[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Rules and Regulations]
[Pages 8948-8949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3861]



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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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