[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 44909-44912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22515]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 157-0046a; FRL-5881-1]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, San Joaquin Valley Unified Air
Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on a revision to the
California State Implementation Plan. The revision concerns a rule from
the San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD). This approval action will incorporate this rule into the
federally approved SIP. The intended effect of approving this rule 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 rule controls VOC
[[Page 44910]]
emissions from adhesives. Thus, EPA is finalizing the approval of this
revision 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 October 24, 1997 unless adverse or
critical comments are received by September 24, 1997. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
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 this 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 92123-1095
San Joaquin Valley Unified Air Pollution Control District, 1999
Tuolumne Street, Suite #200, Fresno, CA 93721
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, Telephone: (415) 744-1199.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rule being approved into the California SIP, SJVUAPCD Rule
4653, Adhesives, was submitted by the California Air Resources Board to
EPA on August 10, 1995.
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 San Joaquin Valley
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 1977
Act, that the above district's portion 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 San Joaquin Valley Area is classified as
serious; 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 San Joaquin Valley 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).
---------------------------------------------------------------------------
The State of California submitted many revised RACT rules for
incorporation into its SIP on August 10, 1995, including the rule being
acted on in this document. This document addresses EPA's direct-final
action for SJVUAPCD Rule 4653, Adhesives. The SJVUAPCD adopted Rule
4653 on April 13, 1995. This submitted rule was found to be complete on
October 4, 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 5824) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
---------------------------------------------------------------------------
SJVUAPCD Rule 4653 limits the volatile organic compound (VOC)
emissions resulting from the application of adhesives. VOCs contribute
to the production of ground level ozone and smog. This rule was
originally adopted as part of SJVUAPCD'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).
There are no CTGs directly applicable to SJVUAPCD Rule 4653.
Consequently, in addition to being evaluated against the general
requirements of the CAA, this rule was also evaluated against ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations--
Clarification to Appendix D of November 24, 1987 Federal Register''
(EPA's ``Blue Book'' referred to in footnote 1), and against other EPA
policies including 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.
There is currently no version of SJVUAPCD Rule 4653, Adhesives in
the SIP. The submitted rule includes the following provisions:
A clear delineation of the rule's applicability;
VOC content limits for adhesives, adhesive primers, and
cleaning materials;
[[Page 44911]]
Specific application techniques and good housekeeping
practices;
Requirements that persons opting to use control equipment
achieve a combined control and capture efficiency of at least 85
percent and keep daily records of key operating parameters;
Prohibition of the sale of non-compliant adhesive products
within the District to persons not using add-on control and
prescription that persons selling non-compliant adhesives record sales
information;
Requirements for daily records of the type and quantity of
all adhesives, primers, and cleaning materials used;
Labeling requirements for adhesive product manufacturers;
Test methods for determining VOC content and capture and
control efficiency.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
SJVUAPCD Rule 4653, Adhesives is 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 October 24, 1997, 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 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
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 October 24, 1997.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
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 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 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 promulgated 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.
D. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by
section 804(2) of the APA as amended.
E. 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 October 24, 1997. 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: August 6, 1997
David P. Howekamp,
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]
Subpart F--California
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
[[Page 44912]]
2. Section 52.220 is amended by adding paragraph (c)(224)(i)(D) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(224) * * *
(i) * * *
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4653, adopted on April 13, 1995.
* * * * *
[FR Doc. 97-22515 Filed 8-22-97; 8:45 am]
BILLING CODE 6560-50-P
