[Federal Register Volume 61, Number 30 (Tuesday, February 13, 1996)]
[Rules and Regulations]
[Pages 5515-5518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2971]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 140-5-7275a; FRL-5402-5]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Kern County Air Pollution Control 
District; Santa Barbara 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 (SIP). The revisions concern rules 
from the Santa Barbara County Air Pollution Control District (SBCAPCD) 
and the Kern County Air Pollution Control District (KCAPCD). 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 rules control VOC emissions from organic liquid loading 
and storage, and petroleum sumps, pits, and well cellars. Thus, EPA is 
finalizing the approval of these rules 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 April 15, 1996 unless adverse or 
critical comments are received by March 14, 1996. 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 also 
available for inspection at the following locations:

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 95812.
Kern County Air Pollution Control District, 2700 M Street, Suite 290, 
Bakersfield, CA 93301.
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, B-23, Goleta, CA 93117.

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3), 
Air and Toxics Division, U.S. 

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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: SBCAPCD 
Rule 344, Petroleum Sumps, Pits, and Well Cellars; KCAPCD Rule 411, 
Storage of Organic Liquids; and KCAPCD Rule 413, Organic Liquid 
Loading.

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 South Central Coast 
Air Basin and the San Joaquin Valley Air Basin.1 43 FR 8964, 40 
CFR 81.305. The South Central Coast Air Basin and the San Joaquin 
Valley Air Basin did not attain the ozone standard by their approved 
attainment dates.2 On May 26, 1988, EPA notified the Governor of 
California, pursuant to section 110(a)(2) of the 1977 Act, that the 
SBCAPCD and KCAPCD 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. 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.

    \1\  At the time, Kern County was included in the San Joaquin 
Valley Air Basin and the Southeast Desert Air Basin. The San Joaquin 
Valley Air Basin was designated as nonattainment and the Southeast 
Desert Air Basin was designated as unclassified.
    \2\  The South Central Coast Air Basin received an extension of 
its attainment date to December 31, 1987. Kern County's attainment 
date remained December 31, 1982.
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    On May 20, 1991, the San Joaquin Valley Unified Air Pollution 
Control District was formed. This district has authority over the San 
Joaquin Valley Air Basin Portion of Kern County. Thus, as of March 20, 
1991, the KCAPCD has authority over only 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 CAA 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 EPA's pre-amendment guidance.3 EPA's SIP-Call used 
that guidance to indicate the necessary corrections for specific 
nonattainment areas. The South Central Coast Air Basin is classified as 
moderate; therefore, this area was subject to the RACT fix-up 
requirement and the May 15, 1991 deadline. All of Kern County is 
classified as serious. However, the Southeast Desert Air Basin portion 
of Kern County was not a pre-amendment nonattainment area and, 
therefore, was not designated and classified upon enactment of the 
amended Act. For this reason, KCAPCD is not subject to the section 
182(a)(2)(A) RACT fix-up requirement. The KCAPCD is, however, still 
subject to the requirements of EPA's SIP-Call because the SIP-Call 
included all of Kern County.4 The substantive requirements of the 
SIP-Call are the same as those of the statutory RACT fix-up 
requirement.

    \3\  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).
    \4\  The South Central Coast Air Basin and the San Joaquin 
Valley Air Basin portion of the KCAPCD retained their nonattainment 
designations and were classified by operation of law pursuant to 
sections 107(d) and 181(a) upon the date of enactment of the CAA. 
The Southeast Desert Air Basin portion of the KCAPCD was designated 
nonattainment on November 6, 1991. See 56 FR 56694 (November 6, 
1991).
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    This notice addresses EPA's direct final action for SBCAPCD Rule 
344, Petroleum Sumps, Pits, and Well Cellars; KCAPCD Rule 411, Storage 
of Organic Liquids; and KCAPCD Rule 413, Organic Liquid Loading. 
SBCAPCD adopted Rule 344 on November 10, 1994, and the State of 
California submitted Rule 344 for incorporation into its SIP on January 
24, 1995. The submitted rule was found to be complete on February 24, 
1995, pursuant to EPA's completeness criteria that are set forth in 40 
CFR part 51, appendix V.5 KCAPCD Rule 411 and Rule 413 were both 
adopted on April 6, 1995, and submitted on May 25, 1995. These rules 
were found to be complete on July 24, 1995.

    \5\  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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    SBCAPCD Rule 344 controls VOC emissions from petroleum liquids in 
sumps, pits, and well cellars. KCAPCD Rule 411 controls VOCs from 
organic liquid storage tanks, and Rule 413 controls VOCs during organic 
liquid loading operations. VOCs contribute to the production of ground 
level ozone and smog. These rules were originally adopted as part of 
district efforts to achieve the National Ambient Air Quality Standard 
for ozone and in response to EPA's SIP-Call. The following is EPA's 
evaluation and direct 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 3. 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 SBCAPCD Rule 344 is ``Control of Refinery Vacuum 
Producing Systems, Wastewater Separators, and Process Unit 
Turnarounds,'' EPA 450/2-77-025. There are two CTGs applicable to 
KCAPCD Rule 411: ``Control of Volatile Organic Emissions from Petroleum 
Liquid Storage in External Floating Roof Tanks,'' EPA 450/2-78-047, and 
``Control of Volatile Organic Emissions from Petroleum Liquid Storage 
in Fixed Roof Tanks,'' EPA 450/2-77-036. The two CTGs applicable to 
KCAPCD Rule 413 are ``Control of Hydrocarbons from Tank Truck Gasoline 
Loading Terminals,'' EPA 450/2-77-026, 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 3. In general, these guidance documents have 
been set forth to ensure that VOC rules are fully 

[[Page 5517]]
enforceable and strengthen or maintain the SIP.
    SBCAPCD Rule 344 is a new rule which controls VOC emissions from 
the use of petroleum sumps, pits, and well cellars. The rule prohibits 
the use or installation of primary sumps. Pits and post-primary sumps 
must be either replaced by storage tanks or installed with well-
maintained covers.
    KCAPCD's submitted Rule 411 is an amended rule that includes the 
following significant changes from the current SIP:
     Adds definitions, recordkeeping requirements, and test 
methods.
     Deletes outdated compliance schedules.
     KCAPCD Rule 413 is also an amended rule and contains the 
following significant changes from the current SIP:
     Adds definitions, recordkeeping requirements, and test 
methods.
     Adds a VOC limit for bulk terminals, a pressure limit for 
delivery tanks, and a bottom loading requirement for bulk terminals.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SBCAPCD Rule 344, KCAPCD Rule 411, and KCAPCD Rule 413 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 action 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 April 15, 1996, unless, by March 14, 1996, 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 April 15, 1996.

Regulatory Process

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 direct 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.

Small Businesses

    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(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).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225), as revised by a July 
10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air 
and Radiation. 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: December 15, 1995.
David P. Howekamp,
Acting Regional Administrator.

    Subpart F of 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 paragraphs (c)(214)(i)(C)(2) 
and (c)(221) as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (214) * * *
    (i) * * *
    (C) * * *
    (2) Rule 344, adopted on November 10, 1994.
* * * * *
    (c) * * *
    (221) New and amended regulations for the following APCDs were 
submitted on May 25, 1995 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District. 
    
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    (1) Rule 411 and Rule 413, adopted on April 6, 1995.
* * * * *
[FR Doc. 96-2971 Filed 2-12-96; 8:45 am]
BILLING CODE 6560-50-W