[Federal Register Volume 70, Number 205 (Tuesday, October 25, 2005)]
[Rules and Regulations]
[Pages 61561-61563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21264]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R09-OAR-2005-CA-0005; FRL-7986-8]


Revisions to the California State Implementation Plan, 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 
Ventura County Air Pollution Control District (VCAPCD) portion of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from surface cleaning 
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 December 27, 2005 without further 
notice, unless EPA receives adverse comments by November 25, 2005. If 
we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number R09-OAR-2005-
CA-0005, by one of the following methods:
    1. Agency Web site: http://docket.epa.gov/rmepub/. EPA prefers 
receiving comments through this electronic public docket and comment 
system. Follow the on-line instructions to submit comments.
    2. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    3. E-mail: [email protected].
    4. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://docket.epa.gov/rmepub/ rmepub/, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through the 
agency Web site, eRulemaking portal or e-mail. The agency Web site and 
eRulemaking portal are ``anonymous access'' systems, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    Docket: The index to the docket for this action is available 
electronically at http://docket.epa.gov/rmepub and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available in either location 
(e.g., CBI). To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed in the 
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415) 
947-4120, [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
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              Local agency                 Rule No.               Rule title              Adopted     Submitted
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VCAPCD.................................       74.6     Surface Cleaning and Degreasing     11/11/03     04/26/05
VCAPCD.................................       74.6.1   Batch Loaded Vapor Degreasers..     11/11/03     04/26/05
VCAPCD.................................       74.12    Surface Coating of Metal Parts      11/11/03     04/26/05
                                                        and Products.
VCAPCD.................................       74.13    Aerospace Assembly and              11/11/03     04/26/05
                                                        Component Manufacturing
                                                        Operations.
VCAPCD.................................       74.19    Graphic Arts...................     11/11/03     04/26/05
VCAPCD.................................       74.19.1  Screen Printing Operations.....     11/11/03     04/26/05
VCAPCD.................................       74.24    Marine Coating Operations......     11/11/03     04/26/05
VCAPCD.................................       74.30    Wood Products Coatings.........     11/11/03     04/26/05
----------------------------------------------------------------------------------------------------------------

On June 3, 2005, these rule 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 approved versions of these rules into the SIP on the dates 
listed: Rule 74.6 on December 11, 2000 (adopted on November 10, 1998 
and submitted on February 16, 1999), Rules 74.6.1, 74.6.2, and 74.6.3 
on July 21, 2000 (adopted on July 9, 1996 and submitted on October 18, 
1996), Rules 74.12, 74.13, 74.24, and 74.30 on April 19, 2001 (adopted 
on September 10, 1996 and submitted on March 3, 1997), 74.19 on May 23, 
2002 (adopted on April 10, 2001 and submitted on October 30, 2001), and 
74.19.1 on August 21, 1998 (adopted on June 11, 1996 and submitted on 
October 18, 1996.

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. Section 110(a) of the CAA requires states 
to submit regulations that control VOC emissions.

[[Page 61562]]

    Rule 74.6 limits most cleaning activities to using solvents 
containing no more than 25 grams per liter. The rule will still allow 
hydrocarbon solvents to be used for cleaning operations where water-
based cleaners would cause problems. The rule applies to any non-
boiling surface cleaning operation, including handwipe cleaning, 
flushing, and cleaning conducted in degreasing tanks and other non-
boiling surface cleaning apparatus. Most of the requirements in revised 
Rule 74.6 are carried over from existing Rules 74.6 and 74.6.1.
    Rule 74.6.1 adds requirements to retrofit existing units with an 
automated parts handling system and to retrofit existing units with 
either a superheated vapor zone or a refrigerated freeboard chiller. 
The revised rule was rewritten and rearranged from existing Rule 74.6.2 
for clarity and to delete obsolete language. Rule 74.6.1 replaces 
existing Rule 74.6.2.
    Rule 74.6.3 is being repealed because there are currently no 
conveyorized degreasers operating in the District.
    Rules 74.12, 74.13, 74.19, 74.19.1, 74.24, and 74.30 are being 
revised to prohibit the use of cleaning solvents containing more than 
25 grams of reactive organic compounds (ROC) per liter (25 g/l) in 
degreasing tanks and handwipe operations. This restriction applies to 
cold surface cleaning operations conducted in degreasing equipment as 
well as cleaning outside of degreasing equipment.
    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), 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 
VCAPCD regulates a 1-hour ozone nonattainment area (see 40 CFR part 
81), so these rules must fulfill RACT.
    Guidance and policy documents that we use 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,'' 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 Technique Guideline (CTG) titled, ``Control of Volatile 
Organic Emissions from Solvent Metal Cleaning'' (EPA-450/2-77-022, 
November 1977), CARB's RACT/BARCT guidance titled, ``Organic Solvent 
Cleaning and Degreasing Operations'' (July 18, 1991).

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 TSD has more information on our evaluation.

C. EPA recommendations To Further Improve the Rules

    We have no recommendations.

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 November 25, 2005, 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 27, 2005. 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. 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 several 
district rules 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

[[Page 61563]]

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 27, 2005. 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: August 31, 2005.
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)(336)(i)(B) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (336) * * *
    (i) * * *
    (B) Ventura County Air Pollution Control District.
    (1) Rules 74.6, 74.6.1, 74.12, 74.13, 74.19, 74.19.1, 74.24, and 
74.30, adopted on November 11, 2003.
* * * * *
[FR Doc. 05-21264 Filed 10-24-05; 8:45 am]
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