Air quality implementation plans; approval and promulgation; various States: California,

[Federal Register: September 13, 2000 (Volume 65, Number 178)]

[Rules and Regulations]

[Page 55201-55203]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13se00-10]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 238-0246a; FRL-6851-8]

Revisions to the California State Implementation Plan, South Coast Air Quality Management District, Bay Area Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) and the Bay Area Air Quality Management District (BAAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from graphic arts printing and coating 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 November 13, 2000 without further notice, unless EPA receives adverse comments by October 13, 2000. 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: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR- 4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

You can inspect copies of the submitted SIP revisions and EPA's technical support documents (TSDs) at our Region IX office during normal business hours. You may also see copies of the submitted SIP revisions at the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460 California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812 South Coast Air Quality Management District, 21865 E. Copley Dr. Diamond Bar, CA 91765-4182 Bay Area Air Quality Managment District, 939 Ellis Street, San Francisco, CA 94109-7799.

FOR FURTHER INFORMATION CONTACT: Max Fantillo, Rulemaking Office (AIR- 4), U.S. Environmental Protection Agency, Region IX, (415) 744-1183.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to EPA.

Table of Contents

1. The State's Submittal

   1. What rules did the State submit?

   2. Are there other versions of these rules?

   3. What is the purpose of the rule revisions? II. EPA's Evaluation and Action.

   1. How is EPA evaluating the rules?

   2. Do the rules meet the evaluation criteria?

   3. EPA recommendations to further improve the rules.

   4. Public comment and final action. III. Background information.

   Why were these rules submitted? IV. Administrative Requirements

1. The State's Submittal

   1. 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................................. 1130 Graphic Arts................... 10/08/99 01/21/00 BAAQMD.................................

      8.20 Graphic Arts Printing and

      03/03/99 03/28/00 Coating Operations.

      On March 1, 2000 and April 12, 2000, 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.

   2. Are There Other Versions of These Rules?

      There are previous versions of Rules 1130 and 8.20 in the SIP. We approved into the SIP a version of Rule 1130 on May 4, 1999 and Rule 8.20 on December 27, 1997. The SCAQMD adopted revisions to the SIP- approved version on October 8, 1999 and the BAAQMD adopted revisions to the SIP-approved version on March 3, 1999. CARB submitted these rule revisions to us on January 21, 2000 (Rule 1130) and on March 28, 2000 (Rule 8.20).

      [[Page 55202]]

   3. What Is the Purpose of the Rule Revisions?

      Rule 1130 controls emissions of volatile organic compounds (VOC) from graphic arts operations located within the Los Angeles-South Coast Air Basin. The changes in the SCAQMD's submitted Rule 1130, Graphic Arts, from the approved SIP rule include:

      Lowered VOC emission limits for certain categories;

      Increased the requirements for overall add-on control equipment efficiencies;

      Established retention factors for lithographic ink oils for coldset and heatset printing inks;

      Limited the proof press exemption to the use of fountain solutions;

      Deleted exemption threshold of 8 pounds of VOC per day for small emitters and added exemption for posted stamp cancellation ink (a very small category) not to exceed 60 pounds per calendar month; and

      Added definitions and revised some language in the rule to improve clarity.

      Rule 8.20 controls emissions of volatile organic compounds (VOC) from graphic arts printing and coating operation located within the San Francisco Bay Area Air Basin. The changes in the BAAQMD's submitted Rule 8.20, Graphic Arts Printing and Coating Operation, from the approved SIP rule include:

      Exemption of Acetone as VOC in cleaning products (60 FR 31633 dated June 16, 1995);

      Lowering the small facility and laboratory and experimental operations exemption threshold limits;

      Addition of VOC limits for cleaning products;

      Addition of new provisions to improve enforceability and clarity; and

      Deletion of extraneous provisions.

      The TSDs have more information about these rules.

2. EPA's Evaluation and Action

   1. 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 SCAQMD and the BAAQMD regulate ozone nonattainment areas (see 40 CFR part 81), so Rules 1130 and 8.20 must fulfill RACT.

      Guidance and policy documents that we used to define specific enforceability and RACT requirements 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; Clarification to Appendix D of November 24, 1987 Federal Register document,'' (Blue Book), notice of availability published in the May 25, 1988 Federal Register.

      3. Model Volatile Organic Compound Rules for Reasonably Available Control Technology, Office of Air Quality Planning and Standards, U.S. EPA, June 1992.

      4. Control of Volatile Organic Emissions from Existing Stationary Sources--Volume VIII: Graphic Arts-Rotogravure and Flexography, EPA- 450/2-78-033, December 1978.

      5. Recordkeeping Guidance Document for Surface Coating Operations and the Graphic Art Industry, EPA 340/1-88-003, July 1989.

   2. 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.

   3. EPA Has No Recommendations To Further Improve the Rules

   4. 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, so we are finalizing the approval 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 October 13, 2000, 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 November 13, 2000. This will incorporate these rules into the federally enforceable SIP.

3. Background Information

   Why Were These Rules Submitted?

   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. Table 2 lists some of the national milestones leading to the submittal of these local agency VOC Rules.

   Table 2.--Ozone Nonattainment Milestones

   Date

   Event

   March 3, 1978.................... EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as amended in 1977. 43 FR 8964; 40 CFR 81.305. May 26, 1988..................... EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA's SIP- Call). See section 110(a)(2)(H) of the pre-amended Act. November 15, 1990................ Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. May 15, 1991..................... Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT Rules by this date.

4. Administrative Requirements

   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. 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

   [[Page 55203]]

   unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, this rule also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This rule will 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), because it 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 (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. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. 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. 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 filedin the United States Court of Appeals for the appropriate circuit by November 13, 2000. 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.

   Dated: July 20, 2000. 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 paragraphs (c)(277)(i)(C)(2) and (c)(278) to read as follows:

      Sec. 52.220 Identification of plan.

      * * * * *

      (c) * * *

      (277) * * *

      (i) * * *

      (C) * * *

      (2) Rule 8.20, amended on March 3, 1999. * * * * *

      (278) New and amended regulations for the following APCDs were submitted on January 21, 2000, by the Governor's designee.

      (i) Incorporation by reference.

      (A) South Coast Air Quality Management District.

      (1) Rule 1130 amended on October 8, 1999.

      [FR Doc. 00-23372Filed9-12-00; 8:45 am]

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