[Federal Register Volume 68, Number 210 (Thursday, October 30, 2003)]
[Rules and Regulations]
[Pages 61753-61756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27267]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA284-0407a; FRL-7577-1]


Revisions to the California State Implementation Plan, Bay Area 
Air Quality Management 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) portion of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from solvent and surface 
cleaning operations during large appliance and metal furniture coating, 
miscellaneous metal parts coating, plastic parts and products coating, 
and marine vessel coating. 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 December 29, 2003 without further 
notice, unless EPA receives adverse comments by December 1, 2003. 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, or via email at 
[email protected].
    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:

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

    A copy of the rule 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: Jerald S. Wamsley, EPA Region IX, at 
(415) 947-4111, or via email at [email protected].

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. Stationary 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 dates that they 
were adopted by the BAAQMD and submitted by the California Air 
Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency             Rule No.                 Rule title                  Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
BAAQMD                               8-14      Surface Preparation and Coating of          10/16/02     04/01/03
                                                Large Appliances and Metal Furniture.
BAAQMD                               8-19      Surface Preparation and Coating of          10/16/02     04/01/03
                                                Miscellaneous Metal Parts and Products.
BAAQMD                               8-31      Surface Preparation and Coating of          10/16/02     04/01/03
                                                Plastic Parts and Products.
BAAQMD                               8-43      Surface Preparation and Coating of          10/16/02     04/01/03
                                                Marine Vessels.
----------------------------------------------------------------------------------------------------------------

    On May 13, 2003, EPA made the finding that 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 past versions of these BAAQMD rules into the SIP on 
December 23, 1997 at 62 FR 66998. 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 amendments to these rules added solvent cleaning provisions to 
each rule

[[Page 61754]]

along with complementary changes to the recordkeeping and test method 
portions of each rule. BAAQMD's amendments to these four rules included 
these significant changes to the version within the SIP.

--The VOC definition was updated. Also, several new definitions were 
added such as surface preparation, medical device, and electrical and 
electronic components.
--Standards for minimizing solvent evaporative loss during clean-up 
were added along with a requirement that clean-up solvents not exceed 
50 grams/liter VOC content.
--Surface preparation standards were added along with a requirement 
that surface preparation solvents not exceed 50 grams/liter VOC 
content.
--Record keeping requirements were added for solvents used in clean-up 
and surface preparation.
--The test method section of the rule was amended to include the clean-
up and surface preparation standards.
--A set of test methods, ``Analysis of Solvent Samples'' and ``Analysis 
of Exempt Compounds'' were added.

    Also, BAAQMD added limited exemptions for several activities from 
the solvent cleaning requirements within the rules. These limited 
exemptions are described below and discussed in more detail later in 
this rulemaking.
    BAAQMD Rule 8-14, Surface Preparation and Coating of Large 
Appliances and Metal Furniture, is a rule designed to reduce VOC 
emissions at industrial sites painting and coating these items. VOCs 
are emitted during the preparation and coating of various substrates, 
as well as, the drying phase of the coating process. Rule 8-14 contains 
general and specialty coating VOC emission limits, an abatement device 
efficiency requirement of 85%, solvent evaporative loss standards, and 
surface preparation standards. BAAQMD's amendments to Rule 8-14 
included these specific limited exemptions.

--A limited exemption was added for the following: (1) Surface 
preparation of electrical and electronic components, precision optics, 
and numismatic dies; (2) stripping of cured inks, coatings, and 
adhesives, cleaning of resin, coating, ink and adhesive mixing, molding 
and application equipment; and, (3) surface preparation associated with 
research and development operations, performance testing of coatings, 
adhesives, or inks, and testing for quality control and quality 
assurance.

    BAAQMD Rule 8-19, Surface Preparation and Coating of Miscellaneous 
Metal Parts and Products, is a rule designed to reduce VOC emissions at 
industrial sites engaged in painting and coating various metal parts 
and products. VOCs are emitted during the preparation and coating of 
various substrates, as well as, the drying phase of the coating 
process. Rule 8-19 contains general and specialty coating VOC emission 
limits, an abatement device efficiency requirement of 85%, solvent 
evaporative loss standards, and surface preparation standards. BAAQMD's 
amendments to Rule 8-19 included these specific limited exemptions.

--A limited exemption was added for the following: (1) Surface 
preparation of electrical and electronic components, precision optics, 
and numismatic dies; (2) stripping of cured inks, coatings, and 
adhesives, cleaning of resin, coating, ink and adhesive mixing, molding 
and application equipment; and, (3) surface preparation associated with 
research and development operations, medical devices, pharmaceutical 
manufacturing operations, performance testing of coatings, adhesives, 
or inks, and testing for quality control and quality assurance.
--A limited exemption from the standards in Section 321 was added for 
surface preparation of military components which are prepared under a 
contract that requires the use of a solvent exceeding the requirements 
in Section 321. Such a contract must be entered into before December 1, 
2005.

    BAAQMD Rule 8-31, Surface Preparation and Coating of Plastic Parts 
and Products, is a rule designed to reduce VOC emissions at industrial 
sites coating or painting plastic substrates. VOCs are emitted during 
the preparation and coating of various substrates, as well as, the 
drying phase of the coating process. Rule 8-31 contains general and 
specialty coating VOC emission limits, an abatement device efficiency 
requirement of 85%, solvent evaporative loss standards, and surface 
preparation standards. BAAQMD's amendments to Rule 8-31 included these 
specific limited exemptions.

--A limited exemption was added for the following: (1) Surface 
preparation of electrical and electronic components, precision optics, 
and numismatic dies; (2) stripping of cured inks, coatings, and 
adhesives, cleaning of resin, coating, ink and adhesive mixing, molding 
and application equipment; and, (3) surface preparation associated with 
research and development operations, medical devices, pharmaceutical 
manufacturing operations, performance testing of coatings, adhesives, 
or inks, and testing for quality control and quality assurance.
--A limited exemption from the standards in Section 321 was added for 
surface preparation of military components which are prepared under a 
contract that requires the use of a solvent exceeding the requirements 
in Section 321. Such a contract must be entered into before December 1, 
2005.

    BAAQMD Rule 8-43, Surface Preparation and Coating of Marine 
Vessels, is a rule designed to reduce VOC emissions at industrial sites 
engaged in coating and painting marine vessels and associated 
components. VOCs are emitted during the preparation and coating of 
various substrates, as well as, the drying phase of the coating 
process. Rule 8-43 contains general and specialty coating VOC emission 
limits, an abatement device efficiency requirement of 85%, solvent 
evaporative loss standards, and surface preparation standards. BAAQMD's 
amendments to Rule 8-43 included these specific limited exemptions.

--A limited exemption was added for the following: (1) Surface 
preparation solvent used on surfaces prepared for bonding dissimilar 
substrates; (2) surface preparation solvent used on gears, turbines, 
turbine generators and associated housings with faint or working 
surfaces where surfaces are requried to undergo material testing or 
application for transfer dyes; (3) electrical and electronic 
components; and, (4) surface preparation associated with research and 
development operations, medical devices, pharmaceutical manufacturing 
operations, and performance testing of coatings, adhesives, or inks, 
and testing for quality control and quality assurance.
--A limited exemption from the standards in Section 321 was added for 
surface preparation of military components which are prepared under a 
contract that requires the use of a solvent exceeding the requirements 
in Section 321. Such a contract must be entered into before December 1, 
2005.
--Section 402, Vessels Subject to Coastwide Bid Petition was deleted.

    The TSD for each subject rule has more information.

[[Page 61755]]

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 
BAAQMD regulates an ozone nonattainment area (see 40 CFR part 81), so 
these rules must fulfill RACT.
    Guidance and policy documents that we used to help evaluate 
specific enforceability and RACT requirements consistently include the 
following items 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,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control of Volatile Organic Emissions from Existing Stationary 
Sources Volume III: Surface Coating of Metal Furniture,'' USEPA, 
December 1977, EPA-450/2-77-032.
    5. ``Control of Volatile Organic Emissions from Existing Stationary 
Sources Volume V: Surface Coating of Large Appliances,'' USEPA, 
December 1977, EPA-450/2-77-034.
    6. ``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.
    7. Alternative Control Technique Document: Surface Coating of 
Automotive/Transportation and Business Machine Plastic Parts (EPA 453/
R-94-017, 2/94).
    8. ``Control Techniques Guidelines (CTG) for Shipbuilding and Ship 
Repair Operations (Surface Coating),'' USEPA, 61 Federal Register 
44050-44057, August 27, 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. The 
emissions allowed by the limited exemptions within these rules are 
outweighed by the emission reductions generated by each rule. BAAQMD 
staff provided the following supporting rationale for the limited 
exemptions: (1) Some solvent cleaning is idiosyncratic to the ink, 
coating, or adhesive being removed and could not be achieved without 
considering their formulation; (2) these surface preparation and 
cleaning solvents are used in very small amounts; (3) a specific clean-
up solvent or surface preparation agent is either required, or has no 
workable substitute given the specific task at hand. Overall, these 
amendments to these Regulation 8 rules will result in a VOC emission 
reduction of 2.2 tons per day including the emission effects of the 
limited exemptions (note that 1.7 tons per day of these emission 
reductions are derived from Rule 8-4, adopted simultaneously with these 
other rules).
    The subject TSD has more information on our evaluation each rule.

C. EPA Recommendations to Further Improve the Rules

    We have no 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 December 1, 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 December 29, 2003. 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. Stationary 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 (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

[[Page 61756]]

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 December 29, 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: October 6, 2003.
Laura Yoshii,
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)(i)(A)(2) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (315) * * *
    (i) * * *
    (A) * * *
    (2) Rule 8-14 adopted on March 7, 1979 and amended on October 16, 
2002; Rule 8-19 adopted on January 9, 1980 and amended on October 16, 
2002; Rule 8-31 adopted on September 7, 1983 and amended on October 16, 
2002; and, Rule 8-43 adopted on November 23, 1988 and amended on 
October 16, 2002.
* * * * *
[FR Doc. 03-27267 Filed 10-29-03; 8:45 am]
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