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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 140-5-7275a; FRL-5402-5]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Kern County Air Pollution Control

District; Santa Barbara 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 Santa Barbara County Air Pollution Control District (SBCAPCD)

and the Kern County Air Pollution Control District (KCAPCD). 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 organic liquid loading

and storage, and petroleum sumps, pits, and well cellars. Thus, EPA is

finalizing the approval of these rules 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 April 15, 1996 unless adverse or

critical comments are received by March 14, 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 also

available for inspection at the following locations:

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 95812.

Kern County Air Pollution Control District, 2700 M Street, Suite 290,

Bakersfield, CA 93301.

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive, B-23, Goleta, CA 93117.

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3),

Air and Toxics Division, U.S.

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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: SBCAPCD

Rule 344, Petroleum Sumps, Pits, and Well Cellars; KCAPCD Rule 411,

Storage of Organic Liquids; and KCAPCD Rule 413, Organic Liquid

Loading.

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 South Central Coast

Air Basin and the San Joaquin Valley Air Basin.1 43 FR 8964, 40

CFR 81.305. The South Central Coast Air Basin and the San Joaquin

Valley Air Basin did not attain the ozone standard by their approved

attainment dates.2 On May 26, 1988, EPA notified the Governor of

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

SBCAPCD and KCAPCD 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.

\1\ At the time, Kern County was included in the San Joaquin

Valley Air Basin and the Southeast Desert Air Basin. The San Joaquin

Valley Air Basin was designated as nonattainment and the Southeast

Desert Air Basin was designated as unclassified.

\2\ The South Central Coast Air Basin received an extension of

its attainment date to December 31, 1987. Kern County's attainment

date remained December 31, 1982.

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

Control District was formed. This district has authority over the San

Joaquin Valley Air Basin Portion of Kern County. Thus, as of March 20,

1991, the KCAPCD has authority over only 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 CAA 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 EPA's pre-amendment guidance.3 EPA's SIP-Call used

that guidance to indicate the necessary corrections for specific

nonattainment areas. The South Central Coast Air Basin is classified as

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

requirement and the May 15, 1991 deadline. All of Kern County is

classified as serious. However, the Southeast Desert Air Basin portion

of Kern County was not a pre-amendment nonattainment area and,

therefore, was not designated and classified upon enactment of the

amended Act. For this reason, KCAPCD is not subject to the section

182(a)(2)(A) RACT fix-up requirement. The KCAPCD is, however, still

subject to the requirements of EPA's SIP-Call because the SIP-Call

included all of Kern County.4 The substantive requirements of the

SIP-Call are the same as those of the statutory RACT fix-up

requirement.

\3\ 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).

\4\ The South Central Coast Air Basin and the San Joaquin

Valley Air Basin portion of the KCAPCD retained their nonattainment

designations and were classified by operation of law pursuant to

sections 107(d) and 181(a) upon the date of enactment of the CAA.

The Southeast Desert Air Basin portion of the KCAPCD was designated

nonattainment on November 6, 1991. See 56 FR 56694 (November 6,

1991).

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This notice addresses EPA's direct final action for SBCAPCD Rule

344, Petroleum Sumps, Pits, and Well Cellars; KCAPCD Rule 411, Storage

of Organic Liquids; and KCAPCD Rule 413, Organic Liquid Loading.

SBCAPCD adopted Rule 344 on November 10, 1994, and the State of

California submitted Rule 344 for incorporation into its SIP on January

24, 1995. The submitted rule was found to be complete on February 24,

1995, pursuant to EPA's completeness criteria that are set forth in 40

CFR part 51, appendix V.5 KCAPCD Rule 411 and Rule 413 were both

adopted on April 6, 1995, and submitted on May 25, 1995. These rules

were found to be complete on July 24, 1995.

\5\ 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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SBCAPCD Rule 344 controls VOC emissions from petroleum liquids in

sumps, pits, and well cellars. KCAPCD Rule 411 controls VOCs from

organic liquid storage tanks, and Rule 413 controls VOCs during organic

liquid loading operations. VOCs contribute to the production of ground

level ozone and smog. These rules were originally adopted as part of

district efforts to achieve the National Ambient Air Quality Standard

for ozone and in response to EPA's SIP-Call. The following is EPA's

evaluation and direct 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 3. 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 SBCAPCD Rule 344 is ``Control of Refinery Vacuum

Producing Systems, Wastewater Separators, and Process Unit

Turnarounds,'' EPA 450/2-77-025. There are two CTGs applicable to

KCAPCD Rule 411: ``Control of Volatile Organic Emissions from Petroleum

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

``Control of Volatile Organic Emissions from Petroleum Liquid Storage

in Fixed Roof Tanks,'' EPA 450/2-77-036. The two CTGs applicable to

KCAPCD Rule 413 are ``Control of Hydrocarbons from Tank Truck Gasoline

Loading Terminals,'' EPA 450/2-77-026, 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 3. In general, these guidance documents have

been set forth to ensure that VOC rules are fully

[[Page 5517]]

enforceable and strengthen or maintain the SIP.

SBCAPCD Rule 344 is a new rule which controls VOC emissions from

the use of petroleum sumps, pits, and well cellars. The rule prohibits

the use or installation of primary sumps. Pits and post-primary sumps

must be either replaced by storage tanks or installed with well-

maintained covers.

KCAPCD's submitted Rule 411 is an amended rule that includes the

following significant changes from the current SIP:

Adds definitions, recordkeeping requirements, and test

methods.

Deletes outdated compliance schedules.

KCAPCD Rule 413 is also an amended rule and contains the

following significant changes from the current SIP:

Adds definitions, recordkeeping requirements, and test

methods.

Adds a VOC limit for bulk terminals, a pressure limit for

delivery tanks, and a bottom loading requirement for bulk terminals.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, SBCAPCD Rule 344, KCAPCD Rule 411, and KCAPCD Rule 413 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 action 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 April 15, 1996, unless, by March 14, 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 April 15, 1996.

Regulatory Process

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 direct 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.

Small Businesses

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(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).

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

by the Regional Administrator under 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 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: December 15, 1995.

David P. Howekamp,

Acting 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)(C)(2)

and (c)(221) as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(214) * * *

(i) * * *

(C) * * *

(2) Rule 344, adopted on November 10, 1994.

* * * * *

(c) * * *

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

submitted on May 25, 1995 by the Governor's designee.

(i) Incorporation by reference.

(A) Kern County Air Pollution Control District.

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(1) Rule 411 and Rule 413, adopted on April 6, 1995.

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[FR Doc. 96-2971 Filed 2-12-96; 8:45 am]

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