[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30610]


[[Page Unknown]]

[Federal Register: December 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 71-6-6615a; FRL-5114-9]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Ventura County Air Pollution 
Control 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 Ventura County Air Pollution Control District (VCAPCD). 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). These rules control VOC emissions from gasoline transfer 
operations and from sumps, pits, ponds and well cellars during the 
production, gathering, separation, processing, and storage of crude oil 
or petroleum material. 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 action is effective on February 13, 1995 unless adverse or 
critical comments are received by January 13, 1995. If the effective 
date is delayed, a timely notice will be published in the Federal 
Register.

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, 
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.
Ventura County Air Pollution Control District, 702 County Square 
Drive, Ventura, CA 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 approved into the California SIP include: VCAPCD 
Rule 70, Storage and Transfer of Gasoline; Rule 71, Crude Oil and 
Reactive Organic Compound Liquids; and Rule 71.4, Petroleum Sumps, 
Pits, Ponds, and Well Cellars. These rules were submitted by the 
California Air Resources Board (CARB) to EPA on November 18, 1993.

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 the Ventura County Area. 
43 FR 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 52.222). On May 26, 1988, 
EPA notified the Governor of California, pursuant to section 110(a)(2) 
of the 1977 Act, that VCAPCD'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.
    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 Ventura County Area is classified as 
severe;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 Ventura County Area 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 55 FR 56694 (November 6, 1991).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on November 18, 1993, including the rules 
being acted on in this document. This document addresses EPA's direct 
final action for VCAPCD Rule 70, Storage and Transfer of Gasoline; Rule 
71, Crude Oil and Reactive Organic Compound Liquids; and Rule 71.4, 
Petroleum Sumps, Pits, Ponds, and Well Cellars. VCAPCD adopted Rule 70 
on May 4, 1993, and adopted Rules 71 and 71.4 on June 8, 1993. These 
submitted rules were found to be complete on December 23, 1993 pursuant 
to EPA's completeness criteria that are set forth in 40 CFR part 51, 
appendix V3 and are being finalized 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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    Rule 70 controls emissions of volatile organic compounds (VOCs) 
during the loading and transfer of gasoline. Rule 71 contains only 
definitions, many of which are referenced in Rule 71.4. Rule 71.4 
controls VOCs from petroleum materials in sumps, pits, ponds, and well 
cellars. VOCs contribute to the production of ground level ozone and 
smog. These rules were originally adopted as part of VCAPCD's effort 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

    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 
documents applicable to Rule 70 are entitled, ``Control of Volatile 
Organic Emissions from Bulk Gasoline Plants,'' EPA-450/2-77-035; 
``Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks 
and Vapor Collection Systems,'' EPA-450/2-78-051; and ``Control of 
Hydrocarbons from Tank Truck Gasoline Loading Terminals,'' EPA-450/2-
77-026. There is no applicable CTG document for Rules 71 and 71.4. For 
source categories where EPA did not publish a CTG, the air pollution 
control agency may determine what controls are required to satisfy the 
RACT requirement by reviewing the operations of facilities with the 
affected source category. In that review, the technological and 
economic feasibility of the proposed controls are considered. 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.
    VCAPCD's submitted Rule 70, Storage and Transfer of Gasoline, 
includes the following significant changes from the current SIP:

--Deletion of Executive Officer discretion in approving equivalent 
vapor control systems.
--Expansion of rule applicability to cover more sources.
--Addition of operation and maintenance requirements, definitions, and 
more specific recordkeeping requirements.

    The only changes to VCAPCD Rule 71, Crude Oil and Reactive Organic 
Compound Liquids, are the addition of a definition for the term ``crude 
oil,'' and a clarification to the definition of ``petroleum material.''
    VCAPCD Rule 71.4 is a new rule for which there is no current SIP 
rule. The major provisions of Rule 71.4 are listed below:

--The use of first stage production sumps is prohibited.
--Properly installed and maintained covers are required for sumps, 
pits, and ponds.
--Storage of petroleum materials in well cellars is prohibited except 
during equipment maintenance or well workover.
--Recordkeeping requirements and test methods are specified to verify 
rule applicability.

    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, VCAPCD Rule 70, Storage and Transfer of Gasoline; Rule 71, 
Crude Oil and Reactive Organic Compound Liquids; and Rule 71.4, 
Petroleum Sumps, Pits, Ponds, and Well Cellars, 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 document 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. The direct final action 
will be effective February 13, 1995, unless, by January 13, 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 document 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 Feburary 13, 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).
    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

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: November 18, 1994.
David P. Howekamp,
Acting Regional Administrator.

    Part 52, chapter I, 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)(194) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (194) New and amended regulations for the following APCDs were 
submitted on November 18, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8, 
1993; and Rule 71.4, adopted on June 8, 1993.
* * * * *
[FR Doc. 94-30610 Filed 12-13-94; 8:45 am]
BILLING CODE 6560-50-W