Approval and Promulgation of Implementation Plans; California State Implementation Plan Revisions; San Joaquin Valley Unified Air Pollution Control District, et al.

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-5-6392; FRL-50723]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revisions; San Joaquin Valley Unified Air

Pollution Control District, et al.

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 coasting of metal parts and

products.

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 October 17, 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, Rule

Evaluation Section, 2020 L Street, Sacramento, CA 95814.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, suite 200, Fresno, CA 93721.

Kern County Air Pollution Control District, 2700 M Street, Suite 290,

Bakersfield, CA 93301.

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:

Background

On March 3, 1778, 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): 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 some of 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.\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' 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 amend 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 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 (1991).

\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 (SJVUAPCD) 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 Air Basin portion of Kern

County. Thus, Country Air Pollution Control District (KCAPCD) still

exists, but only has authority over the Southeast Desert Air Basin

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. APCDs found in the San Joaquin Valley Basin (now

collectively known as the SJVUAPCD) are classified as serious;\4\

therefore, these areas were subject to the RACT fix-up requirement and

the May 15, 1991 deadline. KCAPCD was subject to EPA's SIP-Call, but

was not subject to the RACT fix-up requirement and the May 15, 1991

deadline.\5\

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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 retained its designation and

was classified by operation of law pursuant to section 107(d) and

section 181(a) upon the date of enactment of the CAA. See 56 FR

56694 (November 6, 1991).

\5\KCAPCD was not subject to the RACT fix-up requirement and the

May 15, 1991 deadline because the Southeast Desert Air Basin portion

of Kern County was not a pre-enactment nonattainment area, and thus,

was not automatically designated nonattainment on the date of

enactment of the Clean Air Act Amendments of 1990. (See sections

107(d) and 182(a)(2)(A) of the Clean Air Act Amendments of 1990.)

However, the KCAPCD is still subject to the requirements of EPA's

SIP-Call because the SIP-Call included all of Kern County. the

substantive requirements of the SIP-Call are the same as those of

the statutory RACT fix-up requirement.

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The State of California submitted many revised RACT rules for

incorporation into its SIP on May 30, 1991, including the rules being

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

action for SJVUAPCD Rule 4603, Surface Coating of Metal parts and

Products and KCAPCD Rule 410.4, Surface Coating of Metal Parts and

Products. SJVUAPCD adopted Rule 4603 on May 20, 1993 and KCAPCD adopted

Rule 410.4 on July 12, 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 V\6\ and are being

proposed for approval into the SIP.

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\6\EPA adopted 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 (See 56 FR 42216).

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Both rules control the emission of VOCs from the surface coating of

metal parts and products. 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)(20(A) CAA requirement. The following is EPA's evaluation and

proposed action for these two 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 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). The CTG

applicable to Rules 4603 and 410.4 is entitled, Control of Volatile

Organic Emissions from Existing Stationary Sources--Volume VI: Surface

Coating of Miscellaneous Metal Parts and Products., EPA document #

EPA-450/2-78-015. 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.

SJVUAPCD's submitted Rule 4603 will replace the existing surface

coating of metal parts and products rules of the eight APCDs of the

SJVUAPCD and KCAPCD's submitted Rule 410.4 will replace the existing

rule for the southeast desert portion of Kern County. Both rules were

adopted to control emissions from surface coating of metal parts and

products through regulation of VOC content in coatings, storage and

cleanup requirements, and other administrative procedures.

SJVUAPCD Rule 4603 includes the following revisions from the

current SIP rules:

Reduction of VOC limits for specialty coatings to 420

grams per liter for consistency with the CTG;

Revision downward to 15 pounds per day or less (existing

rules allow up to 50 pounds per day) of VOC emissions that a facility

may emit and be exempt from this rule;

Addition of VOC standards for specialty coatings;

Revision of the calculation of grams of VOC per liter of

coating applied and grams of VOC per liter of material to include

subtraction of exempt compounds and water;

Addition of and requirements;

Specification of test methods to be used for compliance

determination;

Addition of surface preparation and cleanup provisions;

Deletion of provision allowing alternative emission

control requirements as approved by the executive officer;

Deletion of transfer efficiency requirement.

KCAPCD Rule 410.4 includes the following revisions from the current

SIP rule:

Revision of several definitions for consistency with EPA

requirements;

Reduction of VOC limits for specialty coatings to 420

grams of VOC per liter of coating;

Labelling requirements have been amended to incorporate

language suggested by EPA;

The language in the and section has been revised to

clarify and requirements and to include and for add-on control

equipment;

The compliance schedule was updated.

EPA has evaluated the two submitted rules and has determined that

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

Therefore, SJVUAPCD Rule 4603 and KCAPCD Rule 410.4 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 further 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 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. Unions Electric Co.

v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

The OMB has exempted this action from review under Executive order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and requirements.

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

Dated: September 6, 1994.

John C. Wise,

Acting Regional Administrator.

[FR Doc. 94-23024 Filed 9-15-94; 8:45 am]

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