[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Rules and Regulations]
[Pages 36105-36108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12839]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA247-0325a; FRL-7201-6]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District, and 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 
South Coast Air Quality Management District (SCAQMD) and Ventura County 
Air Pollution Control District (VCAPCD) portions of the California 
State Implementation Plan (SIP). These revisions concern volatile 
organic compound (VOC) emissions from solvent usage and graphic arts 
operations. 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 July 22, 2002 without further notice, 
unless EPA receives adverse comments by June 24, 2002. If we receive 
adverse comments, 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;
South Coast Air Quality Management District, 21865 East Copley 
Drive, Diamond Bar, CA 91765-4182; 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) 947-
4111.

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

[[Page 36106]]



                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                            Rule                 Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD....................................          442  Usage of Solvents............     12/15/00     05/08/01
VCAPCD....................................        74.19  Graphic Arts.................      4/10/01     10/30/01
----------------------------------------------------------------------------------------------------------------

    EPA found these rule submittals met the completeness criteria in 40 
CFR part 51, appendix V on the following dates: on July 20, 2001 for 
SCAQMD Rule 442; and on January 18, 2002 for VCAPCD Rule 74.19. These 
completeness criteria must be met before formal EPA review may begin.

B. Are there Other Versions of These Rules?

    We approved a version of SCAQMD Rule 442 into the SIP on November 
16, 1983. We approved a version of VCAPCD Rule 74.19 into the SIP on 
April 19, 2001. Between these dates and today's action, California has 
not made an intervening submittal of these rules.

C. What Is the Purpose of the Rule Revisions?

    SCAQMD Rule 442 specifies emission limits for organic materials 
used in operations not governed by SCAQMD Regulation 11 rules. These 
emission limits take the form of daily and monthly facility wide 
emission caps. A facility may meet these caps by installing emission 
control equipment, changing product formulation, or modifying 
manufacturing operations.
    SCAQMD's December 15, 2000 amendments to Rule 442 revised the 1983 
version within the SIP. Now, Rule 442 is formatted similar to other 
SCAQMD prohibitory rules. Consequently, the rule now incorporates the 
following sections: purpose, applicability, definitions, requirements, 
control equipment, test methods, recordkeeping, storage and disposal of 
VOC containing materials, and exemptions. Most of the 1983 rule 
language has been incorporated within this new format. The most 
significant addition to Rule 442 is the emission requirements that 
apply upon January 1, 2003. Here, daily VOC emission caps are replaced 
by a monthly emission cap of 833 pounds per facility.
    VCAPCD Rule 74.19 is a rule designed to reduce volatile organic 
compound (VOC) emissions at industrial sites engaged in graphics arts 
operations such as flexographic printing, gravure printing, and 
lithographic printing. VOCs are emitted during the surface preparation, 
cleaning, printing, and drying phases of these processes.
    VCAPCD's September 10, 1996 version of Rule 74.19 was amended as 
follows:

--The required ROC (reactive organic compound) content of adhesives 
used for printing operations was lowered;
--The required ROC content of flexographic inks on porous substrates 
was lowered;
--The required ROC content of fountain solutions used by lithographic 
printing operations was lowered;
--The required ROC content or vapor pressure of cleaning solvents used 
for printing operations was reduced; and
--The exemption limit of the rule was lowered from 175 pounds of ROC 
emissions per month to 200 pounds of ROC emissions per year.
    Each rule's TSD has more information on these changes.

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 SCAQMD and VCAPCD regulate an ozone nonattainment area (see 40 
CFR part 81), so both Rule 442 and Rule 74.19 must fulfill RACT.
    Guidance and policy documents that we used to help evaluate 
specific enforceability and RACT requirements consistently 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 VIII: Graphic Arts--Rotogravure and Flexography,'' 
USEPA, December 1978, EPA-450/2-78-033.

A second draft CTG was published along with a companion Alternative 
Control Technique (ACT) document:
    4. ``Guideline Series, Control of Volatile Organic Compound 
Emissions from Offset Lithographic Printing,'' Draft, USEPA, OAQPS, 
September 1993; and,
    5. ``Alternative Control Techniques Document: Offset Lithographic 
Printing,'' USEPA, OAQPS, June 1994, EPA 453/R-94-054.

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.
    Within SCAQMD Rule 442, daily VOC emission caps are replaced by a 
monthly emission cap of 833 pounds per facility. This monthly emissions 
cap of 833 pounds per month is approximately equivalent to the daily 
cap for photochemically reactive solvents assuming 22 working days a 
month. Furthermore, the 833 pound monthly limit is more stringent than 
the 600 pound daily emissions cap for non-photochemically reactive 
organic solvents that will be removed. As a result, the submitted Rule 
442 does not interfere with reasonable further progress or attainment.
    VCAPCD Rule 74.19's coating limits and exemption limit have been 
made more stringent. VCAPCD staff estimate that the April 10, 2001 
changes to Rule 74.19 will reduce ROC emissions from graphics arts 
operations by 20 tons per year. In sum, the SIP is not weakened by the 
April 2001 changes to Rule 74.19.
    The TSD for each rule has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSD for VCAPCD Rule 74.19 describes additional rule revisions 
that do not affect EPA's current action but are recommended for the 
next time the local agency modifies the rule.

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

[[Page 36107]]

proposing approval of the same submitted rules. If we receive adverse 
comments by June 24, 2002, 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 July 22, 2002. This will incorporate these rules into the 
federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

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. For this 
reason, this 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 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).
    This rule also does not have tribal implications because it will 
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). This action also does not have Federalism 
implications because it does 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). This action 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, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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 July 22, 2002. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: March 29, 2002.
Laura Yoshii,
Deputy 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.

[[Page 36108]]

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs (c)(284)(i)(B)(3) 
and (c)(288)(i)(C) to read as follows:


 52.220  Identification of plan.

* * * * *
    (c) *-*-*
    (284) *-*-*
    (i) *-*-*
    (B) *-*-*
    (3) Rule 442 adopted on May 7, 1976 and amended on December 15, 
2000.
* * * * *
    (288) *-*-*
    (i) *-*-*
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.19 adopted on August 11, 1992 and amended on April 10, 
2001.
* * * * *
[FR Doc. 02-12839 Filed 5-22-02; 8:45 am]
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