[Federal Register Volume 69, Number 10 (Thursday, January 15, 2004)]
[Rules and Regulations]
[Pages 2300-2302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-836]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 289-0417a; FRL-7600-7]


Revision to the California State Implementation Plan, Monterey 
Bay 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 to approve a revision to the 
Monterey Bay Unified Air Pollution Control District (MBUAPCD) portion 
of the California State Implementation Plan (SIP). The revision 
concerns the emission of volatile organic compounds (VOC) from the 
transfer of gasoline at dispensing stations. We are approving a local 
rule that regulates this emission source under the Clean Air Act as 
amended in 1990 (CAA or the Act).

DATES: This rule is effective on March 15, 2004 without further notice, 
unless EPA receives adverse comments by February 17, 2004. 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: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105, or e-

[[Page 2301]]

mail to [email protected], or submit comments at http://www.regulations.gov.
    You can inspect a copy 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 a copy 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.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Court, Monterey, CA 93940.

    A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not 
an EPA Web site and may not contain the same version of the rule that 
was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 947-4118, 
[email protected].

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

Table of Contents

I. The State's Submittal
    A. What Rule did the State Submit?
    B. Are There Other Versions of this Rule?
    C. What is the Purpose of the Submitted Rule Revisions?
II. EPA's Evaluation and Action
    A. How is EPA Evaluating the Rule?
    B. Does the Rule Meet the Evaluation Criteria?
    C. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rule Did the State Submit?

    Table 1 lists the rule we are approving with the date that it was 
adopted by the local air agency and submitted by the California Air 
Resources Board (CARB).

                                            Table 1.--Submitted Rule
----------------------------------------------------------------------------------------------------------------
             Local agency                Rule No.            Rule title               Amended        Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD...............................       1002  Transfer of Gasoline into            04/16/03        08/11/03
                                                    Vehicle Fuel Tanks.
----------------------------------------------------------------------------------------------------------------

    On October 10, 2003, this submittal was 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 This Rule?

    We granted a limited approval/limited disapproval to MBUAPCD Rule 
1002, originally adopted on February 22, 1989, into the SIP on July 25, 
2001 (66 FR 38561).

C. What Is the Purpose of the Submitted Rule Revisions?

    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.
    The purpose of revisions to Rule 1002 is to correct the 
deficiencies cited in the limited approval/limited disapproval of July 
25, 2001 as described below:
    [sbull] (Deficiency: The maintenance inspection checklist has an 
incorrect reference and the components of the checklist are not 
identified.) 3.3.2: The inspection checklist is now stated to be one 
developed by the District or an equivalent one approved by the 
District.
    [sbull] (Deficiency: Specific EPA-approved test methods for 
reverification of performance tests should be provided for, at a 
minimum, a static leak test, a dynamic back pressure test, an air-to-
liquid volume ratio test, and a liquid removal rate test.) 4.7.1: The 
appropriate specific test methods are provided.
    [sbull] (Deficiency: Performance test records, reverification of 
performance test records, maintenance records and throughput records 
(if an exemption is claimed) should be maintained for at least two 
years.) 4.5: Retention of appropriate records is required for two 
years.
    [sbull] In addition, some definitions were added, specific 
requirements for driveoffs were added, and specific requirements for 
testing personnel were added.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
major sources in nonattainment areas (see section 182(a)(2)(A)), and 
must not relax existing requirements (see sections 110(l) and 193). 
Gasoline dispensing sources in ozone nonattainment areas must have 
gasoline vapor recovery equipment (see section 182(a)(3)(A)). The 
MBUAPCD regulates an ozone maintenance attainment area (see 40 CFR part 
81). Rule 1002 is therefore not required to fulfill RACT or have vapor 
recovery equipment, unless required in the maintenance attainment plan. 
However, Rule 1002 does fulfill RACT and does require vapor recovery 
equipment.
    The following guidance documents were used for reference:
    [sbull] Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    [sbull] Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations, U.S. EPA, OAQPS (May 25, 1988). (The Bluebook)
    [sbull] Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, EPA Region IX (August 21, 2001). (The Little Bluebook)
    [sbull] EPA Draft Model Rule, Gasoline Dispensing Facility-Stage II 
Vapor Recovery, U.S. EPA (August 17, 1992).
    [sbull] Gasoline Vapor Recovery Guidelines, EPA Region IX (April 
24, 2000).

B. Does the Rule Meet the Evaluation Criteria?

    We believe Rule 1002 is consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations, fulfilling RACT 
requirements, and fulfilling vapor recovery equipment requirements. The 
TSD has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted rule because we believe it fulfills 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 February 17, 2004, we will publish a timely 
withdrawal in the Federal Register to notify the public

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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 March 15, 2004. This will 
incorporate SJVUAPCD Rule 1002 into the federally-enforceable SIP. 
There are no sanction or FIP clocks associated with our previous action 
on this rule.

III. Statutory and Executive Order Reviews

    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 13211, 
``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 tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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). This action 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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. 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. 
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 March 15, 2004. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 2, 2003.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(320)(i)(A)(2) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (320) * * *
    (i) * * *
    (A) * * *
    (2) Rule 1002, adopted on February 22, 1989 and revised on April 
16, 2003.
* * * * *
[FR Doc. 04-836 Filed 1-14-04; 8:45 am]
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