[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29659-29662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14784]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 014-0003a FRL-5464-4]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Five Local Air Pollution Control 
Districts

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 
the following: El Dorado County Air Pollution Control District 
(EDCAPCD), Kern County Air Pollution Control District (KCAPCD), Placer 
County Air Pollution Control District (PCAPCD), Santa Barbara County 
Air Pollution Control District (SBCAPCD), and South Coast Air Quality 
Management District (SCAQMD). These new and revised rules control VOC 
emissions from graphic arts operations. 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 the SBCAPCD rule serves as a final determination that 
the finding of nonsubmittal for this rule has been corrected and that 
on the effective date of this action, the Federal Implementation Plan 
(FIP) clocks is stopped. 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 12, 1996, unless adverse or 
critical comments are received by July 12, 1996. 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 95814
El Dorado County APCD, 2850 Fairlane Court, Placerville, CA 95667
Kern County APCD, 2700 M. Street, Suite 290, Bakersfield, CA 93301
Placer County APCD, 11464 B. Avenue, Auburn, CA 95603
Santa Barbara County APCD, 26 Castilian Drive, B-23 Goleta, CA 93117
South Coast AQMD, 21865 E. Copley Drive, Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT:
Erik H. Beck, 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) 744-1190. Internet E-mail: 
[email protected].

[[Page 29660]]

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being approved into the California SIP include: EDCAPCD 
Rule 231 ``Graphic Arts Operations''; KCAPCD Rule 410.7, ``Graphic 
Arts''; PCAPCD Rule 239, ``Graphic Arts Operations''; SBCAPCD Rule 354, 
``Graphic Arts''; and SCAQMD Rule 1130.1, ``Screen Printing 
Operations''. These rules were submitted by the California Air 
Resources Board (CARB) to EPA on the following dates in respective 
order: November 30, 1994, May 30, 1991, October 13, 1995, July 13, 
1994, and November 18, 1993. All of these rules are in effect 
throughout their respective districts, except PCAPCD Rule 239. This 
rule is applicable only within that part of Placer County that lies 
within the Sacramento Valley Air Basin.

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 Southeast Desert 
Modified Air Quality Management Area, Santa Barbara--Santa Maria--
Lompoc Area, Sacramento Metro Area (which includes portions of El 
Dorado County and Placer County), and the Los Angeles--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 EDCAPCD, KCAPCD, PCAPCD, SBCAPCD, and the SCAQMD 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 Los Angeles--South Coast Air Basin is 
classified as extreme. The Sacramento Metro Area is classified as 
severe. The Santa Barbara--Santa Maria--Lompoc Area is classified as 
moderate; 2 therefore, these areas were subject to the RACT fix-up 
requirement and the May 15, 1991 deadline.3
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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 Los Angeles--South Coast Air Basin, Sacramento Metro 
Area, and the Santa Barbara--Santa Maria--Lompoc Area 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). However, on April 25, 
1995, EPA published a final rule granting the State's request to 
reclassify the Sacramento Metro Area to severe from serious (60 CFR 
20237). This reclassification became effective on June 1, 1995.
    \3\ Note Bene: KCAPCD Rule 410.7 applies to that portion of Kern 
County which falls outside the San Joaquin Valley Unified Air 
Pollution Control District. This area is known as the Southeast 
Desert Non-Air Quality Management Area, and its ozone designation is 
unclassified.
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    The State of California submitted many RACT rules for incorporation 
into its SIP on the rule submittal dates listed in the Applicability 
section above, including the rules being acted on in this document. 
This document addresses EPA's direct-final action for EDCAPCD Rule 231 
``Graphic Arts Operations''; KCAPCD Rule 410.7, ``Graphic Arts''; 
PCAPCD Rule 239 ``Graphic Arts Operations''; SBCAPCD Rule 354, 
``Graphic Arts''; and SCAQMD Rule 1130.1, ``Screen Printing 
Operations''. EDCAPCD adopted Rule 231 on September 27, 1994. KCAPCD 
adopted Rule 410.7 on May 6, 1991. PCAPCD adopted Rule 239 on June 8, 
1995. SBCAPCD adopted Rule 354 on June 28, 1994. SCAQMD adopted Rule 
1130.1 on July 9, 1993.
    These submitted rules were found to be complete on the following 
respective dates: January 30, 1995 (Rule 231); July 10, 1991 (Rule 
410.7); November 28, 1995 (Rule 239); July 22, 1994 (Rule 354); and 
December 23, 1993 (Rule 1130.1). The completeness determinations were 
made pursuant to EPA's completeness criteria that are set forth in 40 
CFR part 51 Appendix V.4
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    \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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    These rules control VOC emissions from graphic arts operations such 
as screen printing, flexography, rotogravure, and others. VOCs 
contribute to the production of ground level ozone and smog. These 
rules were originally adopted as part of their air pollution control 
agencies' 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 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 all of these rules, except SCAQMD Rule 1130.1, ``Screen 
Printing Operations'', is entitled, OAQPS Guideline Series--Control of 
Volatile Organic Emissions from Existing Stationary Sources--Volume 
VII: Graphic Arts--Rotogravure and Flexography (Document Number EPA-
450/2-78-033). No CTG applies to SCAQMD Rule 1130.1. Accordingly, Rule 
1130.1 was evaluated against interpretations of EPA policy found in the 
Blue Book, referred to in footnote 1. The CTG and the Blue Book have 
been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    EDCAPCD Rule 231 ``Graphic Arts Operations''; PCAPCD Rule 239 
``Graphic Arts Operations''; SBCAPCD Rule 354, ``Graphic Arts''; and 
SCAQMD Rule 1130.1, ``Screen Printing

[[Page 29661]]

Operations'', are new rules being approved into the SIP for the first 
time. These rules have the following significant features:
     Control emissions of VOC from rotogravure and flexography 
printing and coating equipment (except SCAQMD Rule 1130.1);
     Option of using emission control equipment or using 
reduced VOC content inks and coatings;
     Test methods for VOC content of coatings and inks;
     Test methods for determining capture efficiency of an 
emission control device;
     Rule exemptions for firms emitting small quantities of 
VOC.
    In addition to the features listed above, SCAQMD Rule 1130.1 has 
the following additional features:
     Control of VOC emissions from screen printing operations;
     Test methods for metal content of inks;
    KCAPCD's submitted Rule 410.7 ``Graphic Arts,'' includes the 
following significant changes from the current SIP:
     Comprehensive revision of rule definitions;
     Extension of the rule's applicability to include 
letterpress, lithography, and screen printing;
     Addition of recordkeeping requirements;
     Addition of test methods;
     Requirement to reduce VOC emissions from cleanup 
operations;
     Modified control device efficiency standards to require 
more stringent controls.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, the following district rules are being approved under 
section 110(k)(3) of the CAA as meeting the requirements of section 
110(a) and Part D: EDCAPCD Rule 231 ``Graphic Arts Operations''; KCAPCD 
Rule 410.7, ``Graphic Arts''; PCAPCD Rule 239 ``Graphic Arts 
Operations''; SBCAPCD Rule 354, ``Graphic Arts''; and SCAQMD Rule 
1130.1, ``Screen Printing Operations''.
    Therefore, if this direct final action is not withdrawn, on August 
12, 1996, the FIP clock associated with SBCAPCD Rule 354 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 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 August 12, 1996, unless, by July 12, 1996, 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 August 12, 1996.

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 populations 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 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. The rules being approved by this action will impose no 
new requirements because affected sources are already subject to these 
regulations under State law. Therefore, 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.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. 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: April 13, 1996.
Felicia Marcus,
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.

[[Page 29662]]

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs 
(c)(185)(i)(A)(9), (194)(i)(G), (198)(i)(K), (207)(i)(B)(2), and 
(225)(i)(B)(3) to read as follows:


Sec. 52.220   Identification of plan.

* * * * *
    (c) * * *
    (185) * * *
    (i) * * *
    (A) * * *
    (9) Rule 410.7, adopted May 6, 1991.
* * * * *
    (194) * * *
    (i) * * *
    (G) South Coast Air Quality Management District.
    (1) Rule 1130.1, adopted July 9, 1993.
* * * * *
    (198) * * *
    (i) * * *
    (K) Santa Barbara County Air Pollution Control District.
    (1) Rule 354, adopted June 28, 1994.
* * * * *
    (207) * * *
    (i) * * *
    (B) * * *
    (2) Rule 231, adopted September 27, 1994.
* * * * *
    (225) * * *
    (i) * * *
    (B) * * *
    (3) Rule 239, adopted June 8, 1995.
* * * * *
[FR Doc. 96-14784 Filed 6-11-96; 8:45 am]
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