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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 37-5-6045; FRL-4831-5]

Approval and Promulgation of Implementation Plans;California

State Implementation Plan Revision;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 a revision to the California State

Implementation Plan (SIP) adopted by the San Joaquin Valley Unified Air

Pollution Control District (SJVUAPCD) on December 19, 1991. The

California Air Resources Board submitted this revision to EPA on June

19, 1992. The revision concerns SJVUAPCD Rule 460.6, Wood Products

Coating Operations. This rule will control and reduce volatile organic

compound (VOC) emissions from the application of coatings and surface

preparation of wood products, including furniture, cabinets, and custom

replica furniture. The intended effect of proposing approval of this

rule 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 this rule into the federally approved SIP. EPA has

evaluated SJVUAPCD Rule 460.6 and is proposing to approve it 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 March 2, 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.

A copy of the rule and EPA's evaluation report of the rule are

available for public inspection at EPA's Region IXoffice during normal

business hours. Copies of the submitted rule revision are also

available for inspection at the following locations:

California Air Resources Board, P.O. Box 2815, 2020 L Street,

Sacramento, California 95814.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, Fresno, California 93721.

FOR FURTHER INFORMATION CONTACT: Chris Stamos, Rulemaking Section (A-5-

4), Air and Toxics Division, U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San Francisco, CA 94105 Telephone:

(415) 744-1187.

SUPPLEMENTARY INFORMATION:

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 following eight air

pollution control districts (APCDs) located in the San Joaquin Air

Valley Basin: Fresno County APCD, Kern County APCD,1 Kings County

APCD, Madera County APCD, Merced County APCD, San Joaquin County APCD,

Stanislaus County APCD, and Tulare County APCD. 43 FR 8964, 40 CFR

81.305. Because the eight counties of the San Joaquin Valley Air Basin

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, 1987.2 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' portion

of the California SIP for the eight air pollution control districts of

the San Joaquin Valley Air Basin 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. 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 Southeast Desert Air

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

designated as nonattainment, and the Southeast Desert Air Basin

portion of Kern County was designated as unclassified. See 40 CFR

81.305 (1990).

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

Control District was formed. The SJVUAPCD has authority over the San

Joaquin Valley Air Basin, which includes all of the above eight

counties except for the Southeast Desert portion of Kern County. Thus,

Kern County Air Pollution Control District still exists, but only has

authority over the southeast desert portion of Kern County.

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-amended guidance.3 EPA's SIP-Call used that

guidance to indicate the necessary corrections for specific

nonattainment areas. The San Joaquin Valley Air Basin is classified as

serious;4 therefore, this area was subject to the RACT fix-up

requirement and the May 15, 1991 deadline.

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\3\Among other things, the pre-amended 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).

\4\The San Joaquin Valley Air Basin was 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 June 19, 1992, including the rule being

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

action for SJVUAPCD Rule 460.6, Wood Products Coating Operations.

SJVUAPCD Rule 460.6 was found to be complete on August 27, 1992

pursuant to EPA's completeness criteria that are set forth in 40 CFR

part 51, appendix V5 and is being proposed for approval into the

SIP. In 56 FR 54554, dated October 22, 1991, EPA made a finding under

section 179(a)(1) of the CAA that SJVUAPCD failed to submit a SIP

element as required by section 182(a)(2)(A). As stated in the notice

cited above, the finding of nonsubmittal triggered an 18-month sanction

clock and a 2-year clock for promulgation of a Federal Implementation

Plan (FIP). The State's complete submittal of Rule 460.6 satisfied the

deficiency for which the finding of nonsubmittal was made and EPA's

finding of completeness on August 27, 1992, stopped the sanctions

clock. However, the FIP clock will not stop until EPA takes final

action approving this rule.

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\5\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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SJVUAPCD Rule 460.6 will regulate the emission of VOCs from wood

products coating operations. VOCs contribute to the production of

ground level ozone and smog. Rule 460.6 was adopted as part of

SJVUAPCD'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

proposed action for this rule.

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 3. 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 wood products coating operations, EPA has not

published a CTG.6 Further interpretations of EPA policy are found

in the Blue Book, referred to in footnote 3. In general, these guidance

documents have been set forth to ensure that VOC rules are fully

enforceable and strengthen or maintain the SIP.

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\6\As required by the Clean Air Act Amendments of 1990, EPA will

prepare either a CTG or national rule for the wood furniture coating

industry. It is anticipated that the CTG or national rule will be

issued in 1994.

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SJVUAPCD's submitted Rule 460.6, Wood Products Coating Operations,

includes the following significant changes from the current SIP rule

for Fresno County:7

\7\Of the eight counties in the San Joaquin Valley Air Basin,

only Fresno County had an approved wood products coating operation

regulation in the SIP (Rule 409.7-Wood Furniture and Cabinet

Coatings). For the remaining seven counties in the basin, SJVUAPCD

Rule 460.6 is a new rule.

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(1) Reduction of the regulation exemption level from 1000 gallons

per year to 20 gallons per year;

(2) Requirements to minimize the evaporative loss of solventsfrom

cleanup and surface preparation activities;

(3) Removal of equivalency options to meet the VOC emission

reduction requirements of the rule;

(4) Allowance of emission control equipment with an overall capture

and control efficiency of 85%;

(5) Recordkeeping requirements for VOC containing materials; and

(6) Specification of test methods for use in compliance assessment.

EPA has evaluated the submitted rule and has determined that it is

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

SJVUAPCD Rule 460.6 is 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). On January 6, 1989, the Office of

Management and Budget (OMB) waivedTable 2 and Table 3 SIP revisions (54

FR 2222) from therequirements of section 3 of Executive Order 12291 for

a period of two years. EPA has submitted a request for a permanent

waiver for Table 2 and Table 3 SIP revisions. 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: January 20, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-2094 Filed 1-28-94; 8:45 am]

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