[Federal Register Volume 59, Number 110 (Thursday, June 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14069]


[[Page Unknown]]

[Federal Register: June 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA-37-2-6310 FRL-4889-8]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Sacramento Metropolitan Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing limited approvals and limited disapprovals 
of revisions to the California State Implementation Plan (SIP) proposed 
in the Federal Register on July 26, 1993. This final action will 
incorporate these rules into the federally approved SIP. The intended 
effect of finalizing this action 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 gasoline loading operations. Thus, EPA is 
finalizing a simultaneous limited approval and limited disapproval 
under CAA provisions 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. As a result of 
this limited disapproval EPA will be required to impose highway funding 
or emission offset sanctions under the CAA unless the State submits and 
EPA approves corrections to the identified deficiencies within 18 
months of the effective date of this disapproval. Moreover, EPA will be 
required to promulgate a Federal implementation plan (FIP) unless the 
deficiencies are corrected within 24 months of the effective date of 
this disapproval.

EFFECTIVE DATE: This final rule is effective July 11, 1994.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for 
each rule are available for public inspection at EPA's Region 9 office 
during normal business hours. Copies of the submitted rule revisions 
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, SW., Washington, DC 20460
    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814
    Sacramento Metropolitan Air Quality Management District, 8411 
Jackson Road, Sacramento, CA 95826

FOR FURTHER INFORMATION CONTACT: Susanne Wong, 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) 744-1152

SUPPLEMENTARY INFORMATION:

Background

    On July 26, 1993, in 58 FR 39717, EPA proposed granting limited 
approval and limited disapproval of the following rules into the 
California SIP: SMAQMD Rules 448, Gasoline Transfer into Stationary 
Storage Containers, and 449, Transfer of Gasoline into Vehicle Fuel 
Tanks. Rules 448 and 449 were adopted by SMAQMD on December 17, 1991. 
These rules were submitted by the California Air Resources Board (CARB) 
to EPA on June 19, 1992. These rules were submitted in response to 
EPA's 1988 SIP Call and the CAA section 182(a)(2)(A) requirement that 
nonattainment areas fix their reasonably available control technology 
(RACT) rules for ozone in accordance with EPA guidance that interpreted 
the requirements of the pre-amendment Act. A detailed discussion of the 
background for each of the above rules and nonattainment areas is 
provided in the notice of proposed rulemaking (NPR) cited above.
    EPA has evaluated all of the above rules for consistency with the 
requirements of the CAA and EPA regulations and EPA's interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the NPRs. EPA is finalizing the limited 
approval of these rules in order to strengthen the SIP and finalizing 
the limited disapproval requiring the correction of the remaining 
deficiencies. Both rules contain deficiencies which were required to be 
corrected pursuant to the section 182(a)(2)(A) requirement of part D of 
the CAA. Both rules allow the Control Officer to use ``equivalent'' 
test methods for determining compliance. A detailed discussion of the 
rule provisions and evaluations has been provided in the NPRs and in 
technical support documents (TSDs) available at EPA's Region IX office 
(TSDs dated February 1, 1993 for Rules 448 and 449).

Response to Public Comments

    A 30-day public comment period was provided in 58 FR 39717. EPA 
received no comment letters on the NPR.

EPA Action

    EPA is finalizing a limited approval and a limited disapproval of 
the above-referenced rules. The limited approval of these rules is 
being finalized 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 in the 
sense that the rules strengthen the SIP. However, the rules do not meet 
the section 182(a)(2)(A) CAA requirement because of the rule 
deficiencies which were discussed in the NPR. Thus, in order to 
strengthen the SIP, EPA is granting limited approval of these rules 
under sections 110(k)(3) and 301(a) of the CAA. This action approves 
the rules into the SIP as federally enforceable rules.
    At the same time, EPA is finalizing the 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. As 
stated in the NPR, upon the effective date of this final rule, the 18 
month clock for sanctions and the 24 month FIP clock will begin. 
Sections 179(a) and 110(c). If the State does not submit the required 
corrections and EPA does not approve the submittal within 18 months of 
the final rule, either the highway sanction or the offset sanction will 
be imposed at the 18 month mark. It should be noted that the rules 
covered by this final rule have been adopted by the SMAQMD and are 
currently in effect in the District. EPA's limited disapproval action 
in this final rule does not prevent SMAQMD 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.

Regulatory Process

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 8, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(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). A revision to the SIP processing 
review tables was approved by the Acting Administrator for Air and 
Radiation on October 4, 1993 (Michael H. Shapiro's memorandum to 
Regional Administrators). A future document will inform the general 
public of these tables. Under the revised tables, this action remains 
classified as a Table 3 action. 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 2 years. The EPA has submitted a request for a permanent 
waiver for Table 2 and Table 3 SIP revisions. The 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, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    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: April 29, 1994.
David Howekamp,
Acting Regional Administrator.

    Part 52, 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 paragraph (c) (188)(i)(F) to 
read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (188) * * *
    (i) * * *
    (F) Sacramento Metropolitan Air Quality Management District.
    (1) Rules 448 and 449 adopted on December 17, 1991.
* * * * *
[FR Doc. 94-14069 Filed 6-8-94; 8:45 am]
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