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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-13-0027a; FRL 5688-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast Air Quality Management

District and Yolo-Solano 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 revisions to the

California State Implementation Plan. The revisions concern rules from

the South Coast Air Quality Management District (SCAQMD) and Yolo-

Solano Air Quality Management District (YSAQMD). 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 revised

rules control VOC emissions from wastewater separators and

pharmaceutical manufacturing operations. 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 25, 1997 unless adverse or

critical comments are received by March 26, 1997. 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 [Air-4], Air 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 92123-1095.

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

Diamond Bar, CA 91765-4182.

Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite

103, Davis, CA 95616.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section

[Air-4], Air 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: South

Coast Air Quality Management District (SCAQMD) Rule 464, Wastewater

Separators, and Yolo-Solano Air Quality Management District (YSAQMD)

Rule 2.35, Pharmaceutical Manufacturing Operations. These rules were

submitted by the California Air Resources Board to EPA on May 13, 1991

and November 30, 1994, 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 Yolo-Solano County

Area and the Los-Angeles-South Coast Air Basin (LA 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

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.

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 Yolo-Solano County Area is classified as

serious; the portion of Solano County in the Sacramento Metropolitan

Area is classified as

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serious; the portion of Solano County in the San Francisco-Bay Area is

classified as moderate.2 The LA Basin is classified as

extreme;3 therefore, these areas were 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\ Yolo County, the portion of Solano County in the Sacramento

Metropolitan Area, and the portion of Solano County in the San

Francisco-Bay Area retained their designations and were 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).

\3\ The LA Basin has 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, 1991 and November 30, 1994,

including the rules being acted on in this document. This document

addresses EPA's direct-final action for YSAQMD Rule 2.35,

Pharmaceutical Manufacturing Operations and SCAQMD Rule 464, Wastewater

Separators. YSAQMD adopted Rule 2.35 on September 14, 1994; and SCAQMD

adopted Rule 464 on December 7, 1990. These submitted rules were found

to be complete on July 10, 1991 and January 30, 1995, pursuant to EPA's

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

4 and is being finalized for approval into the SIP.

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\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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YSAQMD Rule 2.35 controls VOC emissions from the manufacture of

pharmaceutical and cosmetic products or devices; and SCAQMD Rule 464

controls VOC emissions from wastewater treatment equipment used to

separate petroleum-driven compounds from wastewater, which includes

separator basins, skimmers, grit chambers, and sludge hoppers. VOCs

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

Rule 2.35 and SCAQMD Rule 464 were originally adopted as part of each

district'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 CTGs

applicable to these rules are entitled, ``Control of Refinery Vacuum

Producing Systems, Wastewater Separators, and Process Unit

Turnarounds,'' EPA-450/2-77-025; and ``Control of Volatile Organic

Emissions from Manufacture of Synthesized Pharmaceutical Products,''

EPA-450/2-78-029. 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.

YSAQMD's submitted Rule 2.35, Pharmaceutical Manufacturing

Operations, is a new rule and includes:

Specific emissions standards and control methods for

equipment, maintenance and repair, and surface preparation and cleanup

solvents;

A compliance schedule for existing source modifications;

Exemptions for small facilities and sources subject to

other district rules;

Extensive monitoring and recordkeeping requirements for

small-users, organic compound processing, emission control equipment,

and solvent waste/residue disposal.

SCAQMD Rule 464, Wastewater Separators, includes the following

significant changes from the current SIP:

The definition of wastewater separator was added to the

rule;

The equivalency provision in section (b)(1)(C) was deleted

at the request of EPA because it allowed the Executive Director to

approve the use of other equipment of equivalent effectiveness as a

solid cover and/or a floating pontoon or double-deck type cover without

EPA's concurrence;

The effective dates were deleted because they were

outdated.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, YSAQMD Rule 2.35, Pharmaceutical Manufacturing Operations

and SCAQMD Rule 464, Wastewater Separators, 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 revisions

should adverse or critical comments be filed. This action will be

effective April 25, 1997, unless, by March 26, 1997, 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 25, 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 these rules 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

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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 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, Assistant Administrator for

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

exempted this regulatory action from Executive Order 12866 review.

Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedures Act

(APA) as amended 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) of the

APA as amended.

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: February 3, 1997.

Felicia Marcus,

Regional Administrator.

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)(184)

(i)(B)(6) and (c)(207)(i)(C)(5) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(184) * * *

(i) * * *

(B) * * *

(6) Rule 464, adopted on December 7, 1990.

* * * * *

(207) * * *

(i) * * *

(C) * * *

(5) Rule 2.35, adopted on September 14, 1994.

* * * * *

[FR Doc. 97-4421 Filed 2-21-97; 8:45 am]

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