[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Proposed Rules]
[Pages 32113-32115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13830]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
EPA-R09-OAR-2011-0356; FRL-9314-8]
Revisions to the California State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) and Imperial
County Air Pollution Control District (ICAPCD) portions of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from Motor Vehicle Assembly
Coatings, Surface Coatings of Metal Parts and Products, Plastic Parts
and Products and Pleasure Crafts, Aerospace Coating Operations and
Automotive Refinishing Operations. We are proposing to approve local
rules to regulate these emission sources under the Clean Air Act as
amended in 1990 (CAA or the Act). We are taking comments on this
proposal and plan to follow with a final action.
DATES: Any comments must arrive by July 5, 2011.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0356, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
[[Page 32114]]
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 http://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 http://www.regulations.gov or e-mail. http://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.
Docket: The docket for this action is available electronically at
http://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 at http://www.regulations.gov, 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: Adrianne Borgia, EPA Region IX, (415)
972-3576, [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 rules?
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 addressed by this proposal with the dates
that they were adopted by 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 Amended Submitted
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SJVUAPCD.............................. 4602 Motor Vehicle Assembly Coatings.. 9/17/09 5/17/10
SJVUAPCD.............................. 4603 Surface Coating of Metal Parts 9/17/10 5/17/10
and Products, Plastic Parts and
Products and Pleasure Crafts.
ICAPCD................................ 425 Aerospace Coating Operations..... 2/23/10 7/20/10
ICAPCD................................ 427 Automotive Refinishing Operations 2/23/10 7/20/10
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On 7/8/2010 for the SJUAPCD rules and 8/25/2010 for the ICAPCD
rules, 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 a version of SJVUAPCD Rule 4602 into the SIP on 6/26/
2002. We approved a version of SJVUAPCD Rule 4603 into the SIP on 1/19/
2010. We approved a version of ICAPCD Rule 425 into the SIP on 5/19/
2005. We approved a version of ICAPCD Rule 427 into the SIP on 10/3/
2001.
C. What is the purpose of the submitted rules?
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. In general, these
rules control the VOC emissions by limiting the VOC of commercial
coatings and solvents.
Originally SJVUAPCD Rule 4602 was Motor Vehicle and Mobile
Equipment Coating Operations but was retired on January 1, 2009 when
Rule 4612, Motor Vehicle and Mobile Equipment Coating Operations--Phase
II became effective. SJVUAPCD Rule 4602 is revised to implement RACT
requirements as recommended in the CTG for Automobile and the CTG for
Light-Duty Truck Assembly Coatings, EPA-453/R-08-006 and Miscellaneous
Metal and Plastic Parts Coatings, EPA-453/R-08-003. The rule was also
revised to reduce solvent VOC emissions to 25 grams/liter.
SJVUAPCD Rule 4603 is revised to implement RACT requirements as
recommended in the CTG for Miscellaneous Metal and Plastic Parts
Coatings, EPA-453/R-08-003, for Large Appliance Coatings, EPA-453/R-07-
004, and for Metal Furniture Coatings, EPA-453/R-07-005. Rule 4603 now
includes plastic parts and products and also includes pleasure crafts.
Rule 4603 establishes work practices for large appliance parts and
products and metal furniture coating operations. This rule also
establishes a 25 gram/liter VOC limit for all cleaning solvents.
ICAPCD Rule 425 is revised to implement the new recordkeeping
requirements consistent with other air districts and to comply with the
National Emissions Standards for Aerospace Manufacturing and Rework
Facilities: Summary of Requirements for Implementing NESHAP, EPA-456/R-
97-006.
ICAPCD Rule 427 is revised to implement the California Air
Resources Board (CARB) Automotive Coatings Suggested Control Methods
(SCM), to add prohibitions regarding sale and ownership of specific
coatings and to add requirements for manufacturers and providers of
automotive coatings and related materials to provide all necessary
information to their clients.
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 Guidelines
(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
[[Page 32115]]
193). The SJVUAPCD regulates an ozone nonattainment area (see 40 CFR
part 81), so Rules 4602 and 4603 must fulfill RACT. The ICAPCD
regulates an ozone nonattainment area (see 40 CFR part 81), so Rules
425 and 427 must fulfill RACT.
Guidance and policy documents that we used to help evaluate
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. ``A Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. CTG for Automobile and the CTG for Light-Duty Truck Assembly
Coatings, EPA-453/R-08-006, Miscellaneous Metal and Plastic Parts
Coatings, EPA-453/R-08-003,
5. CTG for Fiberglass Boat Manufacturing Materials, EPA-453/R-08-
004,
6. National Emissions Standards for Aerospace Manufacturing and
Rework Facilities: Summary of Requirements for Implementing NESHAP,
EPA-456/R-97-006 and CARB Automotive Coatings SCM.
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 TSDs
have more information on our evaluation.
C. EPA Recommendations to Further Improve the Rules
The TSDs describe 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
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable SIP.
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 disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, these rules do 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compound.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 19, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-13830 Filed 6-2-11; 8:45 am]
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