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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-6-6615a; FRL-5114-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Ventura County Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the

California State Implementation Plan. The revisions concern rules from

the Ventura County Air Pollution Control District (VCAPCD). This

approval action will incorporate these rules into the Federally

approved SIP. The intended effect of approving these rules is to

regulate emissions of volatile organic compounds (VOCs) in accordance

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

the Act). These rules control VOC emissions from gasoline transfer

operations and from sumps, pits, ponds and well cellars during the

production, gathering, separation, processing, and storage of crude oil

or petroleum material. Thus, EPA is finalizing the approval of these

revisions into the California SIP 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: This action is effective on February 13, 1995 unless adverse or

critical comments are received by January 13, 1995. If the effective

date is delayed, a timely notice will be published in the Federal

Register.

ADDRESSES: Copies of the rules and EPA's evaluation report for each

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

during normal business hours. Copies of the submitted rules are

available for inspection at the following locations:

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

Environmental Protection Agency, Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

Environmental Protection Agency, Air Docket 6102, 401 ``M'' Street,

SW., Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.

Ventura County Air Pollution Control District, 702 County Square

Drive, Ventura, CA 93003.

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 approved into the California SIP include: VCAPCD

Rule 70, Storage and Transfer of Gasoline; Rule 71, Crude Oil and

Reactive Organic Compound Liquids; and Rule 71.4, Petroleum Sumps,

Pits, Ponds, and Well Cellars. These rules were submitted by the

California Air Resources Board (CARB) to EPA on November 18, 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 Act or pre-amended Act), that included the Ventura County Area.

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 52.222). On May 26, 1988,

EPA notified the Governor of California, pursuant to section 110(a)(2)

of the 1977 Act, that VCAPCD'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.

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 Ventura County Area is classified as

severe;2 therefore, this area was subject to the RACT fix-up

requirement and the May 15, 1991 deadline.

---------------------------------------------------------------------------

\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 Ventura County Area 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).

---------------------------------------------------------------------------

The State of California submitted many revised RACT rules for

incorporation into its SIP on November 18, 1993, including the rules

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

final action for VCAPCD Rule 70, Storage and Transfer of Gasoline; Rule

71, Crude Oil and Reactive Organic Compound Liquids; and Rule 71.4,

Petroleum Sumps, Pits, Ponds, and Well Cellars. VCAPCD adopted Rule 70

on May 4, 1993, and adopted Rules 71 and 71.4 on June 8, 1993. These

submitted rules were found to be complete on December 23, 1993 pursuant

to EPA's completeness criteria that are set forth in 40 CFR part 51,

appendix V3 and are being finalized for approval into the SIP.

---------------------------------------------------------------------------

\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).

---------------------------------------------------------------------------

Rule 70 controls emissions of volatile organic compounds (VOCs)

during the loading and transfer of gasoline. Rule 71 contains only

definitions, many of which are referenced in Rule 71.4. Rule 71.4

controls VOCs from petroleum materials in sumps, pits, ponds, and well

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

smog. These rules were originally adopted as part of VCAPCD's effort 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 final action for

these rules.

EPA Evaluation

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). The CTG

documents applicable to Rule 70 are entitled, ``Control of Volatile

Organic Emissions from Bulk Gasoline Plants,'' EPA-450/2-77-035;

``Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks

and Vapor Collection Systems,'' EPA-450/2-78-051; and ``Control of

Hydrocarbons from Tank Truck Gasoline Loading Terminals,'' EPA-450/2-

77-026. There is no applicable CTG document for Rules 71 and 71.4. For

source categories where EPA did not publish a CTG, the air pollution

control agency may determine what controls are required to satisfy the

RACT requirement by reviewing the operations of facilities with the

affected source category. In that review, the technological and

economic feasibility of the proposed controls are considered. 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.

VCAPCD's submitted Rule 70, Storage and Transfer of Gasoline,

includes the following significant changes from the current SIP:

--Deletion of Executive Officer discretion in approving equivalent

vapor control systems.

--Expansion of rule applicability to cover more sources.

--Addition of operation and maintenance requirements, definitions, and

more specific recordkeeping requirements.

The only changes to VCAPCD Rule 71, Crude Oil and Reactive Organic

Compound Liquids, are the addition of a definition for the term ``crude

oil,'' and a clarification to the definition of ``petroleum material.''

VCAPCD Rule 71.4 is a new rule for which there is no current SIP

rule. The major provisions of Rule 71.4 are listed below:

--The use of first stage production sumps is prohibited.

--Properly installed and maintained covers are required for sumps,

pits, and ponds.

--Storage of petroleum materials in well cellars is prohibited except

during equipment maintenance or well workover.

--Recordkeeping requirements and test methods are specified to verify

rule applicability.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, VCAPCD Rule 70, Storage and Transfer of Gasoline; Rule 71,

Crude Oil and Reactive Organic Compound Liquids; and Rule 71.4,

Petroleum Sumps, Pits, Ponds, and Well Cellars, are being approved

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 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.

EPA is publishing this document without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. The direct final action

will be effective February 13, 1995, unless, by January 13, 1995,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective Feburary 13, 1995.

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 population of less than

50,000.

SIP approvals under sections 110 and 301(a) 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, I certify

that 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 has exempted this regulatory

action from Executive Order 12866 review.

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.

Note: Incorporation by reference of the State Implementation

Plan for the State of California was approved by the Director of the

Federal Register on July 1, 1982.

Dated: November 18, 1994.

David P. Howekamp,

Acting Regional Administrator.

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. 7401-7671q.

Subpart F--California

2. Section 52.220 is amended by adding paragraph (c)(194) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(194) New and amended regulations for the following APCDs were

submitted on November 18, 1993, by the Governor's designee.

(i) Incorporation by reference.

(A) Ventura County Air Pollution Control District.

(1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8,

1993; and Rule 71.4, adopted on June 8, 1993.

* * * * *

[FR Doc. 94-30610 Filed 12-13-94; 8:45 am]

BILLING CODE 6560-50-W