Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Santa Barbara County Air Pollution Control District (SBCAPCD)

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 43-3-6270; FRL 5029-8]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Santa Barbara County Air Pollution

Control District (SBCAPCD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

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

Implementation Plan (SIP) which concern the control of volatile organic

compound (VOC) emissions from organic liquid loading facilities.

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 the rule 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 September 12, 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 94105-3901.

Please refer to document number CA 37-10-6201 in all correspondence.

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

rule are available for public inspection at EPA's Region 9 office

during normal business hours. Copies of the submitted rule revisions

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.

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive, Suite B-23, Goleta, CA 93117.

FOR FURTHER INFORMATION CONTACT: Duane F. James, 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)

744-1191.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being proposed for approval into the California SIP is

Santa Barbara County Air Pollution Control District's (SBCAPCD) Rule

346, ``Loading of Organic Cargo Vessels.'' This rule was submitted by

the California Air Resources Board (ARB) to EPA on January 11, 1993.

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 SBCAPCD. 43 FR 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, 52.222. 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 was 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. Public Law 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 Santa Barbara County Area is classified as

moderate;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\SBCAPCD 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 January 11, 1993, including the rule

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

action for SBCAPCD's Rule 346, ``Loading of Organic Cargo Vessels.''

SBCAPCD adopted Rule 346 on October 13, 1992. The submitted rule was

found to be complete on March 26, 1993, 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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Rule 346 requires bottom loading and vapor recovery systems for the

transfer of non-gasoline organic liquids from facilities into cargo

tanks. VOCs contribute to the production of ground level ozone and

smog. The rule was adopted as part of the district'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). There is no CTG

applicable to Rule 346. However, the following CTG entitled, ``Control

of Hydrocarbons from Tank Truck Gasoline Loading Terminals (EPA-450/2-

77-026),'' was used only as guidance in evaluating Rule 346. 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.

SBCAPCD's Rule 346, ``Loading of Organic Cargo Vessels,'' is a new

rule which was adopted to require bottom loading and vapor recovery

systems during the transfer of non-gasoline organic liquids from

loading facilities into cargo tanks. In bottom loading, the organic

liquid is transferred to the tank through a fill pipe that is attached

to the bottom of the tank. This arrangement reduces the amount of

organic liquid that is splashed in the tank, which reduces the

formation of organic liquid vapors.

EPA has evaluated the submitted rule and has determined that it is

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

SBCAPCD's Rule 346 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. 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 2 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. The 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,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements, Volatile organic compound.

Authority: 42 U.S.C. 7401-7671q.

Dated: August 1, 1994.

Nora L. McGee,

Acting Regional Administrator.

[FR Doc. 94-19643 Filed 8-10-94; 8:45 am]

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