[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30610]
[[Page Unknown]]
[Federal Register: December 14, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 71-6-6615a; FRL-5114-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Ventura County Air Pollution
Control 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. The revisions concern rules from
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). These rules control VOC emissions from gasoline transfer
operations and from sumps, pits, ponds and well cellars during the
production, gathering, separation, processing, and storage of crude oil
or petroleum material. 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.
DATES: This action is effective on February 13, 1995 unless adverse or
critical comments are received by January 13, 1995. 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
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.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.
Ventura County Air Pollution Control District, 702 County Square
Drive, Ventura, CA 93003.
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: VCAPCD
Rule 70, Storage and Transfer of Gasoline; Rule 71, Crude Oil and
Reactive Organic Compound Liquids; and Rule 71.4, Petroleum Sumps,
Pits, Ponds, and Well Cellars. These rules were submitted by the
California Air Resources Board (CARB) to EPA on November 18, 1993.
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 Ventura County 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)
of the 1977 Act, that VCAPCD'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 Ventura County Area is classified as
severe;2 therefore, this area was subject to the RACT fix-up
requirement and the May 15, 1991 deadline.
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\1\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).
\2\The Ventura County 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).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on November 18, 1993, including the rules
being acted on in this document. This document addresses EPA's direct
final action for VCAPCD Rule 70, Storage and Transfer of Gasoline; Rule
71, Crude Oil and Reactive Organic Compound Liquids; and Rule 71.4,
Petroleum Sumps, Pits, Ponds, and Well Cellars. VCAPCD adopted Rule 70
on May 4, 1993, and adopted Rules 71 and 71.4 on June 8, 1993. These
submitted rules were found to be complete on December 23, 1993 pursuant
to EPA's completeness criteria that are set forth in 40 CFR part 51,
appendix V3 and are being finalized for approval into the SIP.
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\3\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 70 controls emissions of volatile organic compounds (VOCs)
during the loading and transfer of gasoline. Rule 71 contains only
definitions, many of which are referenced in Rule 71.4. Rule 71.4
controls VOCs from petroleum materials in sumps, pits, ponds, and well
cellars. VOCs contribute to the production of ground level ozone and
smog. These rules were originally adopted as part of VCAPCD'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
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 1. 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
documents applicable to Rule 70 are entitled, ``Control of Volatile
Organic Emissions from Bulk Gasoline Plants,'' EPA-450/2-77-035;
``Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks
and Vapor Collection Systems,'' EPA-450/2-78-051; and ``Control of
Hydrocarbons from Tank Truck Gasoline Loading Terminals,'' EPA-450/2-
77-026. There is no applicable CTG document for Rules 71 and 71.4. For
source categories where EPA did not publish a CTG, the air pollution
control agency may determine what controls are required to satisfy the
RACT requirement by reviewing the operations of facilities with the
affected source category. In that review, the technological and
economic feasibility of the proposed controls are considered. Further
interpretations of EPA policy are found in the Blue Book, referred to
in footnote 1. In general, these guidance documents have been set forth
to ensure that VOC rules are fully enforceable and strengthen or
maintain the SIP.
VCAPCD's submitted Rule 70, Storage and Transfer of Gasoline,
includes the following significant changes from the current SIP:
--Deletion of Executive Officer discretion in approving equivalent
vapor control systems.
--Expansion of rule applicability to cover more sources.
--Addition of operation and maintenance requirements, definitions, and
more specific recordkeeping requirements.
The only changes to VCAPCD Rule 71, Crude Oil and Reactive Organic
Compound Liquids, are the addition of a definition for the term ``crude
oil,'' and a clarification to the definition of ``petroleum material.''
VCAPCD Rule 71.4 is a new rule for which there is no current SIP
rule. The major provisions of Rule 71.4 are listed below:
--The use of first stage production sumps is prohibited.
--Properly installed and maintained covers are required for sumps,
pits, and ponds.
--Storage of petroleum materials in well cellars is prohibited except
during equipment maintenance or well workover.
--Recordkeeping requirements and test methods are specified to verify
rule applicability.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, VCAPCD Rule 70, Storage and Transfer of Gasoline; Rule 71,
Crude Oil and Reactive Organic Compound Liquids; and Rule 71.4,
Petroleum Sumps, Pits, Ponds, and Well Cellars, 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 amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. The direct final action
will be effective February 13, 1995, unless, by January 13, 1995,
adverse or critical comments are received.
If the 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. The EPA will not institute a second comment period on
this action. 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 Feburary 13, 1995.
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 population 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).
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: November 18, 1994.
David P. Howekamp,
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)(194) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(194) New and amended regulations for the following APCDs were
submitted on November 18, 1993, by the Governor's designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District.
(1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8,
1993; and Rule 71.4, adopted on June 8, 1993.
* * * * *
[FR Doc. 94-30610 Filed 12-13-94; 8:45 am]
BILLING CODE 6560-50-W
