[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Rules and Regulations]
[Pages 66998-67000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33324]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 179-0057 FRL-5934-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
August 4, 1997. The revisions concern rules from the Bay Area Air 
Quality District (BAAQMD). This approval action will incorporate these 
rules into the federally approved SIP. The intended effect of approving 
these rules is to incorporate BAAQMD rules with updated definitions 
which include a revised definition of volatile organic compound (VOC) 
into the federally approved SIP.

EFFECTIVE DATE: This action is effective on January 22, 1998.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for 
the rules 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, SW., Washington, DC 20460.
    Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office, 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1197.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP include the 
following BAAQMD rules: Rule 8-4, General Solvent and Surface Coating 
Operations; Rule 8-11, Metal Container, Closure and Coil Coating; Rule 
8-12, Paper, Fabric, and Film Coating; Rule 8-13, Light and Medium Duty 
Motor Vehicle Assembly Plants; Rule 8-14, Surface Coating of Large 
Appliance and Metal Furniture; Rule 8-19, Surface Coating of 
Miscellaneous Metal Parts and Products; Rule 8-20, Graphic Arts 
Printing and Coating; Rule 8-23, Coating of Flat Wood Paneling and Wood 
Flat Stock; Rule 8-29, Aerospace Assembly and Component Coating 
Operations; Rule 8-31, Surface Coating of Plastic Parts and Products; 
Rule 8-32, Wood Products; Rule 8-38, Flexible and Rigid Disc 
Manufacturing; Rule 8-43, Surface Coating of Marine Vessels; Rule 8-45, 
Motor Vehicle and Mobile Equipment Coating Operations; Rule 8-50, 
Polyester Resin Operations.

[[Page 66999]]

II. Background

    On August 4,1997 in 62 FR 41905, EPA proposed to approve the 
following BAAQMD rules into the California SIP: Rule 8-4, General 
Solvent and Surface Coating Operations; Rule 8-11, Metal Container, 
Closure and Coil Coating; Rule 8-12, Paper, Fabric, and Film Coating; 
Rule 8-13, Light and Medium Duty Motor Vehicle Assembly Plants; Rule 8-
14, Surface Coating of Large Appliance and Metal Furniture; Rule 8-19, 
Surface Coating of Miscellaneous Metal Parts and Products; Rule 8-20, 
Graphic Arts Printing and Coating; Rule 8-23, Coating of Flat Wood 
Paneling and Wood Flat Stock; Rule 8-29, Aerospace Assembly and 
Component Coating Operations; Rule 8-31, Surface Coating of Plastic 
Parts and Products; Rule 8-32, Wood Products; Rule 8-38, Flexible and 
Rigid Disc Manufacturing; Rule 8-43, Surface Coating of Marine Vessels; 
Rule 8-45, Motor Vehicle and Mobile Equipment Coating Operations; Rule 
8-50, Polyester Resin Operations. These rules were adopted by BAAQMD on 
December 20, 1995 and were submitted by the CARB to EPA on July 23, 
1996.
    EPA has evaluated the revised definitions in the above rules for 
consistency with federal and state definitions. This action will result 
in a more accurate assessment of ozone formation potential, will remove 
unnecessary control requirements and will assist States in avoiding 
exceedences of the ozone health standard by focusing control efforts on 
compounds which are actual ozone procursors. A detailed discussion of 
the rule provisions and evaluations has been provided in 62 FR 41865 
and in technical support documents (TSDs) available at EPA's Region IX 
office (TSDs dated April 10, 1997).

III. Response to Public Comments

    A 30-day public comment period was provided in 62 FR 41865. EPA 
received one comment from the BAAQMD on the direct final rule. BAAQMD 
commented that clarification was needed in EPA's approval to reflect 
the exact compounds being exempted. EPA stated that the district rules' 
definition of VOC and exempt compounds are consistent with EPA's 
definitions because the rules were revised to exempt three compounds 
(acetone, parachlorobenzotrifluoride (PCBTF) and cyclic, branched, or 
linear, completely methylated siloxanes (VMS)) exempted by EPA. By the 
time these rules were submitted to EPA by CARB on July 23, 1996, EPA 
had made additional revisions to the definition of VOC and exempt 
compounds. BAAQMD want the final rule to reflect that the submitted 
rules to not exempt compounds exempted by EPA after December 20, 1995 
(the date the rules were adopted). EPA has evaluated BAAQMD's comment 
and agrees that clarification is needed. The comment does not effect 
the EPA's approval of Rules 8-4, 8-11, 8-12, 8-13, 8-14, 8-19, 8-20, 8-
23, 8-29, 8-31, 8-32, 8-38, 8-43, 8-45, and 8-50 into the SIP, it 
clarifies the compounds exempted. Therefore, EPA is now approving the 
submitted BAAQMD rules.

IV. EPA Action

    EPA is finalizing action to approve the above rules for inclusion 
into the California SIP. EPA is approving the submittal under section 
110(k)(3) as meeting the requirements of section 110(a) and Part D of 
the CAA. This approval action will incorporate these rules into the 
federally-approved SIP. The intended effect of approving these rules is 
to regulate emissions of VOCs in accordance with the requirements of 
the CAA.
    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.

V. 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 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'' 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

[[Page 67000]]

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: December 2, 1997.
Harry Seraydarian,
Acting 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)(E)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (239) * * *
    (i) * * *
    (E) * * *
    (2) Rule 8-4, Rule 8-11, Rule 8-12, Rule 8-13, Rule 8-14, Rule 8-
19, Rule 8-20, Rule 8-23, Rule 8-29, Rule 8-31, Rule 8-32, Rule 8-38, 
Rule 8-43, Rule 8-45, Rule 8-50 amended on December 20, 1995.
* * * * *
[FR Doc. 97-33324 Filed 12-22-97; 8:45 am]
BILLING CODE 6560-50-P