[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Rules and Regulations]
[Pages 54941-54943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26573]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 083-0015a; FRL-5633-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Ventura County Air Pollution
Control District and South Coast 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 (SIP). The revisions concern rules
from the following Districts: Ventura County Air Pollution Control
District (VCAPCD) and South Coast Air Quality Management District
(SCAQMD). 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 the
storage and transfer of gasoline and organic liquid storage. 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 December 23, 1996 unless adverse or
critical comments are received by November 22, 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 rule revisions
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
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182
Ventura County Air Pollution Control District, 669 County Square Drive,
Second Floor, Ventura, CA 93003
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: SCAQMD
Rule 463, Organic Liquid Storage and VCAPCD Rule 70, Storage and
Transfer of Gasoline. These rules were submitted by the California Air
Resources Board (CARB) to EPA on May 24, 1994 and August 10, 1995,
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 Los Angeles-South
Coast Air Basin (LA Basin) and the Ventura County Area. 43 FR 8964, 40
CFR 81.305. 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. The LA Basin is classified as extreme and the
Ventura County Area is classified as severe 2; therefore, these
[[Page 54942]]
areas were 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 LA Basin and Ventura County Area have retained their
designation of nonattainment and were classified by operation of law
pursuant to sections 107(d) and 181(a) upon the date of enactment of
the CAA. 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 24, 1994 and August 10, 1995,
including the rules being acted on in this notice. This notice
addresses EPA's direct-final action for SCAQMD Rule 463, Organic Liquid
Storage and VCAPCD Rule 70, Storage and Transfer of Gasoline. SCAQMD
adopted Rule 463 on March 11, 1994 and VCAPCD adopted Rule 70 on May 9,
1995. These submitted rules were found to be complete on July 14, 1994
and October 4, 1995 pursuant to EPA's completeness criteria that are
set forth in 40 CFR part 51 Appendix V 3 and is 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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SCAQMD Rule 463 controls VOC emissions from above-ground stationary
tanks used for storage of organic liquids. VCAPCD Rule 70 reduces the
emission of VOCs from the storage and transfer of gasoline. VOCs
contribute to the production of ground level ozone and smog. These
rules were originally adopted as part of SCAQMD's and 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 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 CTGs
applicable to SCAQMD Rule 463 are entitled, ``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 Storage of Petroleum Liquids in Fixed-Roof Tanks'', (EPA
450/2-77-036). The CTGs applicable to VCAPCD Rule 70 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); and ``Control of Volatile
Organic Compound Leaks from Gasoline 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.
SCAQMD's submitted Rule 463, Organic Liquid Storage, includes the
following significant changes from the current SIP:
Emissions from all tanks must now be reduced by at least
90%. Requirements for coaxial Phase I vapor recovery systems, pressure
relief valves, and liquid removal devices have added;
Criteria for opening hatches for visual inspections of
delivery vehicles are defined;
Tanks with capacities less than 550 gallons are exempted
from the rule unless they are located at a retail service station;
The recordkeeping requirements have been updated;
Testing requirements and test methods have been included;
Several new definitions have been added to the rule:
Altered or repaired, balance system, CARB executive orders, insertion
interlock, mobile refueler, rebuilt equipment, Reid vapor pressure, top
off, vacuum assist system, and vapor tight.
VCAPCD's submitted Rule 70, Storage and Transfer of Gasoline,
includes the following significant changes from the current SIP:
The format of the rule was restructured to conform with
the standard format of subsequent rules;
An Applicability section was added to the rule to make its
format consistent with the standard format of subsequent District
rules;
The Definitions section was expanded to clarify the
meaning of terms used in the rule and to ensure that they are used
consistently throughout the rule;
The Requirements section was revised to: (1) Include a
self-inspection program; (2) delete the permit requirements for
replacement of floating roof tanks seals; (3) include floating roof
tank seals categories based on emission control effectiveness; and (4)
include a provision for emissions reporting to help streamline annual
emissions reporting, recordkeeping and tracking;
The revised rule includes specific Test Methods for use in
evaluating rule compliance or violations.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD Rule 473, Organic Liquid Storage and VCAPCD Rule 70,
Storage and Transfer of Gasoline 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 revisions
should adverse or critical comments be filed. This action will be
effective December 23, 1996, unless, by November 22, 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 December 23, 1996.
[[Page 54943]]
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 these rules 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 for 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 government 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 government 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.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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: September 30, 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]
Subpart F--California
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.220 is amended by adding paragraphs (c)(197)(i)(A)(2)
and (c)(224)(i)(B) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(197) * * *
(i) * * *
(A) * * *
(2) Rule 463, adopted on March 11, 1994.
* * * * *
(224) * * *
(i) * * *
(B) Ventura County Air Pollution Control District.
(1) Rule 70, adopted on May 9, 1995.
* * * * *
[FR Doc. 96-26573 Filed 10-22-96; 8:45 am]
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