Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Butte County Air Pollution Control District, Mojave Desert Air Quality Management District, Monterey Bay Unified Air Pollution Control District, Santa Barbara County Air Pollution Control District, and Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 37-3-7203; FRL-5329-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Butte County Air Pollution Control

District, Mojave Desert Air Quality Management District, Monterey Bay

Unified Air Pollution Control District, Santa Barbara County Air

Pollution Control District, and Yolo-Solano Air Quality Management

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

July 27, 1995. The revisions concern rules from Butte County Air

Pollution Control District (BCAPCD), Mojave Desert Air Quality

Management District (MDAQMD), Monterey Bay Unified Air Pollution

Control District (MBUAPCD), Santa Barbara County Air Pollution Control

District, and Yolo-Solano Air Quality Management District (YSAQMD).

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 revised rules control VOC emissions from the manufacture

and application of cutback and emulsified asphalt materials. 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 action is effective on March 6, 1996.

ADDRESSES: Copies of the rule revisions 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 rule revisions

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

Butte County Air Pollution Control District, 9287 Midway, Suite 1A,

Durham, CA 95938

Mojave Desert Air Quality Management District, 15428 Civic Drive,

Victorville, CA 92392

Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud

Court, Monterey, CA 93940

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive B-23, Goleta, CA 93117.

Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite

103, Davis, CA 95616.

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 July 27, 1995 in 60 FR 38535, EPA proposed to approve the

following rules into the California SIP: BCAPCD Rule 241, Cutback and

Emulsified Asphalt; MDAQMD Rule 1103, Cutback and Emulsified Asphalt;

MBUAPCD Rule 425, Use of Cutback Asphalt; SBCAPCD Rule 329, Cutback and

Emulsified Asphalt Paving Materials; and YSAQMD Rule 2.28, Cutback and

Emulsified Asphalts. The BCAPCD adopted Rule 241 on January 12, 1993;

the MDAQMD adopted Rule 1103 on December 21, 1994; the MBUAPCD adopted

Rule 425 on August 25, 1993; the SBCAPD adopted rule 329 on February

25, 1992; and the YSAQMD adopted Rule 2.28 on May 25, 1994. These rules

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

May 13, 1993; December 22, 1994; November 18, 1993; June 19, 1992; and

November 30, 1994 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 NPRM cited above.

EPA has evaluated the above rules 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

rules meet the applicable EPA requirements. A detailed discussion of

the rule provisions and evaluations has been provided in 60 FR 38535

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 60 FR 38535. EPA

received no comments regarding the NPRM.

EPA Action

EPA is finalizing 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 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

[[Page 4216]]

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.

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: October 31, 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)(A)(4), (193)(i)(C)(1), (194)(i)(F)(2), (207)(i)(C)(2),

(210)(i)(C)(1) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(188) * * *

(i) * * *

(A) * * *

(4) Rule 329, adopted on February 25, 1992.

* * * * *

(193) * * *

(i) * * *

(C) Butte County Air Pollution Control District.

(1) Rule 241, adopted on January 12, 1993.

* * * * *

(194) * * *

(i) * * *

(F) * * *

(2) Rule 425, adopted on August 25, 1993.

* * * * *

(207) * * *

(i) * * *

(C) * * *

(2) Rule 2.28, adopted on May 25, 1994.

* * * * *

(210) * * *

(i) * * *

(C) Mojave Desert Air Quality Management District.

(1) Rule 1103, adopted on December 21, 1994.

* * * * *

[FR Doc. 96-2141 Filed 2-2-96; 8:45 am]

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