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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 038-100a; FRL-6334-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast 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. The revisions concern rules from

South Coast Air Quality Management District (SCAQMD). 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 paper, fabric, and film

coating operations; graphic arts; coatings and ink manufacturing;

plastic, rubber and glass coatings; motor vehicle and mobile equipment

non-assembly line coating operations; and solvent cleaning 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 rule is effective on July 6, 1999 without further notice,

unless EPA receives adverse comments by June 3, 1999. If EPA received

such comment, then it will publish a timely withdrawal in the Federal

Register informing the public that this rule will not take effect.

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 95812

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, CA 91765

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office,

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

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

1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

This Federal Register action for the South Coast Air Quality

Management District excludes the Los Angeles portion of the Southeast

Desert AQMA, otherwise known as the Antelope Valley Region in Los

Angeles County, which is now under the jurisdiction of the Antelope

Valley Air Pollution Control District as of July 1, 1997. The rules

being approved into the California State SIP include: SCAQMD Rules

1128--Paper, Fabric, and Film Coating Operations; 1130--Graphic Arts;

1141.1--Coatings and Ink Manufacturing; 1145--Plastic, Rubber, and

Glass Coatings; 1151--Motor Vehicle and Mobile Equipment Non-Assembly

Line Coating Operations; and 1171--Solvent Cleaning Operations. These

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

EPA on July 23, 1996 (1128, 1130), September 14, 1992 (1141.1), August

1, 1997 (1145), and March 10, 1998 (1151, 1171).

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 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 above district's portions 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-amendment guidance.1 EPA's SIP-Call used

that guidance to indicate the necessary corrections for specific

nonattainment areas. The South Coast Air Basin is classified as

extreme;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\ The South Coast Air Basin 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.

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The State of California submitted many revised RACT rules for

incorporation into its SIP on July 23, 1996, September 14, 1992, August

1, 1997, and March 10, 1998, including the rules being acted on in this

document. This document addresses EPA's direct-final action for SCAQMD

Rules 1128--Paper, Fabric, and Film Coating Operations; 1130--Graphic

Arts; 1141.1--Coatings and Ink Manufacturing; 1145--Plastic, Rubber,

and Glass Coatings; 1151--Motor Vehicle and Mobile Equipment Non-

Assembly Line Coating Operations; and 1171--Solvent Cleaning

Operations. SCAQMD amended Rules 1128 and 1130 on March 8, 1996, Rule

1141.1 on March 6, 1992, Rule 1145 on February 14, 1997 and Rules 1151

and 1171 on June 13, 1997. These submitted rules were found to be

complete on October 30, 1996 (1128, 1130), November 20, 1992 (1141.1),

September 30, 1997 (1145), and May 21, 1998 (1151, 1171) 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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These Rules control emissions of VOCs from the following source

categories: 1128--operations that apply coatings to paper, fabric or

film

[[Page 23775]]

substrates, 1130--graphic arts operations, 1141.1--coatings and ink

manufacturing establishments, 1145--plastic, rubber, and glass coating

operations, 1151--automotive refinishing operations, and 1171--solvent

cleaning operations during production, repair, maintenance or servicing

of parts, products, tools, machinery, equipment, or general work areas.

VOCs contribute to the production of ground level ozone and smog. This

rule was originally adopted as part of SCAQMD's 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. The

following is EPA's evaluation and final action for this rule.

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 CTG

applicable to rule 1128 is entitled, Control of Volatile Organic

Emissions from Existing Stationary Sources--Volume II: Surface Coating

of Cans, Coils, Paper, Fabric, Automobiles, and Light-Duty Trucks, EPA-

450/2-77-008, May 1977, and the CTG applicable to Rule 1130 is

entitled, Control of Volatile Organic Emissions from Existing

Stationary Sources--Volume VIII: Graphic Arts, Rotogravure and

Flexography, EPA-450/2-78-033, December 1978, Rules 1141.1, 1145, 1151

and 1171 control emissions from source categories for which EPA has not

published a CTG. Accordingly, these rules were evaluated for

consistency with the general RACT requirements of the Clean Air Act

(CAA section 110 and part D. Rule 1151 was also evaluated against

subpart E of 40 CFR part 59, National Volatile Organic Compound

Emission Standard for Automobile Refinish Coatings. Further

interpretations of EPA policy are found in the Blue Book, referred to

in footnote 1. In general, these guidance documents have been set forth

to ensure that VOC rules are fully enforceable and strengthen or

maintain the SIP.

On December 20, 1993, EPA approved into the SIP a version of Rule

1128--Paper, Fabric, and Film Coating Operations that had been adopted

by SCAQMD on February 7, 1992. SCAQMD submitted Rule 1128--Paper,

Fabric, and Film Coating Operations includes the following significant

changes from the current SIP:

Added definition of aerosol coating product;

Deleted listing the exempt compounds and added wording to

refer to Rule 102--Definition of Terms;

Changed the wording of the aerosol coatings exemption to

increase clarity of the rule.

On October 31, 1995, EPA approved into the SIP a version of Rule

1130--Graphic Arts that had been adopted by SCAQMD on September 8,

1995. SCAQMD submitted Rule 1130--Graphic Arts includes the following

significant changes from the current SIP:

Added definition of aerosol coating product;

Added an exemption for aerosol coating products.

On January 24, 1985, EPA approved into the SIP a version of Rule

1141.1--Coating and Ink Manufacturing that had been adopted by SCAQMD

on November 4, 1983. SCAQMD submitted Rule 1141.1--Coatings and Ink

Manufacturing includes the following significant changes from the

current SIP:

Changed rule format to agree with format of current SCAQMD

rules;

Added an exempt compound listing;

Added definition of VOC;

Updated record keeping requirements, and extended record

retention time from one to two years.

On December 20, 1993, EPA approved into the SIP a version of Rule

1145 that had been adopted by SCAQMD on January 10, 1992. SCAQMD Rule

1145--Coating and Ink Manufacturing includes the following significant

changes from the current SIP:

A lower VOC limit for electric dissipating and shock free

coatings;

Removed language used to regulate solvent cleaning

activities, and added reference to Rule 1171--Solvent Cleaning

Operations.

Changed the default transfer efficiency provision to a

value of not less than 65% in place of the high-volume, low-pressure

(HVLP) spray equipment standard;

Exempted air-brush operations from transfer efficiency

requirements;

Updated compliance test methods, to reflect the most

recent test methods.

On June 13, 1996, EPA approved into the SIP a version of Rule

1151--Motor Vehicle and Mobile Equipment Non-Assembly Line Coating

Operations that had been adopted by SCAQMD on September 9, 1994. SCAQMD

submitted Rule 1151--Motor Vehicle and Mobile Equipment Non-Assembly

Line Coating Operations includes the following significant changes from

the current SIP:

Updated definition of aerosol coatings;

Deleted listing of exempt compounds and added reference to

Rule 102--Definition of Terms;

Added an exemption for aerosol coatings to be consistent

with amendments to State of California Health and Safety Code Section

41712.

On July 14, 1995, EPA approved into the SIP a version of Rule

1171--Solvent Cleaning Operations that had been adopted by SCAQMD on

May 12, 1995. SCAQMD submitted Rule 1171--Solvent Cleaning Operations

includes the following significant changes from the current SIP:

Deleted listing of exempt compounds, and added reference

to Rule 102--Definition of Terms;

Added VOC limits for solvents to clean electrical

apparatus.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, SCAQMD Rules 1128--Paper, Fabric, and Film Coating

Operations; 1130--Graphic Arts; 1141.1--Coatings and Ink; 1145--

Plastic, Rubber, and Glass Coatings; 1151--Motor Vehicles and Mobile

Equipment Non-Assembly Line Coating Operations; and 1171--Solvent

Cleaning Operations are being 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.

[[Page 23776]]

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This rule will be effective July 6,

1999 without further notice unless the Agency receives relevant adverse

comments by June 3, 1999.

If the EPA received such comments, then EPA will publish a timely

withdrawal of the direct final rule and inform the public that the rule

will not take effect. All public comments received will then be

addressed in a subsequent final rule based on the proposed rule. The

EPA will not institute a second comment period on this rule. Any

parties interested in commenting on this rule should do so at this

time. If no such comments are received, the public is advised that this

rule will be effective on July 6, 1999 and no further action will be

taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under Executive Order 12875, Enhancing the Intergovernmental

Partnership, EPA may not issue a regulation that is not required by

statute and that creates a mandate upon a state, local, or tribal

government, unless the Federal government provides the funds necessary

to pay the direct compliance costs incurred by those governments, or

EPA consults with those governments. If EPA complies by consulting,

Executive Order 12875 requires EPA to provide to the Office of

Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under Executive Order 13084, Consultation and Coordination with

Indian Tribal Governments, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected and other representatives of

Indian tribal governments ``to provide meaningful and timely input in

the development of regulatory policies on matters that significantly or

uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. Accordingly, the requirements

of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of 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).

F. 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

annual 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 annual 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

[[Page 23777]]

under State or local law, and imposes no new requirements. Accordingly,

no additional costs to State, local, or tribal governments, or to the

private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the Federal Register. This rule is not a

``major'' rule as defined by 5 U.S.C. 804(2).

H. 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 July 6, 1999. 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: April 21, 1999.

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 paragraphs

(c)(189)(i)(A)(7), (c)(239)(i)(B), (c)(248)(i)(B)(3) and

(c)(254)(i)(D)(2) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(189) * * *

(i) * * *

(A) * * *

(7) Rule 1141.1, adopted on November 4, 1983 and amended on March

6, 1992.

* * * * *

(239) * * *

(i) * * *

(B) South Coast Air Quality Management District.

(1) Rule 1128, adopted on May 4, 1979 and amended on March 8, 1996,

and Rule 1130, adopted on October 3, 1980 and amended on March 8, 1996.

* * * * *

(248) * * *

(i) * * *

(B) * * *

(3) Rule 1145, adopted on July 8, 1983 and amended on February 14,

1997.

* * * * *

(254) * * *

(i) * * *

(D) * * *

(2) Rule 1151, adopted on July 8, 1988 and amended on June 13,

1997, and Rule 1171, adopted on August 2, 1991 and amended on June 13,

1997.

* * * * *

[FR Doc. 99-11039 Filed 5-3-99; 8:45 am]

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