[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43383-43386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20594]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 126-1-7083a; FRL-5267-7]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, El Dorado County Air Pollution
Control District and Yolo-Solano 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. The revisions concern rules from
the following districts: the El Dorado County Air Pollution Control
District (EDCAPCD) and the Yolo-Solano Air Quality Management District
(YSAQMD). 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 revised rules control VOC emissions from
cutback and emulsified asphalt and the storage and transfer of organic
liquids. 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 final rule is effective on October 20, 1995 unless adverse
or critical comments are received by September 20, 1995. If the
effective date is delayed, a timely notice will be published in the
Federal Register.
[[Page 43384]]
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.
El Dorado County Air Pollution Control District, 2850 Fairlane Court,
Placerville, CA 95667.
Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite
103, Davis, CA 95616.
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.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: the
EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt Paving
Materials,'' and the YSAQMD's Rule 2.21, ``Vapor Control for Organic
Liquid Storage and Transfer.'' These rules were submitted by the
California Air Resources Board to EPA on November 30, 1994.
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 El Dorado and
Yolo-Solano Counties in the Sacramento Metro Area. 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. (40 CFR 52.222). On May 26, 1988, EPA
notified the Governor of California, pursuant to section 110(a)(2)(H)
of the 1977 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. 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.
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. At the time of enactment of the amendments, the
Sacramento Metro Area was classified as serious; 2 therefore,
these areas were subject to the RACT fix-up requirement and the May 15,
1991 deadline.
\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).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on November 30, 1994, including the rules
being acted on in this notice. This notice addresses EPA's direct-final
action for the EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt
Paving Materials'' and the YSAQMD's Rule 2.21, ``Vapor Control for
Organic Liquid Storage and Transfer.'' The EDCAPCD adopted Rule 224 on
September 27, 1994, and the YSAQMD adopted Rule 2.21 on March 23, 1994.
These submitted rules were found to be complete on January 30, 1995,
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
SIP.
\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 EDCAPCD's Rule 224 prohibits the discharge of volatile organic
compounds (VOCs) to the atmosphere from the manufacture, mixing,
storage or use of cutback or emulsified asphalt for road paving,
construction or maintenance purposes. The YSAQMD's Rule 2.21 limits the
emissions of volatile organic compounds (VOCs) from the storage and
transfer of organic liquids. VOCs contribute to the production of
ground level ozone and smog. These rules were originally adopted as
part of the EDCAPCD's and the YSAQMD'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 CTG
applicable to EDCAPCD's Rule 224 is entitled, ``Control of Volatile
Organic Compounds from Use of Cutback Asphalt (EPA-450/2-77-037).'' The
CTGs applicable to YSAQMD's Rule 2.21 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),'' ``Control of Volatile Organic Emissions
from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-
036),'' ``Control of Volatile Organic Emissions from Petroleum Liquid
Storage in External Floating Roof Tanks (EPA-450/2-78-047),'' and
``Control of Volatile Organic Compound Leaks from Gasoline
[[Page 43385]]
Tank Trucks and Vapor Collection Systems (EPA-450/2-78-051).'' 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 EDCAPCD's submitted Rule 224, ``Cutback and Emulsified Asphalt
Paving Materials,'' includes the following significant changes from the
current SIP:
The definitions of cutback asphalt, penetrating prime
coat, and VOC have been updated to be consistent with EPA guidelines
and policy. The definition for ozone season has been deleted since the
term is no longer used in the rule.
The provision allowing Executive Officer discretion for
the approval of alternative test methods has been deleted.
The ASTM methods referenced now include their dates of
adoption/revision.
The recordkeeping requirements have been significantly
improved. The rule explicitly requires daily records. Records of final
destinations are now required for the shipping of asphalt products.
Test method results are required to be recorded.
The YSAQMD's submitted Rule 2.21, ``Vapor Control for Organic
Liquid Storage and Transfer,'' includes the following significant
changes from the current SIP:
The YSAQMD's Rule 2.21.1, ``Storage of Organic Liquids,''
has been rescinded and its requirements incorporated into Rule 2.21.
The rule's applicability has been clarified. Exemptions
are clearly identified in this section.
The following definitions have been added to the rule:
background, efficiency, gas tight, gasoline, leak free, loading
facility, maintenance, organic liquid, storage container, submerged
fill pipe, vapor tight, and viewport.
The vapor recovery emission standard for organic liquid
loading has been tightened to 0.08 lb/1000 gallons from 0.65 lb/1000
gallons. The vapor control requirement for organic liquid storage has
increased from 90% to 95%.
The requirements for the inspection of primary and
secondary seals are provided in this section.
The recordkeeping requirements have been updated.
Appropriate test methods are referenced correctly.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, the EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt
Paving Materials,'' and the YSAQMD's Rule 2.21, ``Vapor Control for
Organic Liquid Storage and Transfer,'' 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 notice 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 October 20, 1995, unless, by September 20, 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 notice 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 October 20, 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).
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.
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,
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: July 21, 1995.
John Wise,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
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PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Subpart F--California
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.220 is amended by adding paragraphs (c)(207)(i) (B)
and (C) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(207) * * *
(i) * * *
(B) El Dorado County Air Pollution Control District.
(1) Rule 224, adopted on September 27, 1994.
(C) Yolo-Solano Air Quality Management District.
(1) Rule 2.21, adopted on March 23, 1994.
* * * * *
[FR Doc. 95-20594 Filed 8-18-95; 8:45 am]
BILLING CODE 6560-50-P
