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 57-8-6368a; FRL-5640-8]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on a revision to the

California State Implementation Plan. The revision concerns a rule from

the South Coast Air Quality Management District (SCAQMD). 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 solvent degreasing 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.

DATES: This action is effective on January 3, 1997, unless adverse or

critical comments are received by December 4, 1996. 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

this rule are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rule revisions

are also 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

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

Diamond Bar, CA 91765-4182

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3),

Air

[[Page 56628]]

and Toxics Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-

1200.

SUPPLEMENTARY INFORMATION:

Applicability

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

1122, Solvent Degreasers. This rule was submitted by the California Air

Resources Board (CARB) to EPA on May 13, 1993.

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 South Coast Air Basin.

43 FR 8964, 40 CFR 81.305. On May 26, 1988, EPA notified the Governor

of California, pursuant to section 110(a)(2)(H) of the 1977 Act, that

the SCAQMD'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 areas. The South Coast Air Basin is classified as

extreme; 2 therefore, this area was 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 South Coast Air Basin 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 56 FR 56694 (November 6, 1991).

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The State of California submitted many revised RACT rules for

incorporation into its SIP on May 13, 1993, including the rule being

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

action for SCAQMD's Rule 1122, Solvent Degreasers. SCAQMD adopted Rule

1122 on April 5, 1991. This submitted rule was found to be complete on

July 19, 1993 pursuant to EPA's completeness criteria that are set

forth in 40 CFR part 51, Appendix V 3 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 1122 controls the emissions of VOCs from degreasing (cleaning)

operations. VOCs contribute to the production of ground level ozone and

smog. This rule was originally adopted as part of SCAQMD's effort 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 final action for

this rule.

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 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 this rule is entitled, Control of Volatile Organic

Emissions from Solvent Metal Cleaning; EPA-450/2-77-022 dated November

1977. 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.

SCAQMD's submitted Rule 1122, Solvent Degreasers includes the

following significant changes from the current SIP:

The definitions section has been expanded to include new

terms,

Requirements are separated for various degreaser types and

general requirements are now specified,

Standards for carbon adsorption systems have been added,

The freeboard ratio for large degreasers has been raised

from 0.75 to 1.0, and

Compliance test methods and record keeping provisions have

been added.

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

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

SCAQMD's Rule 1122, Solvent Degreasers, is being approved 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 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 document 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 January 3, 1997 unless, by December 4, 1996, 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 document 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

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received, the public is advised that this action will be effective

January 3, 1997.

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).

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Part D of the Clean Air

Act. These rules may bind State, local, and tribal governments to

perform certain actions and also require the private sector to perform

certain duties. The rule being approved by this action will impose no

new requirements because affected sources are already subject to these

regulations under State law. Therefore, no additional costs to State,

local, or tribal governments or to the private sector result from this

action. EPA has also determined that this final action does not include

a mandate that may result in estimated costs of $100 million or more to

State, local, or tribal governments in the aggregate or to the private

sector.

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

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: October 17, 1996.

Felicia Marcus,

Regional Administrator.

Subpart F of 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) (193)

(i)(A)(3) to read as follows:

Sec. 52.220 Identification of Plan.

* * * * *

(c) * * *

(193) * * *

(i) * * *

(A) * * *

(3) Rule 1122, adopted on April 5, 1991.

* * * * *

[FR Doc. 96-28061 Filed 11-1-96; 8:45 am]

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