[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19555-19558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10565]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 070-0001a; FRL-5451-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, San Joaquin Valley Unified 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 San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD). 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 the
transfer of gasoline into stationary storage containers, delivery
vessels, bulk plants, and vehicle fuel tanks. 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 July 1, 1996, unless adverse or
critical comments are received by June 3, 1996. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rule revisions 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.
San Joaquin Valley Unified Air Pollution Control District, 1999
Tuolumne Street, Fresno, CA 93721.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section
(A-5-3), Air and Toxics Division, U.S.
[[Page 19556]]
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105, Telephone: (415) 744-1197.
SUPPLEMENTARY INFORMATION:
Applicability
The SJVUAPCD rules being approved into the California SIP include:
Rule 4621, Gasoline Transfer into Stationary Storage containers,
Delivery Vessels, and Bulk Plants, and Rule 4622, Transfer of Gasoline
into Vehicle Fuel Tanks. These rules were submitted by the California
Air Resources Board (CARB) to EPA on November 18, 1993 and May 24,
1994, respectively.
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 San Joaquin Valley Air
Basin which includes the following eight air pollution control
districts (APCDs): Fresno County APCD, Kern County APCD,1 King
County APCD, Madera County APCD, Merced County APCD, San Joaquin County
APCD, Stanislaus County APCD, and Tulare County APCD. 43 FR 8964, 40
CFR 81.305. The SJVUAPCD has authority over the San Joaquin Valley Air
Basin which includes all the above eight counties except for the
Southeast Desert Air Basin portion of Kern County. 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, 1987.2 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.
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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 CFR
81.305 (1991).
\2\ This extension was not requested for the following counties:
Kern, Kings, Madera, Merced and Tulare. Thus, the attainment date
for these counties remained December 31, 1982.
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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.3 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. The San Joaquin Valley Air Basin is classified as
serious 4; therefore, this area was subject to the RACT fix-up
requirement and the May 15, 1991 deadline.
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\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 San Joaquin Valley Air Basin was 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 and May 24, 1994,
including the rules being acted on in this document. This document
addresses EPA's direct-final action for SJVUAPCD Rule 4621, Gasoline
Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk
Plants, and Rule 4622, Transfer of Gasoline into Vehicle Fuel Tanks.
SJVUAPCD adopted Rule 4621 on May 20, 1993 and Rule 4622 on February
17, 1994. These submitted rules were found to be complete on December
23, 1993 and July 14, 1994, respectively, pursuant to EPA's
completeness criteria that are set forth in 40 CFR part 51, Appendix V
5 and are being finalized for approval into the SIP.
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\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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Rule 4621 limits VOC emissions from the transfer of gasoline into
stationary storage containers, delivery vessels, and gasoline bulk
plants. Rule 4622 limits VOC emissions in gasoline vapors during the
transfer of gasoline into vehicle fuel tanks. VOCs contribute to the
production of ground level ozone and smog. These rules were originally
adopted as part of SJVUAPCD'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 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 Rule 4621 is entitled, Control of Volatile Organic
Emissions from Bulk Gasoline Plants, EPA-450/2-77-035; and Control of
Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor
Collection Systems, EPA-450/2-78-051. Rule 4622 was compared to EPA's
draft model Stage II Rule, dated August 17, 1992. 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.
SJVUAPCD's submitted Rule 4621, Gasoline Transfer into Stationary
Storage Containers, Delivery Vessels, and Bulk Plants includes the
following significant changes from the current SIP, Rule 411.1, Storage
of Gasoline into Stationary Storage Containers:
The scope of the rule was expanded to include delivery
vessels and bulk plants.
The definitions section was expanded for rule clarity.
[[Page 19557]]
The exemption section was revised to include a limited
exemption for delivery vessels.
A requirement was added for gasoline bulk plants.
Recordkeeping and test method requirements were added.
The compliance schedule was revised.
SJVUAPCD Rule 4622, Transfer of Gasoline into Vehicle Fuel Tanks,
includes the following significant changes from the current SIP Rule
411.2:
An applicability and purpose statement was added to the
rule for clarity.
The definitions section was expanded.
Recordkeeping and test method requirements were added.
The compliance schedule was revised.
SJVUAPCD Rules 4621 and 4622 were amended and renumbered several
times. A detailed description and history of each rule is contained in
the associated technical support document, dated February 8, 1996.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SJVUAPCD Rule 4621, Gasoline Transfer into Stationary
Storage Containers, Delivery Vessels, and Bulk Plants, and Rule 4622,
Transfer of Gasoline into Vehicle Fuel Tanks 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. This action will be
effective July 1, 1996, unless, by June 3, 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 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 July 1, 1996.
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. Sec. Sec. 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.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the 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 (OMB) 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: March 24, 1996.
Felicia Marcus,
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)(194)(i)(C)(2)
and (197)(i)(C) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(194) * * *
(i) * * *
(C) * * *
(2) Rule 4621, adopted on May 20, 1993.
* * * * *
(197) * * *
(i) * * *
(C) San Joaquin Valley Unified Air Pollution Control District.
[[Page 19558]]
(1) Rule 4622, adopted on February 17, 1994.
* * * * *
[FR Doc. 96-10565 Filed 5-1-96; 8:45 am]
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