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 179-0057 FRL-5934-8]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Bay Area Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California

State Implementation Plan (SIP) proposed in the Federal Register on

August 4, 1997. The revisions concern rules from the Bay Area Air

Quality District (BAAQMD). This approval action will incorporate these

rules into the federally approved SIP. The intended effect of approving

these rules is to incorporate BAAQMD rules with updated definitions

which include a revised definition of volatile organic compound (VOC)

into the federally approved SIP.

EFFECTIVE DATE: This action is effective on January 22, 1998.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for

the rules 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, SW., Washington, DC 20460.

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:

I. Applicability

The rules being approved into the California SIP include the

following BAAQMD rules: 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.

[[Page 66999]]

II. Background

On August 4,1997 in 62 FR 41905, EPA proposed to approve the

following BAAQMD rules into the California SIP: 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. These rules were adopted by BAAQMD on

December 20, 1995 and were submitted by the CARB to EPA on July 23,

1996.

EPA has evaluated the revised definitions in the above rules for

consistency with federal and state definitions. This action will result

in a more accurate assessment of ozone formation potential, will remove

unnecessary control requirements and will assist States in avoiding

exceedences of the ozone health standard by focusing control efforts on

compounds which are actual ozone procursors. A detailed discussion of

the rule provisions and evaluations has been provided in 62 FR 41865

and in technical support documents (TSDs) available at EPA's Region IX

office (TSDs dated April 10, 1997).

III. Response to Public Comments

A 30-day public comment period was provided in 62 FR 41865. EPA

received one comment from the BAAQMD on the direct final rule. BAAQMD

commented that clarification was needed in EPA's approval to reflect

the exact compounds being exempted. EPA stated that the district rules'

definition of VOC and exempt compounds are consistent with EPA's

definitions because the rules were revised to exempt three compounds

(acetone, parachlorobenzotrifluoride (PCBTF) and cyclic, branched, or

linear, completely methylated siloxanes (VMS)) exempted by EPA. By the

time these rules were submitted to EPA by CARB on July 23, 1996, EPA

had made additional revisions to the definition of VOC and exempt

compounds. BAAQMD want the final rule to reflect that the submitted

rules to not exempt compounds exempted by EPA after December 20, 1995

(the date the rules were adopted). EPA has evaluated BAAQMD's comment

and agrees that clarification is needed. The comment does not effect

the EPA's approval of Rules 8-4, 8-11, 8-12, 8-13, 8-14, 8-19, 8-20, 8-

23, 8-29, 8-31, 8-32, 8-38, 8-43, 8-45, and 8-50 into the SIP, it

clarifies the compounds exempted. Therefore, EPA is now approving the

submitted BAAQMD rules.

IV. EPA Action

EPA is finalizing action to approve the above rules for inclusion

into the California SIP. EPA is approving the submittal under section

110(k)(3) as meeting the requirements of section 110(a) and Part D of

the CAA. This approval action will incorporate these rules into the

federally-approved SIP. The intended effect of approving these rules is

to regulate emissions of VOCs in accordance with the requirements of

the CAA.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state 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.

V. 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'' 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

[[Page 67000]]

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: December 2, 1997.

Harry Seraydarian,

Acting 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)(E)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(E) * * *

(2) 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, Rule 8-50 amended on December 20, 1995.

* * * * *

[FR Doc. 97-33324 Filed 12-22-97; 8:45 am]

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