Air quality implementation plans; approval and promulgation; various States: California,

[Federal Register: November 26, 1999 (Volume 64, Number 227)]

[Rules and Regulations]

[Page 66393-66396]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26no99-18]

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.

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:

1. 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

   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.

2. 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.‹SUP›1‹/SUP› 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 ‹SUP›2‹/SUP›; 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 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).

   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 ‹SUP›3‹/SUP› and is 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).

   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.

3. 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:

   ‹bullet› Definitions for rule clarity.

   ‹bullet› Rule standards for inspection frequency, process and operation requirements, and a repair schedule.

   ‹bullet› 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.

4. Administrative Requirements

   1. 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.

   2. 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.

   3. 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.

   4. 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.

   5. 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).

   6. 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.

   7. 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).

   8. 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.

1. Petitions for Judicial Review

   Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filedin 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. 99-30609Filed11-24-99; 8:45 am]

      BILLING CODE 6560-50-P