[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Rules and Regulations]
[Pages 15062-15066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7010]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 38-2-6232a; FRL-5171-3]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Bay Area Air Quality Management 
District (BAAQMD)

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 
seventeen rules from the Bay Area Air Quality Management District 
(BAAQMD). 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 a 
number of different source categories. These categories are described 
in the supplementary information section. 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 final rule is effective on May 22, 1995 unless adverse or 
critical comments are received by April 21, 1995. 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.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT: Erik Beck, 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-
1190. Internet E-mail address: Beck.E<a href="/cdn-cgi/l/email-protection#d7a5bebc97b2a7b6bab6bebbf9b2a7b6f9b0b8a1"><span class="__cf_email__" data-cfemail="62100b09220712030f030b0e4c0712034c050d14">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Coating Categories

    This document takes direct final action on seventeen BAAQMD rules. 
These rules cover the following VOC emission categories: general 
cleaning operations; miscellaneous solvent usage; general surface 
coating; gasoline dispensing; graphic arts facilities and paper, 
fabric, and film coating; asphalt use; pharmaceutical and cosmetic 
manufacturing; semiconductor manufacturing; plastic parts coating; 
[[Page 15063]] wood products coating; municipal landfills; 
manufacturing of inks, coatings, and adhesives; aeration of VOC 
contaminated soil; vegetable oil manufacturing; mobile equipment 
coating; and aerosol paint products.

Applicability

    The rules being approved into the California SIP are listed below 
with the date they were adopted by the BAAQMD and the date they were 
submitted to EPA by the California Air Resources Board (CARB).

------------------------------------------------------------------------
    Number                  Title                 Adoption    Submittal 
------------------------------------------------------------------------
8-1..........  General Provisions.............      6/15/94      9/28/94
8-2..........  Miscellaneous Operations.......      6/15/94      9/28/94
8-4..........  General Surface Coating and          6/01/94      9/28/94
                Solvent Operations.                                     
8-7..........  Gasoline Dispensing Facilities.      6/01/64      9/28/94
8-12.........  Paper, Fabric, and Film Coating      6/15/94      9/28/94
8-15.........  Emulsified and Liquid Asphalts.      6/01/94      9/28/94
8-20.........  Graphic Arts Printing and            6/15/94      9/28/94
                Coating Operations.                                     
8-24.........  Pharmaceutical and Cosmetic          6/15/94      9/28/94
                Manufacturing Operations.                               
8-30.........  Semiconductor Manufacturing          6/15/94      9/28/94
                Operations.                                             
8-31.........  Surface Coating of Plastic           6/01/94      9/28/94
                Parts and Products.                                     
8-32.........  Wood Products Coating..........      7/06/94      9/28/94
8-34.........  Solid Waste Disposal Sites.....      6/15/94      9/28/94
8-35.........  Ink, Coating, and Adhesive           6/15/94      9/28/94
                Manufacturing.                                          
8-40.........  Aeration of Contaminated Soil        6/15/94      9/28/94
                and Removal of Underground                              
                Storage Tanks.                                          
8-41.........  Vegetable Oil Manufacturing          6/01/94      9/28/94
                Operations.                                             
8-45.........  Mobile Vehicle and Mobile           11/02/94     12/22/94
                Equipment Coating Operations.                           
8-49.........  Aerosol Paint Products.........      8/21/92      9/14/92
------------------------------------------------------------------------

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 San Francisco Bay 
Area. 43 FR 8964, 40 CFR 81.305. Because this area was unable to meet 
the statutory attainment date of December 31, 1982, California 
requested under section 172(a)(2), and EPA approved, an extension of 
the attainment date to December 31, 1987. (40 CFR 52.222). On May 26, 
1988, EPA notified the Governor of California, pursuant to section 
110(a)(2)(H) of the 1977 Act, that the BAAQMD'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. 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 San Francisco Bay Area is classified as 
moderate;\2\ therefore, this area was subject to the RACT fix-up 
requirement and the May 15, 1991 deadline.

    \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 San Francisco Bay Area was 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).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on September 14, 1992, September 28, 1994, 
and December 22, 1994, including the rules being acted on in this 
document. This document addresses EPA's direct-final action for the 
BAAQMD rules cited above in the applicability section.
    BAAQMD adopted Rule 8-49 on August 21, 1992, and Rules 8-7, 8-15, 
8-31, and 8-41 on June 1, 1994. BAAQMD adopted Rules 8-1, 8-2, 8-12, 8-
20, 8-24, 8-30, 8-34, 8-35, and 8-40 on June 15, 1994. Rule 8-32 was 
adopted on July 6, 1994. Rule 8-45 was adopted on November 2, 1994. 
Each of these rules were found to be complete pursuant to EPA's 
completeness criteria that are set forth in 40 CFR part 51 Appendix 
V.<SUP>3 With the exception of Rule 8-49, which was found complete on 
November 20, 1994, and Rule 8-45, which was found complete on January 
3, 1995, the rules were found complete on November 22, 1994, and all 
are being finalized for approval into 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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    These rules control VOC emissions from coating operations, waste 
disposal, gasoline dispensing, general coating and solvent use, use of 
aerosol spray products, asphalt usage, and the manufacture of 
pharmaceuticals, cosmetics, semiconductors, inks, coatings, and 
vegetable oil. VOCs contribute to the production of ground level ozone 
and smog. These rules were originally adopted as part of BAAQMD'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 
these rules.

EPA Evaluation

    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 [[Page 15064]] 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:
    <bullet> Control of Volatile Organic Emissions from Existing 
Stationary Sources. Volume II: Surface Coating of Cans, Coils, Paper, 
Fabrics, Automobiles, and Light-Duty Trucks. EPA document number EPA-
450/2-77-008.
    <bullet> Control of Volatile Organic Emissions from Existing 
Stationary Sources-- Volume VII: Graphic Arts--Rotogravure and 
Flexography. EPA document number EPA-450/2-78-033.
    <bullet> Control of Volatile Organic Compounds from Use of Cutback 
Asphalt (EPA-450/2-77-037).
    <bullet> 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.

Rule Features and Changes

    The following BAAQMD rules are revisions to rule versions that are 
in the current SIP: 8-1, 8-2, 8-4, 8-7, 8-12, 8-15, 8-20, 8-24, 8-30, 
8-31, 8-32, 8-34, and 8-35. The other BAAQMD rules being approved by 
this document, 8-40, 8-41, 8-45, and 8-49, are new rules for inclusion 
in the SIP.
    BAAQMD submitted Rule 8-1, ``General Provisions,'' includes the 
following significant changes from the current SIP:
    <bullet> Revised the description of the rule;
    <bullet> Removed exemption based on vapor pressure of solvents;
    <bullet> Made extensive changes to the definition section, 
including changes to the definitions of ``volatile organic compound,'' 
and ``organic compound, non-precursor'';
    <bullet> Added a standards section containing a prohibition on 
storing cleanup solvents and materials in open containers;
    <bullet> Added a standards section containing a requirement to 
limit VOC emissions from cleaning spray equipment;
    <bullet> Added test procedures to measure VOC emissions.
    BAAQMD submitted Rule 8-2, ``Miscellaneous Operations,'' includes 
the following significant changes from the current SIP:
    <bullet> Revised section 8-2-601 to allow multiple test methods to 
determine VOC emissions, and to specify that a source shall be in 
violation of the rule if VOC emissions measured by any of the 
referenced test methods exceed the standards of this rule.
    BAAQMD submitted Rule 8-4, ``General Surface Coating and Solvent 
Operations,'' includes the following significant changes from the 
current SIP:
    <bullet> Revised the description of the rule;
    <bullet> Revised the definitions section, including revisions to 
the definition of ``precursor organic compounds'';
    <bullet> Added a standards section containing a prohibition on 
storing cleanup solvents and materials in open containers;
    <bullet> Revised the standards section concerning emission 
limitations;
    <bullet> Revised test procedures to measure VOC emissions;
    <bullet> Added recordkeeping requirements;
    <bullet> Revised exemption for organic diluents;
    <bullet> Removed test method to determine the weight loss of 
polyester resins.
    BAAQMD submitted Rule 8-7, ``Gasoline Dispensing Facilities,'' 
includes the following significant changes from the current SIP:
    <bullet> Definitions for ``vapor tight'' and ``gasoline dispensing 
facility'' have been added;
    <bullet> Several phase I requirements were added, including: 
submerged fill pipe for all phase I vapor recovery systems, pressure-
vacuum relief valves on open vent pipes, leak-free and vapor tight 
equipment, and a poppetted drybreak on the vapor return;
    <bullet> Phase II requirements were added: proper operation 
according to manufacturer specifications and free of defects, repair or 
replacement of defective components, and maintenance of leak-free and 
vapor tight equipment;
    <bullet> Section 309 was added which requires all facilities 
equipped with phase II systems to be equipped with phase I systems;
    <bullet> Section 310 was added which requires all storage tanks 
with a capacity of 260 gallons or more, and installed after March 4, 
1987, to be equipped with phase I and phase II;
    <bullet> Requirements for submerged fill pipes and pressure vacuum 
relief valves were added;
    <bullet> Section 312 was added which prohibits transfer from 
storage tanks to delivery vessels unless a 95% efficient vapor recovery 
systems is used;
    <bullet> Outdated increments of progress and a permit fee waiver 
provision were deleted;
    <bullet> Test method references were added for dynamic backpressure 
requirements, vapor tightness, and phase I vapor recovery efficiency.
    BAAQMD submitted Rule 8-12, ``Paper, Fabric, and Film Coating,'' 
includes the following significant changes from the current SIP:
    <bullet> Revised the description of the rule;
    <bullet> Revised the definitions section, including revisions to 
the definitions of ``volatile organic compounds,'' ``approved emission 
control system,'' and ``key operating system parameter'';
    <bullet> Revised sections regarding control device equivalency 
analysis of samples, and determination of emissions;
    <bullet> Added test procedures to measure VOC emissions from 
control equipment;
    <bullet> Added analytical methods to determine the VOC content of 
coatings;
    <bullet> Revised recordkeeping requirements;
    <bullet> Revised the limitations section to make a distinction 
between compliance with control equipment and compliance with low VOC 
coating;
    <bullet> Revised the exemptions section. These revisions include:
    <bullet> Removing the exemption for equipment cleaning;
    <bullet> Removing the exemption for air-dried coating products;
    <bullet> Removing the exemption for coatings with a VOC content of 
under 265 grams per liter.
    BAAQMD submitted Rule 8-15, ``Emulsified and Liquid Asphalts,'' 
includes the following significant changes from the current SIP:
    <bullet> Added monitoring, recordkeeping, and testing requirements;
    <bullet> Added prohibitions on the manufacture and sale and the 
specification of any emulsified or liquid asphalt prohibited by any 
provision of the rule;
    <bullet> Elimination of the exemptions for penetrating prime coat 
and slow-cure liquid asphalt;
    <bullet> Replacement of the term Cutback Asphalt with the term 
Liquid Asphalt and the elimination of the term Penetrating Prime Coat.
    BAAQMD submitted Rule 8-20, ``Graphic Arts Printing and Coating 
Operations,'' includes the following significant changes from the 
current SIP: [[Page 15065]] 
    <bullet> Revised the small user exemption to reduce the emissions 
permitted under the exemption;
    <bullet> Revised the laboratory operations exemption to reduce the 
emissions permitted under the exemption;
    <bullet> Modified the description of the rule;
    <bullet> Added definitions of lithographic printing, non-heatset 
ink, solvent, key operating parameters, letterpress, fountain solution, 
metallic ink, screen printing, and volatile organic compound;
    <bullet> Modified requirements for the alternative emission control 
plan;
    <bullet> Revised emission reduction requirements for publication 
and packaging gravure and flexographic printing;
    <bullet> Added emission requirements for letterpress, lithography, 
and screen printing;
    <bullet> Revised the test method section to include EPA test 
methods and protocols;
    <bullet> Added requirement to keep records of coating, ink, and 
solvent usage;
    <bullet> Added requirement to monitor and record key parameters of 
the abatement equipment.
    BAAQMD submitted Rule 8-24, ``Pharmaceutical and Cosmetic 
Manufacturing Operations,'' includes the following significant changes 
from the current SIP:
    <bullet> Defines Approved Emission Control System;
    <bullet> Defines Key System Operating Parameter;
    <bullet> Eliminates APCO discretion for control devices;
    <bullet> Adds recordkeeping requirements for air pollution 
abatement equipment;
    <bullet> Includes language referencing EPA Test Methods 25 and 25A.
    BAAQMD submitted Rule 8-30, ``Semiconductor Manufacturing 
Operations,'' includes the following significant changes from the 
current SIP:
    <bullet> Deleted the Alternative Emissions Control Plan;
    <bullet> Deleted equivalent emission control systems section;
    <bullet> Deleted reference to storage tank requirements of Rule 8-
5;
    <bullet> Revised test method section to include EPA Methods.
    BAAQMD submitted Rule 8-31, ``Surface Coating of Plastic Parts and 
Products,'' includes the following significant changes from the current 
SIP:
    <bullet> Includes polyester resin (fiberglass) products;
    <bullet> Redefines low usage coatings;
    <bullet> Exempts coating operations employing hand-held aerosol 
cans, and makes reference that such coating is now subject to the 
provisions of new Rule 8-49;
    <bullet> Deletes reference to effective dates that have passed;
    <bullet> Clarifies definition of metallic topcoat;
    <bullet> Clarifies definition of extreme performance coating;
    <bullet> Adds definition of key operating parameters of an emission 
control system;
    <bullet> Adds new section 8-31-309 proposing VOC limits for 
specialty coatings, including camouflage, conductive, metallic topcoat, 
extreme performance and high gloss coatings.
    <bullet> Adds requirements for handling surface preparation and 
cleanup solvents;
    <bullet> Adds requirements for recordkeeping of key system 
operating parameters of emission control systems;
    <bullet> Allows multiple test methods to determine VOC emissions, 
and specifies that the source shall be in violation of the rule if VOC 
emissions measured by any of the referenced test methods exceeds the 
standards of this rule.
    BAAQMD submitted Rule 8-32, ``Wood Products Coatings,'' includes 
the following significant changes from the current SIP:
    <bullet> Expands the applicability of the rule to the coating of 
all wood products;
    <bullet> Sets technology forcing volatile organic compound (VOC) 
content standards effective in 1992, 1995 and 1997;
    <bullet> Regulates the emissions of all volatile organic compounds, 
and will not exempt 1,1,1 trichloroethane and the other organic 
compounds deemed non-photochemically reactive by EPA;
    <bullet> Requires a progress report from any facility with 
emissions greater than 5 tons per year showing the results of product 
trials of coating products compliant with the VOC standards effective 
on July 1, 1995;
    <bullet> Provides recordkeeping requirements and improves clarity;
    <bullet> Changed section 602 to allow multiple test methods to 
determine VOC emissions, and to specify that a source shall be in 
violation of the rule if VOC emissions measured by any of the 
referenced test methods exceeds the standards of this rule.
    BAAQMD submitted Rule 8-34, ``Solid Waste Disposal Sites,'' 
includes the following significant changes from the current SIP:
    <bullet> Revised exemption criteria;
    <bullet> Revised definitions of landfill and solid waste disposal 
site;
    <bullet> Added definitions of emission control system;
    <bullet> Added definition of organic compound;
    <bullet> Revised gas collection requirements;
    <bullet> Added surface testing requirement;
    <bullet> Added recordkeeping requirements;
    <bullet> Revised test methods and established inspection 
procedures.
    BAAQMD submitted Rule 8-35, ``Ink, Coating, and Adhesive 
Manufacturing,'' includes the following significant changes from the 
current SIP:
    <bullet> Revised exemption criteria;
    <bullet> Added definition of key operating parameter;
    <bullet> Revised definition of ink manufacturer;
    <bullet> Added equipment cleaning requirements;
    <bullet> Added definition of volatile organic compound;
    <bullet> Revised recordkeeping requirements;
    <bullet> Added definition of collection efficiency;
    <bullet> Revised test methods to include EPA test methods.
    BAAQMD submitted Rule 8-40, ``Aeration of Contaminated Soil and 
Removal of Underground Storage Tanks,'' is a new rule that contains the 
following significant features to control VOC emissions:
    <bullet> Establishes what volume of soil can be aerated per day 
before emission controls are required;
    <bullet> Establishes work practices to be used when removing or 
replacing an underground storage tank;
    <bullet> Requires that sources notify the BAAQMD Air Pollution 
Control Officer before soil is excavated or aerated, or before 
underground storage tanks are removed;
    <bullet> Requires periodic soil sampling;
    <bullet> Specifies test methods to analyze the organic content of 
soil and to determine VOC emissions.
    BAAQMD submitted Rule 8-41, ``Vegetable Oil Manufacturing 
Operations,'' is a new rule that contains the following significant 
features to control VOC emissions:
    <bullet> Requires use of emission control equipment;
    <bullet> Requires leak inspection and repair;
    <bullet> Requires recordkeeping of leaks and operating parameters 
of the emission control equipment;
    <bullet> Specifies test methods to be used in order to detect leaks 
and measure emissions from abatement equipment.
    BAAQMD submitted Rule 8-45, ``Motor Vehicle and Mobile Equipment 
Coating Operations,'' is a new rule that contains the following 
significant features to control VOC emissions:
    <bullet> VOC content limits for coatings;
    <bullet> Use of Abatement devices;
    <bullet> Transfer efficiency requirements;
    <bullet> Surface preparation work standards and VOC content limits 
for solvents;
    <bullet> Records of coating use and control device operating 
parameters; [[Page 15066]] 
    <bullet> Test methods to determine VOC content of coatings and VOC 
emissions from control devices.
    BAAQMD submitted Rule 8-49, ``Aerosol Paint Products,'' is a new 
rule that contains the following significant features to control VOC 
emissions:
    <bullet> Limits VOC content of aerosol coating products;
    <bullet> Requires that labels stating VOC content be affixed to the 
aerosol paint container;
    <bullet> Requires records of coating sales to be kept;
    <bullet> Specifies test methods to be used in order to determine 
VOC content of aerosol coatings.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, the following BAAQMD rules are being approved under section 
110(k)(3) of the CAA as meeting the requirements of section 110(a) and 
part D:
    Rules 8-1, General Provisions; 8-2, Miscellaneous Operations; 8-4, 
General Surface Coating and Solvent Operations; 8-7, Gasoline 
Dispensing Facilities; 8-12, Paper, Fabric, and Film Coating; 8-15 
Emulsified and Liquid Asphalts; 8-20, Graphic Arts Printing and Coating 
Operations; 8-24, Pharmaceutical and Cosmetic Manufacturing Operations; 
8-30, Semiconductor Manufacturing Operations; 8-31, Surface Coating of 
Plastic Parts and Products; 8-32, Wood Products Coating; 8-34, Solid 
Waste Disposal Sites; 8-35, Ink, Coating, and Adhesive Manufacturing; 
8-40, Aeration of Contaminated Soil and Removal of Underground Storage 
Tanks; 8-41, Vegetable Oil Manufacturing Operations; 8-45, Mobile 
Vehicle and Mobile Equipment Coating Operations; and 8-49, Aerosol 
Paint Products.

EPA Action

    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 notice 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 May 22, 1995, unless, by April 21, 1995, 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 May 22, 1995.

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 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. E.P.A., 427 U.S. 246, 256-66 (S. 
Ct. 1976); 42 U.S.C. 7410 (a)(2).
    The 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: March 3, 1995.
David P. Howekamp,
Acting 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 is amended by adding paragraphs (c)(189)(i)(C), 
(199)(i)(A)(6), and (210) and by adding and reserving paragraph 
(c)(209) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (189) * * *
    (i) * * *
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-49, adopted on August 21, 1992.
* * * * *
    (199) * * *
    (i) * * *
    (A) * * *
    (6) Rules 8-4, 8-7, 8-15, 8-31, and 8-41 adopted on June 1, 1994. 
Rules 8-1, 8-2, 8-12, 8-20, 8-24, 8-30, 8-34, 8-35, and 8-40 adopted on 
June 15, 1994. Rule 8-32 adopted on July 6, 1994.
* * * * *
    (209) [Reserved]
    (210) New and amended regulations for the following APCDs were 
submitted on December 22, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 8-45, adopted on November 2, 1994.

[FR Doc. 95-7010 Filed 3-21-95; 8:45 am]
BILLING CODE 6560-50-P

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