[Federal Register Volume 63, Number 117 (Thursday, June 18, 1998)]
[Proposed Rules]
[Pages 33312-33314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16255]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 187-0064; FRL-6112-1]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a revision to the California State
Implementation Plan (SIP) which concerns the control of volatile
organic compound (VOC) emissions from architectural coatings.
The intended effect of proposing approval of this rule is to
regulate emissions of VOCs in accordance with the requirements of the
Clean Air Act, as amended in 1990 (CAA or the Act). EPA's final action
on this proposed rulemaking will incorporate this rule into the
federally approved SIP. EPA has evaluated this rule and is proposing to
approve it 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: Comments must be received on or before July 20, 1998.
ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901.
Copies of the rule revisions and EPA's evaluation report of this
rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rule revisions
are also available for inspection at the following locations:
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 91765-4182.
FOR FURTHER INFORMATION CONTACT: Yvonne Fong, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1199.
SUPPLEMENTARY INFORMATION:
I. Applicability
This Federal Register action for the South Coast Air Quality
Management
[[Page 33313]]
District excludes the Los Angeles County portion of the Southeast
Desert AQMD, 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 rule
being proposed for approval into the California SIP is South Coast Air
Quality Management District (SCAQMD) Rule 1113, Architectural Coatings.
This rule was submitted by the California Air Resources Board to EPA on
November 26, 1996.
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 CAA or pre-amended Act), that included the Los Angeles-South
Coast Air Basin Area. 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 pre-amended Act, that the above district's 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. Section 110(a)(2)(A) of the Act requires that plans which are
submitted to the EPA in order to achieve or maintain the National
Ambient Air Quality Standards (NAAQS) contain enforceable emission
limitations. The Los Angeles-South Coast Air Basin Area has retained
its designation of nonattainment and is classified as extreme.\1\
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\1\ The Los Angeles-South Coast Air Basin Area 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 56 FR 56694 (November 6, 1991).
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The State of California submitted many rules for incorporation into
its SIP on November 26, 1996, including the rule being acted on in this
document. This document addresses EPA's proposed action for South Coast
Air Quality Management District Rule 1113, Architectural Coatings. The
South Coast Air Quality Management District adopted Rule 1113 on
November 8, 1996. This submitted rule was found to be complete on
February 11, 1997 pursuant to EPA's completeness criteria that are set
forth in 40 CFR part 51, appendix V \2\ and is being proposed for
approval into the SIP.
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\2\ 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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The South Coast Air Quality Management District Rule 1113 controls
volatile organic compound (VOC) emissions from architectural coatings.
VOCs contribute to the production of ground-level ozone and smog. This
rule was adopted as part of the district's efforts to achieve the NAAQS
for ozone and in response to EPA's SIP-Call and the section
110(a)(2)(A) CAA requirement. The following is EPA's evaluation and
proposed action for this rule.
III. EPA Evaluation and Proposed 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).
In addition, this rule was evaluated against the general
requirements of the Clean Air Act (section 110 and part D), 40 CFR part
52, ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations--Clarification to Appendix D of November 24, 1987 Federal
Register'' (EPA's ``Blue Book''), and the EPA Region IX--California Air
Resources Board document entitled ``Guidance Document for Correcting
VOC Rule Deficiencies'' (April 1991). In general, these guidance
documents have been set forth to ensure that VOC rules are fully
enforceable and strengthen or maintain the SIP.
On January 24, 1985, EPA approved into the SIP a version of Rule
1113, Architectural Coatings that had been adopted by the SCAQMD on
March 16, 1984. The version of Rule 1113 currently included in the SIP
was also used to evaluate the version being proposed for approval. The
SCAQMD Rule 1113 submitted on November 26, 1996 includes the following
significant changes from the current SIP:
Addition, deletion, and consolidation of definitions
(section (b));
Future low-VOC limits for the following coating
categories: flats, lacquers, multi-color, and traffic coatings (section
(c)(2));
VOC content limits for the following specialty coating
categories: japans, magnesite, and fire-proofing coatings (section
(c)(2));
VOC content limits for previously exempted specialty
coating categories (section (c)(2));
Requirement that VOC containing materials must be stored
in closed containers (section (c)(5));
Averaging provision to allow manufacturers to average the
VOC content of their flat coatings, on a sales weighted basis (section
(c)(6) and appendix A);
Language clarifying how exceedances of allowable emissions
will be handled when a source uses averaging (appendix A);
Labeling requirements for quick-dry enamels and quick-dry
primers, sealers, and undercoaters (section (d)(4));
Test methods for determining VOC content, acid content,
metal content, flame spread index, drying times, and gloss (section
(e));
Technology assessment for flat and lacquer coating
categories (section (f));
Additional reporting requirements for manufacturers
utilizing the exemption for quick-dry primers, sealers, and
undercoaters (section (g)(2));
Exemption for lacquers to add up to 10% retarder above the
VOC limit during cool, humid days to prevent blushing of acetone
formulated lacquers with a maximum VOC content of 550 g/L (section
(g)(3)); and
Small business exemption from lower future effective VOC
limits for lacquers and flats (section (g)(4)). In the aggregate, these
changes to the SIP approved rule provide additional flexibility and
recognition of some specialty products without relaxing the
requirements of the rule.
The SCAQMD staff report for Rule 1113 projects that the submitted
rule will reduce VOC emissions from architectural coatings by 17.2% by
the year 2010. In contrast, control measure CTS-07 of SCAQMD's 1994 Air
Quality Management Plan (AQMP) commits SCAQMD to reduce architectural
coating emissions by 75% by 2010. EPA approved the 1994 AQMP, and thus
the 75% commitment, into the SIP on September 26, 1996 (52 FR 1150,
January 8, 1997). The AQMP relies on the concept that each industry
will reduce its fair share of emissions. Therefore, the 17.2% reduction
is ``only a fraction of the 75% emission reduction that will eventually
be required from AIM coatings to provide their fair share of the
required emission reductions'' (page 8, District staff recommendation
to Board regarding Board meeting to be held on November 8, 1996 to
amend Rule 1113).
EPA has evaluated the submitted rule and has determined that it is
enforceable and strengthens the applicable SIP. Therefore, South Coast
Air Quality Management District Rule
[[Page 33314]]
1113, Architectural Coatings is being proposed for approval under
section 110(k)(3) of the CAA in light of EPA's authority pursuant to
section 301(a) to adopt regulations necessary to further air quality by
strengthening the SIP. The submitted version of Rule 1113 strengthens
the SIP by updating a portion of the SIP for the Los Angeles Air Basin
that has not been revised since 1985. EPA notes, however, that the
submitted rule does not fulfill SCAQMD's SIP-approved commitment in
CTS-07 to reduce VOCs from architectural coatings by 75%. Air quality
progress and attainment of the public health-based ozone standard both
require that the District pursue expeditiously further emission
reductions from this large segment of the South Coast VOC emissions
inventory.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state 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.
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 review.
The proposed rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks,'' because it is not an ``economically significant'' action under
E.O. 12866.
B. Regulatory Flexibility Act
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, 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 impose any new requirements,
the Administrator certifies 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 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).
C. 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
costs to State, local, or tribal governments in the aggregate; or to
the 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 proposed does not
include a Federal mandate that may result in estimated 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
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements, Volatile organic compound.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 7, 1998.
Felicia Marcus,
Regional Administrator, Region IX.
[FR Doc. 98-16255 Filed 6-17-98; 8:45 am]
BILLING CODE 6560-50-P
