[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29659-29662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14784]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 014-0003a FRL-5464-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Five Local Air Pollution Control
Districts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern rules from
the following: El Dorado County Air Pollution Control District
(EDCAPCD), Kern County Air Pollution Control District (KCAPCD), Placer
County Air Pollution Control District (PCAPCD), Santa Barbara County
Air Pollution Control District (SBCAPCD), and South Coast Air Quality
Management District (SCAQMD). These new and revised rules control VOC
emissions from graphic arts operations. 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). In addition, the
final action on the SBCAPCD rule serves as a final determination that
the finding of nonsubmittal for this rule has been corrected and that
on the effective date of this action, the Federal Implementation Plan
(FIP) clocks is stopped. Thus, EPA is finalizing the approval of these
revisions into the California SIP under provisions of the CAA regarding
EPA action on SIP submittals, SIPs for national primary and secondary
ambient air quality standards and plan requirements for nonattainment
areas.
DATES: This action is effective on August 12, 1996, unless adverse or
critical comments are received by July 12, 1996. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rules 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 rules 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,
SW., Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814
El Dorado County APCD, 2850 Fairlane Court, Placerville, CA 95667
Kern County APCD, 2700 M. Street, Suite 290, Bakersfield, CA 93301
Placer County APCD, 11464 B. Avenue, Auburn, CA 95603
Santa Barbara County APCD, 26 Castilian Drive, B-23 Goleta, CA 93117
South Coast AQMD, 21865 E. Copley Drive, Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT:
Erik H. 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:
beck.erik@epamail.epa.gov.
[[Page 29660]]
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: EDCAPCD
Rule 231 ``Graphic Arts Operations''; KCAPCD Rule 410.7, ``Graphic
Arts''; PCAPCD Rule 239, ``Graphic Arts Operations''; SBCAPCD Rule 354,
``Graphic Arts''; and SCAQMD Rule 1130.1, ``Screen Printing
Operations''. These rules were submitted by the California Air
Resources Board (CARB) to EPA on the following dates in respective
order: November 30, 1994, May 30, 1991, October 13, 1995, July 13,
1994, and November 18, 1993. All of these rules are in effect
throughout their respective districts, except PCAPCD Rule 239. This
rule is applicable only within that part of Placer County that lies
within the Sacramento Valley Air Basin.
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 Southeast Desert
Modified Air Quality Management Area, Santa Barbara--Santa Maria--
Lompoc Area, Sacramento Metro Area (which includes portions of El
Dorado County and Placer County), and the Los Angeles--South Coast Air
Basin. 43 FR 8964, 40 CFR 81.305. On May 26, 1988, EPA notified the
Governor of California, pursuant to section 110(a)(2)(H) of the 1977
Act, that the EDCAPCD, KCAPCD, PCAPCD, SBCAPCD, and the SCAQMD portions
of the California SIP were inadequate to attain and maintain the ozone
standard and requested that deficiencies in the existing SIP be
corrected (EPA's SIP-Call). On November 15, 1990, the Clean Air Act
Amendments of 1990 were enacted. Pub. L. 101-549, 104 Stat. 2399,
codified at 42 U.S.C. 7401-7671q. In amended section 182(a)(2)(A) of
the CAA, Congress statutorily adopted the requirement that
nonattainment areas fix their deficient reasonably available control
technology (RACT) rules for ozone and established a deadline of May 15,
1991 for states to submit corrections of those deficiencies.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in pre-amendment guidance.1 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. The Los Angeles--South Coast Air Basin is
classified as extreme. The Sacramento Metro Area is classified as
severe. The Santa Barbara--Santa Maria--Lompoc Area is classified as
moderate; 2 therefore, these areas were subject to the RACT fix-up
requirement and the May 15, 1991 deadline.3
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\1\ Among other things, the pre-amendment guidance consists of
those portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\2\ The Los Angeles--South Coast Air Basin, Sacramento Metro
Area, and the Santa Barbara--Santa Maria--Lompoc Area retained their
designation 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). However, on April 25,
1995, EPA published a final rule granting the State's request to
reclassify the Sacramento Metro Area to severe from serious (60 CFR
20237). This reclassification became effective on June 1, 1995.
\3\ Note Bene: KCAPCD Rule 410.7 applies to that portion of Kern
County which falls outside the San Joaquin Valley Unified Air
Pollution Control District. This area is known as the Southeast
Desert Non-Air Quality Management Area, and its ozone designation is
unclassified.
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The State of California submitted many RACT rules for incorporation
into its SIP on the rule submittal dates listed in the Applicability
section above, including the rules being acted on in this document.
This document addresses EPA's direct-final action for EDCAPCD Rule 231
``Graphic Arts Operations''; KCAPCD Rule 410.7, ``Graphic Arts'';
PCAPCD Rule 239 ``Graphic Arts Operations''; SBCAPCD Rule 354,
``Graphic Arts''; and SCAQMD Rule 1130.1, ``Screen Printing
Operations''. EDCAPCD adopted Rule 231 on September 27, 1994. KCAPCD
adopted Rule 410.7 on May 6, 1991. PCAPCD adopted Rule 239 on June 8,
1995. SBCAPCD adopted Rule 354 on June 28, 1994. SCAQMD adopted Rule
1130.1 on July 9, 1993.
These submitted rules were found to be complete on the following
respective dates: January 30, 1995 (Rule 231); July 10, 1991 (Rule
410.7); November 28, 1995 (Rule 239); July 22, 1994 (Rule 354); and
December 23, 1993 (Rule 1130.1). The completeness determinations were
made pursuant to EPA's completeness criteria that are set forth in 40
CFR part 51 Appendix V.4
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\4\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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These rules control VOC emissions from graphic arts operations such
as screen printing, flexography, rotogravure, and others. VOCs
contribute to the production of ground level ozone and smog. These
rules were originally adopted as part of their air pollution control
agencies' 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
final action for this rule.
EPA Evaluation and Action
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and part D of the CAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 1. Among those provisions
is the requirement that a VOC rule must, at a minimum, provide for the
implementation of RACT for stationary sources of VOC emissions. This
requirement was carried forth from the pre-amended Act.
For the purpose of assisting state and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTG
applicable to all of these rules, except SCAQMD Rule 1130.1, ``Screen
Printing Operations'', is entitled, OAQPS Guideline Series--Control of
Volatile Organic Emissions from Existing Stationary Sources--Volume
VII: Graphic Arts--Rotogravure and Flexography (Document Number EPA-
450/2-78-033). No CTG applies to SCAQMD Rule 1130.1. Accordingly, Rule
1130.1 was evaluated against interpretations of EPA policy found in the
Blue Book, referred to in footnote 1. The CTG and the Blue Book have
been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
EDCAPCD Rule 231 ``Graphic Arts Operations''; PCAPCD Rule 239
``Graphic Arts Operations''; SBCAPCD Rule 354, ``Graphic Arts''; and
SCAQMD Rule 1130.1, ``Screen Printing
[[Page 29661]]
Operations'', are new rules being approved into the SIP for the first
time. These rules have the following significant features:
Control emissions of VOC from rotogravure and flexography
printing and coating equipment (except SCAQMD Rule 1130.1);
Option of using emission control equipment or using
reduced VOC content inks and coatings;
Test methods for VOC content of coatings and inks;
Test methods for determining capture efficiency of an
emission control device;
Rule exemptions for firms emitting small quantities of
VOC.
In addition to the features listed above, SCAQMD Rule 1130.1 has
the following additional features:
Control of VOC emissions from screen printing operations;
Test methods for metal content of inks;
KCAPCD's submitted Rule 410.7 ``Graphic Arts,'' includes the
following significant changes from the current SIP:
Comprehensive revision of rule definitions;
Extension of the rule's applicability to include
letterpress, lithography, and screen printing;
Addition of recordkeeping requirements;
Addition of test methods;
Requirement to reduce VOC emissions from cleanup
operations;
Modified control device efficiency standards to require
more stringent controls.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, the following district rules are being approved under
section 110(k)(3) of the CAA as meeting the requirements of section
110(a) and Part D: EDCAPCD Rule 231 ``Graphic Arts Operations''; KCAPCD
Rule 410.7, ``Graphic Arts''; PCAPCD Rule 239 ``Graphic Arts
Operations''; SBCAPCD Rule 354, ``Graphic Arts''; and SCAQMD Rule
1130.1, ``Screen Printing Operations''.
Therefore, if this direct final action is not withdrawn, on August
12, 1996, the FIP clock associated with SBCAPCD Rule 354 is stopped.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the state implementation plan shall
be considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective August 12, 1996, unless, by July 12, 1996, 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 August 12, 1996.
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(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).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this final action does not include
a mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this 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: April 13, 1996.
Felicia Marcus,
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.
[[Page 29662]]
Subpart F--California
2. Section 52.220 is amended by adding paragraphs
(c)(185)(i)(A)(9), (194)(i)(G), (198)(i)(K), (207)(i)(B)(2), and
(225)(i)(B)(3) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(185) * * *
(i) * * *
(A) * * *
(9) Rule 410.7, adopted May 6, 1991.
* * * * *
(194) * * *
(i) * * *
(G) South Coast Air Quality Management District.
(1) Rule 1130.1, adopted July 9, 1993.
* * * * *
(198) * * *
(i) * * *
(K) Santa Barbara County Air Pollution Control District.
(1) Rule 354, adopted June 28, 1994.
* * * * *
(207) * * *
(i) * * *
(B) * * *
(2) Rule 231, adopted September 27, 1994.
* * * * *
(225) * * *
(i) * * *
(B) * * *
(3) Rule 239, adopted June 8, 1995.
* * * * *
[FR Doc. 96-14784 Filed 6-11-96; 8:45 am]
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