Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules 19701

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).

List of Subjects in 33 CFR Part 164

Marine Safety, Navigation (water),

Reporting and recordkeeping

requirements, Waterways, Incorporation

by reference.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 164 as follows:

PART 164—NAVIGATION SAFETY

REGULATIONS

1. The authority citation for part 164

continues to read as follows:

Authority: 33 U.S.C. 1231; 46 U.S.C. 2103,

3703; 49 CFR 1.46. Sec. 164.13 also issued

under 46 U.S.C. 8502 sec. 4114(a), Pub.L.

101–380, 104 Stat. 517 (46 U.S.C. 3703 note).

Sec. 164.61 also issued under 46 U.S.C. 6101.

2. Section 164.03 paragraph (b) is

revised to read as follows:

§ 164.03 Incorporation by Reference

* * * * *

(b) The materials approved for

incorporation by reference in this part

and the sections affected are:

International Maritime Organization (IMO)

4 Embankment, London, SE1

7SR, U.K

Recommendation on Performance Standards for Automatic

Pilots, Resolution A.342(IX),

adopted November 12, 1975 .... 164.13

Radio Technical Commission For

Maritime Services (RTCM)

655 Fifteenth St., N.W., Suite

300, Washington, D.C. 20005

Minimum Performance Standards (MPS) Marine Loran C Receiving Equipment, RTCM

Paper 12–78/DO–100, 1977 ..... 164.41

RTCM Recommended Standards

for Differential NAVSTAR GPS

Service, Version 2.1, RTCM

Paper 194–93/SC 104–STD,

1994 ........................................... 164.43

International Telecommunication

Union Radiocommunication Bureau (ITU–R)

Place de Nations CH–1211 Geneva 20 Switzerland

Optional Expansion of the Digital

Selective-Calling System for

use in the Maritime Mobile

Service, ITU–R Recommendation 821, 1992 ........................... 164.43

Characteristics of a Transponder

System using Digital SelectiveCalling Techniques for use

with Vessel Traffic Services

and Ship-to-Ship Identification, ITU–R Recommendation

825, 1992 ................................... 164.43

Dated: March 30, 1995.

G.A. Penington,

Rear Admiral, U.S. Coast Guard Chief, Office

of Navigation Safety and Waterway Services.

[FR Doc. 95–9713 Filed 4–19–95; 8:45 am]

BILLING CODE 4910–14–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 144–3–6972a; FRL–5194–1]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed rulemaking

(NPRM).

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

semiconductor manufacturing.

The intended effect of proposing

approval of this rule 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 rulemaking (NPRM) will

incorporate these rules into the federally

approved SIP. 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 22, 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 rule revisions 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 rule

revisions are also available for

inspection at the following locations:

Environmental Protection Agency, Air

Docket 6102, ANR 443, 401 ‘‘M’’

Street, S.W., Washington 20460.

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.

FOR FURTHER INFORMATION CONTACT:

Helen Liu, Rulemaking Section (A–5–3),

Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105. Telephone: (415)

744–1199.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being proposed for approval

into the California SIP is the South

Coast Air Quality Management District

(SCAQMD) Rule 1164—Semiconductor

Manufacturing. This rule was submitted

by the California Air Resources Board

(CARB) 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 Area

(South Coast 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

pre-amended Act, that the above

district’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
19702 Federal Register / Vol. 60, No. 76 / Thursday, April 20, 1995 / Proposed Rules

2The South Coast Area retained its designation of

nonattainment and 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).

areas. The South Coast Area has been

designated as extreme 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 February

24, 1995, including the rule being acted

on in this document. This document

addresses EPA’s proposed action for

SCAQMD Rule 1164. SCAQMD adopted

Rule 1164 on January 13, 1995. This

submitted rule was 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 1164 controls the VOC

emissions during the operations of

semiconductor manufacturing. VOCs

contribute to the production of groundlevel ozone and smog. This rule was

adopted as part of the SCAQMD’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 this

rule.

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). EPA has not yet developed

a CTG to outline control requirements

for the semiconductor manufacturing

source category. Therefore,

interpretations of EPA policy are found

in the Blue Book, referred to in footnote

1, and the Region IX/CARB document

entitled, Guidance Document for

Correcting VOC Rule Deficiencies. In

general, these guidance documents have

been set forth to ensure that VOC rules

are fully enforceable and strengthen or

maintain the SIP.

SCAQMD Rule 1164—Semiconductor

Manufacturing includes the following

significant changes from the current SIP:

• Section (b)(1) includes an

appropriate definition for approved

emission control system which requires

the system to have an overall efficiency

of at least 90 percent.

• Section (b)(14) includes an equation

to determine VOC composite partial

pressure.

• Other definitions were added or

altered for clarity.

• Sections (e)(1) and (e)(2) list the test

methods for determining VOC content

of any VOC-containing materials or

vapors. These methods include EPA

Test Method 24, SCAQMD Method 303,

SCAQMD Method 304, SCAQMD

Method 308.

• Section (e)(3) includes test methods

for determining the efficiency of the

emission control systems. These

methods include the EPA method cited

in 55 Federal Register 26865, EPA Test

Methods 25, 25A, 18, ARB 422, or

SCAQMD Method 25.1.

• Section (e)(4) ensures that a

violation of any requirement of this rule

established by any one of the specified

test methods shall constitute a violation

of the rule when more than one test

method is specified for any testing.

EPA has evaluated the submitted rule

and has determined that it is consistent

with the CAA, EPA regulations, and

EPA policy. Therefore, SCAQMD Rule

1164 is 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 11, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–9709 Filed 4–19–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 372

[OPPTS–400092; FRL–4946–2]

Monosodium Methanearsonate and

Disodium Methanearsonate; Toxic

Chemical Release Reporting;

Community Right-to-Know

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Denial of petition.