[Federal Register Volume 60, Number 63 (Monday, April 3, 1995)]
[Rules and Regulations]
[Pages 16798-16801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8042]
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[[Page 16799]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 83-5-6889a; FRL-5165-5]
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 (SIP). The revisions concern rules
from 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).
The revised rules control VOC emissions from organic liquid bulk plants
and terminals, surface coating of miscellaneous metal parts and
products, aerospace assembly and component coating operations, flexible
and rigid disc manufacturing, gasoline bulk terminals, gasoline bulk
plants, and gasoline delivery vehicles. One of the rules concerns the
submittal of VOC and NOX emissions data to the district. 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 June 2, 1995 unless adverse or
critical comments are received by May 3, 1995. 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,
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109.
FOR FURTHER INFORMATION CONTACT: Helen Liu, 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-
1199.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include the
following BAAQMD rules: Rule 8.6, Organic Liquid Bulk Terminals and
Bulk Plants, Rule 8.19, Surface Coating of Miscellaneous Metal Parts
and Products, Rule 8.29, Aerospace Assembly and Component Coatings
Operations, Rule 8.33, Gasoline Bulk Terminals and Gasoline Delivery
Vehicles, Rule 8.38, Flexible and Rigid Disc Manufacturing, Rule 8.39,
Gasoline Bulk Plants and Gasoline Delivery Vehicles, and Rule 2.1,
Section 429, Emissions Statement. These rules were submitted by the
California Air Resources Board (CARB) to EPA on September 28, 1994,
except for Rule 8.6, which was submitted on May 24, 1994, and Rule 2.1,
Section 429, which was submitted October 19, 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 San Francisco-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 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.
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 Bay Area is classified as moderate2;
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 has 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 May 24, 1994, September 28, 1994, and
October 19, 1994, including the rules being acted on in this notice.
This document addresses EPA's direct-final action for the BAAQMD rules
cited above. BAAQMD adopted Rule 8.6 on February 2, 1994, Rule 8.19,
Rule 8.38, and Rule 2.1, Section 429 on June 15, 1994, and Rule 8.29,
Rule 8.33, and Rule 8.39 on June 1, 1994. These submitted rules were
found to be complete on July 14, 1994 (Rule 8.6), on November 22, 1994
(Rules 8.19, 8.29, 8.33, 8.38, 8.39), and on December 1, 1994 (Rule
2.1, Section 429). These rules were found complete 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 8.6 controls volatile organic compounds (VOC) emissions from
transfer operations at non-gasoline organic liquid bulk plants and
terminals. Rule 8.19 limits the VOC emissions from the coating of
miscellaneous metal parts and products. Rule 8.29 limits the emission
of VOCs from the surface preparation and coating of aerospace
components and cleanup of aerospace coating equipment. Rule 8.33
[[Page 16800]] controls VOC emissions from transfer operations at
gasoline bulk terminals. Rule 8.38 limits the emission of VOCs from the
manufacture of flexible and rigid magnetic data storage discs. Rule
8.39 controls VOC emissions from transfer operations at gasoline bulk
plants. Rule 2.1, Section 429 requires certain VOC and NOX
facility owners to report VOC and oxides of nitrogen (NOX)
emissions data annually to the district. VOC and NOX emissions
contribute to the production of ground level ozone and smog. These
rules were originally adopted as part of the Bay Area'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 8.19 is entitled ``Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume VI: Surface Coating
of Miscellaneous Metal Parts and Products'' [EPA-450/2-78-015]. The CTG
entitled ``Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals'' [EPA-450/2-77-026] applies to Rule 8.6 and Rule 8.33. The
CTG entitled ``Control of Volatile Organic Emissions from Bulk Gasoline
Plants'' [EPA-450/2-77-035] applies to Rule 8.6 and Rule 8.39. The CTG
entitled ``Control of Volatile Organic Compound Leaks from Gasoline
Tank Trucks and Vapor Collection Systems'' [EPA-450/2-78-051] applies
to Rule 8.33 and Rule 8.39. Further interpretations of EPA policy are
found in the Blue Book, referred to in footnote 1, and in ``Model
Volatile Organic Compound Rules for Reasonably Available Control
Technology,'' Office of Air Quality Planning Standards, June 1992. In
general, these guidance documents have been set forth to ensure that
VOC rules are fully enforceable and strengthen or maintain the SIP.
BAAQMD's submitted Rule 8.6, Organic Liquid Bulk Terminals and Bulk
Plants includes the following significant changes from the current SIP:
The mass emission limit for bulk terminals was lowered
from 0.65 lb/1000 gallons to 0.17 lb/1000 gallons,
Mass emission limits were added for bulk plants (0.35 lb/
1000 gallons) and for deliveries to storage tanks (0.17 lb/1000
gallons),
The rule now covers liquids with vapor pressures greater
than 0.5 psia.
BAAQMD's submitted Rule 8.19, Surface Coating of Miscellaneous
Metal Parts and Products includes the following significant changes
from the current SIP:
Exemptions include compliant powder coatings and low usage
coatings,
Certain coatings with limits that exceed the VOC content
limits in the CTG are allowed,4
\4\EPA has determined that emissions resulting from the higher
limits do not represent a significant difference from the allowable
emissions under the applicable CTG standards and that they fall
within the ``5% Rule'' in the Blue Book. The ``5% Rule'' allows
states to depart from a CTG standard upon a demonstration that the
departure results in ``no significant difference'' in emissions
(i.e. less than 5% from the CTG allowable).
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Petition requirements for low usage and specialty coatings
are introduced,
Emission reduction credits must be adjusted to reflect
federal RACT.
BAAQMD's submitted Rule 8.29, Aerospace Assembly and Component
Coating Operations includes the following significant changes from the
current SIP:
The low usage coating exemption is 200 gallons per
facility per calendar year,
Operations that use less than 20 gallons of coating in any
calendar year are exempt from certain recordkeeping requirements,
The abatement efficiency for control of emissions from
non-compliant coatings must be at least 85%,
Petition requirements for low usage coatings are
introduced.
BAAQMD's submitted Rule 8.33, Gasoline Bulk Terminals and Gasoline
Delivery Vehicles includes the following significant changes from the
current SIP:
The emission limit for vapor recovery systems was lowered
from 0.55 lb/1000 gallons to 0.08 lb/1000 gallons,
Test methods were updated.
BAAQMD's submitted Rule 8.38, Flexible and Rigid Disc Manufacturing
includes the following major elements:
Total control efficiency must be at least 85% for disc
coating and polishing lines,
Coating mixing operation requirements specify dimensions
and materials for the vats.
BAAQMD's submitted Rule 8.39, Gasoline Bulk Plants and Gasoline
Delivery Vehicles includes the following significant changes from the
current SIP:
The emissions limit for vapor recovery systems was lowered
from 0.55 lb/1000 gallons to 0.50 lb/1000 gallons,
Test procedures were either added or updated.
BAAQMD's submitted Rule 2.1, Section 429, Emissions Statement
includes the following major issue:
Certain VOC and NOX facility owners are required to
report emissions data annually to the district.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, BAAQMD's Rule 8.6, Organic Liquid Bulk Terminals and Bulk
Plants, Rule 8.19, Surface Coating of Miscellaneous Metal Parts and
Products, Rule 8.29, Aerospace Assembly and Component Coatings
Operations, Rule 8.33, Gasoline Bulk Terminals and Gasoline Delivery
Vehicles, Rule 8.38, Flexible and Rigid Disc Manufacturing, Rule 8.39,
Gasoline Bulk Plants and Gasoline Delivery Vehicles, and Rule 2.1,
Section 429, Emissions Statement 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 notice 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 [[Page 16801]] publication, the EPA is proposing to approve
the SIP revision should adverse or critical comments be filed. This
action will be effective June 2, 1995 unless, within 30 days of its
publication, 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 notice 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 June 2, 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. 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 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. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410(a)(2).
The OMB 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 15, 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 paragraphs (c) (197)(i)(B),
(199)(i)(A)(5), (202) introductory text, and (202)(i) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(197) * * *
(i) * * *
(B) Bay Area Air Quality Management District.
(1) Rule 8-6, adopted on February 2, 1994.
* * * * *
(199) * * *
(i) * * *
(A) * * *
(5) Rules 8-29, 8-33, and 8-39, adopted on June 1, 1994, and Rules
8-19 and 8-38, adopted on June 15, 1994.
* * * * *
(202) New and amended regulations for the following APCDs were
submitted on October 19, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Rule 2-1, adopted on June 15, 1994.
* * * * *
[FR Doc. 95-8042 Filed 3-31-95; 8:45 am]
BILLING CODE 6560-50-P
