[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23158]


[[Page Unknown]]

[Federal Register: September 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 46-3-6506; FRL-5066-7]

 

 Approval and Promulgation of Implementation Plans California 
State Implementation Plan Revision Santa Barbara County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of a revision to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
January 12, 1994. The revision concerns a rule from the Santa Barbara 
County Air Pollution Control District (SBCAPCD). This approval action 
will incorporate this rule into the federally approved SIP. The 
intended effect of approving this rule 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 
rule controls VOC emissions from oil refinery leaks. Thus, EPA is 
finalizing the approval of this revision 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 October 20, 1994.

ADDRESSES: Copies of the rule revision and EPA's evaluation report for 
the rule are available for public inspection at EPA's Region IX office 
during normal business hours.
    Copies of the submitted rule revision 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.
    Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive B-23, Goleta, CA 93117.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section 
(A-5-3), 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 January 12, 1994 in 59 FR 1698, EPA proposed to approve the 
following rule into the California SIP: SBCAPCD's Rule 331, Fugitive 
Emissions Inspection and Maintenance. Rule 331 was adopted by SBCAPCD 
on December 10, 1991. This rule was submitted by the California Air 
Resources Board (CARB) to EPA on June 19, 1992. This rule was 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 of the above rule and 
nonattainment area is provided in the NPRM cited above.
    EPA has evaluated the above rule 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 
rule meets the applicable EPA requirements. A detailed discussion of 
the rule provisions and evaluations has been provided in 59 FR 1698 and 
in the technical support document (TSD) available at EPA's Region IX 
office (TSD dated June 7, 1993).

Response to Public Comments

    A 30-day public comment period was provided in 59 FR 1698. No 
formal comments were received.

EPA Action

    EPA is finalizing action to approve the above rule 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 this rule into the 
federally approved SIP. The intended effect of approving this rule 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

    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 222) from the 
requirements of Section 3 of Executive Order 12291 for 2 years. The EPA 
has submitted a request for a permanent waiver for Table 2 and Table 3 
SIP revisions. The OMB has agreed to continue the temporary waiver 
until such time as it rules on EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Under section 307(b) of the Act, petitions for judicial review of 
this action must be filed in the United States Court of Appeals for the 
appropriate circuit by November 21, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review not does 
it extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Air pollution control, Hydrocarbons, Incorporation by reference, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    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 29, 1994.
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 paragraph (c) (188)(i)(A)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (188) * * *
    (i) * * *
    (A) * * *
    (2) Rule 331, adopted on December 10, 1991.
* * * * *
[FR Doc. 94-23158 Filed 9-19-94; 8:45 am]
BILLING CODE 6560-50-F