[Federal Register Volume 60, Number 163 (Wednesday, August 23, 1995)]
[Rules and Regulations]
[Pages 43713-43714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20800]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 79-2-7068; FRL-5267-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Placer County Air Pollution Control 
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 
November 28, 1994, and April 24, 1995. This final action will 
incorporate these rules into the federally approved SIP. The intended 
effect of approving these rules is to regulate emissions of oxides of 
nitrogen (NOX) in accordance with the requirements of the Clean 
Air Act, as amended in 1990 (CAA or the Act). The rules concern the 
control of NOX from stationary gas turbines, stationary internal 
combustion engines, and boilers, steam generators, and process heaters. 
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 final rule is effective on September 22, 1995.

ADDRESSES: Copies of the rules and EPA's evaluation report for the 
rules 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 
94105-3901.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street, 
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Placer County Air Pollution Control District, 11464 B Avenue, Auburn, 
CA 95603.
Ventura County Air Pollution Control District, Rule Development 
Section, 669 County Square Drive, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Duane F. James, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, 
Telephone: (415) 744-1191.

SUPPLEMENTARY INFORMATION:

Background

    On November 28, 1994, in 59 FR 60750, and on April 24, 1995, in 60 
FR 20066, EPA proposed to approve the following rules into the 
California SIP: Placer County Air Pollution Control District's (PCAPCD) 
Rule 250, ``Stationary Gas Turbines,'' and Ventura County Air Pollution 
Control District's (VCAPCD) Rule 74.9, ``Stationary Internal Combustion 
Engines,'' and Rule 74.15.1, ``Boilers, Steam Generators, and Process 
Heaters'' (the NPRMs). The PCAPCD adopted Rule 250 on October 17, 1994, 
and the VCAPCD adopted Rule 74.15.1 on May 11, 1993, and Rule 74.9 on 
December 21, 1993. These rules were submitted by the California Air 
Resources Board (ARB) to EPA on November 18, 1993 (Rule 74.15.1), March 
29, 1994 (Rule 74.9), and October 19, 1994 (Rule 250). These rules were 
adopted as part of Placer and Ventura Counties' efforts to achieve the 
National 

[[Page 43714]]
Ambient Air Quality Standards (NAAQS) for ozone and in response to 
Section 182(f) NOX RACT requirements of the Clean Air Act (CAA). A 
detailed discussion of the background for the rules and nonattainment 
areas is provided in the NPRMs cited above.
    EPA has evaluated the 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 rules' 
provisions and evaluations has been provided in the NPRMs and in the 
technical support documents (TSDs), dated March 3, 1994 (Rule 74.15.1), 
November 28, 1994 (Rule 250), and December 5, 1994 (Rule 74.9), which 
are available at EPA's Region IX office.
Response to Public Comments

    A 30-day public comment period was provided in the NPRMs. EPA 
received no comments on PCAPCD's Rule 250 and VCAPCD's Rules 74.9 and 
74.15.1.

EPA Action

    EPA is finalizing this 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 NOX 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 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.

Regulatory Process

    The OMB 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, Nitrogen 
dioxide, 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: July 21, 1995.
John Wise,
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 paragraphs 
(c)(194)(i)(A)(3), (c)(196)(i)(B), and (c)(202)(i)(E) to read as 
follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (194) * * *
    (i) * * *
    (A) * * *
    (3) Rule 74.15.1, adopted on May 11, 1993.
* * * * *
    (196) * * *
    (i) * * *
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.9, adopted on December 21, 1993.
* * * * *
    (202) * * *
    (i) * * *
    (E) Placer County Air Pollution Control District.
    (1) Rule 250, adopted on October 17, 1994.
* * * * *
[FR Doc. 95-20800 Filed 8-22-95; 8:45 am]
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