Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20145

require the private sector to perform

certain duties. The rules being approved

by this action will impose no new

requirements; such sources are already

subject to these regulations under State

law. Accordingly, 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 Agency has reviewed

this request for revision of the federallyapproved SIP for conformance with the

provisions of the 1990 Amendments to

the Clean Air Act enacted on November

15, 1990. The Agency has determined

that this action conforms with those

requirements.

Executive Order 12866

The Office of Management and Budget

has exempted this rule from the

requirements of Section 6 of Executive

Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Dated: September 29, 1995.

Jack W. McGraw,

Acting Regional Administrator.

40 CFR part 52, Subpart TT, 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 TT—Utah

2. Section 52.2320 is amended by

adding paragraph (c)(34) to read as

follows:

§ 52.2320 Identification of plan.

* * * * *

(c) * * *

(34) Revisions to the Utah State

Implementation Plan for the Emission

Statement Inventory regulation, UACR

R307–1–3.5.4., revision of the ozone

nonattainment area designation

definition, UACR R307–1–3.3.3C, and

other minor changes to definitions in

UACR R307–1–1. were submitted by the

Governor in a letter dated November 12,

1993.

(i) Incorporation by reference.

(A) Emission Statement Inventory

regulation, UACR R307–1–3.5.4, ozone

nonattainment area designation

definition, UACR R307–1–3.3.3C, and

the following definitions in UACR

R307–1–1.; ‘‘Control Apparatus’’,

‘‘Emissions Information’’, ‘‘Peak Ozone

Season’’, ‘‘Process Level’’, and ‘‘Process

Rate’’. All were adopted on August 4,

1993, and became effective on

November 15, 1993.

(B) A letter dated May 30, 1995, from

Russell Roberts, Director, Utah Division

of Air Quality to Douglas Skie, Chief,

Air Programs Branch for Region 8.

Editorial note: This document was

received at the Office of the Federal Register

May 1, 1996.

[FR Doc. 96–11198 Filed 5–3–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[CA 140–10–7261a; FRL–5456–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision, Placer

County Air Pollution Control District

and Ventura County Air Pollution

Control 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 (SIP). The

revisions concern rules from the

following districts: the Placer County

Air Pollution Control District (PCAPCD)

and the Ventura County Air Pollution

Control District (VCAPCD). 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 storage and transfer

of organic liquids and tank degassing

operations. 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 5,

1996 unless adverse or critical

comments are received by June 5, 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

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.

Placer County Air Pollution Control District,

11464 B Avenue, Auburn, CA 95603.

Ventura County Air Pollution Control

District, Rule Development Section, 669

County Square Drive, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT:

Duane F. James, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105, Telephone: (415)

744–1191, email:

james.duane@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the

California SIP include: the PCAPCD’s

Rule 212, ‘‘Storage of Organic Liquids,’’

and Rule 215, ‘‘Transfer of Gasoline into

Tank Trucks, Trailers and Railroad Tank

Cars at Loading Facilities,’’ and the

VCAPCD’s Rule 74.26, ‘‘Crude Oil

Storage Tank Degassing Operations,’’

and Rule 74.27, ‘‘Gasoline and ROC

Liquid Storage Tank Degassing

Operations.’’ These rules were

submitted by the California Air

Resources Board (ARB) to EPA on

January 24, 1995 (Rules 215, 74.26, and

74.27) and October 13, 1995 (Rule 212).

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

portions of Placer County in the

Sacramento Metro Area and the Ventura

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
20146 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

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

Notice’’ (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 was reclassified

from serious to severe on June 1, 1995. See 60 FR

20237 (April 25, 1995). The Ventura County Area

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).

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).

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 SIPCall). 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 and

the Ventura County Area are classified

as severe; 2 therefore, these areas were

subject to the RACT fix-up requirement

and the May 15, 1991 deadline.

The State of California submitted

many revised RACT rules for

incorporation into its SIP on January 24,

1995, and October 13, 1995, including

the rules being acted on in this

document. The PCAPCD adopted Rule

212 on June 8, 1995, and Rule 215 on

November 3, 1994, and the VCAPCD

adopted Rules 74.26 and 74.27 on

November 8, 1994. These submitted

rules were found to be complete on

February 24, 1995 (Rules 215, 74.26,

and 74.27) and November 28, 1995

(Rule 212), pursuant to EPA’s

completeness criteria that are set forth

in 40 CFR part 51, appendix V 3 and are

being finalized for approval into the SP.

The PCAPCD’s Rule 212 requires

facilities to install and operate vapor

loss control devices for the storage of

organic liquids with vapor pressures of

0.5 psia or higher, and Rule 215 requires

vapor collection and disposal systems

for loading gasoline into tank trucks,

trailers, or railroad tank cars. The

VCAPCD’s Rules 74.26 and 74.27 reduce

emissions of VOCs from the degassing of

crude oil, produced water, gasoline, and

VOC liquid storage tanks. VOCs

contribute to the production of ground

level ozone and smog. These rules were

originally adopted as part of the

PCAPCD’s and the VCAPCD’s efforts 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 CTGs applicable to

PCAPCD’s Rule 212 are entitled

‘‘Control of Volatile Organic Emissions

from Storage of Petroleum Liquids in

Fixed-Roof Tanks (EPA–450/2–77–036)’’

and ‘‘Control of Volatile Organic

Emissions from Petroleum Liquid

Storage in External Floating Roof Tanks

(EPA–450/2–78–047).’’ The CTGs

applicable to PCAPCD’s Rule 215 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),’’

and ‘‘Control of Volatile Organic

Compound Leaks from Gasoline Tank

Trucks and Vapor Collection Systems

(EPA–450/2–78–051).’’ There are no

CTGs applicable to VCAPCD’s Rules

74.26 and 74.27. 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 PCAPCD’s submitted Rule 212,

‘‘Storage of Organic Liquids,’’ includes

the following significant changes from

the current SIP:

• The Table of Content’s reference to

section 110 has been deleted because

that section was deleted in the previous

version of the rule.

• There were two sections 503.1. The

second was renumbered to 503.2.

The PCAPCD’s submitted Rule 215,

‘‘Transfer of Gasoline into Tank Trucks,

Trailers and Railroad Tank Cars at

Loading Facilities,’’ includes the

following significant changes from the

current SIP:

• The rule’s applicability was

broadened.

• The definitions of bulk plant and

bulk terminal were added to the rule.

The definition of volatile organic

compound (VOC) was updated for

consistency with 40 CFR 51.100(s).

• An emission standard of 0.6 pounds

of VOC per 1000 gallons of gasoline

transferred was added for bulk plants.

• The ARB’s Methods 202 and 203

were added to the rule for equipment

certifications.

The VCAPCD’s Rule 74.26, ‘‘Crude

Oil Storage Tank Degassing

Operations,’’ and Rule 74.27, ‘‘Gasoline

and ROC Liquid Storage Tank Degassing

Operations,’’ are new rules that reduce

the emissions of VOCs from the

degassing of crude oil, produced water,

gasoline, and VOC liquid storage tanks.

The rules require a vapor destruction

and removal efficiency of at least 95%

until the vapor concentration in the tank

is 10% of its initial concentration or less

than 10,000 parts per million volume

(ppmv). Records of the inlet and outlet

concentration are to be made at the

beginning of and throughout the test.

Records of temperature are required

when refrigerated condensers are used.

All records must be maintained for two

years from the date of entry. ASTM

Methods D 323–82, D 2879–86 and E

260–91 and EPA Methods 2A, 21, and

25A are the test methods used for

compliance determinations. A more

detailed discussion of the controls

required and the justification for why
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20147

these controls represent RACT can be

found in the Technical Support

Documents (TSDs) for Rules 74.26 and

74.27, dated November 7, 1995.

EPA has evaluated the submitted

rules and has determined that they are

consistent with the CAA, EPA

regulations, and EPA policy. Therefore,

the PCAPCD’s Rule 212, ‘‘Storage of

Organic Liquids,’’ and Rule 215,

‘‘Transfer of Gasoline into Tank Trucks,

Trailers and Railroad Tank Cars at

Loading Facilities,’’ and the VCAPCD’s

Rule 74.26, ‘‘Crude Oil Storage Tank

Degassing Operations,’’ and Rule 74.27,

‘‘Gasoline and ROC Liquid Storage Tank

Degassing Operations,’’ 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 5, 1996,

unless, by June 5, 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 July 5, 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. 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 11, 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)(214)(i)(D)(2) and

(E) and (c)(225)(i)(B)(2) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(214) * * *

(i) * * *

(D) * * *

(2) Rule 74.26 and Rule 74.27,

adopted on November 8, 1994.

(E) Placer County Air Pollution

Control District.

(1) Rule 215, adopted on November 3,

1994.

* * * * *

(225) * * *

(i) * * *

(B) * * *

(2) Rule 212, adopted on June 8, 1995.

* * * * *

[FR Doc. 96–11210 Filed 5–03–96; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[IL129–1–7046a; FRL–5464–8]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: On March 14, 1995, the

Illinois Environmental Protection