[Federal Register Volume 64, Number 85 (Tuesday, May 4, 1999)]
[Rules and Regulations]
[Pages 23774-23777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11039]



[[Page 23774]]

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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.

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    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

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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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