[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Rules and Regulations]
[Pages 20453-20455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11204]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 095-0008a; FRL-5464-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Santa Barbara 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 on a revision to the
California State Implementation Plan (SIP). The revision concerns a new
rule from the Santa Barbara County Air Pollution Control District
(SBCAPCD). This approval action will incorporate this rule into the
federally approved SIP. The intended effect of approving this rule is
to regulate emissions of oxides of nitrogen (NOX), oxides of
sulfur (SOX), and volatile organic compounds (VOCs). This rule
controls NOX, SOX, and VOC emissions from flare and thermal
oxidizer stacks at oil and gas production industries. Thus, EPA is
finalizing the approval of this rule into the California SIP under
provisions of the Federal Clean Air Act, as amended in 1990 (CAA or the
Act) regarding EPA action on SIP submittals.
DATES: This action is effective on July 8, 1996 unless adverse or
critical comments are received by June 6, 1996. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rule 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 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
Santa Barbara County Air Pollution Control District, 26 Casitilian
Drive, B-23, Goleta, CA 93117
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.
SUPPLEMENTARY INFORMATION:
Applicability
The rule being approved into the California SIP is SBCAPCD Rule
359, Flares and Thermal Oxidizers. This rule was submitted by the
California Air Resources Board (CARB) to EPA on July 13, 1994.
Background
Rule 359 was originally adopted as part of SBCAPCD's 1991 Air
Quality Attainment Plan in response to the California Clean Air Act and
is not required by any specific provision of the CAA. However, SBCAPCD
Rule 359 is consistent with the goals of the CAA and EPA policy. In
addition, Rule 359 furthers the goals of the Act by strengthening the
SIP. Section 110(a) of the CAA contains general requirements for states
to submit enforceable emissions limitations and other control measures
as may be necessary or appropriate to achieve the goals of the Act.
Rule 359 meets these requirements by controlling NOX, SOX,
and VOC emissions from flare and thermal oxidizer stacks at oil and gas
production facilities.
The State of California submitted many rules for incorporation into
its SIP on July 13, 1994, including the rule being acted on in this
notice. This notice addresses EPA's direct-final action for SBCAPCD
Rule 359, Flares
[[Page 20454]]
and Thermal Oxidizers. Santa Barbara County adopted Rule 359 on June
28, 1994. This submitted rule was found to be complete on September 12,
1994 pursuant to EPA's completeness criteria that are set forth in 40
CFR part 51, appendix V 1 and is being finalized for approval into
the SIP.
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\1\ 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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The following is EPA's evaluation and final action for this rule.
EPA Evaluation and Action
In determining the approvability of this rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and with EPA
policy.
SBCAPCD's submitted Rule 359, Flares and Thermal Oxidizers includes
the following requirements:
Fuel sulfur content limits
The use of technology-based standards
A flare minimization plan for all planned flaring
activities
Emergency events documentation
Proposes pollutant emission limits for continuous, planned
flaring at thermal oxidizers and enclosed ground flares
Source testing
Requires monitoring, recordkeeping, and reporting
For a detailed evaluation of SBCAPCD Rule 359, please refer to the
technical support document (TSD) dated March 20, 1996.
EPA has evaluated the submitted rule and has determined that it is
consistent with the goals of the Act, the requirements of 110(a), and
EPA policy. Therefore, SBCAPCD Rule 359, Flares and Thermal Oxidizers
is being approved into the federally approved SIP because of its
beneficial effect on the air quality in the Santa Barbara County area
and its strengthening of the SIP.
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 notice 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 8, 1996, unless, by June 6, 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 8, 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 populations of less than
50,000.
SIP approvals under section 110 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.
These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rule being approved by this action will impose no
new requirements because affected sources are already subject to this
regulation 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: April 18, 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 paragraph (c)(198)(i)(K)(2)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(198) * * *
(i) * * *
(K) * * *
[[Page 20455]]
(2) Rule 359, adopted on June 28, 1994.
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[FR Doc. 96-11204 Filed 5-6-96; 8:45 am]
BILLING CODE 6560-50-P
