[Federal Register Volume 66, Number 76 (Thursday, April 19, 2001)]
[Rules and Regulations]
[Pages 20086-20089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9590]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA191-0278a; FRL-6963-1]


Revisions to the California State Implementation Plan, Ventura 
County Air Pollution Control 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 
Ventura County Air Pollution Control District portion of the California 
State Implementation Plan (SIP). These revisions concern volatile 
organic compound (VOC) emissions from the following source categories: 
metal parts and products coating, aerospace assembly and component 
manufacturing, motor vehicle and mobile equipment coating, graphic 
arts, marine coatings, and wood products coatings. 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 June 18, 2001 without further notice, 
unless EPA receives adverse comments by May 21, 2001. 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 D.C. 20460;
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814; and,
Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, CA 93003.

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.

[[Page 20087]]

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 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 recommendations to further improve the rules.
    D. Public comment and final action.
III. Background information.
    A. 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 date that they 
were adopted by the Ventura County Air Pollution Control District 
(VCAPCD) and submitted by the California Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agnecy                Rule No.            Rule title               Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD................................      74.12  Surface Coating of Metal              9/10/96          3/3/97
                                                    Parts & Products.
                                            74.13  Aerospace Assembly &                  9/10/96          3/3/97
                                                    Component Manufacturing.
                                            74.18  Motor Vehicle and Mobile              9/10/96          3/3/97
                                                    Equipment Coating.
                                            74.19  Graphic Arts.................         9/10/96          3/3/97
                                            74.24  Marine Coatings..............         9/10/96          3/3/97
                                            74.30  Wood Products Coatings.......         9/10/96          3/3/97
----------------------------------------------------------------------------------------------------------------

    On August 12, 1997, EPA found that these rule submittals met the 
completeness criteria in 40 CFR Part 51 Appendix V. These criteria must 
be met before formal EPA review begins.

B. Are There Other Versions of These Rules?

    There are previous versions of these rules within the SIP. Since 
their incorporation within the SIP, CARB has not submitted amended 
versions of these rules prior to this current submittal.

C. What Is the Purpose of the Rule Revisions?

    VCAPCD made the following revisions to the above listed rules:

--vapor pressure calculations, low usage exemptions, and spray gun 
washing requirements were standardized;
--definitions, requirements, and test methods concerning spray gun 
cleaning were standardized;
--a daily recordkeeping requirement for noncompliant coating, solvent, 
ink, or adhesive use was added;
--Rules 74.12, 74.13, 74.20, 74.24, and 74.30 were revised to exempt 
coating operations emitting less than 200 pounds of reactive organic 
compound per rolling 12 month period; and,
--clean-up solvent limits were added to Rules 74.12, 74.18, and 74.24.
    The Technical Support Document (TSD) reviewing each rule provides a 
more detailed discussion of the amendments to 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). The 
VCAPCD regulates an ozone nonattainment area (see 40 CFR part 81), so 
Rules 74.12, 74.13, 74.18, 74.24, and 74.30 must fulfill RACT.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:

--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 published in the 
May 25, 1988 Federal Register.
--``Control of Volatile Organic Emissions from Existing Stationary 
Sources Volume VI: Surface Coating of Miscellaneous Metal Parts and 
Products,'' USEPA, June 1978, EPA-450/2-78-015.
--``Control of Volatile Organic Compound Emissions from Coating 
Operations at Aerospace Manufacturing and Rework Operations,'' EPA-453/
R-97-004.
--``National Volatile Organic Compound Emission Standards for 
Automobile Refinish Coatings,'' at 40 CFR (Code of Federal Regulations) 
Part 59, Subpart B.
--``Control Techniques Guidelines (CTG) for Shipbuilding and Ship 
Repair Operations (Surface Coating), USEPA, 61 Federal Register 44050-
44057, August 27, 1996.
--``Guideline Series: Control of Volatile Organic Compound Emissions 
from Wood Furniture Manufacturing Operations,'' USEPA, April, 1996.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. Please 
see the relevant TSD reviewing a given rule for more detailed 
information concerning our evaluation.

C. EPA Recommendations To Further Improve the Rules

    Each TSD 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. The most common correction needed is to 
incorporate the most recent EPA guidance and methodologies for 
determining VOC capture and control efficiency.

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 
approval, so we are finalizing it 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 we 
receive adverse comments by May 21, 2001, 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 June 18, 2001. This will incorporate these 
rules into the federally enforceable SIP.

[[Page 20088]]

III. Background Information

A. 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). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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. section 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. 
section 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 18, 2001. 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).)

[[Page 20089]]

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 19, 2001.
Mike Schulz,
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 paragraph (c)(244) (i)(G) to 
read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (244) * * *
    (i) * * *
    (G) Ventura County Air Pollution Control District.
    (1) Rules 74.12, 74.13, 74.18, 74.19, 74.24, and 74.30, amended on 
September 10, 1996.

[FR Doc. 01-9590 Filed 4-18-01; 8:45 am]
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