Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Sacramento Metropolitan Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-46-4-6192; FRL-4853-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Sacramento Metropolitan Air Quality

Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is finalizing the approval of revisions to the California

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

October 4, 1993. The revisions concern a rule from the Sacramento

Metropolitan Air Quality Management District (SMAQMD). This approval

action will incorporate this 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). The revised

rule controls VOC emissions from aerospace assembly and coating

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 final rule is effective on May 6, 1994.

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.

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.

Sacramento Metropolitan Air Quality Management District,8411

Jackson Road, Sacramento, California 95812.

FOR FURTHER INFORMATION CONTACT: Chris Stamos, 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) 744-1187.

SUPPLEMENTARY INFORMATION:

Background

On October 4, 1993 at 58 FR 51591, EPA proposed to approve SMAQMD

Rule 456, Aerospace Assembly and Component Coating Operations, into the

California SIP. Rule 456 was adopted by SMAQMD on February 23, 1993 and

submitted by the California Air Resources Board (CARB) to EPA on April

6, 1993. 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 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 proposed rule

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 proposed rule cited above. EPA has found

that the rule meets the applicable EPA requirements. A detailed

discussion of the rule provisions and evaluations has been provided at

58 FR 51591 and in a technical support document (TSD) available at

EPA's Region IX office (TSD for SMAQMD Rule 456 dated August 8, 1993).

Response to Public Comments

A 30-day public comment period was provided at 58 FR 51591 and EPA

received no comments on SMAQMD Rule 456.

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.1 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.

---------------------------------------------------------------------------

\1\EPA is scheduled to publish a draft Control Techniques

Guideline (CTG) for aerospace coating operations in July of 1994.

When the CTG is published, EPA will be evaluating rules applicable

to aerospace assembly and coating operations against the CTG

requirements. States will be required to submit revised RACT rules

in accordance with those requirements and the schedule included in

the CTG.

---------------------------------------------------------------------------

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 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 222) from the

requirements of section 3 of Executive Order 12291 for 2 years. The EPA

has submitted a request for a permanent waiver for Table 2 and Table 3

SIP revisions. The 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.

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 June 6, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not effect

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: March 8, 1994.

John Wise,

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) (192) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(192) New and amended regulations for the following APCDs were

submitted on April 6, 1993 by the Governor's designee.

(i) Incorporation by reference.

(A) Sacramento Air Quality Management District.

(1) Rule 456, adopted on February 23, 1993.

* * * * *

[FR Doc. 94-8179 Filed 4-5-94; 8:45 am]

BILLING CODE 6560-50-F