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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules
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TABLE 1SUBMITTED RULE
Local agency
Rule No.

SDCAPCD

61.3.1

Rule title
Adopted
Transfer of Gasoline into Stationary Underground Storage Tanks.

March 1, 2006

On February 9, 2018, the submittal for Rule 61.3.1 was deemed by operation of law to meet the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review.

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B. Are there other versions of this rule?
We approved Rule 61.3: Transfer of Volatile Organic Compounds Into Stationary Storage Tanks revised October 16, 1990 into the SIP on June 30, 1993 58 FR 34906. Rule 61.3
applies to gasoline transfers into aboveground and underground stationary storage tanks at gasoline dispensing facilities GDFs. SDCAPCD
adopted a separate rule, Rule 61.3.1, to update requirements for gasoline transfers to underground storage tanks at GDFs on March 1, 2006, and CARB
submitted the rule to the EPA on August 9, 2017.
C. What is the purpose of the submitted rule?
Emissions of VOCs contribute to the production of ground-level ozone, smog, and particulate matter, which harm human health and the environment.
Section 110a of the CAA requires states to submit regulations that control VOC emissions. SIP-approved Rule 61.3
regulates emissions from gasoline transfers at GDFs. Rule 61.3.1, adopted in 2006, further limits VOC emissions from gasoline transfers into underground storage tanks at GDFs, and requires underground storage tanks at GDFs to have CARB-certified vapor recovery systems meeting a vapor control efficiency of 98% and CARBcertified and vapor tight components including poppetted dry breaks and fittings. Rule 61.3.1 includes requirements for weekly and monthly inspections, and expanded source testing and recordkeeping requirements beyond the requirements included in Rule 61.3. The Districts reasonably available control technology RACT
analysis for the 2008 8-hr ozone National Ambient Air Quality Standard 2008 RACT SIP states that, while 1 The
District supplemented its submittal by providing additional proof of public notice, submitted by CARB to the EPA on December 28, 2020. Letter dated December 28, 2020, from Richard W. Corey, Executive Officer, CARB, to John W.
Busterud, Regional Administrator, EPA, Region IX, transmitting the proof of public notice in The Daily Transcript, and Minute Order No.1 from the SDCAPCD Board hearing on October 14, 2020.

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Rule 61.3 applies to both aboveground and underground storage tanks, Rule 61.3.1 applies only to underground storage tanks. Consequently, Rule 61.3.1
supplements, but does not replace Rule 61.3, as RACT for Stage I vapor recovery . . . . 2
On December 3, 2020 85 FR 77996, the EPA partially disapproved SDCAPCDs 2008 RACT SIP for the source category covering the Design Criteria for Stage I Vapor Control SystemsGasoline Service Stations EPA450/R75102 Control Techniques Guidelines CTG. We refer hereafter to this CTG as the Stage I
Gasoline Transfer CTG. The EPAs August 10, 2020 proposal states that, . . . Rule 61.3.1, which regulates sources in this category, was not properly noticed, and is thus not approvable. The District intends to renotice Rule 61.3.1, which together with Rule 61.3 would establish current RACT for this category. 3
The SDCAPCD submitted a supplement to the original submittal of Rule 61.3.1, which was transmitted by CARB to the EPA on December 28, 2020, and included updated public notice documentation that cured the public notice deficiency from the original submittal of Rule 61.3.1.4
The EPAs TSD has more information about this rule.
II. The EPAs Evaluation and Action A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable see CAA section 110a2, must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA
requirements see CAA section 110l, and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions see CAA section 193.
Generally, SIP rules must require reasonably available control technology 2 SDCAPCD, 2008 Eight-Hour Ozone Reasonably Available Control Technology Demonstration for San Diego County, December 2016, 24.
3 85 FR 48127, 48131.
4 Letter dated December 28, 2020, from Richard W. Corey, Executive Officer, CARB, to John W.
Busterud, Regional Administrator, EPA, Region IX, transmitting the proof of public notice in The Daily Transcript, and Minute Order No.1 from the SDCAPCD Board hearing on October 14, 2020.

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Submitted August 9, 2017.1

RACT for each category of sources covered by a CTG document as well as each major source of VOCs in ozone nonattainment areas classified as moderate or above see CAA section 182b2. The SDCAPCD regulates an ozone nonattainment area classified as a Serious nonattainment area for the 2008 8-hour ozone National Ambient Air Quality Standard NAAQS and a Moderate nonattainment area for the 2015 8-hour ozone NAAQS see 40 CFR
81.305. Therefore, this rule must implement RACT. As this rule regulates only a subset of the sources covered by the CTG, our action evaluates whether Rules 61.3 and 61.3.1 together implement RACT for the entire Stage I
Gasoline Transfer CTG source category.
Guidance and policy documents that we used to evaluate enforceability, revision/relaxation, and rule stringency requirements for the applicable criteria pollutants include the following:
1. State Implementation Plans;
General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR
13498 April 16, 1992; 57 FR 18070
April 28, 1992.
2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988 the Bluebook, revised January 11, 1990.
3. Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001 the Little Bluebook.
4. Design Criteria for Stage I Vapor Control SystemsGasoline Service Stations, EPA450/R75102, November 1975.
B. Does the rule meet the evaluation criteria?
This rule is consistent with CAA
requirements and relevant guidance regarding enforceability, RACT, and SIP
revisions. Specifically, the rule requirements sufficiently ensure that affected sources and regulators can consistently evaluate and determine compliance. Additionally, our analysis finds that Rule 61.3.1 and Rule 61.3
together represent current RACT for the Stage I Gasoline Transfer CTG, because the rules are more stringent than the CTG, and are generally consistent with requirements in other air districts for gasoline transfers into stationary storage tanks at GDFs. Lastly, Rule 61.3.1 will
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