Approval and Promulgation of Implementation Plans California State Implementation Plan Revision Santa Barbara County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 46-3-6506; FRL-5066-7]

Approval and Promulgation of Implementation Plans California

State Implementation Plan Revision Santa Barbara 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

January 12, 1994. The revision concerns a rule from the Santa Barbara

County Air Pollution Control District (SBCAPCD). 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 oil refinery leaks. 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 final rule is effective on October 20, 1994.

ADDRESSES: Copies of the rule revision 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 revision 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.

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive B-23, Goleta, CA 93117.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.

SUPPLEMENTARY INFORMATION:

Background

On January 12, 1994 in 59 FR 1698, EPA proposed to approve the

following rule into the California SIP: SBCAPCD's Rule 331, Fugitive

Emissions Inspection and Maintenance. Rule 331 was adopted by SBCAPCD

on December 10, 1991. This rule was submitted by the California Air

Resources Board (CARB) to EPA on June 19, 1992. This rule was 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 of 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 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

rule meets the applicable EPA requirements. A detailed discussion of

the rule provisions and evaluations has been provided in 59 FR 1698 and

in the technical support document (TSD) available at EPA's Region IX

office (TSD dated June 7, 1993).

Response to Public Comments

A 30-day public comment period was provided in 59 FR 1698. No

formal comments were received.

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.

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 temporary 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.

Under section 307(b) of the Act, petitions for judicial review of

this action must be filed in the United States Court of Appeals for the

appropriate circuit by November 21, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review not does

it extend the time within which a petition for judicial review may be

filed and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

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: August 29, 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 paragraph (c) (188)(i)(A)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(188) * * *

(i) * * *

(A) * * *

(2) Rule 331, adopted on December 10, 1991.

* * * * *

[FR Doc. 94-23158 Filed 9-19-94; 8:45 am]

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