[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Rules and Regulations]
[Pages 47392-47395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22183]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 224-0166a; FRL-6425-5]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District, Ventura County Air Pollution Control District
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 special districts: South Coast Air Quality Management
District (SCAQMD); and, Ventura County Air Pollution Control District
(VCAPCD). 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) according to
the requirements of the Clean Air Act, as amended in 1990 (CAA or the
Act). The revised rules control VOC emissions from pleasure craft
coating operations. 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 rule is effective on November 1, 1999 without further
notice, unless EPA receives adverse comments by September 30, 1999. If
EPA receives such comment, it will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel at the
Region IX office listed below. 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:
[[Page 47393]]
Rulemaking Office (AIR-4), Air 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 95812;
South Coast Air Quality Management District, 21865 East Copley Drive,
Diamond Bar, CA 91765-4182; and,
Ventura County Air Pollution Control District, 669 County Square Drive,
Ventura, CA 93003
FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, Rulemaking Office,
AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1226.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP are SCAQMD Rule
1106.1--Pleasure Craft Coating Operations and VCAPCD Rule 74.24.1--
Pleasure Craft Coating and Commercial Boatyard Operations. These rules
were submitted by the California Air Resources Board (CARB) to EPA on
June 3, 1999 and February 16, 1999, respectively.
II. Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in l977
(1977 Act or pre-amended Act), that included the South Coast air basin
and Ventura County. See 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 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
SIP-Call). On November 15, 1990, the Clean Air Act Amendments of 1990
were enacted. Public Law 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 South Coast air basin is classified as extreme
and Ventura County is classified as severe.2 Therefore,
these areas were subject to the RACT fix-up requirement and the May 15,
1991 deadline.
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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\ Both the South Coast air basin and Ventura County 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 56 FR 56694 (November 6, 1991).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on both June 3, 1999 and February 16, 1999,
including the rules being acted on in this document. This document
addresses EPA's direct-final action for SCAQMD Rule 1106.1--Pleasure
Craft Coating Operations and VCAPCD Rule 74.24.1--Pleasure Craft
Coating and Commercial Boatyard Operations. SCAQMD adopted Rule 1106.1
on February 12, 1999. VCAPCD adopted Rule 74.24.1 on November 19, 1998.
EPA found both of these submitted rules to be complete on June 24, 1999
and April 23, 1999, respectively; pursuant to EPA's completeness
criteria that are set forth in 40 CFR part 51, appendix V.3
SCAQMD Rule 1106.1 and VCAPCD Rule 74.24.1 are being finalized for
approval into the SIP with today's action.
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\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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SCAQMD Rule 1106.1 and VCAPCD Rule 74.24.1 are designed to reduce
volatile organic compound (VOC) emissions at industrial sites engaged
in manufacturing or repairing vessels which are operated, leased,
rented, or chartered to a person or business for recreational purposes.
VOCs contribute to the production of ground level ozone and smog. These
rules were adopted as part of SCAQMD and VCAPCD 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.
III. 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 one. 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). Further
interpretations of EPA policy are found in the Blue Book, referred to
in footnote one. In general, these guidance documents have been set
forth to ensure that VOC rules are fully enforceable and strengthen or
maintain the SIP.
However, there is no CTG applicable to the pleasure craft coating
operations source category. Along with SCAQMD Rule 1106.1 and VCAPCD
74.24.1, one other pleasure craft coating rule, San Diego County Air
Pollution Control District Rule 67.18, has been adopted within
California. Together, these three rules provide a basis for determining
what controls are reasonably available within California. This
rulemaking will not establish EPA's national definition of RACT for the
pleasure craft coating industry across the United States.
On April 13, 1995, EPA approved into the SIP a version of SCAQMD
Rule 1106.1--Pleasure Craft Coating Operations that had been adopted on
May 1, 1992. (See 60 FR 18750.) Revisions to this Rule 1106.1 were
adopted subsequently on March 8, 1996 and June 13, 1997, and submitted
to EPA. While EPA can only act on this most recently submitted version,
EPA reviewed relevant materials associated
[[Page 47394]]
with these prior and superseded versions of the rule. SCAQMD's
submitted Rule 1106.1 includes the following significant changes from
the current SIP:
--Increase temporarily the VOC emission limits for Extreme High Gloss
Topcoats from 490 gr/l to 650 gr/l and Finish Primers from 420 gr/l to
600 gr/l returning these emission limits to the previously lower limits
on January 1, 2001;
--Increase the VOC emissions limit for Antifoulants from 150 gr/l to
400 gr/l and lowering the emissions limit to 300 gr/l on January 1,
2001;
--Remove the requirement that sprayed coatings be applied using high
volume low pressure (HVLP) or equivalent methods; and,
--Provide related editorial amendments such as removing irrelevant past
compliance dates and emission limits and renumbering test method
designations.
The modified VOC content limits and compliance dates in the
submitted Rule 1106.1 neither interfere with reasonable further
progress, nor attainment of the NAAQS. Considering progress
requirements, enough surplus emission reductions exist between 1999 and
2005 in the EPA approved ozone attainment plan to allow a delay in
emission reductions from Rule 1106.1 while still meeting the CAA's
progress requirements. (See 62 FR 1181, January 8, 1997.) Regarding
attainment of the NAAQS in 2010, the relaxed emission limits in the
submitted rule add less than 0.0063% (40.5 pounds per day) to the EPA
approved 2010 VOC emissions budget of 323 tons per day. For these
reasons, the changes within submitted Rule 1106.1 are consistent with
the requirements of section 110(l) of the CAA.
EPA has evaluated submitted Rule 1106.1 and determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
SCAQMD Rule 1106.1--Pleasure Craft Coating Operations is being approved
under section 110(k)(3) of the CAA as meeting the requirements of
section 110(a) and part D. Although the VOC emissions increases due to
Rule 1106.1 can be considered a de minimus amount by themselves, SCAQMD
should account for the cumulative effect of such emission increases in
future attainment plan revisions.
There is no version of VCAPCD Rule 74.24.1--Pleasure Craft Coating
and Commercial Boatyard Operations in the SIP. The submitted rule
includes the following general provisions:
--Applicability;
--Requirements for ROC (reactive organic compounds) content of
coatings, surface preparation, and storage of ROC containing materials;
--Exemptions from the rule;
--Record keeping to demonstrate compliance with the rule;
--Test methods for determining compliance with the rule;
--Violations; and
--Definitions of terms used within the rule
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
VCAPCD Rule 74.24.1--Pleasure Craft Coating and Boatyard Operations is
being approved under section 110(k)(3) of the CAA as meeting the
requirements of section 110(a) and part D.
EPA is publishing this rulemaking action without prior proposal
because the Agency views this as a noncontroversial amendment and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision
should adverse comments be filed. This rule will be effective November
1, 1999 without further notice unless the Agency receives adverse
comments by September 30, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
did not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period. Any parties interested
in commenting on this rule should do so at this time. If no such
comments are received, the public is advised that this rule is
effective on November 1, 1999, and no further action will be taken on
the proposed rule.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, Regulatory
Planning and Review.
B. Executive Order 12875
Under Executive Order 12875, Enhancing the Intergovernmental
Partnership, EPA may not issue a regulation that is not required by
statute and that creates a mandate upon a State, local or tribal
government, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by those governments, or
EPA consults with those governments. If EPA complies by consulting,
Executive Order 12875 requires EPA to provide to the Office of
Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to E.O. 13045 because it is
does not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
[[Page 47395]]
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 1, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
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.
Dated: August 6, 1999.
Laura Yoshii,
Acting Regional Administrator, Region IX.
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 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c)(262)(i)(B)(2)
and (c)(264)(i)(A)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(262) * * *
(i) * * *
(B) * * *
(2) Rule 74.24.1, adopted on November 10, 1998.
* * * * *
(264) * * *
(i) * * *
(A) * * *
(2) Rule 1106.1, adopted on May 1, 1992, and amended on February
12, 1999.
* * * * *
[FR Doc. 99-22183 Filed 8-30-99; 8:45 am]
BILLING CODE 6560-50-P
