Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Bay Area Air Quality Management District and Ventura County Air Pollution Control District

Federal RegisterFeb 16, 1995

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 40-1-6813 FRL-5145-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Bay Area Air Quality Management

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 17, 1993. The revisions concern rules from the following

districts: The Bay Area Air Quality Management District (BAAQMD) and

the 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). The rules control VOC emissions from leaking valves and

connectors at petroleum refinery complexes, chemical plants, bulk

plants, and bulk terminals (BAAQMD Rule 8-18); and fugitive emissions

from petroleum refineries and chemical plants (VCAPCD Rule 74.7). 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 final rule is effective on March 20, 1995.

ADDRESSES: Copies of the submitted 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

SW., Washington, DC 20460.

Bay Area Air Quality Management District, 939 Ellis Street, San

Francisco, CA 94109.

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 December 17, 1993 in 58 FR 65959, EPA proposed to approve the

following rules into the California SIP:

BAAQMD's Rule 8-18, Valves and Connectors at Petroleum Refinery

Complexes, Chemical Plants, Bulk Plants, and Bulk Terminals; and

VCAPCD's Rule 74.7, Fugitive Emissions of Reactive Organic Compounds at

Petroleum Refineries and Chemical Plants. The BAAQMD adopted Rule 8-18

on March 4, 1992 and the VCAPCD adopted Rule 74.7 on January 10, 1989.

The California Air Resources Board (CARB) submitted these rules on

November 12, 1992 and March 26, 1990, respectively. 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 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 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 65959

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

office (TSDs dated May 13, 1993--BAAQMD Rule 8-18 and June 21, 1993--

VCAPCD 74.7).

Response to Public Comments

A 30-day public comment period was provided in 58 FR 65959. 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 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. [[Page 8949]]

Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c) (179)(i)(D)

and (190)(i)(B) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(179) * * *

(i) * * *

(D) Ventura County Air Pollution Control District.

(1) Rule 74.7, adopted on January 10, 1989.

* * * * *

(190) * * *

(i) * * *

(B) Bay Area Air Quality Management District.

(1) Rule 8-18, adopted on March 4, 1992.

* * * * *

[FR Doc. 95-3861 Filed 2-15-95; 8:45 am]

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