[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Rules and Regulations]
[Pages 51187-51190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21584]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 284-0399a; FRL-7536-2]


Revisions to the California State Implementation Plan, Bay Area 
Air Quality Management District and San Joaquin Valley Unified 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 
Bay Area Air Quality Management District (BAAQMD) and San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD) portions of 
the California State Implementation Plan (SIP). The BAAQMD revisions 
concern the emission of volatile organic compounds (VOCs) from the use 
of solvents and surface coatings. The SJVUAPCD revision concerns the 
emission of VOCs from a glycol dehydration system used on natural gas 
streams. 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 27, 2003 without further 
notice, unless EPA receives adverse comments by September 25, 2003. If 
we receive such 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; [email protected].
    You can inspect a copy of the submitted rules and EPA's technical 
support documents (TSDs) at our Region IX office during normal business 
hours. You may also see a copy of the submitted rules and TSDs at the 
following locations:

    Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, (Mail Code 6102T), Room B-102, 1301 
Constitution Avenue, NW., Washington, DC 20460.
    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
    Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.
    San Joaquin Valley Unified Air Pollution Control District, 1990 
East Gettysburg Street, Fresno, CA 93726.


[[Page 51188]]


    A copy of the rules may also be available via the Internet at 
http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is 
not an EPA Web site and may not contain the same version of the rule 
that was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Al Petersen, U.S. Environmental 
Protection Agency, Region IX, (415) 947-4118.

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 are the purposes 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. Public comment and final action
III. Background information
    Why were these rules submitted?
IV. Statutory and Executive Order Reviews

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 revised by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
        Local agency           Rule No.             Rule title                Adopted or amended      Submitted
----------------------------------------------------------------------------------------------------------------
BAAQMD                               8-4  General Solvent and Surface     Amended 10/16/02.........     04/01/03
                                           Coating Operations.
BAAQMD                              8-16  Solvent Cleaning Operations...  Amended 10/16/02.........     04/01/03
SJVUAPCD                            4408  Glycol Dehydration Systems....  Adopted 12/19/02.........     04/01/03
----------------------------------------------------------------------------------------------------------------

    On May 13, 2003, these submittals were found to meet the 
completeness criteria in 40 CFR Part 51 Appendix V, which must be met 
before formal EPA review.

B. Are There Other Versions of These Rules?

    We gave a full approval to a version of BAAQMD Rule 8-4 on December 
23, 1997 (62 FR 66998). We gave a limited approval/limited disapproval 
to a version of BAAQMD Rule 8-16 on April 16, 2003 (68 FR 18546). There 
is no version of SJVUAPCD Rule 4408 in the SIP.

C. What Are the Purposes of the Submitted Rules or Rule Revisions?

    The purpose of the revisions to BAAQMD Rule 8-4 are to make the 
following changes:
    [sbull] 8-4-110: Deleted is the exemption for water-base coatings 
and high-solids coatings that do not come in contact with a flame.
    [sbull] 8-4-112: Deleted is the exemption for organic diluents that 
react in any operation such that no more than 20% volatilizes.
    [sbull] 8-4-115: Added is an exemption for film cleaners using 
1,1,1-trichloroethane exclusively.
    [sbull] 8-4-116: Added are exemptions for specific operations that 
include (i) Surface preparation of electrical and electronic 
components, precision optics, or numismatic dies; (ii) stripping of 
cured inks, coatings, and adhesives or cleaning of resin, coating, ink, 
and adhesive mixing, molding, and application equipment; and (iii) 
surface preparation related to R&D operations, performance testing, and 
testing for quality control or quality assurance.
    [sbull] 8-4-214: Added to the list of VOC not considered part of 
the coating are non-precursors methane, carbon monoxide, carbon 
dioxide, carbonic acid, metallic carbides or carbonates, ammonium 
carbonate, acetone, methyl acetate, parachlorobenzotrifluoride, and 
cyclic, completely-methylated siloxanes. Deleted from the list of VOC 
not considered part of the coating are various chlorinated and 
fluorinated hydrocarbons.
    [sbull] 8-4-301: Deleted is the requirement that operations 
involving flame or heat to cure in the presence of oxygen do not emit 
more than 2.5 tons per year of VOC. This requirement would become 5 
tons per year of VOC under section 8-4-302.1.
    [sbull] 8-4-302.2: Added is the alternative requirement to sections 
8-4-302.1 or 8-4-302.3 that emissions from surface coating or solvent 
use be controlled with an approved emission control system to an 
abatement efficiency of 85%.
    [sbull] 8-4-302.3: Added is the alternative requirement to sections 
8-4-302.1 or 8-4-302.2 that surface coatings contain no more than 420 
grams per liter of VOC.
    [sbull] 8-4-312: Added is the requirement with certain exceptions 
for cleanup of spray equipment that the solvent contain no more than 50 
grams per liter of VOC.
    [sbull] 8-4-313: Added is the requirement for surface preparation 
that the solvent contain no more than 50 grams per liter of VOC.
    The purpose of the revisions to BAAQMD Rule 8-16 are to make the 
following changes and to correct deficiencies cited in the limited 
approval/limited disapproval action of April 16, 2003 (68 FR 18546):
    [sbull] 8-16-121: Deleted is the limited exemption for one single 
cold cleaner per facility with less than 20 gallons per year solvent 
loss.
    [sbull] 8-16-122: Deleted is the limited exemption for permitted 
cold cleaners.
    [sbull] 8-16-123: Added are exemptions from section 8-16-303.5 for 
cleaning aerospace components; electrical and electronic components; 
precision optics; medical devices; resin, coating, ink, and adhesive 
application equipment; research and development equipment; performance 
testing equipment; and quality control equipment.
    [sbull] 8-16-124: Added is an exemption from recordkeeping 
requirements for aqueous cleaning operations using solvent with less 
than 50 grams/liter VOC.
    [sbull] 8-16-303.5: Added is a requirement for all repair and 
maintenance cleaning operations to use low VOC solvents with less than 
50 grams/liter VOC, such as aqueous-based solvents or methyl siloxane-
based solvents.
    [sbull] 8-16-503: Added are recordkeeping requirements for approved 
emission control devices.
    [sbull] 8-16-501: Revised to monthly from annually is the solvent 
use recordkeeping frequency (to correct a deficiency cited by EPA).
    [sbull] 8-16-111, 8-16-602.2, and 8-16-602.3: Corrected are certain 
erroneous section references (to correct deficiencies cited by EPA).
    The purpose of the new SJVUAPCD Rule 4408 is to reduce emissions of 
volatile organic compounds (VOCs) from a glycol dehydration system used 
on natural gas streams.
    The TSDs have more information about these rules.

[[Page 51189]]

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 
CAA) and must not relax existing requirements (see sections 110(l) and 
193). SIP rules must require Reasonably Available Control Technology 
(RACT) for major sources in ozone nonattainment areas (see section 
182(a)(2)(A)).
    The BAAQMD regulates a CAA subpart 1 ozone nonattainment area and 
the rules must fulfill the requirements of RACT. The SJVUAPCD regulates 
a severe ozone nonattainment area. See 40 CFR 81.305. The District 
identified the control of VOC emissions from natural gas dehydration 
systems in Rule 4408 as a Reasonably Available Control Measure (RACM) 
for implementation in 2003. See 2002 and 2005 Rate of Progress Plan, 
SJVUAPCD. Therefore, Rule 4408 must fulfill RACM/RACT requirements.
    The following guidance documents were used for reference:
    [sbull] Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    [sbull] Portions of the proposed post-1987 ozone and carbon 
monoxide policy that concern RACT, 52 FR 45044 (November 24, 1987).
    [sbull] Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations, EPA (May 25, 1988) (the Bluebook).
    [sbull] Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, EPA Region IX (August 21, 2001) (the Little Bluebook).
    [sbull] Determination of RACT and BARCT for Organic Solvent 
Cleaning and Degreasing Operations, California Air Resources Board 
(July 7, 1991).
    [sbull] Control of VOE from Solvent Metal Cleaning, EPA-450-2-77-
022 (November 1977).

B. Do the Rules Meet the Evaluation Criteria?

    We believe all of the rules are consistent with the relevant policy 
and guidance regarding enforceability, SIP relaxations, and fulfilling 
RACT. All of the deficiencies identified in our previous limited 
approval/limited disapproval action on BAAQMD Rule 8-16 have been 
adequately addressed as follows:
    [sbull] 8-16-501: The solvent use recordkeeping frequency is 
increased to monthly from annually.
    [sbull] 8-16-111, 8-16-602.2, and 8-16-602.3: Corrected are certain 
erroneous section references.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, 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 we 
receive adverse comments by September 25, 2003, 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 27, 2003. This will 
incorporate these rules into the federally-enforceable SIP. It will 
also permanently terminate all sanctions and FIP implications 
associated with our final action on BAAQMD Rule 8-16 on April 16, 2003 
(68 FR 18546).
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this direct final 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, smog, and particulate matter 
which harm human health and the environment. EPA has established 
National Ambient Air Quality Standards (NAAQS) for ozone. Section 
110(a) of the CAA requires states to submit regulations in order to 
achieve and maintain the NAAQS. Table 2 lists some of the national 
milestones leading to the submittal of 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. Statutory and Executive Order Reviews

    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 (Public Law 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

[[Page 51190]]

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 CAA. 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 CAA. 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 CAA. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 27, 2003. 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: June 27, 2003.
Jane Diamond,
Acting Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(315) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (315) New and amended regulations for the following APCDs were 
submitted on April 1, 2003, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 8-4, amended on October 16, 2002 and Rule 8-16, adopted on 
March 7, 1979 and amended on October 16, 2002.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4408, adopted on December 19, 2002.
* * * * *
[FR Doc. 03-21584 Filed 8-25-03; 8:45 am]
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