[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Rules and Regulations]
[Pages 70883-70886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27735]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0590; FRL-8732-4]


Revisions to the California State Implementation Plan, Imperial 
County Air Pollution Control District, Mojave Desert Air Quality 
Management District, South Coast Air Quality Management District, and 
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 
Imperial County Air Pollution Control District (ICAPCD), Mojave Desert 
Air Quality Management District (MDAQMD), 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 storage of reactive organic compound liquids, polyester 
resin operations, coatings of metal parts and products, and adhesives 
and sealants. 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 January 23, 2009 without further 
notice, unless EPA receives adverse comments by December 24, 2008. 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 EPA-R09-OAR-
2008-0590, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: [email protected].
    3. 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 www.regulations.gov, 
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 www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, 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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov 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: For questions regarding ICAPCD Rule 
414, contact Mae Wang, EPA Region IX, (415) 947-4124, [email protected]. 
For questions regarding MDAQMD Rule 1162, contact Jerald Wamsley, EPA 
Region IX, (415) 947-4111, [email protected]. For questions 
regarding SCAQMD Rule 1107 or VCAPCD Rule 74.20, contact Francisco 
D[oacute][ntilde]ez, EPA Region IX, (213) 244-1834, 
[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

[[Page 70884]]

adopted by the local air agencies and submitted by the California Air 
Resources Board.

                                                                Table 1--Submitted Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Agency                      Rule                  Rule title                    Adopted        Submitted       Complete
--------------------------------------------------------------------------------------------------------------------------------------------------------
ICAPCD.........................................             414  Storage of Reactive Organic Compound           05/18/04        07/19/04        08/10/04
                                                                  Liquids.
MDAQMD.........................................            1162  Polyester Resin Operations.............        08/27/07        03/07/08        04/17/08
SCAQMD.........................................            1107  Coating of Metal Parts and Products....        01/06/06        05/08/07        07/23/07
VCAPCD.........................................           74.20  Adhesives and Sealants.................        01/11/05        07/15/05        08/18/05
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On the dates listed above, 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?

    ICAPCD Rule 414 was originally adopted on December 11, 1979. This 
version of the rule was approved into the SIP on January 27, 1981 (46 
FR 8472). Rule 414 was later revised on September 14, 1999, and 
proposed for a limited approval/limited disapproval on July 7, 2003 (68 
FR 40233). This proposed action was never finalized. If the May 18, 
2004, version of Rule 414 is approved into the SIP, then it will 
replace the existing SIP-approved version (adopted on December 11, 
1979) as well as the SIP-approved version of ICAPCD Rule 413, 
Definitions, that was also adopted on December 11, 1979, and approved 
into the SIP on January 27, 1981 (46 FR 8472). Rule 413, Definitions, 
has already been replaced by the ICAPCD with more recent rules, and is 
no longer an active District rule. The superseding of existing SIP 
ICAPCD Rule 413, Definitions, should not be confused with another SIP 
ICAPCD Rule also numbered 413, Organic Solvent Cleaning (see 67 FR 
67314, November 5, 2002).
    The MDAQMD inherited a version of South Coast Air Quality 
Management District (SCAQMD) Rule 1162, Polyester Resin Operations, 
amended by the SCAQMD on December 7, 1990, that is in the SIP for the 
Blythe/Palo Verde Valley portion of the MDAQMD. If the August 27, 2007, 
version of MDAQMD Rule 1162 is approved into the SIP, then it will 
apply throughout MDAQMD and replace the December 7, 1990, version of 
SCAQMD Rule 1162 that is in effect in the Blythe/Palo Verde Valley 
area.
    We approved a version of SCAQMD Rule 1107 into the SIP on August 
13, 2002 (67 FR 52611). We approved a version of VCAPCD Rule 74.20 into 
the SIP on December 4, 2003 (68 FR 67805).

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.
    ICAPCD Rule 414 reduces VOC emissions from storage tanks with 
capacities of 1,500 gallons or more that store reactive organic 
compound liquids. The rule expands the applicability of the equipment 
requirements, and adds testing methods, reporting and recordkeeping 
requirements. MDAQMD Rule 1162 limits VOC emissions from operations 
that use polyester resin material to fabricate, rework, repair, or 
touch-up products for commercial, military, or industrial uses. The 
rule applies across the entire district, and sets more stringent 
emission limits and updates work practice standards. SCAQMD Rule 1107 
reduces VOC emissions from the coating of metal parts and products. 
SCAQMD Rule 1107 reduces the emissions limits for some coatings, 
increases the required efficiency of alternative coating application 
methods and air pollution control devices, and adds an exemption for 
some applications of liquid photoresist coating. VCAPCD Rule 74.20 
limits emissions of reactive organic compounds resulting from the 
application of adhesives, adhesive primers, sealants, sealant primers, 
and solvents associated with these products. VCAPCD Rule 74.20 adds an 
exemption for glass bonding and priming processes in automobile 
convertible top manufacturing operations. EPA's technical support 
documents (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 
Act), must require Reasonably Available Control Technology (RACT) for 
each category of sources covered by a Control Techniques Guideline 
(CTG) document as well as each major source in nonattainment areas (see 
section 182(a)(2)), and must not relax existing requirements (see 
sections 110(l) and 193). The ICAPCD, MDAQMD, SCAQMD and the VCAPCD 
regulate ozone nonattainment areas (see 40 CFR part 81), so ICAPCD Rule 
414, MDAQMD Rule 1162, VCAPCD Rule 74.20 and SCAQMD Rule 1107 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: Control of Volatile Organic 
Emissions from Petroleum Liquid Storage in External Floating Roof 
Tanks,'' EPA, December 1978, EPA-450/2-78-047.
    5. ``Control Technique Guideline: Control of Volatile Organic 
Emissions from Petroleum Liquid Storage in Fixed Roof Tanks,'' EPA, 
December 1977, EPA-450/2-77-036.
    6. ``Control Technique Guideline: Control of Volatile Organic 
Emissions from Existing Stationary Sources Volume VI: Surface Coating 
of Miscellaneous Metal Parts and Products,'' EPA, June 1978, EPA-450/2-
78-01.
    7. ``Determination of Reasonably Available Control Technology and 
Best Available Retrofit Control Technology for Adhesives and 
Sealants,'' California Air Resources Board, December 1998.

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

[[Page 70885]]

relaxations. In SCAQMD Rule 1107, the potential excess VOC emissions 
from the added exemption total 0.03 percent of total controlled VOC 
emissions from this source category; these emissions are therefore 
considered de minimis under Section 110(l) of the Clean Air Act. The 
remaining amendments to Rule 1107 clearly strengthen the rule 
requirements. In VCAPCD Rule 74.20, the estimated excess emissions from 
the added exemption total less than 0.1 percent of the VCAPCD's total 
reactive organic gas emissions from this source category, and are 
therefore considered de minimis under Section 110(l) of the Clean Air 
Act. The TSDs have more information on our evaluations.

C. EPA Recommendations To Further Improve the Rules

    At present, EPA has no recommendations to further improve ICAPCD 
Rule 414, SCAQMD Rule 1107, or VCAPCD Rule 74.20. Regarding MDAQMD Rule 
1162, we recommend that MDAQMD adopt an overall control efficiency of 
90%. MDAQMD should also re-evaluate the exemptions in the rule. The TSD 
for MDAQMD Rule 1162 has more details on our 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 December 24, 2008, 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 January 23, 2009. This will incorporate the 
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 the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 action 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 January 23, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: October 2, 2008.
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 paragraphs (c)(332)(i)(A)(4) and 
(c)(337)(i)(B)(3) and (c)(350)(i)(D)(1) and (c)(354)(i)(B)(1) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *

[[Page 70886]]

    (332) * * *
    (i) * * *
    (A) * * *
    (4) Rule 414, Storage of Reactive Organic Compound Liquids, adopted 
on December 11, 1979, and revised on May 18, 2004.
* * * * *
    (c) * * *
    (337) * * *
    (i) * * *
    (B) * * *
    (3) Rule 74.20, Adhesives and Sealants, adopted on June 8, 1993, 
and revised on January 11, 2005.
* * * * *
    (c) * * *
    (350) * * *
    (i) * * *
    (D) South Coast Air Quality Management District.
    (1) Rule 1107, Coating of Metal Parts and Products, adopted on June 
1, 1979, and amended on January 6, 2006.
* * * * *
    (c) * * *
    (354) * * *
    (i) * * *
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 1162, Polyester Resin Operations, adopted on August 27, 
2007.
* * * * *
[FR Doc. E8-27735 Filed 11-21-08; 8:45 am]
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