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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-6-6691a; FRL-5118-8]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Placer County Air Pollution

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. The revisions concern a rule from

the Placer County Air Pollution Control District (PCAPCD). This

approval action will incorporate the rule into the federally approved

SIP.

The intended effect of approving this rule 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 this rule serves as a final

determination that the finding of nonsubmittal for this rule has been

corrected and that on the effective date of this action, any Federal

Implementation Plan (FIP) clock is stopped. 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 final rule is effective on February 13, 1995,

unless adverse or critical comments are received by January 13, 1995.

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

the 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 94105-3901.

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.

Placer County Air Pollution Control District, 11464 B Avenue,

Auburn, CA 95603.

FOR FURTHER INFORMATION CONTACT: Duane F. James, 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) 744-1191.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being approved into the California SIP is PCAPCD's Rule

230, ``Plastic Products and Materials--Paper Treating Operations.''

This rule was 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 Act or pre-amended Act), that included the Placer County 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)(H) 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(b)(2)(C) of the CAA, Congress

statutorily required nonattainment areas to submit reasonably available

control technology (RACT) rules for all major stationary sources of

VOCs by November 15, 1992 (the RACT catch-up requirement).

The Placer County area is classified as serious;1 therefore,

this area was subject to the RACT catch-up requirement and the November

15, 1992 deadline.2

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\1\Placer County 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).

\2\California did not make the required SIP submittal 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 rule being acted on in this

NFRM was submitted in response to the EPA finding of failure to

submit.

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The State of California submitted many revised RACT rules for

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

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

action for PCAPCD's Rule 230, ``Plastic Products and Materials--Paper

Treating Operations.'' PCAPCD adopted Rule 230 on June 28, 1994. This

submitted rule was 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 is 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 230 controls VOC emissions from paper treating operations at

the Formica Corporation's Sierra plant, located in Sunset Whitney

Ranch, California. VOCs contribute to the production of ground level

ozone and smog. This rule was adopted as part of PCAPCD's effort to

achieve the National Ambient Air Quality Standard (NAAQS) for ozone and

in response to section 182(b)(2)(C). A similar rule was proposed by EPA

on February 14, 1994 (59 FR 23263-23605, May 5, 1994) as part of an

ozone attainment Federal Implementation Plan (FIP)4 with final

promulgation set for February 14, 1995. By taking final action on Rule

230, EPA does not anticipate the need to finalize action on the

comparable rule proposed in the ozone attainment FIP since both rules

achieve equivalent emission reductions. The following is EPA's

evaluation and final action for Rule 230.

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\4\ The ozone attainment FIP is a court ordered requirement,

which applies to the Sacramento, Ventura, and South Coast ozone

nonattainment areas in California.

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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.5 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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\5\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

techniques 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). For some

categories, such as paper treating operations, EPA did not publish a

CTG. In such cases, the state and local agencies 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. Therefore, the PCAPCD must determine the VOC control

measures that are reasonable and available for Formica based on its

operations. Further interpretations of EPA policy are found in the Blue

Book, referred to in footnote 5. In general, these guidance documents

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

strengthen or maintain the SIP.

PCAPCD's Rule 230, ``Plastic Products and Materials--Paper Treating

Operations'' requires that phenolic and melamine resins used in paper

treating operations at Formica not exceed 1.75 and 0.1 pounds of VOC

per gallon, less water and exempt compounds, respectively. The VOC

content of resins is determined by EPA Method 24. Alternatively, non-

compliant resins may be used provided that emission control systems

with overall efficiencies (capture and control) of 85% are installed.

Capture efficiency is determined by the EPA protocol in 40 CFR

52.741(a)(4)(iii), and control efficiency is determined by EPA Method

25 or 25A. Final compliance with Rule 230 is required by February 1,

1995. A more detailed discussion of the source controlled, the controls

required, and the justification for why these controls represent RACT

can be found in the Technical Support Document (TSD) for Rule 230,

dated September 29, 1994.

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

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

PCAPCD's Rule 230, ``Plastic Products and Materials--Paper Treating

Operations'' is being approved under section 110(k)(3) of the CAA as

meeting the requirements of section 110(a) and part D. Therefore, if

this direct final action is not withdrawn, on February 13, 1995, any

FIP clock associated with the finding of failure to submit is stopped.

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.

EPA is publishing this notice 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 February 13, 1995, unless by January 13, 1995, 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 notice 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 February 13, 1995.

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 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,

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: December 1, 1994.

Nora L. McGee,

Acting 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)(198)(i)(B) to

read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(198) * * *

(i) * * *

(B) Placer County Air Pollution Control District

(1) Rule 230, adopted on June 28, 1994.

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[FR Doc. 94-30510 Filed 12-13-94; 8:45 am]

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