[Federal Register Volume 60, Number 135 (Friday, July 14, 1995)]
[Rules and Regulations]
[Pages 36227-36230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17269]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 144-5-7100a; FRL-5256-3]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, South Coast Air Quality Management 
District and Santa Barbara 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). The revisions concern rules 
from the following districts: South Coast Air Quality Management 
District (SCAQMD) and Santa Barbara County Air Pollution Control 
District (SBAPCD). 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). 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 
sanctions or Federal Implementation Plan (FIP) obligations are 
permanently stopped. The revised rules control VOC emissions from 
marine coating operations, coating of metal parts and products, motor 
vehicle assembly line coating operations, solvent cleaning operations, 
architectural coatings, and motor vehicle and mobile equipment 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 final rule is effective on September 12, 1995 unless 
adverse or critical comments are received by August 14, 1995. If the 
effective date is delayed, a timely notice will be published in the 
Federal Register.

ADDRESSES: 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 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, S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812-2815
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive B-23, Goleta, CA 93117

FOR FURTHER INFORMATION CONTACT: Daniel A. Meer, Chief 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) 744-1185.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being approved into the California SIP include: SCAQMD's 
Rule 1106, Marine Coating Operations; Rule 1107, Coating of Metal Parts 
and Products; Rule 1115, Motor Vehicle Assembly Line Coating 
Operations; Rule 1171, Solvent Cleaning Operations and SBAPCD's Rule 
323, Architectural Coatings and Rule 339, Motor Vehicle and Mobile 
Equipment Coating Operations. These rules were submitted by the 
California Air Resources Board (CARB) to EPA on February 24, 1995 (Rule 
1106), April 13, 1995 (Rule 339), May 24, 1995 (Rule 323) and June 16, 
1995 (Rules 1107, 1115 and 1171).

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 
and the Santa Barbara, Santa Maria and Lompoc Area (Santa Barbara 
County). 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 

[[Page 36228]]
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.
    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, and Santa Barbara County is classified as moderate 2; 
therefore, these areas were subject to the RACT fix-up requirement and 
the May 15, 1991 deadline.

    \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 and Santa Barbara County 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 55 FR 56694 (November 6, 1991).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on February 24, 1995, April 13, 1995, May 
24, 1995 and June 16, 1995, including the rules being acted on in this 
notice. This notice addresses EPA's direct-final action for the 
SCAQMD's Rule 1106, Marine Coating Operations; Rule 1107, Coating of 
Metal Parts and Products; Rule 1115, Motor Vehicle Assembly Line 
Coating Operations; Rule 1171, Solvent Cleaning Operations and for the 
SBAPCD's Rule 323, Architectural Coatings, and Rule 339, Motor Vehicle 
and Mobile Equipment Coating Operations. The SCAQMD adopted Rule 1106 
on January 13, 1995 and Rules 1107, 1115, and 1171 on May 12, 1995. The 
SBAPCD adopted Rule 323 on March 16, 1995 and Rule 339 on December 15, 
1994. The submitted SCAQMD's Rule 1106 was found to be complete on 
March 10, 1995; SCAQMD's Rules 1107, 1115 and 1171 and SBAPCD's Rule 
323 were found to be complete on June 23, 1995; and SBAPCD's Rule 339 
was found to be complete on May 2, 1995 pursuant to EPA's completeness 
criteria that are set forth in 40 CFR part 51 Appendix V 3 and are 
being finalized for approval into the SIP.

    \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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    SCAQMD's Rule 1106 controls VOC emissions from the coating of 
marine vessels and their parts, SCAQMD's Rule 1107 controls VOC 
emissions from the coating of metal parts and products except those 
performed on aerospace assembly, magnet wire, marine craft, motor 
vehicle, metal container, and coil coating operations, SCAQMD's Rule 
1115 limits VOC emissions from coating operations conducted on assembly 
lines during manufacturing of new motor vehicles, and SCAQMD's Rule 
1171 controls VOC emissions from solvent cleaning operations and 
activities. SBAPCD's Rule 323 controls emissions of VOCs from the 
application of coatings to architectural structures and their 
appurtenances, to mobile homes, to pavements and to curbs, and SBAPCD's 
Rule 339 limits emissions of VOCs from automotive refinishing 
operations. VOCs contribute to the production of ground level ozone and 
smog. These rules were originally adopted as part of SCAQMD's and 
SBAPCD'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.
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 SCAQMD's Rule 1107 is entitled Control of Volatile 
Organic Emissions from Existing Stationary Sources--Volume VI: Surface 
Coating of Miscellaneous Metal Parts and Products, U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standards, June 
1978, EPA-450/2-78-015. The CTG applicable to SCAQMD's Rule 1115 is 
entitled Control of Volatile Organic Emissions from Existing Stationary 
Sources--Volume I: Surface Coating of Cans, Coils, Paper, Fabrics, 
Automobiles, and Light-Duty Trucks. U.S. Environmental Protection 
Agency, Office of Air Quality and Standards, May 1977, EPA-450/2-77-
008. SCAQMD's Rules 1106 and 1171 and SBAPCD's Rules 323 and 339 
control emissions from source categories for which EPA has not issued a 
CTG. Accordingly, these rules were evaluated against the 
interpretations of EPA policy found in the Blue Book, referred to in 
footnote 1 and against other EPA policy including the EPA Region 9/CARB 
document entitled: Guidance document for correcting VOC rule 
deficiencies (April 1991) In general, these guidance documents have 
been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    SCAQMD's submitted Rule 1106, Marine Coating Operations, includes 
the following significant changes from the current SIP:
     Revised statement of rule applicability.
     Added definition for aerosol product.
     Revised definition of exempt compounds.
     Revised table of VOC content standards.
     Added control device equivalency language.
     Added test method specification.
     Added aerosol exemption.
    SCAQMD's submitted Rule 1107, Coating of Metal Parts and Products, 
includes the following significant changes from the current SIP:
     Added rule applicability section.

[[Page 36229]]

     Revised the VOC content limits for coatings covered by 
this rule.
     Removed executive officer discretion to choose capture 
efficiency source testing methodology.
     Added EPA method 25 and 25A with respect to determining 
efficiency of add-on control equipment.
     Incorporated SCAQMD ``Spray Equipment Transfer Efficiency 
Test Procedure dated May 24, 1989.
     Modified exemption for all non-compliant coating use to an 
aggregate of 55 gallons per year.
     Added the requirements to keep records of key operating 
parameters of control equipment.
     Added EPA approved test methods to determine VOC content 
and exempt solvent content.
    SCAQMD's submitted Rule 1115, Motor Vehicle Assembly Line Coating 
Operations, includes the following significant changes from the current 
SIP:
     Added purpose and applicability section.
     Reduced VOC limits to be in line with applicable CTG 
limits.
     Added the requirement to use EPAs ``Protocol for 
Determining the Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operation''.
     Added specification for EPA approved capture and control 
efficiency source test method.
     Included record keeping requirement for emission control 
systems.
    SCAQMD's submitted Rule 1171, Solvent Cleaning Operations, includes 
the following significant changes from the current SIP:
     Added medical device category.
     Added specialty flexographic printing category.
     Modified and supplemented test method section to correct 
rule deficiencies cited by EPA.
     Added small usage exemption for specialty medical device 
and pharmaceutical operations.
     Added exemption for cleaning of application equipment used 
to manufacture transdermal drug delivery systems.
    SBAPCD's submitted Rule 323, Architectural Coatings, includes the 
following significant changes from the current SIP:
     Clarifies requirements of the rule by moving exemption 
section to section B.
     Added a definition for reactive organic compound (ROC).
     Removes executive officer discretion by revising the 
language in the test section.
     Added test method for determination of exempt solvent 
content.
    SBAPCD's submitted Rule 339, Motor Vehicle and Mobile Equipment 
Coating Operations, includes the following significant changes from the 
current SIP:
     Deleted spray booth requirement for undercoating if 
undercoating contains no lead or chromium compounds and if the area 
covered does not exceed 16 square feet.
     Added definition for multi-stage topcoat.
     Added definition for undercoat.
     Revised VOC limits and compliance dates.
     Limits pre-coat usage to no more than 25% of the amount of 
primer/primer surfacer monthly usage.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SCAQMD's Rule 1106, Marine Coating Operations; SCAQMD's Rule 
1107, Coating of Metal Parts and Products; SCAQMD's Rule 1115, Motor 
Vehicle Assembly Line Coating Operations; SCAQMD's Rule 1171, Solvent 
Cleaning Operations; SBAPCD's Rule 323, Architectural Coatings; and 
SBAPCD's Rule 339, Motor Vehicle and Mobile Equipment Coating 
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 September 12, 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 publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective on September 12, 1995, 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 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 this action will be effective on September 12, 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).
Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with the 
proposed or final rules that include a Federal mandate that may result 
in estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the state and any affected local or tribal governments have 
elected to adopt the program provided for under Part D of the Clean Air 
Act. These rules may bind State, local and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. To the extent that the rules being approved by this 
action will impose no new requirements; such sources are 

[[Page 36230]]
already subject to these regulations under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.
    The Office of Management and Budget (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: June 27, 1995.
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.

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs 
(c)(215)(i)(A)(3), (c)(219), (c)(220), and (c)(222) and by adding and 
reserving paragraph (c)(221) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (215) * * *
    (i) * * *
    (A) * * *
    (3) Rule 1106, adopted on January 13, 1995.
* * * * *
    (219) New and amended regulations for the following APCDs were 
submitted on April 13, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 339, adopted December 15, 1994.
    (220) New and amended regulations for the following APCDs were 
submitted on May 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 323, adopted March 16, 1995.
* * * * *
    (221) [Reserved]
    (222) New and amended regulations for the following APCDs were 
submitted on June 16, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1107, 1115, and 1171 adopted on May 12, 1995.
* * * * *
[FR Doc. 95-17269 Filed 7-13-95; 8:45 am]
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