Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; San Joaquin Valley Unified Air Pollution Control District; Kern County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-5-6721; FRL-5106-1]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; San Joaquin Valley Unified Air

Pollution Control District; Kern 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

September 16, 1994. The revisions concern rules from the San Joaquin

Valley Unified Air Pollution Control District (SJVUAPCD) and the Kern

County Air Pollution Control District (KCAPCD). 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). Also, on May

13, 1993, EPA finalized a limited approval and a limited disapproval of

an earlier revision of KCAPCD Rule 410.4. Therefore, EPA's approval

action on the current revision of KCAPCD Rule 410.4 serves as final

determination that the deficiencies have been corrected and that on the

effective date of this action, any sanction or Federal Implementation

Plan (FIP) clock is stopped. The revised rules control VOC emissions

from surface coating of metal parts and products. 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 January 3, 1995.

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.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, suite 200, Fresno, CA 93721.

Kern County Air Pollution Control District, 2700 M Street, suite

290, Bakersfield, CA 93301.

FOR FURTHER INFORMATION CONTACT: Helen Liu, 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-

1199.

SUPPLEMENTARY INFORMATION:

Background

On September 16, 1994 in 59 FR 47578, EPA proposed to approve the

following rules into the California SIP: SJVUAPCD's Rule 4603, Surface

Coating of Metal Parts and Products, and KCAPCD's Rule 410.4, Surface

Coating of Metal Parts and Products. Rule 4603 was adopted by SJVUAPCD

on May 20, 1993. Rule 410.4 was adopted by KCAPCD on July 12, 1993.

Both rules were submitted by the California Air Resources Board to EPA

on November 18, 1993. 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 47578

and in the technical support document (TSDs) available at EPA's Region

IX office (TSD's dated April 5, 1994 for Rule 4603, and February 11,

1994 for Rule 410.4).

Response to Public Comments

A 30-day public comment period was provided in 59 FR 47578. EPA

received no comments.

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. In addition, this action serves as a

final determination that the deficiencies in Rule 410.4, previously

identified in 58 FR 28357 (May 13, 1993), have been corrected. 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

The Office of Management and Budget (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: November 4, 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)(194)(i) (B)

and (C) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(194) * * *

(i) * * *

(B) Kern County Air Pollution Control District.

(1) Rule 410.4, adopted on July 12, 1993.

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

(1) Rule 4603, adopted on May 20, 1993.

* * * * *

[FR Doc. 94-29578 Filed 11-30-94; 8:45 am]

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