[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20914]
[[Page Unknown]]
[Federal Register: August 25, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 83-2-6581a FRL-5030-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast 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 the South Coast Air Quality Management District (SCAQMD). The
revised rules control VOC emissions from Polyester Resin Operations,
Manufacture of Polymeric Cellular (Foam) Products, Fugitive Emissions
of Volatile Organic Compounds, and Sumps and Wastewater Separators.
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 the deficiencies in these rules have been
corrected and that on the effective date of this action, any sanctions
or Federal Implementation Plan (FIP) obligations are permanently
stopped. 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 final rule is effective on October 24, 1994, unless adverse
or critical comments are received by September 26, 1994. 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, 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 92123-1095
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182
FOR FURTHER INFORMATION CONTACT:
Daniel A. Meer, Chief, 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) 744-1185.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: SCAQMD
Rule 1162, Polyester Resin Operations; Rule 1173, Fugitive Emissions of
Volatile Organic Compounds; Rule 1175, Control of Emissions from the
Manufacture of Polymeric Cellular (Foam) Products; and Rule 1176, Sumps
and Wastewater Separators. These rules were submitted by the California
Air Resources Board (CARB) to EPA on May 24, 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 Los Angeles-South
Coast Air Basin Area (LA-Basin). 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) 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. 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) rule 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 neccessary corrections for specific
nonattainment areas. The LA Basin is classified as extreme;\2\
therefore, this area was subject to the RACT fix-up requirement and the
May 15, 1991 deadline.
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\1\Among other things, the pre-amendment guidance consists of
those portions of the proposed post-1987 azone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating toe 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 LA Basin 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, including the rules being
act on in this notice. This notice addresses EPA's direct-final action
for SCAQMD Rule 1162, Polyester Resin Operations; Rule 1173, Fugitive
Emissions of Volatile Organic Compounds; Rule 1175, Control of
Emissions from the Manufacture of Polymeric Cellular (Foam) Products;
and Rule 1176, Sumps and Wastewater Separators. South Coast Air Quality
Management District adopted these rules on May 13, 1994. These
submitted rules were found to be complete on July 14, 1994 pursuant to
EPA's completeness criteria that are set forth in 40 CFR part 51
Appendix V\3\ and are being finalized for approval into the SIP.
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\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 1162 controls VOC emissions from all polyester resin
operations that fabricate, rework, repair, or touch-up products for
commercial, military, or industrial use; Rule 1173 controls VOC leaks
from valves, fittings, pumps, compressors and other device at
refineries, chemical plants, oil and gas production fields, natural gas
processing plants, and pipeline transfer stations; Rule 1175 controls
emissions of VOCs from polymeric cellular products manufacturing
operations including but not limited to expandable polystyrene,
polystyrene foam extrusion, polyurethane, isocyanurate and phenolic
foam operations; Rule 1176 limits VOC emissions from sumps, wastewater
separators, separator forebays, process drains, sewer lines and
junction boxes located at oil production fields, refineries, chemical
plants, and industrial facilities handling petroleum liquids. VOCs
contribute to the production of ground level ozone and smog. These
rules were originally adopted as part of SCAQMD'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 this rule.
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 1173 is entitled ``Control of Volatile Organic
Equipment Leaks from Natural Gas/Gasoline Processing Plants'', EPA-450/
3-83-007; the CTG applicable to Rule 1176 is entitled ``Control of
Refinery Vacuum Producing Systems, Wastewater Separators and Process
Turnarounds'', EPA-450/2-77-025. Rules 1162 and 1175 control emissions
from source categories for which EPA has not developed a CTG. These
rules were evaluated against the general RACT requirements of the CAA
(section 110 and part D, 40 CFR part 51), ``Issues relating to VOC
Regulation Cutpoints, Deficiencies and Deviations--Clarifications to
Appendix D of November 24, 1987 Federal Register'' May 25, 1988 (EPA's
Blue Book), and other EPA policies including the EPA Region IX/CARB
document entitled: ``Guidance Document for Correcting VOC Rule
Deficiencies,'' April 1991. 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.
SCAQM's submitted rules include the following significant changes
from the current SIP:
Rule 1162, Polyester Resin Operations
Specifies individual test methods for determining monomer
content and weight loss of polymer resin materials,
References specific test method to determine capture
efficiency,
Adds applicability section.
Rule 1173, Fugitive Emissions of Volatile Organic Compounds
Removed Executive Officer discretion in approving
alternate test methods from section (h)(2),
Clarified section (k)(1) that unsafe components are not
exempt from repair requirements,
Changed the definition of ``inaccessible component'' to be
consistent with the CTG definition.
Rule 1175, Control of Emissions From the Manufacture of Polymeric
Cellular (Foam) Products
Revised definition of Approved Emission Control System,
Deleted definition of Emission Collection System,
Updated Emission Control Requirements section,
Expanded test method section,
Rule 1176, Sumps and Wastewater Separators
Removed Executive Officer discretion in determining
equivalent control measures from section (c)(2)(C),
Removed Executive Officer discretion in approving
alternate test methods from sections (g)(1) and (g)(2),
Removed ability to designate safety exemptions without
District approval (h)(1).
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD Rule 1162, Polyester Resin Operations; Rule 1173,
Fugitive Emissions of Volatile Organic Compounds; Rule 1175, Control of
Emissions from the Manufacture of Polymeric Cellular (Foam) Products;
and Rule 1176, Sumps and Wastewater Separators, 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 the deficiencies in these rules have been corrected. Therefore, if
this direct final action is not withdrawn, on October 24, 1994, any
sanction or Federal Implementation Plan Clock is stopped.
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 SIP 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 publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective October 24, 1994, 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 October 24, 1994.
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. 246, 256-66 (S.
Ct. 1976); 42 U.S.C. 7410(a)(2).
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. The Office of Management and Budget 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: July 29, 1994.
Jeffrey Zelikson,
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)(197) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(197) New and amended regulations for the following APCDs were
submitted on May 24, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994.
* * * * *
[FR Doc. 94-20914 Filed 8-24-94; 8:45 am]
BILLING CODE 6560-50-M
