[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Proposed Rules]
[Pages 64543-64544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32043]



[[Page 64543]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 179-0060; FRL-5932-7]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Bay Area Air Quality Management 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the California State 
Implementation Plan (SIP) which concerns the control of volatile 
organic compound (VOC) emissions from architectural coatings.
    The intended effect of proposing approval of this rule is to 
regulate emissions of VOCs in accordance with the requirements of the 
Clean Air Act, as amended in 1990 (CAA or the Act). EPA's final action 
on this proposed rulemaking will incorporate this rule into the 
federally approved SIP. EPA has evaluated this rule and is proposing to 
approve it under provisions of the CAA regarding EPA action on SIP 
submittals, EPA's general rulemaking authority, plan submissions, and 
enforceability guidelines.

DATES: Comments must be received on or before January 7, 1998.

ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901.
    Comments must be submitted to Andrew Steckel at the Region IX 
office listed above. Copies of the rule revisions and EPA's evaluation 
report of this rule are available for public inspection at EPA's Region 
9 office during normal business hours. Copies of the submitted rule 
revisions are also available for inspection at the following locations:

California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.

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 94105-3901, (415) 744-1199.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rule being proposed for approval into the California SIP is Bay 
Area Air Quality Management District (BAAQMD) Rule 8-3, Architectural 
Coatings. This rule was submitted by the California Air Resources Board 
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 CAA or preamended Act), that included the San Francisco Bay 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 pre-amended Act, 
that the above district's portions of the California SIP were 
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.
    On November 12, 1993, BAAQMD submitted a request for redesignation 
to attainment of the ozone standard. Subsequently, EPA evaluated and 
approved BAAQMD's request and the San Francisco Bay Area was 
reclassified as an attainment area.<SUP>1</SUP>
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    \1\ The San Francisco Bay Area was redesignated to attainment 
and was classified by operation of law pursuant to Sections 107(d) 
upon the date of enactment of the CAA. See 60 FR 98 (May 22, 1995). 
The EPA is proposing to redesignate the San Francisco Bay Area back 
to nonattainment for ozone based on a number of violations of the 
National Ambient Air Quality Standards (NAAQS).
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    The State of California submitted many rules for incorporation into 
its SIP on July 23, 1996, including the rule being acted on in this 
document. This document addresses EPA's proposed action for Bay Area 
Air Quality Management District Rule 8-3, Architectural Coatings. The 
Bay Area Air Quality Management District adopted Rule 8-3 on December 
20, 1995. 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 <SUP>2</SUP> and is being proposed for approval 
into the SIP.
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    \2\ 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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    The Bay Area Air Quality Management District Rule 8-3 controls 
volatile organic compound (VOC) emissions from architectural coatings. 
VOCs contribute to the production of ground-level ozone and smog. This 
rule was originally adopted as part of the district's efforts to 
achieve the National Ambient Air Quality Standard (NAAQS) for ozone and 
in response to EPA's SIP-Call and the section 110(a)(2)(A) CAA 
requirement. The following is EPA's evaluation and proposed action for 
this rule.

III. EPA Evaluation and Proposed 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 of the CAA and 40 CFR part 51 
(Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans).
    In addition, this rule was evaluated against the SIP enforceability 
guidelines found in ``Issues Relating to VOC Regulation Cutpoints, 
Deficiencies, and Deviations--Clarification to Appendix D of November 
24, 1987 Federal Register'' (EPA's ``Blue Book'') and 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.
    On January 24, 1985, EPA approved into the SIP a version of Rule 8-
3, Architectural Coatings that had been adopted by the BAAQMD on May 
18, 1983. The BAAQMD Rule 8-3 submitted on July 23, 1996 includes the 
following significant changes from the current SIP:
    <bullet> Section 8-3-112, 8-3-227, 8-3-305, 8-3-402, and 8-3-403 
remove the small business exemption, definition, and all references to 
it;
    <bullet> Sections 8-3-212 and 8-3-213 consolidate the industrial 
maintenance finishes (topcoats) and industrial maintenance primers 
definitions;
    <bullet> Section 8-3-233 revises the varnish definition;
    <bullet> Section 8-3-236 through 8-3-245 define volatile organic 
compounds (VOCs) and nine subcategories of industrial maintenance 
coatings;
    <bullet> Section 8-3-304 changes the effective date of VOC limits 
from September 1, 1989 to September 1, 1987;
    <bullet> Section 8-3-306 provides that the most restrictive VOC 
limit shall apply; and
    <bullet> Section 8-3-403 removes labeling requirements for coatings 
subject to interim VOC limits which have now expired.

[[Page 64544]]

    The BAAQMD staff report for Rule 8-3 states that the rule 
amendments will not change any existing VOC limits. EPA has evaluated 
the submitted rule and has determined that it is enforceable and 
strengthens the applicable SIP. Therefore, Bay Area Air Quality 
Management District Rule 8-3, Architectural Coatings is being proposed 
for approval under section 110(k)(3) of the CAA as meeting the 
requirements of section 110(a) and pursuant to EPA's authority under 
section 301(a) to adopt regulations necessary to further air quality by 
strengthening the SIP.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state 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.

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 301 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 proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compound.

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

    Dated: November 23, 1997.
Felicia Marcus,
Regional Administrator.
[FR Doc. 97-32043 Filed 12-5-97; 8:45 am]
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