ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF LABOR

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-4-6351; FRL-4997-9]

Approval and Promulgation of Implementation Plans California State

Implementation Plan Revision Santa Barbara County Air Pollution

Control District San Diego County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing to approve revisions to the California State

Implementation Plan (SIP) which concern the control of volatile organic

compound (VOC) emissions from polyester resin operations. The intended

effect of proposing approval of these rules is to regulate emissions of

VOCs in accordance with the requirements of the Clean Air Act, as

amended in 1990 (CAA or the Act). EPA's final action on this notice of

proposed rulemaking (NPR) will incorporate these rules into the

federally approved SIP. EPA has evaluated each of these rules and is

proposing to approve them 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: Comments must be received on or before July 14, 1994.

ADDRESSES: Comments may be mailed to: Daniel A. Meer, Rulemaking

Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

Copies of the rule revisions and EPA's evaluation report of each

rule are available for public inspection at EPA's Region 9 office

during normal business hours. Copies of the submitted rule revisions

are also available for inspection at the following locations:

California Air Resources Board, Stationary Source Division, 2020 L

Street, Sacramento, CA 95814.

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive, B-23, Goleta, CA 93117.

San Diego County Air Pollution Control District, 9150 Chesapeake

Drive, San Diego, CA 92123-1096.

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 rules being proposed for approval into the California SIP

include: Santa Barbara County Air Pollution Control District (SBCAPCD),

Rule 349, Polyester Resin Operations; and San Diego County Air

Pollution Control District (SDCAPCD), Rule 67.12, Polyester Resin

Operations. These rules were submitted by the California Air Resources

Board (CARB) to EPA on November 18, 1993.

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 CAA or pre-amended Act), that included Santa Barbara and San

Diego Counties. 43 FR 8964, 40 CFR 81.305. Because these areas were

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 52.238.

On May 26, 1988, EPA notified the Governor of California, pursuant to

section 110(a)(2)(H) of the pre-amended 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. 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. Santa Barbara County is classified as moderate and

San Diego County is classified as severe;2 therefore, these areas

were 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 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\SBCAPCD and SDCAPCD retained their designation of

nonattainment and were 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 November 18, 1993, including the rules

being acted on in this document. This document addresses EPA's proposed

action for SBCAPCD's Rule 349, Polyester Resin Operations and SDCAPCD's

Rule 67.12, Polyester Resin Operations. SBCAPCD adopted Rule 349 on

April 27, 1993 and SDCAPCD adopted Rule 67.12 on April 6, 1993. These

submitted rules were found to be complete on December 23, 1993 pursuant

to EPA's completeness criteria that are set forth in 40 CFR part 51,

appendix V3 and are being proposed 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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SBCAPCD Rule 349 and SDCAPCD Rule 67.12 control VOC emissions from

polyester resin operations. VOCs contribute to the production of ground

level ozone and smog. The rules were adopted as part of each district's

efforts 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

proposed action for these rules.

EPA Evaluation and Proposed 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). For some source

categories, such as polyester resin operations, EPA did not publish a

CTG. In such cases, the District may determine what controls are

required to satisfy the RACT requirement by reviewing the operations of

facilities with the affected source category. 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.

SDCAPCD's Rule 67.12, Polyester Resin Operations, includes the

following significant changes from the current SIP:

A definition for exempt compounds was added and the VOC

definition was revised.

Standards for pigmented and clear gel coats were added.

The recordkeeping section was revised to include

maintenance of records for gel coats used, manufacturer's

identification and VOC content of materials used.

Several new test methods were added to correct previously

identified deficiencies.

SBCAPCD's Rule 349, Polyester Resin Operations, is a new rule which

was adopted to control VOC emissions from commercial and industrial

polyester resin operations. Rule 349 includes:

The use of control options.

Requirements for spray equipment.

Recordkeeping for resins and cleaning materials.

The use of closed containers to store all unused

materials.

Test methods to determine compliance.

EPA has evaluated the submitted rules and has determined that they

are consistent with the CAA, EPA regulations, and EPA policy.

Therefore, SDCAPCD's Rule 67.12, Polyester Resin Operations and

SBCAPCD's Rule 349, Polyester Resin Operations are being proposed for

approval 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 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

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 populations of less than

50,000.

SIP approvals under sections 110 and 301 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, 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.

T3Union 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 2 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401-7671q.

Dated: June 6, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-14419 Filed 6-13-94; 8:45 am]

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