Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Bay Area Air Quality Management District; San Joaquin Valley Unified Air Pollution Control District; South Coast Air Quality Management District

Federal RegisterJun 23, 1994

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA12-8-5792; FRL-4888-8]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Bay Area Air Quality Management

District; San Joaquin Valley Unified Air Pollution Control District;

South Coast 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

September 28, 1992, and September 11, 1992. The revisions concern rules

from the following districts: Bay Area Air Quality Management District

(BAAQMD); San Joaquin Valley Unified Air Pollution Control District

(SJVUAPCD); and South Coast Air Quality Management District (SCAQMD).

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

petroleum dry cleaners, rubber tire manufacturers, and wood flat stock

coating operations. 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 final rule is effective on July 25, 1994.

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, SW., Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

Bay Area Air Quality Management District, 939 Ellis Street, San

Francisco, CA, 94109.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, suite 200, Fresno, CA, 93721.

South Coast Air Quality Management District, Planning & Rules

Division, P.O. Box 4939, Diamond Bar, CA 91765-0939.

FOR FURTHER INFORMATION CONTACT: Wendy Colombo, 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) 744-1202.

SUPPLEMENTARY INFORMATION:

Background

The three rules being finalized in this document were adopted by

their respective agencies, submitted by the California Air Resources

Board (CARB) to EPA, and proposed for approval into the California SIP

by EPA on the following dates:

BAAQMD Regulation 8, Rule 17, Petroleum Dry Cleaning

Operations-adopted September 5, 1990, submitted April 5, 1991, and

proposed September 28, 1992 (57 FR 44542);

SJVUAPCD Rule 468.1, Rubber Tire Manufacturing Operations-

adopted May 16, 1991, submitted October 25, 1991, and proposed

September 11, 1992 (57 FR 41716); and

SCAQMD Rule 1104, Wood Flat Stock Coating Operations-

adopted March 1, 1991, submitted October 25, 1991, and proposed

September 11, 1992 (57 FR 41716).

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 notices of

proposed rulemakings (NPRMs) 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 NPRMs 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 57 FR 44542

and 57 FR 41716 and in technical support documents (TSDs) available at

EPA's Region IX office (TSDs dated June 1992, BAAQMD Regulation 8, Rule

17; June 1992, SJVUAPCD Rule 468.1; and May 1992, SCAQMD Rule 1104).

Response to Public Comments

Both proposals provided 30-day public comment periods (57 FR 44542

and 57 FR 41716), and EPA received no comments on its proposals to

approve these revisions.

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. Final approval of SJVUAPCD Rule 468.1 corrects the finding of

nonsubmittal published in the Federal Register on October 22, 1991 (56

FR 54554) for Kings County.

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 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting andrecordkeeping 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: May 18, 1994.

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)

(183)(i)(F)(2) and (186)(i)(B) and (186)(i)(C) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(183) * * *

(i) * * *

(F) * * *

(2) Regulation 8, Rule 17, adopted on September 5, 1990.

* * * * *

(186) * * *

(i) * * *

(B) San Joaquin Valley Unified Air Pollution Control District.

(1) Rule 468.1, adopted on May 16, 1991.

(C) South Coast Air Quality Management District.

(1) Rule 1104, adopted March 1, 1991.

* * * * *

[FR Doc. 94-15251 Filed 6-22-94; 8:45 am]

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