20142 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

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

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, 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

Act, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of the State action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. EPA., 427

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

7410(a)(2).

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 July 5, 1996.

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, Incorporation by

reference, Particulate matter.

Dated: April 19, 1996.

Valdas V. Adamkus,

Regional Administrator.

For the reasons stated in the

preamble, 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 52.1870 is amended by

adding paragraph (c)(109) to read as

follows:

§ 52.1870 Identification of plan.

* * * * *

(c) * * *

(109) On July 17, 1995, Ohio

submitted a Particulate Matter (PM)

contingency measures State

Implementation Plan (SIP) revision

request. The submittal includes Final

Findings and Orders for 5 companies.

The Findings and Orders provide PM

emission reductions which will take

effect if an area fails to attain the

National Ambient Air Quality Standards

for PM.

(i) Incorporation by reference.

Director’s Final Findings and Orders

for Ford Motor Company (Cleveland

Casting Plant), T&B Foundry Company,

International Mill Service, Luria

Brothers, and United Ready Mix, issued

by the Ohio Environmental Protection

Agency on July 10, 1995.

[FR Doc. 96–11200 Filed 5–3–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[UT18–1–6778a; FRL–5468–8]

Approval and Promulgation of Air

Quality Implementation Plans; Utah;

Emission Statement Regulation, Ozone

Nonattainment Area Designation,

Definitions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving the revision

to the Utah State Implementation Plan

(SIP) that was submitted by the

Governor of Utah on November 12,

1993, for the purpose of implementing

an emission statement program for

stationary sources within the Salt Lake

and Davis Counties (SLDC) ozone

nonattainment area. The emission

statement inventory regulation, Utah Air

Conservation Regulation (UACR) R307–

1–3.5.4., was submitted by the State to

satisfy the Clean Air Act (CAA), as

amended in 1990, requirements for an

emission statement program to be part

of the SIP for Utah. EPA’s approval will

serve to make the emission statement

inventory regulation federally

enforceable. In addition, EPA is

approving other minor changes

involving definitions in UACR R307–1–

1. and the ozone nonattainment area

designation definition in UACR R307–

1–3.3.3.

EFFECTIVE DATE: This final rule will be

effective July 5, 1996, unless adverse

comments are received in writing on or

before June 5, 1996. If the effective date

is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Written comments should

be addressed to: Richard R. Long,

Director, Air Program (8P2–A), United

States Environmental Protection

Agency, Region 8, 999 18th Street, Suite

500, Denver, Colorado 80202–2466.

Copies of the documents relevant to

this action are available for public

inspection between 8:00 a.m. and 4:00

p.m., Monday through Friday at the

following office: United States

Environmental Protection Agency,

Region 8, Air Program, 999 18th Street,

Suite 500, Denver, Colorado 80202–

2466.

FOR FURTHER INFORMATION CONTACT: Tim

Russ, Air Program (8P2–A), United

States Environmental Protection

Agency, Region 8, 999 18th Street, Suite

500, Denver, Colorado 80202–2466,

Telephone number: (303) 312–6479.

SUPPLEMENTARY INFORMATION: Section

110(a)(2)(H)(i) of the CAA provides the

State the opportunity to update its SIP

as needed or to address new statutory

requirements. The State is utilizing this

authority of the CAA to include its

emission statement inventory regulation

as part of the SIP, to revise the ozone

nonattainment area designation

definition, and perform minor definition

changes.

I. Background

The air quality planning and SIP

requirements for ozone nonattainment

and transport areas are set out in

subparts I and II of Part D of Title I of

the CAA. EPA previously published a

‘‘General Preamble’’ describing EPA’s

preliminary views on how EPA intends

to review SIPs and SIP revisions

submitted under Title I of the CAA

(refer to 57 FR 13498, dated April 16,

1992, ‘‘General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990; Proposed

Rule’’, 57 FR 18070, dated April 28,

1992, ‘‘General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990;

Supplemental; Proposed Rule’’, and 57

FR 55620, dated November 25, 1992,

‘‘Nitrogen Oxides Supplement to the

General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990’’). EPA

also issued guidance describing the

requirements for emission statement

programs, as discussed in this action,

entitled ‘‘Guidance on the

Implementation of an Emission

Statement Program’’, dated July, 1992.

Section 182 of the CAA sets out a

graduated control program for ozone

nonattainment areas. Section 182(a)

describes requirements applicable to

Marginal nonattainment areas. These

requirements are also made applicable

to all other ozone nonattainment area
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations 20143

classifications through subsections (b),

(c), (d), and (e) of section 182. Among

the requirements in section 182(a) is a

program, described in paragraph (3) of

that subsection, for stationary sources to

prepare and submit to the State each

year emission statements showing

actual emissions of volatile organic

compounds (VOC) and nitrogen oxides

(NOX). Section 182(a)(3) required States

to submit to EPA, by November 15,

1992, a revision to their SIP establishing

an emission statement program.

EPA’s document ‘‘Guidance on the

Implementation of an Emission

Statement Program’’, dated July, 1992,

provided that whatever minimum

reporting level is established in a State

emission statement program, if either

VOC or NOX is emitted at or above the

designated level, the other pollutant

must be included in the emission

statement even if it is emitted at levels

below the specified cutoffs.

Section 182(a)(3)(B)(ii) allows States

to waive, with EPA approval, the

requirement for an emission statement

for classes or categories of sources with

less than 25 tons per year of actual

plant-wide NOX or VOC emissions in

nonattainment areas if: (1.) the class or

category is included in the base year

and periodic inventories, and (2.)

emissions are calculated using emission

factors established by EPA (such as

those found in EPA’s publication AP–

42) or other methods acceptable to EPA.

The emission statement data must

include: certification of data accuracy;

source identification information;

operating schedule; emissions

information (to include annual and

typical ozone season day emissions);

control equipment information; and

process data. EPA developed the

emission statements data elements so as

to be consistent with other source and

State reporting requirements. This

consistency is essential to assist States

with quality assurance for emission

estimates and to facilitate consolidation

of all EPA reporting requirements.

In addition to the submission of the

emission statement data to AIRS, States

must provide EPA with a status report

that outlines the degree of compliance

with the emissions statement program.

States must report quarterly to EPA the

total number of sources affected by the

State’s emission statement provisions,

the number that have complied with the

provisions, and the number that have

not. This status report must also include

the total annual and typical ozone

season day emissions from all reporting

sources, both corrected and noncorrected for rule-effectiveness (RE).

States must include in their status

report a list of sources that are

delinquent in submitting their emission

statement and that emit 500 tpy or more

of VOC or 2500 tpy or more of NOX.

This report must be submitted quarterly

until all the regulated sources have

complied for the reporting year. The

suggested submittal dates for the

quarterly status reports are July 1,

October 1, January 1, and April 1.

II. Analysis of Utah’s Emission

Statement Regulation

EPA is approving Utah’s rule, UACR

R307–1–3.5.4, ‘‘Emission Statement

Inventory’’, that was submitted by the

Governor to EPA on November 12, 1993.

This rule provides the necessary

requirements for an emission statement

program for the State of Utah as

stipulated in section 182(a)(3) of the

CAA and in EPA’s emission statement

guidance document entitled ‘‘Guidance

on the Implementation of an Emission

Statement Program’’, dated July, 1992.

1. Administrative. The State of Utah

held a public hearing on August 4, 1993,

for its Emission Statement Inventory

regulation. Following the public

hearing, the Emission Statement

Inventory regulation was adopted by the

State with an effective date of November

15, 1993. This new regulation was

submitted to EPA on November 12,

1993, as part of the Ozone

Redesignation Request and Maintenance

Plan SIP revisions. The State’s emission

statement inventory regulation was

prepared to fulfill one of the

requirements of Section 182(b), for

Moderate ozone nonattainment areas, of

the CAA.

The Ozone SIP revisions were

reviewed by EPA to determine

completeness, in accordance with the

completeness criteria found in 40 CFR

Part 51 (as amended by 57 FR 42216 on

August 26, 1991). The initial November

12, 1993, submittal was found to be

incomplete, and a letter dated January

19, 1994, was sent to the Governor

indicating the administrative and

technical deficiencies. The State of Utah

sued EPA on March 18, 1994, regarding

EPA’s incompleteness finding (State of

Utah v. EPA, Case No. 94–9520). As part

of the lawsuit settlement, EPA agreed to

allow the State to repackage its

submittal and request parallel

processing of the appropriate

regulations and SIP revisions relating to

the Ozone Redesignation Request for

Salt Lake and Davis Counties. Therefore,

on June 27, 1994, the State submitted:

(1) a request for parallel processing of

the Ozone Maintenance Plan and, (2) a

reorganized Ozone Redesignation SIP

revision and Maintenance Plan.

Included in the reorganized Ozone

Redesignation SIP revision and

Maintenance Plan was the Emission

Statement Inventory regulation. On the

basis of the State’s June 27, 1994,

submittal, EPA withdrew the January

19, 1994, finding of incompleteness in

a letter to the Governor dated July 7,

1994. The July 7, 1994, letter deemed

the State to have submitted a complete

Ozone Redesignation Request, including

a complete Emission Statement

Inventory regulation submittal, as of

November 12, 1993.

2. Components of an Emission

Statement Regulation: There are several

components of an acceptable emission

statement regulation. Specifically, the

State must submit an emission

statement regulation as a revision to its

SIP. The emission statement regulation

must meet the minimum requirements

for reporting by the sources and the

State. The emission statement regulation

must include provisions for

applicability, definitions, compliance,

and specific source requirements

detailed below.

a. Sources Covered. Section

182(a)(3)(B) requires that States with

areas designated as nonattainment for

ozone require emission statement data

from sources of volatile organic

compounds (VOC) or oxides of nitrogen

(NOX) in the nonattainment areas. This

requirement applies to all ozone

nonattainment areas, regardless of the

classification (Marginal, Moderate, etc.)

and is to be addressed through a SIP

revision. This requirement is fulfilled by

the State in UACR R307–1–3.5.4.A.

b. Regulation Elements. A State’s

emission statement regulation must

include provisions covering

applicability of the regulation,

definitions for key terms used in the

regulation, a compliance schedule for

sources covered by the regulation, and

the specific reporting requirements for

sources. The emission statement

submitted by the source should contain

a certification that the information is

accurate to the best knowledge of the

individual certifying the statement,

identification information (name,

physical location, mailing address of the

facility, latitude and longitude, and 4-

digit Standard Industrial Classification

(SIC) code(s)), operating schedule

information (annual throughput, days

per week on the normal operating

schedule, hours per day during the

normal operating schedule, and hours

per year on the normal operating

schedule), process rate data (annual

process rate (annual throughput) and

peak ozone season daily process rate),

control equipment information (current

primary and secondary control

equipment identification codes and

current combined control equipment
20144 Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Rules and Regulations

efficiency (%)), emissions information

(estimated actual VOC and NOX

emissions at the segment level (in tons

per year for an annual emission rate and

pounds per day for a typical ozone

season day), estimated emissions

method code, calendar year for the

emissions, and emission factor (if

used)). The above requirements are

fulfilled by the State in UACR R307–1–

3.5.4.B., UACR R307–1–3.5.4.C., and

UACR R307–1–3.5.4.D.

c. Reporting Requirements for

Sources. Sources covered by Utah’s

Emission Statement Inventory

regulation must submit the data

elements described under Regulation

Elements in section 2.b. above. The

State addressed this requirement in

UACR R307–1–3.5.4.

d. Reporting Requirements for State.

States must: (1) provide to EPA the

information for the sources covered by

the emission statement regulation, (2)

provide the value for rule effectiveness

utilized by the State in its calculations,

(3) submit quarterly emission statement

status reports. The quarterly reports

should show the total number of

facilities that met the State’s emission

statement regulation requirements and

the number of facilities that failed to

meet the requirements. The above State

reporting requirements were not

initially addressed in the State’s

submittal. In a letter dated April 21,

1995, from Douglas Skie, Chief, Air

Programs Branch, to Russell Roberts,

Director, Utah Division of Air Quality,

EPA requested the State to commit to

providing the above information in

quarterly status reports. The necessary

format was provided in this letter. In a

letter dated May 30, 1995, from Russell

Roberts, Director, Utah Division of Air

Quality to Douglas Skie, Chief, Air

Programs Branch, the State committed

to provide the requested information.

III. Nonattainment Area Designation

and Other Minor Definition Changes

The State of Utah held a public

hearing on September 1, 1993, for,

among other items, the ozone

‘‘nonattainment area designation’’

definition change. Following the public

hearing, the ozone ‘‘nonattainment area

designation’’ definition change was

adopted by the State with an effective

date of November 13, 1993. UACR

R307–1–3.3.3C was changed from

‘‘Ozone Nonattainment Areas’’ to

‘‘Ozone Nonattainment Areas and Davis

and Salt Lake Counties’’. The other

minor changes involved several

definitions found in UACR R307–1–1.,

‘‘Forward and Definitions’’. These other

minor changes were administratively

addressed in conjunction with the

Emission Statement Inventory

regulation in the August 4, 1993, public

hearing and also became effective on

November 15, 1993.

IV. Enforceability Issues

All measures and other elements in

the SIP must be enforceable by the State

and EPA. Under section 110(a)(2)(E)(iii)

of the Act the State must provide the

necessary assurances that the State has

the authority to implement the SIP. The

State has such authority, for the

implementation of 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., as found in the Utah

Air Conservation Act, Chapter 2,

Sections 19–2–101, 19–2–104, and 19–

2–109.

Final Action. EPA is approving the

following revision to Utah’s SIP as was

submitted by the Governor on

November 12, 1993: 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’’.

EPA is publishing this action 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, EPA is proposing to

approve the SIP revisions should

adverse comments be filed. This action

will be effective July 5, 1996, unless, by

June 5, 1996, adverse comments are

received.

If EPA receives adverse 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. 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.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State

Implementation Plan. Each request for

revision to any 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.

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

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 significant

impact on any small entities. 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).

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

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by July 5, 1996. Filing a petition

for reconsideration by the Administrator

for 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) of the CAA).

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 Section 110

of the Clean Air Act. These rules may

bind State, local and tribal governments

to perform certain actions and also
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