[Federal Register: September 17, 2007 (Volume 72, Number 179)]
[Rules and Regulations]
[Page 52791-52793]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se07-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2007-0276; FRL-8456-4]
Revisions to the California State Implementation Plan, Mojave
Desert 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 a revision to the
Mojave Desert Air Quality Management District (MDAQMD) portion of the
California State Implementation Plan (SIP). This revision concerns
volatile organic compound (VOC) emissions from the usage of solvents.
We are approving a local rule that regulates these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on November 16, 2007 without further
notice, unless EPA receives adverse comments by October 17, 2007. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number RO9-OAR-2007-
0276, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-
line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through http://www.regulations.gov or e-mail.
http://www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Cynthia Allen, EPA Region IX, (415)
947-4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rule
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule we are approving with the date that the
amended rule was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
[[Page 52792]]
Table 1.--Submitted Rules
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Local Rule No. Rule title Adopted Submitted
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MDAQMD.................................... 442 Usage of Solvents............ 02/27/06 10/05/06
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On October 24, 2006, we determined the submittal of October 5, 2006
met the completeness criteria in 40 CFR part 51 appendix V, which must
be met before formal EPA review.
B. Are there other versions of this rule?
We approved a version of San Bernardino County Air Pollution
Control District Rule 442 into the SIP on June 9, 1982 (47 FR 25013).
This rule remains effective in the portion of San Bernardino County
that is under the MDAQMD's jurisdiction. We also approved a version of
South Coast Air Quality Management District Rule 442 into the SIP on
November 16, 1983 (48 FR 52054). This rule remains effective in the
portion of Riverside County that is under the MDAQMD's jurisdiction.
C. What is the purpose of the submitted rule revisions?
VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires states
to submit regulations that control VOC emissions. This rule was
developed as part of the local air district's programs to control these
pollutants.
The purposes of the MDAQMD Rule 442 revisions relative to the SIP
rule are as follows:
The rule is revised to conform to present MDAQMD rule
format and to be consistent with other District rules.
Section (A)--This section has been renamed ``General'' to
conform with standard MDAQMD rule format. Subsections (A)(1) `Purpose'
and (A)(2) `Applicability' have been revised to update terminology to
reflect current regulatory trends and to remove unnecessary and
obsolete references.
Section (B)--This section has been modified to update the
terminology to reflect current regulatory trends. A variety of other
terms have been added and revised to conform to definitions contained
in Regulation XIII. The organic materials definition was revised to
more accurately reflect language that could be used to demonstrate
compliance with other District rules requiring recording and labeling
of VOC materials.
Section (C)--This section has been renamed
``Requirements'' and all procedural requirements have been moved to
this section. The rule amendments remove restrictions to the use of
non-photochemically reactive solvents and change the VOC usage
restriction from 39.6 lbs/day to a monthly limit of 1190 lbs/month.
Section (D)--This section has been renamed ``Exemptions''
because all exemptions have been moved to this section. An exemption
for aerosol products has been added.
Section (E)--This section has been renamed ``Monitoring,
Recordkeeping and Reporting.'' The language in this section has been
modified for consistency with other MDAQMD rules and regulations.
Section (F)--This section has been named ``Test Methods''
and contains the methods for determining VOC content. Test methods have
been defined and language has been updated for consistency with other
MDAQMD rules and regulations.
The current VOC emissions limit that allows disposal of up
to 1.3 gallons per day of VOC by any means is made more stringent by
prohibiting disposal of VOC in a manner that would allow evaporation of
VOC into the atmosphere.
The current emissions limit of 18 kg (39.6 pounds) per day
of photochemically reactive solvents is converted to the monthly
emission limit of 540 kg (1,190 pounds) of VOC per month.
The current emissions limit for organic materials that
come in contact with a flame, are baked, are heater cured, or are heat
polymerized of 195 kg (429 pounds) per month is removed; however, the
VOC emissions limit for these processes are covered by other rules in
Regulations IV and XI.
The current emissions limit deletes the 8,036 kg (18,000
pounds) per day limit for ``non-photochemically reactive'' solvents. A
part of these solvents are covered by the ``VOC'' limit and a part do
not have a limit because they are not precursors to ozone.
A limit on VOC emissions from coating aerospace assemblies
and a limit for tire manufactures expired by their own terms.
Exemptions for high solid or ultra-high solid materials
are removed due to a change in VOC terminology.
The revised Rule 442 will apply throughout the MDAQMD and will
supersede the two SIP versions of the rule identified above.
EPA's technical support document (TSD) has more information about
this rule.
II. EPA's Evaluation and Action
A. How is EPA evaluating this rule?
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 interfere with existing requirements concerning attainment of
air quality standards (see section 110(1)) or relax existing control
requirements (see section 193). The MDAQMD regulates an 8-hour ozone
nonattainment area (see 40 CFR part 81). However, RACT is not required
for Rule 442, because no major sources of VOC are expected to be
covered by Rule 442. Major sources are covered by other rules in
Regulations IV and XI.
Guidance and policy documents that we used to evaluate the
enforceability and legal sufficiency of this rule include the
following:
1. ``Requirements for Preparation, Adoption, and Submittal of
Implementation Plans,'' U.S. EPA, 40 CFR part 51.
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. ``Review of State Implementation Plans and Revisions for
Enforceability and Legal Sufficiency,'' September 23, 1987.
5. ``General Preamble for the Implementation of Title I of the
Clean Air Act Amendments of 1990,'' at 57 FR 13498, April 16, 1992.
B. Does the rule meet the evaluation criteria?
We believe the rule is consistent with the relevant requirements
and policy regarding enforceability, legal sufficiency, and SIP
relaxations. The TSD has more information on our evaluation.
C. EPA Recommendations to Further Improve the Rule
The TSD describes additional rule revisions that do not affect
EPA's
[[Page 52793]]
current action but are recommended for the next time the local agency
modifies the rule.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted MDAQMD Rule 442 because we believe it fulfills
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 rule. If we
receive adverse comments by October 17, 2007, 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 November 16, 2007. This will incorporate the
rule into the federally enforceable SIP.
III. Statutory 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 approves a state rule
implementing a Federal standard.
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. 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 November 16, 2007. 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: July 25, 2007.
Jane Diamond,
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)(347)(i)(C) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(347) * * *
(i) * * *
(C) Mojave Desert Air Quality Management District.
(1) Rule 442, Adopted: 5/7/76; CARB Ex. Ord. G-73: 02/01/77;
Readopted: 07/25/77; Amended: 02/02/79; Amended: 02/27/06.
* * * * *
[FR Doc. E7-18064 Filed 9-14-07; 8:45 am]
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