[Federal Register Volume 60, Number 186 (Tuesday, September 26, 1995)]
[Rules and Regulations]
[Pages 49511-49512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23822]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 33-2-7095; FRL-5297-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, San Diego 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
June 9, 1992. The revision concerns a rule from the San Diego County
Air Pollution Control District (SDCAPCD). 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 solvents used in the manufacturing of
pharmaceuticals and cosmetics. 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 action is effective on October 26, 1995.
ADDRESSES: Copies of the rule 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 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
San Diego County Air Pollution Control District, 9150 Chesapeake Drive,
San Diego, CA 92123-1095
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 June 9, 1992 in 57 FR 24447, EPA proposed to approve the
following SDCAPCD rule into the California SIP: Rule 67.15,
Pharmaceutical and Cosmetic Manufacturing. Rule 67.15 was adopted by
SDCAPCD on December 18, 1990. The rule was submitted by the California
Air Resources Board (CARB) to EPA on April 5, 1991 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 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, 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 57 FR 24447
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 57 FR 24447. EPA
received no comments regarding the NPRM.
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.
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 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
[[Page 49512]]
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: September 5, 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 paragraph (c)(183)(i)(A)(13)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(183) * * *
(i) * * *
(A) * * *
(13) Rule 67.15, adopted on December 18, 1990.
* * * * *
[FR Doc. 95-23822 Filed 9-25-95; 8:45 am]
BILLING CODE 6560-50-P
