Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, El Dorado County Air Pollution Control District and Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 126-1-7083a; FRL-5267-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, El Dorado County Air Pollution

Control District and Yolo-Solano Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

California State Implementation Plan. The revisions concern rules from

the following districts: the El Dorado County Air Pollution Control

District (EDCAPCD) and the Yolo-Solano Air Quality Management District

(YSAQMD). 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). The revised rules control VOC emissions from

cutback and emulsified asphalt and the storage and transfer of organic

liquids. 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 final rule is effective on October 20, 1995 unless adverse

or critical comments are received by September 20, 1995. If the

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

Federal Register.

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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,

S.W., Washington, D.C. 20460.

California Air Resources Board, Stationary Source Division, Rule

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

El Dorado County Air Pollution Control District, 2850 Fairlane Court,

Placerville, CA 95667.

Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite

103, Davis, CA 95616.

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 rules being approved into the California SIP include: the

EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt Paving

Materials,'' and the YSAQMD's Rule 2.21, ``Vapor Control for Organic

Liquid Storage and Transfer.'' These rules were submitted by the

California Air Resources Board to EPA on November 30, 1994.

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 portions of El Dorado and

Yolo-Solano Counties in the Sacramento Metro Area. 43 FR 8964, 40 CFR

81.305. Because 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. (40 CFR 52.222). On May 26, 1988, EPA

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

of the 1977 Act, that the above districts' 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. At the time of enactment of the amendments, the

Sacramento Metro Area was classified as serious; 2 therefore,

these areas were 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 Sacramento Metro Area was reclassified from serious to

severe on June 1, 1995. See 60 FR 20237 (April 25, 1995).

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The State of California submitted many revised RACT rules for

incorporation into its SIP on November 30, 1994, including the rules

being acted on in this notice. This notice addresses EPA's direct-final

action for the EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt

Paving Materials'' and the YSAQMD's Rule 2.21, ``Vapor Control for

Organic Liquid Storage and Transfer.'' The EDCAPCD adopted Rule 224 on

September 27, 1994, and the YSAQMD adopted Rule 2.21 on March 23, 1994.

These submitted rules were found to be complete on January 30, 1995,

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

part 51 Appendix V 3 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).

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The EDCAPCD's Rule 224 prohibits the discharge of volatile organic

compounds (VOCs) to the atmosphere from the manufacture, mixing,

storage or use of cutback or emulsified asphalt for road paving,

construction or maintenance purposes. The YSAQMD's Rule 2.21 limits the

emissions of volatile organic compounds (VOCs) from the storage and

transfer of organic liquids. VOCs contribute to the production of

ground level ozone and smog. These rules were originally adopted as

part of the EDCAPCD's and the YSAQMD'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 final action for these rules.

EPA Evaluation and 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). The CTG

applicable to EDCAPCD's Rule 224 is entitled, ``Control of Volatile

Organic Compounds from Use of Cutback Asphalt (EPA-450/2-77-037).'' The

CTGs applicable to YSAQMD's Rule 2.21 are entitled, ``Control of

Hydrocarbons from Tank Truck Gasoline Loading Terminals (EPA-450/2-77-

026),'' ``Control of Volatile Organic Emissions from Bulk Gasoline

Plants (EPA-450/2-77-035),'' ``Control of Volatile Organic Emissions

from Storage of Petroleum Liquids in Fixed-Roof Tanks (EPA-450/2-77-

036),'' ``Control of Volatile Organic Emissions from Petroleum Liquid

Storage in External Floating Roof Tanks (EPA-450/2-78-047),'' and

``Control of Volatile Organic Compound Leaks from Gasoline

[[Page 43385]]

Tank Trucks and Vapor Collection Systems (EPA-450/2-78-051).'' 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.

The EDCAPCD's submitted Rule 224, ``Cutback and Emulsified Asphalt

Paving Materials,'' includes the following significant changes from the

current SIP:

The definitions of cutback asphalt, penetrating prime

coat, and VOC have been updated to be consistent with EPA guidelines

and policy. The definition for ozone season has been deleted since the

term is no longer used in the rule.

The provision allowing Executive Officer discretion for

the approval of alternative test methods has been deleted.

The ASTM methods referenced now include their dates of

adoption/revision.

The recordkeeping requirements have been significantly

improved. The rule explicitly requires daily records. Records of final

destinations are now required for the shipping of asphalt products.

Test method results are required to be recorded.

The YSAQMD's submitted Rule 2.21, ``Vapor Control for Organic

Liquid Storage and Transfer,'' includes the following significant

changes from the current SIP:

The YSAQMD's Rule 2.21.1, ``Storage of Organic Liquids,''

has been rescinded and its requirements incorporated into Rule 2.21.

The rule's applicability has been clarified. Exemptions

are clearly identified in this section.

The following definitions have been added to the rule:

background, efficiency, gas tight, gasoline, leak free, loading

facility, maintenance, organic liquid, storage container, submerged

fill pipe, vapor tight, and viewport.

The vapor recovery emission standard for organic liquid

loading has been tightened to 0.08 lb/1000 gallons from 0.65 lb/1000

gallons. The vapor control requirement for organic liquid storage has

increased from 90% to 95%.

The requirements for the inspection of primary and

secondary seals are provided in this section.

The recordkeeping requirements have been updated.

Appropriate test methods are referenced correctly.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, the EDCAPCD's Rule 224, ``Cutback and Emulsified Asphalt

Paving Materials,'' and the YSAQMD's Rule 2.21, ``Vapor Control for

Organic Liquid Storage and Transfer,'' 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 notice 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. This action will be

effective October 20, 1995, unless, by September 20, 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 notice 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 October 20, 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).

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Part D of the Clean Air

Act. These rules may bind State, local, and tribal governments to

perform certain actions and also require the private sector to perform

certain duties. The rules being approved by this action will impose no

new requirements because affected sources are already subject to these

regulations under State law. Therefore, no additional costs to State,

local, or tribal governments or to the private sector result from this

action. EPA has also determined that this final action does not include

a mandate that may result in estimated costs of $100 million or more to

State, local, or tribal governments in the aggregate or to the private

sector.

The 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,

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: July 21, 1995.

John Wise,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations

is amended as follows:

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PART 52--[AMENDED]

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

Subpart F--California

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

2. Section 52.220 is amended by adding paragraphs (c)(207)(i) (B)

and (C) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(207) * * *

(i) * * *

(B) El Dorado County Air Pollution Control District.

(1) Rule 224, adopted on September 27, 1994.

(C) Yolo-Solano Air Quality Management District.

(1) Rule 2.21, adopted on March 23, 1994.

* * * * *

[FR Doc. 95-20594 Filed 8-18-95; 8:45 am]

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