FR Doc 03-27267

[Federal Register: October 30, 2003 (Volume 68, Number 210)]
[Rules and Regulations]
[Page 61753-61756]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc03-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA284-0407a; FRL-7577-1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Bay Area Air Quality Management District(BAAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from solvent and surface
cleaning operations during large appliance and metal furniture coating,
miscellaneous metal parts coating, plastic parts and products coating,
and marine vessel coating. 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 December 29, 2003 without further
notice, unless EPA receives adverse comments by December 1, 2003. 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, or via email at steckel.andrew@epa.gov.
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:

Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail
Code 6102T), Washington, DC 20460;
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814; and,
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109.

A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm.
Please be advised that this is not
an EPA Web site and may not contain the same version of the rule that
was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, at (415) 947-4111, or via email at wamsley.jerry@epa.gov.

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

Table of Contents

I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA recommendations to further improve the rules
D. Public comment and final action
III. Stationary and Executive Order Reviews

I. The State's Submittal

A. What Rules Did the State Submit?

Table 1 lists the rules we are approving with the dates that they
were adopted by the BAAQMD and submitted by the California Air
Resources Board (CARB).

Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
BAAQMD 8-14 Surface Preparation and Coating of 10/16/02 04/01/03
Large Appliances and Metal Furniture.
BAAQMD 8-19 Surface Preparation and Coating of 10/16/02 04/01/03
Miscellaneous Metal Parts and Products.
BAAQMD 8-31 Surface Preparation and Coating of 10/16/02 04/01/03
Plastic Parts and Products.
BAAQMD 8-43 Surface Preparation and Coating of 10/16/02 04/01/03
Marine Vessels.
----------------------------------------------------------------------------------------------------------------

On May 13, 2003, EPA made the finding that these rule submittals
met the completeness criteria in 40 CFR part 51, appendix V. These
criteria must be met before formal EPA review may begin.

B. Are There Other Versions of These Rules?

We approved past versions of these BAAQMD rules into the SIP on
December 23, 1997 at 62 FR 66998. Between these SIP incorporations and
today, CARB has made no intervening submittals of these rules.

C. What Is the Purpose of the Submitted Rule Revisions?

The amendments to these rules added solvent cleaning provisions to
each rule

[[Page 61754]]

along with complementary changes to the recordkeeping and test method
portions of each rule. BAAQMD's amendments to these four rules included
these significant changes to the version within the SIP.

--The VOC definition was updated. Also, several new definitions were
added such as surface preparation, medical device, and electrical and
electronic components.
--Standards for minimizing solvent evaporative loss during clean-up
were added along with a requirement that clean-up solvents not exceed
50 grams/liter VOC content.
--Surface preparation standards were added along with a requirement
that surface preparation solvents not exceed 50 grams/liter VOC
content.
--Record keeping requirements were added for solvents used in clean-up
and surface preparation.
--The test method section of the rule was amended to include the clean-
up and surface preparation standards.
--A set of test methods, ``Analysis of Solvent Samples'' and ``Analysis
of Exempt Compounds'' were added.

Also, BAAQMD added limited exemptions for several activities from
the solvent cleaning requirements within the rules. These limited
exemptions are described below and discussed in more detail later in
this rulemaking.
BAAQMD Rule 8-14, Surface Preparation and Coating of Large
Appliances and Metal Furniture, is a rule designed to reduce VOC
emissions at industrial sites painting and coating these items. VOCs
are emitted during the preparation and coating of various substrates,
as well as, the drying phase of the coating process. Rule 8-14 contains
general and specialty coating VOC emission limits, an abatement device
efficiency requirement of 85%, solvent evaporative loss standards, and
surface preparation standards. BAAQMD's amendments to Rule 8-14
included these specific limited exemptions.

BAAQMD Rule 8-19, Surface Preparation and Coating of Miscellaneous
Metal Parts and Products, is a rule designed to reduce VOC emissions at
industrial sites engaged in painting and coating various metal parts
and products. VOCs are emitted during the preparation and coating of
various substrates, as well as, the drying phase of the coating
process. Rule 8-19 contains general and specialty coating VOC emission
limits, an abatement device efficiency requirement of 85%, solvent
evaporative loss standards, and surface preparation standards. BAAQMD's
amendments to Rule 8-19 included these specific limited exemptions.

--A limited exemption was added for the following: (1) Surface
preparation of electrical and electronic components, precision optics,
and numismatic dies; (2) stripping of cured inks, coatings, and
adhesives, cleaning of resin, coating, ink and adhesive mixing, molding
and application equipment; and, (3) surface preparation associated with
research and development operations, medical devices, pharmaceutical
manufacturing operations, performance testing of coatings, adhesives,
or inks, and testing for quality control and quality assurance.
--A limited exemption from the standards in Section 321 was added for
surface preparation of military components which are prepared under a
contract that requires the use of a solvent exceeding the requirements
in Section 321. Such a contract must be entered into before December 1,
2005.

BAAQMD Rule 8-31, Surface Preparation and Coating of Plastic Parts
and Products, is a rule designed to reduce VOC emissions at industrial
sites coating or painting plastic substrates. VOCs are emitted during
the preparation and coating of various substrates, as well as, the
drying phase of the coating process. Rule 8-31 contains general and
specialty coating VOC emission limits, an abatement device efficiency
requirement of 85%, solvent evaporative loss standards, and surface
preparation standards. BAAQMD's amendments to Rule 8-31 included these
specific limited exemptions.

BAAQMD Rule 8-43, Surface Preparation and Coating of Marine
Vessels, is a rule designed to reduce VOC emissions at industrial sites
engaged in coating and painting marine vessels and associated
components. VOCs are emitted during the preparation and coating of
various substrates, as well as, the drying phase of the coating
process. Rule 8-43 contains general and specialty coating VOC emission
limits, an abatement device efficiency requirement of 85%, solvent
evaporative loss standards, and surface preparation standards. BAAQMD's
amendments to Rule 8-43 included these specific limited exemptions.

--A limited exemption was added for the following: (1) Surface
preparation solvent used on surfaces prepared for bonding dissimilar
substrates; (2) surface preparation solvent used on gears, turbines,
turbine generators and associated housings with faint or working
surfaces where surfaces are requried to undergo material testing or
application for transfer dyes; (3) electrical and electronic
components; and, (4) surface preparation associated with research and
development operations, medical devices, pharmaceutical manufacturing
operations, and performance testing of coatings, adhesives, or inks,
and testing for quality control and quality assurance.
--A limited exemption from the standards in Section 321 was added for
surface preparation of military components which are prepared under a
contract that requires the use of a solvent exceeding the requirements
in Section 321. Such a contract must be entered into before December 1,
2005.
--Section 402, Vessels Subject to Coastwide Bid Petition was deleted.

The TSD for each subject rule has more information.

[[Page 61755]]

II. EPA's Evaluation and Action

A. 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
BAAQMD regulates an ozone nonattainment area (see 40 CFR part 81), so
these rules must fulfill RACT.
Guidance and policy documents that we used to help evaluate
specific enforceability and RACT requirements consistently include the
following items listed below.
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,'' EPA, May 25, 1988 (the Bluebook).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume III: Surface Coating of Metal Furniture,'' USEPA,
December 1977, EPA-450/2-77-032.
5. ``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume V: Surface Coating of Large Appliances,'' USEPA,
December 1977, EPA-450/2-77-034.
6. ``Control of Volatile Organic Emissions from Existing Stationary
Sources Volume VI: Surface Coating of Miscellaneous Metal Parts and
Products,'' USEPA, June 1978, EPA-450/2-78-015.
7. Alternative Control Technique Document: Surface Coating of
Automotive/Transportation and Business Machine Plastic Parts (EPA 453/
R-94-017, 2/94).
8. ``Control Techniques Guidelines (CTG) for Shipbuilding and Ship
Repair Operations (Surface Coating),'' USEPA, 61 Federal Register
44050-44057, August 27, 1996.

B. 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
emissions allowed by the limited exemptions within these rules are
outweighed by the emission reductions generated by each rule. BAAQMD
staff provided the following supporting rationale for the limited
exemptions: (1) Some solvent cleaning is idiosyncratic to the ink,
coating, or adhesive being removed and could not be achieved without
considering their formulation; (2) these surface preparation and
cleaning solvents are used in very small amounts; (3) a specific clean-
up solvent or surface preparation agent is either required, or has no
workable substitute given the specific task at hand. Overall, these
amendments to these Regulation 8 rules will result in a VOC emission
reduction of 2.2 tons per day including the emission effects of the
limited exemptions (note that 1.7 tons per day of these emission
reductions are derived from Rule 8-4, adopted simultaneously with these
other rules).
The subject TSD has more information on our evaluation each rule.

C. EPA Recommendations to Further Improve the Rules

We have no additional rule revisions that do not affect EPA's
current action but are recommended for the next time the local agency
modifies the rules.

D. 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
approval, so we are finalizing it 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 December 1, 2003, 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 December 29, 2003. This will incorporate
these rules into the federally enforceable SIP. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

III. Stationary and Executive Order Reviews

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. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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). This action 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
``Protection of Children from Environmental Health Risks and Safety
Risks'' (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

[[Page 61756]]

requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 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 December 29, 2003. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

Dated: October 6, 2003.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(315)(i)(A)(2) to
read as follows:

Sec. 52.220 Identification of plan.

* * * * *
(c) * * *
(315) * * *
(i) * * *
(A) * * *
(2) Rule 8-14 adopted on March 7, 1979 and amended on October 16,
2002; Rule 8-19 adopted on January 9, 1980 and amended on October 16,
2002; Rule 8-31 adopted on September 7, 1983 and amended on October 16,
2002; and, Rule 8-43 adopted on November 23, 1988 and amended on
October 16, 2002.
* * * * *
[FR Doc. 03-27267 Filed 10-29-03; 8:45 am]

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