Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; South Coast Air Quality Management Division; Ventura County Air Pollution Control District

Federal RegisterAug 17, 1994

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 32-2-6530; FRL-5007-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; South Coast Air Quality Management

Division; 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

March 15, 1994. The revisions concern rules from the South Coast Air

Quality Management District (SCAQMD) and 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 emissions of VOCs from the transfer of gasoline into storage or

fuel tanks, and from crude oil and natural gas production and

processing facilities. 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 16, 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.

South Coast Air Quality Management District, 21865 E. Copley

Drive, Diamond Bar, CA 91765-4182.

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 March 15, 1994 in 59 FR 11958, EPA proposed to approve the

following rules into the California SIP: SCAQMD Rule 461, Gasoline

Transfer and Dispensing, and VCAPCD Rule 74.10, Components at Crude Oil

and Natural Gas Production and Processing Facilities. Rule 461 was

adopted by the SCAQMD on July 7, 1989, and submitted by the California

Air Resources Board (CARB) to EPA on December 31, 1990. Rule 74.10 was

adopted by the VCAPCD on June 16, 1992 and submitted by the CARB on

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 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

rules meet the applicable EPA requirements. A detailed discussion of

the rule provisions and evaluations has been provided in 59 FR 11958

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 59 FR 11958. EPA did

not receive any comments regarding these rules.

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 23, 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 paragraphs (c)(182)(i)(A)(4)

and (c)(189)(i)(B)(2) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(182) * * *

(i) * * *

(A) * * *

(4) Rule 461, adopted on July 7, 1989.

* * * * *

(189) * * *

(i) * * *

(B) * * *

(2) Rule 74.10, adopted on June 16, 1992.

* * * * *

[FR Doc. 94-19907 Filed 8-16-94; 8:45 am]

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