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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA21-6-6643; FRL-5117-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, 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

July 5, 1994. 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 oxides of

nitrogen (NOx) in accordance with the requirements of the Clean

Air Act, as amended in 1990 (CAA or the Act). The rules concern the

control of NOx emissions from electric utilities and stack

monitoring requirements for making compliance determinations. 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 13, 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 95812.

Ventura County Air Pollution Control District, Rule Development

Section, 702 County Square Drive, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Wendy Colombo, Rulemaking Section, 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

On July 5, 1994 in 59 FR 34399, EPA proposed to approve the

following rules into the California SIP: VCAPCD's Rule 59, Electrical

Power Generating Equipment--Oxides of Nitrogen Emissions, and Rule 103,

Stack Monitoring. Rule 59 and Rule 103 were adopted by VCAPCD on

September 15, 1992 and June 4, 1991, respectively. The California Air

Resources Board (CARB) submitted these revisions to EPA on November 18,

1993 and October 25, 1991. These rules were adopted as part of Ventura

County's efforts to achieve the National Ambient Air Quality Standards

(NAAQS) for ozone and in response to section 182(f) NOx RACT

requirements of the Clean Air Act (CAA). A detailed discussion of the

background for each of the above rules and nonattainment areas is

provided in the NPRM cited above.

EPA has evaluated both 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 the NPRM and

in the technical support document (TSD), dated June 1994, which is

available at EPA's Region IX office.

Response to Public Comments

A 30-day public comment period was provided in 59 FR 34399. 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. The intended effect of approving these

rules is to regulate emissions of NOx 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 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, Nitrogen

Dioxide, 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 28, 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)

(186)(i)(D)(2) and (194)(i)(A)(2) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(186) * * *

(i) * * *

(D) * * *

(2) Rule 103, adopted on June 4, 1991.

* * * * *

(194) * * *

(i) * * *

(A) * * *

(2) Rule 59, adopted on September 15, 1992.

* * * * *

[FR Doc. 94-30742 Filed 12-13-94; 8:45 am]

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