[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Rules and Regulations]
[Pages 20431-20432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10250]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-102-4-6905; FRL-5184-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Bay Area 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 
February 2, 1995 and February 10, 1995. The revisions concern rules 
from the Bay Area Air Quality Management District (BAAQMD). 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 light and medium 
duty motor vehicle assembly plants, from the surface coating of large 
appliances and metal furniture, from the coating of wood products, from 
the surface coating of marine vessels, components, and structures 
intended for exposure to a marine environment, and from air stripping 
and soil vapor extraction operations. 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 May 26, 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, 
SW., Washington, DC 20460.
California Air Resources Board, 2020 ``L'' Street, Sacramento, CA 
95814.
Bay Area Quality Management District, 939 Ellis Street, San Francisco, 
CA 94109.

FOR FURTHER INFORMATION CONTACT:Nikole Reaksecker, Rulemaking Section, 
Air and Toxics Division, U.S. Environmental Protection Agency, Region 
IX, 75 Hawthorne Street, San Francisco, CA 94105. Telephone: (415) 744-
1187.

SUPPLEMENTARY INFORMATION:

Background

    On February 2, 1995 in 60 FR 6467, EPA proposed to approve BAAQMD's 
Regulation 8, Rule 43 (Rule 8-43), Surface Coating of Marine Vessels, 
into the California SIP. On February 10, 1995 in 60 FR 7931, EPA 
proposed to approve the following rules into the California SIP: 
BAAQMD's Regulation 8, Rule 13 (Rule 8-13), Light and Medium Duty Motor 
Vehicle Assembly Plants; Regulation 8, Rule 14 (Rule 8-14), Surface 
Coating of Large Appliances and Metal Furniture; Regulation 8, Rule 23 
(Rule 8-23), Coating of Flat Wood Paneling and Wood Flat Stock; and 
Regulation 8, Rule 47 (Rule 8-47), Air Stripping and Soil Vapor 
Extraction Operations. Rules 8-14 and 8-43 were adopted by BAAQMD on 
June 1, 1994, and Rules 8-13, 8-23, and 8-47 were adopted by BAAQMD on 
June 15, 1994. These rules were submitted by the CARB to EPA on 
September 28, 1994 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 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 60 FR 6467 and 
60 FR 7931 and in technical support documents [[Page 20432]] (TSDs) 
available at EPA's Region IX office.

Response to Public Comments

    The 30-day public comment periods were provided in 60 FR 6467 and 
60 FR 7931. 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 
1109(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 OMB has exempt 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: March 29, 1995.
David P. Howekamp,
Acting 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)(199)(i)(A)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (199) * * *
    (i) * * *
    (A) * * *
    (2) Regulation 8, Rules 14 and 43 adopted on June 1, 1994, and 
regulation 8, Rules 13, 23, 47 adopted on June 15, 1994.
* * * * *
[FR Doc. 95-10250 Filed 4-25-95; 8:45 am]
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