[Federal Register Volume 60, Number 113 (Tuesday, June 13, 1995)]
[Rules and Regulations]
[Pages 31081-31084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14391]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA-140-2-6993a; FRL-5211-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Mojave Desert Air Quality 
Management District and 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 (SIP). The revisions concern rules 
from the following districts: Mojave Desert Air Quality Management 
District (MDAQMD) and 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 [[Page 31082]] compounds 
(VOCs) in accordance with the requirements of the Clean Air Act, as 
amended in 1990 (CAA or the Act). In addition, the final action on 
these rules serves as a final determination that the deficiencies in 
these rules have been corrected and that on the effective date of this 
action, any sanction or Federal Implementation Plan (FIP) clock is 
stopped. The revised rules control VOC emissions from metal container, 
closure, and coil coating operations, magnet wire coating operations, 
and automotive 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 August 14, 1995 unless adverse or 
critical comments are received by July 13, 1995. 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 each 
rule 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 Section (A-5-3), Air and Toxics 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 92123-1095.
Mojave Desert Air Quality Management District, 15428 Civic Drive, 
Victorville, CA 92392.
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Nikole Reaksecker, Rulemaking Section 
(A-5-3), Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: 
(415) 744-1187.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being approved into the California SIP include: SCAQMD 
Rule 1151, Motor Vehicle and Mobile Equipment Non-Assembly Line Coating 
Operations; SCAQMD Rule 1125, Metal Container, Closure, and Coil 
Coating Operations; SCAQMD Rule 1126, Magnet Wire Coating Operations; 
and MDAQMD Rule 1116, Automotive Refinishing Operations. These rules 
were submitted by the California Air Resources Board (CARB) to EPA on 
January 24, 1995, February 24, 1995 (Rules 1125 and 1126), and March 
31, 1995, respectively.

Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in l977 
(1977 Act or pre-amended Act), that included the Los Angeles-South 
Coast Air Basin (South Coast) and the Southeast Desert Area.1 43 
FR 8964, 40 CFR 81.305. Because these areas were unable to meet the 
statutory attainment date of December 31, 1982, California requested 
under section 172 (a)(2), and EPA approved, an extension of the 
attainment date to December 31, 1987. (40 CFR 52.222). On May 26, 1988, 
EPA notified the Governor of California, pursuant to section 
110(a)(2)(H) of the 1977 Act, that the above districts' 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.

    \1\ The Mojave Desert Air Quality Management District (MDAQMD) 
was created by Assembly Bill AB 2522 signed into law by the Governor 
of California on September 12, 1992. It includes all of the County 
of San Bernardino which is not included within the boundaries of the 
South Coast Air Quality Management District, and may include 
contiguous areas situated in the Southeast Desert Air Basin upon 
request for inclusion. The Mojave Desert District commenced 
operations on July 1, 1993, and on that date assumed the authority, 
duties and employees of the San Bernardino County Air Pollution 
Control District, which ceased to exist as of that date.
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    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.2 EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas. The Southeast Desert Area is classified as severe 
and South Coast is classified as extreme; 3 therefore, these areas 
were subject to the RACT fix-up requirement and the May 15, 1991 
deadline.

    \2\ 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).
    \3\ The South Coast and Southeast Desert Areas retained their 
designations 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 55 FR 56694 (November 6, 1991).
    The State of California submitted many revised RACT rules for 
incorporation into its SIP on January 24, 1995, February 24, 1995, and 
March 31, 1995, including the rules being acted on in this document. 
This document addresses EPA's direct-final action for SCAQMD Rule 1125, 
Metal Container, Closure, and Coil Coating Operations; SCAQMD Rule 
1126, Magnet Wire Coating Operations; SCAQMD Rule 1151, Motor Vehicle 
and Mobile Equipment Non-Assembly Line Coating Operations; and MDAQMD 
Rule 1116, Automotive Refinishing Operations. SCAQMD adopted Rules 1125 
and 1126 on January 13, 1995, and Rule 1151 on December 9, 1994. MDAQMD 
adopted Rule 1116 on February 22, 1995. These submitted rules were 
found to be complete on February 24, 1995, March 10, 1995, and May 2, 
1995, pursuant to EPA's completeness criteria that are set forth in 40 
CFR part 51 appendix V 4 and are being finalized for approval into 
the SIP.

    \4\ 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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    SCAQMD Rule 1125 controls volatile organic compound (VOC) emissions 
from metal container, closure, and coil coating operations. SCAQMD Rule 
1126 limits the VOC content of magnet wire coatings. SCAQMD Rule 1151 
and MDAQMD Rule 1116 limit the emissions of VOCs from the finishing or 
refinishing of motor vehicles, mobile equipment, and their parts and 
components. VOCs contribute to the production of ground level ozone and 
smog. These rules were originally adopted as part of the SCAQMD's and 
the MDAQMD's 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. The [[Page 31083]] following is 
EPA's evaluation and final action for these rules.

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 2. 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 SCAQMD Rule 1125 is entitled, ``Control of Volatile 
Organic Emissions from Existing Stationary Sources--Volume II: Surface 
Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty 
Trucks'', EPA-450/2-77-032. The CTG applicable to SCAQMD Rule 1126 is 
entitled, ``Control of Volatile Organic Emissions from Existing 
Stationary Sources--Volume IV: Surface Coating of Magnet Wire'', EPA-
450/2-77-033. SCAQMD Rule 1151 and MDAQMD Rule 1116 control emissions 
from a source category for which EPA has not yet issued a CTG. However, 
EPA has issued a guidance document called an Alternative Control 
Techniques (ACT). The ACT applicable to SCAQMD Rule 1151 and MDAQMD 
Rule 1116 is entitled, ``Alternative Control Techniques Document: 
Automobile Refinishing'', EPA-453/R-94-031. Further interpretations of 
EPA policy are found in the Blue Book, referred to in footnote 2. In 
general, these guidance documents have been set forth to ensure that 
VOC rules are fully enforceable and strengthen or maintain the SIP.
    SCAQMD submitted Rule 1125, Metal Container, Closure, and Coil 
Coating, includes the following significant changes from the current 
SIP:
     adds applicability section,
     clarifies and/or updates several definitions,
     removes reference to unspecified test methods,
     specifies collection and destruction efficiencies for 
emission control systems and includes an equation for determining 
control device equivalency,
     removes language allowing Executive Officer discretion,
     includes test methods for determining VOC content, exempt 
compound content, collection and control device efficiencies, and 
transfer efficiency,
     states what constitutes a violation of the rule,
     requires the most recently approved version of a test 
method to be used to determine compliance, and
     exempts aerosol coating products.
    SCAQMD submitted Rule 1126, Magnet Wire Coating Operations, 
includes the following significant changes from the current SIP:
     adds applicability section,
     clarifies and/or updates several definitions,
     allows use of an emission control system as an alternative 
means of complying,
     specifies an overall capture and control efficiency of 90 
percent,
     includes test methods for determining collection and 
control efficiencies,
     provides an equation for determining equivalency,
     states what constitutes a violation of the rule,
     requires the most recently approved version of a test 
method to be used to determine compliance, and
     exempts aerosol coating products.
    SCAQMD submitted Rule 1151, Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operations, includes the following significant 
changes from the current SIP:
     expands applicability section,
     revises list of exempt compounds and adds their phase-out 
dates,
     increases maximum solid content of pretreatment coatings,
     deletes precoat and extreme performance topcoat 
categories,
     adds multi-color coating category,
     revises VOC limits and compliance dates for Group I and 
Group II single-stage metallic topcoats, Group II single-stage solid 
and multistage topcoats, and Group II primer sealer,
     deletes 5% usage limitation for specialty coatings,
     prohibits use of coatings containing hexavalent chromium 
and cadmium,
     revises transfer efficiency requirements,
     provides an equation for determining equivalency,
     adds prohibition of sales clause,
     clarifies and/or updates several definitions,
     adds recordkeeping requirements for add-on control 
systems,
     revises test method section and clarifies language to 
improve rule enforceability and effectiveness, and
     adds a de minimis exemption for coatings used at training 
centers.
    MDAQMD Rule 1116, Automotive Refinishing Operations, includes the 
following significant changes from the current SIP:
     revises VOC limits and compliance dates to represent 
currently achievable technology,
     establishes more stringent VOC limits which will take 
effect on July 1, 1997,
     changes the effective date of the ``prohibition of sale'' 
clause,
     exempts facilities emitting less than 3 lbs. of VOC per 
hour or 15 lbs. of VOC per day, or which have a theoretical potential 
to emit less than 10 tons of VOC per year,
     deletes the precoat category, and
     adds a definition for multistage topcoats.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SCAQMD Rule 1125, Metal Container, Closure, and Coil Coating 
Operations; SCAQMD Rule 1126, Magnet Wire Coating Operations; SCAQMD 
Rule 1151, Motor Vehicle and Mobile Equipment Non-Assembly Line Coating 
Operations; and MDAQMD Rule 1116, Automotive Refinishing Operations, 
are being approved under section 110(k)(3) of the CAA as meeting the 
requirements of section 110(a) and Part D. The final action on these 
rules serves as a final determination that the deficiencies in these 
rules have been corrected. Therefore, if this direct final action is 
not withdrawn, on August 14, 1995, any sanction or FIP clock is 
stopped.
    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 notice 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 [[Page 31084]] publication, the EPA states its intention to 
convert the direct final to a proposal should adverse or critical 
comments be filed. Thus, this direct final action will be effective 
August 14, 1995, unless, by July 13, 1995, 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 notice 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 the direct final action will be effective August 14, 1995.

Regulatory Process

    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 population of less than 
50,000.
    SIP approvals under sections 110 and 301(a) and subchapter I, Part 
D of the CAA 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, I certify 
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 regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The CAA forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. 
Ct. 1976); 42 U.S.C. 7410 (a)(2).
    The OMB has exempted this action from review under Executive Order 
12866.

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: May 19, 1995.
Alexis Strauss,
Acting Regional Administrator.

    Subpart F of 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.

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs (c)(214), (215), 
and (216) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (214) New and amended regulations for the following APCDs were 
submitted on January 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1151, adopted on December 9, 1994.
    (215) New and amended regulations for the following APCDs were 
submitted on February 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1125 and 1126, adopted on January 13, 1995.
    (216) New and amended regulations for the following APCDs were 
submitted on March 31, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rule 1116, adopted on February 22, 1995.

[FR Doc. 95-14391 Filed 6-12-95; 8:45 am]
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