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 79-1-6637a; FRL-5069-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Sacramento Metropolitan 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 Sacramento Metropolitan Air Quality Management District

(SMAQMD). The revised rules control VOC emissions from Architectural

Coatings, Leaks from Synthetic Organic Chemical and Polymer

Manufacturing, Storage of Petroleum Products, Organic Liquid Loading

and Can Coating. 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 November 15, 1994 unless adverse

or critical comments are received by October 17, 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, 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 92123-1095

Sacramento Metropolitan Air Quality Management District, 8475 Jackson

Road, suite 230, Sacramento, CA 95826.

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: SMAQMD's

Rule 442, Architectural Coatings; Rule 443, Leaks from Synthetic

Organic Chemical and Polymer Manufacturing; Rule 446, Storage of

Petroleum Products; Rule 447, Organic Liquid Loadings; and Rule 452,

Can Coating. These rules were submitted by the California Air Resources

Board (CARB) to EPA on March 29, 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 Sacramento Metro Area.

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. 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.

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 necessary corrections for specific

nonattainment areas. The Sacramento Metro Area is classified as

severe;\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 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).

\2\The Sacramento Metro Area 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 March 29, 1994, including the rules being

acted on in this notice. This notice addresses EPA's direct-final

action for SMAQMD's Rule 442, Architectural Coatings; Rule 443, Leaks

from Synthetic Organic Chemical and Polymer Manufacturing; Rule 446,

Storage of Petroleum Products; Rule 447, Organic Liquid Loadings; and

Rule 452, Can Coating. The SMAQMD adopted these rules on November 16,

1993. These submitted rules were found to be complete on June 3, 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 442 controls VOC emissions from all coatings applied to

stationary structures and their appurtenances, to mobile homes, to

pavements, or to curbs; Rule 443 limits emissions of VOCs from leaking

components at chemical plants that manufacture synthetic organic

chemicals and polymers; Rule 446 controls emissions of VOCs from

storage tanks for organic liquids with vapor pressures greater than 1.5

psia under actual storage conditions; Rule 447 controls VOC emissions

at loading facilities of organic liquids; and Rule 452 limits emissions

of VOCs from operations involved in coating of metal containers, coil

and cans. VOCs contribute to the production of ground level ozone and

smog. These rules were originally adopted as part of SMAQMD'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

these rules.

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). Rule 442

controls emissions from a source category for which EPA has not

developed a CTG. This rule was 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. The CTG applicable to Rule 443 is entitled ``Control of

Volatile Organic Compound Leaks from Synthetic Organic Chemical and

Polymer Manufacturing Equipment'', EPA-450/3-83-006; the CTGs

applicable to Rule 446 are entitled ``Control of Volatile Organic

Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks'', EPA-

450/2-77-036 and ``Control of Volatile Organic Emissions from Petroleum

Liquid Storage in External Floating Roof Tanks'', EPA-450/2-78-047; the

CTGs applicable to Rule 447 are entitled ``Control of Hydrocarbons from

Tank Truck Gasoline Loading Terminals'', EPA-450/2-77-026 and ``Control

of Volatile Organic Emissions from Bulk Gasoline Plants'', EPA-450/2-

77-035; and the CTG applicable to Rule 452 is entitled ``Control of

Volatile Organic Emissions from Stationary Sources--Volume II: Surface

Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty

Trucks'', EPA-450/2-77-008. In general, these guidance documents have

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

strengthen or maintain the SIP.

SMAQMD's submitted rules include the following significant changes

from the current SIP:

Rule 442, Architectural Coatings

Removed the Air Pollution Control Officer's (APCO)

discretion in approving alternate test methods,

Added statement that results by any listed test method

showing non-compliance with any provision of the rule shall constitute

a violation of the rule,

Added new category for low solids stains.

Rule 443, Leaks from Synthetic Organic Chemical and Polymer

Manufacturing

Removed the APCO's discretion in approving alternate test

methods,

Added statement that results by any listed test method

showing non-compliance with any provision of the rule shall constitute

a violation of the rule,

Added clear reference to EPA's capture efficiency guidance

in 55 FR 26865, June 29, 1990.

Rule 446, Storage of Petroleum Products

Removed the APCO's discretion in approving alternate test

methods,

Added clear reference to EPA's capture efficiency guidance

in 55 FR 26865, June 29, 1990.

Rule 447, Organic Liquid Loading

Removed the APCO's discretion in approving alternate test

methods,

Added definition of exempt compounds.

Rule 452, Can Coating

Removed APCO's discretion in approving alternate test

methods,

Added statement that results by any listed test method

showing non-compliance with any provision of the rule shall constitute

a violation of the rule,

Added recordkeeping requirement when using an emission

control system.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, SMAQMD's Rule 442, Architectural Coatings; Rule 443, Leaks

from Synthetic Organic Chemical and Polymer Manufacturing; Rule 446,

Storage of Petroleum Products; Rule 447, Organic Liquid Loadings; and

Rule 452, Can Coating 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 November 15, 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 document 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 November 15, 1994, unless, by October 17, 1994, 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 document 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 November 15, 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).

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: August 27, 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 paragraphs (c)(196) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(196) New and amended regulations for the following APCDs were

submitted on March 29, 1994 by the Governor's designee.

(i) Incorporation by reference.

(A) Sacramento Metropolitan Air Quality Management District.

(1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452

adopted on November 16, 1993.

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[FR Doc. 94-23081 Filed 9-14-94; 10:27 am]

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