Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 144-3-6972a; FRL-5194-1]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

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

Implementation Plan (SIP) which concern the control of volatile organic

compound (VOC) emissions from semiconductor manufacturing.

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 notice of proposed rulemaking (NPRM) 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 May 22, 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 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:

Environmental Protection Agency, Air Docket 6102, ANR 443, 401 ``M''

Street, S.W., Washington 20460.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, CA 91765-4182.

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. Telephone: (415) 744-

1199.

SUPPLEMENTARY INFORMATION:

Applicability

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

South Coast Air Quality Management District (SCAQMD) Rule 1164--

Semiconductor Manufacturing. This rule was submitted by the California

Air Resources Board (CARB) to EPA on February 24, 1995.

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 Los Angeles-South

Coast Air Basin Area (South Coast 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 pre-amended 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.

Pub. L. 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 [[Page 19702]] areas. The South Coast Area has been

designated as extreme2; therefore, this area was subject to the

RACT fix-up requirement and the May 15, 1991 deadline.

\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 South Coast Area 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 many revised RACT rules for

incorporation into its SIP on February 24, 1995, including the rule

being acted on in this document. This document addresses EPA's proposed

action for SCAQMD Rule 1164. SCAQMD adopted Rule 1164 on January 13,

1995. This submitted rule was found to be complete on March 10, 1995

pursuant to EPA's completeness criteria that are set forth in 40 CFR

part 51 Appendix V3 and are being proposed for approval into the

SIP.

\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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SCAQMD Rule 1164 controls the VOC emissions during the operations

of semiconductor manufacturing. VOCs contribute to the production of

ground-level ozone and smog. This rule was adopted as part of the

SCAQMD'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 this rule.

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). EPA has not yet

developed a CTG to outline control requirements for the semiconductor

manufacturing source category. Therefore, interpretations of EPA policy

are found in the Blue Book, referred to in footnote 1, and the Region

IX/CARB document entitled, Guidance Document for Correcting VOC Rule

Deficiencies. In general, these guidance documents have been set forth

to ensure that VOC rules are fully enforceable and strengthen or

maintain the SIP.

SCAQMD Rule 1164--Semiconductor Manufacturing includes the

following significant changes from the current SIP:

Section (b)(1) includes an appropriate definition for

approved emission control system which requires the system to have an

overall efficiency of at least 90 percent.

Section (b)(14) includes an equation to determine VOC

composite partial pressure.

Other definitions were added or altered for clarity.

Sections (e)(1) and (e)(2) list the test methods for

determining VOC content of any VOC-containing materials or vapors.

These methods include EPA Test Method 24, SCAQMD Method 303, SCAQMD

Method 304, SCAQMD Method 308.

Section (e)(3) includes test methods for determining the

efficiency of the emission control systems. These methods include the

EPA method cited in 55 Federal Register 26865, EPA Test Methods 25,

25A, 18, ARB 422, or SCAQMD Method 25.1.

Section (e)(4) ensures that a violation of any requirement

of this rule established by any one of the specified test methods shall

constitute a violation of the rule when more than one test method is

specified for any testing.

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

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

SCAQMD Rule 1164 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: April 11, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95-9709 Filed 4-19-95; 8:45 am]

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