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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 125-1-6804a; FRL-5119-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, 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 a revision to the California State

Implementation Plan (SIP). The revision concerns the control of

volatile organic compound (VOC) emissions from metal parts and products

coating operations.

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 NPRM will incorporate this rule into the federally approved

SIP. In addition, final action on this rule will serve as a final

determination that deficiencies in the rule identified by EPA in a

limited approval/limited disapproval action on May 13, 1993 have been

corrected and that any sanctions or Federal Implementation Plan (FIP)

obligations are permanently stopped. An Interim Final Determination

published in today's Federal Register will defer the imposition of

sanctions until EPA takes final rulemaking action. EPA has evaluated

this rule and is proposing to approve it pursuant to the 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 rule revision and EPA's evaluation report of the rule

are available for public inspection at EPA's Region 9 office during

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

available for inspection at the following locations:

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 95814.

San Diego County Air Pollution Control District, 9150 Chesapeake

Drive, San Diego, CA 92123-1095.

FOR FURTHER INFORMATION CONTACT: Helen Liu, 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) 744-1199.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being proposed for approval into the California SIP is San

Diego County Air Pollution Control District (APCD) Rule 67.3, Metal

Parts and Products Coating Operations. This rule was submitted by the

California Air Resources Board to EPA on November 23, 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 San Diego County. 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)(H)

of the pre-amended Act, that San Diego County'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. San Diego is currently classified as

a severe ozone nonattainment area;\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\San Diego County retained its designation of 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 San Diego County APCD Rule 67.3,

Metal Parts and Products Coating Operations, for incorporation into its

SIP on November 23, 1994. This document addresses EPA's proposed action

for Rule 67.3, which the district adopted on November 1, 1994. The

submitted rule was found to be complete on December 1, 1994 pursuant to

EPA's completeness criteria that are set forth in 40 CFR part 51,

appendix V\3\ and is 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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Rule 67.3 controls VOC emissions from operations that involve the

coating of miscellaneous metal parts and products. VOCs contribute to

the production of ground-level ozone and smog. The rule was adopted as

part of the 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)(2)(A) CAA requirement. 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 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). The CTG

applicable to this rule is entitled, ``Control of Volatile Organic

Emissions from Existing Stationary Sources - Volume VI: Surface Coating

of Miscellaneous Metal Parts and Products'' [EPA-450/2-78-015]. Further

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

in footnote 1. In general, these guidance documents have been set forth

to ensure that VOC rules are fully enforceable and strengthen or

maintain the SIP. On May 13, 1993 [58 FR 28357], EPA gave a limited

approval/limited disapproval to an earlier version of San Diego County

APCD Rule 67.3. The latest version of Rule 67.3, adopted on November 1,

1994, includes the following significant changes from the current SIP

rule:

The applicability of this rule to certain coatings has

been clarified.

A variety of recordkeeping requirements have been added.

Exemptions have been added for certain coatings.\4\

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\4\EPA has determined that emissions resulting from the

exemptions do not represent a significant difference from the

allowable emissions under the applicable CTG standards and that they

fall within the ``5% Rule'' in the Blue Book. The ``5% Rule'' allows

states to depart from a CTG standard upon a demonstration that the

departure results in ``no significant difference'' in emissions

(i.e. less than 5% from the CTG allowable). EPA has further

determined that this change will not interfere with any applicable

requirement concerning attainment and reasonable further progress

(as defined in section 7501 of the Act), or any other applicable

requirement of the Act pursuant to section 110(1).

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Definitions have been added or adjusted to clarify the

rule.

Future effective dates for pretreatment wash primer and

high performance architectural coatings were removed, and CTG standards

for these two coatings are now included with other specialty coatings.

The usage requirements for VOC-containing materials for

surface preparation or cleanup were clarified.

The Air Pollution Control Officer's discretion to approve

an alternative recordkeeping plan has been removed.

Many new test methods have been added to the rule.

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

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

San Diego County APCD Rule 67.3, Metal Parts and Products Coating

Operations, 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).

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: December 1, 1994.

Nora L. McGee,

Acting Regional Administrator.

[FR Doc. 94-30328 Filed 12-8-94; 8:45 am]

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