Approval and Promulgation of Implementation Plans, California State Implementation Plan Revision; Sacramento Metropolitan Air Quality Management District, San Diego County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-2-6609; FRL-5119-3]

Approval and Promulgation of Implementation Plans, California

State Implementation Plan Revision; Sacramento Metropolitan Air Quality

Management District, San Diego County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

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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 bakery ovens.

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 January 9, 1995.

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 94105-3901.

Copies of the new rules 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 rules 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.

Sacramento Metropolitan Air Quality Management District, 8411 Jackson

Road, Sacramento, CA 95826.

San Diego County Air Pollution Control District, 9150 Chesapeake Drive,

San Diego, CA 92123-1096.

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 94105-3901, (415)

744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being proposed for approval into the California SIP

include: Sacramento Metropolitan Air Quality Management District

(SMAQMD) Rule 458, Large Commercial Bread Bakeries and San Diego County

Air Pollution Control District (SDCAPCD) Rule 67.24, Bakery Ovens.

These rules were submitted by the California Air Resources Board to EPA

on July 13, 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 CAA or pre-amended Act), that included the Sacramento

Metropolitan and San Diego County areas. 43 FR 8964; 40 CFR 81.305.

Because 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.

40 CFR 52.222. 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 amended section 182(b)(2)(C) of the CAA, Congress statutorily

required nonattainment areas to submit reasonably available control

technology (RACT) rules for all major sources of VOCs by November 15,

1992 (the RACT catch-up requirement).

SMAQMD and SDCAPCD are classified as serious and severe

respectively;1 therefore, these areas were subject to the RACT

catch-up requirement and the November 15, 1992 deadline.2

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\1\The SMAQMD and the SDCAPCD retained their designations of

nonattainment and were 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).

\2\California did not make the required SIP submittals by

November 15, 1992. On January 15, 1993, the EPA made a finding of

failure to make a submittal pursuant to section 179 (a)(1), which

started an 18-month sanction clock. The rules being acted on in this

NPRM were submitted in response to the EPA finding of failure to

submit. EPA's affirmative determination that a complete submittal

had been made stopped the sanctions clock.

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The State of California submitted many revised RACT rules for

incorporation into its SIP on July 13, 1994, including the rules being

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

action for SMAQMD Rule 458, Large Commercial Bakeries and SDCAPCD Rule

67.24, Bakery Ovens. SMAQMD and SDCAPCD adopted Rule 458 and 67.24,

respectively, on June 7, 1994. These submitted rules were found to be

complete on July 22, 1994 pursuant to EPA's completeness criteria that

are set forth in 40 CFR Part 51 Appendix V3 and are being proposed

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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SMAQMD Rule 458 and SDCAPCD Rule 67.24 control VOC emissions from

bakery ovens. 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 section 182(b)(2)(C). The following is EPA's evaluation

and proposed action for these 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 various EPA policy

guidance documents.4 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.

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\4\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 guideline (CTGs).

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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

``catch-up'' their RACT rules. See section 182(b)(2)(C). For some

source categories, such as bakeries, EPA did not publish a CTG. In such

cases, the District may determine what controls are required by

reviewing the operation of facilities subject to the regulation and

evaluating regulations for similar sources in other areas. Bakery

sources have been subject to a RACT regulation since 1989 in the Bay

Area Air Quality Management District. EPA did publish an Alternative

Control Technology Document (ACT) entitled, ``Alternative Control

Technology Document for Bakery Oven Emissions'', EPA 453/R-92-017,

December 1992 as guidance for this source category. Further

interpretations of EPA policy are found in the Blue Book, referred to

in footnote 4. 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 Rule 458, Large Commercial Bakeries, and SDCAPCD Rule

67.24, Bakery Ovens, are new rules which were adopted to control VOC

emissions from large commercial bakeries by establishing emissions

reduction standards, recordkeeping requirements, and test methods for

demonstration of compliance with the rule. Detailed evaluation of Rule

458, Large Commercial Bakeries, and Rule 67.24, Bakery Ovens, can be

found in the Technical Support Documents (TSD) dated July 28, 1994.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, SMAQMD, Rule 458, Large Commercial Bakeries and SDCAPCD,

Rule 67.24, Bakery Ovens, 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 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).

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 recordkeeping

requirements, Volatile organic compound.

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

Dated: November 30, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-30211 Filed 12-7-94; 8:45 am]

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