Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Sacramento Metropolitan Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 46-3-6525; FRL-5010-3]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Sacramento Metropolitan Air Quality

Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final rulemaking (NFRM).

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SUMMARY: EPA is finalizing the approval of a revision to the California

State Implementation Plan (SIP) proposed in the Federal Register on

January 12, 1994. The revisions concern a rule from the Sacramento Air

Quality Management District (SMAQMD). This rule is intended to control

volatile organic compound (VOC) emissions from degreasing (cleaning)

operations. This final action notice will incorporate this rule into

the federally approved SIP. The intended effect of approving this rule

is to regulate VOC emissions in accordance with the requirements of the

Clean Air Act, as amended in 1990 (CAA or the Act). 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.

On October 22, 1991, the sanctions and FIP clocks were started when

EPA determined that the State failed to make a complete submittal. The

mandatory sanctions clock was stopped on April 28, 1993 when EPA

determined that the State had made a complete submittal. This final

action will incorporate this rule into the federally approved SIP and

stop the Federal Implementation Plan clock.

EFFECTIVE DATE: This action is effective on September 6, 1994.

ADDRESSEES: Copies of the rule revision 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 revision 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, 2020 L

Street, Sacramento, CA 95814.

Sacramento Metropolitan Air Quality Management District, 8411

Jackson Road, Sacramento, CA 95826.

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) 744-1152.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being approved into the California SIP is Sacramento

Metropolitan Air Quality Management District (SMAQMD) Rule 454,

Degreasing Operations. This rule was submitted to EPA by the California

Air Resources Board (CARB) on April 6, 1993.

Background

On January 12, 1994 in 59 FR 1699, EPA proposed to approve the

following rule into the California SIP: SMAQMD's Rule 454, Degreasing

Operations. Rule 454 was adopted by SMAQMD on February 23, 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 notice of proposed

rulemaking (NPRM) 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 NPRM 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 in 59 FR 1698 and

in a technical support document (TSD) available at EPA's Region IX

office (TSD dated June 10, 1993 for Rule 454).

Response to Public Comments

A 30-day public comment period was provided in 59 FR 1698. No

comments were received by EPA on the notice.

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. 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.

This approval action will incorporate this rule into the federally

approved SIP and also stop the Federal Implementation Plan (FIP) clock.

The sanctions and FIP clocks were started on October 22, 1991 when EPA

determined that the State failed to make a complete submittal. The

mandatory sanctions clock was stopped on April 28, 1993 when EPA

determined that the State made a complete submittal.

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 notice 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 temporary 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,

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: June 29, 1994.

Felicia Marcus,

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)(i)(A)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(192) * * *

(i) * * *

(A) * * *

(2) Rule 454, adopted on February 23, 1993.

* * * * *

[FR Doc. 94-18993 Filed 8-3-94; 8:45 am]

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