[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Rules and Regulations]
[Pages 31081-31084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14391]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-140-2-6993a; FRL-5211-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Mojave Desert Air Quality
Management District and 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 (SIP). The revisions concern rules
from the following districts: Mojave Desert Air Quality Management
District (MDAQMD) and 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 [[Page 31082]] 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
these rules have been corrected and that on the effective date of this
action, any sanction or Federal Implementation Plan (FIP) clock is
stopped. The revised rules control VOC emissions from metal container,
closure, and coil coating operations, magnet wire coating operations,
and automotive 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 action is effective on August 14, 1995 unless adverse or
critical comments are received by July 13, 1995. 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 92123-1095.
Mojave Desert Air Quality Management District, 15428 Civic Drive,
Victorville, CA 92392.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765.
FOR FURTHER INFORMATION CONTACT: Nikole Reaksecker, 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) 744-1187.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: SCAQMD
Rule 1151, Motor Vehicle and Mobile Equipment Non-Assembly Line Coating
Operations; SCAQMD Rule 1125, Metal Container, Closure, and Coil
Coating Operations; SCAQMD Rule 1126, Magnet Wire Coating Operations;
and MDAQMD Rule 1116, Automotive Refinishing Operations. These rules
were submitted by the California Air Resources Board (CARB) to EPA on
January 24, 1995, February 24, 1995 (Rules 1125 and 1126), and March
31, 1995, respectively.
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 Los Angeles-South
Coast Air Basin (South Coast) and the Southeast Desert Area.1 43
FR 8964, 40 CFR 81.305. Because these areas were 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 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.
\1\ The Mojave Desert Air Quality Management District (MDAQMD)
was created by Assembly Bill AB 2522 signed into law by the Governor
of California on September 12, 1992. It includes all of the County
of San Bernardino which is not included within the boundaries of the
South Coast Air Quality Management District, and may include
contiguous areas situated in the Southeast Desert Air Basin upon
request for inclusion. The Mojave Desert District commenced
operations on July 1, 1993, and on that date assumed the authority,
duties and employees of the San Bernardino County Air Pollution
Control District, which ceased to exist as of that date.
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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.2 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. The Southeast Desert Area is classified as severe
and South Coast is classified as extreme; 3 therefore, these areas
were subject to the RACT fix-up requirement and the May 15, 1991
deadline.
\2\ 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).
\3\ The South Coast and Southeast Desert Areas retained their
designations 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).
The State of California submitted many revised RACT rules for
incorporation into its SIP on January 24, 1995, February 24, 1995, and
March 31, 1995, including the rules being acted on in this document.
This document addresses EPA's direct-final action for SCAQMD Rule 1125,
Metal Container, Closure, and Coil Coating Operations; SCAQMD Rule
1126, Magnet Wire Coating Operations; SCAQMD Rule 1151, Motor Vehicle
and Mobile Equipment Non-Assembly Line Coating Operations; and MDAQMD
Rule 1116, Automotive Refinishing Operations. SCAQMD adopted Rules 1125
and 1126 on January 13, 1995, and Rule 1151 on December 9, 1994. MDAQMD
adopted Rule 1116 on February 22, 1995. These submitted rules were
found to be complete on February 24, 1995, March 10, 1995, and May 2,
1995, pursuant to EPA's completeness criteria that are set forth in 40
CFR part 51 appendix V 4 and are being finalized for approval into
the SIP.
\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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SCAQMD Rule 1125 controls volatile organic compound (VOC) emissions
from metal container, closure, and coil coating operations. SCAQMD Rule
1126 limits the VOC content of magnet wire coatings. SCAQMD Rule 1151
and MDAQMD Rule 1116 limit the emissions of VOCs from the finishing or
refinishing of motor vehicles, mobile equipment, and their parts and
components. VOCs contribute to the production of ground level ozone and
smog. These rules were originally adopted as part of the SCAQMD's and
the MDAQMD'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 [[Page 31083]] following is
EPA's evaluation and final action for these rules.
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 2. 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 SCAQMD Rule 1125 is entitled, ``Control of Volatile
Organic Emissions from Existing Stationary Sources--Volume II: Surface
Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty
Trucks'', EPA-450/2-77-032. The CTG applicable to SCAQMD Rule 1126 is
entitled, ``Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume IV: Surface Coating of Magnet Wire'', EPA-
450/2-77-033. SCAQMD Rule 1151 and MDAQMD Rule 1116 control emissions
from a source category for which EPA has not yet issued a CTG. However,
EPA has issued a guidance document called an Alternative Control
Techniques (ACT). The ACT applicable to SCAQMD Rule 1151 and MDAQMD
Rule 1116 is entitled, ``Alternative Control Techniques Document:
Automobile Refinishing'', EPA-453/R-94-031. Further interpretations of
EPA policy are found in the Blue Book, referred to in footnote 2. In
general, these guidance documents have been set forth to ensure that
VOC rules are fully enforceable and strengthen or maintain the SIP.
SCAQMD submitted Rule 1125, Metal Container, Closure, and Coil
Coating, includes the following significant changes from the current
SIP:
adds applicability section,
clarifies and/or updates several definitions,
removes reference to unspecified test methods,
specifies collection and destruction efficiencies for
emission control systems and includes an equation for determining
control device equivalency,
removes language allowing Executive Officer discretion,
includes test methods for determining VOC content, exempt
compound content, collection and control device efficiencies, and
transfer efficiency,
states what constitutes a violation of the rule,
requires the most recently approved version of a test
method to be used to determine compliance, and
exempts aerosol coating products.
SCAQMD submitted Rule 1126, Magnet Wire Coating Operations,
includes the following significant changes from the current SIP:
adds applicability section,
clarifies and/or updates several definitions,
allows use of an emission control system as an alternative
means of complying,
specifies an overall capture and control efficiency of 90
percent,
includes test methods for determining collection and
control efficiencies,
provides an equation for determining equivalency,
states what constitutes a violation of the rule,
requires the most recently approved version of a test
method to be used to determine compliance, and
exempts aerosol coating products.
SCAQMD submitted Rule 1151, Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations, includes the following significant
changes from the current SIP:
expands applicability section,
revises list of exempt compounds and adds their phase-out
dates,
increases maximum solid content of pretreatment coatings,
deletes precoat and extreme performance topcoat
categories,
adds multi-color coating category,
revises VOC limits and compliance dates for Group I and
Group II single-stage metallic topcoats, Group II single-stage solid
and multistage topcoats, and Group II primer sealer,
deletes 5% usage limitation for specialty coatings,
prohibits use of coatings containing hexavalent chromium
and cadmium,
revises transfer efficiency requirements,
provides an equation for determining equivalency,
adds prohibition of sales clause,
clarifies and/or updates several definitions,
adds recordkeeping requirements for add-on control
systems,
revises test method section and clarifies language to
improve rule enforceability and effectiveness, and
adds a de minimis exemption for coatings used at training
centers.
MDAQMD Rule 1116, Automotive Refinishing Operations, includes the
following significant changes from the current SIP:
revises VOC limits and compliance dates to represent
currently achievable technology,
establishes more stringent VOC limits which will take
effect on July 1, 1997,
changes the effective date of the ``prohibition of sale''
clause,
exempts facilities emitting less than 3 lbs. of VOC per
hour or 15 lbs. of VOC per day, or which have a theoretical potential
to emit less than 10 tons of VOC per year,
deletes the precoat category, and
adds a definition for multistage topcoats.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD Rule 1125, Metal Container, Closure, and Coil Coating
Operations; SCAQMD Rule 1126, Magnet Wire Coating Operations; SCAQMD
Rule 1151, Motor Vehicle and Mobile Equipment Non-Assembly Line Coating
Operations; and MDAQMD Rule 1116, Automotive Refinishing Operations,
are being approved under section 110(k)(3) of the CAA as meeting the
requirements of section 110(a) and Part D. The final action on these
rules serves as a final determination that the deficiencies in these
rules have been corrected. Therefore, if this direct final action is
not withdrawn, on August 14, 1995, any sanction or FIP clock 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 notice 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 [[Page 31084]] publication, the EPA states its intention to
convert the direct final to a proposal should adverse or critical
comments be filed. Thus, this direct final action will be effective
August 14, 1995, unless, by July 13, 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 notice 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 the direct final action will be effective August 14, 1995.
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).
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,
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: May 19, 1995.
Alexis Strauss,
Acting 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.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c)(214), (215),
and (216) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(214) New and amended regulations for the following APCDs were
submitted on January 24, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1151, adopted on December 9, 1994.
(215) New and amended regulations for the following APCDs were
submitted on February 24, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1125 and 1126, adopted on January 13, 1995.
(216) New and amended regulations for the following APCDs were
submitted on March 31, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Mojave Desert Air Quality Management District.
(1) Rule 1116, adopted on February 22, 1995.
[FR Doc. 95-14391 Filed 6-12-95; 8:45 am]
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