15062 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations

EPA has evaluated all of the above PROGRAM elements for consistency with the requirements of the CAA and

the EPA policy guidance document. EPA has found that the PROGRAM

elements meet the applicable EPA

requirements. A detailed discussion of

the PROGRAM elements and

evaluations has been provided in the May 31, 1994 Federal Register NPR (59 FR 28036).

II. Response to Public Comments A 30-day public comment period was provided in the May 31, 1994 Federal Register NPR. EPA received one

comment from the Southern California Gas Company (Gas Company). The Gas Company commented that governmental assistance and education programs

should present factual and objective

information on fuels and fuel use

characteristics without encouraging the

selection of a particular fuel or

technology. Since the PROGRAM does not advocate the use of any particular

fuel but rather serves to provide small businesses with technical assistance and

regulatory information necessary to

comply with the CAA, EPA did not find

this comment to be in conflict with the SIP revision. Thus this comment does not effect the EPA’s proposal to approve

the PROGRAM.

III. Final Action

EPA is approving the SIP revisions

submitted by the State of California. The

revisions were made to satisfy the

requirements of Section 507 of the CAA. The OMB has exempted this action

from review under Executive Order 12866. 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. By this action, EPA is approving a State program created for the purpose of assisting small businesses in complying with existing statutory and regulatory

requirements. The program being

approved today does not impose any new regulatory burden on small businesses; it is a program under which

small businesses may elect to take

advantage of assistance provided by the

state. Therefore, because the EPA’s approval of this program does not

impose any new regulatory

requirements on small businesses, I certify that it does not have a significant economic impact on any small entities affected. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by

reference, Small business assistance program. 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 24, 1995. Felicia Marcus, Regional Administrator. 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 paragraph (c)(200) to read as

follows: § 52.220 Identification of plan. * * * * *

(c) * * *

(200) Program elements were

submitted on November 13, 1992 by the Governor’s designee. (i) Incorporation by reference. (A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on October 15, 1992. * * * * *

[FR Doc. 95–7006 Filed 3–21–95; 8:45 am] BILLING CODE 6560–50–P

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. 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.Erik@epamail.epa.gov. 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;
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15063

1Among 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). 2The 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).

3EPA 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).

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 thedate 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 Solvent Operations ................................................................................... 6/01/94 9/28/94

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 Coating Operations ......................................................................................... 6/15/94 9/28/94

8–24 ......... Pharmaceutical and Cosmetic Manufacturing Operations ....................................................................... 6/15/94 9/28/94

8–30 ......... Semiconductor Manufacturing Operations ................................................................................................ 6/15/94 9/28/94

8–31 ......... Surface Coating of Plastic Parts and Products ........................................................................................ 6/01/94 9/28/94

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 Manufacturing ............................................................................................... 6/15/94 9/28/94

8–40 ......... Aeration of Contaminated Soil and Removal of Underground Storage Tanks ........................................ 6/15/94 9/28/94

8–41 ......... Vegetable Oil Manufacturing Operations .................................................................................................. 6/01/94 9/28/94

8–45 ......... Mobile Vehicle and Mobile Equipment Coating Operations ..................................................................... 11/02/94 12/22/94

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. 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.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. 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
15064 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations

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: • 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. • Control of Volatile Organic Emissions from Existing Stationary Sources— Volume VII: Graphic Arts—

Rotogravure and Flexography. EPA

document number EPA–450/2–78–033. • Control of Volatile Organic Compounds from Use of Cutback Asphalt (EPA–450/2–77–037). • 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: • Revised the description of the rule; • Removed exemption based on vapor pressure of solvents; • Made extensive changes to the definition section, including changes to

the definitions of ‘‘volatile organic

compound,’’ and ‘‘organic compound, non-precursor’’;

• Added a standards section

containing a prohibition on storing

cleanup solvents and materials in open

containers; • Added a standards section

containing a requirement to limit VOC

emissions from cleaning spray

equipment; • Added test procedures to measure VOC emissions. BAAQMD submitted Rule 8–2,

‘‘Miscellaneous Operations,’’ includes

the following significant changes from

the current SIP: • 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: • Revised the description of the rule; • Revised the definitions section, including revisions to the definition of

‘‘precursor organic compounds’’; • Added a standards section

containing a prohibition on storing

cleanup solvents and materials in open

containers; • Revised the standards section

concerning emission limitations; • Revised test procedures to measure VOC emissions; • Added recordkeeping requirements; • Revised exemption for organic diluents; • 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: • Definitions for ‘‘vapor tight’’ and

‘‘gasoline dispensing facility’’ have been

added; • 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; • 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; • Section 309 was added which

requires all facilities equipped with

phase II systems to be equipped with

phase I systems; • 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; • Requirements for submerged fill pipes and pressure vacuum relief valves were added; • Section 312 was added which

prohibits transfer from storage tanks to delivery vessels unless a 95% efficient vapor recovery systems is used; • Outdated increments of progress and a permit fee waiver provision were deleted; • 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: • Revised the description of the rule; • Revised the definitions section, including revisions to the definitions of

‘‘volatile organic compounds,’’

‘‘approved emission control system,’’ and ‘‘key operating system parameter’’; • Revised sections regarding control device equivalency analysis of samples, and determination of emissions; • Added test procedures to measure VOC emissions from control equipment; • Added analytical methods to determine the VOC content of coatings; • Revised recordkeeping

requirements; • Revised the limitations section to make a distinction between compliance with control equipment and compliance with low VOC coating; • Revised the exemptions section. These revisions include: • Removing the exemption for equipment cleaning; • Removing the exemption for air- dried coating products; • 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: • Added monitoring, recordkeeping, and testing requirements; • Added prohibitions on the manufacture and sale and the

specification of any emulsified or liquid

asphalt prohibited by any provision of

the rule; • Elimination of the exemptions for penetrating prime coat and slow-cure

liquid asphalt; • 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:
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15065

• Revised the small user exemption to

reduce the emissions permitted under

the exemption; • Revised the laboratory operations exemption to reduce the emissions permitted under the exemption; • Modified the description of the

rule; • Added definitions of lithographic printing, non-heatset ink, solvent, key

operating parameters, letterpress, fountain solution, metallic ink, screen

printing, and volatile organic

compound; • Modified requirements for the

alternative emission control plan; • Revised emission reduction

requirements for publication and

packaging gravure and flexographic printing; • Added emission requirements for

letterpress, lithography, and screen

printing; • Revised the test method section to

include EPA test methods and

protocols; • Added requirement to keep records of coating, ink, and solvent usage; • 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: • Defines Approved Emission Control System; • Defines Key System Operating Parameter; • Eliminates APCO discretion for control devices; • Adds recordkeeping requirements

for air pollution abatement equipment; • 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: • Deleted the Alternative Emissions Control Plan; • Deleted equivalent emission control systems section; • Deleted reference to storage tank

requirements of Rule 8–5; • 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: • Includes polyester resin (fiberglass) products; • Redefines low usage coatings; • 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;

• Deletes reference to effective dates

that have passed; • Clarifies definition of metallic

topcoat; • Clarifies definition of extreme performance coating; • Adds definition of key operating parameters of an emission control system; • Adds new section 8–31–309 proposing VOC limits for specialty

coatings, including camouflage, conductive, metallic topcoat, extreme performance and high gloss coatings. • Adds requirements for handling

surface preparation and cleanup

solvents; • Adds requirements for

recordkeeping of key system operating parameters of emission control systems; • 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: • Expands the applicability of the

rule to the coating of all wood products; • Sets technology forcing volatile organic compound (VOC) content standards effective in 1992, 1995 and

1997; • 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; • 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; • Provides recordkeeping

requirements and improves clarity; • 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: • Revised exemption criteria; • Revised definitions of landfill and

solid waste disposal site; • Added definitions of emission

control system; • Added definition of organic

compound; • Revised gas collection

requirements;

• Added surface testing requirement; • Added recordkeeping requirements; • 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: • Revised exemption criteria; • Added definition of key operating parameter; • Revised definition of ink manufacturer; • Added equipment cleaning

requirements; • Added definition of volatile organic

compound; • Revised recordkeeping

requirements; • Added definition of collection

efficiency; • 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: • Establishes what volume of soil can

be aerated per day before emission

controls are required; • Establishes work practices to be used when removing or replacing an

underground storage tank; • Requires that sources notify the BAAQMD Air Pollution Control Officer before soil is excavated or aerated, or before underground storage tanks are

removed; • Requires periodic soil sampling; • 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: • Requires use of emission control equipment; • Requires leak inspection and repair; • Requires recordkeeping of leaks and

operating parameters of the emission

control equipment; • 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: • VOC content limits for coatings; • Use of Abatement devices; • Transfer efficiency requirements; • Surface preparation work standards and VOC content limits for solvents; • Records of coating use and control device operating parameters;
15066 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations

• 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: • Limits VOC content of aerosol coating products; • Requires that labels stating VOC

content be affixed to the aerosol paint container; • Requires records of coating sales to

be kept; • 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: § 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

40 CFR Part 70

[SD–001; FRL–5176–7] Clean Air Act Final Interim Approval of Operating Permits Program; State of South Dakota AGENCY: Environmental Protection Agency (EPA). ACTION: Final interim approval. SUMMARY: The EPA is promulgating

interim approval of the Operating Permits Program submitted by the State of South Dakota for the purpose of