[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Rules and Regulations]
[Pages 52297-52299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25467]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 043-0017a; FRL-5617-4]
Approval and Promulgation of State Implementation Plans;
California State Implementation Plan Revision; Kern County Air
Pollution Control District; Santa Barbara County Air Pollution Control
District; South Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan (SIP). The revisions concern rules
from the Kern County Air Pollution Control District (KCAPCD), the Santa
Barbara County Air Pollution Control District (SBCAPCD), and the South
Coast Air Quality Management District (SCAQMD). 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 organic solvent degreasing operations,
petroleum storage tank degassing, and gasoline transfer and dispensing
operations. 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.
DATES: This action is effective on December 6, 1996 unless adverse or
critical comments are received by November 6, 1996. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
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 also
available for inspection at the following locations:
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 95812.
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite
290, Bakersfield, CA 93301.
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive, B-23, Goleta, CA 93117.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
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 approved into the California SIP include: KCAPCD
Rule 412.1, Transfer of Gasoline into Vehicle Fuel Tanks; KCAPCD Rule
410.3, Organic Solvent Degreasing Operations; KCAPCD Rule 102,
Definitions; SBCAPCD Rule 343, Petroleum Storage Tank Degassing; and
SCAQMD Rule 461, Gasoline Transfer and Dispensing.
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 Joaquin Valley Air
Basin,1 the South Central Coast Air Basin and the Los Angeles-
South Coast Air Basin Area. 43 FR 8964, 40 CFR 81.305. These areas did
not attain the ozone standard by their approved attainment dates.2
On May 26, 1988, EPA notified the Governor of California, pursuant to
section 110(a)(2) of the 1977 Act, that the KCAPCD, SBCAPCD and SCAQMD
portions of the California SIP were 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. Pub. L. 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 the time, Kern County was included in the San Joaquin
Valley Air Basin and the Southeast Desert Air Basin. The San Joaquin
Valley Air Basin was designated as nonattainment and the Southeast
Desert Air Basin was designated as unclassified.
\2\ The South Central Coast Air Basin and the Los Angeles-
South Coast Air Basin Area received extensions of their attainment
dates to December 31, 1987. Kern County's attainment date remained
December 31, 1982.
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On May 20, 1991, the San Joaquin Valley Unified Air Pollution
Control District was formed. This district has authority over the San
Joaquin Valley Air Basin Portion of Kern County. Thus, as of March 20,
1991, the KCAPCD has authority over only 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 CAA 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 EPA's pre-amendment guidance.3 EPA's SIP-Call used
that guidance to indicate the necessary corrections for specific
nonattainment areas. The South Central Coast Air Basin is classified as
moderate and the Los Angeles-South Coast Air Basin Area is classified
as extreme; therefore, these areas were subject to the RACT fix-up
requirement and the May 15, 1991 deadline. All of Kern County is
classified as serious. However, the Southeast Desert Air Basin portion
of Kern County was not a pre-amendment nonattainment area and,
therefore, was not designated and classified upon enactment of the
amended Act.4 For this reason, KCAPCD is not subject to the
section 182(a)(2)(A) RACT fix-up requirement. The KCAPCD is, however,
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 fix-up
requirement.
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\3\ 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).
\4\ The South Central Coast Air Basin, the Los Angeles-South
Coast Air Basin Area, and the San Joaquin Valley Air Basin portion
of KCAPCD retained their nonattainment designations and were
classified by operation of law pursuant to section 107(d) and 181(a)
upon the date of enactment of the CAA. The Southeast Desert Air
Basin portion of the KCAPCD was designated nonattainment on November
6, 1991. See 56 FR 56694 (November 6, 1991).
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This document addresses EPA's direct final action for KCAPCD Rule
412.1, Transfer of Gasoline into Vehicle Fuel Tanks; KCAPCD Rule 410.3,
Organic Solvent Degreasing Operations; KCAPCD Rule 102, Definitions;
SBCAPCD Rule 343, Petroleum Storage
[[Page 52298]]
Tank Degassing; and SCAQMD Rule 461, Gasoline Transfer and Dispensing.
The State of California submitted these rules for inclusion into its
SIP, and EPA found them to be complete pursuant to EPA's completeness
criteria that are set forth in 40 CFR part 51 Appendix V.5 The
following table contains the dates of adoption, submittal, and
completeness for each rule.
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\5\ EPA 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).
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Rule No. Adopted Submitted Complete
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KCAPCD 412.1............................. 11/9/92 1/11/93 3/26/93
KCAPCD 410.3............................. 3/7/96 5/10/96 7/19/96
KCAPCD 102............................... 3/7/96 5/10/96 7/19/96
SBCAPCD 343.............................. 12/14/93 3/29/94 6/3/94
SCAQMD 461............................... 9/8/95 1/31/96 4/2/96
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KCAPCD Rule 412.1 and SCAQMD Rule 461 control VOC emissions during
gasoline transfer and dispensing operations. KCAPCD Rule 410.3
regulates organic solvent degreasing operations, and KCAPCD Rule 102
contains general definitions used in other district rules. SBCAPCD Rule
343 controls VOC emissions from the degassing of petroleum storage
tanks. VOCs contribute to the production of ground level ozone and
smog. These rules were originally adopted as part of district efforts
to achieve the National Ambient Air Quality Standard for ozone and in
response to EPA's SIP-Call. The following is EPA's evaluation and
direct final action for these rules.
EPA Evaluation
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 3. 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 KCAPCD Rule 410.3 is ``Control of Volatile Organic
Emissions from Solvent Metal Cleaning,'' EPA-450/2-77-022, and the CTG
applicable to SCAQMD Rule 461 is ``Control of Volatile Organic Compound
Leaks from Gasoline Tank Trucks and Vapor Collection Systems,'' EPA
450/2-78-051. For some source categories, such as storage tank
degassing and phase II vapor recovery, EPA did not publish a CTG.
Therefore, there is no CTG applicable to KCAPCD Rule 412.1 or SBCAPCD
Rule 343. In such cases, the District makes a determination of what
controls are required to satisfy the RACT requirement, by reviewing the
operations of facilities within the affected source category. In that
review, the technological and economic feasibility of the proposed
controls are considered. Additionally, for both CTG and non-CTG rules,
the District may rely on EPA policy documents, such as the Blue Book or
model rules, to ensure that the adopted VOC rules are fully enforceable
and strengthen or maintain the SIP. KCAPCD Rule 412.1 was evaluated
against EPA's draft model stage II rule, dated August 17, 1992. KCAPCD
Rule 102 contains only definitions and is not considered a prohibitory
rule, and therefore it was not evaluated for RACT requirements.
KCAPCD Rule 412.1 is an amended rule which regulates the dispensing
of gasoline into motor vehicle fuel tanks.
This rule contains the following significant changes from the
current SIP:
Adds definitions, recordkeeping and testing requirements.
Adds requirements related to equipment operation and
maintenance.
KCAPCD Rule 410.3 is an amended rule controlling solvent degreasing
operations. The only change to this rule involved revising the
``volatile organic compound'' definition to reference KCAPCD Rule 102.
KCAPCD Rule 102 contains definitions for terms used and referenced
in other district rules. The definitions for ``exempt compounds'' and
``loading rack'' were added, and the definition for ``valley basin and
desert basin'' was deleted.
SBCAPCD Rule 344 is a new rule which controls VOC emissions from
the degassing of petroleum storage tanks, reservoirs, or other
containers. Above-ground containers and underground tanks are subject
to this rule depending upon their capacity and the vapor pressure of
the stored organic liquid. The rule requires degassing emissions to be
controlled by at least 90%, using one of several methods, including
liquid balancing, liquid displacement, or refrigeration. Monitoring of
refrigeration and carbon adsorption is required, along with records of
monitoring results, vapor pressures, and degassing events.
SCAQMD Rule 461 is an amended rule that includes the following
significant changes from the current SIP:
Adds definitions, recordkeeping requirements, and test
methods.
Adds requirements for phase I and phase II equipment,
initial and reverification testing, self-compliance inspection and
maintenance, and completion of a training program.
Deletes outdated compliance schedules.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, KCAPCD Rule 412.1, KCAPCD Rule 410.3, KCAPCD Rule 102,
SBCAPCD Rule 343, and SCAQMD Rule 461 are being approved 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 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.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective December 6, 1996, unless, by November 6, 1996, adverse or
critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action.
[[Page 52299]]
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, the public is advised that
this action will be effective December 6, 1996.
Regulatory Process
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 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 direct 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.
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Small Businesses
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(a) and subchapter I, 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, I certify
that 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).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under 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 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: September 17, 1996.
Felicia Marcus,
Regional Administrator.
Subpart F of 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)(D),
(c)(196)(i)(C)(3), (c)(229)(i)(A), and (c)(231)(i)(B) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(191) * * *
(i) * * *
(D) Kern County Air Pollution Control District.
(1) Rule 412.1, adopted on November 9, 1992.
* * * * *
(196) * * *
(i) * * *
(C) * * *
(3) Rule 343, adopted on December 14, 1993.
* * * * *
(229) New and amended regulations for the following APCDs were
submitted on January 31, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 461, adopted on September 8, 1995.
* * * * *
(231) * * *
(i) * * *
(B) Kern County Air Pollution Control District.
(1) Rule 102 and Rule 410.3, adopted on March 7, 1996.
* * * * *
[FR Doc. 96-25467 Filed 10-4-96; 8:45 am]
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