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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA179-0052a] [FRL-5911-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Mojave Desert 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 a revision to the

California State Implementation Plan (SIP). The revision concerns Rule

1115 from the Mojave Desert Air Quality Management District (MDAQMD).

This approval action will incorporate Rule 1115 into the federally

approved SIP. The intended effect of approving this rule 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 rule controls VOC emissions from metal parts and products

coating operations. Thus, EPA is finalizing the approval of this

revision 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 February 23, 1998, unless adverse or

critical comments are received by January 22, 1998. If the effective

date is delayed, a 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

Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite

200, Victorville, CA 92392

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 rule being approved into the California SIP is Rule 1115, Metal

Parts and Products Coating Operations. This rule was submitted by the

California Air Resources Board (CARB) to EPA on July 23, 1996.

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 the Mojave Desert portion

of San Bernardino County, California (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 above district's portion

of the California SIP was 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-amended guidance.\1\ EPA's SIP-Call used that

guidance to indicate the necessary corrections for specific

nonattainment areas. The Mojave Desert portion of San Bernardino County

is classified as ``severe''.\2\ Therefore, this area was 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\ Mojave Desert retained its designation of nonattainment and

was 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 July 23, 1996, including the rule being

acted on in this document. This document addresses EPA's direct-final

action for MDAQMD Rule 1115, Metal Parts and Products Coating

Operations. MDAQMD revised and adopted Rule 1115 on April 22, 1996.

This submitted rule was 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 \3\ and is being finalized for approval into the

SIP.

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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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MDAQMD Rule 1115 is a prohibitory rule governing the use and

application of coating compounds containing photochemically reactive

volatile organic compounds (VOCs) in the metal parts and products

coating industry. VOCs contribute to the production of ground level

ozone and smog. This rule was originally adopted as part of the MDAQMD

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.

Formerly, on January 5, 1993, EPA proposed a limited approval/

disapproval of MDAQMD's Rule 1115 (see 58 FR 322). This version of Rule

1115 was adopted by MDAQMD on March 2, 1992 and submitted by the CARB

to EPA on June 19, 1992 as a revision to the California SIP. EPA has

not taken final action on the January 5, 1993 proposal.

In response to EPA's January 5, 1993 proposal, the MDAQMD Board

amended Rule 1115 and adopted these revisions

[[Page 67003]]

on April 22, 1996. The CARB submitted the revised rule to EPA on July

23, 1996. This revision of Rule 1115 is the subject of today's approval

action. EPA's evaluation and final action for this rule follows 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 one. Among those

provisions is the requirement that a VOC rule must, at a minimum,

provided 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 this rule is entitled, ``Control of Volatile Organic

Emissions from Exist Stationary Sources Volume VI: Surface Coating of

Miscellaneous Metal Parts and Products,'' USEPA, June 1978, EPA-450/2-

78-015. 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.

Currently, there is no version of MDAQMD Rule 1115, Miscellaneous

Metal Parts and Products Coating Operations, in the SIP. The submitted

rule includes the following provisions: rule applicability;

definitions, coating requirements; add-on emission control device

requirements; exceptions from the rule; administrative requirements;

monitoring and records; and test methods for determining compliance

with the rule.

EPA has evaluated the submitted rule and has determined that it is

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

MDAQMD Rule 1115, Miscellaneous Metal Parts and Products Coating

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

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

information, EPA's review of the April 22, 1996 version of Rule 1115

can be found in the ``Technical Support Document'' for today's

rulemaking action.

As discussed earlier, in response to EPA's January 5, 1993 proposed

limited approval/disapproval action, the MDAQMD Board amended Rule 1115

on April 22, 1996. The MDAQMD Board responded to EPA's comments within

the proposed limited approval/disapproval and subsequent correspondence

by correcting the listed rule deficiencies and providing a rule

consistent with EPA regulations and policy. Therefore, given today's

approval action, EPA does not intend to finalize the January 5, 1993

proposal.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future implementation

plan. Each request 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 February 23, 1998, 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 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 February 23, 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

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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 February 23, 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 27, 1997.

Felicia Marcus,

Regional Administrator, Region IX.

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 et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraph (c)(239)(i)(A)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(A) * * *

(2) Rule 1115, adopted on March 2, 1992 and amended on April 22,

1996.

* * * * *

[FR Doc. 97-33321 Filed 12-22-97; 8:45 am]

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