[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23158]
[[Page Unknown]]
[Federal Register: September 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 46-3-6506; FRL-5066-7]
Approval and Promulgation of Implementation Plans California
State Implementation Plan Revision Santa Barbara County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the approval of a revision to the California
State Implementation Plan (SIP) proposed in the Federal Register on
January 12, 1994. The revision concerns a rule from the Santa Barbara
County Air Pollution Control District (SBCAPCD). This approval action
will incorporate this rule into the federally approved SIP. The
intended effect of approving this rule 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
rule controls VOC emissions from oil refinery leaks. Thus, EPA is
finalizing the approval of this revision 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 final rule is effective on October 20, 1994.
ADDRESSES: Copies of the rule revision and EPA's evaluation report for
the rule are available for public inspection at EPA's Region IX office
during normal business hours.
Copies of the submitted rule revision 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,
SW., Washington, DC 20460.
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive B-23, Goleta, CA 93117.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section
(A-5-3), Air and Toxics Division, U.S. Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:
(415) 744-1197.
SUPPLEMENTARY INFORMATION:
Background
On January 12, 1994 in 59 FR 1698, EPA proposed to approve the
following rule into the California SIP: SBCAPCD's Rule 331, Fugitive
Emissions Inspection and Maintenance. Rule 331 was adopted by SBCAPCD
on December 10, 1991. This rule was submitted by the California Air
Resources Board (CARB) to EPA on June 19, 1992. This rule was 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 of the above rule and
nonattainment area is provided in the NPRM cited above.
EPA has evaluated the above rule 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
rule meets the applicable EPA requirements. A detailed discussion of
the rule provisions and evaluations has been provided in 59 FR 1698 and
in the technical support document (TSD) available at EPA's Region IX
office (TSD dated June 7, 1993).
Response to Public Comments
A 30-day public comment period was provided in 59 FR 1698. No
formal comments were received.
EPA Action
EPA is finalizing action to approve the above rule 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 approval action will incorporate this rule into the
federally approved SIP. The intended effect of approving this rule 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
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 222) from the
requirements of Section 3 of Executive Order 12291 for 2 years. The EPA
has submitted a request for a permanent waiver for Table 2 and Table 3
SIP revisions. The OMB has agreed to continue the temporary waiver
until such time as it rules on EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
Under section 307(b) of the Act, petitions for judicial review of
this action must be filed in the United States Court of Appeals for the
appropriate circuit by November 21, 1994. 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 not 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
Air pollution control, Hydrocarbons, Incorporation by reference,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
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: August 29, 1994.
John Wise,
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 paragraph (c) (188)(i)(A)(2)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(188) * * *
(i) * * *
(A) * * *
(2) Rule 331, adopted on December 10, 1991.
* * * * *
[FR Doc. 94-23158 Filed 9-19-94; 8:45 am]
BILLING CODE 6560-50-F
