[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Rules and Regulations]
[Pages 56251-56253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23645]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 210-0247a; FRL-6850-1]


Revisions to the California State Implementation Plan, San Diego 
County Air Pollution Control District and 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 to approve revisions to the 
San Diego County Air Pollution Control District (SDCAPCD) and Bay Area 
Air Quality Management District (BAAQMD) portions of the California 
State Implementation Plan (SIP). These revisions concern volatile 
organic compound (VOC) emissions from the wood products coating and the 
metal container, closure, and coil coating source categories. We are 
approving local rules that regulate these emission sources under the 
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on November 17, 2000 without further 
notice, unless EPA receives adverse comments by October 18, 2000. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    You can inspect copies of the submitted SIP revisions and EPA's 
technical support documents (TSDs) at our Region IX office during 
normal business hours. You may also see copies of the submitted SIP 
revisions at the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460;
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812;
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123; and,
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, Rulemaking Office 
(AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 744-
1226.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules or rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA's recommendations to further improve the rules.
    D. Public comment and final action.
III. Background Information
Why were these rules submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving with the dates that 
they were adopted by the local air agencies and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
               Local agency                    Rule #              Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
 SDCAPCD..................................        67.11  Wood Products Coating             08/13/97     05/18/98
                                                          Operations.
BAAQMD....................................         8-11  Metal Container, Metal            11/19/97     03/28/00
                                                          Closure, and Metal Coil
                                                          Coating.
----------------------------------------------------------------------------------------------------------------

    EPA found these rule submittals to meet the completeness 
criteria in 40 CFR part 51, appendix V on the following dates: July 
17, 1998 for SDCAPCD Rule 67.11; and, May 19, 2000 for BAAQMD Rule 
8-11. EPA must find a submittal to be complete before we begin our 
formal review.

B. Are There Other Versions of These Rules?

    There are no previous versions of SDCAPCD Rule 67.11 in the 
California SIP. Although the SDCAPCD adopted earlier versions of 
this rule, these versions were submitted to EPA and later withdrawn 
by CARB. In contrast, EPA approved a version of BAAQMD Rule 8-11 
into the SIP on December 23, 1997.

C. What Is the Purpose of the Submitted Rules or Rule Revisions?

    SDCAPCD Rule 67.11, Wood Products Coating Operations, is a rule 
designed to reduce volatile organic compound (VOC) emissions at 
industrial sites preparing and coating wood products such as 
furniture, cabinets, shutters, and frames. Rule 67.11 establishes 
VOC emission limits in grams of VOC per litre (gr/l) of coating. It 
also allows using of add-on emission control devices. The rule also 
contains provisions for record keeping, appropriate test methods, 
and exemptions. Rule 67.11 reduces VOC emissions by requiring the 
following actions: low VOC coatings use or use of pollution control 
equipment; proper storage, clean-up, handling, and disposal of VOC 
containing material; and, emission limits on the use of strippers on 
wood products.
    BAAQMD Rule 8-11, Metal Container, Closure, and Coil Coatings, 
reduces VOC emissions at industrial sites coating metal coils, cans, 
drums, pails, and lids. VOCs are emitted during the preparation, 
coating, and drying of these metal components. Rule 8-11 establishes 
VOC emission limits per liter of coating and also allows for using 
of add-on emission control devices.
    BAAQMD's August 17, 1997 amendments to Rule 8-11 made several 
changes to the existing rule by adding new VOC content limits for 
the following coating categories upon adoption in 1997:

--Interior body spray coatings for two and three piece cans;
--Interior and exterior body spray coatings applied to new drums;
--End sealing compound used on non-food and beverage cans and non-
food drums;
--End sealing compound used on food cans; and,
--End sealing compound used on food drums.
    Most of these coating categories had their VOC content limits 
lowered in January 1998 and January 2000. The remaining VOC content 
limits, end sealing compound used on food cans and food drums, will 
be lowered in January 2002.
    The TSD has more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of 
the Act), must require Reasonably Available Control Technology 
(RACT) for major sources in nonattainment areas (see section 
182(a)(2)(A)), and must not relax existing requirements (see 
sections 110(l) and 193). Both the SDCAPCD and the BAAQMD regulate 
an ozone nonattainment

[[Page 56252]]

area (see 40 CFR part 81), so SDCAPCD Rule 67.11 and BAAQMD Rule 8-
11 must fulfill RACT.
    EPA used the following guidance and policy documents to define 
specific enforceability and RACT requirements:
    1. Portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``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 
published in the May 25, 1988 Federal Register.
    3. ``Guideline Series: Control of Volatile Organic Compound 
Emissions from Wood Furniture Manufacturing Operations,'' USEPA, 
April, 1996.
    4. ``Control of Volatile Organic Emissions from Existing 
Stationary Sources Volume II: Surface Coating of Cans, Coils, Paper, 
Fabrics, Automobiles, and Light Duty Trucks,'' USEPA, May 1977, EPA-
450/2-77-008.

B. Do the Rules Meet the Evaluation Criteria?

    SDCAPCD Rule 67.11 is inconsistent with the relevant policy and 
guidance regarding RACT. However, using a negative declaration, 
SDCAPCD certified that there are no major sources of VOC emissions 
for the wood furniture source category operating in San Diego 
County. Because the wood products CTG's applicability statement is 
the same as the CAA's major source threshold of 25 tons per year 
potential to emit, SDCAPCD has exempted itself from the wood 
products CTG requirements. However, should new or existing sources 
within the wood products industry in San Diego County exceed the 25 
tons per year potential to emit threshold, SDCAPCD will have to 
revise Rule 67.11 to comply with the wood products CTG and RACT.
    SDCAPCD adopted their wood furniture negative declaration on 
October 22, 1997. The CARB submitted the negative declaration and 
supporting material on February 25, 1998. EPA published its approval 
of the negative declaration on September 23, 1998 at 63 FR 50764; 
effective November 23, 1998.
    We believe the revisions to BAAQMD Rule 8-11 are consistent with 
the relevant policy and guidance regarding enforceability, RACT, and 
SIP relaxations.
    The TSD has more information on our evaluation of these rules.

C. EPA's Recommendations to Further Improve the Rules

    The TSD for each rule describes additional rule revisions that 
do not affect EPA's current action but are recommended for the next 
time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this, 
so we are finalizing the approval without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we 
are simultaneously proposing approval of the same submitted rules. 
If EPA receives adverse comments by October 18, 2000, we will 
publish a timely withdrawal in the Federal Register to notify the 
public that the direct final approval will not take effect and we 
will address the comments in a subsequent final action based on the 
proposal. If we do not receive timely adverse comments, the direct 
final approval will be effective without further notice on November 
17, 2000. This will incorporate these rules into the federally 
enforceable SIP.

III. Background Information

Why Were These Rules Submitted?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Section 110(a) of the CAA requires 
states to submit regulations that control VOC emissions. Table 2 
lists some of the national milestones leading to the submittal of 
these local agency VOC rules.

                 Table 2--Ozone Nonattainment Milestones
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                  Date                                Event
------------------------------------------------------------------------
March 3, 1978..........................  EPA promulgated a list of ozone
                                          nonattainment areas under the
                                          Clean Air Act as amended in
                                          1977. 43 FR 8964; 40 CFR
                                          81.305.
May 26, 1988...........................  EPA notified Governors that
                                          parts of their SIPs were
                                          inadequate to attain and
                                          maintain the ozone standard
                                          and requested that they
                                          correct the deficiencies
                                          (EPA's SIP-Call). See section
                                          110(a)(2)(H) of the pre-
                                          amended Act.
November 15, 1990......................  Clean Air Act Amendments of
                                          1990 were enacted. Pub. L. 101-
                                          549, 104 Stat. 2399, codified
                                          at 42 U.S.C. 7401-7671q.
May 15, 1991...........................  Section 182(a)(2)(A) requires
                                          that ozone nonattainment areas
                                          correct deficient RACT rules
                                          by this date.
------------------------------------------------------------------------

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 (Public Law 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

[[Page 56253]]

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 November 17, 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: July 20, 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)(255)(i)(F)(1) 
and (c)(277)(i)(C)(1) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (255) * * *
    (i) * * *
    (F) San Diego County Air Pollution Control District.
    (1) Rule 67.11 adopted on March 14, 1989 and amended on August 13, 
1997.
* * * * *
    (277) * * *
    (i) * * *
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-11 adopted on January 24, 1979 and amended on November 
19, 1997.
* * * * *
[FR Doc. 00-23645 Filed 9-15-00; 8:45 am]
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