[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Rules and Regulations]
[Pages 46535-46536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22136]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-8-7057; FRL-5279-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Placer County Air Pollution Control 
District, San Diego County Air Pollution Control District, San Joaquin 
Valley Unified 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 
December 2, 1993 and February 2, 1995. The revisions concern rules from 
the following: Placer County Air Pollution Control District (PCAPCD), 
San Diego County Air Pollution Control District (SDCAPCD), San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD), and 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). This final 
action serves as a final determination that the deficiencies in the 
rules that started sanctions clocks have been corrected and that any 
sanctions or Federal Implementation Plan (FIP) obligations triggered by 
those deficiencies have been permanently stopped. The rules control VOC 
emissions from marine vessel coating; graphic arts operations; paper, 
fabric and film coating; and storage of organic liquids. 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 action is effective on October 10, 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 94105-3901.
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, 2020 ``L'' Street, Sacramento, CA 95814.
Placer County Air Pollution Control District, 11464 B. Avenue, 
Auburn, CA 95603.
San Diego County Air Pollution Control District, 9150 Chesapeake 
Drive, San Diego, CA 92123-1096.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721.
Ventura County Air Pollution Control District, 669 County Square 
Drive, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Erik H. Beck, Rulemaking Section, Air 
and Toxics Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 
744-1190. Internet E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On December 2, 1993 EPA proposed approval of VCAPCD Rule 74.3, 
``Paper, Fabric, and Film Coating Operations,'' 58 FR 63545. On 
February 2, 1995, 60 FR 6467, EPA proposed approval of the 

[[Page 46536]]
following rules into the California SIP: Rule 4607, ``Graphic Arts,'' 
as adopted by SJVUAPCD on May 19, 1994; Rule 212, ``Storage of Organic 
Liquids,'' as adopted by PCAPCD on November 3, 1994; and Rules 67.16 
(``Graphic Arts Operations'') and 67.18 (``Marine Coating 
Operations''), as adopted by SDCAPCD on September 20, 1994, and 
December 13, 1994, respectively. These rules were submitted by the 
California Air Resources Board to EPA on: June 19, 1992 (VCAPCD Rule 
74.3); July 13, 1994 (SJVUAPCD Rule 4607); October 19, 1994 (SDCAPCD 
Rule 67.16); December 19, 1994 (PCAPCD Rule 212); and December 22, 1994 
(SDCAPCD Rule 67.18). 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 all of the above rules for consistency with the 
requirements of the CAA, and EPA's regulations and 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 63545 
and 60 FR 6467 and in technical support documents (TSDs) available at 
EPA's Region IX office. These TSDs are dated: September 23, 1993 
(VCAPCD 74.3), December 28, 1994 (PCAPCD Rule 212), and January 20, 
1995 (SDCAPCD Rules 67.16 and 67.18, and SJVUAPCD Rule 4607).

Response to Public Comments

    A 30-day public comment period was provided in 58 FR 63545 and 60 
FR 6467. EPA did not receive comments on any of the rules.

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.
    In 60 FR 6401, EPA published an Interim Final Rule that served to 
temporarily defer the imposition of sanctions associated with SJVUAPCD 
Rule 4607, PCAPCD Rule 212, and SDCAPCD Rules 67.16 and 67.18. As 
discussed in the Interim Final Rule, two sanctions clocks were started 
for each of these rules as a result of EPA's limited disapproval of a 
previous version of the rules. This Final Rule serves to permanently 
remove both sanctions clocks associated with the above rules. VCAPCD 
Rule 74.3 does not have any sanctions associated with it.
    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, 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: August 8, 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)(D)(3), (198)(i)(C)(3), (202)(i)(C)(2), (208)(i)(A)(2), and 
(210)(i)(B) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (188) * * *
    (i) * * *
    (D) * * *
    (3) Rule 74.3, adopted on December 10, 1991.
* * * * *
    (198) * * *
    (i) * * *
    (C) * * *
    (3) Rule 4607, adopted on May 19, 1994.
* * * * *
    (202) * * *
    (i) * * *
    (C) * * *
    (2) Rule 67.16, adopted on September 20, 1994.
* * * * *
    (208) * * *
    (i) * * *
    (A) * * *
    (2) Rule 212, adopted on November 3, 1994.
* * * * *
    (210) * * *
    (i) * * *
    (B) San Diego County Air Pollution Control District.
    (1) Rule 67.18, adopted on December 13, 1994.
* * * * *
[FR Doc. 95-22136 Filed 9-6-95; 8:45 am]
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