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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-46-3-6054; FRL-4825-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Sacramento Metropolitan Air Quality

Management District; Santa Barbara County Air Pollution Control

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing to approve revisions to the California State

Implementation Plan (SIP) adopted by the Sacramento Metropolitan Air

Quality Management District (SMAQMD) on February 23, 1993, and by the

Santa Barbara County Air Pollution Control District (SBCAPCD) on

December 10, 1991. The California Air Resources Board (CARB) submitted

these revisions to EPA on April 6, 1993, and June 19, 1992,

respectively. The revisions concern SMAQMD's Rule 454, Degreasing

Operations, and SBCAPCD's Rule 331, Fugitive Emissions Inspection and

Maintenance. SMAQMD's Rule 454 controls volatile organic compound (VOC)

emissions from metal parts cleaning procedures, while SBCAPCD's Rule

331 controls VOC emissions from equipment leaks at sources such as

petroleum refineries. The intended effect of proposing approval of

these rules is to regulate emissions of VOCs in accordance with

therequirements of the Clean Air Act, as amended in 1990 (CAA or the

Act). EPA's final action on this notice of proposed rulemaking (NPR)

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 February 11, 1994.

ADDRESSES: Comments may be mailed to: Daniel A. Meer, Chief, Rulemaking

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

Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.

Copies of the rule revisions 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 rule revisions

are also available for inspection at the following locations:

California Air Resources Board, Stationary Source Division, 2020 L.

Street, Sacramento, CA 95814.

Sacramento Metropolitan Air Quality Management District, 8411

Jackson Road, Sacramento, CA 95826.

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive, B-23, Goleta, CA 93117.

FOR FURTHER INFORMATION CONTACT: William Davis, Rulemaking Section (A-

5-3), Air and Toxics Division, U.S. Environmental Protection Agency,

Region 9, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:

(415) 744-1183.

SUPPLEMENTARY INFORMATION:

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 Metro Area

and Santa Barbara County. 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

52.238. 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(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-amendmentguidance.1 EPA's SIP-Call used that

guidance to indicate the necessary corrections for specific

nonattainment areas. The Sacramento Metro Area is classified as serious

and Santa Barbara County is classified as moderate2; therefore,

these areas were 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 and Santa Barbara County 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).

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On June 22, 1991, EPA, Region 9, notified the State of California

that EPA had not received by the May 15, 1991 deadline all required VOC

rule corrections under section 182(a)(2)(A) of the CAA. The finding

letter identified six districts in California, including SMAQMD and

SBCAPCD, that had failed to submit required rule corrections. The

official finding notice was published in the Federal Register on

October 22, 1991 (56 FR 54554). SMAQMD's Rule 454 and SBCAPCD's Rule

331 were listed in that finding notice. As a result, both SMAQMD and

SBCAPCD had 18 months to submit the rules to EPA before a sanction

under section 179(a) of the Act would be imposed.

The State of California submitted many revised RACT rules for

incorporation into its SIP on April 6, 1993 and June 19, 1992,

including the rules being acted on in this document. This document

addresses EPA's proposed action for SMAQMD's Rule 454, Degreasing

Operations, and SBCAPCD's Rule 331, Fugitive Emissions Inspection and

Maintenance. SMAQMD's submitted Rule 454 and SBCAPCD's Rule 331 were

found to be complete on April 28, 1993 and August 27, 1992,

respectively, pursuant to EPA's completeness criteria that are set

forth in 40 CFR part 51, appendix V3, and both rules are being

proposed for approval into the SIP. The State's complete submittal of

SMAQMD's Rule 454 and SBCAPCD's Rule 331 satisfies the deficiency for

which the finding of nonsubmittal, dated October 22, 1991, was made and

stopped the sanction clock.

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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's Rule 454 controls VOC emissions from equipment used to

clean (degrease) metal parts, while SBCAPCD's Rule 331 controls leaks

of VOCs from equipment used in petroleum refining and associated

operations. 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 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's 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 SMAQMD's Rule 454 is entitled, ``Control of Volatile

Organic Emissions from Solvent Metal Cleaning,'' EPA-450/2-77-022. The

CTG applicable to SBCAPCD's Rule 331 is entitled, ``Control of Volatile

Organic Compound Leaks from Petroleum Refinery Equipment,'' EPA-450/2-

78-036. 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.

SMAQMD's submitted Rule 454, Degreasing Operations, includes the

following significant changes from the current SIP:

1. The definition section has been expanded by 13 terms, which

helps to clarify the rule and makes it easier to enforce.

2. The applicability of the rule to solvents is now based on the

initial boiling point rather than on solvent vapor pressure.

3. Control Officer discretion for the use of unspecified control

equipment has been deleted.

4. The overall (capture and control) efficiency of control

equipment has been set at not less than 85%.

5. Records for solvent usage amounts and for maintenance are now

required, making the rule more enforceable.

6. Test methods for determining compliance, not identified in the

existing SIP rule, are now specified.

SBCAPCD's submitted Rule 331, Fugitive Emissions Inspection and

Maintenance, includes the following significant changes from the

current SIP:

1. The definition section has been expanded by 28 terms, which

helps to clarify the rule and makes it easier to enforce.

2. The rule now requires replacement of components that require

five or more repairs in one year.

3. The rule now specifies that major leaks (as defined in the rule)

be fixed within 5 calendar days, minor leaks within 15 days, and liquid

leaks within 24 hours. Also, the leaking component must be tightened

(minimized) within one hour of discovery of the leak.

4. Recordkeeping requirements have been expanded to include not

only tags on equipment, but diagrams of component location, inspection

logs, and maintenance records.

5. The rule has been significantly strengthened by the

identification of test methods to use to determine compliance.

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 454, Degreasing Operations, and SBCAPCD's Rule

331, Fugitive Emissions Inspection and Maintenance, 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).

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). On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions

(54 FR 2222) from the requirements of section 3 of Executive Order

12291 for a period of two years. EPA has submitted a request for a

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

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

This request continues in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

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

Dated: December 30, 1993.

Felicia Marcus,

Regional Administrator.

[FR Doc. 94-761 Filed 1-11-94; 8:45 am]

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