[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Rules and Regulations]
[Pages 36227-36230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17269]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 144-5-7100a; FRL-5256-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District and Santa Barbara 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 (SIP). The revisions concern rules
from the following districts: South Coast Air Quality Management
District (SCAQMD) and Santa Barbara County Air Pollution Control
District (SBAPCD). 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 these rules
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
marine coating operations, coating of metal parts and products, motor
vehicle assembly line coating operations, solvent cleaning operations,
architectural coatings, and motor vehicle and mobile equipment 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 final rule is effective on September 12, 1995 unless
adverse or critical comments are received by August 14, 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, S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812-2815
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive B-23, Goleta, CA 93117
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's
Rule 1106, Marine Coating Operations; Rule 1107, Coating of Metal Parts
and Products; Rule 1115, Motor Vehicle Assembly Line Coating
Operations; Rule 1171, Solvent Cleaning Operations and SBAPCD's Rule
323, Architectural Coatings and Rule 339, Motor Vehicle and Mobile
Equipment Coating Operations. These rules were submitted by the
California Air Resources Board (CARB) to EPA on February 24, 1995 (Rule
1106), April 13, 1995 (Rule 339), May 24, 1995 (Rule 323) and June 16,
1995 (Rules 1107, 1115 and 1171).
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
and the Santa Barbara, Santa Maria and Lompoc Area (Santa Barbara
County). 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
[[Page 36228]]
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) 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 Santa Barbara County is classified as moderate 2;
therefore, these areas were 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 and Santa Barbara 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 55 FR 56694 (November 6, 1991).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on February 24, 1995, April 13, 1995, May
24, 1995 and June 16, 1995, including the rules being acted on in this
notice. This notice addresses EPA's direct-final action for the
SCAQMD's Rule 1106, Marine Coating Operations; Rule 1107, Coating of
Metal Parts and Products; Rule 1115, Motor Vehicle Assembly Line
Coating Operations; Rule 1171, Solvent Cleaning Operations and for the
SBAPCD's Rule 323, Architectural Coatings, and Rule 339, Motor Vehicle
and Mobile Equipment Coating Operations. The SCAQMD adopted Rule 1106
on January 13, 1995 and Rules 1107, 1115, and 1171 on May 12, 1995. The
SBAPCD adopted Rule 323 on March 16, 1995 and Rule 339 on December 15,
1994. The submitted SCAQMD's Rule 1106 was found to be complete on
March 10, 1995; SCAQMD's Rules 1107, 1115 and 1171 and SBAPCD's Rule
323 were found to be complete on June 23, 1995; and SBAPCD's Rule 339
was found to be complete on May 2, 1995 pursuant to EPA's completeness
criteria that are set forth in 40 CFR part 51 Appendix V 3 and are
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).
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SCAQMD's Rule 1106 controls VOC emissions from the coating of
marine vessels and their parts, SCAQMD's Rule 1107 controls VOC
emissions from the coating of metal parts and products except those
performed on aerospace assembly, magnet wire, marine craft, motor
vehicle, metal container, and coil coating operations, SCAQMD's Rule
1115 limits VOC emissions from coating operations conducted on assembly
lines during manufacturing of new motor vehicles, and SCAQMD's Rule
1171 controls VOC emissions from solvent cleaning operations and
activities. SBAPCD's Rule 323 controls emissions of VOCs from the
application of coatings to architectural structures and their
appurtenances, to mobile homes, to pavements and to curbs, and SBAPCD's
Rule 339 limits emissions of VOCs from automotive refinishing
operations. VOCs contribute to the production of ground level ozone and
smog. These rules were originally adopted as part of SCAQMD's and
SBAPCD'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 SCAQMD's Rule 1107 is entitled Control of Volatile
Organic Emissions from Existing Stationary Sources--Volume VI: Surface
Coating of Miscellaneous Metal Parts and Products, U.S. Environmental
Protection Agency, Office of Air Quality Planning and Standards, June
1978, EPA-450/2-78-015. The CTG applicable to SCAQMD's Rule 1115 is
entitled Control of Volatile Organic Emissions from Existing Stationary
Sources--Volume I: Surface Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks. U.S. Environmental Protection
Agency, Office of Air Quality and Standards, May 1977, EPA-450/2-77-
008. SCAQMD's Rules 1106 and 1171 and SBAPCD's Rules 323 and 339
control emissions from source categories for which EPA has not issued a
CTG. Accordingly, these rules were evaluated against the
interpretations 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) 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 1106, Marine Coating Operations, includes
the following significant changes from the current SIP:
Revised statement of rule applicability.
Added definition for aerosol product.
Revised definition of exempt compounds.
Revised table of VOC content standards.
Added control device equivalency language.
Added test method specification.
Added aerosol exemption.
SCAQMD's submitted Rule 1107, Coating of Metal Parts and Products,
includes the following significant changes from the current SIP:
Added rule applicability section.
[[Page 36229]]
Revised the VOC content limits for coatings covered by
this rule.
Removed executive officer discretion to choose capture
efficiency source testing methodology.
Added EPA method 25 and 25A with respect to determining
efficiency of add-on control equipment.
Incorporated SCAQMD ``Spray Equipment Transfer Efficiency
Test Procedure dated May 24, 1989.
Modified exemption for all non-compliant coating use to an
aggregate of 55 gallons per year.
Added the requirements to keep records of key operating
parameters of control equipment.
Added EPA approved test methods to determine VOC content
and exempt solvent content.
SCAQMD's submitted Rule 1115, Motor Vehicle Assembly Line Coating
Operations, includes the following significant changes from the current
SIP:
Added purpose and applicability section.
Reduced VOC limits to be in line with applicable CTG
limits.
Added the requirement to use EPAs ``Protocol for
Determining the Daily Volatile Organic Compound Emission Rate of
Automobile and Light-Duty Truck Topcoat Operation''.
Added specification for EPA approved capture and control
efficiency source test method.
Included record keeping requirement for emission control
systems.
SCAQMD's submitted Rule 1171, Solvent Cleaning Operations, includes
the following significant changes from the current SIP:
Added medical device category.
Added specialty flexographic printing category.
Modified and supplemented test method section to correct
rule deficiencies cited by EPA.
Added small usage exemption for specialty medical device
and pharmaceutical operations.
Added exemption for cleaning of application equipment used
to manufacture transdermal drug delivery systems.
SBAPCD's submitted Rule 323, Architectural Coatings, includes the
following significant changes from the current SIP:
Clarifies requirements of the rule by moving exemption
section to section B.
Added a definition for reactive organic compound (ROC).
Removes executive officer discretion by revising the
language in the test section.
Added test method for determination of exempt solvent
content.
SBAPCD's submitted Rule 339, Motor Vehicle and Mobile Equipment
Coating Operations, includes the following significant changes from the
current SIP:
Deleted spray booth requirement for undercoating if
undercoating contains no lead or chromium compounds and if the area
covered does not exceed 16 square feet.
Added definition for multi-stage topcoat.
Added definition for undercoat.
Revised VOC limits and compliance dates.
Limits pre-coat usage to no more than 25% of the amount of
primer/primer surfacer monthly usage.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD's Rule 1106, Marine Coating Operations; SCAQMD's Rule
1107, Coating of Metal Parts and Products; SCAQMD's Rule 1115, Motor
Vehicle Assembly Line Coating Operations; SCAQMD's Rule 1171, Solvent
Cleaning Operations; SBAPCD's Rule 323, Architectural Coatings; and
SBAPCD's Rule 339, Motor Vehicle and Mobile Equipment Coating
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 September 12, 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 publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective on September 12, 1995, unless, within 30 days of its
publication, 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 this action will be effective on September 12, 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).
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 the
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. To the extent that the rules being approved by this
action will impose no new requirements; such sources are
[[Page 36230]]
already subject to these regulations under State law. Accordingly, 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.
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: June 27, 1995.
Felicia Marcus,
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 paragraphs
(c)(215)(i)(A)(3), (c)(219), (c)(220), and (c)(222) and by adding and
reserving paragraph (c)(221) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(215) * * *
(i) * * *
(A) * * *
(3) Rule 1106, adopted on January 13, 1995.
* * * * *
(219) New and amended regulations for the following APCDs were
submitted on April 13, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 339, adopted December 15, 1994.
(220) New and amended regulations for the following APCDs were
submitted on May 24, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 323, adopted March 16, 1995.
* * * * *
(221) [Reserved]
(222) New and amended regulations for the following APCDs were
submitted on June 16, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1107, 1115, and 1171 adopted on May 12, 1995.
* * * * *
[FR Doc. 95-17269 Filed 7-13-95; 8:45 am]
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