[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41865-41867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20363]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 179-0045a; FRL-5863-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Bay Area 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. This action is an administrative
change which revises the definition of volatile organic compounds (VOC)
and updates the Exempt Compound list in rules from the Bay Area Air
Quality Management District (BAAQMD). The intended effect of approving
this action is to incorporate changes to the definition of VOC and to
update the Exempt Compound list in BAAQMD rules to be consistent with
the revised federal and state VOC definitions.
DATES: This action is effective on October 3, 1997 unless adverse or
critical comments are received by September 3, 1997. 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 these
rules 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 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, SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office
(Air-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1197.
SUPPLEMENTARY INFORMATION:
Applicability
The rules with definition revisions being approved into the
California SIP include the following Bay Area Air Quality Management
District Rules (BAAQMD): Rule 8-4, General Solvent and Surface Coating
Operations; Rule 8-11, Metal Container, Closure and Coil Coating; Rule
8-12, Paper, Fabric, and Film Coating; Rule 8-13, Light and Medium Duty
Motor Vehicle Assembly Plants; Rule 8-14, Surface Coating of Large
Appliance and Metal Furniture; Rule 8-19, Surface Coating of
Miscellaneous Metal Parts and Products; Rule 8-20, Graphic Arts
Printing and Coating; Rule 8-23, Coating of Flat Wood Paneling and Wood
Flat Stock; Rule 8-29, Aerospace Assembly and Component Coating
Operations; 8-31, Surface Coating of Plastic Parts and Products; Rule
8-32, Wood Products; Rule 8-38, Flexible and Rigid Disc Manufacturing;
Rule 8-43, Surface Coating of Marine Vessels; Rule 8-45, Motor Vehicle
and Mobile Equipment Coating Operations; and 8-50, Polyester Resin
Operations. These rules were submitted by the California Air Resources
Board to EPA on July 23, 1996.
Background
On June 16, 1995 (60 FR 31633) EPA published a final rule excluding
acetone from the definition of VOC. On February 7, 1996 (61 FR 4588)
EPA published a final rule excluding perchloroethylene from the
definition of VOC. On May 1, 1996 (61 FR 19231) EPA published a
proposed rule excluding HFC 43-10mee and HCFC 225ca and cb from the
definition of VOC. These compounds were determined to have negligible
photochemical reactivity and thus, were added to the Agency's list of
Exempt Compounds.
The State of California submitted many revised rules for
incorporation into its SIP on July 23, 1996, including the rules being
acted on in this administrative action. This action addresses EPA's
direct-final action for BAAQMD Rule 8-4, General Solvent and Surface
Coating Operations; Rule 8-11, Metal Container, Closure and Coil
Coating; Rule 8-12, Paper, Fabric, and Film Coating; Rule 8-13, Light
and Medium Duty Motor Vehicle Assembly Plants; Rule 8-14, Surface
Coating of Large Appliance and Metal Furniture; Rule 8-19, Surface
Coating of Miscellaneous Metal Parts and Products; Rule 8-20, Graphic
Arts Printing and Coating; Rule 8-23, Coating of Flat Wood Paneling and
Wood Flat Stock; Rule 8-29, Aerospace Assembly and Component Coating
Operations; 8-31, Surface Coating of Plastic Parts and Products; Rule
8-32, Wood Products; Rule 8-38, Flexible and Rigid Disc Manufacturing;
Rule 8-43, Surface Coating of Marine Vessels; Rule 8-45, Motor Vehicle
and Mobile Equipment Coating Operations; and 8-50, Polyester Resin
Operations. These rules were adopted by the BAAQMD on December 20, 1995
and were found to be complete on October 30, 1996, pursuant to EPA's
completeness criteria that are set forth in 40 CFR part 51 Appendix V
1 and are being finalized for approval into the SIP.
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\1\ 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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This administrative revision adds acetone, perchloroethylene, HFC
43-10mee and HCFC 225ca and cb to the list of compounds which make a
negligible contribution to tropospheric ozone formulation. Thus, EPA is
finalizing the approval of the revised definitions to be incorporated
into the California SIP for the attainment of the national ambient air
quality standards (NAAQS) for ozone under title I of the Clean Air Act
(CAA or the Act).
EPA Evaluation and Action
This administrative action is necessary to make the VOC definition
in BAAQMD rules consistent with federal and state definitions of VOC.
This action will result in more accurate assessment of ozone formation
potential, will remove unnecessary control requirements and will assist
States in avoiding exceedences of the
[[Page 41866]]
ozone health standard by focusing control efforts on compounds which
are actual ozone precursors.
The BAAQMD rules being affected by this action to revise the
definition of VOC include:
Rule 8-4 General Solvent and Surface Coating Operations
Rule 8-11 Metal Container, Closure and Coil Coating;
Rule 8-12 Paper, Fabric, and Film Coating
Rule 8-13 Light and Medium Duty Motor Vehicle Assembly Plants
Rule 8-14 Surface Coating of Large Appliance and Metal
Furniture
Rule 8-19 Surface Coating of Miscellaneous Metal Parts and
Products
Rule 8-20 Graphic Arts Printing and Coating
Rule 8-23 Coating of Flat Wood Paneling and Wood Flat Stock
Rule 8-29 Aerospace Assembly and Component Coating Operations
Rule 8-31 Surface Coating of Plastic Parts and Products
Rule 8-32 Wood Products
Rule 8-38 Flexible and Rigid Disc Manufacturing
Rule 8-43 Surface Coating of Marine Vessels
Rule 8-45 Motor Vehicle and Mobile Equipment Coating
Operations
Rule 8-50 Polyester Resin Operations
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 action 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 3, 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 action 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 3, 1997.
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
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 3, 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: July 10, 1997.
Felicia Marcus,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 41867]]
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 paragraph (c)(239)(i)(D) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(239) * * *
(i) * * *
(D) Bay Area Air Quality Management District.
(1) Rule 8-4, Rule 8-11, Rule 8-12, Rule 8-13, Rule 8-14, Rule 8-
19, Rule 8-20, Rule 8-23, Rule 8-29, Rule 8-31, Rule 8-32, Rule 8-38,
Rule 8-43, Rule 8-45, 8-50, and 8-51 adopted on December 20, 1995.
* * * * *
[FR Doc. 97-20363 Filed 8-1-97; 8:45 am]
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