Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Kern County Air Pollution Control District; Monterey Bay Unified Air Pollution Control District

Federal RegisterFeb 15, 1995

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 14-15-6851; FRL-5145-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Kern County Air Pollution Control

District; Monterey Bay Unified 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

October 20, 1994 and October 21, 1994. The revisions concern rules from

the Kern County Air Pollution Control District (KCAPCD) and the

Monterey Bay Unified Air Pollution Control District (MBUAPCD). 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 rules control VOC emissions from solvent metal cleaning

operations, gasoline transfer operations, storage of organic liquids,

and steam drive wells. Thus, EPA is finalizing the approval of

[[Page 8566]] 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 March 17, 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.

Kern County Air Pollution Control District, 2700 ``M'' Street, Suite

290, Bakersfield, CA 93301.

Monterey Bay Unified Air Pollution Control District, 24580 Silvercloud

Court, Monterey, CA 93940.

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section, Air and

Toxics Division, U.S. Environmental Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1200.

SUPPLEMENTARY INFORMATION:

Background

On October 20, 1994 in 59 FR 52947, EPA proposed to approve the

following rules into the California SIP: KCAPCD Rule 410.3, Organic

Solvent Degreasing Operations, and Rule 412, Gasoline Transfer into

Stationary Storage Containers, Delivery Vessels, and Bulk Plants. Both

Rule 410.3 and Rule 412 were adopted by the KCAPCD on May 6, 1991 and

were submitted by the California Air Resources Board (CARB) to EPA on

May 30, 1991. The following rules from the MBUAPCD were proposed for

approval on October 21, 1994 in 59 FR 53128: Rule 417, Storage of

Organic Liquids, Rule 418, Transfer of Gasoline into Stationary Storage

Containers, and Rule 427, Steam Drive Crude Oil Production Wells. These

rules were adopted by the MBUAPCD on August 25, 1993, and were

submitted by the CARB to EPA on November 18, 1993. A detailed

discussion of the background for each of the above rules and

nonattainment areas is provided in the Notices of Proposed Rulemaking

(NPRMs) 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 NPRMs 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 59 FR 52947

and 59 FR 53128, 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 59 FR 52947 and 59

FR 53128. EPA did not receive any comments in response to these NPRMs.

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 Office of Management and Budget 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: January 11, 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)

(185)(i)(A)(7) and (194)(i)(F) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(185) * * *

(i) * * *

(A) * * *

(7) Rule 410.3 and Rule 412, adopted on May 6, 1991.

* * * * *

(194) * * *

(i) * * *

(F) Monterey Bay Unified Air Pollution Control District

(1) Rule 417, Rule 418, and Rule 427, adopted on August 25, 1993.

* * * * *

[FR Doc. 95-3682 Filed 2-14-95; 8:45 am]

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