Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Mojave Desert Air Quality Management District and South Coast Air Quality Management District

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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