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 22-2-6004; FRL-4817-4]

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: Final rule.

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SUMMARY: EPA is finalizing the approval of a revision to the California

State Implementation Plan (SIP) proposed in the Federal Register on May

18, 1993. The revision concerns a rule from the following District: San

Joaquin Valley Unified Air Pollution Control District (SJVUAPCD). This

approval action will incorporate this rule into the federally approved

SIP. The intended effect of approving this rule is to regulate the

emission of volatile organic compounds (VOCs) in accordance with the

requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).

The revised rule controls VOC emissions from non-assembly line motor

vehicle and mobile equipment refinishing operations. Thus, EPA is

finalizing the approval of this revision 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.

EFFECTIVE DATE: This action is effective on March 10, 1994.

ADDRESSES: Copies of the rule revision and EPA's evaluation report for

the rule are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rule revision are

available for inspection at the following locations:

Rulemaking Section I (A-5-4), 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 95814.

San Joaquin Valley Unified Air Pollution Control District, 1745

West Shaw, Suite 104, Fresno, CA 93711.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section

II (A-5-3), Air and Toxics Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105,

Telephone: (415) 744-1195.

SUPPLEMENTARY INFORMATION:

Background

On May 18, 1993 in 58 FR 28944, EPA proposed to approve the

following rule into the California SIP: SJVUAPCD's Rule 460.2, Motor

Vehicle and Mobile Equipment Refinishing Operations. Rule 460.2 was

adopted by SJVUAPCD on September 19, 1991. The rule was submitted by

the California Air Resources Board (CARB) to EPA on January 28, 1992.

This rule was submitted in response to EPA's 1988 SIP-Call and the

CAA section 182(a)(2)(A) requirement that nonattainment areas fix their

deficient reasonably available control technology (RACT) rules for

ozone in accordance with EPA guidance that interpreted the requirements

of the pre-amendment Act. A detailed discussion of the background for

the above rule and nonattainment area is provided in the notice of

proposed rulemaking (NPR) cited above.

EPA has evaluated the above rule for consistency with the

requirements of the CAA and EPA regulations and EPA interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the NPR cited above. EPA has found that the

rule meets the applicable EPA requirements. A detailed discussion of

the rule provision and evaluation has been provided in 58 FR 28944 and

in the technical support document (TSD) available at EPA's Region IX

office(Rule 460.2-TSD dated December 23, 1992).

Response to Public Comments

On March 22, 1993, EPA published a direct-final rulemaking notice

in the Federal Register approving SJVUAPCD Rule 460.2, and one comment

was received from the Flexible Packaging Association (FPA). Because of

that comment, EPA published a withdrawal of the direct-final notice on

May 18, 1993 and on the same day proposed approval of Rule 460.2

providing a 30-day public comment period (58 FR 28944)

The comment from the FPA has been evaluated by EPA and a summary of

the comment and EPA's response is set forth below.

Comment: The FPA commented that they believe capture efficiency

(CE) test protocols which require the use of a temporary total

enclosure (TTE) are excessively expensive and not technically

justified, compared to ``nonenclosed mass balance tests''. FPA is

currently running side by side comparison testing in cooperation with

EPA. FPA believes that a requirement to use the TTE method prior to an

evaluation of this testing is premature.

Response: EPA's interim policy on the implementation of CE

protocols is to refrain from listing the lack of a CE test protocol as

a rule deficiency while EPA develops and reviews possible alternatives

to CE test protocols which use a TTE. However, EPA has continued to

encourage states and local agencies to reference CE test protocols in

their regulations where appropriate and to use EPA's recommended method

for measuring CE where noncompliance is suspected. State and local

agencies are free to include CE test protocol requirements in their

regulations.

EPA Action

EPA is finalizing action to approve the above rule for inclusion

into the California SIP. EPA is approving the submittal under section

110(k)(3) as meeting the requirements of section 110(a) and part D of

the CAA. This approval action will incorporate this rule into the

federally approved SIP. The intended effect of approving this rule is

to regulate emissions of VOCs in accordance with the requirements of

the CAA.

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

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). EPA has submitted a request for a

permanent waiver for Table 2 and Table 3 SIP revisions. OMB has agreed

to continue the temporary waiver until such time as it rules on EPA's

request.

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by [Insert date 60 days from the date of

publication]. Filing a petition for reconsideration by the

Administrator of this final rule does not affect the finality of this

rule for the purposes of judicial review nor does it extend the time

within which a petition for judicial review may be filed and shall not

postpone the effectiveness of such rule or action. This action may not

be challenged later in proceedings to enforce its requirements. (See

section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

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: December 9, 1993.

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 paragraph (c) (187)(i)(A)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(187) * * *

(i) * * *

(A) * * *

(2) Rule 460.2 adopted on September 19, 1991.

* * * * *

[FR Doc. 94-2660 Filed 2-7-94; 8:45 am]

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