[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12451-12453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5348]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 102-8-6860a; FRL-5160-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Bay Area Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern rules from
the Bay Area Air Quality Management District (BAAQMD). 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).
In addition, the final action on these rules serves as a final
determination that any deficiencies in these rules noted in prior
proposed rulemakings have been corrected. The rules control VOC
emissions from pump and compressor seals at petroleum refineries,
chemical plants, bulk plants, and bulk terminals; large commercial
bakeries; and polyester resin operations. Thus, EPA is finalizing the
approval of these rules 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 final rule is effective on May 8, 1995 unless adverse or
critical comments are received by April 6, 1995. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rules 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 rules 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
SW., Washington, DC 20460,
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
[[Page 12452]]
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.
SUPPLEMENTARY INFORMATION:
Applicability
The BAAQMD rules being approved into the California SIP include: 8-
25, Pump and Compressor Seals at Petroleum Refineries, Chemical Plants,
Bulk Plants, and Bulk Terminals; 8-42, Large Commercial Bakeries; and
8-50, Polyester Resin Operations. These rules were submitted by the
California Air Resources Board (CARB) to EPA on September 28, 1994.
Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in 1977
(1977 Act or pre-amended Act), that included the Bay Area. 43 FR 8964,
40 CFR 81.305. Because this area was unable to meet the statutory
attainment date of December 31, 1982, California requested under
section 172(a)(2), and EPA approved, an extension of the attainment
date to December 31, 1987. (40 CFR 52.222). On May 26, 1988, EPA
notified the Governor of California, pursuant to section 110(a)(2)(H)
of the 1977 Act, that the above district's portion of the California
SIP was 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. Public Law 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.
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.1 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. The San Francisco-Bay Area (Bay Area) is
classified as moderate;2 therefore, this area was subject to the
RACT fix-up requirement and the May 15, 1991 deadline.
\1\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).
\2\The Bay Area retained its designation of nonattainment and
was 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).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on September 28, 1994, including the rules
being acted on in this document. This notice addresses EPA's direct-
final action for the BAAQMD's Rules 8-25, Pump and Compressor Seals at
Petroleum Refineries, Chemical Plants, Bulk Plants, and Bulk Terminals;
8-42, Large Commercial Bakeries; and 8-50, Polyester Resin Operations.
The BAAQMD adopted Rules 8-25 and 8-42 on June 1, 1994 and Rule 8-50 on
June 15, 1994.
These submitted rules were found to be complete on November 22,
1994 pursuant to EPA's completeness criteria that are set forth in 40
CFR part 51, appendix V3 and are being finalized for approval into
the SIP.
\3\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).
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Rule 8-25 controls volatile organic compound (VOC) emissions from
pumps and compressors; Rule 8-42 controls VOC emissions from bakery
ovens; and Rule 8-50 controls VOC emissions from manufacturing or
production operations using polyester resins. VOCs contribute to the
production of ground level ozone and smog. These rules were originally
adopted as part of the BAAQMD's effort 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 1. 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.
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). The CTG
applicable to Rule 8-25 is entitled, ``Control of Volatile Organic
Leaks from Synthetic Organic Chemical and Polymer Manufacturing'' EPA-
450/3-83-006), U.S. EPA, March 1984. Further interpretations of EPA
policy are found in the Blue Book, referred to in footnote 1. In
general, these guidance documents have been set forth to ensure that
VOC rules are fully enforceable and strengthen or maintain the SIP. For
some source categories, such as large commercial bakeries (BAAQMD Rule
8-42) and polyester resin operations (BAAQMD Rule 8-50), EPA did not
publish a CTG. In these cases, the district 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. EPA did publish an Alternative Control Technology Document (ACT)
entitled, ``Alternative Control Technology Document for Bakery Oven
Emissions'', EPA 453/R-92-017, December 1972 as guidance for bakery
sources.
BAAQMD Rule 8-25, Pump and Compressor Seals at Petroleum
Refineries, Chemical Plants, Bulk Plants, and Bulk Terminals improves
the current SIP rule by:
Revising the compliance dates.
Adding definitions to clarify the rule.
Adding visual inspection requirements.
Adding new test method requirements. [[Page 12453]]
Adding recordkeeping requirements.
Adding a ``burden of proof'' requirement for exemptions.
BAAQMD Rule 8-42, Large Commercial Bakeries, is a new rule which
was adopted to control emissions of VOCs from large commercial bread
bakeries. However, Rule 8-42 has been in effect in the Bay Area since
1989. The rule requires:
All ovens to be vented to an emission control system.
Sources to maintain records of the emissions control
system's key operating parameters on a daily basis.
Sources claiming exemptions to provide the necessary
information to substantiate the exemption.
Sources to use district method ST-32 for determination of
emissions.
The use of an emissions factor table for calculation of
emissions.
BAAQMD Rule 8-50, Polyester Resin Operations, is a new rule which
limits the emission of VOCs from polyester resin operations. The rule
provides the following:
Standards which affect the application and curing of
resin, gel coat application and curing, and clean-up solvents.
Standards for resins and gel coats are not applicable to
polyester resin operations that choose to install and operate emission
control equipment.
Storage requirements for surface preparation and clean-up
solvents.
Recordkeeping requirements and test methods.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, the BAAQMD's Rule 8-25, Pump and Compressor Seals at
Petroleum Refineries, Chemical Plants, Bulk Plants, and Bulk Terminals;
Rule 8-42, Large Commercial Bakeries; and Rule 8-50, Polyester Resin
Operations are being approved under section 110(k)(3) of the CAA as
meeting the requirements of section 110(a) and part D. The final action
on these rules serves as a final determination that any deficiencies in
these rules noted in prior proposed rulemakings have been corrected.
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 May 8, 1995, unless, by April 6, 1995, 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 May 8, 1995.
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. 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 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. E.P.A., 427 U.S. 256-66 (S. Ct.
1976); 42 U.S.C. 7410 (a)(2).
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
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: February 10, 1995.
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 is amended by adding paragraph (c)(199)(i)(A)(3)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(199) * * *
(i) * * *
(A) * * *
(3) Rules 8-25 and 8-42, adopted on June 1, 1994 and Rule 8-50,
adopted on June 15, 1994.
* * * * *
[FR Doc. 95-5348 Filed 3-6-95; 8:45 am]
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