[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41865-41867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20363]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 179-0045a; FRL-5863-4]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Bay Area 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. This action is an administrative 
change which revises the definition of volatile organic compounds (VOC) 
and updates the Exempt Compound list in rules from the Bay Area Air 
Quality Management District (BAAQMD). The intended effect of approving 
this action is to incorporate changes to the definition of VOC and to 
update the Exempt Compound list in BAAQMD rules to be consistent with 
the revised federal and state VOC definitions.

DATES: This action is effective on October 3, 1997 unless adverse or 
critical comments are received by September 3, 1997. 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 these 
rules 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 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.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
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:

Applicability

    The rules with definition revisions being approved into the 
California SIP include the following Bay Area Air Quality Management 
District Rules (BAAQMD): 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; 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; and 8-50, Polyester Resin 
Operations. These rules were submitted by the California Air Resources 
Board to EPA on July 23, 1996.

Background

    On June 16, 1995 (60 FR 31633) EPA published a final rule excluding 
acetone from the definition of VOC. On February 7, 1996 (61 FR 4588) 
EPA published a final rule excluding perchloroethylene from the 
definition of VOC. On May 1, 1996 (61 FR 19231) EPA published a 
proposed rule excluding HFC 43-10mee and HCFC 225ca and cb from the 
definition of VOC. These compounds were determined to have negligible 
photochemical reactivity and thus, were added to the Agency's list of 
Exempt Compounds.
    The State of California submitted many revised rules for 
incorporation into its SIP on July 23, 1996, including the rules being 
acted on in this administrative action. This action addresses EPA's 
direct-final action for BAAQMD 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; 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; and 8-50, Polyester Resin 
Operations. These rules were adopted by the BAAQMD on December 20, 1995 
and were found to be complete on October 30, 1996, pursuant to EPA's 
completeness criteria that are set forth in 40 CFR part 51 Appendix V 
1 and are being finalized for approval into the SIP.
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    \1\ 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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    This administrative revision adds acetone, perchloroethylene, HFC 
43-10mee and HCFC 225ca and cb to the list of compounds which make a 
negligible contribution to tropospheric ozone formulation. Thus, EPA is 
finalizing the approval of the revised definitions to be incorporated 
into the California SIP for the attainment of the national ambient air 
quality standards (NAAQS) for ozone under title I of the Clean Air Act 
(CAA or the Act).

EPA Evaluation and Action

    This administrative action is necessary to make the VOC definition 
in BAAQMD rules consistent with federal and state definitions of VOC. 
This action will result in more accurate assessment of ozone formation 
potential, will remove unnecessary control requirements and will assist 
States in avoiding exceedences of the

[[Page 41866]]

ozone health standard by focusing control efforts on compounds which 
are actual ozone precursors.
    The BAAQMD rules being affected by this action to revise the 
definition of VOC include:

 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

    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 action 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 October 3, 1997 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 action 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 October 3, 1997.

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 section 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'' rule as defined by 
section 804(2) of the APA as amended.

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 appropriate circuit by October 3, 1997. 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: July 10, 1997.
Felicia Marcus,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

[[Page 41867]]

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 paragraph (c)(239)(i)(D) to 
read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (239) * * *
    (i) * * *
    (D) Bay Area Air Quality Management District.
    (1) 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, 8-50, and 8-51 adopted on December 20, 1995.
* * * * *
[FR Doc. 97-20363 Filed 8-1-97; 8:45 am]
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