Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; San Diego County Air Pollution Control District; San Joaquin Valley Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-21-2-6235; FRL-5056-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; San Diego County Air Pollution

Control District; San Joaquin Valley Unified 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 surface cleaning and degreasing

operations, oil sump operations, and the storage of materials

containing VOCs. 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 (NPRM) 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 September 23, 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 IX office

during normal business hours. Copies of the submitted rule revisions

are also available for inspection at the following locations:

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 95814.

San Diego County APCD, 9150 Chesapeake Drive, San Diego, CA 92123.

San Joaquin Valley Unified APCD, 1999 Tuolumne Street, suite 200,

Fresno, CA 93721.

FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-

1200.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being proposed for approval into the California SIP

include: San Diego County Air Pollution Control District (SDCAPCD) Rule

67.6, Solvent Cleaning Operations; SDCAPCD Rule 67.17, Storage of

Materials Containing Volatile Organic Compounds; San Joaquin Valley

Unified Air Pollution Control District (SJVUAPCD) Rule 461.1, Organic

Solvent Degreasing Operations; and SJVUAPCD Rule 465.2, Crude Oil

Production Sumps. These rules were submitted by the California Air

Resources Board (CARB) on April 5, 1991 (67.6), February 11, 1994

(67.17), and January 28, 1992 (461.1 and 465.2).

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 the SDCAPCD and the

following eight air pollution control districts (APCDs) which comprise

the San Joaquin Valley Area: Fresno County APCD, Kern County APCD,

Kings County APCD1, Madera County APCD, Merced County APCD, San

Joaquin County APCD, Stanislaus County APCD, and Tulare County

APCD.2 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, 1987.3 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.

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\1\At that time, Kern County included portions of two air

basins: the San Joaquin Valley Air Basin and the Northeast Desert

Air Basin. The San Joaquin Valley Air Basin portion of Kern County

was designated as nonattainment, and the Southeast Desert portion of

Kern County was designated as unclassified. (See 40 CFR 81.305,

1991)

\2\On March 20, 1991, the San Joaquin Valley Unified Air

Pollution Control District (SJVUAPCD) was formed. The SJVUAPCD has

authority over the San Joaquin Valley Air Basin which includes all

of the above eight counties except the Southeast Desert Air Basin

portion of Kern County.

\3\This extension was not requested for the following counties:

Kern, Kings, Madera, Merced, and Tulare. Thus, the attainment date

for these counties remained December 31, 1982.

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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.4 EPA's SIP-Call used that

guidance to indicate the necessary corrections for the specific

nonattainment areas. The San Diego County area is classified as

``severe'', and the San Joaquin Valley area is classified as

``serious''.5 Therefore, these areas were subject to the RACT fix-

up requirement and the May 15, 1991 deadline.

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\4\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).

\5\The San Diego County and San Joaquin Valley Unified Areas

were redesignated nonattainment and 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 April 5, 1991, January 28, 1992, and

February 11, 1994, including the rules being acted on in this document.

This document addresses EPA's proposed action for SDCAPCD Rule 67.6,

Solvent Cleaning Operations; SDCAPCD Rule 67.17, Storage of Materials

Containing Volatile Organic Compounds; SJVUAPCD Rule 461.1, Organic

Solvent Degreasing Operations; and SJVUAPCD Rule 465.2, Crude Oil

Production Sumps. SDCAPCD adopted Rule 67.6 on October 16, 1990, and

Rule 67.17 on September 21, 1993. SJVUAPCD adopted both Rule 461.1 and

Rule 465.2 on September 19, 1991. These submitted rules were found to

be complete on the following dates: SDCAPCD Rule 67.6, May 21, 1991;

SDCAPCD Rule 67.17, April 11, 1993; and SJVUAPCD Rule 461.1 and Rule

465.2, April 3, 1992. These rules were found to be complete pursuant to

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

appendix V6 and are being proposed for approval into the SIP.

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\6\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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SDCAPCD Rule 67.6 and SJVUAPCD Rule 461.1 control VOC emissions

from solvent degreasing operations. SJVUAPCD Rule 465.2 controls VOC

emissions from crude oil production sumps, and SDCAPCD Rule 67.17

controls emissions from the storage of materials containing VOCs. VOCs

contribute to the production of ground level ozone and smog. These

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 4. 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 SDCAPCD Rule 67.6, Solvent Cleaning Operations, and

SJVUAPCD Rule 461.1, Organic Solvent Degreasing Operations, is EPA-450/

2-77-022, ``Control of Volatile Organic Emissions from Solvent Metal

Cleaning.'' No CTG has been prepared covering the new SDCAPCD Rule

67.17, Storage of Materials Containing Volatile Organic Compounds, or

the new SJVUAPCD Rule 465.2, Crude Oil Production Sumps. Accordingly,

the latter two rules were evaluated based on EPA policy and on rules

covering similar source categories from other districts in California.

Further interpretations of EPA policy are found in the Blue Book,

referred to in footnote 4. In general, these guidance documents have

been set forth to ensure that VOC rules are fully enforceable and

strengthen or maintain the SIP.

SDCAPCD Rule 67.6, Solvent Cleaning Operations, includes the

following significant changes from the current SIP:

1. Expanded the applicability of the rule to include cold-solvent

dip tanks, all vapor degreasers, and stripper and vapor solder reflow

equipment.

2. Added a schedule for bringing equipment into compliance with the

amended rule.

3. Expanded and revised equipment and operating requirements for a

variety of degreasers.

4. Revised and expanded definitions to reflect changes and

additions in the textual material.

5. Revised the provisions allowing for alternative add-on control

devices that reduced emissions of VOCs by at least 85 percent.

6. Added recordkeeping requirements and test methods.

SJVUAPCD Rule 461.1, Organic Solvent Degreasing Operations,

includes the following significant changes from the current SIP:

1. Added more restrictive controls for highly volatile degreasing

solvents.

2. Added test methods for determining compliance.

3. Added recordkeeping requirements.

4. Expanded definitions from 7 to 17 items.

5. Deleted Executive Officer (EO) discretion for items such as

selection and approval of emission control systems and test methods.

6. Expanded operating requirements for all types of degreasers.

7. Added a compliance schedule.

SDCAPCD Rule 67.17, Storage of Materials Containing Volatile

Organic Compounds, is a new rule that sets forth standards requiring

closure of all containers containing VOC and handling of VOC-containing

wastes, such as wipe cloths.

SJVUAPCD Rule 465.2, Crude Oil Production Sumps, is also a new rule

that sets forth standards for controlling VOC emissions from the

various types of crude oil production sumps.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, SDCAPCD Rule 67.6, Solvent Cleaning Operations, SDCAPCD Rule

67.17, Storage of Materials Containing Volatile Organic Compounds,

SJVUAPCD Rule 461.1, Organic Solvent Degreasing Operations, and

SJVUAPCD Rule 465.2, Crude Oil Production Sumps, 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.

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 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. 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,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

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

Dated: August 12, 1994.

Felicia Marcus,

Regional Administrator.

[FR Doc. 94-20804 Filed 8-23-94; 8:45 am]

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