[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26020]
[[Page Unknown]]
[Federal Register: October 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 14-15-6257; FRL-5094-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Kern County Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA is proposing to approve revisions to the California State
Implementation Plan (SIP) which concern the control of volatile organic
compound (VOC) emissions from solvent metal cleaning operations and
gasoline transfer operations. The intended effect of proposing approval
of these rules is to regulate emissions of VOCs in accordance with the
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).
EPA's final action on this notice of proposed rulemaking (NPRM) will
incorporate these rules into the federally approved SIP. EPA has
evaluated each of these rules and is proposing to approve them 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: Comments must be received on or before November 21, 1994.
ADDRESSES: Comments may be mailed to: Daniel A. Meer, Rulemaking
Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
Copies of the rule revisions and EPA's evaluation report of each
rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rule revisions
are also available for inspection at the following locations:
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 L Street, Sacramento, CA 95814.
Kern County Air Pollution Control District, 2700 ``M'' Street,
suite 290, Bakersfield, CA 93301.
FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-
1200.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being proposed for approval into the California SIP
include: Kern County Air Pollution Control District (KCAPCD) Rule
410.3, Organic Solvent Degreasing Operations; and Rule 412, Gasoline
Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk
Plants. These rules were submitted by the California Air Resources
Board (CARB) to EPA on May 30, 1991.
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 CAA or pre-amended act), that included the San Joaquin Valley Air
Basin and the Southeast Desert Air Basin.1 43 FR 8964, 40 CFR
81.305. Because some portions of these areas were 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. However, this extension was not
requested for Kern County, and therefore, Kern County's attainment date
remained December 31, 1982. On May 26, 1988, EPA notified the Governor
of California, pursuant to section 110(a)(2)(H) of the pre-amended Act,
that KCAPCD'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.
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\1\At that time, Kern County included portions of two air
basins: the San Joaquin Valley Air Basin and the Southeast Desert
Air Basin. The San Joaquin Valley Air Basin portion of Kern County
was designated as nonattainment, and the Southeast Desert Air Basin
portion of Kern County was designated as unclassified. See 40 CFR
81.305 (1991).
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On March 20, 1991, the San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) was formed. The SJVUAPCD has authority over
the San Joaquin Valley Air Basin portion of Kern County. Thus, the
KCAPCD still exists, but only has authority over the Southeast Desert
Air Basin portion of Kern County.
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.2 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. All of Kern County is classified as serious.3
However, the Southeast Desert Air Basin portion of Kern County was not
a pre-enactment nonattainment area and, therefore, was not designated
and classified upon enactment of the amended Act. For this reason,
KCAPCD was not subject to the RACT fixup requirement and the May 15,
1991 deadline. However, KCAPCD is still subject to the requirements of
EPA's SIP-Call because the SIP-Call included all of Kern County. The
substantive requirements of the SIP-Call are the same as those of the
statutory RACT fixup requirement.
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\2\Among 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).
\3\The San Joaquin Valley Air Basin portion of Kern County
retained its nonattainment designation and was classified by
operation of law pursuant to section 107(d) and section 181(a) upon
the date of enactment of the Clean Air Act Amendments of 1990. The
Southeast Desert Air Basin portion of Kern County was designated
nonattainment on November 6, 1991. See 56 FR 56694 (November 6,
1991).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on May 30, 1991, including the rules being
acted on in this document. This document addresses EPA's proposed
action for Rule 410.3, Organic Solvent Degreasing Operations, and Rule
412, Gasoline Transfer into Stationary Storage Containers, Delivery
Vessels, and Bulk Plants. These submitted rules were adopted by the
KCAPCD on May 6, 1991 and found to be complete on July 10, 1991
pursuant to EPA's completeness criteria that are set forth in 40 CFR
part 51, appendix V4 and are being proposed for approval into the
SIP.
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\4\EPA adopted 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 (See 56 FR 42216).
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Rule 410.3 controls emissions of volatile organic compounds (VOCs)
from solvent metal cleaning operations, and Rule 412 controls VOCs
emitted during the transfer of gasoline into storage tanks and delivery
vessels. VOCs contribute to the production of ground level ozone and
smog. The rules were adopted as part of each district's efforts 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 proposed action for
these rules.
EPA Evaluation and Proposed Action
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and part D of the CAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 2. Among those provisions
is the requirement that a VOC rule must, at a minimum, provide for the
implementation of RACT for stationary sources of VOC emissions. This
requirement was carried forth from the pre-amended Act.
For the purpose of assisting state and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTG
applicable to Rule 410.3 is entitled, ``Control of Volatile Organic
Emissions from Solvent Metal Cleaning,'' EPA-450/2-77-022. The CTG
documents applicable to Rule 412 are entitled, ``Control of Volatile
Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection
Systems,'' EPA-450/2-78-051, and ``Control of Volatile Organic
Emissions from Bulk Gasoline Plants,'' EPA-450/2-77-035. Further
interpretations of EPA policy are found in the Blue Book, referred to
in footnote 2. In general, these guidance documents have been set forth
to ensure that VOC rules are fully enforceable and strengthen or
maintain the SIP.
KCAPCD Rule 410.3 includes the following significant changes from
the current SIP rule:
1. Adds an applicability statement, definitions, recordkeeping
requirements and test methods.
2. Adds certain operating requirements and equipment requirements.
3. Deletes Executive Officer discretion in determining equivalent
control systems.
KCAPCD Rule 412 contains the following changes from the current SIP
rule:
1. Adds definitions, certain operating provisions, recordkeeping
and test methods.
2. Deletes certain exemptions and Executive Officer discretion in
determining equivalency of storage tank emission controls.
EPA has evaluated these submitted rules and has determined that
they are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, KCAPCD Rule 410.3 and Rule 412 are being proposed for
approval under section 110(k)(3) of the CAA as meeting the requirements
of section 110(a) and part D.
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
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over populations of less than
50,000.
SIP approvals under sections 110 and 301 and part D of the CAA do
not create any new requirements, but simply approve requirements that
the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, it does not have a
significant impact on any small entities affected. Moreover, due to the
nature of the Federal-state relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).
The Office of Management and Budget (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,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 11, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-26020 Filed 10-19-94; 8:45 am]
BILLING CODE 6560-50-F
