Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Mojave Desert Air Quality Management District and San Bernardino County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-5-6924; FRL-5190-8]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Mojave Desert Air Quality

Management District and San Bernardino 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

January 19, 1995. The revisions concern rules from the Mojave Desert

Air Quality Management District (MDAQMD) and the San Bernardino County

Air Pollution Control District (SBCAPCD). 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 the loading, transfer, and storage of

organic liquids, including gasoline. 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 June 2, 1995.

ADDRESSES: Copies of the rules 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 rules 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,

S.W., Washington, D.C. 20460.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

Mojave Desert Air Quality Management District (formerly San Bernardino

County APCD), 15428 Civic Drive, Suite 200, Victorville, CA 92392-2383.

FOR FURTHER INFORMATION CONTACT: Duane F. James, Rulemaking Section (A-

5-3), Air and Toxics Division, U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901,

Telephone: (415) 744-1191.

SUPPLEMENTARY INFORMATION:

Background

On January 19, 1995, in 60 FR 3794, EPA proposed to approve the

following rules into the California SIP: MDAQMD's Rule 461, ``Gasoline

Transfer and Dispensing,'' and Rule 462, ``Organic Liquid Loading,''

and SBCAPCD's Rule 463, ``Storage of Organic Liquids'' (the NPRM).

Rules 461 and 462 were adopted by MDAQMD on May 25, 1994, and Rule 463

was adopted by SBCAPCD on November 2, 1992. These rules were submitted

by the California Air Resources Board to EPA on January 11, 1993 (Rule

463) and July 13, 1994 (Rules 461 and 462). 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 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 the NPRM and

in technical support documents available at EPA's Region IX office,

dated July 14, 1994 (Rule 463) and August 26, 1994 (Rules 461 and 462).

Response to Public Comments

A 30-day public comment period was provided in the NPRM. EPA

received no comments on Rules 461, 462, and 463.

EPA Action

EPA is finalizing 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 [[Page 21703]] 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

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, 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: April 6, 1995.

Nora L. McGee,

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) (191)(i)(C)

and (198)(i)(E) to read as follows:

52.220 Identification of plan.

* * * * *

(c) * * *

(191) * * *

(i) * * *

(C) San Bernardino County Air Pollution Control District.

(1) Rule 463, adopted on November 2, 1992.

* * * * *

(198) * * *

(i) * * *

(E) Mojave Desert Air Quality Management District.

(1) Rules 461 and 462, adopted on May 25, 1994.

* * * * *

[FR Doc. 95-10816 Filed 5-2-95; 8:45 am]

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