Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, San Diego County Air Pollution Control District, Ventura County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 083-0053a; FRL-5911-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, San Diego County Air Pollution

Control District, Ventura 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). These revisions concern

rules from the San Diego County Air Pollution Control District

(SDCAPCD) and the Ventura County Air Pollution Control District

(VCAPCD). 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). The revised rules control VOC emissions from

metal container, metal closure, and metal coil coating operations and

marine vessel 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 January 2, 1998 unless adverse or

critical comments are received by December 3, 1997. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region

IX office listed below. 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 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,

S.W., Washington, D.C. 20460

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095

San Diego County Air Pollution Control District, 9150 Chesapeake Drive,

San Diego, CA 92123-1096

Ventura County Air Pollution Control District, 702 County Square Drive,

Ventura, California 93003.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, Rulemaking Office,

AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1226

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP include SDCAPCD's

Rule 67.4, Metal Container, Metal Closure, and Metal Coil Coating

Operations, and VCAPCD's Rule 74.24, Marine Vessel Coating Operations.

These rules were submitted by the California Air Resources Board (CARB)

to EPA on October 18, 1996 and May 24, 1994, respectively.

[[Page 59285]]

II. 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 San Diego and Ventura

counties, see 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 San Diego and Ventura county 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. San Diego County is classified as ``serious'' and

Ventura County as ``severe''.2 As a result, these areas were

subject to the RACT fix-up requirement and the May 15, 1991 deadline.

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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\ Both San Diego and Ventura counties 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 56 FR 56694 (November 6, 1991).

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The State of California submitted many revised RACT rules for

incorporation into its SIP on October 18, 1996 and May 24, 1994,

including the rules being acted on in this document. This document

addresses EPA's direct-final action on SDCAPCD's Rule 67.4, Metal

Container, Metal Closure, and Metal Coil Coating Operations, and

VCAPCD's Rule 74.24, Marine Vessel Coating Operations. SDCAPCD adopted

revisions to Rule 67.4 on July 25, 1995 and May 15, 1996. This

submitted rule was found to be complete on December 19, 1996 pursuant

to EPA's completeness criteria that are set forth in 40 CFR part 51

Appendix V.3 VCAPCD adopted Rule 74.24 on March 8, 1994. EPA

found this submitted rule complete on July 14, 1994.

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\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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EPA's review of SDCAPCD Rule 67.4 addresses two adopted revisions

of the rule, one from July 25, 1995 and May 15, 1996. These two adopted

versions of SDCAPCD 67.4 were submitted by CARB to EPA on October 18,

1996. Because the July 25, 1995 revisions to Rule 67.4 are reflected in

the later May 15, 1996 revision and adoption, this rulemaking concerns

substantively the latest adopted submittal of Rule 67.4, the May 15,

1996 rule revision.

SDCAPCD Rule 67.4 and VCAPCD Rule 74.24 are prohibitory rules

governing the use and application of coating compounds containing

photochemically reactive volatile organic compounds (VOCs) in their

respective industries, metal container, closure, and coil manufacturing

and marine vessel building, painting, and repair. VOCs contribute to

the production of ground level ozone and smog. These rules were

originally adopted as part of both the SDCAPCD and VCAPCD's respective

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. EPA's evaluation and final action for

these rules follow below.

III. 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 CTGs

applicable to these rules are as follows: ``Control of Volatile Organic

Emissions from Existing Stationary Sources Volume II: Surface Coating

of Cans, Coils, Paper, Fabrics, Automobiles, and Light Duty Trucks,''

USEPA, May 1977, EPA-450/2-77-008; and, ``Control Technique Guidelines

(CTG) for Shipbuilding and Ship Repair Operations (Surface Coating),

USEPA, 61 FR 44050-44057, August 27, 1996. Further interpretations of

EPA policy are found in the Blue Book, referred to in footnote one. In

general, these guidance documents have been set forth to ensure that

VOC rules are fully enforceable and strengthen or maintain the SIP.

On May 2, 1995, EPA approved into the SIP a version of SDCAPCD's

Rule 67.4, Metal Container, Metal Closure, and Metal Coil Coating

Operations, that had been adopted by SDCAPCD on September 27, 1994. The

revised version of SDCAPCD Rule 67.4 under consideration today includes

the following significant changes from the current SIP rule:

--Lowered VOC limits for end sealing compound for food and beverage

containers, from 440 grams/liter (gr/l) to 20 gr/l;

--Added VOC limits for exterior and interior spray coating of new (as

opposed to reconditioned) drums, pails, and lids at 340 and 420 gr/l;

--Added requirements for equipment cleaning operations;

--Exempted the use of cleaning material in quantities of less than 10

gallons per month from the prohibition of VOC containing materials;

--Updated several definitions;

--Updated and added test methods; and,

--Revised the exempt compound definition to reference Rule 2, a rule

defining exempt compounds for all rules regulating VOC emissions.

EPA has reviewed and approved Rule 2 and similar changes to other

VOC related rules for incorporation into the California SIP (see 62 FR

14659, March 27, 1997.)

EPA has evaluated SDCAPCD Rule 67.4 and has determined that it is

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

[[Page 59286]]

SDCAPCD's Rule 67.4, Metal Container, Metal Closure, and Metal Coil

Coating Operations, is approved under section 110(k)(3) of the CAA as

meeting the requirements of section 110(a) and part D.

There is no version of VCAPCD's Rule 74.24, Marine Vessel Coating

Operations, in the SIP. The submitted rule includes the following

provisions: applicability, general and specialty coating emission

limits, add-on emission control equipment requirements; allowable

exemptions from the rule, recordkeeping requirements, appropriate test

methods, violations under the rule, and a list of definitions operable

within the rule.

EPA has evaluated VCAPCD Rule 74.24 as submitted and has determined

that it is consistent with the CAA, EPA regulations, and EPA policy.

Therefore, VCPCD's Rule 74.24, Marine Vessel Coating Operations, is

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

of section 110(a) and part D.

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 January 2, 1998, unless, by December 3, 1997, 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 January 2, 1998.

IV. 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 5 U.S.C. 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 5

U.S.C. 804(2).

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 January 2, 1998. 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: September 26, 1997.

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.

[[Page 59287]]

Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c)(197)(i)(D)

and (c)(241)(i)(A)(2) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(197) * * *

(i) * * *

(D) Ventura County Air Pollution Control District.

(1) Rule 74.24, adopted on March 8, 1994.

* * * * *

(241) * * *

(i) * * *

(A) * * *

(2) Rule 67.4, revised on May 15, 1996.

* * * * *

[FR Doc. 97-29050 Filed 10-31-97; 8:45 am]

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