
[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Proposed Rules]               
[Page 33399-33401]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-20]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0473; FRL-8929-6]

 
Revisions to the California State Implementation Plan, San 
Joaquin Valley Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve revisions to the San Joaquin 
Valley Air Pollution Control District portion of the California State 
Implementation Plan (SIP). These revisions concern volatile organic 
compound (VOC) emissions from graphic arts printing operations, digital 
printing operations, adhesives, cleaning solvents, transfer of organic 
liquids, and facilities engaged in coating of wood products, flat 
paneling, paper, film, foil, and fabric. We are approving 4 local rules 
that regulate these emission sources under the Clean Air Act as amended 
in 1990 (CAA or the Act). We are taking comments on this proposal and 
plan to follow with a final action.

DATES: Any comments must arrive by August 12, 2009.

ADDRESSES: Submit comments, identified by docket number [EPA-R09-OAR-
2009-0473], 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 delivery: 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: Nicole Law, EPA Region IX, (415) 947-
4126, Law.Nicole@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 Rules and 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. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by the local air agency and submitted by the 
California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.                Rule title                Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SJVAPCD.............................         4606  Wood Products and Flat Wood             10/16/08     12/23/08
                                                    Paneling Product Coating
                                                    Operations.
SJVAPCD.............................         4607  Graphic Arts and Paper, Film, Foil,     12/18/08     03/17/09
                                                    and Fabric Coatings.
SJVAPCD.............................         4624  Transfer of Organic Liquid.........     09/20/07     03/07/08
SJVAPCD.............................         4653  Adhesives..........................     12/20/07     03/07/08
----------------------------------------------------------------------------------------------------------------


[[Page 33400]]

    On April 17, 2008 and April 20, 2009, EPA determined that these 
rule submittals 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 These Rules?

    There are no previous versions of Rule 4624 in the SIP. We approved 
earlier versions of Rules 4606 and 4607 into the SIP on June 26, 2002 
(67 FR 42999). SJVAPCD adopted revisions to the SIP-approved version of 
Rule 4606 on September 20, 2007 and October 16, 2008 and CARB submitted 
them to us on March 7, 2008 and December 23, 2008. SJVAPCD adopted 
revisions to the SIP-approved version of Rule 4607 on September 20, 
2007 and December 18, 2008 and CARB submitted them to us on March 7, 
2008 and March 17, 2009. We approved an earlier version of Rule 4653 
into the SIP on May 7, 2002 (57 FR 30591). SJVAPCD adopted revisions to 
the SIP-approved version of Rule 4653 on September 20, 2007 and CARB 
submitted it to us on March 7, 2008. While we are only acting on the 
most recently submitted version, we have reviewed materials provided 
with previous submittals.

C. What Is the Purpose of the Submitted Rules and 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. These rules control 
VOC emissions by limiting VOC content in coatings used for graphic arts 
operations, printing operations, wood products, flat paneling, paper, 
film, foil, and fabric. In addition, the rules limit VOCs by regulating 
adhesives, cleaning solvents, and transfer of organic liquids. EPA's 
technical support documents (TSDs) have more information about these 
rules.

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 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
sections 182(a)(2) and (b)(2)), and must not relax existing 
requirements (see sections 110(l) and 193). The SJVAPCD regulates an 
extreme (for the 1-hour NAAQS) and serious (for the 8-hour NAAQS) ozone 
nonattainment area (see 40 CFR part 81), so Rules 4606, 4607, 4626, and 
4653 must fulfill RACT.
    Guidance and policy documents that we use to evaluate 
enforceability and RACT requirements consistently include the 
following:
    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. ``State Implementation Plans, General Preamble for the 
Implementation of Title I of the Clean Air Amendments of 1990,'' 57 FR 
13498, April 16, 1992.
    5. ``Preamble, Final Rule to Implement the 8-hour Ozone National 
Ambient Air Quality Standard'' 70 FR 71612; Nov. 29, 2005.
    6. Letter from William T. Hartnett to Regional Air Division 
Directors, ``RACT Qs & As--Reasonable Available Control Technology 
(RACT) Questions and Answers,'' May 18, 2006.
    7. ``Control of Volatile Organic Compound Emissions from Wood 
Furniture Manufacturing Operations,'' EPA-453/R-96-007, April 1996.
    8. ``Control Techniques Guidelines for Flat Wood Paneling 
Coatings,'' EPA-453/R-06-004, September 2006.
    9. ``Control Technique Guidelines for Control of VOCs from Existing 
Stationary Sources--Volume II: Surface Coating of Cans, Coils, Paper, 
Fabrics, Automobiles, and Light-Duty Trucks,'' EPA-450/2-77-008, May 
1977.
    10. ``Control Techniques Guidelines for Control of VOCs from 
Existing Stationary Sources--Volume VIII: Graphic Arts--Rotogravure and 
Flexography,'' EPA-450/2-78-033, December 1978.
    11. ``Control Techniques Guidelines for Offset Lithographic 
Printing and Letterpress Printing,'' EPA-453/R-06-002, September 2006.
    12. ``Control Techniques Guidelines for Flexible Package 
Printing,'' EPA-453/R-06-003, September 2006.
    13. ``Control Techniques Guidelines for Paper, Film, and Foil 
Coatings,'' EPA-453/R-07-003, September 2007.
    14. ``Control of Hydrocarbons from Tank Truck Gasoline Loading 
Terminals,'' EPA-450/2-77-026, October 1977.
    15. ``Control Techniques Guidelines for Miscellaneous Industrial 
Adhesives,'' EPA-453/R-08-005, September 2008.
    16. ``Determination of Reasonably Available Control Technology and 
Best Available Retrofit Control Technology for Adhesives and 
Sealants,'' CARB, December 1998.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant 
requirements, policy, and guidance regarding enforceability, RACT, and 
SIP relaxations. The TSDs have more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe 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

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the Federally 
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely

[[Page 33401]]

affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 26, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
 [FR Doc. E9-16490 Filed 7-10-09; 8:45 am]

BILLING CODE 6560-50-P
