[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12121-12123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5342]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 95-3-6638a; FRL-5159-9]
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. The revisions concern a rule from
the San Joaquin Valley Unified Air Pollution Control District
(SJVUAPCD). The revised rule controls emissions of volatile organic
compounds (VOCs) from in-situ combustion well vents. This approval
action will incorporate this rule into the Federally approved SIP. The
intended effect of approving this rule is to regulate VOC emissions in
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA or the Act). In addition, the final action on this rule
serves as a final determination that the finding of nonsubmittal for
this rule has been corrected and that on the effective date of this
action, any Federal Implementation Plan (FIP) clock is stopped. 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 fnal rule is effective on May 5, 1995 unless adverse or
critical comments are received by April 5, 1995. 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
the rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rule revisions
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,
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.
San Joaquin Valley Unified Air Pollution Control District, 1999
Tuolumne Street, suite 200, Fresno, CA 93721.
FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-
1200.
SUPPLEMENTARY INFORMATION:
Applicability
The rule being approved into the California SIP is SJVUAPCD Rule
4407, In-Situ Combustion Well Vents. This rule was submitted by the
California Air Resources Board (CARB) to EPA on July 13, 1994.
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
Area which encompassed the following eight air pollution control
districts (APCDs): Fresno County APCD, Kern County
[[Page 12122]] APCD,\1\ Kings 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. Because some of 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.\2\ 40 CFR
52.222. 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(b)(2)(C) of the CAA, Congress statutorily required nonattainment
areas to submit reasonably available control technology (RACT) rules
for all major sources of VOCs by November 15, 1992 (the RACT catch-up
requirement).
\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 40 CFR
81.305 (1991).
\2\This extension was not requested for the following counties:
Kern, King, Madera, Merced, and Tulare. Thus, the attainment date
for these counties remained December 31, 1982.
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On March 20, 1991, the SJVUAPCD was formed. The SJVUAPCD has
authority over the San Joaquin Valley Air Basin which includes all of
the above eight counties except for the Southeast Desert Air Basin
portion of Kern County. Thus, Kern County Air Pollution Control
District still exists, but only has authority over the Southeast Desert
Air Basin portion of Kern County.
Section 182(b)(2) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as moderate or
above as of the date of enactment. It requires such areas to adopt RACT
rules pursuant to section 172(b) as interpreted in pre-amendment
guidance.\3\ The San Joaquin Valley Area is classified as serious\4\;
therefore, this area was subject to the RACT catch-up requirement and
the November 15, 1992 deadline.\5\
\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 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).
\5\California did not make the required SIP submittals by
November 15, 1992. On January 15, 1993, the EPA made a finding of
failure to make a submittal pursuant to section 179(a)(1), which
started an 18-month sanction clock. The rule being acted on in this
Notice of Direct Final Rulemaking was submitted in response to the
EPA finding of failure to submit.
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The State of California submitted many RACT rules for incorporation
into its SIP on July 13, 1994, including the rule being acted on in
this document. This document addresses EPA's direct-final action for
SJVUAPCD Rule 4407, In-situ Combustion Well Vents. The SJVUAPCD adopted
Rule 4407 on May 19, 1994. This submitted rule was found to be complete
on July 22, 1994 pursuant to EPA's completeness criteria that are set
forth in 40 CFR part 51 Appendix V\6\ and is being finalized for
approval into the SIP.
\6\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 4407 controls emissions of VOCs from crude oil production
wells where production has been enhanced by the heat of combustion
resulting from air injected into the oil reservoir. VOCs contribute to
the production of ground level ozone and smog. This rule was adopted as
part of the SJVUAPCD's effort to achieve the National Ambient Air
Quality Standard (NAAQS) for ozone and in response to the section
182(b)(2)(C) CAA requirement. The following is EPA's evaluation and
final action for this rule.
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 3. 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
``catch-up'' their RACT rules. See section 182(b)(2). For some source
categories, such as in-situ combustion well vents, EPA has not
published a CTG. In such cases, the air pollution control agency may
determine what controls are required to satisfy the RACT requirement by
reviewing the operations of facilities within the affected source
category. In that review, the technological and economic feasibility of
the proposed controls are considered. Additionally, for both CTG and
non-CTG rules, the air pollution control agency may rely on EPA policy
documents, such as the Blue Book, to ensure that the adopted VOC rules
are fully enforceable and strengthen or maintain the SIP.
SJVUAPCD's submitted Rule 4407, In-Situ Combustion Well Vents, is a
new rule which controls VOC emissions from well vents by requiring
either the use of an emissions control device which reduces well vent
emissions by 85%, or routing emissions to fuel burning equipment or a
smokeless flare. Rule 4407 also requires leak inspection and repair,
annual compliance testing of control systems, and recordkeeping for
operations, inspections and maintenance.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
SJVUAPCD is being approved under section 110(k)(3) of the CAA as
meeting the requirements of section 110(a) and Part D. If this direct
final action is not withdrawn, on May 5, 1995, any FIP clock is
stopped.
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 [[Page 12123]] 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 May 5, 1995, unless, by April 5, 1995, 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 May 5, 1995.
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. Secs. 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).
The Office of Management and Budget has exempted this action from
review under Executive Order 12866.
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: February 8, 1995.
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 paragraph (c)(198)(i)(C) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(198) * * *
(i) * * *
(C) San Joaquin Valley Unified Air Pollution Control District
(1) Rule 4407, adopted on May 19, 1994.
* * * * *
[FR Doc. 95-5342 Filed 3-3-95; 8:45 am]
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