[Federal Register Volume 60, Number 161 (Monday, August 21, 1995)]
[Rules and Regulations]
[Pages 43383-43386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20594]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 126-1-7083a; FRL-5267-7]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, El Dorado County Air Pollution 
Control District and Yolo-Solano Air Quality Management 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 following districts: the El Dorado County Air Pollution Control 
District (EDCAPCD) and the Yolo-Solano Air Quality Management District 
(YSAQMD). 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). The revised rules control VOC emissions from 
cutback and emulsified asphalt and the storage and transfer of organic 
liquids. 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 final rule is effective on October 20, 1995 unless adverse 
or critical comments are received by September 20, 1995. If the 
effective date is delayed, a timely notice will be published in the 
Federal Register.

 
[[Page 43384]]

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, 
S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
El Dorado County Air Pollution Control District, 2850 Fairlane Court, 
Placerville, CA 95667.
Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 
103, Davis, CA 95616.

FOR FURTHER INFORMATION CONTACT: Duane F. James, 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) 744-1191.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being approved into the California SIP include: the 
EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt Paving 
Materials,'' and the YSAQMD's Rule 2.21, ``Vapor Control for Organic 
Liquid Storage and Transfer.'' These rules were submitted by the 
California Air Resources Board to EPA on November 30, 1994.

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 portions of El Dorado and 
Yolo-Solano Counties in the Sacramento Metro 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 52.222). On May 26, 1988, EPA 
notified the Governor of California, pursuant to section 110(a)(2)(H) 
of the 1977 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. 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. At the time of enactment of the amendments, the 
Sacramento Metro Area was classified as serious; 2 therefore, 
these areas were subject to the RACT fix-up requirement and the May 15, 
1991 deadline.

    \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 Sacramento Metro Area was reclassified from serious to 
severe on June 1, 1995. See 60 FR 20237 (April 25, 1995).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on November 30, 1994, including the rules 
being acted on in this notice. This notice addresses EPA's direct-final 
action for the EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt 
Paving Materials'' and the YSAQMD's Rule 2.21, ``Vapor Control for 
Organic Liquid Storage and Transfer.'' The EDCAPCD adopted Rule 224 on 
September 27, 1994, and the YSAQMD adopted Rule 2.21 on March 23, 1994. 
These submitted rules were found to be complete on January 30, 1995, 
pursuant to EPA's completeness criteria that are set forth in 40 CFR 
part 51 Appendix V 3 and are being finalized for approval into the 
SIP.

    \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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    The EDCAPCD's Rule 224 prohibits the discharge of volatile organic 
compounds (VOCs) to the atmosphere from the manufacture, mixing, 
storage or use of cutback or emulsified asphalt for road paving, 
construction or maintenance purposes. The YSAQMD's Rule 2.21 limits the 
emissions of volatile organic compounds (VOCs) from the storage and 
transfer of organic liquids. VOCs contribute to the production of 
ground level ozone and smog. These rules were originally adopted as 
part of the EDCAPCD's and the YSAQMD'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 final action for these rules.

EPA Evaluation and 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 EDCAPCD's Rule 224 is entitled, ``Control of Volatile 
Organic Compounds from Use of Cutback Asphalt (EPA-450/2-77-037).'' The 
CTGs applicable to YSAQMD's Rule 2.21 are entitled, ``Control of 
Hydrocarbons from Tank Truck Gasoline Loading Terminals (EPA-450/2-77-
026),'' ``Control of Volatile Organic Emissions from Bulk Gasoline 
Plants (EPA-450/2-77-035),'' ``Control of Volatile Organic Emissions 
from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-
036),'' ``Control of Volatile Organic Emissions from Petroleum Liquid 
Storage in External Floating Roof Tanks (EPA-450/2-78-047),'' and 
``Control of Volatile Organic Compound Leaks from Gasoline 

[[Page 43385]]
Tank Trucks and Vapor Collection Systems (EPA-450/2-78-051).'' 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.
    The EDCAPCD's submitted Rule 224, ``Cutback and Emulsified Asphalt 
Paving Materials,'' includes the following significant changes from the 
current SIP:
     The definitions of cutback asphalt, penetrating prime 
coat, and VOC have been updated to be consistent with EPA guidelines 
and policy. The definition for ozone season has been deleted since the 
term is no longer used in the rule.
     The provision allowing Executive Officer discretion for 
the approval of alternative test methods has been deleted.
     The ASTM methods referenced now include their dates of 
adoption/revision.
     The recordkeeping requirements have been significantly 
improved. The rule explicitly requires daily records. Records of final 
destinations are now required for the shipping of asphalt products. 
Test method results are required to be recorded.
    The YSAQMD's submitted Rule 2.21, ``Vapor Control for Organic 
Liquid Storage and Transfer,'' includes the following significant 
changes from the current SIP:
     The YSAQMD's Rule 2.21.1, ``Storage of Organic Liquids,'' 
has been rescinded and its requirements incorporated into Rule 2.21.
     The rule's applicability has been clarified. Exemptions 
are clearly identified in this section.
     The following definitions have been added to the rule: 
background, efficiency, gas tight, gasoline, leak free, loading 
facility, maintenance, organic liquid, storage container, submerged 
fill pipe, vapor tight, and viewport.
     The vapor recovery emission standard for organic liquid 
loading has been tightened to 0.08 lb/1000 gallons from 0.65 lb/1000 
gallons. The vapor control requirement for organic liquid storage has 
increased from 90% to 95%.
     The requirements for the inspection of primary and 
secondary seals are provided in this section.
     The recordkeeping requirements have been updated. 
Appropriate test methods are referenced correctly.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, the EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt 
Paving Materials,'' and the YSAQMD's Rule 2.21, ``Vapor Control for 
Organic Liquid Storage and Transfer,'' 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 notice 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. This action will be 
effective October 20, 1995, unless, by September 20, 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 notice 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 October 20, 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).
Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Part D of the Clean Air 
Act. These rules may bind State, local, and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. The rules being approved by this action will impose no 
new requirements because affected sources are already subject to these 
regulations under State law. Therefore, no additional costs to State, 
local, or tribal governments or to the private sector result from this 
action. EPA has also determined that this final action does not include 
a mandate that may result in estimated costs of $100 million or more to 
State, local, or tribal governments in the aggregate or to the private 
sector.
    The 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, 
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: July 21, 1995.
John Wise,
Acting Regional Administrator.
    Part 52, chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

[[Page 43386]]


PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

Subpart F--California

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

    2. Section 52.220 is amended by adding paragraphs (c)(207)(i) (B) 
and (C) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (207) * * *
    (i) * * *
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 224, adopted on September 27, 1994.
    (C) Yolo-Solano Air Quality Management District.
    (1) Rule 2.21, adopted on March 23, 1994.
* * * * *
[FR Doc. 95-20594 Filed 8-18-95; 8:45 am]
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