[Federal Register: May 24, 2004 (Volume 69, Number 100)]
[Rules and Regulations]
[Page 29451-29454]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24my04-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 169-0440a; FRL-7665-2]
Revision to the California State Implementation Plan, Bay Area
Air Quality Management District, Monterey Bay Unified Air Pollution
Control District, and Ventura County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Bay Area Air Quality Management District (BAAQMD) Monterey Bay Unified
Air Pollution Control District (MBUAPCD), and Ventura County Air
Pollution Control District (VCAPCD) portions of the California State
Implementation Plan (SIP). The revisions concern the emission of
volatile organic compounds (VOCs) from episodic releases from relief
devices, the emission of VOCs from the transfer of gasoline into
storage containers at bulk terminals, and the storage and transfer of
gasoline at dispensing facilities. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).
DATES: This rule is effective on July 23, 2004 without further notice,
unless EPA receives adverse comments by June 23, 2004. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this rule will not take effect.
ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, or e-mail to steckel.andrew@epa.gov,
or submit comments at http://www.regulations.gov.
You can inspect a copy of the submitted rule revisions and EPA's
technical support documents (TSDs) at our Region IX office during
normal business hours. You may also see a copy of the submitted rule
revisions and TSDs at the following locations:
Environmental Protection Agency, Air Docket (6102), Ariel Rios
Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109.
Monterey Bay Unified Air Pollution Control District, 24580 Silver
Cloud Court, Monterey, CA 93940.
Ventura County Air Pollution Control District, 669 County Square
Drive, Ventura, CA 93003.
A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm.
Please be advised that this is not
an EPA Web site and may not contain the same version of the rule that
was submitted to EPA.
FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 947-4118,
petersen.alfred@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What Rules Did the State Submit?
B. Are There Other Versions of These Rules?
C. What Is the Purpose of the Submitted Rule Revisions?
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
B. Do the Rules Meet the Evaluation Criteria?
C. EPA Recommendation To Further Improve a Rule
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What Rules Did the State Submit?
Table 1 lists the rule we are approving with the date that it was
amended or revised by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Rule < greek-
Local agency i> Rule title Amended or revised Submitted
----------------------------------------------------------------------------------------------------------------
BAAQMD......................... 8-28 Episodic Releases from Pressure 03/18/98 Amended.. 03/28/00
Relief Devices at Petroleum
Refineries and Chemical Plants.
MBUAPCD........................ 418 Transfer of Gasoline into 04/16/03 Revised.. 08/11/03
Stationary Storage Containers.
VCAPCD......................... 70 Storage and Transfer of Gasoline. 11/11/03 Revised.. 01/15/04
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[[Page 29452]]
On May 19, 2000, the submittal of BAAQMD Rule 8-28 was found to
meet the completeness criteria in 40 CFR part 51, appendix V, which
must be met before formal EPA review. On October 10, 2003, the
submittal of MBUAPCD Rule 418 was found to meet the completeness
criteria. On March 1, 2004, the submittal of VCAPCD Rule 70 was found
to meet the completeness criteria.
B. Are There Other Versions of These Rules?
We approved a version of BAAQMD Rule 8-28 into the SIP on December
9, 1994 (59 FR 63721). We approved a version of MBUAPCD Rule 418 into
the SIP on April 23, 2002 (67 FR 19682). We approved a version of
VCAPCD Rule 70 into the SIP on October 29, 2002 (67 FR 65873).
C. What Is the Purpose of the Submitted Rule Revisions?
VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires states
to submit regulations that control VOC emissions.
The purpose of revising BAAQMD Rule 8-28 relative to the SIP rule
is to make the following changes:
8-28-114: To add a limited exemption from venting to a
vapor recovery system for small refineries processing less than 20,000
barrels per day of crude.
8-28-200: To add nine new definitions to improve clarity.
8-28-302: To add a requirement that new sources meet BACT
and to add a requirement to meet the Prevention Measures Procedures of
8-28-405.
8-28-303: To revise the five choices for compliance of
existing sources down to two choices, which are to either vent to a
vapor recovery system or to meet the Prevention Measures Procedures of
8-28-405.
8-28-304: To add the requirement to vent all devices,
having a second Release Event, to a vapor recovery system.
8-28-401: To add additional reporting requirements for
information regarding a Release Event.
8-28-401: To delete the requirement to maintain records of
measurements for a period of two years.
8-28-405: To add requirements for Prevention Measures
Procedures and a Process Hazards Analysis.
8-28-600: To revise test methods for the determination of
Control Efficiency.
The purpose of revising MBUAPCD Rule 418 relative to the SIP rule
is to make the following changes:
418.1.3.2: To require exemption from vapor recovery for
delivery vessels for small facilities in operation before January 1,
1976, be requested annually by the owner instead of the owner or
operator.
418.2.2: To add the definition of [California Air
Resources Board] ARB-certified vapor recovery system.
418.3.1: To require that the vapor recovery system for
transfer from a delivery vessel to a storage tank be ARB-certified
instead of having a recovery of at least 95% of the gasoline vapors
displaced.
418.5: To change the test method for the vapor recovery
efficiency to ARB TP-202.1; the certification procedure for cargo tanks
to ARB TP-204; and the static pressure and leak test procedures to ARB
TP-204.1, 204.2, and 204.3.
The purpose of revising Rule 70 relative to the SIP is to remedy a
deficiency in the limited approval/limited disapproval on October 29,
2002 (67 FR 65873). Offset sanctions would start on May 30, 2004, if
the deficiency were not corrected. The deficiency cited and the remedy
is as follows:
[Sections H.1.c, H.2.b, H.3, and H.7.a: Reverification of
the performance tests of the vapor recovery system originally required
by the Executive Order should be performed more frequently. EPA
recommends reverification of performance tests once every 6-12 months
in order to fulfill RACT.] The reverification of performance tests
frequencies have been increased. The static pressure test, dynamic
pressure test, and liquid removal rate test for vapor recovery systems
at all dispensing facilities exceeding 100,000 gallons per year of
gasoline throughput are now required every 12 months. The air-to-
liquid-volume-ratio test for vapor recovery systems at all dispensing
facilities using vacuum assist are now required every 12 months. Test
frequencies are less at smaller facilities.
Other revisions to improve Rule 70 are as follows:
An obsolete compliance date was removed.
The list of Phase II (storage tank to vehicle) vapor
recovery system defects was removed from the rule and instead
referenced in California Code of Regulations, title 17, section 94006,
adopted November 12, 2002.
The references to specific CARB test methods were updated.
Any test required by the CARB Executive Order, but not by
this rule, shall be performed at the frequency required by the CARB
Executive Order.
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
CAA), must require Reasonably Available Control Technology (RACT) for
major sources in nonattainment areas (see section 182(a)(2)(A)), must
fulfill the special requirements for gasoline vapor recovery in ozone
nonattainment areas (see section 182(b)(3)(A)), and must not relax
existing requirements (see sections 110(l) and 193).
The BAAQMD regulates an area designated ozone nonattainment in
accordance with subpart 1, section 172(c)(1) of the CAA. This section
requires that the BAAQMD in general adopt RACM that, at a minimum,
includes RACT. There are no specific mandatory RACM/RACT measures for
VOC that must be adopted in subpart 1. Therefore, we are evaluating
that the control measures and/or control technology employed are
reasonably available.
The MBUAPCD regulates an ozone maintenance attainment area (see 40
CFR part 81). The maintenance attainment plan relies on MBUAPCD Rule
418 for attainment. See Redesignation Request and Request for Exemption
from NOX RACT Rule Requirements for the Monterey Bay Region
(March, 1994). Therefore, MBUAPCD Rule 418 must fulfill the
requirements of RACT and the special requirements for gasoline
recovery.
The VCAPCD regulates an area designated ozone nonattainment.
Therefore, VCAPCD Rule 70 must fulfill the requirements of RACT and the
special requirements for gasoline recovery.
The following guidance documents were used for reference:
Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, EPA, 40 CFR part 51.
Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations, EPA (May 25, 1988). (The Bluebook)
Guidance Document for Correcting Common VOC & Other Rule
Deficiencies, EPA Region IX (August 21, 2001). (The Little Bluebook)
Gasoline Vapor Recovery Guidelines, EPA Region IX (April
24, 2000).
Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals, EPA-450-2-77-026 (October 1977).
Control of VOC Leaks From Gasoline Tank Trucks and Vapor
Collection Systems, EPA-50-2-78-051 (December 1978).
[[Page 29453]]
B. Do the Rules Meet the Evaluation Criteria?
We believe the rules are consistent with the relevant policy and
guidance regarding enforceability, SIP relaxations, special gasoline
requirements, and fulfilling RACM/RACT in general. The TSD has more
information on our evaluation.
C. EPA Recommendation to Further Improve a Rule
The TSD describes an additional revision to BAAQMD Rule 8-28 that
does not affect EPA's current action but is recommended for the next
time the local agency modifies the rule.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the CAA, EPA is fully
approving submitted rules because we believe they fulfill all relevant
requirements. We do not think anyone will object to this, so we are
finalizing the approval without proposing it in advance. However, in
the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by June 23, 2004, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on July 23, 2004. This will incorporate Rule
BAAQMD 8-28, MBUAPCD Rule 418, and VCAPCD Rule 70 into the federally-
enforceable SIP. There are no sanction or FIP clocks associated with
our previous action on BAAQMD 8-28 or MBUAPCD Rule 418. However, offset
sanctions for VCAPCD Rule 70 would start on May 31, 2004, to be
followed six months later by highway sanctions, if the deficiency were
not remedied.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does 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 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 action is not a ``major rule'' as defined by 5 U.S.C.
804(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 23, 2004. 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 7, 2004.
Laura Yoshii,
Deputy Regional Administrator, Region IX.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(277)(i)(C)(8),
[[Page 29454]]
(320)(i)(A)(3), and (328) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(277) * * *
(i) * * *
(C) * * *
(8) Rule 8-28, adopted on July 16, 1980 and amended on March 18,
1998.
* * * * *
(320) * * *
(i) * * *
(A) * * *
(3) Rule 418, adopted on September 1, 1974 and revised on April 16,
2003.
* * * * *
(328) Amended regulations for the following APCDs were submitted on
January 15, 2004, by the Governor's Designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District
(1) Rule 70, adopted on June 25, 1974 and revised on November 11,
2003.
* * * * *
[FR Doc. 04-11553 Filed 5-21-04; 8:45 am]
BILLING CODE 6560-50-P