[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Rules and Regulations]
[Pages 18901-18903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8526]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA231-0227a; FRL-6570-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Antelope Valley Air Pollution 
Control District and Mojave Desert Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan. The revisions concern rules from 
the Antelope Valley Air Pollution Control District (AVAPCD) and the 
Mojave Desert Air Quality Management District (MDAQMD). 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 Automotive Refinishing 
Operations and Motor Vehicle and Mobile Equipment Coatings 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 June 9, 2000 without further notice, 
unless EPA receives adverse comments by May 10, 2000. If EPA receives 
such comment, it will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Written comments must be submitted to Andrew Steckel, Chief, 
Rulemaking Office at the Region IX office listed below. Copies of the 
rule revisions and EPA's technical support document 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, Ariel Rios Building, (Mail Code 
6102), 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460;
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812;
Antelope Valley Air Pollution Control District, 43301 Division 
Street, Suite 206, Lancaster, CA 93539-4409;
Mojave Desert Air Quality Management District (formerly San 
Bernardino County Air Pollution Control District), 15428 Civic 
Drive, Suite 200, Victorville, CA 92392-2382

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office, AIR-
4, Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP include: Antelope 
Valley Air Pollution Control District (AVAPCD) Rule 1151, Motor Vehicle 
and Mobile Equipment Coatings Operations and Mojave Desert Air Quality 
Management District (MDAQMD) Rule 1116, Automotive Refinishing 
Operations. These rules were submitted by the California Air Resources 
Board to EPA on October 29, 1999 and July 23, 1999, respectively.

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 portions of the San 
Bernardino County Air Pollution Control District \1\ within the 
Southeast Desert Modified Air Quality Maintenance Area and the Los 
Angeles-South Coast Air Basin Area. 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 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. Public Law 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\ On July 1, 1993, the San Bernardino County Air Pollution 
Control District was renamed the Mojave Desert Air Quality 
Management District.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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 
document'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988); and the existing control 
technique guidelines (CTGs).
---------------------------------------------------------------------------

    The AVAPCD portion of the Southeast Desert Modified Air Quality 
Maintenance Area (SDMAQMA) is classified as Severe-17, therefore, this 
area was subject to the RACT fix-up requirement and the May 15, 1991 
deadline.
    The MDAQMD portion of the SDMAQMA is classified as severe; \3\ 
therefore, this area was subject to the RACT fix-up requirements and 
the May 15, 1991 deadline.
---------------------------------------------------------------------------

    \3\ Southeast Desert Air Quality Management Area 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. See 55 FR 56694 (November 6, 1991).
---------------------------------------------------------------------------

    The AVAPCD was created pursuant to California Health and Safety 
Code (CHSC) section 40106 and assumed all

[[Page 18902]]

air pollution control responsibilities of the South Coast Air Quality 
Management District in the Antelope Valley region of Los Angeles 
County, \4\ effective July 1, 1997. AVAPCD is the successor agency to 
SCAQMD in the Antelope Valley portion of the Southeast Desert Modified 
Air Quality Maintenance Area. The AVAPCD remains subject to the RACT 
requirements.
---------------------------------------------------------------------------

    \4\ The Antelope Valley region of Los Angeles County is 
contained within the Federal area known as the Southeast Desert 
Modified Air Quality Management Area and the region identified by 
the State of California as the Mojave Desert Air Basin.
---------------------------------------------------------------------------

    The State of California submitted many revised RACT rules for 
incorporation into its SIP on July 23, 1999 and October 29, 1999, 
including the rules being acted on in this document. This document 
addresses EPA's direct-final action for AVAPCD Rule 1151, Motor Vehicle 
and Mobile Equipment Coatings Operations and MDAQMD Rule 1116, 
Automotive Refinishing Operations. AVAPCD adopted Rule 1151 on July 20, 
1999 and MDAQMD adopted Rule 1116 on February 22, 1995 and revised Rule 
1116 on April 26, 1999. These submitted rules were found to be complete 
on December 16, 1999 and August 24, 1999, respectively, pursuant to 
EPA's completeness criteria that are set forth in 40 CFR part 51 
Appendix V \5\ and is being finalized for approval into the SIP.
---------------------------------------------------------------------------

    \5\ 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).
---------------------------------------------------------------------------

    AVAPCD Rule 1151 is a new rule for Antelope Valley. Rule 1151 
limits emissions of volatile organic compounds (VOC) and stratospheric 
ozone-depleting and global warming compounds from coatings applied to 
Group I or Group II Vehicles and Mobile Equipment. The provisions of 
this rule apply to all commercial and non-commercial coating 
applications at facilities involved in the production, modification, or 
refinishing of motor vehicles and mobile equipment.
    MDAQMD Rule 1116 limits emissions of VOC and stratospheric ozone-
depleting and global warming compounds from coatings applied to Group I 
and Group II Vehicles and Mobile Equipment. VOCs contribute to the 
production of ground level ozone and smog. These rules were originally 
adopted as part of AVAPCD's and 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 
following is EPA's evaluation and final action for these rules.

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 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). EPA has not yet 
issued a Control Techniques Guideline (CTG) for this source category, 
but has on December 30, 1997 amended 40 CFR Part 59, ``National 
Volatile Organic Emission Standards for Consumer and Commercial 
Products'' by adding Subpart E, ``National Volatile Organic Compound 
Emission Standards for Automobile Refinishing Coatings,'' 62 FR 67784. 
This standard regulates the manufacture of automotive coatings and not 
the application of automobile refinishing coatings. Body shops 
nationwide are not directly affected by the regulation's requirements. 
EPA has used the proposed VOC standards for automotive coatings as 
guidance in evaluating the VOC limits of Rule 1151 and Rule 1116. 
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.
    There is currently no version of AVAPCD Rule 1151, Motor Vehicle 
and Mobile Equipment Coatings Operations in the SIP. The submitted rule 
includes the following provisions:

     Limits of 15 pounds per gallon of applied solids for 
the original production of motor homes;
     Limits emissions of VOCs from coatings applied to Group 
I and Group II Vehicles and Mobile Equipment;
     Applies to all commercial and non-commercial coating 
applications at facilities involved in the production, modification, 
or refinishing of motor vehicles and mobile equipment; and
     Includes test methods to determine compliance.

    On June 13, 1995 (60 FR 31081), EPA approved into the SIP a version 
of MDAQMD Rule 1116, Automotive Refinishing Operations that had been 
adopted on February 22, 1995. Revisions to this rule were subsequently 
adopted on April 26, 1999. The submitted Rule 1116 includes the 
following significant changes from the current SIP:

     Delayed imposition of the 420 grams per liter VOC limit 
for multistage topcoat systems until July 1, 2000;
     Updated and streamlined VOC definition referencing the 
most recent federal list of exempt compounds;
     Removed of obsolete limits and language; and
     Specified exemptions to the ``Prohibition of Sale'' 
provision.

    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, AVAPCD Rule 1151, Motor Vehicle and Mobile Equipment 
Coatings 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.
    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 
adverse comments be filed. This rule will be effective June 9, 2000 
without further notice unless the Agency receives adverse comments by 
May 10, 2000.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register informing 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. 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 is 
effective on

[[Page 18903]]

June 9, 2000 and no further action will be taken on the proposed rule.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This rule will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 June 9, 2000. 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.

    Dated: March 15, 2000.
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)(268)(i)(B) 
and (c)(270)(i)(E) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (268) * * *
    (i) * * *
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 1116 revised on April 26, 1999.
* * * * *
    (270) * * *
    (i) * * *
    (E) Antelope Valley Air Pollution Control District.
    (1) Rule 1151 adopted on July 20, 1999.
* * * * *
[FR Doc. 00-8526 Filed 4-7-00; 8:45 am]
BILLING CODE 6560-50-P