[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4215-4216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2141]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 37-3-7203; FRL-5329-7]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Butte County Air Pollution Control
District, Mojave Desert Air Quality Management District, Monterey Bay
Unified Air Pollution Control District, Santa Barbara County Air
Pollution Control District, and Yolo-Solano 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
July 27, 1995. The revisions concern rules from Butte County Air
Pollution Control District (BCAPCD), Mojave Desert Air Quality
Management District (MDAQMD), Monterey Bay Unified Air Pollution
Control District (MBUAPCD), Santa Barbara County Air Pollution Control
District, and Yolo-Solano Air Quality Management District (YSAQMD).
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 the manufacture
and application of cutback and emulsified asphalt materials. 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.
EFFECTIVE DATE: This action is effective on March 6, 1996.
ADDRESSES: Copies of the rule revisions and EPA's evaluation report 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 Section (A-5-3), Air and Toxics Division, U.S. Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA
94105
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1219 ``K'' Street, Sacramento, CA 95814
Butte County Air Pollution Control District, 9287 Midway, Suite 1A,
Durham, CA 95938
Mojave Desert Air Quality Management District, 15428 Civic Drive,
Victorville, CA 92392
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud
Court, Monterey, CA 93940
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive B-23, Goleta, CA 93117.
Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite
103, Davis, CA 95616.
FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking
Section, Air and Toxics Division, U.S. Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:
(415) 744-1188.
SUPPLEMENTARY INFORMATION:
Background
On July 27, 1995 in 60 FR 38535, EPA proposed to approve the
following rules into the California SIP: BCAPCD Rule 241, Cutback and
Emulsified Asphalt; MDAQMD Rule 1103, Cutback and Emulsified Asphalt;
MBUAPCD Rule 425, Use of Cutback Asphalt; SBCAPCD Rule 329, Cutback and
Emulsified Asphalt Paving Materials; and YSAQMD Rule 2.28, Cutback and
Emulsified Asphalts. The BCAPCD adopted Rule 241 on January 12, 1993;
the MDAQMD adopted Rule 1103 on December 21, 1994; the MBUAPCD adopted
Rule 425 on August 25, 1993; the SBCAPD adopted rule 329 on February
25, 1992; and the YSAQMD adopted Rule 2.28 on May 25, 1994. These rules
were submitted by the California Air Resources Board (CARB) to EPA on
May 13, 1993; December 22, 1994; November 18, 1993; June 19, 1992; and
November 30, 1994 respectively. These rules were submitted in response
to EPA's 1988 SIP-Call and the CAA section 182(a)(2)(A) requirement
that nonattainment areas fix their reasonably available control
technology (RACT) rules for ozone in accordance with EPA guidance that
interpreted the requirements of the pre-amendment Act. A detailed
discussion of the background for each of the above rules and
nonattainment areas is provided in the NPRM cited above.
EPA has evaluated the above rules for consistency with the
requirements of the CAA, EPA regulations, and EPA interpretation of
these requirements as expressed in the various EPA policy guidance
documents referenced in the NPRM cited above. EPA has found that the
rules meet the applicable EPA requirements. A detailed discussion of
the rule provisions and evaluations has been provided in 60 FR 38535
and in technical support documents (TSDs) available at EPA's Region IX
office.
Response to Public Comments
A 30-day public comment period was provided in 60 FR 38535. EPA
received no comments regarding the NPRM.
EPA Action
EPA is finalizing action to approve the above rules for inclusion
into the California SIP. EPA is approving the submittals 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.
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules
[[Page 4216]]
that include a Federal mandate that may result in estimated costs of
$100 million or more to the private sector or to State, local, or
tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this final action does not include
a mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
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: October 31, 1995.
Felicia Marcus,
Regional Administrator.
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. 7401-7671q.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs
(c)(188)(i)(A)(4), (193)(i)(C)(1), (194)(i)(F)(2), (207)(i)(C)(2),
(210)(i)(C)(1) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(188) * * *
(i) * * *
(A) * * *
(4) Rule 329, adopted on February 25, 1992.
* * * * *
(193) * * *
(i) * * *
(C) Butte County Air Pollution Control District.
(1) Rule 241, adopted on January 12, 1993.
* * * * *
(194) * * *
(i) * * *
(F) * * *
(2) Rule 425, adopted on August 25, 1993.
* * * * *
(207) * * *
(i) * * *
(C) * * *
(2) Rule 2.28, adopted on May 25, 1994.
* * * * *
(210) * * *
(i) * * *
(C) Mojave Desert Air Quality Management District.
(1) Rule 1103, adopted on December 21, 1994.
* * * * *
[FR Doc. 96-2141 Filed 2-2-96; 8:45 am]
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