[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Rules and Regulations]
[Pages 34101-34104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13200]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-184-0229; FRL-6585-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Bay Area Air Quality Management 
District, South Coast Air Quality Management District, San Diego County 
Air Pollution Control District, and Monterey Bay Unified Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
January 19, 2000. These revisions concern Bay Area Air Quality 
Management District (BAAQMD) Rule 8.45, Motor Vehicle and Mobile 
Equipment Coating Operations; South Coast Air Quality Management 
District (SCAQMD) Rule 1151, Motor Vehicle and Mobile Equipment Non-
Assembly Line Coating Operation; San Diego County Air Pollution Control 
District (SDCAPCD) Rule 67.19, Coatings and Printing Inks Manufacturing 
Operations, and Monterey Bay Unified Air Pollution Control District 
(MBUAPCD) Rule 425, Use of Cutback Asphalt. This approval action will 
incorporate these rules into the federally approved SIP. The intended 
effect of finalizing this action is to regulate emissions of volatile 
organic compounds (VOCs) according to the requirements of the Clean Air 
Act, as amended in 1990 (CAA or the Act). These revised rules control 
VOC emissions from automobile refinishing, coating and ink 
manufacturing and use of cutback asphalt. 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.

EFFECTIVE DATE: This action is effective June 26, 2000.

ADDRESSES: Copies of the rule revisions and EPA's evaluation reports 
for these rules 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
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109
South Coast Air Quality Management District, 21865 E. Copley, Diamond 
Bar, CA 91765
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Court, Monterey, CA 93940
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office

[[Page 34102]]

(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1189.

SUPPLEMENTARY INFORMATION:

I. Applicability

    EPA is approving Bay Area Air Quality Management District (BAAQMD) 
Rule 8.45, Motor Vehicle and Mobile Equipment Coating Operations; South 
Coast Air Quality Management District (SCAQMD) Rule 1151, Motor Vehicle 
and Mobile Equipment Non-Assembly Line Coating Operations; San Diego 
County Air Pollution Control District (SDCAPCD) Rule 67.19, Coatings 
and Printing Inks Manufacturing Operations, and Monterey Bay Unified 
Air Pollution Control District (MBUAPCD) Rule 425, Use of Cutback 
Asphalt. These rules were submitted by the California Air Resources 
Board (CARB) to EPA on August 1, 1997, February 16, 1999, October 18, 
1996, and June 3, 1997, respectively.

II. Background

    On January 19, 2000 (see 65 FR 2921) EPA proposed to approve the 
following rules: BAAQMD Rule 8.45, Motor Vehicle and Mobile Equipment 
Coating Operations; SCAQMD Rule 1151, Motor Vehicle and Mobile 
Equipment Non-Assembly Line Coating Operations; SDCAPCD Rule 67.19, 
Coatings and Printing Inks Manufacturing Operations, and MBUAPCD Rule 
425, Use of Cutback Asphalt. BAAQMD adopted Rule 8.45 on November 6, 
1996; SCAQMD adopted Rule 1151 on December 11, 1998; SDCAPCD adopted 
Rule 67.19 on May 15, 1996; and MBUAPCD adopted Rule 425 on March 26, 
1997. These rules were submitted in response to EPA's 1988 SIP Call and 
the CAA section 182(a)(2)(A) requirement that nonattainment areas fix 
their reasonable available control technology (RACT) rules for ozone in 
accordance with EPA guidance that interpreted the requirements of the 
pre-amendment Act. A detailed discussion of the background for each of 
the above rules and nonattainment areas is provided in the proposed 
rule (PR) cited above.
    EPA has evaluated all of the above rules for consistency with the 
requirements of the CAA and EPA regulations and EPA's interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the PR. EPA is finalizing the proposed approval 
of these rules in order to strengthen the SIP. A discussion of the 
submitted rules are as follows:
    BAAQMD Rule 8.45, Motor Vehicle and Mobile Equipment Coating 
Operations includes the following significant changes from the current 
SIP:
     Section 231, Volatile Organic Compounds, was amended by 
adding acetone, parachlorobenzotrifluoride (PCBTF), and cyclic, 
branched, or linear, fully methylated siloxanes (VMS) to the list of 
exempt compounds in conformance with EPA and CARB action.
     Section 601, ``Analysis of Samples'' was amended by adding 
BAAQMD Method 41 to analyze samples containing PCBTF, and BAAQMD Method 
43 to analyze samples containing VMS.
     Section 602, ``Determination of Emissions'' was amended by 
adding the following sentence: For the purpose of determining abatement 
device efficiency, any acetone, PCBTF or VMS shall be included as a 
VOC.
    SCAQMD Rule 1151, Motor Vehicles and Mobile Equipment Non-Assembly 
Line Coating Operations, includes the following significant changes 
from the current SIP:
     Effective December 12, 1998 and until April 1, 1998 the 
Group II multistage topcoat composite VOC limit was raised to 4.5 lbs/
gal. The pre-December 12, 1998 limit of 3.5 lbs/gal limit was 
reinstated on April 1, 1999;
     A 10% usage limitation on a monthly basis was added for 
specialty coatings;
     Expanded the prohibition of sale clause;
     Added the requirement that manufacturers must offer for 
sale by January 1, 1999 clearcoats having VOC content of 2.1 lbs/gal or 
less; and
     Added an exemption for topcoats applied to prototype motor 
vehicles.
    There is currently no version of SDCAPCD's Rule 67.19, Coatings and 
Printing Inks Manufacturing Operations, in the SIP. The submitted rule 
includes the following provisions:
     Applicability section;
     Exemption for sources emitting less than 15 lbs/day;
     Sources emitting less than 50 tons/year are exempted from 
the requirements of emission control systems;
     Storage tanks of less than 550 gal capacity, or those used 
exclusively for epoxies or water based coatings are exempted from the 
requirements of submerged fill pipes;
     A definition section;
     Equipment and workmanship standards;
     Option to comply by using abatement equipment;
     Recordkeeping provisions; and
     Test methods.
    Earlier versions of this rule were adopted on June 7, 1994, and 
March 7, 1995. While EPA can only act on the most recently submitted 
version, EPA reviewed relevant materials associated with the superseded 
versions. MBUAPCD submitted Rule 425, Use of Cutback Asphalt, includes 
the following significant changes from the current SIP:
     Use of the term ``petroleum solvent'' is now used 
consistently throughout the rule. Prior to this revision, the term 
organic solvents and petroleum solvents were used interchangeably 
leading to confusion in the implementation and enforcement of the rule. 
The rule has been revised to enhance clarity.
     An additional change was made to the ``effective date'' 
section. The rule as revised is now effective on the date of adoption.
    A detailed discussion of the rules provisions and evaluation has 
been provided in the PRs and in technical support documents (TSDs) 
available at EPA's Region IX office. TSDs prepared by EPA are dated 
November 2, 1998 for MBUAPCD Rule 425, December 1999 for SDCAPCD Rule 
67.19, SCAQMD Rule 1151, and BAAQMD Regulation 8-45.

III. Response to Public Comments

    A 30-day public comment period was provided in the PR (see 65 FR 
2921). EPA received no comments during this period and one comment 
after the 30 days expired. This comment was submitted by the National 
Paint & Coatings Association (NPCA), dated February 25, 2000, and only 
concerned SCAQMD Rule 1151. Although this comment was submitted and 
received after close of the comment period, we are acknowledging the 
comment in this action and summarizing NPCA's primary concern.
    NPCA is concerned with the prohibition of sale provision contained 
in Rule 1151, paragraph (d)(2). NPCA specifically objects to EPA's 
characterization in proposing approval of Rule 1151, that SCAQMD has 
``expanded the prohibition of sale clause.'' EPA believes this 
characterization is correct, however, and directs the commenter to page 
9 of the December 1998 final staff report associated with SCAQMD's 
adoption of the submitted rule.
    Nothing in this comment has caused EPA to change the rationale for 
proposing approval of SCAQMD 1151 or the other rules.

[[Page 34103]]

IV. EPA Action

    EPA is finalizing action to approve BAAQMD Rule 8.45, Motor Vehicle 
and Mobile Equipment Coating Operations; SCAQMD Rule 1151, Motor 
Vehicle and Mobile Equipment Non-Assembly Line Coating Operations; 
SDCAPCD Rule 67.19, Coatings and Printing Inks Manufacturing 
Operations, and MBUAPCD Rule 425, Use of Cutback Asphalt for inclusion 
into the California SIP. EPA is approving these rules under section 
110(k)(3) as meeting the requirements of section 110(a) and Part D of 
the CAA. This approval action will incorporate these rules into the 
federally approved SIP. The intended effect of approving these rules 
are to regulate emissions of VOCs according to requirements of the CAA.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Executive Order 13045, entitled 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 Executive Order 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 Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. 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 affects 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. If the mandate is unfunded, 
EPA must 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 Executive 
Order 13084 do not apply to this rule.

D. Executive Order 13132

    Executive Order 13121, entitled Federalism (64 FR 43255, August 10, 
1999) revokes and replaces Executive Orders 12612, Federalism and 
12875, Enhancing the Intergovernmental Partnership. Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    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. Thus, the requirements of section 6 of the Executive Order 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

[[Page 34104]]

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 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. 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 25, 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).)

Lists 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: April 12, 2000.
John Wise,
Acting 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)(241)(i)(A)(5), (c)(248)(i)(F), (c)(258)(i)(A)(3) and 
(c)(262)(i)(C)(2) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (241) * * *
    (i) * * *
    (A) * * *
    (5) Rule 67.19, adopted May 15, 1996.
* * * * *
    (248) * * *
    (i) * * *
    (F) * * *
    (1) Regulation 8, Rule 45, adopted on November 6, 1996.
* * * * *
    (258) * * *
    (i) * * *
    (A) * * *
    (3) Rule 425, adopted on March 26, 1997.
* * * * *
    (262) * * *
    (i) * * *
    (C) * * *
    (2) Rule 1151, adopted on December 11, 1998.
* * * * *
[FR Doc. 00-13200 Filed 5-25-00; 8:45 am]
BILLING CODE 6560-50-P