Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Mojave Desert Air Quality Management District and Ventura County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-10-7281a; FRL-5422-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Mojave Desert Air Quality

Management District and Ventura County 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. The revisions concern rules from

the Mojave Desert Air Quality Management District (MDAQMD) and the

Ventura County Air

[[Page 7707]]

Pollution Control District (VCAPCD). This approval action will

incorporate these rules into the federally approved SIP. 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). The rules control

VOC emissions from asphalt roofing operation, semiconductor

manufacturing operations, and glycol dehydrators. 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 29, 1996 unless adverse or

critical comments are received by April 1, 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

each 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,

S.W., Washington, D.C. 20460

California Air Resources Board, Stationary Source Division, Rule

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

Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite

200, Victorville, CA 92392

Ventura County Air Pollution Control District, 669 County Square Drive,

Ventura, CA 93003

FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, 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) 744-1188.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the California SIP include: MDAQMD

Rule 471, Asphalt Roofing Operations; VCAPCD Rule 74.28, Asphalt

Roofing Operations; VCAPCD Rule 74.21, Semiconductor Manufacturing;

VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule 71, Crude Oil and

Reactive Organic Compound Liquids. The California Air Resources Board

submitted these rules to EPA on December 22, 1994; November 18, 1993;

July 13, 1994; and February 24, 1995 (Rules 71 and 71.5) respectively.

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 Southeast Desert

Modified AQMA Area 1 and the Ventura County 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

districts' portions of the California SIP were 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.

\1\ Portions of MDAQMD lie within the Southeast Desert Modified

AQMA Area.

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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.2 EPA's SIP-Call used that

guidance to indicate the necessary corrections for specific

nonattainment areas. The Southeast Desert Modified AQMA Area is

classified as Severe-17, and the Ventura County Area is classified as

Severe-15 3; therefore, these areas were subject to the RACT fix-

up requirement and the May 15, 1991 deadline.

\2\ 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).

\3\ Southeast Desert Modified AQMA Area and Ventura County Area

retained their designations of nonattainment and were 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 December 22, 1994; November 18, 1993;

July 13, 1994; and February 24, 1995, including the rules being acted

on in this notice. This notice addresses EPA's direct-final action for

MDAQMD Rule 471, Asphalt Roofing Operations; VCAPCD Rule 74.28, Asphalt

Roofing Operations; VCAPCD Rule 74.21, Semiconductor Manufacturing;

VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule 71, Crude Oil and

Reactive Organic Liquids. The MDAQMD adopted Rule 471 on December 21,

1994. The VCAPCD adopted Rule 74.28 on May 10, 1994; Rule 74.21 on

April 6, 1993; and Rules 71.5 and 71 on December 13, 1994. These

submitted rules were found to be complete on January 3, 1995; September

12, 1994; December 23, 1993; and March 10, 1995 pursuant to EPA's

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

4 and are being finalized for approval into the SIP.

\4\ 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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The submitted rules control VOC emissions from the operation of

roofing kettles, the manufacture of semiconductors, and the use of

glycol dehydrators. VOCs contribute to the production of ground level

ozone and smog. The rules were adopted as part of each district'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

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 listed in footnote 2. 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.

[[Page 7708]]

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). There is no CTG

applicable to any of the rules being considered in this notice. For

source categories that do not have an applicable CTG (such as asphalt

roofing operations, semiconductor manufacturing, or glycol

dehydrators), state and local agencies may determine what controls are

required by reviewing the operation of facilities subject to the

regulation and evaluating regulations for similar sources in other

areas. Further interpretations of EPA policy are found in the Blue

Book, referred to in footnote 2. In general, these guidance documents

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

strengthen or maintain the SIP.

MDAQMD's revised Rule 471, Asphalt Roofing Operations, includes the

following significant changes from the current SIP version:

Added definitions for eight (8) rule-specific terms.

Deleted requirement that vapors emitted from roofing

kettles be incinerated, filtered, or processed.

Added requirement that roofing kettles be equipped with

close fitting lids.

Added temperature limits for material in kettles.

Added procedures for roofing kettle draining operations.

Added requirement for kettle vents.

Specified method to determine compliance with the

temperature limits.

VCAPCD Rule 74.28, Asphalt Roofing Operations, is a new rule that

requires the following:

Close fitting lids for roofing kettles.

Temperature limits for material in kettles.

Procedures for roofing kettle draining operations.

VCAPCD Rule 74.21, Semiconductor Manufacturing, is a new rule that

requires the following:

Freeboard ratio for solvent cleaning station reservoirs

and sinks.

The use of low VOC solvents outside solvent cleaning

stations.

Solvent cleaning methods.

Two-year recordkeeping.

VCAPCD Rule 71.5, Glycol Dehydrators, is a new rule that requires

the following:

The use of VOC control system on glycol regenerator vents.

Two-year recordkeeping.

Glycol dehydrator vent and vapor disposal system testing

methods.

VCAPCD Rule 71, Crude Oil and Reactive Organic Compound Liquids,

was revised to include new definitions needed to enforce Rule 71.5.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, MDAQMD Rule 471, Asphalt Roofing Operations; VCAPCD Rule

74.28, Asphalt Roofing Operations; VCAPCD Rule 74.21, Semiconductor

Manufacturing; VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule

71, Crude Oil and Reactive Organic Compound Liquids, are 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 April 29, 1996, unless, by April 1, 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 29, 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. Secs. 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 a 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. EPA, 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 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 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,

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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: January 30, 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(c) is amended by adding paragraphs

(194)(i)(A)(4), (198)(i)(J), (210)(i)(C)(2), and (215)(i)(B)(2) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(194) * * *

(i) * * *

(A) * * *

(4) Rule 74.21, adopted on April 6, 1993.

* * * * *

(198) * * *

(i) * * *

(J) Ventura County Air Pollution Control District.

(1) Rule 74.28, adopted on May 10, 1994.

* * * * *

(210) * * *

(i) * * *

(C) * * *

(2) Rule 471, adopted on December 21, 1994.

* * * * *

(215) * * *

(i) * * *

(B) * * *

(2) Rule 71 and Rule 71.5, adopted on December 13, 1994.

* * * * *

[FR Doc. 96-4570 Filed 2-28-96; 8:45 am]

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