[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Proposed Rules]
[Pages 26460-26463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12627]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 12-2-0039; FRL-5825-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; San Joaquin Valley Unified Air
Pollution District and South Coast Air Quality Management District
State Implementation Plan Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing a limited approval and limited disapproval of
revisions to the California State Implementation Plan (SIP) which
concern the control of volatile organic compound (VOC) emissions from
facilities that load organic liquids into tank trucks, trailers, or
railroad tank cars and the control of emissions during the transfer of
organic liquids between storage units and delivery vessels.
The intended effect of proposing limited approval and limited
disapproval 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 proposed rulemaking
document will incorporate these rules into the federally approved SIP.
EPA has evaluated the rules and is proposing a simultaneous limited
approval and limited disapproval under provisions of the CAA regarding
EPA action on SIP submittals and general rulemaking authority because
these revisions, while strengthening the SIP, also do not fully meet
the CAA provisions regarding plan submissions and requirements for
nonattainment areas.
DATES: Comments must be received on or before June 13, 1997.
ADDRESSES: Comments may be mailed to: Christine Vineyard, Rulemaking
Office [AIR-4], Air 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 the rules 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 95812.
San Joaquin Valley Unified Air Pollution Control District, 1999
Tuolumne Street, Fresno, CA 93721.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office,
[AIR-4], Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415)
744-1197.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being proposed for approval into the California SIP
include: San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD) Rule 463.3, Organic Liquid Loading, and South Coast Air
Quality Management District (SCAQMD) Rule 462, Organic Liquid Loading.
These rules were submitted by the California Air Resources Board (CARB)
to EPA on January 28, 1992 and October 13, 1995, respectively.
II. Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the 1977 Clean Air Act (1977 CAA or pre-
amended Act), that included the Los Angeles-South Coast Air Basin (LA
Basin) and the San Joaquin Area that encompassed the following eight
air pollution control districts (APCDs): Fresno County APCD, Kern
County APCD,1 King County APCD, Madera County APCD, Merced
County APCD, San Joaquin County APCD, Stanislaus County APCD, and
Tulare County APCD. 43 FR 8964; 40 CFR 81.305. The San Joaquin Valley
Air Basin which includes all the above eight
[[Page 26461]]
counties except for the Southeast Desert Air Basin portion of Kern
County. Because these areas were unable to meet this 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, 1987.2 On May 26, 1988, EPA notified
the Governor of California, pursuant to section 110(a)(2)(H) of the
pre-amended Act, that SJVUAPCD and SCAQMD portions of the 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, amendments to the 1977 CAA 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 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\ 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.3 EPA's SIP-Call used
that guidance to indicate the necessary corrections for specific
nonattainment areas. The San Joaquin Valley Air Basin is classified as
serious and the LA Basin is classified as extreme; 4
therefore, these two areas are subject to the RACT fix-up requirement
and the May 15, 1991 deadline.
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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\ SCAQMD and SJVUAPCD retained their designation and were
classified by operation of law pursuant to sections 107(d) and
181(a) upon the date of enactment of the CAA. See 56 FR 56694
(November 6, 1991).
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The State of California submitted many revised RACT rules to EPA
for incorporation into its SIP on January 28, 1992 and October 13,
1995, including the rules being acted on in this document. This
document addresses EPA's proposed action for SJVUAPCD Rule 463.3,
Organic Liquid Loading, adopted on September 19, 1991 and SCAQMD Rule
462, Organic Liquid Loading, adopted on June 9, 1995. These submitted
rules were found to be complete on April 3, 1992 and November 28, 1995
pursuant to EPA's completeness criteria that are set forth in 40 CFR
Part 51, Appendix V 5 and are being proposed for limited
approval and limited disapproval.
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\5\ 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 (56 FR 42216).
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SJVUAPCD Rule 463.3 controls VOC emissions from facilities that
load liquids into tank trucks or railroad tank cars. SCAQMD Rule 462
controls emissions of VOC during the transfer of organic liquids
between storage units and delivery vessels. VOCs contribute to the
production of ground level ozone and smog. SJVUAPCD Rule 463.3 and
SCAQMD Rule 462 were originally adopted as part of the districts'
effort to achieve the National Ambient Air Quality Standard (NAAQS) for
ozone and has been revised 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 SJVUAPCD's Rule 463.3 and SCAQMD's Rule 462.
III. 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 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 which specify the minimum requirements that a rule must
contain in order to be approved into the SIP. 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 SCAQMD Rule 462 are
entitled, ``Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals,'' EPA-450/2-77-026; ``Control of Volatile Organic Compound
Leaks from Gasoline Tank Trucks and vapor Collection Systems,'' EPA
4450/2-78-0521; and Control of Volatile Organic Emissions from Bulk
Gasoline Plants,'' EPA-450/2-77-035. The CTG applicable to SJVUAPCD
Rule 463.3 is entitled, ``Control of Hydrocarbons from Tank Truck
Gasoline Loading Terminals,'' EPA-450/2-77-026. Further interpretations
of EPA policy are found in the Blue Book. In general, these guidance
documents have been set forth to ensure that VOC rules are fully
enforceable and strengthen or maintain the SIP.
SCAQMD's submitted Rule 462, Organic Liquid Loading, includes the
following revisions from the current SIP rule: 6
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\6\ A previous version of SCAQMD Rule 462 was submitted to EPA
on May 13, 1991, and EPA proposed a limited approval/ limited
disapproval on March 21, 1994 (59 FR 11958).
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The definition of ``facility vapor leak'' was revised to
require measurement at a distance of 2 centimeters from the source
according to EPA Method 21. As explained below, EPA has identified this
revision as a deficiency.
New and revised definitions were added for rule clarity.
The Executive Officer determination of an equivalent test
method was removed.
A test method was added to determine compliance with the
vapor emission limit.
The requirements section was updated and revised. The leak
inspection requirements were added to include monthly sight, sound, and
smell detection methods; and quarterly inspections if using an organic
vapor analyzer (OVA).
The compliance schedule, compliance determination/test
methods, recordkeeping, distribution of responsibilities, and
exemptions sections were updated and/or revised.
SJVUAPCD's submitted Rule 463.3, Organic Liquid Loading, will
replace rules from the eight individual counties making up the SJVUAPCD
(Fresno, Kern, King, Madera, Merced, San Joaquin, Stanislaus, and
Tulare). The major differences between Rule 463.3 and the existing SIP
rules include:
[[Page 26462]]
The applicability of the rule has been broadened to
include organic liquid facilities which load 4,000 gallons or more in
any one day.
The stringency of the emission limit and vapor control
efficiency have been increased.
Definitions have been added to improve rule clarity.
Recordkeeping and test method provisions have been added
to determine compliance with the rule.
EPA has evaluated SCAQMD submitted Rule 462 and SJVUAPCD submitted
Rule 463.3 for consistency with the CAA, EPA regulations, and EPA
policy and has found that the revisions address and correct many
deficiencies previously identified by EPA. These corrected deficiencies
have resulted in clearer, more enforceable rules. Furthermore, the
addition of more stringent emission limits and a broader applicability
in submitted SJVUAPCD Rule 463.3 should lead to more emission
reductions.
Although SCAQMD's Rule 462 and SJVUAPCD's Rule 463.3 will
strengthen the SIP, these rules still contain deficiencies which were
required to be corrected pursuant to the section 182(a)(2)(A)
requirement of Part D of the CAA. SCAQMD Rule 462 contains the
following deficiency: The definition of ``facility vapor leak''
includes a measurement distance of 2 centimeters from the source
according to procedures listed in EPA Test Method 21. This 2 centimeter
distance is inconsistent with EPA Test Method 21, which requires
measurement at the surface of the source or 1 centimeter for moving
parts. A detailed discussion of rule deficiencies can be found in the
Technical Support Document for Rule 462 (March 12, 1997), which is
available from the U.S. EPA, Region 9 office.
SJVUAPCD Rule 463.3 contains the following test method
deficiencies:
Rule 463.3 references a test method for initial compliance
determination that has not been reviewed and approved by EPA;
The rule references a vapor pressure testing procedure
when the storage temperature is above 100 degrees. This procedure is
vague and should be submitted to EPA for review and approval; and
The rule references a test method for the measurement of
true vapor pressure of crude oil that has not been reviewed and
approved.
A detailed discussion of rule deficiencies can be found in the
Technical Support Document for Rule 463.3 (April 16, 1997), which is
available from the U.S. EPA, Region 9 office. Because of these
deficiencies, the rules are not approvable pursuant to section
182(a)(2)(A) of the CAA because they are not consistent with the
interpretation of section 172 of the 1977 CAA as found in the Blue Book
and may lead to rule enforceability problems.
Also, because of the above deficiencies, EPA cannot grant full
approval of these rules under section 110(k)(3) and part D. Because the
submitted rules are not composed of separable parts which meet all the
applicable requirements of the CAA, EPA cannot grant partial approval
of the rules under section 110(k)(3). However, EPA may grant a limited
approval of the submitted rules under section 110(k)(3) in light of
EPA's authority pursuant to section 301(a) to adopt regulations
necessary to further air quality by strengthening the SIP. The approval
is limited because EPA's action also contains a simultaneous limited
disapproval. In order to strengthen the SIP, EPA is proposing a limited
approval of SCAQMD's submitted Rule 462 and SJVUAPCD's Rule 463.3 under
sections 110(k)(3) and 301(a) of the CAA.
At the same time, EPA is also proposing a limited disapproval of
these rules because they contain deficiencies that have not been
corrected as required by section 182(a)(2)(A) of the CAA, and, as such,
the rules do not fully meet the requirements of part D of the Act.
Under section 179(a)(2), if the Administrator disapproves a submission
under section 110(k) for an area designated nonattainment, based on the
submission's failure to meet one or more of the elements required by
the Act, the Administrator must apply one of the sanctions set forth in
section 179(b) unless the deficiency has been corrected within 18
months of such disapproval. Section 179(b) provides two sanctions
available to the Administrator: highway funding and offsets. The 18
month period referred to in section 179(a) will begin on the effective
date of EPA's final limited disapproval. Moreover, the final
disapproval triggers the Federal implementation plan (FIP) requirement
under section 110(c). It should be noted that the rules covered by this
document have been adopted by the SCAQMD and SJVUAPCD and are currently
in effect in the districts. EPA's final limited disapproval action will
not prevent SCAQMD, SJVUAPCD or EPA from enforcing these rules.
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.
IV. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the 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 (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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 30l, 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 flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its action concerning SIPS on such
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, EPA must
select the most cost-effective
[[Page 26463]]
and least burdensome alternative that achieves the objectives of the
rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
EPA has determined that the approval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
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.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 2, 1997.
Felicia Marcus,
Regional Administrator.
[FR Doc. 97-12627 Filed 5-13-97; 8:45 am]
BILLING CODE 6560-50-P
