Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Sacramento Metropolitan Air Quality Management District, Santa Barbara County Air Pollution Control District, Ventura County Air Pollution Control District, and Yolo- Solano County Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 126-0190a; FRL-6477-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Sacramento Metropolitan Air Quality

Management District, Santa Barbara County Air Pollution Control

District, Ventura County Air Pollution Control District, and Yolo-

Solano County 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: Sacramento Metropolitan Air Quality Management

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

(SBCAPCD); Ventura County Air Pollution Control District (VCAPCD); and

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 the storage and transfer

of gasoline, loading of organic liquids, and fugitive hydrocarbons.

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 rule is effective on January 25, 2000 without further

notice, unless EPA receives adverse comments by December 27, 1999. If

EPA receives such comment, it will publish a timely withdrawal Federal

Register informing the public that this rule will not take effect.

ADDRESSES: Written comments must be submitted to Andrew Steckel at the

Region IX office listed below. Copies of the rule revisions 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 rule revisions are available for inspection at the following

locations:

Rulemaking Office (AIR-4), Air 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 95812.

Sacramento Metropolitan Air Quality Management District, 777 12th

Street 3rd Floor, Sacramento, CA 95814-1908.

Santa Barbara County Air Pollution Control District, 26 Castilian

Drive, B-23, Goleta, CA 93301.

Ventura County Air Pollution Control District, 669 County Square Drive,

Ventura, CA 93003.

Yolo-Solano Air Quality Management District, 1947 Galileo Ct., Suite

103, Davis, CA 95616.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office,

AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-

1197.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP and submitted by

the California Air Resources Board include:

[[Page 66394]]

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

District Rule# and name Submittal date

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SMAQMD.................... 447 Organic Liquid 06/23/98

Loading.

SBCAPCD................... 316 Storage & Transfer 03/10/98

of Gasoline.

VCAPCD.................... 70 Storage & Transfer of 08/01/97

Gasoline.

YSAQMD.................... 2.23 Fugitive 11/30/94

Hydrocarbon.

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II. 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 Sacramento

Metropolitan Area, Santa Barbara County Area, Ventura County Area, and

Yolo-Solano 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 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, Ventura County Area,

and Yolo County and part of Solano County Area are designated as

severe. The Santa Barbara-Santa Maria Lompoc Area is classified as

serious 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

document'' (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, Ventura County Area, Yolo County

and part of Solano County Area, and Santa Barbara-Santa Maria Lompoc

Area have retained their designation of nonattainment and were

classified by operation of law pursuant to sections 107(d) and

181(a) upon the date of enactment of the CAA. 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 November 30, 1994, August 8, 1997, March

10, 1998, and June 23, 1998, including the rules being acted on in this

document. This document addresses EPA's direct-final action for SMAQMD

Rule 447, Organic Liquid Loading, adopted on April 2, 1998; SBCAPCD

Rule 316, Storage & Transfer of Gasoline, adopted on April 17, 1997;

VCAPCD Rule 70, Storage & Transfer of Gasoline, adopted on April 15,

1997; and YSAQMD Rule 2.23, Fugitive Hydrocarbon, adopted on March 23,

1994. These submitted rules were found to be complete on August 25,

1998, May 21, 1998, September 30, 1995, and January 30, 1995,

respectively, pursuant to EPA's completeness criteria that are set

forth in 40 CFR part 51, appendix V 3 and is being finalized

for approval into the SIP.

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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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SMAQMD Rule 447 controls VOC emissions from the loading of organic

liquids, SBCAPCD Rule 316 and VCAPCD Rule 70 control VOC emissions from

the storage and transfer of gasoline, and YSAQMD Rule 2.23 controls

fugitive emissions of VOCs. VOCs contribute to the production of ground

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

SMAQMD, SBCAPCD, VCAPCD, and YSAQMD'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.

III. 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 these rules 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 Compound Leaks from Gasoline Tank

Trucks and Vapor Collection Systems, (EPA-450/2-78-051); and Control of

Volatile Organic Compound Leaks from Synthetic Organic Chemical and

Polymer Manufacturing Equipment, (EPA-450/3-83-006). 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 changes to SMAQMD Rule 447, Organic Liquid Loading, are

administrative. Rule 447 was amended to add definitions, reference new

ARB test methods, and to clarify that a CARB-certified vapor recovery

system is only required for loading of gasoline since there is no

certified vapor recovery system for organic liquids other than

gasoline. The change to SBCAPCD Rule 316, Storage and Transfer of

Gasoline, is administrative. Rule 316 was revised to update references

to District Regulations II and VIII for consistency with the revised

Regulations.

[[Page 66395]]

The amendments to VCAPCD Rule 70, Storage and Transfer of Gasoline,

were not required by Ventura County's Air Quality Attainment Plan. The

rule changes are intended to improve aspects of Rule 70 related to

enforceability, rule clarity, consistency with State requirements for

gasoline storage and transfer, and the streamlining and practicality of

testing requirements. A detailed description of rule changes can be

found in the Technical Support Document for this rule dated September

20, 1999.

YSAQMD Rule 2.23, Fugitive Hydrocarbons, is a new rule. The

submitted rule includes the following provisions:

Definitions for rule clarity.

Rule standards for inspection frequency, process and

operation requirements, and a repair schedule.

Monitoring and recordkeeping requirements to determine

compliance.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, SMAQMD Rule 447, Organic Liquid Loading; SBCAPCD Rule 316,

Storage & Transfer of Gasoline; VCAPCD Rule 70, Storage & Transfer of

Gasoline; and YSAQMD Rule 2.23, Fugitive Hydrocarbon, are being

approved under section 110(k)(3) of the CAA as meeting the requirements

of section 110(a) and part D.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This document will be effective January 25,

2000 without further notice unless the Agency receives adverse comments

by December 27, 1999.

If the EPA receives such comments, then EPA will publish a timely

withdrawal in the Federal Register informing the public that the rule

will not take effect. All public comments received will then be

addressed in a subsequent final rule based on the proposed rule. The

EPA will not institute a second comment period. Any parties interested

in commenting on this rule should do so at this time. If no such

comments are received, the public is advised that this rule is

effective on January 25, 2000 and no further action will be taken on

the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

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

regulatory action from Executive Order (E.O.) 12866, entitled

Regulatory Planning and Review.

B. Executive Order 13132

Federalism (64 FR 43255, August 10, 1999) revokes and replaces

Executive Orders 12612, Federalism and 12875, Enhancing the

Intergovernmental Partnership. Executive Order 13132 requires EPA to

develop an accountable process to ensure meaningful and timely input by

State and local officials in the development of regulatory policies

that have federalism implications. Policies that have federalism

implications is defined in the Executive Order to include regulations

that have substantial direct effects on the States, on the relationship

between the national government and the States, or on the distribution

of power and responsibilities among the various levels of government.

Under Executive Order 13132, EPA may not issue a regulation that has

federalism implications, that imposes substantial direct compliance

costs, and that is not required by statute, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by State and local governments, or EPA consults with

State and local officials early in the process of developing the

proposed regulation. EPA also may not issue a regulation that has

federalism implications and that preempts State law unless the Agency

consults with State and local officials early in the process of

developing the proposed regulation.

This final rule will not have substantial direct effects on the

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government, as specified in Executive Order 13132.

Thus, the requirements of section 6 of the Executive Order do not apply

to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, Consultation and Coordination with Indian Tribal

Governments, EPA may not issue a regulation that is not required by

statute, that significantly affects or uniquely affects the communities

of Indian tribal governments, and that imposes substantial direct

compliance costs on those communities, unless the Federal government

provides the funds necessary to pay the direct compliance costs

incurred by the tribal governments. If the mandate is unfunded, EPA

must provide to the Office of Management and Budget, in a separately

identified section of the preamble to the rule, a description of the

extent of EPA's prior consultation with representatives of affected

tribal governments, a summary of the nature of their concerns, and a

statement supporting the need to issue the regulation.

In addition, E.O. 13084 requires EPA to develop an effective

process permitting elected and other representatives of Indian tribal

governments ``to provide meaningful and timely input in the development

of regulatory policies on matters that significantly or uniquely affect

their communities.'' Today's rule does not significantly or uniquely

affect the communities of Indian tribal governments. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions.

This final rule will not have a significant impact on a substantial

number of small entities because SIP approvals under section 110 and

[[Page 66396]]

subchapter I, part D of the Clean Air Act do not create any new

requirements but simply approve requirements that the State is already

imposing. Therefore, because the Federal SIP approval does not create

any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under

the Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. A major rule cannot

take effect until 60 days after it is published in the Federal

Register. This rule is not a ``major'' rule as defined by 5 U.S.C.

804(2).

H. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act

(NTTAA) of 1995 requires Federal agencies to evaluate existing

technical standards when developing a new regulation. To comply with

NTTAA, EPA must consider and use ``voluntary consensus standards''

(VCS) if available and applicable when developing programs and policies

unless doing so would be inconsistent with applicable law or otherwise

impractical.

The EPA believes that VCS are inapplicable to this action. Today's

action does not require the public to perform activities conducive to

the use of VCS.

I. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by January 25, 2000. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

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.

Dated: November 5, 1999.

Laura Yoshii,

Deputy Regional Administrator, Region IX.

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 et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs

(c)(207)(i)(C)(8), (248)(i)(E), (254)(C)(5) and (256)(i)(G) to read as

follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(207) * * *

(i) * * *

(C) * * *

(8) Rule 2.23 adopted on March 23, 1994.

* * * * *

(248) * * *

(i) * * *

(E) Ventura County Air Pollution Control District.

(1) Rule 70 revised on May 13, 1997.

* * * * *

(254) * * *

(C) * * *

(5) Rule 316 revised on April 17, 1997.

* * * * *

(256) * * *

(i) * * *

(G) Sacramento Metropolitan Air Quality Management District.

(1) Rule 447 amended on April 2, 1998.

* * * * *

[FR Doc. 99-30609 Filed 11-24-99; 8:45 am]

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