[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45175-45178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21162]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 126-163a; FRL-6419-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; South Coast Air Quality Management
District; Ventura County Air Pollution Control District; Mojave Desert
Air Quality Management 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 rules from
the South Coast Air Quality Management District (SCAQMD), Ventura
County Air Pollution Control District (VCAPCD), and Mojave Desert Air
Quality Management District (MDAQMD). This approval action will
incorporate two rules into the federally approved SIP and remove two
rules from the 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 two rules control VOC emissions from storage tank
cleaning and degassing operations and from components at crude oil and
natural gas production and processing facilities. The two rules to be
removed control VOC emissions from pumps, compressors, and relief
valves. Thus, EPA is finalizing the approval of these revisions of 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 rule is effective on October 18, 1999 without further
notice, unless EPA receives adverse comments by September 20, 1999. If
EPA receives such comment, it will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel at the
Region IX office listed below. 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 Office (AIR-4), Air 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 95812
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
Ventura County Air Pollution Control District, 702 County Square Drive,
Ventura, CA 93003.
Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite
200, Victorville, CA 92392-2383.
FOR FURTHER INFORMATION CONTACT: Max Fantillo, Rulemaking Office, AIR-
4, Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1183.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include: SCAQMD's
Rule 1149, Storage Tank Cleaning and Degassing and VCAPCD's Rule 74.10,
Components at Crude Oil and Natural Gas Production and Processing
Facilities. The rules being removed from the SIP are MDAQMD's Rule 466,
Pumps and Compressors and Rule 467, Safety Pressure Relief Valves.
These rules were submitted by the California Air Resources Board (CARB)
to EPA on October 13, 1995 (Rule 1149), June 23, 1998 (Rule 74.10), and
November 30, 1994 (Rules 466 and 467).
II. 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 Los Angeles-South
Coast Air Basin, the Ventura County area, and the South Desert Air
Basin managed by MDAQMD. 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 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. Public Law 101-549, 104 Stat. 2399,
codified at 42 U.S.C. 7401-7671q. In amended section 182(a)(2)(A) of
the CAA, Congress statutorily adopted the requirement that
nonattainment areas fix their deficient reasonably available control
technology (RACT) rules for ozone and established a deadline of May 15,
1991 for states to submit corrections of those deficiencies.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in pre-amendment guidance.1 EPA's SIP-Call used
that guidance to indicate the necessary corrections for specific
nonattainment areas. The Los Angeles-South Coast Air Basin is
classified as extreme; the Ventura County area and the Southeast Desert
Air Basin managed by MDAQMD
[[Page 45176]]
are classified as severe; 2 therefore, these areas were
subject to the RACT fix-up requirement and the May 15, 1991 deadline.
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\1\ 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
document'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\2\ The Los Angeles-South Coast Air Basin, Ventura County area,
and the Southeast Desert Air Basin managed by MDAQMD retained their
designations of nonattainment and were classified by operation of
law pursuant to sections 107(d) and 181(a) upon the date of
enactment of the CAA. See 56 FR 56694 (November 6, 1991).
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The State of California submitted many RACT rules for incorporation
into its SIP on November 30, 1994, October 13, 1995, and June 23, 1998,
including the rules being acted on in this document. This document
addresses EPA's direct-final action for SCAQMD'S Rule 1149, Storage
Tank Cleaning and Degassing, and VCAPCD's Rule 74.10, Components at
Crude Oil and Natural Gas Production and Processing Facilities. SCAQMD
adopted Rule 1149 on July 14, 1995 and VCAPCD amended Rule 74.10 on
March 10, 1998. These submitted rules were found to be complete on
November 28, 1995 and August 25, 1998 respectively pursuant to EPA's
completeness criteria that are set forth in 40 CFR part 51, appendix V
3 and are being finalized for approval into the SIP. This
document also addresses the State of California's request that MDAQMD's
Rule 466, Pumps and Compressors, and Rule 467, Safety Pressure Relief
Valves, be removed from the SIP.
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\3\ 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 1149 controls VOC emissions from the cleaning and degassing of
stationary tanks, reservoirs, or other containers; Rule 74.10 sets
requirements for controls fugitive VOC emissions from crude oil and
natural gas production and processing facilities; rescinded Rules 466
and 467 control VOC emissions from pumps, compressors, and pressure
relief valves used in oil and gas production and processing facilities.
VOCs contribute to the production of ground level ozone and smog. These
rules were originally adopted as part of SCAQMD's, VCAPCD's, and
MDAQMD's effort to achieve the National Ambient Air Quality Standard
(NAAQS) for ozone and in response to EPA's SIP-Call and the section
182(a)(2)(A) CAA requirement. The following is EPA's evaluation and
final action for these rules.
III. 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 1. 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
``fix-up'' their RACT rules. See section 182(a)(2)(A). There is no CTG
document directly applicable to Rule 1149. However, CTG documents used
as guidance in evaluating Rule 1149 are entitled, ``Control of Volatile
Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof
Tanks,'' EPA-450/2-77-036 and ``Control of Volatile Organic Emissions
from Petroleum Liquid Storage in External Floating Roof Tanks,'' EPA-
450/2-78-047. The CTG applicable to Rule 74.10 is entitled, ``Control
of Volatile Organic Compound Equipment Leaks from Natural Gas/Gasoline
Processing Plants,'' EPA-450/3-83-007. Further interpretations of EPA
policy are found in the Blue Book, referred to in footnote 1. In
general, these guidance documents have been set forth to ensure that
VOC rules are fully enforceable and strengthen or maintain the SIP.
SCAQMD Rule 1149 is a new rule which controls VOC emissions from
the degassing of petroleum storage tanks, reservoirs, or other
containers. Above-ground containers and underground tanks are subject
to this rule depending upon their capacity and the vapor pressure of
the stored organic liquid. The rule requires degassing emissions to be
controlled by at least 90%, using several methods, including, liquid
balancing, negative pressure displacement with subsequent incineration,
or refrigeration. Monitoring of refrigeration and carbon adsorption is
required, along with records of monitoring results, vapor pressures,
and degassing operations.
On August 17, 1994, EPA approved into the SIP a version of Rule
74.10, Components at Crude Oil and Natural Gas Production and
Processing Facilities, that had been adopted by VCAPCD on June 16,
1992. Revisions to this rule were subsequently adopted on March 10,
1998 and submitted to EPA. VCAPCD's submitted Rule 74.10, Components at
Crude Oil and Natural Gas Production and Processing Facilities include
the following significant changes from the current SIP:
Expanded the applicability by including pipeline transfer
stations.
Added new requirements for inspection, inspection
frequency, and monitoring, and more stringent retrofit and/or
replacement requirements for critical components.
Added an option to change from quarterly to annual
inspection.
Tightened deadlines for both the initial and final repair
of leaks.
Added exemptions for certain components meeting certain
conditions and recordkeeping requirements for leaks.
Updated the test methods for measurement of ROC
concentrations.
Added violation requirements for liquid leaks.
Added new definitions and revised others for clarity.
MDAQMD's Rule 466, Pumps and Compressors and Rule 467, Safety
Pressure Relief Valves were submitted to be removed from the SIP. These
rules were adopted to control volatile organic compounds emissions from
pumps, compressors, and pressure relief valves within the Southeast
Desert Air Basin managed by MDAQMD. Rule 1102 was adopted to replace
Rules 466 and 467. Rule 1102 was approved into the SIP on September 27,
1995 (60 FR 49772). This rule covers the scope and emission limitations
that Rules 466 and 467 currently have in the SIP. Consequently, MDAQMD
is rescinding Rules 466 and 467 because they no longer apply and are
extraneous. Further, no limits are relaxed or emission increase by this
action. The removal of Rules 466 and 467 from the SIP are consistent
with EPA's policy requirements and remove extraneous rules that serve
no purpose.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD's Rule 1149, Storage Tank Cleaning and Degassing, and
VCAPCD's Rule 74.10, Components at Crude Oil and Natural Gas Production
and Processing Facilities are being approved under section 110(k)(3) of
the CAA as meeting the requirements of section 110(a) and part D.
Furthermore, EPA is removing MDAQMD's Rules 466 and
[[Page 45177]]
467 consistent with the requirements of sections 110(l) and 193.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective October 18, 1999
without further notice unless the Agency receives adverse comments by
September 20, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period. Any parties interested
in commenting on this rule should do so at this time. If no such
comments are received, the public is advised that this rule is
effective on October 18, 1999 and no further action will be taken on
the proposed rule.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, Regulatory
Planning and Review.
B. Executive Order 12875
Under Executive Order 12875, Enhancing the Intergovernmental
Partnership, EPA may not issue a regulation that is not required by
statute and that creates a mandate upon a State, local or tribal
government, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by those governments, or
EPA consults with those governments. If EPA complies by consulting,
Executive Order 12875 requires EPA to provide to the Office of
Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to E.O. 13045 because it is
does not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because 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
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements
[[Page 45178]]
under State or local law, and imposes no new requirements. Accordingly,
no additional costs to State, local, or tribal governments, or to the
private sector, result from this action.
G. Submission to Congress and the Comptroller General
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. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
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 October 18, 1999. 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 30, 1999.
David P. Howekamp,
Acting Regional Administrator, Region IX.
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 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c)(39)(ii)(G),
(c)(225)(i)(A)(4) and (c)(256)(i)(F)(1) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(39) * * *
(ii) * * *
(G) Previously approved on October 8, 1978 and now deleted without
replacement Rules 466 and 467.
* * * * *
(225) * * *
(i) * * *
(A) * * *
(4) Rule 1149, adopted on December 4, 1987 and amended on July 14,
1995.
* * * * *
(256) * * *
(i) * * *
(F) Ventura County Air Pollution Control District.
(1) Rule 74.10, adopted on September 29, 1981 and amended on March
10, 1998.
* * * * *
[FR Doc. 99-21162 Filed 8-18-99; 8:45 am]
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