[Federal Register Volume 59, Number 26 (Tuesday, February 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2660]
[[Page Unknown]]
[Federal Register: February 8, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 22-2-6004; FRL-4817-4]
Approval and Promulgation of Implementation Plans California
State Implementation Plan Revision San Joaquin Valley Unified Air
Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the approval of a revision to the California
State Implementation Plan (SIP) proposed in the Federal Register on May
18, 1993. The revision concerns a rule from the following District: San
Joaquin Valley Unified Air Pollution Control District (SJVUAPCD). This
approval action will incorporate this rule into the federally approved
SIP. The intended effect of approving this rule is to regulate the
emission of volatile organic compounds (VOCs) in accordance with the
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).
The revised rule controls VOC emissions from non-assembly line motor
vehicle and mobile equipment refinishing operations. Thus, EPA is
finalizing the approval of this revision 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.
EFFECTIVE DATE: This action is effective on March 10, 1994.
ADDRESSES: Copies of the rule revision and EPA's evaluation report for
the rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rule revision are
available for inspection at the following locations:
Rulemaking Section I (A-5-4), Air and Toxics Division, U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
Environmental Protection Agency, Jerry Kurtzweg ANR 443, 401 ``M''
Street, SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
San Joaquin Valley Unified Air Pollution Control District, 1745
West Shaw, Suite 104, Fresno, CA 93711.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section
II (A-5-3), Air and Toxics Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
Telephone: (415) 744-1195.
SUPPLEMENTARY INFORMATION:
Background
On May 18, 1993 in 58 FR 28944, EPA proposed to approve the
following rule into the California SIP: SJVUAPCD's Rule 460.2, Motor
Vehicle and Mobile Equipment Refinishing Operations. Rule 460.2 was
adopted by SJVUAPCD on September 19, 1991. The rule was submitted by
the California Air Resources Board (CARB) to EPA on January 28, 1992.
This rule was submitted in response to EPA's 1988 SIP-Call and the
CAA section 182(a)(2)(A) requirement that nonattainment areas fix their
deficient reasonably available control technology (RACT) rules for
ozone in accordance with EPA guidance that interpreted the requirements
of the pre-amendment Act. A detailed discussion of the background for
the above rule and nonattainment area is provided in the notice of
proposed rulemaking (NPR) cited above.
EPA has evaluated the above rule for consistency with the
requirements of the CAA and EPA regulations and EPA interpretation of
these requirements as expressed in the various EPA policy guidance
documents referenced in the NPR cited above. EPA has found that the
rule meets the applicable EPA requirements. A detailed discussion of
the rule provision and evaluation has been provided in 58 FR 28944 and
in the technical support document (TSD) available at EPA's Region IX
office(Rule 460.2-TSD dated December 23, 1992).
Response to Public Comments
On March 22, 1993, EPA published a direct-final rulemaking notice
in the Federal Register approving SJVUAPCD Rule 460.2, and one comment
was received from the Flexible Packaging Association (FPA). Because of
that comment, EPA published a withdrawal of the direct-final notice on
May 18, 1993 and on the same day proposed approval of Rule 460.2
providing a 30-day public comment period (58 FR 28944)
The comment from the FPA has been evaluated by EPA and a summary of
the comment and EPA's response is set forth below.
Comment: The FPA commented that they believe capture efficiency
(CE) test protocols which require the use of a temporary total
enclosure (TTE) are excessively expensive and not technically
justified, compared to ``nonenclosed mass balance tests''. FPA is
currently running side by side comparison testing in cooperation with
EPA. FPA believes that a requirement to use the TTE method prior to an
evaluation of this testing is premature.
Response: EPA's interim policy on the implementation of CE
protocols is to refrain from listing the lack of a CE test protocol as
a rule deficiency while EPA develops and reviews possible alternatives
to CE test protocols which use a TTE. However, EPA has continued to
encourage states and local agencies to reference CE test protocols in
their regulations where appropriate and to use EPA's recommended method
for measuring CE where noncompliance is suspected. State and local
agencies are free to include CE test protocol requirements in their
regulations.
EPA Action
EPA is finalizing action to approve the above rule for inclusion
into the California SIP. EPA is approving the submittal under section
110(k)(3) as meeting the requirements of section 110(a) and part D of
the CAA. This approval action will incorporate this rule into the
federally approved SIP. The intended effect of approving this rule is
to regulate emissions of VOCs in accordance with the requirements of
the CAA.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state 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.
Regulatory Process
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). EPA has submitted a request for a
permanent waiver for Table 2 and Table 3 SIP revisions. OMB has agreed
to continue the temporary waiver until such time as it rules on EPA's
request.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by [Insert date 60 days from the date of
publication]. Filing a petition for reconsideration by the
Administrator of this final rule does not affect the finality of this
rule for the purposes of judicial review nor does it extend the time
within which a petition for judicial review may be filed and shall not
postpone the effectiveness of such rule or action. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
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: December 9, 1993.
Felicia Marcus,
Regional Administrator.
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 is amended by adding paragraph (c) (187)(i)(A)(2)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(187) * * *
(i) * * *
(A) * * *
(2) Rule 460.2 adopted on September 19, 1991.
* * * * *
[FR Doc. 94-2660 Filed 2-7-94; 8:45 am]
BILLING CODE 6560-50-F
