[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Rules and Regulations]
[Pages 46535-46536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22136]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 95-8-7057; FRL-5279-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Placer County Air Pollution Control
District, San Diego County Air Pollution Control District, San Joaquin
Valley Unified Air Pollution Control District, and Ventura County Air
Pollution Control 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
December 2, 1993 and February 2, 1995. The revisions concern rules from
the following: Placer County Air Pollution Control District (PCAPCD),
San Diego County Air Pollution Control District (SDCAPCD), San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD), and Ventura
County Air Pollution Control District (VCAPCD). 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). This final
action serves as a final determination that the deficiencies in the
rules that started sanctions clocks have been corrected and that any
sanctions or Federal Implementation Plan (FIP) obligations triggered by
those deficiencies have been permanently stopped. The rules control VOC
emissions from marine vessel coating; graphic arts operations; paper,
fabric and film coating; and storage of organic liquids. Thus, EPA is
finalizing the approval of these rules 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 10, 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 94105-3901.
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.
Placer County Air Pollution Control District, 11464 B. Avenue,
Auburn, CA 95603.
San Diego County Air Pollution Control District, 9150 Chesapeake
Drive, San Diego, CA 92123-1096.
San Joaquin Valley Unified Air Pollution Control District, 1999
Tuolumne Street, Suite 200, Fresno, CA 93721.
Ventura County Air Pollution Control District, 669 County Square
Drive, Ventura, CA 93003.
FOR FURTHER INFORMATION CONTACT: Erik H. Beck, Rulemaking Section, Air
and Toxics Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415)
744-1190. Internet E-mail: beck.erik@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 1993 EPA proposed approval of VCAPCD Rule 74.3,
``Paper, Fabric, and Film Coating Operations,'' 58 FR 63545. On
February 2, 1995, 60 FR 6467, EPA proposed approval of the
[[Page 46536]]
following rules into the California SIP: Rule 4607, ``Graphic Arts,''
as adopted by SJVUAPCD on May 19, 1994; Rule 212, ``Storage of Organic
Liquids,'' as adopted by PCAPCD on November 3, 1994; and Rules 67.16
(``Graphic Arts Operations'') and 67.18 (``Marine Coating
Operations''), as adopted by SDCAPCD on September 20, 1994, and
December 13, 1994, respectively. These rules were submitted by the
California Air Resources Board to EPA on: June 19, 1992 (VCAPCD Rule
74.3); July 13, 1994 (SJVUAPCD Rule 4607); October 19, 1994 (SDCAPCD
Rule 67.16); December 19, 1994 (PCAPCD Rule 212); and December 22, 1994
(SDCAPCD Rule 67.18). 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 Notice of Proposed Rulemaking (NPRM) cited above.
EPA has evaluated all of the above rules for consistency with the
requirements of the CAA, and EPA's regulations and 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 58 FR 63545
and 60 FR 6467 and in technical support documents (TSDs) available at
EPA's Region IX office. These TSDs are dated: September 23, 1993
(VCAPCD 74.3), December 28, 1994 (PCAPCD Rule 212), and January 20,
1995 (SDCAPCD Rules 67.16 and 67.18, and SJVUAPCD Rule 4607).
Response to Public Comments
A 30-day public comment period was provided in 58 FR 63545 and 60
FR 6467. EPA did not receive comments on any of the rules.
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 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.
In 60 FR 6401, EPA published an Interim Final Rule that served to
temporarily defer the imposition of sanctions associated with SJVUAPCD
Rule 4607, PCAPCD Rule 212, and SDCAPCD Rules 67.16 and 67.18. As
discussed in the Interim Final Rule, two sanctions clocks were started
for each of these rules as a result of EPA's limited disapproval of a
previous version of the rules. This Final Rule serves to permanently
remove both sanctions clocks associated with the above rules. VCAPCD
Rule 74.3 does not have any sanctions associated with it.
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 governments in the aggregate or to the private
sector.
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: August 8, 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)(D)(3), (198)(i)(C)(3), (202)(i)(C)(2), (208)(i)(A)(2), and
(210)(i)(B) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(188) * * *
(i) * * *
(D) * * *
(3) Rule 74.3, adopted on December 10, 1991.
* * * * *
(198) * * *
(i) * * *
(C) * * *
(3) Rule 4607, adopted on May 19, 1994.
* * * * *
(202) * * *
(i) * * *
(C) * * *
(2) Rule 67.16, adopted on September 20, 1994.
* * * * *
(208) * * *
(i) * * *
(A) * * *
(2) Rule 212, adopted on November 3, 1994.
* * * * *
(210) * * *
(i) * * *
(B) San Diego County Air Pollution Control District.
(1) Rule 67.18, adopted on December 13, 1994.
* * * * *
[FR Doc. 95-22136 Filed 9-6-95; 8:45 am]
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