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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 79-2-7068; FRL-5267-6]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Placer County Air Pollution Control

District and 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

November 28, 1994, and April 24, 1995. This final 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 from stationary gas turbines, stationary internal

combustion engines, and boilers, steam generators, and process heaters.

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 September 22, 1995.

ADDRESSES: Copies of the rules and EPA's evaluation report for the

rules 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

94105-3901.

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.

Placer County Air Pollution Control District, 11464 B Avenue, Auburn,

CA 95603.

Ventura County Air Pollution Control District, Rule Development

Section, 669 County Square Drive, Ventura, CA 93003.

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 November 28, 1994, in 59 FR 60750, and on April 24, 1995, in 60

FR 20066, EPA proposed to approve the following rules into the

California SIP: Placer County Air Pollution Control District's (PCAPCD)

Rule 250, ``Stationary Gas Turbines,'' and Ventura County Air Pollution

Control District's (VCAPCD) Rule 74.9, ``Stationary Internal Combustion

Engines,'' and Rule 74.15.1, ``Boilers, Steam Generators, and Process

Heaters'' (the NPRMs). The PCAPCD adopted Rule 250 on October 17, 1994,

and the VCAPCD adopted Rule 74.15.1 on May 11, 1993, and Rule 74.9 on

December 21, 1993. These rules were submitted by the California Air

Resources Board (ARB) to EPA on November 18, 1993 (Rule 74.15.1), March

29, 1994 (Rule 74.9), and October 19, 1994 (Rule 250). These rules were

adopted as part of Placer and Ventura Counties' efforts to achieve the

National

[[Page 43714]]

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 the rules and nonattainment

areas is provided in the NPRMs cited above.

EPA has evaluated the 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 NPRMs cited above. EPA has found that the rules meet

the applicable EPA requirements. A detailed discussion of the rules'

provisions and evaluations has been provided in the NPRMs and in the

technical support documents (TSDs), dated March 3, 1994 (Rule 74.15.1),

November 28, 1994 (Rule 250), and December 5, 1994 (Rule 74.9), which

are available at EPA's Region IX office.

Response to Public Comments

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

received no comments on PCAPCD's Rule 250 and VCAPCD's Rules 74.9 and

74.15.1.

EPA Action

EPA is finalizing this action to approve the above rules for

inclusion into the California SIP. EPA is approving the submittals

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.

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 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.

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, 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: July 21, 1995.

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)(194)(i)(A)(3), (c)(196)(i)(B), and (c)(202)(i)(E) to read as

follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(194) * * *

(i) * * *

(A) * * *

(3) Rule 74.15.1, adopted on May 11, 1993.

* * * * *

(196) * * *

(i) * * *

(B) Ventura County Air Pollution Control District.

(1) Rule 74.9, adopted on December 21, 1993.

* * * * *

(202) * * *

(i) * * *

(E) Placer County Air Pollution Control District.

(1) Rule 250, adopted on October 17, 1994.

* * * * *

[FR Doc. 95-20800 Filed 8-22-95; 8:45 am]

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