[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Rules and Regulations]
[Pages 44909-44912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22515]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 157-0046a; FRL-5881-1]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, San Joaquin Valley Unified Air 
Pollution Control 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. The revision concerns a rule from 
the San Joaquin Valley Unified Air Pollution Control District 
(SJVUAPCD). This approval action will incorporate this rule 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

[[Page 44910]]

emissions from adhesives. 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 October 24, 1997 unless adverse or 
critical comments are received by September 24, 1997. 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 this 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
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite #200, Fresno, CA 93721

FOR FURTHER INFORMATION CONTACT: Yvonne Fong, Rulemaking Office, AIR-4, 
Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1199.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rule being approved into the California SIP, SJVUAPCD Rule 
4653, Adhesives, was submitted by the California Air Resources Board to 
EPA on August 10, 1995.

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 San Joaquin Valley 
Area. 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-amendment guidance.<SUP>1</SUP> EPA's SIP-Call used 
that guidance to indicate the necessary corrections for specific 
nonattainment areas. The San Joaquin Valley Area is classified as 
serious; <SUP>2</SUP> 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\ The San Joaquin Valley Area 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 August 10, 1995, including the rule being 
acted on in this document. This document addresses EPA's direct-final 
action for SJVUAPCD Rule 4653, Adhesives. The SJVUAPCD adopted Rule 
4653 on April 13, 1995. This submitted rule was found to be complete on 
October 4, 1995 pursuant to EPA's completeness criteria that are set 
forth in 40 CFR part 51 Appendix V <SUP>3</SUP> 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 5824) 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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    SJVUAPCD Rule 4653 limits the volatile organic compound (VOC) 
emissions resulting from the application of adhesives. VOCs contribute 
to the production of ground level ozone and smog. This rule was 
originally adopted as part of SJVUAPCD's 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. The following is 
EPA's evaluation and final action for this rule.

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 1. Among those provisions 
is the requirement that a VOC rule must, at a minimum, provide 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).
    There are no CTGs directly applicable to SJVUAPCD Rule 4653. 
Consequently, in addition to being evaluated against the general 
requirements of the CAA, this rule was also evaluated against ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations--
Clarification to Appendix D of November 24, 1987 Federal Register'' 
(EPA's ``Blue Book'' referred to in footnote 1), and against other EPA 
policies including the EPA Region IX--California Air Resources Board 
document entitled ``Guidance Document for Correcting VOC Rule 
Deficiencies'' (April 1991). In general, these guidance documents have 
been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    There is currently no version of SJVUAPCD Rule 4653, Adhesives in 
the SIP. The submitted rule includes the following provisions:
    <bullet> A clear delineation of the rule's applicability;
    <bullet> VOC content limits for adhesives, adhesive primers, and 
cleaning materials;

[[Page 44911]]

    <bullet> Specific application techniques and good housekeeping 
practices;
    <bullet> Requirements that persons opting to use control equipment 
achieve a combined control and capture efficiency of at least 85 
percent and keep daily records of key operating parameters;
    <bullet> Prohibition of the sale of non-compliant adhesive products 
within the District to persons not using add-on control and 
prescription that persons selling non-compliant adhesives record sales 
information;
    <bullet> Requirements for daily records of the type and quantity of 
all adhesives, primers, and cleaning materials used;
    <bullet> Labeling requirements for adhesive product manufacturers;
    <bullet> Test methods for determining VOC content and capture and 
control efficiency.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
SJVUAPCD Rule 4653, Adhesives is being approved under section 110(k)(3) 
of the CAA as meeting the requirements of section 110(a) and part D.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for 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 October 24, 1997, 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 October 24, 1997.

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 
the 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 the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under section 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 
section 804(2) of the APA as amended.

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 October 24, 1997. 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: August 6, 1997
David P. Howekamp,
Acting Regional Administrator.

    Subpart F of part 52, chapter I, title 40 of the Code of Federal 
Regulations is amended as follows:

PART 52--[AMENDED]

Subpart F--California

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.


[[Page 44912]]


    2. Section 52.220 is amended by adding paragraph (c)(224)(i)(D) to 
read as follows:


Sec. 52.220   Identification of plan.

* * * * *
    (c) * * *
    (224) * * *
    (i) * * *
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4653, adopted on April 13, 1995.
* * * * *
[FR Doc. 97-22515 Filed 8-22-97; 8:45 am]
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