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

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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