[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Rules and Regulations]
[Pages 3018-3020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1037]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA275-0423a; FRL-7609-2]


Revisions to the California State Implementation Plan, South 
Coast 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 
South Coast Air Quality Management District portion of the California 
State Implementation Plan (SIP). These revisions concern volatile 
organic compound (VOC) emissions from food product manufacturing and 
processing, recordkeeping for VOC sources, and particulate matter (PM) 
emissions from woodworking 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 March 22, 2004 without further notice, 
unless EPA receives adverse comments by February 23, 2004. 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: Send 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 e-mail to 
[email protected], or submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted SIP revisions, EPA's 
technical support documents (TSDs), and public comments at our Region 
IX office during normal business hours by appointment. You may also see 
copies of the submitted SIP revisions by appointment 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,
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765-4182.

    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 website 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 
either (415) 947-4111, or [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. 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 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 No.             Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD....................................       1131  Food Product Manufacturing and      06/06/03     08/11/03
                                                        Processing Operations.
SCAQMD....................................        109  Recordkeeping for Volatile          05/02/03     08/11/03
                                                        Organic Compound Emissions.
SCAQMD....................................       1137  PM-10 Emission Reductions from      02/01/02     11/19/02
                                                        Woodworking Operations.
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[[Page 3019]]

    EPA found these rule submittals met the completeness criteria in 40 
CFR Part 51 Appendix V on the following dates: October 10, 2003 for 
Rule 1131; October 10, 2003 for Rule 109, and February 7, 2003 for Rule 
1137. These completeness criteria must be met before formal EPA review 
can begin.

B. Are There Other Versions of These Rules?

    There are previous versions of Rules 1131 and 109 in the SIP. We 
gave a limited approval and limited disapproval to Rule 1131 on June 
26, 2002 (see 67 FR 43004) and we gave a full approval to Rule 109 on 
February 12, 2002 (see 67 FR 6410). CARB has made no intervening 
submittals of either Rule 1131 or Rule 109 since these last EPA 
actions. There is no version of Rule 1137 in the SIP as it has not be 
submitted to EPA in the past. There have been no subsequent submittals 
of Rule 1137 since CARB's November 2002 submittal to EPA.

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

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Similarly, PM-10 (particulate matter less 
than 10 microns) causes a wide range of health problems. Section 110(a) 
of the CAA requires states to submit regulations that control VOC and 
PM-10 emissions.
    SCAQMD Rule 1131 specifies the VOC content of solvents used in food 
product manufacturing and to clean and sterilize the equipment used in 
the manufacturing process. SCAQMD's June 6, 2003 amendments to Rule 
1131 concerned these sections:

--Subsection (c)(1)(C) was deleted; and,
--The applicability and exemption portions of the rule were amended to 
say that food supplements in tablet or capsule form are regulated by 
Rule 1103--Pharmaceuticals and Cosmetics Manufacturing Operations.

    SCAQMD Rule 109 establishes recordkeeping requirements for 
stationary sources that use coatings, adhesives, solvents and graphic 
arts materials. Rule 109 is referenced by many industry-specific 
prohibitory rules in SCAQMD's 1100 series. SCAQMD's amendments to the 
SIP-approved version of Rule 109 are summarized below.

--Several test methods were added to determine the VOC content of 
super-compliant materials (solvent with a VOC content less than 50 
grams per liter) including non thin-film radiation curable materials.
--A provision was also added to allow sources to use an alternative 
test method if it is adequate to determine compliance and is approved 
in writing by SCAQMD, CARB, and EPA.
--The discussion of exempt compounds within the test method section was 
revised. All compounds not listed in SCAQMD Test Methods 302 and 303 as 
exempt are assumed not to be exempt until they are specifically 
identified by the manufacturer along with the test method used for the 
identification.
--An exemption from recordkeeping was added for super compliant 
materials at a facility where total facility VOC emissions do not 
exceed 4 tons per year, including permitted and non-permitted emissions 
from all VOC containing materials.

    SCAQMD Rule 1137 is designed to limit particulate matter (PM) 
emissions at woodworking operations such as lumbermills, furniture 
manufacturers, cabinet shops, and sash and door manufacturers. The rule 
requires that woodworking operations send sawdust emissions either 
directly to a baghouse filter, or to a pneumatic conveyance device that 
leads to a baghouse filter. These woodworking operations must either 
maintain, or have implemented these controls by July 1, 2002.
    The TSD has 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 
Act), and must not relax existing requirements (see sections 110(l) and 
193). VOC prohibitory rules must require Reasonably Available Control 
Technology (RACT) for major sources in nonattainment areas (see section 
182(a)(2)(A)). Similarly, PM prohibitory rules must require Reasonably 
Available Control Methods (RACM) and Best Available Control Methods 
(BACM) for major sources and significant source categories in serious 
PM nonattainment areas (see section 189 (a) and (b)). The SCAQMD 
regulates an ozone nonattainment area (see 40 CFR part 81), so Rules 
1131 and 109 must fulfill RACT. SCAQMD regulates a serious PM 
nonattainment area; however, Rule 1137 need not fufill RACM or BACM 
given its lack of RACM or BACM status within the SCAQMD PM attainment 
plan. Rule 1137 is only a listed control measure in that plan and need 
only be approvable as meeting enforceability guidelines.
    Guidance and policy documents that we used to help evaluate 
specific enforceability and RACT requirements consistently include the 
following:

--Portions of the proposed post-1987 ozone and carbon monoxide policy 
that concern RACT, 52 FR 45044, November 24, 1987.
--``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
--``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
--General Preamble to Title I of the Clean Air Act Amendments of 1990, 
April 16, 1992, pages 13540-13541.
--General Preamble to Title I of the Clean Air Act Amendments of 1990, 
August 16, 1994, pages 42008-42015.

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 Rule 1131 deleting section (c)(1)(C) addresses the 
deficiency providing cause for our 2002 limited disapproval action. The 
TSDs have more information on our respective evaluation of each rule.

C. EPA Recommendations To Further Improve the Rules

    We have no suggestions for 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 February 23, 2004, 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 March 22, 2004. This will incorporate these 
rules into the federally enforceable SIP and will permanently terminate 
all section 179 and 110(c) sanction and FIP implications associated 
with our limited disapproval of a prior version of Rule 1131.

[[Page 3020]]

    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. 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 (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 March 22, 2004. 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, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 4, 2003.
Wayne Nastri,
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 paragraphs (c)(307)(i)(D) and 
(c)(320)(i)(B) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (307) * * *
    (i) * * *
    (D) South Coast Air Quality Management District.
    (1) Rule 1137 adopted on February 1, 2002.
* * * * *
    (320) * * *
    (i) * * *
    (B) South Coast Air Quality Management District.
    (1) Rule 109 adopted on May 5, 1989 and amended on May 2, 2003; 
and, Rule 1131 adopted on September 15, 2000 and amended on June 6, 
2003.
* * * * *
[FR Doc. 04-1037 Filed 1-21-04; 8:45 am]
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