[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4215-4216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2141]



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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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