Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Bay Area Air Quality Management District

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:

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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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