[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23774-23777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11039]
[[Page 23774]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 038-100a; FRL-6334-4]
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.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern rules from
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).
The revised rules control VOC emissions from paper, fabric, and film
coating operations; graphic arts; coatings and ink manufacturing;
plastic, rubber and glass coatings; motor vehicle and mobile equipment
non-assembly line coating operations; and solvent cleaning 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 July 6, 1999 without further notice,
unless EPA receives adverse comments by June 3, 1999. If EPA received
such comment, then it will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: 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:
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,
S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765
FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office,
AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1185.
SUPPLEMENTARY INFORMATION:
I. Applicability
This Federal Register action for the South Coast Air Quality
Management District excludes the Los Angeles portion of the Southeast
Desert AQMA, otherwise known as the Antelope Valley Region in Los
Angeles County, which is now under the jurisdiction of the Antelope
Valley Air Pollution Control District as of July 1, 1997. The rules
being approved into the California State SIP include: SCAQMD Rules
1128--Paper, Fabric, and Film Coating Operations; 1130--Graphic Arts;
1141.1--Coatings and Ink Manufacturing; 1145--Plastic, Rubber, and
Glass Coatings; 1151--Motor Vehicle and Mobile Equipment Non-Assembly
Line Coating Operations; and 1171--Solvent Cleaning Operations. These
rules were submitted by the California Air Resources Board (CARB) to
EPA on July 23, 1996 (1128, 1130), September 14, 1992 (1141.1), August
1, 1997 (1145), and March 10, 1998 (1151, 1171).
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 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 district's portions 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 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.
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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 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.
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The State of California submitted many revised RACT rules for
incorporation into its SIP on July 23, 1996, September 14, 1992, August
1, 1997, and March 10, 1998, including the rules being acted on in this
document. This document addresses EPA's direct-final action for SCAQMD
Rules 1128--Paper, Fabric, and Film Coating Operations; 1130--Graphic
Arts; 1141.1--Coatings and Ink Manufacturing; 1145--Plastic, Rubber,
and Glass Coatings; 1151--Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations; and 1171--Solvent Cleaning
Operations. SCAQMD amended Rules 1128 and 1130 on March 8, 1996, Rule
1141.1 on March 6, 1992, Rule 1145 on February 14, 1997 and Rules 1151
and 1171 on June 13, 1997. These submitted rules were found to be
complete on October 30, 1996 (1128, 1130), November 20, 1992 (1141.1),
September 30, 1997 (1145), and May 21, 1998 (1151, 1171) 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.
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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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These Rules control emissions of VOCs from the following source
categories: 1128--operations that apply coatings to paper, fabric or
film
[[Page 23775]]
substrates, 1130--graphic arts operations, 1141.1--coatings and ink
manufacturing establishments, 1145--plastic, rubber, and glass coating
operations, 1151--automotive refinishing operations, and 1171--solvent
cleaning operations during production, repair, maintenance or servicing
of parts, products, tools, machinery, equipment, or general work areas.
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.
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 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 1128 is entitled, Control of Volatile Organic
Emissions from Existing Stationary Sources--Volume II: Surface Coating
of Cans, Coils, Paper, Fabric, Automobiles, and Light-Duty Trucks, EPA-
450/2-77-008, May 1977, and 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, December 1978, Rules 1141.1, 1145, 1151
and 1171 control emissions from source categories for which EPA has not
published a CTG. Accordingly, these rules were evaluated for
consistency with the general RACT requirements of the Clean Air Act
(CAA section 110 and part D. Rule 1151 was also evaluated against
subpart E of 40 CFR part 59, National Volatile Organic Compound
Emission Standard for Automobile Refinish Coatings. 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.
On December 20, 1993, EPA approved into the SIP a version of Rule
1128--Paper, Fabric, and Film Coating Operations that had been adopted
by SCAQMD on February 7, 1992. SCAQMD submitted Rule 1128--Paper,
Fabric, and Film Coating Operations includes the following significant
changes from the current SIP:
Added definition of aerosol coating product;
Deleted listing the exempt compounds and added wording to
refer to Rule 102--Definition of Terms;
Changed the wording of the aerosol coatings exemption to
increase clarity of the rule.
On October 31, 1995, EPA approved into the SIP a version of Rule
1130--Graphic Arts that had been adopted by SCAQMD on September 8,
1995. SCAQMD submitted Rule 1130--Graphic Arts includes the following
significant changes from the current SIP:
Added definition of aerosol coating product;
Added an exemption for aerosol coating products.
On January 24, 1985, EPA approved into the SIP a version of Rule
1141.1--Coating and Ink Manufacturing that had been adopted by SCAQMD
on November 4, 1983. SCAQMD submitted Rule 1141.1--Coatings and Ink
Manufacturing includes the following significant changes from the
current SIP:
Changed rule format to agree with format of current SCAQMD
rules;
Added an exempt compound listing;
Added definition of VOC;
Updated record keeping requirements, and extended record
retention time from one to two years.
On December 20, 1993, EPA approved into the SIP a version of Rule
1145 that had been adopted by SCAQMD on January 10, 1992. SCAQMD Rule
1145--Coating and Ink Manufacturing includes the following significant
changes from the current SIP:
A lower VOC limit for electric dissipating and shock free
coatings;
Removed language used to regulate solvent cleaning
activities, and added reference to Rule 1171--Solvent Cleaning
Operations.
Changed the default transfer efficiency provision to a
value of not less than 65% in place of the high-volume, low-pressure
(HVLP) spray equipment standard;
Exempted air-brush operations from transfer efficiency
requirements;
Updated compliance test methods, to reflect the most
recent test methods.
On June 13, 1996, EPA approved into the SIP a version of Rule
1151--Motor Vehicle and Mobile Equipment Non-Assembly Line Coating
Operations that had been adopted by SCAQMD on September 9, 1994. SCAQMD
submitted Rule 1151--Motor Vehicle and Mobile Equipment Non-Assembly
Line Coating Operations includes the following significant changes from
the current SIP:
Updated definition of aerosol coatings;
Deleted listing of exempt compounds and added reference to
Rule 102--Definition of Terms;
Added an exemption for aerosol coatings to be consistent
with amendments to State of California Health and Safety Code Section
41712.
On July 14, 1995, EPA approved into the SIP a version of Rule
1171--Solvent Cleaning Operations that had been adopted by SCAQMD on
May 12, 1995. SCAQMD submitted Rule 1171--Solvent Cleaning Operations
includes the following significant changes from the current SIP:
Deleted listing of exempt compounds, and added reference
to Rule 102--Definition of Terms;
Added VOC limits for solvents to clean electrical
apparatus.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD Rules 1128--Paper, Fabric, and Film Coating
Operations; 1130--Graphic Arts; 1141.1--Coatings and Ink; 1145--
Plastic, Rubber, and Glass Coatings; 1151--Motor Vehicles and Mobile
Equipment Non-Assembly Line Coating Operations; and 1171--Solvent
Cleaning Operations 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.
[[Page 23776]]
EPA is publishing this rule 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
relevant adverse comments be filed. This rule will be effective July 6,
1999 without further notice unless the Agency receives relevant adverse
comments by June 3, 1999.
If the EPA received such comments, then EPA will publish a timely
withdrawal of the direct final rule and inform the public that the rule
will 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 on this rule. 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 will be effective on July 6, 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, entitled
``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, E.O. 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 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
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 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
[[Page 23777]]
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 July 6, 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.
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 21, 1999.
Felicia Marcus,
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)(189)(i)(A)(7), (c)(239)(i)(B), (c)(248)(i)(B)(3) and
(c)(254)(i)(D)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(189) * * *
(i) * * *
(A) * * *
(7) Rule 1141.1, adopted on November 4, 1983 and amended on March
6, 1992.
* * * * *
(239) * * *
(i) * * *
(B) South Coast Air Quality Management District.
(1) Rule 1128, adopted on May 4, 1979 and amended on March 8, 1996,
and Rule 1130, adopted on October 3, 1980 and amended on March 8, 1996.
* * * * *
(248) * * *
(i) * * *
(B) * * *
(3) Rule 1145, adopted on July 8, 1983 and amended on February 14,
1997.
* * * * *
(254) * * *
(i) * * *
(D) * * *
(2) Rule 1151, adopted on July 8, 1988 and amended on June 13,
1997, and Rule 1171, adopted on August 2, 1991 and amended on June 13,
1997.
* * * * *
[FR Doc. 99-11039 Filed 5-3-99; 8:45 am]
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