Approval and Promulgation of Implementation Plans California State Implementation Plan Revision

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 57-9-6292; FRL-4858-9]

Approval and Promulgation of Implementation Plans California

State Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing limited approvals and limited disapprovals

of revisions to the California State Implementation Plan (SIP) proposed

in the Federal Register on September 29, 1993. This final action will

incorporate these rules into the federally approved SIP. The intended

effect of finalizing this action 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 rules

control VOC emissions from metal container, closure, and coil coating,

from wood products coating, and from graphic arts operations. EPA is

finalizing a simultaneous limited approval and limited disapproval

under CAA provisions regarding EPA action on SIP submittals and general

rulemaking authority because these revisions, while strengthening the

SIP, also do not fully meet the requirements for non-attainment areas.

As a result of this limited disapproval EPA will be required to impose

highway funding or emission offset sanctions under the CAA unless the

State submits and EPA approves corrections to the identified

deficiencies within 18 months of the effective date of this

disapproval. Moreover, EPA will be required to promulgate a Federal

implementation plan (FIP) unless the deficiencies are corrected within

24 months of the effective date of this disapproval.

EFFECTIVE DATE: This final rule is effective on May 16, 1994.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for

each rule are available for public inspection at EPA's Region 9 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 95812.

South Coast Air Quality Management District, 21865 East Copley

Drive, Diamond Bar, CA 91765-4182.

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 September 29, 1993 at 58 FR 50884, EPA proposed granting limited

approval and limited disapproval of the following SCAQMD rules into the

California SIP: Rule 1125, Metal Container, Closure, and Coil Coating

Operations; Rule 1136, Wood Products Coatings; and Rule 1130, Graphic

Arts. Rule 1125 and Rule 1136 were adopted by SCAQMD on August 2, 1991

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

May 13, 1993. Rule 1130 was adopted by SCAQMD on March 6, 1992 and

submitted by CARB on September 14, 1992. These rules were 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 each of the above rules and

nonattainment areas is provided in the notice of proposed rulemaking

(NPR) cited above.

EPA has evaluated all of the above rules for consistency with the

requirements of the CAA and EPA regulations and EPA's interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the NPR. EPA is finalizing the limited approval

of these rules in order to strengthen the SIP and finalizing the

limited disapproval requiring the correction of the remaining

deficiencies. These deficiencies are related to recordkeeping

requirements, test method references, Executive Officer discretion,

control device equivalency, VOC limits, and rule applicability. A

detailed discussion of the rule provisions and evaluations has been

provided in the NPR and in technical support documents (TSDs) available

at EPA's Region IX office (TSDs for SCAQMD's Rule 1125, Rule 1136, and

Rule 1130 dated April 30, 1993 and July 21, 1993).

Response to Public Comments

A 30-day public comment period was provided at 58 FR 50884. EPA

received no comment letters on the NPR.

EPA Action

EPA is finalizing a limited approval and a limited disapproval of

the above-referenced rules. The limited approval of these rules is

being finalized under section 110(k)(3) in light of EPA's authority

pursuant to section 301(a) to adopt regulations necessary to further

air quality by strengthening the SIP. The approval is limited in the

sense that the rules strengthen the SIP. However, the rules do not meet

the section 182(a)(2)(A) CAA requirement because of the rule

deficiencies which were discussed in the NPR. Thus, in order to

strengthen the SIP, EPA is granting limited approval of these rules

under sections 110(k)(3) and 301(a) of the CAA. This action approves

the rules into the SIP as federally enforceable rules.

At the same time, EPA is finalizing the limited disapproval of

these rules because they contain deficiencies that have not been

corrected as required by section 182(a)(2)(A) of the CAA, and, as such,

the rules do not fully meet the requirements of part D of the Act. As

stated in the NPR, upon the effective date of this final rule, the 18

month clock for sanctions and the 24 month FIP clock will begin.

Sections 179(a) and 110(c). If the State does not submit the required

corrections and EPA does not approve the submittal within 18 months of

the final rule, either the highway sanction or the offset sanction will

be imposed at the 18 month mark. It should be noted that the rules

covered by this final rule have been adopted by the SCAQMD and are

currently in effect in the Los Angeles-South Coast Air Basin. EPA's

limited disapproval action in this final rule does not prevent SCAQMD

or EPA from enforcing these rules.

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). A revision to the SIP processing

review tables was approved by the Acting Assistant Administrator for

the Office of Air and Radiation on October 4, 1993 (memorandum from

Michael H. Shapiro, to the Regional Administrators). 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 13, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

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 25, 1994.

David P. Howekamp,

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 paragraphs (c)(189)(i)(A)(4)

and (193)(i)(A)(2) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(189) * * *

(i) * * *

(A) * * *

(4) Rules 1125 and 1136, adopted on August 2, 1991.

* * * * *

(193) * * *

(i) * * *

(A) * * *

(2) Rule 1130 adopted on March 6, 1992.

* * * * *

[FR Doc. 94-8963 Filed 4-13-94; 8:45 am]

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