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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 33-2-7095; FRL-5297-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, San Diego County Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of a revision to the California

State Implementation Plan (SIP) proposed in the Federal Register on

June 9, 1992. The revision concerns a rule from the San Diego County

Air Pollution Control District (SDCAPCD). This approval action will

incorporate this rule into the federally approved SIP. The intended

effect of approving this rule 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 rule

controls VOC emissions from solvents used in the manufacturing of

pharmaceuticals and cosmetics. Thus, EPA is finalizing the approval of

this revision 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 26, 1995.

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

are available for public inspection at EPA's Region IX office during

normal business hours. Copies of the submitted rule 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, 1219 ``K'' Street, Sacramento, CA 95814

San Diego County Air Pollution Control District, 9150 Chesapeake Drive,

San Diego, CA 92123-1095

FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking

Section, Air and Toxics Division, U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:

(415) 744-1188.

SUPPLEMENTARY INFORMATION:

Background

On June 9, 1992 in 57 FR 24447, EPA proposed to approve the

following SDCAPCD rule into the California SIP: Rule 67.15,

Pharmaceutical and Cosmetic Manufacturing. Rule 67.15 was adopted by

SDCAPCD on December 18, 1990. The rule was submitted by the California

Air Resources Board (CARB) to EPA on April 5, 1991 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 the above rule and nonattainment area is provided in the

NPRM cited above.

EPA has evaluated the above rule for consistency with the

requirements of the CAA, 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

rule meets the applicable EPA requirements. A detailed discussion of

the rule provisions and evaluations has been provided in 57 FR 24447

and in technical support documents (TSDs) available at EPA's Region IX

office.

Response to Public Comments

A 30-day public comment period was provided in 57 FR 24447. EPA

received no comments regarding the NPRM.

EPA Action

EPA is finalizing action to approve the above rule 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 this rule into the

federally approved SIP. The intended effect of approving this rule 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.

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

[[Page 49512]]

governments in the aggregate or to the private sector.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

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: September 5, 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 paragraph (c)(183)(i)(A)(13)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(183) * * *

(i) * * *

(A) * * *

(13) Rule 67.15, adopted on December 18, 1990.

* * * * *

[FR Doc. 95-23822 Filed 9-25-95; 8:45 am]

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