Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Rules and Regulations 18901

1On July 1, 1993, the San Bernardino County Air

Pollution Control District was renamed the Mojave

Desert Air Quality Management District.

2Among 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

document’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988);

and the existing control technique guidelines

(CTGs).

3Southeast Desert Air Quality Management 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 55 FR 56694 (November 6, 1991).

necessity of each piece of information in the

early stages of an investigation. In some

cases, it is only after the information is

evaluated in light of other evidence that its

relevance and necessity will be clear.

(iv) From subsections (e)(4)(G) and (H)

because this system of records is compiled

for law enforcement purposes and is exempt

from the access provisions of subsections (d)

and (f).

(v) From subsection (e)(4)(I) because to the

extent that this provision is construed to

require more detailed disclosure than the

broad, generic information currently

published in the system notice, an exemption

from this provision is necessary to protect the

confidentiality of sources of information and

to protect privacy and physical safety of

witnesses and informants. DLA will,

nevertheless, continue to publish such a

notice in broad generic terms as is its current

practice.

Dated: April 3, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–8721 Filed 4–7–00; 8:45 am]

BILLING CODE 5001–10–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA231–0227a; FRL–6570–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision,

Antelope Valley Air Pollution Control

District and Mojave Desert Air Quality

Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on revisions to the California

State Implementation Plan. The

revisions concern rules from the

Antelope Valley Air Pollution Control

District (AVAPCD) and the Mojave

Desert Air Quality Management District

(MDAQMD). This approval action will

incorporate these rules into the federally

approved SIP. The intended effect of

approving these rules 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 rules control VOC

emissions from Automotive Refinishing

Operations and Motor Vehicle and

Mobile Equipment Coatings Operations.

Thus, EPA is finalizing the approval of

these revisions 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 rule is effective on June 9,

2000 without further notice, unless EPA

receives adverse comments by May 10,

2000. If EPA receives such comment, it

will publish a timely withdrawal in the

Federal Register informing the public

that this rule will not take effect.

ADDRESSES: Written comments must be

submitted to Andrew Steckel, Chief,

Rulemaking Office at the Region IX

office listed below. Copies of the rule

revisions and EPA’s technical support

document 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, Ariel Rios

Building, (Mail Code 6102), 1200

Pennsylvania Avenue, N.W., Washington,

D.C. 20460;

California Air Resources Board, Stationary

Source Division, Rule Evaluation Section,

2020 ‘‘L’’ Street, Sacramento, CA 95812;

Antelope Valley Air Pollution Control

District, 43301 Division Street, Suite 206,

Lancaster, CA 93539–4409;

Mojave Desert Air Quality Management

District (formerly San Bernardino County

Air Pollution Control District), 15428 Civic

Drive, Suite 200, Victorville, CA 92392–

2382

FOR FURTHER INFORMATION CONTACT: Julie

A. Rose, Rulemaking Office, AIR–4, Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105,

Telephone: (415) 744–1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the

California SIP include: Antelope Valley

Air Pollution Control District (AVAPCD)

Rule 1151, Motor Vehicle and Mobile

Equipment Coatings Operations and

Mojave Desert Air Quality Management

District (MDAQMD) Rule 1116,

Automotive Refinishing Operations.

These rules were submitted by the

California Air Resources Board to EPA

on October 29, 1999 and July 23, 1999,

respectively.

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

portions of the San Bernardino County

Air Pollution Control District 1 within

the Southeast Desert Modified Air

Quality Maintenance Area and the Los

Angeles-South Coast Air Basin 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 districts’ 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 SIPCall). On November 15, 1990, the Clean

Air Act Amendments of 1990 were

enacted. Public Law 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.2 EPA’s SIP-Call used that

guidance to indicate the necessary

corrections for specific nonattainment

areas.

The AVAPCD portion of the Southeast

Desert Modified Air Quality

Maintenance Area (SDMAQMA) is

classified as Severe-17, therefore, this

area was subject to the RACT fix-up

requirement and the May 15, 1991

deadline.

The MDAQMD portion of the

SDMAQMA is classified as severe; 3

therefore, this area was subject to the

RACT fix-up requirements and the May

15, 1991 deadline.

The AVAPCD was created pursuant to

California Health and Safety Code

(CHSC) section 40106 and assumed all

18902 Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Rules and Regulations

4The Antelope Valley region of Los Angeles

County is contained within the Federal area known

as the Southeast Desert Modified Air Quality

Management Area and the region identified by the

State of California as the Mojave Desert Air Basin.

5EPA 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).

air pollution control responsibilities of

the South Coast Air Quality

Management District in the Antelope

Valley region of Los Angeles County, 4

effective July 1, 1997. AVAPCD is the

successor agency to SCAQMD in the

Antelope Valley portion of the

Southeast Desert Modified Air Quality

Maintenance Area. The AVAPCD

remains subject to the RACT

requirements.

The State of California submitted

many revised RACT rules for

incorporation into its SIP on July 23,

1999 and October 29, 1999, including

the rules being acted on in this

document. This document addresses

EPA’s direct-final action for AVAPCD

Rule 1151, Motor Vehicle and Mobile

Equipment Coatings Operations and

MDAQMD Rule 1116, Automotive

Refinishing Operations. AVAPCD

adopted Rule 1151 on July 20, 1999 and

MDAQMD adopted Rule 1116 on

February 22, 1995 and revised Rule

1116 on April 26, 1999. These

submitted rules were found to be

complete on December 16, 1999 and

August 24, 1999, respectively, pursuant

to EPA’s completeness criteria that are

set forth in 40 CFR part 51 Appendix V 5

and is being finalized for approval into

the SIP.

AVAPCD Rule 1151 is a new rule for

Antelope Valley. Rule 1151 limits

emissions of volatile organic

compounds (VOC) and stratospheric

ozone-depleting and global warming

compounds from coatings applied to

Group I or Group II Vehicles and Mobile

Equipment. The provisions of this rule

apply to all commercial and noncommercial coating applications at

facilities involved in the production,

modification, or refinishing of motor

vehicles and mobile equipment.

MDAQMD Rule 1116 limits emissions

of VOC and stratospheric ozonedepleting and global warming

compounds from coatings applied to

Group I and Group II Vehicles and

Mobile Equipment. VOCs contribute to

the production of ground level ozone

and smog. These rules were originally

adopted as part of AVAPCD’s and

MDAQMD’s efforts 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 these rules.

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

2. 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). EPA has not yet issued a

Control Techniques Guideline (CTG) for

this source category, but has on

December 30, 1997 amended 40 CFR

Part 59, ‘‘National Volatile Organic

Emission Standards for Consumer and

Commercial Products’’ by adding

Subpart E, ‘‘National Volatile Organic

Compound Emission Standards for

Automobile Refinishing Coatings,’’ 62

FR 67784. This standard regulates the

manufacture of automotive coatings and

not the application of automobile

refinishing coatings. Body shops

nationwide are not directly affected by

the regulation’s requirements. EPA has

used the proposed VOC standards for

automotive coatings as guidance in

evaluating the VOC limits of Rule 1151

and Rule 1116. Further interpretations

of EPA policy are found in the Blue

Book, referred to in footnote 2. 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

AVAPCD Rule 1151, Motor Vehicle and

Mobile Equipment Coatings Operations

in the SIP. The submitted rule includes

the following provisions:

• Limits of 15 pounds per gallon of

applied solids for the original production of

motor homes;

• Limits emissions of VOCs from coatings

applied to Group I and Group II Vehicles and

Mobile Equipment;

• Applies to all commercial and noncommercial coating applications at facilities

involved in the production, modification, or

refinishing of motor vehicles and mobile

equipment; and

• Includes test methods to determine

compliance.

On June 13, 1995 (60 FR 31081), EPA

approved into the SIP a version of

MDAQMD Rule 1116, Automotive

Refinishing Operations that had been

adopted on February 22, 1995.

Revisions to this rule were subsequently

adopted on April 26, 1999. The

submitted Rule 1116 includes the

following significant changes from the

current SIP:

• Delayed imposition of the 420 grams per

liter VOC limit for multistage topcoat systems

until July 1, 2000;

• Updated and streamlined VOC definition

referencing the most recent federal list of

exempt compounds;

• Removed of obsolete limits and

language; and

• Specified exemptions to the ‘‘Prohibition

of Sale’’ provision.

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations, and EPA policy. Therefore,

AVAPCD Rule 1151, Motor Vehicle and

Mobile Equipment Coatings Operations

and MDAQMD Rule 1116, Automotive

Refinishing Operations are being

approved under section 110(k)(3) of the

CAA as meeting the requirements of

section 110(a) and part D.

EPA is publishing this rule without

prior proposal because the Agency

views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in the proposed

rules section of this Federal Register

publication, EPA is publishing a

separate document that will serve as the

proposal to approve the SIP revision

should adverse comments be filed. This

rule will be effective June 9, 2000

without further notice unless the

Agency receives adverse comments by

May 10, 2000.

If the EPA receives such comments,

then EPA will publish a timely

withdrawal in the Federal Register

informing the public that the rule will

not take effect. All public comments

received will then be addressed in a

subsequent final rule based on the

proposed rule. The EPA will not

institute a second comment period. Any

parties interested in commenting on this

rule should do so at this time. If no such

comments are received, the public is

advised that this rule is effective on

Federal Register / Vol. 65, No. 69 / Monday, April 10, 2000 / Rules and Regulations 18903

June 9, 2000 and no further action will

be taken on the proposed rule.

IV. 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 preexisting requirements under state law

and does not impose any additional

enforceable duty beyond that required

by state law, it does not contain any

unfunded mandate or significantly or

uniquely affect small governments, as

described in the Unfunded Mandates

Reform Act of 1995 (Pub. L. 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 filed in the United

States Court of Appeals for the

appropriate circuit by June 9, 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: March 15, 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)(268)(i)(B) and

(c)(270)(i)(E) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(268) * * *

(i) * * *

(B) Mojave Desert Air Quality

Management District.

(1) Rule 1116 revised on April 26,

1999.

* * * * *

(270) * * *

(i) * * *

(E) Antelope Valley Air Pollution

Control District.

(1) Rule 1151 adopted on July 20,

1999.

* * * * *

[FR Doc. 00–8526 Filed 4–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA–237–0221; FRL–6570–7]

Approval and Promulgation of State

Implementation Plans; California—

South Coast

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action to

approve a state implementation plan

(SIP) revision submitted by the State of

California to provide for attainment of

the 1-hour ozone national ambient air

quality standard (NAAQS) in the Los

Angeles-South Coast Air Basin Area

(South Coast). EPA is approving the SIP

revision under provisions of the Clean

Air Act (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 May

10, 2000.

ADDRESSES: The rulemaking docket for

this notice is available for public

inspection during normal business

hours at EPA’s Region IX office. A

reasonable fee may be charged for

copying parts of the docket.