Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Five Local Air Pollution Control Districts

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 014-0003a FRL-5464-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Five Local Air Pollution Control

Districts

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. The revisions concern rules from

the following: El Dorado County Air Pollution Control District

(EDCAPCD), Kern County Air Pollution Control District (KCAPCD), Placer

County Air Pollution Control District (PCAPCD), Santa Barbara County

Air Pollution Control District (SBCAPCD), and South Coast Air Quality

Management District (SCAQMD). These new and revised rules control VOC

emissions from graphic arts operations. 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 the SBCAPCD rule serves as a final determination that

the finding of nonsubmittal for this rule has been corrected and that

on the effective date of this action, the Federal Implementation Plan

(FIP) clocks is stopped. 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 12, 1996, unless adverse or

critical comments are received by July 12, 1996. 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 95814

El Dorado County APCD, 2850 Fairlane Court, Placerville, CA 95667

Kern County APCD, 2700 M. Street, Suite 290, Bakersfield, CA 93301

Placer County APCD, 11464 B. Avenue, Auburn, CA 95603

Santa Barbara County APCD, 26 Castilian Drive, B-23 Goleta, CA 93117

South Coast AQMD, 21865 E. Copley Drive, Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT:

Erik H. Beck, 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) 744-1190. Internet E-mail:

[email protected].

[[Page 29660]]

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the California SIP include: EDCAPCD

Rule 231 ``Graphic Arts Operations''; KCAPCD Rule 410.7, ``Graphic

Arts''; PCAPCD Rule 239, ``Graphic Arts Operations''; SBCAPCD Rule 354,

``Graphic Arts''; and SCAQMD Rule 1130.1, ``Screen Printing

Operations''. These rules were submitted by the California Air

Resources Board (CARB) to EPA on the following dates in respective

order: November 30, 1994, May 30, 1991, October 13, 1995, July 13,

1994, and November 18, 1993. All of these rules are in effect

throughout their respective districts, except PCAPCD Rule 239. This

rule is applicable only within that part of Placer County that lies

within the Sacramento Valley Air Basin.

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 Southeast Desert

Modified Air Quality Management Area, Santa Barbara--Santa Maria--

Lompoc Area, Sacramento Metro Area (which includes portions of El

Dorado County and Placer County), and the Los Angeles--South Coast Air

Basin. 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 EDCAPCD, KCAPCD, PCAPCD, SBCAPCD, and the SCAQMD 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 Los Angeles--South Coast Air Basin is

classified as extreme. The Sacramento Metro Area is classified as

severe. The Santa Barbara--Santa Maria--Lompoc Area is classified as

moderate; 2 therefore, these areas were subject to the RACT fix-up

requirement and the May 15, 1991 deadline.3

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\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 Los Angeles--South Coast Air Basin, Sacramento Metro

Area, and the Santa Barbara--Santa Maria--Lompoc Area 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). However, on April 25,

1995, EPA published a final rule granting the State's request to

reclassify the Sacramento Metro Area to severe from serious (60 CFR

20237). This reclassification became effective on June 1, 1995.

\3\ Note Bene: KCAPCD Rule 410.7 applies to that portion of Kern

County which falls outside the San Joaquin Valley Unified Air

Pollution Control District. This area is known as the Southeast

Desert Non-Air Quality Management Area, and its ozone designation is

unclassified.

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The State of California submitted many RACT rules for incorporation

into its SIP on the rule submittal dates listed in the Applicability

section above, including the rules being acted on in this document.

This document addresses EPA's direct-final action for EDCAPCD Rule 231

``Graphic Arts Operations''; KCAPCD Rule 410.7, ``Graphic Arts'';

PCAPCD Rule 239 ``Graphic Arts Operations''; SBCAPCD Rule 354,

``Graphic Arts''; and SCAQMD Rule 1130.1, ``Screen Printing

Operations''. EDCAPCD adopted Rule 231 on September 27, 1994. KCAPCD

adopted Rule 410.7 on May 6, 1991. PCAPCD adopted Rule 239 on June 8,

1995. SBCAPCD adopted Rule 354 on June 28, 1994. SCAQMD adopted Rule

1130.1 on July 9, 1993.

These submitted rules were found to be complete on the following

respective dates: January 30, 1995 (Rule 231); July 10, 1991 (Rule

410.7); November 28, 1995 (Rule 239); July 22, 1994 (Rule 354); and

December 23, 1993 (Rule 1130.1). The completeness determinations were

made pursuant to EPA's completeness criteria that are set forth in 40

CFR part 51 Appendix V.4

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\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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These rules control VOC emissions from graphic arts operations such

as screen printing, flexography, rotogravure, and others. VOCs

contribute to the production of ground level ozone and smog. These

rules were originally adopted as part of their air pollution control

agencies' 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 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 all of these rules, except SCAQMD Rule 1130.1, ``Screen

Printing Operations'', is entitled, OAQPS Guideline Series--Control of

Volatile Organic Emissions from Existing Stationary Sources--Volume

VII: Graphic Arts--Rotogravure and Flexography (Document Number EPA-

450/2-78-033). No CTG applies to SCAQMD Rule 1130.1. Accordingly, Rule

1130.1 was evaluated against interpretations of EPA policy found in the

Blue Book, referred to in footnote 1. The CTG and the Blue Book have

been set forth to ensure that VOC rules are fully enforceable and

strengthen or maintain the SIP.

EDCAPCD Rule 231 ``Graphic Arts Operations''; PCAPCD Rule 239

``Graphic Arts Operations''; SBCAPCD Rule 354, ``Graphic Arts''; and

SCAQMD Rule 1130.1, ``Screen Printing

[[Page 29661]]

Operations'', are new rules being approved into the SIP for the first

time. These rules have the following significant features:

Control emissions of VOC from rotogravure and flexography

printing and coating equipment (except SCAQMD Rule 1130.1);

Option of using emission control equipment or using

reduced VOC content inks and coatings;

Test methods for VOC content of coatings and inks;

Test methods for determining capture efficiency of an

emission control device;

Rule exemptions for firms emitting small quantities of

VOC.

In addition to the features listed above, SCAQMD Rule 1130.1 has

the following additional features:

Control of VOC emissions from screen printing operations;

Test methods for metal content of inks;

KCAPCD's submitted Rule 410.7 ``Graphic Arts,'' includes the

following significant changes from the current SIP:

Comprehensive revision of rule definitions;

Extension of the rule's applicability to include

letterpress, lithography, and screen printing;

Addition of recordkeeping requirements;

Addition of test methods;

Requirement to reduce VOC emissions from cleanup

operations;

Modified control device efficiency standards to require

more stringent controls.

EPA has evaluated the submitted rules and has determined that they

are consistent with the CAA, EPA regulations, and EPA policy.

Therefore, the following district rules are being approved under

section 110(k)(3) of the CAA as meeting the requirements of section

110(a) and Part D: EDCAPCD Rule 231 ``Graphic Arts Operations''; KCAPCD

Rule 410.7, ``Graphic Arts''; PCAPCD Rule 239 ``Graphic Arts

Operations''; SBCAPCD Rule 354, ``Graphic Arts''; and SCAQMD Rule

1130.1, ``Screen Printing Operations''.

Therefore, if this direct final action is not withdrawn, on August

12, 1996, the FIP clock associated with SBCAPCD Rule 354 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 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 August 12, 1996, unless, by July 12, 1996, 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 August 12, 1996.

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 populations 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 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. The rules being approved by this action will impose no

new requirements because affected sources are already subject to these

regulations under State law. Therefore, 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.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. 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: April 13, 1996.

Felicia Marcus,

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.

[[Page 29662]]

Subpart F--California

2. Section 52.220 is amended by adding paragraphs

(c)(185)(i)(A)(9), (194)(i)(G), (198)(i)(K), (207)(i)(B)(2), and

(225)(i)(B)(3) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(185) * * *

(i) * * *

(A) * * *

(9) Rule 410.7, adopted May 6, 1991.

* * * * *

(194) * * *

(i) * * *

(G) South Coast Air Quality Management District.

(1) Rule 1130.1, adopted July 9, 1993.

* * * * *

(198) * * *

(i) * * *

(K) Santa Barbara County Air Pollution Control District.

(1) Rule 354, adopted June 28, 1994.

* * * * *

(207) * * *

(i) * * *

(B) * * *

(2) Rule 231, adopted September 27, 1994.

* * * * *

(225) * * *

(i) * * *

(B) * * *

(3) Rule 239, adopted June 8, 1995.

* * * * *

[FR Doc. 96-14784 Filed 6-11-96; 8:45 am]

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