[Federal Register Volume 60, Number 210 (Tuesday, October 31, 1995)]
[Rules and Regulations]
[Pages 55312-55314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26887]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 162-1-7250a; FRL-5321-1]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern rules from
the South Coast Air Quality Management District (SCAQMD). 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 these rules serves as a final
determination that the deficiencies in previous versions have been
corrected and that on the effective date of this action, any sanctions
or Federal Implementation Plan (FIP) obligations are permanently
stopped. The revised rules control VOC emissions from graphic arts and
the coating of wood products. 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 January 2, 1996 unless adverse or
critical comments are received by November 30, 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,
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Daniel A. Meer, Chief 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) 744-1185.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: SCAQMD
Rules 1130, Graphic Arts, and 1136, Wood Products Coating. These rules
were submitted by the California Air Resources Board (CARB) to EPA on
October 16, 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 Act or pre-amended Act), that included the 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 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. 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)
[[Page 55313]]
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; 2 therefore, this area was subject to the RACT fix-up
requirement and the May 15, 1991 deadline.
\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 South Coast Air Basin 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).
---------------------------------------------------------------------------
The State of California submitted many revised RACT rules for
incorporation into its SIP on October 13, 1995, including the rules
being acted on in this document. This document addresses EPA's direct-
final action for SCAQMD's Rules 1130, Graphic Arts, and 1136, Wood
Products Coating. SCAQMD adopted Rules 1130 and 1136 on September 8,
1995. The submitted rules were found to be complete on October 23, 1995
pursuant to EPA's completeness criteria that are set forth in 40 CFR
part 51 Appendix V 3 and is being finalized for approval into the
SIP.
\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).
---------------------------------------------------------------------------
Rule 1130 limits emissions of volatile organic compounds (VOCs)
emitted from graphic arts operations and Rule 1136 limits emissions of
VOCs from wood coating operations. VOCs contribute to the production of
ground level ozone and smog. This rule was originally adopted as part
of SCAQMD'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 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 Rule 1130 is entitled Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume VIII: Graphic Arts-
Rotogravure and Flexography. EPA-450/2-78-033. Rule 1136 controls
emissions from a source category for which EPA has not finalized a CTG.
Accordingly, this rule was evaluated against the interpretation of EPA
policy found in the Blue Book, referred to in footnote 1 and against
other EPA policy including the EPA Region 9/CARB document entitled:
Guidance Document for Correcting VOC Rule Deficiencies (April 1991),
and EPA's draft CTG for wood furniture finishing and cleaning
operations, released for comments on September 7, 1995 in the Federal
Register, 60 FR 46595. 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 1130, Graphic Arts, includes the following
significant changes from the current SIP:
Reduction of the VOC content of graphic arts material to
300 grams per liter in conformance with the applicable CTG,
Revision of the combined capture and control efficiency
requirement of emission control systems to conform to the RACT level of
control,
Deletion of the exempt compound list and reference to Rule
102 which contains definitions and the exempt compound list,
Lowering of the minimum metal content requirement in
flexographic metallic ink from 35% to 28% by weight,
Lowering of the VOC limit for flexographic metallic ink
from 485 grams/liter (g/l) to 460 g/l,
Addition of a prohibition of sale provision,
Addition of the definition of ``Potential to Emit'',
Addition of an exemption for the application of metallic
and matte finish ink, provided that a written certification to limit
the total facility-wide potential VOC emissions to 10 tons per year is
on file.
SCAQMD's Rule 1136, Wood Coating Operations, includes the following
significant changes from the current SIP:
Addition of language and equation for control device
equivalency,
Addition of USEPA approved test method and language
regarding multiple test methods,
Addition of a VOC averaging provision,
Addition of fiberboard and particleboard coating VOC
limits,
Extension of final compliance dates to July 1, 1996,
Addition of economic incentives for facilities converting
to compliant, waterborne coatings earlier than the final compliance
date. The available incentives are alternative recordkeeping
requirements and use of alternate spray equipment, with written
approval from the executive officer.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD's Rules 1130, Graphic Arts, and 1136, Wood Products
Coating, are being approved 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 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 January 2, 1996, unless, by November 30, 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
[[Page 55314]]
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 January 2, 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 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).
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: October 19, 1995.
John Wise,
Acting 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)(225) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(225) New and amended regulations for the following APCDs were
submitted on October 13, 1995 by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1130 and 1136 adopted September 8, 1995.
* * * * *
[FR Doc. 95-26887 Filed 10-30-95; 8:45 am]
BILLING CODE 6560-50-W
