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Approval and Promulgation of State Implementation Plans; California State Implementation Plan Revision, Santa Barbara County, Ventura County, Monterey Bay Unified, and Placer County Air Pollution Control Districts; and Yolo-Solano Air Quality Management District
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[Federal Register: February 12, 1996 (Volume 61, Number 29)] [Rules and Regulations] [Page 5288-5291] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [CA 33-3-7130a; FRL-5339-7] Approval and Promulgation of State Implementation Plans; California State Implementation Plan Revision, Santa Barbara County, Ventura County, Monterey Bay Unified, and Placer County Air Pollution Control Districts; and Yolo-Solano Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.
SUMMARY: EPA is taking direct final action on revisions to the California State Implementation Plan (SIP). The revisions concern rules from the following districts: Santa Barbara County Air Pollution Control District (SBCAPCD), Ventura County Air Pollution Control District (VCAPCD), Monterey Bay Unified Air Pollution Control District (MBUAPCD), Yolo-Solano Air Quality Management District (YSAQMD), and Placer County Air Pollution Control District (PCAPCD). 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). In addition, the final action on three of these rules, MBUAPCD's Rule 416, 433, and 434, serves as a final determination that the finding of nonsubmittal for the rules has been corrected and that on the effective date of this action, any Federal Implementation Plan (FIP) clock is stopped. The revised rules control VOC emissions from operations involving the following: the coating or assembly of aircraft or aerospace vehicle parts and products, the use of organic solvents and organic solvent cleaners, the coating of miscellaneous metal parts and products, the application of adhesives, and the coating of flat wood paneling. 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 12, 1996, unless adverse or critical comments are received by March 13, 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 92123-1095. Placer County Air Pollution Control District, 11464 B Avenue, Auburn, CA 95603.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud Court, Monterey, CA 93940.
Santa Barbara County Air Pollution Control District, 26 Castilian Drive B-23, Goleta, CA 93117.
Ventura County Air Pollution Control District, 669 County Square Drive, Ventura, CA 93003.
Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 103, Davis, CA 95616. 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 rules being approved into the California SIP include: SBCAPCD Rule 337--Surface Coating of Aircraft or Aerospace Vehicle Parts and Products, VCAPCD Rule 74.13--Aerospace Assembly and Component Manufacturing Operations, MBUAPCD Rule 416--Organic Solvents, MBUAPCD Rule 433--Organic Solvent Cleaning, MBUAPCD Rule 434--Coating of Metal Parts and Products, YSAQMD Rule 2.25--Metal Parts and Products Coating Operations, YSAQMD Rule 2.33--Adhesives Operations, PCAPCD Rule 238-- Factory Coating of Flat Wood Paneling. 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 Santa Barbara, Ventura County, Monterey Bay, and Sacramento Metro areas. 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. Public Law 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. In amended section 182(b)(2) of the CAA, Congress also statutorily required nonattainment areas to submit RACT rules for all VOC sources covered by any control technique guideline (CTG) by November 15, 1992 (the RACT ``catch-up'' requirement).
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.<SUP>1 EPA's SIP-Call used that guidance to indicate the necessary corrections for specific nonattainment areas. The Santa Barbara Area and the Monterey Bay Area are classified as moderate, the Ventura County Area and the Sacramento Metro Area are classified as severe; <SUP>2 therefore, these [[Page 5289]]
areas were subject to the RACT fix-up requirement and the May 15, 1991 deadline. These areas were also subject to RACT catch-up requirement and the November 15, 1992 deadline.<SUP>3 \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 Santa Barbara, Ventura County, Monterey Bay, and Sacramento Metro areas retain their designation 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). The Sacramento Metro Area was reclassified from serious to severe [60 FR 20237] April 25, 1995. \3\ California did not make the required SIP submittal to Monterey 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. Three rules from Monterey Bay being acted on in this direct final rule were submitted in response to the EPA finding of failure to submit.
The State of California submitted many revised RACT rules for incorporation into its SIP. The following table includes the dates of when the districts adopted the rules, the dates that CARB submitted them to EPA, and the dates that they were found to be complete pursuant to EPA's completeness criteria that are set forth in 40 CFR part 51, appendix V: <SUP>4 \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).
Rule Adoption Submittal Completeness