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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-8-7057; FRL-5279-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Placer County Air Pollution Control

District, San Diego County Air Pollution Control District, San Joaquin

Valley Unified 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

December 2, 1993 and February 2, 1995. The revisions concern rules from

the following: Placer County Air Pollution Control District (PCAPCD),

San Diego County Air Pollution Control District (SDCAPCD), San Joaquin

Valley Unified Air Pollution Control District (SJVUAPCD), 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 sanctions clocks have been corrected and that any

sanctions or Federal Implementation Plan (FIP) obligations triggered by

those deficiencies have been permanently stopped. The rules control VOC

emissions from marine vessel coating; graphic arts operations; paper,

fabric and film coating; and storage of organic liquids. 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 October 10, 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 94105-3901.

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.

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

Auburn, CA 95603.

San Diego County Air Pollution Control District, 9150 Chesapeake

Drive, San Diego, CA 92123-1096.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno, CA 93721.

Ventura County Air Pollution Control District, 669 County Square

Drive, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Erik H. Beck, Rulemaking Section, Air

and Toxics Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415)

744-1190. Internet E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

On December 2, 1993 EPA proposed approval of VCAPCD Rule 74.3,

``Paper, Fabric, and Film Coating Operations,'' 58 FR 63545. On

February 2, 1995, 60 FR 6467, EPA proposed approval of the

[[Page 46536]]

following rules into the California SIP: Rule 4607, ``Graphic Arts,''

as adopted by SJVUAPCD on May 19, 1994; Rule 212, ``Storage of Organic

Liquids,'' as adopted by PCAPCD on November 3, 1994; and Rules 67.16

(``Graphic Arts Operations'') and 67.18 (``Marine Coating

Operations''), as adopted by SDCAPCD on September 20, 1994, and

December 13, 1994, respectively. These rules were submitted by the

California Air Resources Board to EPA on: June 19, 1992 (VCAPCD Rule

74.3); July 13, 1994 (SJVUAPCD Rule 4607); October 19, 1994 (SDCAPCD

Rule 67.16); December 19, 1994 (PCAPCD Rule 212); and December 22, 1994

(SDCAPCD Rule 67.18). 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's regulations and 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 58 FR 63545

and 60 FR 6467 and in technical support documents (TSDs) available at

EPA's Region IX office. These TSDs are dated: September 23, 1993

(VCAPCD 74.3), December 28, 1994 (PCAPCD Rule 212), and January 20,

1995 (SDCAPCD Rules 67.16 and 67.18, and SJVUAPCD Rule 4607).

Response to Public Comments

A 30-day public comment period was provided in 58 FR 63545 and 60

FR 6467. EPA did not receive comments on any of the rules.

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.

In 60 FR 6401, EPA published an Interim Final Rule that served to

temporarily defer the imposition of sanctions associated with SJVUAPCD

Rule 4607, PCAPCD Rule 212, and SDCAPCD Rules 67.16 and 67.18. As

discussed in the Interim Final Rule, two sanctions clocks were started

for each of these rules as a result of EPA's limited disapproval of a

previous version of the rules. This Final Rule serves to permanently

remove both sanctions clocks associated with the above rules. VCAPCD

Rule 74.3 does not have any sanctions associated with it.

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, 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: August 8, 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)(188)(i)(D)(3), (198)(i)(C)(3), (202)(i)(C)(2), (208)(i)(A)(2), and

(210)(i)(B) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(188) * * *

(i) * * *

(D) * * *

(3) Rule 74.3, adopted on December 10, 1991.

* * * * *

(198) * * *

(i) * * *

(C) * * *

(3) Rule 4607, adopted on May 19, 1994.

* * * * *

(202) * * *

(i) * * *

(C) * * *

(2) Rule 67.16, adopted on September 20, 1994.

* * * * *

(208) * * *

(i) * * *

(A) * * *

(2) Rule 212, adopted on November 3, 1994.

* * * * *

(210) * * *

(i) * * *

(B) San Diego County Air Pollution Control District.

(1) Rule 67.18, adopted on December 13, 1994.

* * * * *

[FR Doc. 95-22136 Filed 9-6-95; 8:45 am]

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