[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8179]
[[Page Unknown]]
[Federal Register: April 6, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-46-4-6192; FRL-4853-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Sacramento Metropolitan Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the approval of revisions to the California
State Implementation Plan (SIP) proposed in the Federal Register on
October 4, 1993. The revisions concern a rule from the Sacramento
Metropolitan Air Quality Management District (SMAQMD). This approval
action will incorporate this rule into the federally approved SIP. The
intended effect of approving this rule 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
rule controls VOC emissions from aerospace assembly and coating
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 final rule is effective on May 6, 1994.
ADDRESSES: Copies of the rule revisions 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 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.
Sacramento Metropolitan Air Quality Management District,8411
Jackson Road, Sacramento, California 95812.
FOR FURTHER INFORMATION CONTACT: Chris Stamos, 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) 744-1187.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 1993 at 58 FR 51591, EPA proposed to approve SMAQMD
Rule 456, Aerospace Assembly and Component Coating Operations, into the
California SIP. Rule 456 was adopted by SMAQMD on February 23, 1993 and
submitted by the California Air Resources Board (CARB) to EPA on April
6, 1993. 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 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 proposed rule
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 proposed rule cited above. EPA has found
that the rule meets the applicable EPA requirements. A detailed
discussion of the rule provisions and evaluations has been provided at
58 FR 51591 and in a technical support document (TSD) available at
EPA's Region IX office (TSD for SMAQMD Rule 456 dated August 8, 1993).
Response to Public Comments
A 30-day public comment period was provided at 58 FR 51591 and EPA
received no comments on SMAQMD Rule 456.
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.1 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.
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\1\EPA is scheduled to publish a draft Control Techniques
Guideline (CTG) for aerospace coating operations in July of 1994.
When the CTG is published, EPA will be evaluating rules applicable
to aerospace assembly and coating operations against the CTG
requirements. States will be required to submit revised RACT rules
in accordance with those requirements and the schedule included in
the CTG.
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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 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 222) from the
requirements of section 3 of Executive Order 12291 for 2 years. The EPA
has submitted a request for a permanent waiver for Table 2 and Table 3
SIP revisions. The OMB has agreed to continue the waiver until such
time as it rules on EPA's request. This request continues in effect
under Executive Order 12866 which superseded Executive Order 12291 on
September 30, 1993.
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 June 6, 1994. Filing a petition for
reconsideration by the Administrator of this final rule does not effect
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: March 8, 1994.
John Wise,
Acting 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) (192) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(192) New and amended regulations for the following APCDs were
submitted on April 6, 1993 by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Air Quality Management District.
(1) Rule 456, adopted on February 23, 1993.
* * * * *
[FR Doc. 94-8179 Filed 4-5-94; 8:45 am]
BILLING CODE 6560-50-F
