[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Rules and Regulations]
[Pages 52611-52615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20349]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA246-0353a; FRL-7254-8]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District, 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 miscellaneous metal parts 
coating, aerospace assembly and component manufacture and coating, 
pleasure craft coating and boatyard operations, and resin 
manufacturing. 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 October 15, 2002 without further 
notice, unless EPA receives adverse comments by September 12, 2002. 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, 1001 ``I'' Street, Sacramento, CA 95814;
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765; and,
Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, CA, 93993.

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
    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 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
----------------------------------------------------------------------------------------------------------------
SCAQMD                                     1141  Control of Volatile Organic Compound      11/17/00     03/14/01
                                                  Emissions From Resin Manufacturing.
SCAQMD                                     1124  Aerospace Assembly and Component          09/21/01     01/22/02
                                                  Manufacturing Operations.
SCAQMD                                     1107  Coating of Miscellaneous Metal Parts      11/19/01     03/15/02
                                                  and Products.
VCAPCD                                  74.24.1  Pleasure Craft Coating and Commercial     01/08/02     03/15/02
                                                  Boatyard Operations.
----------------------------------------------------------------------------------------------------------------

    We determined these rule submittals met the completeness criteria 
in 40 CFR part 51 Appendix V on the following dates: Rule 1141, May 25, 
2001; Rule 1124, February 27, 2002; Rule 1107, May 7, 2002; and, Rule 
74.24.1, May 7,

[[Page 52612]]

2002. These completeness criteria must be met before formal EPA review 
can begin.

B. Are There Other Versions of These Rules?

    We approved versions of these rules into the SIP on the dates 
listed: SCAQMD Rule 1141, December 20, 1993; SCAQMD Rule 1124, August 
1, 1998; SCAQMD Rule 1107, February 12, 2002; and, VCAPCD Rule 74.24.1, 
August 31, 1999. 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?

    SCAQMD Rule 1141 specifies process and manufacturing requirements 
for resin manufacturers designed to reduce VOC emissions. These 
processes include resin manufacturing by continuous polystyrene 
process, a liquid phase high density polyethylene slurry, and a liquid 
phase polypropylene process. SCAQMD made the following revisions to 
Rule 1141:
     The definitions of Exempt Compound and VOCs are deleted 
and replaced with a reference to Rule 102--Definition of Terms;
     An alternative for monthly recordkeeping is added if the 
resin manufacturing operations are not subject to a daily production 
limit or daily VOC limit within any other rule or permit; and,
     A usage cut-off exemption is added providing for a monthly 
limit of 220 pounds of VOC per month should a facility keep monthly 
records.
    SCAQMD Rule 1124 is a rule designed to reduce VOC emissions at 
industrial sites engaged in the assembly and manufacture of aerospace 
components for aircraft and space vehicles. Rule 1124's requirements 
apply to maskant applicators, aircraft refinishers, aircraft fastener 
manufacturers, aircraft operators, and aircraft maintenance and service 
facilities. The revisions SCAQMD made to Rule 1124 are listed below.
     An additional year is allowed for the 250 gr/l emission 
limit for adhesive bonding primers to become effective in 1/1/03.
     Adhesive bonding primers used in remanufactured parts will 
remain indefinitely at 805 gr/l instead of lowered to 250 gr/l as in 
the 1998 SIP rule.
     Adhesion promotors are reinstated at an 850 gr/l limit and 
dropping to 250 gr/l in 2005.
     The exemption for rubber solution fuel tank coatings is 
extended from 
1/01/02 to 1/01/05.
     The emissions limit for antichafe coatings is reduced from 
600 gr/l to 420 gr/l, effective 3/01/02.
     The emissions limit for fire resistant coating used in 
military applications is reduced from 970 gr/l to 800 gr/l, effective 
3/01/02.
     The emissions limit for extrudable, brushable, and 
rollable sealants is reduced from 600 gr/l to 280 gr/l, effective 3/01/
02.
     A specialty category for mold release coatings is added 
with an emissions limit of 750 gr/l.
     Finally, the emissions limit for Type II chemical milling 
maskants is reduced from 250 gr/l to 160 gr/l, effective 3/01/02.
    SCAQMD Rule 1107 is a rule designed to reduce VOC emissions at 
industrial sites engaged in metal coating operations. VOCs are emitted 
during the preparation and coating of the metal parts, as well as the 
drying phase of the coating process. Listed below are the significant 
revisions that SCAQMD made to Rule 1107. Other minor revisions are 
listed in the TSD.
     A limited exemption for electrocoatings with a 450 gram/
liter VOC content. These coatings are further limited by use to 66 
gallons per month. Additional definitions were added to facilitate this 
amendment.
     The applicability statement has been amended to 
distinguish Rule 1107 from Rule 1113--Architectural Coatings.
     Test methods were added to determine the acid content of 
pretreatment primers and etching filters, to quantify the weight 
percent of elemental aluminum metal coatings and the metal content for 
metals other than aluminum in coatings, and to determine low 
concentration non-ethane organic compound emissions.
     Finally, several expired compliance dates were deleted.
    VCAPCD Rule 74.24.1 is a rule designed to reduce VOC emissions at 
industrial sites engaged in manufacturing or repairing vessels in 
commercial boatyards. Most of these vessels are operated, leased, 
rented, or chartered to a person or business for recreational purposes. 
VOCs are emitted during the preparation, repair, and coating of 
vessels, as well as the drying phase of the coating process.
    VCAPCD amendments to Rule 74.24.1 included the changes described 
below.
     The emissions limit for antifoulant coatings was raised 
from 330 grams per liter (gr/l) to 400 gr/l.
     The emissions limit for two-component topcoats was raised 
from 490 gr/l to 650 gr/l.
     New spray gun cleaning requirements were added to the 
rule.
     Low vapor pressure cleaning solvent requirements for spray 
gun cleaning and general clean up were added to the rule.
     Test methods were added for determining composite vapor 
pressure and active and passive solvent losses from spray gun cleaning.
     Finally, definitions were added to facilitate the new 
spray gun cleaning and solvent requirements.
    Each of the subject TSDs have 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 
Clean Air Act (CAA or 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 and VCAPCD regulate an ozone 
nonattainment area (see 40 CFR part 81), so each of these rules must 
fulfill RACT.
    Guidance and policy documents that we used to help evaluate 
specific enforceability and RACT requirements consistently are listed 
below.
    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 Notice,'' (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.
    3. ``Control of Volatile Organic Emissions from Coating Operations 
at Aerospace Manufacturing and Rework Operations,'' USEPA, 1997, EPA-
453/R-97-004, and subsequent revisions.
    4. ``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. The 
revisions to each rule will be reviewed particularly concerning SIP 
relaxations.

[[Page 52613]]

    With Rule 1141 and similar rules, SCAQMD staff did several studies 
to examine the probable emissions effects of amending the recordkeeping 
threshold. These studies examined the overall emission effects and 1141 
rule-related effects of a change in recordkeeping requirements. The 
concern was whether or not a facility would change its daily activities 
and resulting emission patterns when allowed a monthly recordkeeping 
regime as opposed to a daily requirement. From the results of the 
overall study, it appeared that average daily usage did not change 
under either recordkeeping regime. Also, SCAQMD found that there would 
be no change in either overall, or daily VOC emissions for the resin 
manufacturers due to adding the monthly recordkeeping option. The 
requirements of the rule do not change regardless of the recordkeeping 
option chosen.
    The exemption for 220 pounds of VOC per calendar month is an 
extension of the size-cutoff of 10 pounds per day. It is unlikely that 
a manufacturing firm would so significantly increase its operations and 
resulting emissions as to idle its plant for most of a month while 
operating under a 220 pound emissions cap related to recordkeeping. 
SCAQMD's study found that 35 of 40 resin manufacturing firms in the 
South Coast did not qualify for either the daily or monthly exemption. 
The remaining 5 firms were already exempt from the rule. Therefore, 
adding a monthly size-cutoff for recordkeeping would not allow sources 
to avoid regulation. To conclude, the submitted Rule 1141 does not 
interfere with reasonable further progress or attainment. We do not 
expect either the daily pattern of emissions, or the number of exempt 
sources to increase.
    Concerning Rule 1124, SCAQMD staff calculated the net effect on VOC 
emissions of the amendments to the rule. Initial foregone emission 
reductions are estimated to be 48 pounds per day. By 2005, when all 
lower emissions limits take effect, the amount of foregone emissions 
reductions is estimated to be 12 pounds per day. Compared to an 
estimated annual average VOC emissions of 5211 pounds per day for the 
aerospace source category, these foregone emission reductions amount to 
an increase of 0.23%. Furthermore, an added 12 pounds/day is unlikely 
to interfere with RFP or attainment of the NAAQS when considered 
against the 323 tons per day of VOC emissions that would be allowed 
under the current SIP approved attainment plan. In conclusion, EPA has 
determined that 12 pounds per day are unlikely to interfere with 
reasonable further progress or attainment.
    Prior to amending Rule 1107, SCAQMD staff compared a 3 pounds (lb) 
of VOC/gallon coating, the SIP-approved rule VOC content, applied with 
existing conventional techniques, with using a 3.75 lb VOC/gallon 
coating applied using electrophoresis. Because of the higher transfer 
efficiency and the thinner applied coating thickness, the 
electrophoresis coating technique resulted in less VOC emissions when 
coating the same surface area. At this time, the exemption for 
electrophoresis coating techniques is used by a single source. To 
conclude, the Rule 1107 will not interfere with reasonable further 
progress or attainment. Net emissions are expected to decrease slightly 
given the different application methodology.
    When considering the revisions to Rule 74.24.1, VCAPCD staff 
estimated that the new spray gun cleaning and low vapor pressure 
solvent requirements will offset the two relaxed emission limits by 
1000 pounds per year. The rule relaxations for anti-foulant and two 
component topcoats will result in an increase of 900 pounds per year. 
This estimate is based on actual coating use and permit limits for the 
four boatyards affected by the rule. New spray gun cleaning and low 
vapor pressure cleaning solvent use are expected to reduce emissions by 
1900 pounds per year. To conclude, the submitted Rule 74.24.1 does not 
interfere with reasonable further progress or attainment. The net 
effect of amendments to the rule is to reduce ROC emissions.
    The subject TSD has more information on our evaluation of each 
rule.

C. EPA Recommendations To Further Improve the Rules

    The TSDs for SCAQMD Rules 1141 and 1124 describe 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 
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 September 12, 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 October 15, 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

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
------------------------------------------------------------------------
                     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.

[[Page 52614]]

 
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 13211, 
``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. 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 October 15, 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: July 16, 2002.
Keith Takata,
Associate 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 revising paragraph (c)(286) 
introductory text, and by adding paragraphs (c)(286)(i)(A)(3), 
(c)(293)(i)(A)(2), (c)(297)(i)(A)(3) and (c)(297(i)(C) to read as 
follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (286) New and amended regulations for the following APCDs were 
submitted on March 14, 2001 by Governor's designee.
    (i) * * *
    (A) * * *
    (3) Rule 1141 adopted on July 8, 1983, and amended on November 17, 
2000.
* * * * *
    (293) * * *
    (i) * * *
    (A) * * *
    (2) Rule 1124 adopted on July 6, 1979, and amended on September 21, 
2001.
* * * * *
    (297) * * *
    (i) * * *
    (A) * * *
    (3) Rule 74.24.1 adopted on November 10, 1998, and amended on 
January 8, 2002.
* * * * *
    (C) South Coast Air Quality Management District.

[[Page 52615]]

    (1) Rule 1107 adopted on June 1, 1979, and amended on November 9, 
2001.
* * * * *
[FR Doc. 02-20349 Filed 8-12-02; 8:45 am]
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