Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44907

427 U.S. 246, 256–66 (1976); 42 U.S.C.

7410(a)(2).

(D) Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, USEPA

must undertake various actions in

association with any proposed or final

rule that includes a Federal mandate

that may result in estimated costs to

state, local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. 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 the

private sector, result from this action.

(E) Audit Privilege and Immunity Law

Nothing in this action should be

construed as making any determination

or expressing any position regarding

Ohio’s audit privilege and immunity

law (Sections 3745.70–3745.73 of the

Ohio Revised Code). U.S. EPA will be

reviewing the effect of the Ohio audit

privilege and immunity law on various

Ohio environmental programs,

including those under the Clean Air

Act, and taking appropriate action(s), if

any, after thorough analysis and

opportunity for Ohio to state and

explain its views and positions on the

issues raised by the law. The action

taken herein does not express or imply

any viewpoint on the question of

whether there are legal deficiencies in

this or any Ohio CAA program resulting

from the effect of the audit privilege and

immunity law. As a consequence of the

review process, the regulations subject

to the action taken herein may be

disapproved, federal approval for the

Clean Air Act program under which

they are implemented may be

withdrawn, or other appropriate action

may be taken, as necessary.

(F) Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996,

USEPA submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a major rule as defined by section

804(2).

(G) Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by October 24, 1997. 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,

Intergovernmental relations, Ozone,

Nitrogen Oxides, Transportation

conformity.

Dated: August 8, 1997.

David A. Ullrich,

Acting Regional Administrator.

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 KK—Ohio

2. Section 52.1885 is amended by

adding paragraph (a)(6) to read as

follows:

§ 52.1885 Control strategy: Ozone.

(a) * * *

(6) Approval—On June 10, 1997, Ohio

submitted revisions to the maintenance

plans for the Toledo area (including

Lucas and Wood counties), the

Cleveland/Akron/Lorain area (including

Lorain, Cuyahoga, Lake, Ashtabula,

Geauga, Medina, Summit and Portage

counties), and the Dayton-Springfield

area (including Montgomery, Clark,

Greene, and Miami counties). The

revisions consist of an allocation of a

portion of the safety margin in each area

to the transportation conformity mobile

source budget for that area. The mobile

source budgets for transportation

conformity purposes for Toledo are

now: 35.85 tons per day of volatile

organic compound emissions for the

year 2005 and 35.19 tons per day of

oxides of nitrogen emissions for the year

2005. The mobile source budgets for

transportation conformity purposes for

Cleveland-Akron-Lorain are now: 82.7

tons per day of volatile organic

compound emissions for the year 2006

and 104.4 tons per day of oxides of

nitrogen emissions for the year 2006.

For the Dayton-Springfield area, the

oxides of nitrogen mobile source budget

remains the same and the mobile source

budget for volatile organic compounds

is now 34.1 tons per day.

* * * * *

[FR Doc. 97–22067 Filed 8–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 034–0049a FRL–5880–4]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on a revision to the California

State Implementation Plan. The revision

concerns a rule from the Bay Area Air

Quality Management District

(BAAQMD). This approval action will

incorporate this rule into the federally

approved SIP. The intended effect of

approving this rule is to regulate

emissions of VOCs in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

This revised rule controls VOC

emissions from stationary storage tanks

containing organic liquids. Thus, EPA is

finalizing the approval of the BAAQMD

rule revision into the California SIP

under provisions of the CAA regarding

EPA action on SIP submittals, EPA’s

general rulemaking authority, plan

submissions, and enforceability

guidelines. This rule is being

incorporated into the SIP in accordance

with the area’s ozone maintenance plan

for redesignation to attainment.

DATES: This action is effective on

October 24, 1997 unless adverse or

critical comments are received by

September 24, 1997. If the effective date

is delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: 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 BAAQMD Rule 8–5, Storage

of Organic Liquids, 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:
44908 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations

1The San Francisco Bay Area was redesignated to

attainment and was classified by operation of law

pursuant to sections 107(d) upon the date of

enactment of the CAA. See 60 FR 27028 (May 22,

1995).

2 EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5824) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

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 92123–1095

Bay Area Air Quality Management

District, 939 Ellis Street, San

Francisco, CA 94109

FOR FURTHER INFORMATION CONTACT:

Yvonne Fong, Rulemaking Office, AIR–

4, Air Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: (415) 744–1199.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rule being approved into the

California SIP is BAAQMD Rule 8–5,

Storage of Organic Liquids. This rule

was submitted by the California Air

Resources Board to EPA on May 24,

1994.

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 l977 (1977 Act or

pre-amended Act), that included the

San Francisco Bay 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 district’s

portion of the California SIP was

inadequate to attain and maintain the

ozone standard and requested that

deficiencies in the existing SIP be

corrected (EPA’s SIP-Call). 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.

On November 12, 1993, BAAQMD

submitted a request for redesignation to

attainment of the ozone standard.

Subsequently, EPA evaluated and

approved BAAQMD’s request and the

San Francisco Bay Area was reclassified

as an attainment area.1

This document addresses EPA’s

direct-final action for BAAQMD Rule 8–

5, Storage of Organic Liquids. The

BAAQMD adopted this rule on January

20, 1993. This submitted rule was found

to be complete on July 14, 1994,

pursuant to EPA’s completeness criteria

that are set forth in 40 CFR part 51

Appendix V; 2 and is being finalized for

approval into the SIP.

BAAQMD Rule 8–5 controls

emissions of VOCs from stationary

storage tanks containing organic liquids.

VOCs contribute to the production of

ground level ozone and smog. This rule

was originally adopted as part of

BAAQMD’s efforts to achieve the

National Ambient Air Quality Standards

(NAAQS) for ozone and in response to

EPA’s SIP-Call and the section

182(a)(2)(A) CAA requirement. In

accordance with the redesignation

maintenance plan and at the request of

BAAQMD, EPA is incorporating this

revision into the SIP.

The following is EPA’s evaluation and

final action for this rule.

III. EPA Evaluation and Action

In determining the approvability of a

rule, EPA must evaluate the rule for

consistency with the requirements of

the CAA and EPA regulations, as found

in section 110 and 40 CFR part 51

(Requirements for Preparation,

Adoption, and Submittal of

Implementation Plans).

In addition, this rule was evaluated

against the SIP enforceability guidelines

found in ‘‘Issues Relating to VOC

Regulation Cutpoints, Deficiencies, and

Deviations—Clarification to Appendix D

of November 24, 1987 Federal Register’’

(EPA’s ‘Blue Book’) and the EPA Region

IX—California Air Resources Board

document entitled ‘‘Guidance Document

for Correcting VOC Rule Deficiencies’’

(April 1991), and against other EPA

policies. In general, these guidance

documents have been set forth to ensure

that VOC and other rules are fully

enforceable and strengthen or maintain

the SIP.

Because BAAQMD Rule 8–5 is being

incorporated into the SIP as part of the

maintenance measures for the area’s

redesignation plan, the rule does not

need to be evaluated for meeting the

RACT emission limits pursuant to

section 182(a) of the CAA. As an ozone

maintenance measure, the rule is being

evaluated against the emissions

reductions assumed in the maintenance

plan and the rule version currently

incorporated in the SIP.

On June 10, 1992, EPA approved into

the SIP a version of Rule 8–5, Storage

of Organic Liquids, that had been

adopted by the BAAQMD on May 4,

1988. The BAAQMD Rule 8–5

submitted on May 24, 1994 includes the

following significant changes:

• Section 116 has been added to

include a clarifying exemption for

underground gasoline storage tanks

located at dispensing facilities subject to

Regulation 8, Rule 7;

• Language exempting tanks that

store liquids with a true vapor pressure

of 0.5 psia or less has been moved from

section 101 to section 117 (rule

applicability has not changed);

• The following definitions have been

added to section 200: approved

emission control system, degassing,

external floating roof tank, internal

floating roof tank, true vapor pressure,

organic compound, and viewport;

• Section 303 has been added to

include requirements for above ground

tanks with a capacity between 37.5 m 3

and 75 m 3, storing organic liquids with

a true vapor pressure greater than 1.5

psia;

• Section 400 has been modified to

require periodic operator inspections,

rather than simply making tanks

available for APCO inspection;

• The outdated compliance schedules

in sections 411 and 412 have been

deleted;

• The following sections have been

added: 502—tank cleaning annual

source test requirement; 503—

specifications for portable hydrocarbon

detectors; and 605—pressure vacuum

valve gas tight determination.

EPA has evaluated the submitted rule

and has determined that it is consistent

with the CAA, EPA regulations, and

EPA policy. Therefore, BAAQMD Rule

8–5, Storage of Organic Liquids, is being

approved under section 110(k)(3) of the

CAA as meeting the requirements of

section 110(a) and pursuant to EPA’s

authority under section 301(a) to adopt

regulations necessary to further air

quality by strengthening the SIP.

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
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Rules and Regulations 44909

or critical comments be filed. This

action will be effective October 24,

1997, unless, within 30 days of its

publication, 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 October 24,

1997.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

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 section 110 and

301 and 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 impose

any new requirements, the

Administrator certifies 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 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).

C. 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 costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective 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 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 Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

804(2) of the APA as amended.

E. 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 October 24, 1997.

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.

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: August 11, 1997.

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]

Subpart F—California

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. Section 52.220 is amended by

adding paragraphs (c)(197)(i)(B)(2) to

read as follows:

Section 52.220 Identification of plan.

* * * * *

(197) * * *

(i) * * *

(B) * * *

(2) Rule 8–5, adopted on January 20,

1993.

* * * * *

[FR Doc. 97–22513 Filed 8–22–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 157–0046a; FRL–5881–1]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, San

Joaquin Valley Unified Air Pollution

Control District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action on a revision to the California

State Implementation Plan. The revision

concerns a rule from the San Joaquin

Valley Unified Air Pollution Control

District (SJVUAPCD). This approval

action will incorporate this rule into the

federally approved SIP. The intended

effect of approving this rule 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 rule controls VOC