[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Rules and Regulations]
[Pages 44974-44978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21438]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 248-0288a; FRL-7028-7]


Revisions to the California State Implementation Plan, El Dorado 
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 to approve revisions to the 
El Dorado County Air Pollution Control District (EDCAPCD) portion of 
the

[[Page 44975]]

California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from Phase I gasoline 
transfer into stationary storage tanks/Phase II gasoline transfer into 
vehicle fuel tanks, organic liquid loading, and valves and flanges. We 
are approving local rules and approving the recision of local rules 
that regulate these emission sources under the Clean Air Act as amended 
in 1990 (CAA or the Act). We are also approving a negative declaration 
that concerns VOC emissions from bulk terminal facilities or external 
or internal floating roof tank sources. The EDCAPCD has certified that 
these source categories are not present in the District and this 
negative declaration is being added to the federally-approved SIP.

DATES: This rule is effective on October 26, 2001 without further 
notice, unless EPA receives adverse comments by September 26, 2001. If 
we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105.
    You can inspect copies of the submitted rule revisions and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted rule revisions 
and TSD at the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814
El Dorado County Air Pollution Control District, 2850 Fairlane Court, 
Building C, Placerville, CA 95667

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (415) 744-1135.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What are the purposes of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules
    D. Public comment and final action
III. Background Information
    A. Why were these rules submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving or rescinding and the 
negative declaration we are approving with the dates that they were 
adopted or rescinded by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                               Adopted or
      Local agency               Rule No.                Rule title            (rescinded)         Submitted
----------------------------------------------------------------------------------------------------------------
EDCAPCD                  238....................  Gasoline Transfer and    03/27/01..........  05/23/01
                                                   Dispensing.
EDCAPCD                  244....................  Organic Liquid Loading   03/27/01..........  05/23/01
                                                   and Transport Vessels.
EDCAPCD                  245....................  Valves and Flanges.....  03/27/01..........  05/23/01
EDCAPCD                  900....................  Definitions............  03/27/01            05/23/01
                                                                            (Rescinded).
EDCAPCD                  901....................  Submerged Fill Pipe....  03/27/01            05/23/01
                                                                            (Rescinded).
EDCAPCD                  902....................  Phase I Vapor Recovery   03/27/01            05/23/01
                                                   Requirements.            (Rescinded).
EDCAPCD                  903....................  Phase II Vapor Recovery  03/27/01            05/23/01
                                                   System Requirements.     (Rescinded).
EDCAPCD                  904....................  Operation and            03/27/01            05/23/01
                                                   Maintenance.             (Rescinded).
EDCAPCD                  905....................  Delivery Vessels         03/27/01            05/23/01
                                                   Equipped with Vapor      (Rescinded).
                                                   Recovery.
EDCAPCD                  906....................  Transfer Provisions....  03/27/01            05/23/01
                                                                            (Rescinded).
EDCAPCD                  907....................  Delivery Vessels Not     03/27/01            05/23/01
                                                   Equipped with Vapor      (Rescinded).
                                                   Recovery.
EDCAPCD                  908....................  Vapor Collection and     03/27/01            05/23/01
                                                   Disposal System at       (Rescinded).
                                                   Loading Facilities.
EDCAPCD                  909....................  Standards..............  03/27/01            05/23/01
                                                                            (Rescinded).
EDCAPCD                  910....................  New or Modified Bulk     03/27/01            05/23/01
                                                   Petroleum Facilities.    (Rescinded).
EDCAPCD                  911....................  Test Methods...........  03/27/01            05/23/01
                                                                            (Rescinded).
EDCAPCD                  912....................  Administrative.........  03/27/01            05/23/01
                                                                            (Rescinded).
EDCAPCD                  913....................  Compliance.............  03/27/01            05/23/01
                                                                            (Rescinded).
EDCAPCD                  914....................  Application and Permit   03/27/01            05/23/01
                                                   Requirement.             (Rescinded).
EDCAPCD                  Neg Dec................  Bulk Terminal            04/03/01..........  05/23/01
                                                   Facilities or External
                                                   or Internal Floating
                                                   Roof Tank Sources.
----------------------------------------------------------------------------------------------------------------

    On July 3, 2001, these submittals were found to meet the 
completeness criteria in 40 CFR part 51 Appendix V, which must be met 
before formal EPA review.

B. Are There Other Versions of These Rules?

    We approved a version of Rule 238 into the SIP on October 1, 1999 
(64 FR 53210) as Rules 900, 901, 902, 903, and 904. We approved a 
version of Rule 244 into the SIP on October 1, 1999 (64 FR 53210) as 
Rules 905, 906, 907, 908, 910, 911, and 912. There are no previous 
versions of Rule 245 in the SIP. Rules 909, 913, and 914 were approved 
into the SIP on October 1, 1999 (64 FR 53210) and are now submitted for 
recision.

C. What Are the Purposes of the Submitted Rule Revisions?

    The purposes of the revisions contained in Rule 238 are to:
     Remedy the deficiencies cited in the limited approval and 
limited disapproval of October 1, 1999 (64 FR 53210). Most of these 
deficiencies addressed enforceability problems.
     Simplify by combining five rules into one.
     Revise the rule to include new CARB standards, 
reverification testing, inspection procedures, test methods, and 
recordkeeping.
    The purposes of the revisions contained in Rule 244 are to:
     Remedy the deficiencies cited in the limited approval and 
limited disapproval of October 1, 1999 (64 FR

[[Page 44976]]

53210). Most of these deficiencies addressed enforceability problems.
     Simplify by combining seven rules into one.
    The purpose of new Rule 245 is to:
     Require that valves and flanges in a petroleum refinery, 
chemical plant, or oil production field handling VOCs shall be 
inspected and repaired according to specific requirements and that 
records be kept for five years.
    The purposes of rescinding Rules 909, 913, and 914 are, 
respectively, to remove a rule without any applications to regulate, to 
remove a local enforcement rule not appropriate for the SIP, and to 
remove a permitting rule that has already been replaced.
    The purpose of the negative declaration is to certify that there 
are no sources in the District in the categories of bulk terminal 
facilities or external or internal floating roof tanks. The TSD has 
more information about all of these rules.

II. EPA's Evaluation and Actions

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
CAA), must require Reasonably Available Control Technology (RACT) for 
major sources in nonattainment areas (see section 182(a)(2)(A) and 
182(b)(3)(A)), and must not relax existing requirements (see sections 
110(l) and 193). The EDCAPCD regulates a severe ozone nonattainment 
area (see 40 CFR part 81), so Rules 238, 244, and 245 must fulfill the 
requirements of RACT.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:
     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 
published in the May 25, 1988 Federal Register.
    Rule 238 was also evaluated against the EPA Draft Model Rule, 
Gasoline Dispensing Facility--Stage II Vapor Recovery (August 17, 
1992). In evaluating RACT, EPA also considered information published 
since the 1992 Draft Model Rule, including documents associated with 
development of CARB's Enhanced Vapor Recovery Guidelines (March 23, 
2000) and South Coast Air Quality Managements District's Draft Rule 
461, Gasoline Transfer and Dispensing (December 15, 1999). EPA, Region 
IX, has summarized RACT requirements in the Draft Gasoline Vapor 
Recovery Guidelines (April 24, 2000).

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. All of 
the deficiencies identified in our previous limited approval and 
limited disapproval action have been adequately addressed as follows:
     (Lack of a specific definition of the facilities to which 
the rules apply.) Applicability statements were added to all submitted 
rules.
     (Improper definition of test methods.) Appropriate test 
methods were added to all submitted rules.
     (Control Officer discretion to require unspecified control 
equipment.) A CARB certified vapor recovery system is required in Rule 
238 and is an alternate requirement in Rule 244. The other alternate in 
Rule 244, where a CARB-certified system is not required, is to have the 
same vapor recovery as a CARB-certified system and obtain District 
approval. Control equipment is not relevant to Rule 245.
     (A higher throughput exemption than allowed by section 
182(b)(3) of the CAA.) Throughput exemptions are not now used in any of 
the submitted rules.
    Rules 238 and 245 are more stringent than the corresponding 
existing SIP requirements. Rule 244 is less stringent than the 
corresponding existing SIP requirements, due to the decreased vapor 
recovery system efficiency.\1\ However, this decrease in efficiency is 
more than offset by the increased stringency of Rules 238 and 245. 
Therefore, the combined submittal of Rules 238, 244, and 245 are given 
full approval as a strengthening of the SIP.
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    \1\Reducing the vapor recovery system efficiency of displaced 
vapors was an oversight related to changing the units of measure. 
EDCAPCD has committed to restoring the required vapor recovery 
system efficiency to 0.08 pounds per 1,000 gallons (99% of displaced 
vapors).
---------------------------------------------------------------------------

    Rescinded Rules 900, 901, 902, 903, and 904 are replaced by Rule 
238. Rescinded Rules 905, 906, 907, 908, 910, 911, and 912 are replaced 
by Rule 244. Rescinded Rule 914 is replaced by SIP Rule 501.
    Rescinded Rule 913 is not replaced. Rule 913 concerns local 
enforcement authority which is not appropriate for the SIP, because EPA 
independently has this authority.
    Rescinded Rule 909 is not replaced. A Negative Declaration 
certifying that the EDCAPCD does not have any Bulk Terminal Facility or 
External or Internal Floating Roof Tank Sources regulated by Rule 909 
is approved. The Negative Declaration is provided to show that there is 
no such source in the District that needs to meet the requirements of 
RACT and to demonstrate that there is no relaxation of the SIP by 
rescinding Rule 909. The TSD has more information on our evaluations.

C. EPA Recommendations To Further Improve the Rules

    The TSD describes additional rule revisions that do not affect 
EPA's current action but are recommended for the next time the local 
agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this, so 
we are finalizing the approval without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by September 26, 2001, we will publish a 
timely withdrawal in the Federal Register to notify the public that the 
direct final approval will not take effect and we will address the 
comments in a subsequent final action based on the proposal. If we do 
not receive timely adverse comments, the direct final approval will be 
effective without further notice on October 26, 2001. This will 
incorporate these rules into the federally-enforceable SIP.

III. Background Information

A. Why Were These Rules Submitted?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Section 110(a) of the CAA requires states 
to submit regulations that control VOC emissions. Table 2 lists some of 
the national milestones leading to the submittal of these local agency 
VOC rules.

[[Page 44977]]



                Table 2.--Ozone Nonattainment Milestones
------------------------------------------------------------------------
                     Date                                Event
------------------------------------------------------------------------
March 3, 1978................................  EPA promulgated a list of
                                                ozone nonattainment
                                                areas under the Clean
                                                Air Act as amended in
                                                1977. 43 FR 8964; 40 CFR
                                                81.305.
May 26, 1988.................................  EPA notified Governors
                                                that parts of their SIPs
                                                were inadequate to
                                                attain and maintain the
                                                ozone standard and
                                                requested that they
                                                correct the deficiencies
                                                (EPA's SIP-Call). See
                                                section 110(a)(2)(H) of
                                                the pre-amended CAA.
November 15, 1990............................  Clean Air Act Amendments
                                                of 1990 were enacted.
                                                Pub. L. 101-549, 104
                                                Stat. 2399, codified at
                                                42 U.S.C. 7401-7671q.
May 15, 1991.................................  Section 182(a)(2)(A)
                                                requires that ozone
                                                nonattainment areas
                                                correct deficient RACT
                                                rules by this date.
------------------------------------------------------------------------

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 32111, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit 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 United States 
prior to publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 26, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(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.

    Dated: July 31, 2001.
Jane Diamond,
Acting Regional Administrator, Region IX.

    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 et seq.

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs 
(c)(183)(i)(H)(2), (183)(i)(H)(3), (183)(i)(H)(4), (183)(i)(H)(5), 
(183)(i)(H)(6), and (281) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (183) * * *
    (i) * * *
    (H) * * *

[[Page 44978]]

    (2) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rules 900, 901, 902, 
903, and 904 (now replaced by Rule 238).
    (3) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rules 905, 906, 907, 
908, 910, 911, and 912 (now replaced by Rule 244).
    (4) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rule 909 (now 
replaced by a Negative Declaration adopted on April 3, 2001).
    (5) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted without replacement 
Rule 913.
    (6) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rule 914 (now 
replaced by Rule 501).
* * * * *
    (281) New and amended regulations for the following APCDs were 
submitted on May 23, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) El Dorado County Air Pollution Control District.
    (1) Rules 238, 244, and 245, adopted on March 27, 2001.
* * * * *

    3. Section 52.222 is amended by adding paragraph (a)(7)(i) to read 
as follows:


Sec. 52.222  Negative Declarations.

* * * * *
    (a) * * *
    (7) El Dorado County Air Pollution Control District.
    (i) Bulk Terminal Facilities or External or Internal Floating Roof 
Tank Sources was submitted on May 23, 2001 and adopted on April 3, 
2001.
* * * * *
[FR Doc. 01-21438 Filed 8-24-01; 8:45 am]
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