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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 140-10-7261a; FRL-5456-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Placer County Air Pollution Control

District and Ventura County Air Pollution Control 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 (SIP). The revisions concern rules

from the following districts: the Placer County Air Pollution Control

District (PCAPCD) and 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). The rules control VOC emissions from the storage

and transfer of organic liquids and tank degassing operations. 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 July 5, 1996 unless adverse or

critical comments are received by June 5, 1996. 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, S.W., Washington, D.C. 20460.

California Air Resources Board, Stationary Source Division, Rule

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

Placer County Air Pollution Control District, 11464 B Avenue,

Auburn, CA 95603.

Ventura County Air Pollution Control District, Rule Development

Section, 669 County Square Drive, Ventura, CA 93003.

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, email: [email protected].

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the California SIP include: the

PCAPCD's Rule 212, ``Storage of Organic Liquids,'' and Rule 215,

``Transfer of Gasoline into Tank Trucks, Trailers and Railroad Tank

Cars at Loading Facilities,'' and the VCAPCD's Rule 74.26, ``Crude Oil

Storage Tank Degassing Operations,'' and Rule 74.27, ``Gasoline and ROC

Liquid Storage Tank Degassing Operations.'' These rules were submitted

by the California Air Resources Board (ARB) to EPA on January 24, 1995

(Rules 215, 74.26, and 74.27) and October 13, 1995 (Rule 212).

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 Placer County

in the Sacramento Metro Area and the Ventura County Area. 43 FR 8964,

40 CFR 81.305. On May 26, 1988, EPA notified the Governor of

California, pursuant to section 110(a)(2)(H) of the 1977 Act, that

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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. 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 Sacramento Metro Area and the Ventura County

Area are classified as severe; 2 therefore, these areas were

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 Sacramento Metro Area was reclassified from serious to

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

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The State of California submitted many revised RACT rules for

incorporation into its SIP on January 24, 1995, and October 13, 1995,

including the rules being acted on in this document. The PCAPCD adopted

Rule 212 on June 8, 1995, and Rule 215 on November 3, 1994, and the

VCAPCD adopted Rules 74.26 and 74.27 on November 8, 1994. These

submitted rules were found to be complete on February 24, 1995 (Rules

215, 74.26, and 74.27) and November 28, 1995 (Rule 212), 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 SP.

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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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The PCAPCD's Rule 212 requires facilities to install and operate

vapor loss control devices for the storage of organic liquids with

vapor pressures of 0.5 psia or higher, and Rule 215 requires vapor

collection and disposal systems for loading gasoline into tank trucks,

trailers, or railroad tank cars. The VCAPCD's Rules 74.26 and 74.27

reduce emissions of VOCs from the degassing of crude oil, produced

water, gasoline, and VOC liquid storage tanks. VOCs contribute to the

production of ground level ozone and smog. These rules were originally

adopted as part of the PCAPCD's and the VCAPCD'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 CTGs

applicable to PCAPCD's Rule 212 are entitled ``Control of Volatile

Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks

(EPA-450/2-77-036)'' and ``Control of Volatile Organic Emissions from

Petroleum Liquid Storage in External Floating Roof Tanks (EPA-450/2-78-

047).'' The CTGs applicable to PCAPCD's Rule 215 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),'' and ``Control of Volatile Organic

Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems

(EPA-450/2-78-051).'' There are no CTGs applicable to VCAPCD's Rules

74.26 and 74.27. 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 PCAPCD's submitted Rule 212, ``Storage of Organic Liquids,''

includes the following significant changes from the current SIP:

The Table of Content's reference to section 110 has been

deleted because that section was deleted in the previous version of the

rule.

There were two sections 503.1. The second was renumbered

to 503.2.

The PCAPCD's submitted Rule 215, ``Transfer of Gasoline into Tank

Trucks, Trailers and Railroad Tank Cars at Loading Facilities,''

includes the following significant changes from the current SIP:

The rule's applicability was broadened.

The definitions of bulk plant and bulk terminal were added

to the rule. The definition of volatile organic compound (VOC) was

updated for consistency with 40 CFR 51.100(s).

An emission standard of 0.6 pounds of VOC per 1000 gallons

of gasoline transferred was added for bulk plants.

The ARB's Methods 202 and 203 were added to the rule for

equipment certifications.

The VCAPCD's Rule 74.26, ``Crude Oil Storage Tank Degassing

Operations,'' and Rule 74.27, ``Gasoline and ROC Liquid Storage Tank

Degassing Operations,'' are new rules that reduce the emissions of VOCs

from the degassing of crude oil, produced water, gasoline, and VOC

liquid storage tanks. The rules require a vapor destruction and removal

efficiency of at least 95% until the vapor concentration in the tank is

10% of its initial concentration or less than 10,000 parts per million

volume (ppmv). Records of the inlet and outlet concentration are to be

made at the beginning of and throughout the test. Records of

temperature are required when refrigerated condensers are used. All

records must be maintained for two years from the date of entry. ASTM

Methods D 323-82, D 2879-86 and E 260-91 and EPA Methods 2A, 21, and

25A are the test methods used for compliance determinations. A more

detailed discussion of the controls required and the justification for

why

[[Page 20147]]

these controls represent RACT can be found in the Technical Support

Documents (TSDs) for Rules 74.26 and 74.27, dated November 7, 1995.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, the PCAPCD's Rule 212, ``Storage of Organic Liquids,'' and

Rule 215, ``Transfer of Gasoline into Tank Trucks, Trailers and

Railroad Tank Cars at Loading Facilities,'' and the VCAPCD's Rule

74.26, ``Crude Oil Storage Tank Degassing Operations,'' and Rule 74.27,

``Gasoline and ROC Liquid Storage Tank Degassing Operations,'' 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. This action will be

effective July 5, 1996, unless, by June 5, 1996, 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 July 5, 1996.

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.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (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,

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: March 11, 1996.

Felicia Marcus,

Regional Administrator.

Subpart F of 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 paragraphs (c)(214)(i)(D)(2)

and (E) and (c)(225)(i)(B)(2) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(214) * * *

(i) * * *

(D) * * *

(2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994.

(E) Placer County Air Pollution Control District.

(1) Rule 215, adopted on November 3, 1994.

* * * * *

(225) * * *

(i) * * *

(B) * * *

(2) Rule 212, adopted on June 8, 1995.

* * * * *

[FR Doc. 96-11210 Filed 5-03-96; 8:45 am]

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