[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Rules and Regulations]
[Pages 21702-21703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10816]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-5-6924; FRL-5190-8]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Mojave Desert Air Quality 
Management District and San Bernardino 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 
January 19, 1995. The revisions concern rules from the Mojave Desert 
Air Quality Management District (MDAQMD) and the San Bernardino County 
Air Pollution Control District (SBCAPCD). 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 loading, transfer, and storage of 
organic liquids, including gasoline. 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 June 2, 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, 
S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Mojave Desert Air Quality Management District (formerly San Bernardino 
County APCD), 15428 Civic Drive, Suite 200, Victorville, CA 92392-2383.

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 January 19, 1995, in 60 FR 3794, EPA proposed to approve the 
following rules into the California SIP: MDAQMD's Rule 461, ``Gasoline 
Transfer and Dispensing,'' and Rule 462, ``Organic Liquid Loading,'' 
and SBCAPCD's Rule 463, ``Storage of Organic Liquids'' (the NPRM). 
Rules 461 and 462 were adopted by MDAQMD on May 25, 1994, and Rule 463 
was adopted by SBCAPCD on November 2, 1992. These rules were submitted 
by the California Air Resources Board to EPA on January 11, 1993 (Rule 
463) and July 13, 1994 (Rules 461 and 462). 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 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 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 the NPRM and 
in technical support documents available at EPA's Region IX office, 
dated July 14, 1994 (Rule 463) and August 26, 1994 (Rules 461 and 462).

Response to Public Comments

    A 30-day public comment period was provided in the NPRM. EPA 
received no comments on Rules 461, 462, and 463.

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 [[Page 21703]] 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 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: April 6, 1995.
Nora L. McGee,
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) (191)(i)(C) 
and (198)(i)(E) to read as follows:


52.220  Identification of plan.

* * * * *
    (c) * * *
    (191) * * *
    (i) * * *
    (C) San Bernardino County Air Pollution Control District.
    (1) Rule 463, adopted on November 2, 1992.
* * * * *
    (198) * * *
    (i) * * *
    (E) Mojave Desert Air Quality Management District.
    (1) Rules 461 and 462, adopted on May 25, 1994.
* * * * *
[FR Doc. 95-10816 Filed 5-2-95; 8:45 am]
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