Air quality implementation plans; approval and promulgation; various States: California,

[Federal Register: August 28, 2007 (Volume 72, Number 166)]

[Rules and Regulations]

[Page 49196-49198]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28au07-27]

[[Page 49196]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0421a; FRL-8452-1]

Revisions to the California State Implementation Plan, South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from refinery flares and storage tanks at petroleum 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 October 29, 2007 without further notice, unless EPA receives adverse comments by September 27, 2007. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR- 2007-0421a, by one of the following methods:

1. Federal eRulemaking Portal: http://www.regulations.gov. Follow

   the on-line instructions.

2. E-mail: steckel.andrew@epa.gov.

3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

   Instructions: All comments will be included in the public docket without change and may be made available online at http://www.regulations.gov,

   including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail.

   http://www.regulations.gov is an ``anonymous access'' system, and EPA will not

   know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

   Docket: The index to the docket for this action is available electronically at http://www.regulations.gov and in hard copy at EPA Region

   IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

   FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, at either (415) 947-4111, or wamsley.jerry@epa.gov.

   SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to EPA.

   Table of Contents

   1. The State's Submittal.

      1. What rules did the State submit?

      2. Are there other versions of these rules?

      3. What is the purpose of the submitted rules? II. EPA's Evaluation and Action.

      1. How is EPA evaluating the rules?

      2. Do the rules meet the evaluation criteria?

      3. EPA recommendations to further improve the rules.

      4. Public comment and final action. III. Statutory and Executive Order Reviews.

   1. The State's Submittal

      1. What rules did the State submit?

         Table 1 lists the rules we are approving with the dates that they were adopted by the local air agencies and submitted by the California Air Resources Board (CARB).

         Table 1.--Submitted Rules

         Local agency

         Rule No.

         Rule title

         Adopted Submitted

         SCAQMD............................. 1178................. Further Control of VOC

         04/07/06 06/16/06 Emissions from Storage Tanks at Petroleum Facilities. SCAQMD............................. 1118................. Control of Emissions from 11/04/05 10/05/06 Refinery Flares.

         On July 21, 2006 and October 24, 2006, respectively, EPA found that SCAQMD Rules 1178 and 1118 met the completeness criteria in 40 CFR part 51, Appendix V. The state's submittal must meet these criteria before EPA's formal review can begin.

      2. Are there other versions of these rules?

         We approved a version of Rule 1178 into the SIP on August 26, 2003 (see 68 FR 51181). Rule 1118 has not been submitted previously to EPA for SIP inclusion. There have been no intervening submittals of these rules since we acted on the prior version of Rule 1178, or since Rule 1118 was submitted.

      3. What is the purpose of the submitted rules?

         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. Rule 1178 applies additional controls to reduce VOC emissions during the filling, storage, and emptying of large tanks at petroleum facilities. Rule 1178 applies to facilities emitting more than 20 tons/year of VOCs that have storage tanks larger than 19,815 gallons storing organic liquids with a true vapor pressure greater than or equal to 0.1 psi and establishes vapor pressure containment and control requirements for organic liquid storage tanks. Tanks and systems of tanks must have a vapor recovery system that recovers at least 95% of ROC vapors by weight or combusts excess vapors. Rule 1178 also sets specific requirements for vapor loss control devices, external floating roofs, and internal floating roofs. While some of Rule 1178's requirements are duplicative, many requirements are additive and more stringent than SCAQMD Rule 463-- Organic Liquid Storage. Rule 1118 is designed to decrease VOC as well as, sulphur dioxide and nitrogen dioxide emissions from industries such as petroleum refineries, sulphur recovery plants, and hydrogen production plants. The rule also provides for monitoring and recording data related to flaring operations and flare related emissions.

         [[Page 49197]]

         EPA's technical support documents (TSD) have more information about these rules.

   2. EPA's Evaluation and Action

      1. How is EPA evaluating the rules?

         Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source in nonattainment areas (see section 182(a)(2)), and must not relax existing requirements (see sections 110(l) and 193). The SCAQMD regulates an ozone nonattainment area (see 40 CFR part 81), so Rule 1178 and 1118 must fulfill RACT.

         Guidance and policy documents that we use to help evaluate specific enforceability and RACT requirements consistently include the guidance documents listed below.

         (1) Portions of the proposed post-1987 ozone and carbon monoxide policy that concern RACT, 52 FR 45044, November 24, 1987.

         (2) ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook).

         (3) ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

         (4) ``Control of Volatile Organic Emissions from Petroleum Liquid Storage in External Floating Roof Tanks,'' EPA-450/2-78-047, USEPA, December 1978.

         (5) ``Control of Volatile Organic Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks, ``EPA-450/2-77-036, USEPA, December 1977.

         There are no relevant CTGs for minimizing flare emissions through event monitoring.

      2. Do the rules meet the evaluation criteria?

         We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. The amendments to Rule 1178 either clarify the rule, or strengthen its provisions in a practical manner. Rule 1118 strengthens the SIP by minimizing emissions from a previously unregulated source of VOC. The TSD has more information on our respective evaluations.

      3. EPA recommendations to further improve the rules

         We have no recommendations for the next time the local agency modifies the rules.

      4. Public comment and final action

         As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted rules because we believe they fulfill all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it 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 September 27, 2007, 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 October 29, 2007. This will incorporate these rules into the federally enforceable SIP.

         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.

   3. 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 (Public Law 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 approves a state rule implementing a Federal standard.

      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).

      [[Page 49198]]

      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 29, 2007. 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.

      Dated: July 3, 2007. Laura Yoshii, Acting 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)(345)(i)(A)(2) and (c)(347)(i)(B) to read as follows:

      Sec. 52.220 Identification of plan.

      * * * * *

      (c) * * *

      (345) * * *

      (i) * * *

      (A) * * *

      (2) Rule 1178 adopted on December 21, 2001, and amended on April 7, 2006. * * * * *

      (c) * * *

      (347) * * *

      (i) * * *

      (B) South Coast Air Quality Management District.

      (1) Rule 1118 adopted February 13, 1998, and amended November 4, 2005. * * * * *

      [FR Doc. E7-16822 Filed 8-27-07; 8:45 am]

      BILLING CODE 6560-50-P