Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OAQPS CA 22-9-6559; FRL-5016-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; South Coast Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing to approve revisions to the California State

Implementation Plan (SIP) that concern the control of emissions of

volatile organic compounds (VOCs) from operations related to the

loading of marine tank vessels. The intended effect of proposing

approval of this rule is to regulate emissions of VOCs in accordance

with the requirements of the Clean Air Act, as amended in 1990 (CAA or

the Act). EPA's final action on this notice of proposed rulemaking

(NPRM) will incorporate this rule into the federally approved SIP. EPA

has evaluated Rule 1142 and is proposing to approve it 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: Comments must be received on or before August 18, 1994.

ADDRESSES: Comments may be mailed to: Daniel A. Meer, Rulemaking

Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

Copies of the rule revision and EPA's evaluation report of rule

1142 are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rule revision are

also available for inspection at the following locations:

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-

1200.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being proposed for approval into the California SIP is

South Coast Air Quality Management District (SCAQMD) Rule 1142, Marine

Tank Vessel Operations. This rule was submitted by the California Air

Resources Board (CARB) to EPA on January 28, 1992.

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 CAA or pre-amended Act), that included the Los Angeles-South

Coast Air Basin. 43 CFR 8964, 40 CFR 81.305. Because this area was

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. 40 CFR 52.238.

On May 26, 1988, EPA notified the Governor of California, pursuant to

section 110(a)(2)(H) of the pre-amended Act, that the above district's

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 Los Angeles-South Coast Air Basin is

classified as extreme;2 therefore, this area was 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 Los Angeles-South Coast Air Basin 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 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 January 28, 1992, including the rule

being acted on in this document. This document addresses EPA's proposed

action for SCAQMD Rule 1142, Marine Tank Vessel Operations. Rule 1142

was adopted by SCAQMD on July 19, 1991. This submitted rule was found

to be complete on April 3, 1992, pursuant to EPA's completeness

criteria that are set forth in 40 CFR Part 51 Appendix V3 and is

being proposed 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 1142 requires all marine vessels to limit emissions of

VOCs during loading, lightering, ballasting, and housekeeping events.

VOCs contribute to the production of ground level ozone and smog. The

rule was adopted as part of SCAQMD's efforts 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 proposed action for this rule.

EPA Evaluation and Proposed 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). Rule 1142

controls emissions from a source category for which EPA has not issued

a CTG. Accordingly, Rule 1142 was evaluated against the general RACT

requirements of the CAA (section 110 and part D), 40 CFR Part 51, the

Blue Book referenced in footnote 1 and other EPA policy. In general,

these guidance documents have been set forth to ensure that VOC rules

are fully enforceable and strengthen or maintain the SIP.

SCAQMD Rule 1142 is a new rule which was adopted to control VOC

emissions from loading operations associated with marine vessels. Its

major provisions include:

1. Operating standards and component leak thresholds.

2. Inspection and repair requirements, and submission of an operator

management plan.

3. Recordkeeping requirements, test methods, and definitions.

EPA has evaluated the Rule 1142 and has determined that it is

consistent with the CAA, EPA regulations, and EPA policy. Therefore,

SCAQMD Rule 1142 is being proposed for approval 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 request for

revision to any state 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.

Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. Section 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 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, 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 by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future notice will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222) from the

requirements of Section 3 of Executive Order 12291 for a period of two

years. EPA has submitted a request for a permanent waiver for Table 2

and Table 3 SIP revisions. OMB has agreed to continue the temporary

waiver until such time as it rules on EPA's request. This request

continues in effect under Executive Order 12866 which superseded

Executive Order 12291 on September 30, 1993.

List of Subjects in 40 CFR Part 52

Environmental Protection Agency, Air pollution control,

Hydrocarbons, Intergovernmental relations, Ozone, Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401-7642.

Dated: July 5, 1994.

Felicia Marcus,

Regional Administrator.

[FR Doc. 94-17553 Filed 7-18-94; 8:45 am]

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