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

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.

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(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.

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[FR Doc. 94-20914 Filed 8-24-94; 8:45 am]

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