[Federal Register Volume 59, Number 137 (Tuesday, July 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17553]


[[Page Unknown]]

[Federal Register: July 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[OAQPS CA 22-9-6559; FRL-5016-7]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; South Coast Air Quality Management 
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) that concern the control of emissions of 
volatile organic compounds (VOCs) from operations related to the 
loading of marine tank vessels. The intended effect of proposing 
approval of this rule 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 
(NPRM) will incorporate this rule into the federally approved SIP. EPA 
has evaluated Rule 1142 and is proposing to approve it 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 August 18, 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 revision and EPA's evaluation report of rule 
1142 are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted rule revision 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.

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 rule being proposed for approval into the California SIP is 
South Coast Air Quality Management District (SCAQMD) Rule 1142, Marine 
Tank Vessel Operations. This rule was submitted by the California Air 
Resources Board (CARB) to EPA on January 28, 1992.

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. 43 CFR 8964, 40 CFR 81.305. Because this area was 
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 district's 
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. The Los Angeles-South Coast Air Basin is 
classified as extreme;2 therefore, this area was 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 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 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 January 28, 1992, including the rule 
being acted on in this document. This document addresses EPA's proposed 
action for SCAQMD Rule 1142, Marine Tank Vessel Operations. Rule 1142 
was adopted by SCAQMD on July 19, 1991. This submitted rule was found 
to be complete on April 3, 1992, pursuant to EPA's completeness 
criteria that are set forth in 40 CFR Part 51 Appendix V3 and is 
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 1142 requires all marine vessels to limit emissions of 
VOCs during loading, lightering, ballasting, and housekeeping events. 
VOCs contribute to the production of ground level ozone and smog. The 
rule was adopted as part of SCAQMD'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 this rule.

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). Rule 1142 
controls emissions from a source category for which EPA has not issued 
a CTG. Accordingly, Rule 1142 was evaluated against the general RACT 
requirements of the CAA (section 110 and part D), 40 CFR Part 51, the 
Blue Book referenced in footnote 1 and other EPA policy. 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 1142 is a new rule which was adopted to control VOC 
emissions from loading operations associated with marine vessels. 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 Rule 1142 and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
SCAQMD Rule 1142 is 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. Section 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 temporary 
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 Agency, Air pollution control, 
Hydrocarbons, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

    Authority: 42 U.S.C. 7401-7642.

    Dated: July 5, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-17553 Filed 7-18-94; 8:45 am]
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