[Federal Register Volume 59, Number 50 (Tuesday, March 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5995]
[[Page Unknown]]
[Federal Register: March 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 32-2-6238; FRL-4849-7]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; South Coast Air Quality Management
District; Ventura County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA is proposing to approve revisions to the California State
Implementation Plan (SIP) which concern the control of emissions of
volatile organic compounds (VOCs) from the transfer of gasoline into
storage tanks or fuel tanks, and from crude oil and natural gas
production and 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 notice of proposed rulemaking
(NPR) will incorporate these rules into the federally approved SIP. 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 14, 1994.
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.
Copies of the rule revisions and EPA's evaluation report of each
rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rule revisions
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.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
Ventura County Air Pollution Control District, 702 County Square
Drive, Ventura, California 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 proposed for approval into the California SIP are
South Coast Air Quality Management District (SCAQMD) Rule 461, Gasoline
Transfer and Dispensing, and Ventura County Air Pollution Control
District (VCAPCD) Rule 74.10, Components at Crude Oil and Natural Gas
Production and Processing Facilities. These rules were submitted by the
California Air Resources Board (CARB) to EPA on December 31, 1990 and
September 14, 1992, 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 Los Angeles-South
Coast Air Basin and the Ventura County 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 52.238. 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.
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 Los Angeles-South Coast Air Basin is
classified as extreme, and the Ventura County Area is 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 Los Angeles-South Coast Air Basin and the Ventura County
Area retained their designations of nonattainment 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 for
incorporation into its SIP on December 31, 1990 and September 14, 1992,
including the rules being acted on in this document. This document
addresses EPA's proposed action for SCAQMD Rule 461, Gasoline Transfer
and Dispensing, and VCAPCD Rule 74.10, Components at Crude Oil and
Natural Gas Production and Processing Facilities. Rule 461 was adopted
by SCAQMD on July 7, 1989, and Rule 74.10 was adopted by the VCAPCD on
June 16, 1992. These submitted rules were found to be complete on
February 28, 1991 and November 20, 1992 pursuant to EPA's completeness
criteria that are set forth in 40 CFR part 51, appendix V3 and are
being proposed 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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SCAQMD Rule 461 requires Stage I and Stage II vapor control to
limit emissions of VOCs during the transfer of gasoline into storage
tanks or fuel tanks. VCAPCD Rule 74.10 sets requirements for control of
fugitive VOC emissions from crude oil and natural 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 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 SCAQMD Rule 461 is entitled, ``Control of Volatile
Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection
Systems,'' EPA-450/2-78-051, while the CTG applicable to VCAPCD Rule
74.10 is entitled, ``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 1. In general, these guidance documents have
been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
SCAQMD Rule 461 includes the following significant changes from the
current SIP:
1. Adds definitions, equipment and operating requirements, and
sign-posting requirements.
2. Deletes many storage container exemptions.
3. Changes compliance schedule to require compliance at the start
of operation.
VCAPCD Rule 74.10 is a new rule which was adopted to control
fugitive VOC emissions from components at crude oil and natural gas
production and processing plants. Its major provisions include:
1. Operating standards and component leak thresholds.
2. Inspection and repair requirements, and submission of an
operator management plan.
3. Recordkeeping requirements, test methods, and definitions.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD Rule 461 and VCAPCD 74.10 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. 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 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).
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future notice will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the
requirements of section 3 of Executive Order 12291 for a period of two
years. EPA has submitted a request for a permanent waiver for Table 2
and Table 3 SIP revisions. OMB has agreed to continue the waiver until
such time as it rules on EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: March 4, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-5995 Filed 3-14-94; 8:45 am]
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