8948 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

Regulations of the Department of

Environmental Conservation, effective

April 23, 1994, Register 130; and the

amendments to 18 AAC 50 (50.021,

50.300(a)(7) and (a)(8), 50.300 (d), (e),

and (g), 50.400(a)(1)(A),

50.400(c)(3)(B)(ii), 50.400(c)(4),

50.400(d)(4), and 50.620), State Air

Quality Control Plan, found in Volume

III: Appendices, Modifications to

Section III.A, effective April 23, 1994,

Register 130.

§ 52.74 [Amended]

3. In § 52.74, paragraphs (a) and (c)

are removed and the paragraph

designation for paragraph (b) is

removed.

4. Sections 52.73, 52.80, 52.84, and

52.95 are removed and reserved.

[FR Doc. 95–3859 Filed 2–15–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA 40–1–6813 FRL–5145–7]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

and Ventura County Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of revisions to the California State

Implementation Plan (SIP) proposed in

the Federal Register on December 17,

1993. The revisions concern rules from

the following districts: The Bay Area Air

Quality Management District

(BAAQMD) and the 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). The rules control VOC

emissions from leaking valves and

connectors at petroleum refinery

complexes, chemical plants, bulk

plants, and bulk terminals (BAAQMD

Rule 8–18); and fugitive emissions from

petroleum refineries and chemical

plants (VCAPCD Rule 74.7). 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 final rule is

effective on March 20, 1995.

ADDRESSES: Copies of the submitted

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 SW.,

Washington, DC 20460.

Bay Area Air Quality Management District,

939 Ellis Street, San Francisco, CA 94109.

Ventura County Air Pollution Control

District, 669 County Square Drive, Second

floor, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT:

Christine Vineyard, Rulemaking

Section, 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 December 17, 1993 in 58 FR

65959, EPA proposed to approve the

following rules into the California SIP:

BAAQMD’s Rule 8–18, Valves and

Connectors at Petroleum Refinery

Complexes, Chemical Plants, Bulk

Plants, and Bulk Terminals; and

VCAPCD’s Rule 74.7, Fugitive

Emissions of Reactive Organic

Compounds at Petroleum Refineries and

Chemical Plants. The BAAQMD

adopted Rule 8–18 on March 4, 1992

and the VCAPCD adopted Rule 74.7 on

January 10, 1989. The California Air

Resources Board (CARB) submitted

these rules on November 12, 1992 and

March 26, 1990, 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

notice of proposed rulemaking (NPRM)

cited above.

EPA has evaluated 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 58 FR 65959 and in

technical support documents (TSDs)

available at EPA’s Region IX office

(TSDs dated May 13, 1993—BAAQMD

Rule 8–18 and June 21, 1993—VCAPCD

74.7).

Response to Public Comments

A 30-day public comment period was

provided in 58 FR 65959. No comments

were received.

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.

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 Office of Management and Budget

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: January 11, 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.
Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8949

1Among other things, the pre-amendment

guidance consists of those portions of the proposed

Post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

‘‘Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to

Appendix D of November 24, 1987 Federal Register

Notice’’ (Blue Book) (notice of availability was

published in the Federal Register on May 25, 1988);

and the existing control technique guidelines

(CTGs).

2The Bay Area retained its designation of

nonattainment and was classified by operation of

law pursuant to sections 107(d) and 181(a) upon the

date of enactment of the CAA. See 55 FR 56694

(November 6, 1991).

3EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c) (179)(i)(D) and

(190)(i)(B) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(179) * * *

(i) * * *

(D) Ventura County Air Pollution

Control District.

(1) Rule 74.7, adopted on January 10,

1989.

* * * * *

(190) * * *

(i) * * *

(B) Bay Area Air Quality Management

District.

(1) Rule 8–18, adopted on March 4,

1992.

* * * * *

[FR Doc. 95–3861 Filed 2–15–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[CA 102–6–6837a; FRL–5145–5]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on a revision to the California

State Implementation Plan. The revision

concerns a rule from the Bay Area Air

Quality Management District

(BAAQMD). 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 valves and flanges at

chemical plants. 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.

DATES: This final rule is effective on

April 17, 1995, unless adverse or critical

comments are received by March 20,

1995. If the effective date is delayed, a

timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the rule 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 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 92123–1095.

Bay Area Air Quality Management

District, 939 Ellis Street, San

Francisco, CA 94109.

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:

Applicability

The rule being approved into the

California SIP is BAAQMD’s Rule 8–22,

‘‘Valves and Flanges at Chemical

Plants.’’ This rule was submitted by the

California Air Resources Board (ARB) to

EPA on September 28, 1994.

Background

On March 3, 1978, EPA promulgated

a list of ozone nonattainment areas

under the provisions of the Clean Air

Act, as amended in 1977 (1977 Act or

pre-amended Act), that included the

San Francisco-Bay Area (Bay Area). 43

FR 8964, 40 CFR 81.305. Because this

area was unable to meet the statutory

attainment date of December 31, 1982,

California requested under section 172

(a)(2), and EPA approved, an extension

of the attainment date to December 31,

1987. 40 CFR 52.222. On May 26, 1988,

EPA notified the Governor of California,

pursuant to section 110(a)(2)(H) of the

1977 Act, that the above district’s

portion of the California SIP was

inadequate to attain and maintain the

ozone standard and requested that

deficiencies in the existing SIP be

corrected (EPA’s SIP-Call). On

November 15, 1990, the Clean Air Act

Amendments of 1990 were enacted.

Public Law 101–549, 104 Stat. 2399,

codified at 42 U.S.C. 7401–7671q. In

amended section 182(a)(2)(A) of the

CAA, Congress statutorily adopted the

requirement that nonattainment areas

fix their deficient reasonably available

control technology (RACT) rules for

ozone and established a deadline of May

15, 1991, for states to submit corrections

of those deficiencies.

Section 182(a)(2)(A) applies to areas

designated as nonattainment prior to

enactment of the amendments and

classified as marginal or above as of the

date of enactment. It requires such areas

to adopt and correct RACT rules

pursuant to pre-amended section 172(b)

as interpreted in pre-amendment

guidance.1 EPA’s SIP-Call used that

guidance to indicate the necessary

corrections for specific nonattainment

areas. The Bay Area is classified as

moderate;2 therefore, this area was

subject to the RACT fix-up requirement

and the May 15, 1991 deadline.

The State of California submitted

many revised RACT rules for

incorporation into its SIP on September

28, 1994, including the rule being acted

on in this notice. This notice addresses

EPA’s direct-final action for BAAQMD’s

Rule 8–22, ‘‘Valves and Flanges at

Chemical Plants.’’ The BAAQMD

adopted Rule 8–22 on June 1, 1994. This

submitted rule was found to be

complete on November 22, 1994,

pursuant to EPA’s completeness criteria

that are set forth in 40 CFR part 51

Appendix V3 and is being finalized for

approval into the SIP.

Rule 8–22 prohibits volatile organic

compound (VOC) emissions in excess of

10,000 parts per million (ppm) from

valves and flanges at chemical plants.

VOCs contribute to the production of

ground level ozone and smog. This rule

was originally adopted as part of

BAAQMD’s effort to achieve the

National Ambient Air Quality Standard

(NAAQS) for ozone and in response to

EPA’s SIP-Call and the section

182(a)(2)(A) CAA requirement. The

following is EPA’s evaluation and final

action for this rule.