Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Kern County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 14-15-6257; FRL-5094-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Kern County Air Pollution Control

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) which concern the control of volatile organic

compound (VOC) emissions from solvent metal cleaning operations and

gasoline transfer operations. The intended effect of proposing approval

of these rules 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 these rules into the federally approved SIP. EPA has

evaluated each of these rules and is proposing to approve them 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 November 21, 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 revisions and EPA's evaluation report of each

rule are available for public inspection at EPA's Region IX 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.

Kern County Air Pollution Control District, 2700 ``M'' Street,

suite 290, Bakersfield, CA 93301.

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 rules being proposed for approval into the California SIP

include: Kern County Air Pollution Control District (KCAPCD) Rule

410.3, Organic Solvent Degreasing Operations; and Rule 412, Gasoline

Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk

Plants. These rules were submitted by the California Air Resources

Board (CARB) to EPA on May 30, 1991.

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 San Joaquin Valley Air

Basin and the Southeast Desert Air Basin.1 43 FR 8964, 40 CFR

81.305. Because some portions of these areas were 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. However, this extension was not

requested for Kern County, and therefore, Kern County's attainment date

remained December 31, 1982. On May 26, 1988, EPA notified the Governor

of California, pursuant to section 110(a)(2)(H) of the pre-amended Act,

that KCAPCD's portion 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.

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\1\At that time, Kern County included portions of two air

basins: the San Joaquin Valley Air Basin and the Southeast Desert

Air Basin. The San Joaquin Valley Air Basin portion of Kern County

was designated as nonattainment, and the Southeast Desert Air Basin

portion of Kern County was designated as unclassified. See 40 CFR

81.305 (1991).

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On March 20, 1991, the San Joaquin Valley Unified Air Pollution

Control District (SJVUAPCD) was formed. The SJVUAPCD has authority over

the San Joaquin Valley Air Basin portion of Kern County. Thus, the

KCAPCD still exists, but only has authority over the Southeast Desert

Air Basin portion of Kern County.

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.2 EPA's SIP-Call used that

guidance to indicate the necessary corrections for specific

nonattainment areas. All of Kern County is classified as serious.3

However, the Southeast Desert Air Basin portion of Kern County was not

a pre-enactment nonattainment area and, therefore, was not designated

and classified upon enactment of the amended Act. For this reason,

KCAPCD was not subject to the RACT fixup requirement and the May 15,

1991 deadline. However, KCAPCD is still subject to the requirements of

EPA's SIP-Call because the SIP-Call included all of Kern County. The

substantive requirements of the SIP-Call are the same as those of the

statutory RACT fixup requirement.

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\2\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).

\3\The San Joaquin Valley Air Basin portion of Kern County

retained its nonattainment designation and was classified by

operation of law pursuant to section 107(d) and section 181(a) upon

the date of enactment of the Clean Air Act Amendments of 1990. The

Southeast Desert Air Basin portion of Kern County was designated

nonattainment on November 6, 1991. 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 30, 1991, including the rules being

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

action for Rule 410.3, Organic Solvent Degreasing Operations, and Rule

412, Gasoline Transfer into Stationary Storage Containers, Delivery

Vessels, and Bulk Plants. These submitted rules were adopted by the

KCAPCD on May 6, 1991 and found to be complete on July 10, 1991

pursuant to EPA's completeness criteria that are set forth in 40 CFR

part 51, appendix V4 and are being proposed for approval into the

SIP.

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\4\EPA adopted 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 (See 56 FR 42216).

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Rule 410.3 controls emissions of volatile organic compounds (VOCs)

from solvent metal cleaning operations, and Rule 412 controls VOCs

emitted during the transfer of gasoline into storage tanks and delivery

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

smog. The rules were adopted as part of each 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

these rules.

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 2. 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 CTG

applicable to Rule 410.3 is entitled, ``Control of Volatile Organic

Emissions from Solvent Metal Cleaning,'' EPA-450/2-77-022. The CTG

documents applicable to Rule 412 are entitled, ``Control of Volatile

Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection

Systems,'' EPA-450/2-78-051, and ``Control of Volatile Organic

Emissions from Bulk Gasoline Plants,'' EPA-450/2-77-035. Further

interpretations of EPA policy are found in the Blue Book, referred to

in footnote 2. In general, these guidance documents have been set forth

to ensure that VOC rules are fully enforceable and strengthen or

maintain the SIP.

KCAPCD Rule 410.3 includes the following significant changes from

the current SIP rule:

1. Adds an applicability statement, definitions, recordkeeping

requirements and test methods.

2. Adds certain operating requirements and equipment requirements.

3. Deletes Executive Officer discretion in determining equivalent

control systems.

KCAPCD Rule 412 contains the following changes from the current SIP

rule:

1. Adds definitions, certain operating provisions, recordkeeping

and test methods.

2. Deletes certain exemptions and Executive Officer discretion in

determining equivalency of storage tank emission controls.

EPA has evaluated these submitted rules and has determined that

they are consistent with the CAA, EPA regulations, and EPA policy.

Therefore, KCAPCD Rule 410.3 and Rule 412 are 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 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).

The Office of Management and Budget (OMB) has exempted this action

from review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements.

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

Dated: October 11, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-26020 Filed 10-19-94; 8:45 am]

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