[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Rules and Regulations]
[Pages 19555-19558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10565]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 070-0001a; FRL-5451-9]


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.

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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 San Joaquin Valley Unified Air Pollution Control District 
(SJVUAPCD). 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 
transfer of gasoline into stationary storage containers, delivery 
vessels, bulk plants, and vehicle fuel tanks. 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 1, 1996, unless adverse or 
critical comments are received by June 3, 1996. If the effective date 
is delayed, a timely notice will be published in the Federal Register.

ADDRESSES: 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 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.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Fresno, CA 93721.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section 
(A-5-3), Air and Toxics Division, U.S.

[[Page 19556]]

Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105, Telephone: (415) 744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

    The SJVUAPCD rules being approved into the California SIP include: 
Rule 4621, Gasoline Transfer into Stationary Storage containers, 
Delivery Vessels, and Bulk Plants, and Rule 4622, Transfer of Gasoline 
into Vehicle Fuel Tanks. These rules were submitted by the California 
Air Resources Board (CARB) to EPA on November 18, 1993 and May 24, 
1994, respectively.

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 San Joaquin Valley Air 
Basin which includes the following eight air pollution control 
districts (APCDs): Fresno County APCD, Kern County APCD,<SUP>1 King 
County APCD, Madera County APCD, Merced County APCD, San Joaquin County 
APCD, Stanislaus County APCD, and Tulare County APCD. 43 FR 8964, 40 
CFR 81.305. The SJVUAPCD has authority over the San Joaquin Valley Air 
Basin which includes all the above eight counties except for the 
Southeast Desert Air Basin portion of Kern County. Because these areas 
were unable to meet the statutory attainment date of December 31, 1982, 
California requested under section 172(a)(2), and EPA approved, an 
extension of the attainment date to December 31, 1987.<SUP>2 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. Pub. L. 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.
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    \1\ At that time, Kern County included portions of two air 
basins: the San Joaquin Valley Air Basin and the Southeast Desert 
Air Basin. The San Joaquin Valley Air Basin portion of Kern County 
was designated as nonattainment, and the Southeast Desert Air Basin 
portion of Kern County was designated as unclassified. See CFR 
81.305 (1991).
    \2\ This extension was not requested for the following counties: 
Kern, Kings, Madera, Merced and Tulare. Thus, the attainment date 
for these counties remained December 31, 1982.
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    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>3 EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas. The San Joaquin Valley Air Basin is classified as 
serious <SUP>4; therefore, this area was subject to the RACT fix-up 
requirement and the May 15, 1991 deadline.
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    \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 San Joaquin Valley Air Basin was 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 November 18, 1993 and May 24, 1994, 
including the rules being acted on in this document. This document 
addresses EPA's direct-final action for SJVUAPCD Rule 4621, Gasoline 
Transfer into Stationary Storage Containers, Delivery Vessels, and Bulk 
Plants, and Rule 4622, Transfer of Gasoline into Vehicle Fuel Tanks. 
SJVUAPCD adopted Rule 4621 on May 20, 1993 and Rule 4622 on February 
17, 1994. These submitted rules were found to be complete on December 
23, 1993 and July 14, 1994, respectively, pursuant to EPA's 
completeness criteria that are set forth in 40 CFR part 51, Appendix V 
<SUP>5 and are being finalized for approval into the SIP.
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    \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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    Rule 4621 limits VOC emissions from the transfer of gasoline into 
stationary storage containers, delivery vessels, and gasoline bulk 
plants. Rule 4622 limits VOC emissions in gasoline vapors during the 
transfer of gasoline into vehicle fuel tanks. VOCs contribute to the 
production of ground level ozone and smog. These rules were originally 
adopted as part of SJVUAPCD'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.

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 CTG 
applicable to Rule 4621 is entitled, 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. Rule 4622 was compared to EPA's 
draft model Stage II Rule, dated August 17, 1992. 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.
    SJVUAPCD's submitted Rule 4621, Gasoline Transfer into Stationary 
Storage Containers, Delivery Vessels, and Bulk Plants includes the 
following significant changes from the current SIP, Rule 411.1, Storage 
of Gasoline into Stationary Storage Containers:
    <bullet> The scope of the rule was expanded to include delivery 
vessels and bulk plants.
    <bullet> The definitions section was expanded for rule clarity.

[[Page 19557]]

    <bullet> The exemption section was revised to include a limited 
exemption for delivery vessels.
    <bullet> A requirement was added for gasoline bulk plants.
    <bullet> Recordkeeping and test method requirements were added.
    <bullet> The compliance schedule was revised.
    SJVUAPCD Rule 4622, Transfer of Gasoline into Vehicle Fuel Tanks, 
includes the following significant changes from the current SIP Rule 
411.2:
    <bullet> An applicability and purpose statement was added to the 
rule for clarity.
    <bullet> The definitions section was expanded.
    <bullet> Recordkeeping and test method requirements were added.
    <bullet> The compliance schedule was revised.
    SJVUAPCD Rules 4621 and 4622 were amended and renumbered several 
times. A detailed description and history of each rule is contained in 
the associated technical support document, dated February 8, 1996.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SJVUAPCD Rule 4621, Gasoline Transfer into Stationary 
Storage Containers, Delivery Vessels, and Bulk Plants, and Rule 4622, 
Transfer of Gasoline into Vehicle Fuel Tanks 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 1, 1996, unless, by June 3, 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 notice 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 1, 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. Sec. Sec. 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 24, 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)(194)(i)(C)(2) 
and (197)(i)(C) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (194) * * *
    (i) * * *
    (C) * * *
    (2) Rule 4621, adopted on May 20, 1993.
* * * * *
    (197) * * *
    (i) * * *
    (C) San Joaquin Valley Unified Air Pollution Control District.

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    (1) Rule 4622, adopted on February 17, 1994.
* * * * *
[FR Doc. 96-10565 Filed 5-1-96; 8:45 am]
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