Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Ventura County Air Pollution Control District

Federal RegisterAug 4, 1994

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 38-1-6542; FRL-5010-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Ventura County Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final rulemaking (NFRM).

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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 20, 1993. The revisions concern rules from the 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). The revised rules

control VOC emissions from hospital sterilizers and petroleum

production, processing, storage, and transfer. 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 September 6, 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, Jerry Kurtzweg ANR 443, 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.

Ventura County Air Pollution Control District, 702 County Square

Drive, Ventura, California 93003.

FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-

1200.

SUPPLEMENTARY INFORMATION:

Background

On December 20, 1993 in 58 FR 66324, EPA proposed to approve the

following VCAPCD rules into the California SIP: Rule 62.6, Ethylene

Oxide-Sterilization and Aeration; Rule 71.1, Crude Oil Production and

Separation; and Rule 71.3, Transfer of Reactive Organic Compound

Liquids. These rules were adopted by VCAPCD on July 16, 1991 and June

16, 1992. The rules were submitted by the California Air Resources

Board (CARB) to EPA on October 25, 1991 and September 14, 1992. 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, 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 58 FR 66324

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 58 FR 66324. EPA

received no comments regarding the NPRM.

EPA Action

EPA is finalizing this 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.

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 3 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. 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 Agency, 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: June 29, 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 paragraph (c)(186)(i)(D)(1)

and (c)(189)(i)(B)(1) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(186) * * *

(i) * * *

(D) Ventura County Air Pollution Control District.

(1) Rule 62.6, adopted on July 16, 1991.

* * * * *

(189) * * *

(i) * * *

(B) Ventura County Air Pollution Control District.

(1) Rule 71.1 and Rule 71.3, adopted on June 16, 1992.

* * * * *

[FR Doc. 94-18992 Filed 8-3-94; 8:45 am]

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