[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Rules and Regulations]
[Pages 67002-67004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33321]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA179-0052a] [FRL-5911-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Mojave Desert Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on a revision to the
California State Implementation Plan (SIP). The revision concerns Rule
1115 from the Mojave Desert Air Quality Management District (MDAQMD).
This approval action will incorporate Rule 1115 into the federally
approved SIP. The intended effect of approving this rule is to regulate
emissions of volatile organic compounds (VOCs) in accordance with the
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).
The revised rule controls VOC emissions from metal parts and products
coating operations. Thus, EPA is finalizing the approval of this
revision into the California SIP under provisions of the CAA regarding
EPA action on SIP submittals, SIPs for national primary and secondary
ambient air quality standards and plan requirements for nonattainment
areas.
DATES: This action is effective on February 23, 1998, unless adverse or
critical comments are received by January 22, 1998. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
ADDRESSES: Comments must be submitted to Andrew Steckel at the Region
IX office listed below. Copies of the rule revisions and EPA's
evaluation report for each rule are available for public inspection at
EPA's Region IX office during normal business hours. Copies of the
submitted rule revisions are available for inspection at the following
locations:
Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095
Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite
200, Victorville, CA 92392
FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, Rulemaking Office,
AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1226.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rule being approved into the California SIP is Rule 1115, Metal
Parts and Products Coating Operations. This rule was submitted by the
California Air Resources Board (CARB) to EPA on July 23, 1996.
II. Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in 1977
(1977 Act or pre-amended Act), that included the Mojave Desert portion
of San Bernardino County, California (see 43 FR 8964, 40 CFR 81.305).
On May 26, 1988, EPA notified the Governor of California, pursuant to
section 110(a)(2)(H) of the 1977 Act, that the above district's portion
of the California SIP was inadequate to attain and maintain the ozone
standard and requested that deficiencies in the existing SIP be
corrected (EPA's SIP-Call). On November 15, 1990, the Clean Air Act
Amendments of 1990 were enacted. Pub. L. 101-549, 104 Stat. 2399,
codified at 42 U.S.C. 7401-7671q. In amended section 182(a)(2)(A) of
the CAA, Congress statutorily adopted the requirement that
nonattainment areas fix their deficient reasonably available control
technology (RACT) rules for ozone and established a deadline of May 15,
1991 for states to submit corrections of those deficiencies.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in pre-amended guidance.\1\ EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. The Mojave Desert portion of San Bernardino County
is classified as ``severe''.\2\ Therefore, this area was subject to the
RACT fix-up requirement and the May 15, 1991 deadline.
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\1\ Among other things, the pre-amendment guidance consists of
those 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,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\2\ Mojave Desert retained its designation of nonattainment and
was classified by operation of law pursuant to sections 107(d) and
181(a) upon the date of enactment of the CAA. See 56 FR 56694
(November 6, 1991).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on July 23, 1996, including the rule being
acted on in this document. This document addresses EPA's direct-final
action for MDAQMD Rule 1115, Metal Parts and Products Coating
Operations. MDAQMD revised and adopted Rule 1115 on April 22, 1996.
This submitted rule was found to be complete on October 30, 1996
pursuant to EPA's completeness criteria that are set forth in 40 CFR
part 51 Appendix V \3\ and is being finalized for approval into the
SIP.
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\3\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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MDAQMD Rule 1115 is a prohibitory rule governing the use and
application of coating compounds containing photochemically reactive
volatile organic compounds (VOCs) in the metal parts and products
coating industry. VOCs contribute to the production of ground level
ozone and smog. This rule was originally adopted as part of the MDAQMD
effort to achieve the National Ambient Air Quality Standard (NAAQS) for
ozone and in response to EPA's SIP-Call and the section 182(a)(2)(A)
CAA requirement.
Formerly, on January 5, 1993, EPA proposed a limited approval/
disapproval of MDAQMD's Rule 1115 (see 58 FR 322). This version of Rule
1115 was adopted by MDAQMD on March 2, 1992 and submitted by the CARB
to EPA on June 19, 1992 as a revision to the California SIP. EPA has
not taken final action on the January 5, 1993 proposal.
In response to EPA's January 5, 1993 proposal, the MDAQMD Board
amended Rule 1115 and adopted these revisions
[[Page 67003]]
on April 22, 1996. The CARB submitted the revised rule to EPA on July
23, 1996. This revision of Rule 1115 is the subject of today's approval
action. EPA's evaluation and final action for this rule follows below.
III. EPA Evaluation and Action
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and part D of the CAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote one. Among those
provisions is the requirement that a VOC rule must, at a minimum,
provided for the implementation of RACT for stationary sources of VOC
emissions. This requirement was carried forth from the pre-amended Act.
For the purpose of assisting state and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTG
applicable to this rule is entitled, ``Control of Volatile Organic
Emissions from Exist Stationary Sources Volume VI: Surface Coating of
Miscellaneous Metal Parts and Products,'' USEPA, June 1978, EPA-450/2-
78-015. Further interpretations of EPA policy are found in the Blue
Book, referred to in footnote one. In general, these guidance documents
have been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
Currently, there is no version of MDAQMD Rule 1115, Miscellaneous
Metal Parts and Products Coating Operations, in the SIP. The submitted
rule includes the following provisions: rule applicability;
definitions, coating requirements; add-on emission control device
requirements; exceptions from the rule; administrative requirements;
monitoring and records; and test methods for determining compliance
with the rule.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
MDAQMD Rule 1115, Miscellaneous Metal Parts and Products Coating
Operations, is being approved under section 110(k)(3) of the CAA as
meeting the requirements of section 110(a) and part D. For further
information, EPA's review of the April 22, 1996 version of Rule 1115
can be found in the ``Technical Support Document'' for today's
rulemaking action.
As discussed earlier, in response to EPA's January 5, 1993 proposed
limited approval/disapproval action, the MDAQMD Board amended Rule 1115
on April 22, 1996. The MDAQMD Board responded to EPA's comments within
the proposed limited approval/disapproval and subsequent correspondence
by correcting the listed rule deficiencies and providing a rule
consistent with EPA regulations and policy. Therefore, given today's
approval action, EPA does not intend to finalize the January 5, 1993
proposal.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request revision to the state implementation plan shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective February 23, 1998, unless, within 30 days of its publication,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective February 23, 1998.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to
[[Page 67004]]
the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major'' rule as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 February 23, 1998. 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: September 27, 1997.
Felicia Marcus,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraph (c)(239)(i)(A)(2)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(239) * * *
(i) * * *
(A) * * *
(2) Rule 1115, adopted on March 2, 1992 and amended on April 22,
1996.
* * * * *
[FR Doc. 97-33321 Filed 12-22-97; 8:45 am]
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