[Federal Register Volume 61, Number 88 (Monday, May 6, 1996)]
[Rules and Regulations]
[Pages 20145-20147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11210]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 140-10-7261a; FRL-5456-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Placer County Air Pollution Control
District and 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 (SIP). The revisions concern rules
from the following districts: the Placer County Air Pollution Control
District (PCAPCD) and 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). The rules control VOC emissions from the storage
and transfer of organic liquids and tank degassing operations. 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 July 5, 1996 unless adverse or
critical comments are received by June 5, 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
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, S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Placer County Air Pollution Control District, 11464 B Avenue,
Auburn, CA 95603.
Ventura County Air Pollution Control District, Rule Development
Section, 669 County Square Drive, Ventura, CA 93003.
FOR FURTHER INFORMATION CONTACT: Duane F. James, 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) 744-1191, email: james.duane@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: the
PCAPCD's Rule 212, ``Storage of Organic Liquids,'' and Rule 215,
``Transfer of Gasoline into Tank Trucks, Trailers and Railroad Tank
Cars at Loading Facilities,'' and the VCAPCD's Rule 74.26, ``Crude Oil
Storage Tank Degassing Operations,'' and Rule 74.27, ``Gasoline and ROC
Liquid Storage Tank Degassing Operations.'' These rules were submitted
by the California Air Resources Board (ARB) to EPA on January 24, 1995
(Rules 215, 74.26, and 74.27) and October 13, 1995 (Rule 212).
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 portions of Placer County
in the Sacramento Metro Area and the Ventura County Area. 43 FR 8964,
40 CFR 81.305. On May 26, 1988, EPA notified the Governor of
California, pursuant to section 110(a)(2)(H) of the 1977 Act, that
[[Page 20146]]
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.
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 Sacramento Metro Area and the Ventura County
Area are classified as severe; 2 therefore, these areas were
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 Sacramento Metro Area was reclassified from serious to
severe on June 1, 1995. See 60 FR 20237 (April 25, 1995). 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 January 24, 1995, and October 13, 1995,
including the rules being acted on in this document. The PCAPCD adopted
Rule 212 on June 8, 1995, and Rule 215 on November 3, 1994, and the
VCAPCD adopted Rules 74.26 and 74.27 on November 8, 1994. These
submitted rules were found to be complete on February 24, 1995 (Rules
215, 74.26, and 74.27) and November 28, 1995 (Rule 212), pursuant to
EPA's completeness criteria that are set forth in 40 CFR part 51,
appendix V 3 and are being finalized for approval into the SP.
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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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The PCAPCD's Rule 212 requires facilities to install and operate
vapor loss control devices for the storage of organic liquids with
vapor pressures of 0.5 psia or higher, and Rule 215 requires vapor
collection and disposal systems for loading gasoline into tank trucks,
trailers, or railroad tank cars. The VCAPCD's Rules 74.26 and 74.27
reduce emissions of VOCs from the degassing of crude oil, produced
water, gasoline, and VOC liquid storage tanks. VOCs contribute to the
production of ground level ozone and smog. These rules were originally
adopted as part of the PCAPCD's and the VCAPCD'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 final action for these rules.
EPA Evaluation and 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 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 CTGs
applicable to PCAPCD's Rule 212 are entitled ``Control of Volatile
Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks
(EPA-450/2-77-036)'' and ``Control of Volatile Organic Emissions from
Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2-78-
047).'' The CTGs applicable to PCAPCD's Rule 215 are entitled,
``Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals
(EPA-450/2-77-026),'' ``Control of Volatile Organic Emissions from Bulk
Gasoline Plants (EPA-450/2-77-035),'' and ``Control of Volatile Organic
Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems
(EPA-450/2-78-051).'' There are no CTGs applicable to VCAPCD's Rules
74.26 and 74.27. 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.
The PCAPCD's submitted Rule 212, ``Storage of Organic Liquids,''
includes the following significant changes from the current SIP:
The Table of Content's reference to section 110 has been
deleted because that section was deleted in the previous version of the
rule.
There were two sections 503.1. The second was renumbered
to 503.2.
The PCAPCD's submitted Rule 215, ``Transfer of Gasoline into Tank
Trucks, Trailers and Railroad Tank Cars at Loading Facilities,''
includes the following significant changes from the current SIP:
The rule's applicability was broadened.
The definitions of bulk plant and bulk terminal were added
to the rule. The definition of volatile organic compound (VOC) was
updated for consistency with 40 CFR 51.100(s).
An emission standard of 0.6 pounds of VOC per 1000 gallons
of gasoline transferred was added for bulk plants.
The ARB's Methods 202 and 203 were added to the rule for
equipment certifications.
The VCAPCD's Rule 74.26, ``Crude Oil Storage Tank Degassing
Operations,'' and Rule 74.27, ``Gasoline and ROC Liquid Storage Tank
Degassing Operations,'' are new rules that reduce the emissions of VOCs
from the degassing of crude oil, produced water, gasoline, and VOC
liquid storage tanks. The rules require a vapor destruction and removal
efficiency of at least 95% until the vapor concentration in the tank is
10% of its initial concentration or less than 10,000 parts per million
volume (ppmv). Records of the inlet and outlet concentration are to be
made at the beginning of and throughout the test. Records of
temperature are required when refrigerated condensers are used. All
records must be maintained for two years from the date of entry. ASTM
Methods D 323-82, D 2879-86 and E 260-91 and EPA Methods 2A, 21, and
25A are the test methods used for compliance determinations. A more
detailed discussion of the controls required and the justification for
why
[[Page 20147]]
these controls represent RACT can be found in the Technical Support
Documents (TSDs) for Rules 74.26 and 74.27, dated November 7, 1995.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, the PCAPCD's Rule 212, ``Storage of Organic Liquids,'' and
Rule 215, ``Transfer of Gasoline into Tank Trucks, Trailers and
Railroad Tank Cars at Loading Facilities,'' and the VCAPCD's Rule
74.26, ``Crude Oil Storage Tank Degassing Operations,'' and Rule 74.27,
``Gasoline and ROC Liquid Storage Tank Degassing Operations,'' 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. This action will be
effective July 5, 1996, unless, by June 5, 1996, 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 July 5, 1996.
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).
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 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.
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 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: March 11, 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)(214)(i)(D)(2)
and (E) and (c)(225)(i)(B)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(214) * * *
(i) * * *
(D) * * *
(2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994.
(E) Placer County Air Pollution Control District.
(1) Rule 215, adopted on November 3, 1994.
* * * * *
(225) * * *
(i) * * *
(B) * * *
(2) Rule 212, adopted on June 8, 1995.
* * * * *
[FR Doc. 96-11210 Filed 5-03-96; 8:45 am]
BILLING CODE 6560-50-W
