[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Rules and Regulations]
[Pages 8171-8173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4421]


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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.<SUP>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.<SUP>2 The LA Basin is classified as 
extreme;<SUP>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 
<SUP>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:
    <bullet> Specific emissions standards and control methods for 
equipment, maintenance and repair, and surface preparation and cleanup 
solvents;
    <bullet> A compliance schedule for existing source modifications;
    <bullet> Exemptions for small facilities and sources subject to 
other district rules;
    <bullet> 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:
    <bullet> The definition of wastewater separator was added to the 
rule;
    <bullet> 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;
    <bullet> 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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