19554 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Proposed Rules

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).

2The LA Basin and the Ventura County Area

retained their designations 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).

Aviation Administration proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 1348(a), 1354(a),

1510; E.O. 10854; 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending from 700 feet or more above

the surface of the earth.

* * * * *

ACE IA E5 Washington, IA [Revised]

Washington Municipal Airport, IA.

(Lat. 41°16′34′′N, long. 91°40′25′′W)

That airspace extending upward from 700

feet above the surface within 7-mile radius of

the Washington Municipal airport and within

3.5 miles each side of the 191° bearing from

the airport extending from the 7-mile radius

to 13 miles south of the airport.

* * * * *

Herman J. Lyons, Jr.,

Acting Manager, Air Traffic Division, Central

Region.

[FR Doc. 95–9643 Filed 4–18–95; 8:45 am]

BILLING CODE 4910–13–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 144–4–6973a; FL–5194–5]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

and Ventura County Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking.

SUMMARY: EPA is proposing to approve

revisions to the California State

Implementation Plan (SIP) which

concern the control of volatile organic

compound (VOC) emissions from bakery

ovens and the coating of metal parts and

products.

The intended effect of proposing

approval of these rules is to regulate

emissions of VOCs in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

EPA’s final action on this notice of

proposed (NPRM) will incorporate these

rules into the federally approved SIP. In

addition, final action on one of these

rules (South Coast Air Quality

Management District’s Rule 1153) will

serve as a final determination that a

deficiency in the rule has been corrected

and that any sanctions or Federal

Implementation Plan (FIP) obligations

are permanently stopped. An Interim

Final Determination published in

today’s Federal Register will defer the

imposition of sanctions until EPA takes

final rulemaking action on this rule.

EPA has evaluated each of these rules

and is proposing to approve them 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: Comments must be received on

or before May 19, 1995.

ADDRESSES: Comments may be mailed

to: Daniel A. Meer, Rulemaking Section

[A–5–3], Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rules and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region 9 office during normal business

hours. Copies of the submitted rules are

also available for inspection at the

following locations:

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765–4182.

Ventura County Air Pollution Control

District, 669 County Square Drive,

Second Floor, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking Section

[A–5–3], Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, (415) 744–

1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being proposed for approval

into the California SIP include: South

Coast Air Quality Management District

(SCAQMD) Rule 1153, Commercial

Bakery Ovens; and Ventura County Air

Pollution Control District (VCAPCD)

Rule 74.12, Surface Coatings of Metal

Parts and Products. These rules were

submitted by the California Air

Resources Board to EPA on February 24,

1995.

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 CAA or

pre-amended Act), that included the Los

Angeles-South Coast Air Basin (LA

Basin) and the Ventura County Area. 43

FR 8964; 40 CFR 81.305. Because these

areas were 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 pre-amended

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 SIPCall). 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 LA Basin is classified as

extreme and the Ventura County Area is

classified as severe; 2 therefore, these

areas were subject to the RACT fix-up
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Proposed Rules 19555

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).

requirement and the May 15, 1991

deadline.

The State of California submitted

many revised RACT rules for

incorporation into its SIP on February

24, 1995, including the rules being acted

on in this document. This document

addresses EPA’s proposed action for

SCAQMD Rule 1153, Commercial

Bakery Ovens; and VCAPCD Rule 74.12,

Surface Coating of Metal Parts and

Products. The SCAQMD adopted Rule

1153 on January 13, 1995 and the

VCAPCD adopted Rule 74.12 on January

10, 1995. These submitted rules were

found to be complete on March 10, 1995

pursuant to EPA’s completeness criteria

that are set forth in 40 CFR part 51,

appendix V 3 and are being proposed for

approval into the SIP.

SCAQMD Rule 1153 controls VOC

emissions from commercial bakery

ovens; and VCAPCD Rule 74.12 controls

VOC emissions from facilities that apply

coatings to metal parts or products.

VOCs contribute to the production of

ground-level ozone and smog. SCAQMD

Rule 1153 and VCAPCD Rule 74.12

were adopted as part of each district’s

efforts 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 proposed action for

these rules.

EPA Evaluation and Proposed 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 CTG applicable to

VCAPCD Rule 74.12 is entitled,

‘‘Control of Volatile Organic Emissions

from Existing Stationary Sources—

Surface Coating of Miscellaneous Metal

Parts and Products’’, EPA–450/2–78–0–

015, June 1978. For some source

categories, such as commercial bakery

ovens (SCAQMD Rule 1153), EPA did

not publish a CTG. In these cases, the

district may determine what controls are

required by reviewing the operation of

facilities subject to the regulation and

evaluating regulations for similar

sources in other areas. EPA did publish

an Alternative Control Technology

Document (ACT) entitled, ‘‘Alternative

Control Technology Document for

Bakery Oven Emissions’’, EPA 453/R–

92–017, December 1972 as guidance for

states when developing rules controlling

VOC emissions from bakeries. 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.

SCAQMD’s submitted Rule 1153,

Commercial Bakery Ovens, includes the

following significant changes from the

current SIP:

• Executive Officer discretion in

specifying test methods was eliminated.

• The ‘‘exempt compounds’’

definition was updated.

VCAPCD submitted Rule 74.12,

Surface Coating of Metal Parts and

Products is a new rule and includes:

• Limits for the ROC content of metal

surface coatings and solvents used to

clean coating application equipment

and metal surfaces prior to coating.

• The use of add-on equipment to

control emissions of ROCs if

noncompliant coatings are used.

• Requirements for monthly records

of complying coatings and daily records

of noncompliant coating applied.

• Test methods are included to

determine compliance.

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations, and EPA policy. Therefore,

SCAQMD Rule 1153, Commercial

Bakery Ovens; and VCAPCD Rule 74.12,

Surface Coating of Metal Parts and

Products are being proposed for

approval 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

request for revision to any state

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.

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 populations of

less than 50,000.

SIP approvals under sections 110 and

301 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, 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,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compound.

Authority: 42 U.S.C. 7401–7671q.

Dated: April 12, 1995.

John C. Wise,

Acting Regional Administrator.

[FR Doc. 95–9707 Filed 4–18–95; 8:45 am]

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