[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Proposed Rules]
[Pages 48399-48401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23478]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA246-0286; FRL-7058-4]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve revisions to the South Coast Air 
Quality Management District portion of the California State 
Implementation Plan (SIP). These revisions concern recordkeeping 
requirements as well as volatile organic compound (VOC) emissions from 
spray coating operations, metal parts and products coating operations, 
coating and ink manufacturing, surfactant manufacturing, and polyester 
resin operations. We are proposing to approve local rules that regulate 
these emission sources under the Clean Air Act as amended in 1990 (CAA 
or the Act). We are taking comments on this proposal and plan to follow 
with a final action.

DATES: Any comments must arrive by October 22, 2001.

ADDRESSES: Mail comments to Andrew 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, 1001 ``I'' Street, Sacramento, CA 95814; and,
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office 
(AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 744-
1185.

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 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.
    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 addressed by this proposal with the dates 
that they were adopted by the SCAQMD and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
              Local agency                   Rule #               Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..................................          109  Record Keeping for Volatile....     11/17/00      3/14/01
                                                       Organic Compound Emissions.....
SCAQMD..................................          481  Spray Coating Operations.......     11/17/00      3/14/01
SCAQMD..................................         1107  Coating of Metal Parts &            11/17/00      3/14/01
                                                        Products.
SCAQMD..................................       1141.1  Coating and Ink Manufacturing..     11/17/00      3/14/01
SCAQMD..................................       1141.2  Surfactant Manufacturing.......     11/17/00      3/14/01
SCAQMD..................................         1162  Polyester Resin Operations.....     11/17/00      3/14/01
----------------------------------------------------------------------------------------------------------------


[[Page 48400]]

    On May 25, 2001, EPA found these rule submittals met the 
completeness criteria in 40 CFR part 51, appendix V. These criteria 
must be met before formal EPA review may begin.

B. Are There Other Versions of These Rules?

    We approved versions of the following rules into the SIP on the 
dates listed: Rule 109, April 13, 1995; Rule 481, January 21, 1981; 
Rule 1107, August 19, 1999; Rule 1141.1, May 4, 1999; Rule 1141.2, 
January 15, 1987; and, Rule 1162, August 25, 1994. Between these SIP 
incorporations and today, CARB has made no intervening submittals of 
these rules.

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

    The submitted rule revisions amend the record keeping requirements 
allowing monthly recordkeeping when sources use coatings that comply 
with their relevant SCAQMD Regulation XI rule. In some cases, this 
allowance for monthly recordkeeping is related to an exemption based on 
monthly coating use rather than daily coating use. Sources subject to 
daily use or VOC limits in any applicable SCAQMD rule may not use a 
monthly recordkeeping option. SCAQMD made other minor rule changes such 
as adding new definitions to Rule 109, deleting definitions from the 
subject rules if they are defined in Rule 102--Definitions, and 
deleting obsolete exemptions. The TSD for each rule explains its 
revisions in more detail.

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 
SCAQMD regulates an ozone nonattainment area (see 40 CFR part 81), so 
these rules must fulfill RACT.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:
    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. ``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.

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. SCAQMD 
did several studies to examine the probable effects of changing the 
recordkeeping threshold from a daily to a monthly threshold. These 
studies looked at the overall effects and rule specific effects of 
changing the recordkeeping requirements. The concern was whether or not 
a facility would change its daily activities and resulting emission 
patterns when allowed an option for a monthly recordkeeping regime as 
opposed to a daily requirement. From the results, it appeared that 
average daily usage did not change under either recordkeeping regime. 
Regarding rule specific emission increases, SCAQMD found that there 
would be little or no change to overall or daily VOC emissions for the 
subject rules. For further information, the TSD for each rule reviews 
the emissions analysis specific to that rule.

C. EPA Recommendations To Further Improve the Rules

    The TSDs for Rules 1107 and 1162 describe additional rule revisions 
concerning capture and control efficiency test methods 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

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that 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
------------------------------------------------------------------------
                  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 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this proposed action is also not subject to 
Executive Order 32111, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This proposed 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 proposed 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 proposes to 
approve 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

[[Page 48401]]

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 proposed 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 proposed 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 proposed 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.).

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: August 27, 2001.
Sally Seymour,
Acting Regional Administrator, Region IX.
[FR Doc. 01-23478 Filed 9-19-01; 8:45 am]
BILLING CODE 6560-50-P