[Federal Register Volume 60, Number 59 (Tuesday, March 28, 1995)]
[Proposed Rules]
[Pages 15891-15893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7472]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-144-2-6918a; FRL-5179-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, San Diego County Air Pollution
Control District and San Joaquin Valley Unified Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking (NPRM).
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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 fixed and floating roof tanks at bulk
plants and terminals; and fugitives at light crude oil production, gas
production, and natural gas processing facilities.
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 NPRM will incorporate these rules into the federally approved
SIP. In addition, final action on these rules will serve as a final
determination that deficiencies in each rule identified by EPA in a
limited approval/limited disapproval action on August 30, 1993 have
been corrected and that any sanctions or Federal Implementation Plan
(FIP) obligations are permanently stopped. An Interim Final
Determination published in today's Federal Register will defer the
imposition of sanctions until EPA takes final rulemaking action. 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 April 27, 1995.
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 94105-3901.
Copies of the rules and EPA's evaluation report of each rule are
available for public inspection at EPA's Region 9 office during normal
business hours. Copies of the submitted rules 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.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive,
San Diego, CA 92123.
San Joaquin Valley Unified Air Pollution Control District 1999 Tuolumne
Street, Fresno, CA 93721.
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 94105-3901, (415) 744-1200.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being proposed for approval into the California SIP
include: San Diego County Air Pollution Control District (SDCAPCD) Rule
61.1, Receiving and Storing Volatile Organic Compounds at Bulk Plants
and Bulk Terminals; and San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD) Rule 4403, Components Serving Light Crude
Oil or Gases at [[Page 15892]] Light Crude Oil and Gas Production
Facilities and Components at Natural Gas Processing Facilities. These
rules were submitted by the California Air Resources Board to EPA on
January 24, 1995 and February 24, 1995 respectively.
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 Diego County Area
and San Joaquin Valley Area which includes the following eight air
pollution control districts (APCDs): Fresno County APCD, Kern County
APCD,1 Kings County APCD, Madera County APCD, Merced County APCD,
San Joaquin County APCD, Stanislaus County APCD, and Tulare County
APCD.2 43 FR 8964; 40 CFR 81.305. Because 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, 1987.3 40 CFR 52.222. On May
26, 1988, EPA notified the Governor of California, pursuant to section
110(a)(2)(H) of the pre-amended Act, that the above districts' 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. 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.
\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).
\2\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 which includes all
the above eight counties except the Southeast Desert Air Basin
portion of Kern County.
\3\This extension was not requested for the following counties:
Kern, Kings, Madera, Merced and Tulare. Thus, the attainment date
for these counties remained December 31, 1982.
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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.4 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. Both the San Diego County Area and the San Joaquin
Valley Area are classified as serious;5 therefore, these areas
were subject to the RACT fix-up requirement and the May 15, 1991
deadline.
\4\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).
\5\The San Diego County and the San Joaquin Valley Areas were
redesignated nonattainment and 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 January 24, 1995 and February 24, 1994,
including the rules being acted on in this document. This document
addresses EPA's proposed action for SDCAPCD Rule 61.1, Receiving and
Storing Volatile Organic Compounds at Bulk Plants and Bulk Terminals;
and SJVUAPCD Rule 4403, Components Serving Light Crude Oil or Gases at
Light Crude Oil and Gas Production Facilities and Components at Natural
Gas Processing Facilities. SDCAPCD adopted Rule 61.1 on January 10,
1995 and SJVUAPCD adopted Rule 4403 on February 16, 1995. These
submitted rules were found to be complete on February 24, 1995 and
March 10, 1995 pursuant to EPA's completeness criteria that are set
forth in 40 CFR Part 51 Appendix V6 and are being proposed for
approval into the SIP.
\6\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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SDCAPCD Rule 61.1 controls VOC emissions from fixed and floating
roof tanks at bulk plants and terminals. SJVUAPCD Rule 4403 controls
VOC fugitive emissions from oil and gas production and processing
facilities. 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 4. 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 CTGs
applicable to these rules are entitled, ``Control of Volatile Organic
Emissions from Petroleum Liquid Storage in External Floating Roof
Tanks,'' EPA 450/2-78-047; ``Control of Volatile Organic Emissions from
Petroleum Liquid Storage in Fixed Roof Tanks,'' EPA 450/2-77-036; and
``Control of Volatile Organic Compound Equipment Leaks from Natural
Gas/Gasoline Processing Plants,'' EPA-450/3-83-007. Further
interpretations of EPA policy are found in the Blue Book, referred to
in footnote 4. In general, these guidance documents have been set forth
to ensure that VOC rules are fully enforceable and strengthen or
maintain the SIP.
SDCAPCD Rule 61.1, Receiving and Storing Volatile Organic Compounds
at Bulk Plants and Bulk Terminals includes the following significant
changes from the current SIP:
The exemption section was revised to delete the reference
to rule 11.
A recordkeeping requirement was added to demonstrate
exemption eligibility.
Test methods were added for determination of true vapor
pressure and control efficiency of vapor control systems. (A detailed
summary of rule changes is provided in the Technical
[[Page 15893]] Support Document (TSD) dated March 7, 1995).
SJVUAPCD Rule 4403, Components Serving Light Crude Oil or
Gases and Light Crude Oil and Gas Production Facilities and Components
at Natural Gas Processing Facilities includes the following significant
changes from the current SIP:
Definitions have been added for rule clarification.
The exemption section was amended to exclude components
from being exempt from leak minimization or recordkeeping requirements.
Violation language was added so that any leaks in excess
of the leak thresholds will constitute a violation of the rule.
The variance provision has been removed.
Repair procedures for essential components have been
added.
Various recordkeeping requirements were added.
The test method section was amended to reference methods
for determining true vapor pressure. (A detailed summary of rule
changes is provided in the TSD dated March 7, 1995).
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SDCAPCD Rule 61.1, Receiving and Storing Volatile Organic
Compounds at Bulk Plants and Bulk Terminals; and SJVUAPCD Rule 4403,
Components Serving Light Crude Oil and Gas Production Facilities and
Components at Natural Gas Processing Facilities, 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. Section 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. Secs. 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 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, 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 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, Volatile organic compound.
Authority: 42 U.S.C. 7401-7671q.
Date Signed: March 16, 1995.
Felicia Marcus,
Regional Administrator
[FR Doc. 95-7472 Filed 3-27-95; 8:45 am]
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