[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26020]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 14-15-6257; FRL-5094-4]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Kern 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 volatile organic 
compound (VOC) emissions from solvent metal cleaning operations and 
gasoline transfer operations. 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 (NPRM) 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 November 21, 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.
    Kern County Air Pollution Control District, 2700 ``M'' Street, 
suite 290, Bakersfield, CA 93301.

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 
include: Kern County Air Pollution Control District (KCAPCD) Rule 
410.3, Organic Solvent Degreasing Operations; and Rule 412, Gasoline 
Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk 
Plants. These rules were submitted by the California Air Resources 
Board (CARB) to EPA on May 30, 1991.

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 San Joaquin Valley Air 
Basin and the Southeast Desert Air Basin.1 43 FR 8964, 40 CFR 
81.305. Because some portions of 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. However, this extension was not 
requested for Kern County, and therefore, Kern County's attainment date 
remained December 31, 1982. On May 26, 1988, EPA notified the Governor 
of California, pursuant to section 110(a)(2)(H) of the pre-amended Act, 
that KCAPCD's portion of the California SIP was 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.
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    \1\At that time, Kern County included portions of two air 
basins: the San Joaquin Valley Air Basin and the Southeast Desert 
Air Basin. The San Joaquin Valley Air Basin portion of Kern County 
was designated as nonattainment, and the Southeast Desert Air Basin 
portion of Kern County was designated as unclassified. See 40 CFR 
81.305 (1991).
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    On March 20, 1991, the San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) was formed. The SJVUAPCD has authority over 
the San Joaquin Valley Air Basin portion of Kern County. Thus, the 
KCAPCD still exists, but only has authority over the Southeast Desert 
Air Basin portion of Kern County.
    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.2 EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas. All of Kern County is classified as serious.3 
However, the Southeast Desert Air Basin portion of Kern County was not 
a pre-enactment nonattainment area and, therefore, was not designated 
and classified upon enactment of the amended Act. For this reason, 
KCAPCD was not subject to the RACT fixup requirement and the May 15, 
1991 deadline. However, KCAPCD is still subject to the requirements of 
EPA's SIP-Call because the SIP-Call included all of Kern County. The 
substantive requirements of the SIP-Call are the same as those of the 
statutory RACT fixup requirement.
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    \2\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).
    \3\The San Joaquin Valley Air Basin portion of Kern County 
retained its nonattainment designation and was classified by 
operation of law pursuant to section 107(d) and section 181(a) upon 
the date of enactment of the Clean Air Act Amendments of 1990. The 
Southeast Desert Air Basin portion of Kern County was designated 
nonattainment on November 6, 1991. 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 May 30, 1991, including the rules being 
acted on in this document. This document addresses EPA's proposed 
action for Rule 410.3, Organic Solvent Degreasing Operations, and Rule 
412, Gasoline Transfer into Stationary Storage Containers, Delivery 
Vessels, and Bulk Plants. These submitted rules were adopted by the 
KCAPCD on May 6, 1991 and found to be complete on July 10, 1991 
pursuant to EPA's completeness criteria that are set forth in 40 CFR 
part 51, appendix V4 and are being proposed for approval into the 
SIP.
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    \4\EPA adopted 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 (See 56 FR 42216).
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    Rule 410.3 controls emissions of volatile organic compounds (VOCs) 
from solvent metal cleaning operations, and Rule 412 controls VOCs 
emitted during the transfer of gasoline into storage tanks and delivery 
vessels. 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 2. 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 Rule 410.3 is entitled, ``Control of Volatile Organic 
Emissions from Solvent Metal Cleaning,'' EPA-450/2-77-022. The CTG 
documents applicable to Rule 412 are entitled, ``Control of Volatile 
Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection 
Systems,'' EPA-450/2-78-051, and ``Control of Volatile Organic 
Emissions from Bulk Gasoline Plants,'' EPA-450/2-77-035. Further 
interpretations of EPA policy are found in the Blue Book, referred to 
in footnote 2. In general, these guidance documents have been set forth 
to ensure that VOC rules are fully enforceable and strengthen or 
maintain the SIP.
    KCAPCD Rule 410.3 includes the following significant changes from 
the current SIP rule:

    1. Adds an applicability statement, definitions, recordkeeping 
requirements and test methods.
    2. Adds certain operating requirements and equipment requirements.
    3. Deletes Executive Officer discretion in determining equivalent 
control systems.

    KCAPCD Rule 412 contains the following changes from the current SIP 
rule:
    1. Adds definitions, certain operating provisions, recordkeeping 
and test methods.
    2. Deletes certain exemptions and Executive Officer discretion in 
determining equivalency of storage tank emission controls.

    EPA has evaluated these submitted rules and has determined that 
they are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, KCAPCD Rule 410.3 and Rule 412 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 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).
    The Office of Management and Budget (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, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: October 11, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-26020 Filed 10-19-94; 8:45 am]
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