[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21702-21703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10816]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 95-5-6924; FRL-5190-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Mojave Desert Air Quality
Management District and San Bernardino County Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing the approval of revisions to the California
State Implementation Plan (SIP) proposed in the Federal Register on
January 19, 1995. The revisions concern rules from the Mojave Desert
Air Quality Management District (MDAQMD) and the San Bernardino County
Air Pollution Control District (SBCAPCD). 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 loading, transfer, and storage of
organic liquids, including gasoline. 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 June 2, 1995.
ADDRESSES: Copies of the rules 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 rules 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, 2020 ``L'' Street, Sacramento, CA 95814.
Mojave Desert Air Quality Management District (formerly San Bernardino
County APCD), 15428 Civic Drive, Suite 200, Victorville, CA 92392-2383.
FOR FURTHER INFORMATION CONTACT: Duane F. James, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901,
Telephone: (415) 744-1191.
SUPPLEMENTARY INFORMATION:
Background
On January 19, 1995, in 60 FR 3794, EPA proposed to approve the
following rules into the California SIP: MDAQMD's Rule 461, ``Gasoline
Transfer and Dispensing,'' and Rule 462, ``Organic Liquid Loading,''
and SBCAPCD's Rule 463, ``Storage of Organic Liquids'' (the NPRM).
Rules 461 and 462 were adopted by MDAQMD on May 25, 1994, and Rule 463
was adopted by SBCAPCD on November 2, 1992. These rules were submitted
by the California Air Resources Board to EPA on January 11, 1993 (Rule
463) and July 13, 1994 (Rules 461 and 462). 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 all of the above rules for consistency with the
requirements of the CAA and 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 the NPRM and
in technical support documents available at EPA's Region IX office,
dated July 14, 1994 (Rule 463) and August 26, 1994 (Rules 461 and 462).
Response to Public Comments
A 30-day public comment period was provided in the NPRM. EPA
received no comments on Rules 461, 462, and 463.
EPA Action
EPA is finalizing action to approve the above rules for inclusion
into the California SIP. EPA is approving the submittal under section
110(k)(3) as meeting the requirements of section 110(a) and Part D of
the CAA. This [[Page 21703]] 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.
Regulatory Process
The OMB has exempted this action from review under Executive Order
12866.
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: April 6, 1995.
Nora L. McGee,
Acting 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) (191)(i)(C)
and (198)(i)(E) to read as follows:
52.220 Identification of plan.
* * * * *
(c) * * *
(191) * * *
(i) * * *
(C) San Bernardino County Air Pollution Control District.
(1) Rule 463, adopted on November 2, 1992.
* * * * *
(198) * * *
(i) * * *
(E) Mojave Desert Air Quality Management District.
(1) Rules 461 and 462, adopted on May 25, 1994.
* * * * *
[FR Doc. 95-10816 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-W
