# Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, San Diego County Air Pollution Control District, South Coast Air Quality Management District, and Ventura County Air Pollution Control District > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A95-19504 ## Record - **Collection:** Federal Register - **Document type:** Rule - **Published:** August 8, 1995 - **Citation:** 60 FR 40284 ## Text [[Page 40285]] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [CA 144-4-7041; FRL-5264-5] Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, San Diego County Air Pollution Control District, South Coast Air Quality Management District, and Ventura County Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: EPA is finalizing the approval of revisions to the California State Implementation Plan (SIP) proposed in the Federal Register on March 28, 1995 and April 19, 1995. The revisions concern rules from the following districts: San Diego County Air Pollution Control District (SDCAPCD); South Coast Air Quality Management District (SCAQMD); and 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). This final action serves as a final determination that the deficiencies in the rules that started sanction clocks have been corrected and that any sanctions or Federal Implementation Plan (FIP) obligations triggered by those deficiencies are permanently stopped. The rules control VOC emissions from fixed and floating roof tanks at bulk plants and terminals; bakery ovens; and the coating of metal parts and products. Thus, EPA is finalizing the approval of these rules 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 7, 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. San Diego County Air Pollution Control District, 9150 Chesapeake Drive, San Diego, CA 92123. South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765-4182. Ventura County Air Pollution Control District, 669 County Square Drive, Second Floor, Ventura, CA 93003. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section, 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 March 28, 1995 in 60 FR 15891, EPA proposed to approve SDCAPCD's Rule 61.1, Receiving and Storing Volatile Organic Compounds at Bulk Plants and Bulk Terminals into the California SIP. On April 19, 1995 in 60 FR 19554, EPA proposed to approve the following rules into the California SIP: SCAQMD's Rule 1153, Commercial Bakery Ovens; and VCAPCD's Rule 74.12, Surface Coating of Metal Parts and Products. Rule 61.1 was adopted by SDCAPCD on January 10, 1995; Rule 1153 was adopted by SCAQMD on January 13, 1995; and Rule 74.12 was adopted by VCAPCD on January 10, 1995. These rules were submitted by the California Air Resources Board (CARB) to EPA on January 24, 1995 (SDCAPCD 61.1) and February 24, 1995 (SCAQMD 1153 and VCAPCD 74.12). These rules were submitted in response to EPA's 1988 SIP-Call and the CAA section 182(a)(2)(A), which required that nonattainment areas fix their deficient reasonably available control technology (RACT) rules for ozone in accordance with EPA guidance that interpreted the requirements of the pre-amended Act. A detailed discussion of the background for each of the above rules and nonattainment areas is provided in the NPRMs cited above. EPA has evaluated all of the above rules for consistency with the requirements of the CAA and with EPA's regulations and interpretations of these requirements as expressed in the various EPA policy guidance documents referenced in the NPRMs cited above. EPA has found that the rules meet the applicable requirements. A detailed discussion of the rule provisions and evaluations has been provided in 60 FR 15875 and 60 FR 19554 and in technical support documents (TSDs) available at EPA's Region IX office (TSDs dated March 7, 1995--Rule 61.1; and March 27, 1995--Rules 1153 and 74.12). Response to Public Comments A 30-day public comment period was provided in 60 FR 15891 and 60 FR 19554. No comments were received. 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 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. Unfunded Mandates Under Sections 202, 203, and 205 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must undertake various actions in association with proposed or final rules that include a Federal mandate that may result in estimated costs of $100 million or more to the private sector or to State, local, or tribal governments in the aggregate. Through submission of this state implementation plan or plan revision, the state and any affected local or tribal governments have elected to adopt the program provided for under Part D of the Clean Air Act. These rules may bind State, local, and tribal governments to perform certain actions and also require the private sector to perform certain duties. The rules being approved by this action will impose no new requirements because affected sources are already subject to these regulations under State law. Therefore, no additional costs to [[Page 40286]] State, local, or tribal governments or to the private sector result from this action. EPA has also determined that this final action does not include a mandate that may result in estimated costs of $100 million or more to State, local, or tribal governments in the aggregate or to the private sector. 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: July 14, 1995. 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) (214)(i)(B) and (215)(i)(A)(2) and (215)(i)(B) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (214) * * * (i) * * * (B) San Diego County Air Pollution Control District. (1) Rule 61.1 adopted on January 10, 1995. * * * * * (215) * * * (i) * * * (A) * * * (2) Rule 1153 adopted on January 13, 1995. (B) Ventura County Air Pollution Control District. (1) Rule 74.12 adopted on January 10, 1995. * * * * * [FR Doc. 95-19504 Filed 8-7-95; 8:45 am] BILLING CODE 6560-50-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-19504. Public record. Not legal advice.