Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Monterey Bay Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-9-7222a; FRL-5399-1]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Monterey Bay Unified Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the

California State Implementation Plan (SIP). The revisions concern rules

from the Monterey Bay Unified Air Pollution Control District (MBUAPCD).

This approval action will incorporate two rules into the federally

approved SIP and remove one rule from the SIP. The revised rules

control VOC emissions from oil water separators, and the use of

architectural coatings. The rule to be removed controls emissions from

rubber tire manufacturing.

The intended effect of approving these rules 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).

In addition, the final action on this rule serves as a final

determination that the finding of nonsubmittal for these two rules has

been corrected and that on the effective date of this action, any

Federal Implementation Plan (FIP) clock is stopped. Thus, EPA is

finalizing the approval of these revisions 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 April 9, 1996 unless adverse or

critical comments are received by March 11, 1996. If the effective date

is delayed, a timely notice will be published in the Federal Register.

ADDRESSES: Copies of the rules and EPA's evaluation report for each

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

during normal business hours. Copies of the submitted rules 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.

Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud

Court, Monterey, CA 93940.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the California SIP include: MBUAPCD

420, Effluent Oil Water Separators; and MBUAPCD 426, Architectural

Coatings. The rule being removed from the SIP is MBUAPCD Rule 428,

Manufacture of Rubber Tires. These rules were submitted by the

California Air Resources Board to EPA on November 18, 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 l977

(1977 Act or pre-amended Act), that included the Monterey Bay Area. 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

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. Public Law 101-549, 104

Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended section

182(b)(2) of the CAA, Congress statutorily required nonattainment areas

to submit reasonably available control technology (RACT) rules for

specific VOC sources by November 15, 1992 (the RACT ``catchup''

requirement).

At the time of enactment of the CAA amendments, the Monterey Bay

Area was classified as moderate 1; therefore, this area was

subject to the RACT catch-up requirement and the November 15, 1992

deadline.2

\1\ Monterey Bay Area 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 55 FR 56694

(November 6, 1991).

\2\ California did not make the required SIP submittal by

November 15, 1992. On June 8, 1993, the EPA made a finding of

failure to make a submittal pursuant to section 179(a)(1) which

started an 18-month sanction clock. Two of the rules being acted on

in this direct final rule were submitted in response to the EPA

finding of failure to submit.

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The State of California submitted many revised RACT rules for

incorporation into its SIP on November 18, 1993, including two of the

rules being acted on in this notice. This notice addresses EPA's

direct-final action for MBUAPCD Rule 420, Effluent Oil Water

Separators; and Rule 426, Architectural Coatings. These submitted rules

were found to be complete on December 27, 1993 pursuant to EPA's

completeness criteria that are set forth in 40 CFR part 51 appendix V

3 and are being finalized for approval into the SIP. This notice

also addresses the State of California's request that Rule 428,

[[Page 4891]]

Manufacture of Rubber Tires, be removed from 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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Rule 420 controls emissions from oil water separators at oil fields

and petroleum refineries; Rule 426 limits the emissions of VOCs

resulting from the use of architectural coatings; and rescinded Rule

428 controls emissions from the manufacture of rubber tires. VOCs

contribute to the production of ground level ozone and smog. These

rules were originally adopted as part of MBUAPCD's effort to achieve

the National Ambient Air Quality Standard (NAAQS) for ozone and in

response to section 182(b)(a). The following is EPA's evaluation and

final action for these rules.

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.4 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.

\4\ 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).

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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

``catch-up'' their RACT rules. See section 182(b)(2). The CTG

applicable to Rule 420 is entitled, ``Control of Refinery Vacuum

Producing Systems, Wastewater Separators, and Process Unit

Turnarounds,'' EPA-450/2-77-025. Rule 426 has no applicable CTG, but

was evaluated for consistency with the State of California's

``Suggested Control Measure for Architectural Coatings,'' July 1989.

Further interpretations of EPA policy are found in the Blue Book,

referred to in footnote 4. In general, these guidance documents have

been set forth to ensure that VOC rules are fully enforceable and

strengthen or maintain the SIP.

MBUAPCD's submitted Rule 420, Effluent Oil Water Separators,

includes the following significant changes from the current SIP:

Test methods were added to determine compliance;

Recordkeeping requirements were added; and

Air Pollution Control Officer discretion for alternative

control measures was deleted from the rule.

MBUAPCD' submitted Rule 426, Architectural Coatings, includes the

following significant changes from the current SIP:

Clearly defines the purpose and applicability of the rule;

Expresses VOC content limitations in ``grams of VOC per

liter of coating, excluding any water, exempt organic compounds, and

colorant added to tint bases'';

Reduces the VOC content limit for non-flat coatings;

Removes small business exemption;

Adds, updates, and clarifies definitions; and

Specifies test methods to be used for determining

compliance.

MBUAPCD's Rule 428, Manufacture of Rubber Tires, was submitted to

be removed from the SIP. This was a source-specific rule since no other

such facilities existed at the time the rule was adopted. This facility

has since shut down. No emission reductions are achieved or claimed

from the control of rubber tire manufacturing within MBUAPCD's ozone

attainment plan. The removal of Rule 428 meets the requirements of

EPA's policy and removes an extraneous rule that serves no purpose.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, MBUAPCD Rule 420, Effluent Oil Water Separators and MBUAPCD

Rule 426, Architectural Coatings, are being approved under section

110(k)(3) of the CAA as meeting the requirements of section 110(a) and

part D. Furthermore, EPA is removing applicable Rule 428 consistent

with the requirements of sections 110(l) and 193.

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 April 9, 1996, unless, by March 11, 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 received, the public is

advised that this action will be effective April 9, 1996.

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(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).

[[Page 4892]]

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 rules 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 direct 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.

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 action from review under Executive Order 12866.

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: December 10, 1995.

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]

Subpart F--California

1. The authority citation for Part 52 continues to read as follows:

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

2. Section 52.220 is amended by adding paragraphs (c)(194)(i)(F)

(3) and (4) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(194) * * *

(i) * * *

(F) * * *

(3) Rule 420 and Rule 426, adopted on August 25, 1993.

(4) Previously submitted to EPA on February 6, 1975 and approved in

the Federal Register on July 13, 1987 and now removed without

replacement, Rule 428.

[FR Doc. 96-2820 Filed 2-8-96; 8:45 am]

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