[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7706-7709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4570]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 71-10-7281a; FRL-5422-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Mojave Desert Air Quality
Management District and Ventura County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern rules from
the Mojave Desert Air Quality Management District (MDAQMD) and the
Ventura County Air
[[Page 7707]]
Pollution Control District (VCAPCD). This approval action will
incorporate these rules into the federally approved SIP. The intended
effect of approving these rules is to regulate emissions of volatile
organic compounds (VOCs) in accordance with the requirements of the
Clean Air Act, as amended in 1990 (CAA or the Act). The rules control
VOC emissions from asphalt roofing operation, semiconductor
manufacturing operations, and glycol dehydrators. Thus, EPA is
finalizing the approval of these revisions into the California SIP
under provisions of the CAA regarding EPA action on SIP submittals,
SIPs for national primary and secondary ambient air quality standards
and plan requirements for nonattainment areas.
DATES: This action is effective on April 29, 1996 unless adverse or
critical comments are received by April 1, 1996. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rule revisions and EPA's evaluation report for
each rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rule revisions
are available for inspection at the following locations:
Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA
94105
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814
Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite
200, Victorville, CA 92392
Ventura County Air Pollution Control District, 669 County Square Drive,
Ventura, CA 93003
FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking Section
(A-5-3), Air and Toxics Division, U.S. Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:
(415) 744-1188.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: MDAQMD
Rule 471, Asphalt Roofing Operations; VCAPCD Rule 74.28, Asphalt
Roofing Operations; VCAPCD Rule 74.21, Semiconductor Manufacturing;
VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule 71, Crude Oil and
Reactive Organic Compound Liquids. The California Air Resources Board
submitted these rules to EPA on December 22, 1994; November 18, 1993;
July 13, 1994; and February 24, 1995 (Rules 71 and 71.5) respectively.
Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in l977
(1977 Act or pre-amended Act), that included the Southeast Desert
Modified AQMA Area 1 and the Ventura County Area. 43 FR 8964, 40
CFR 81.305. On May 26, 1988, EPA notified the Governor of California,
pursuant to section 110(a)(2)(H) of the 1977 Act, that the above
districts' portions of the California SIP were inadequate to attain and
maintain the ozone standard and requested that deficiencies in the
existing SIP be corrected (EPA's SIP-Call). On November 15, 1990, the
Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104
Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended section
182(a)(2)(A) of the CAA, Congress statutorily adopted the requirement
that nonattainment areas fix their deficient reasonably available
control technology (RACT) rules for ozone and established a deadline of
May 15, 1991 for states to submit corrections of those deficiencies.
\1\ Portions of MDAQMD lie within the Southeast Desert Modified
AQMA Area.
---------------------------------------------------------------------------
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in pre-amendment guidance.2 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. The Southeast Desert Modified AQMA Area is
classified as Severe-17, and the Ventura County Area is classified as
Severe-15 3; therefore, these areas were subject to the RACT fix-
up requirement and the May 15, 1991 deadline.
\2\ Among other things, the pre-amendment guidance consists of
those portions of the proposed Post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\3\ Southeast Desert Modified AQMA Area and Ventura County Area
retained their designations of nonattainment and were classified by
operation of law pursuant to sections 107(d) and 181(a) upon the
date of enactment of the CAA. See 55 FR 56694 (November 6, 1991).
---------------------------------------------------------------------------
The State of California submitted many revised RACT rules for
incorporation into its SIP on December 22, 1994; November 18, 1993;
July 13, 1994; and February 24, 1995, including the rules being acted
on in this notice. This notice addresses EPA's direct-final action for
MDAQMD Rule 471, Asphalt Roofing Operations; VCAPCD Rule 74.28, Asphalt
Roofing Operations; VCAPCD Rule 74.21, Semiconductor Manufacturing;
VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule 71, Crude Oil and
Reactive Organic Liquids. The MDAQMD adopted Rule 471 on December 21,
1994. The VCAPCD adopted Rule 74.28 on May 10, 1994; Rule 74.21 on
April 6, 1993; and Rules 71.5 and 71 on December 13, 1994. These
submitted rules were found to be complete on January 3, 1995; September
12, 1994; December 23, 1993; and March 10, 1995 pursuant to EPA's
completeness criteria that are set forth in 40 CFR part 51 Appendix V
4 and are being finalized for approval into the SIP.
\4\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
---------------------------------------------------------------------------
The submitted rules control VOC emissions from the operation of
roofing kettles, the manufacture of semiconductors, and the use of
glycol dehydrators. VOCs contribute to the production of ground level
ozone and smog. The rules were adopted as part of each district's
efforts to achieve the National Ambient Air Quality Standard (NAAQS)
for ozone and in response to EPA's SIP-Call and the section
182(a)(2)(A) CAA requirement. The following is EPA's evaluation and
final action for these rules.
EPA Evaluation and Action
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and part D of the CAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 2. Among those provisions
is the requirement that a VOC rule must, at a minimum, provide for the
implementation of RACT for stationary sources of VOC emissions. This
requirement was carried forth from the pre-amended Act.
[[Page 7708]]
For the purpose of assisting state and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). There is no CTG
applicable to any of the rules being considered in this notice. For
source categories that do not have an applicable CTG (such as asphalt
roofing operations, semiconductor manufacturing, or glycol
dehydrators), state and local agencies may determine what controls are
required by reviewing the operation of facilities subject to the
regulation and evaluating regulations for similar sources in other
areas. Further interpretations of EPA policy are found in the Blue
Book, referred to in footnote 2. In general, these guidance documents
have been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
MDAQMD's revised Rule 471, Asphalt Roofing Operations, includes the
following significant changes from the current SIP version:
Added definitions for eight (8) rule-specific terms.
Deleted requirement that vapors emitted from roofing
kettles be incinerated, filtered, or processed.
Added requirement that roofing kettles be equipped with
close fitting lids.
Added temperature limits for material in kettles.
Added procedures for roofing kettle draining operations.
Added requirement for kettle vents.
Specified method to determine compliance with the
temperature limits.
VCAPCD Rule 74.28, Asphalt Roofing Operations, is a new rule that
requires the following:
Close fitting lids for roofing kettles.
Temperature limits for material in kettles.
Procedures for roofing kettle draining operations.
VCAPCD Rule 74.21, Semiconductor Manufacturing, is a new rule that
requires the following:
Freeboard ratio for solvent cleaning station reservoirs
and sinks.
The use of low VOC solvents outside solvent cleaning
stations.
Solvent cleaning methods.
Two-year recordkeeping.
VCAPCD Rule 71.5, Glycol Dehydrators, is a new rule that requires
the following:
The use of VOC control system on glycol regenerator vents.
Two-year recordkeeping.
Glycol dehydrator vent and vapor disposal system testing
methods.
VCAPCD Rule 71, Crude Oil and Reactive Organic Compound Liquids,
was revised to include new definitions needed to enforce Rule 71.5.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, MDAQMD Rule 471, Asphalt Roofing Operations; VCAPCD Rule
74.28, Asphalt Roofing Operations; VCAPCD Rule 74.21, Semiconductor
Manufacturing; VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule
71, Crude Oil and Reactive Organic Compound Liquids, are being approved
under section 110(k)(3) of the CAA as meeting the requirements of
section 110(a) and part D.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the state implementation plan shall
be considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective April 29, 1996, unless, by April 1, 1996, adverse or critical
comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective April 29, 1996.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and
604. Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over a population of less than
50,000.
SIP approvals under sections 110 and 301(a) and subchapter I, Part
D of the CAA do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-state relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66 (S. Ct.
1976); 42 U.S.C. 7410 (a)(2).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this final action does not include
a mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols,
[[Page 7709]]
Assistant Administrator for Air and Radiation. The Office of Management
and Budget (OMB) has exempted this regulatory action from Executive
Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: January 30, 1996.
Felicia Marcus,
Regional Administrator.
Subpart F of part 52, chapter I, title 40 of the Code of Federal
Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart F--California
2. Section 52.220(c) is amended by adding paragraphs
(194)(i)(A)(4), (198)(i)(J), (210)(i)(C)(2), and (215)(i)(B)(2) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(194) * * *
(i) * * *
(A) * * *
(4) Rule 74.21, adopted on April 6, 1993.
* * * * *
(198) * * *
(i) * * *
(J) Ventura County Air Pollution Control District.
(1) Rule 74.28, adopted on May 10, 1994.
* * * * *
(210) * * *
(i) * * *
(C) * * *
(2) Rule 471, adopted on December 21, 1994.
* * * * *
(215) * * *
(i) * * *
(B) * * *
(2) Rule 71 and Rule 71.5, adopted on December 13, 1994.
* * * * *
[FR Doc. 96-4570 Filed 2-28-96; 8:45 am]
BILLING CODE 6560-50-W
