[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Rules and Regulations]
[Pages 14652-14654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2814]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2005-0556a; FRL-8046-6]
Revisions to the California State Implementation Plan, 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 to approve revisions to the
San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)
portion of the California State Implementation Plan (SIP). These
revisions concern volatile organic compound (VOC) emissions from
components at petroleum refineries, chemical plants, light crude oil
production facilities, and natural gas production and processing
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 May 22, 2006 without further notice,
unless EPA receives adverse comments by April 24, 2006. 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-
2005-0556a, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
online instructions.
2. E-mail: [email protected].
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 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 www.regulations.gov or e-mail.
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 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
[[Page 14653]]
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 [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents.
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations to Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the date that they
were adopted by the SJVUAPCD and submitted by the California Air
Resources Board (CARB).
Table 1.--Submitted Rules
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Local agency Rule No. Rule title Adopted Submitted
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SJVUAPCD......................... 4403 Components Serving Light Crude 04/20/05 07/15/05
Oil or Gases at Light Crude Oil
and Gas Production Facilities
and Components at Natural Gas
Processing Facilities.
SJVUAPCD......................... 4409 Components at Light Crude Oil 04/20/05 07/15/05
Production Facilities, Natural
Gas Production Facilities, and
Natural Gas Processing
Facilities.
SJVUAPCD......................... 4451 Valves, Pressure Relief Valves, 04/20/05 07/15/05
Flanges, Threaded Connections,
and Process Drains at Petroleum
Refineries and Chemical Plants.
SJVUAPCD......................... 4452 Pump and Compressor Seals at 04/20/05 07/15/05
Petroleum Refineries and
Chemical Plants.
SJVUAPCD......................... 4455 Components at Petroleum 04/20/05 07/15/05
Refineries, Gas Liquids
Processing Facilities, and
Chemical Plants.
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On August 18, 2005, we found these rule submittals met the
completeness criteria in 40 CFR part 51, appendix V. The State must
meet these criteria before formal EPA review may begin.
B. Are there other versions of these rules?
There are previous versions of Rules 4403 and 4452 in the SIP. We
last acted on Rules 4403 and 4452 on February 1, 1996 (see 61 Federal
Register (FR) 3579) and November 16, 2001 (see 66 FR 57666),
respectively. Since our actions, CARB has made no intervening
submittals of these rules. Rule 4451 was adopted on April 11, 1991 and
revised subsequently, but SJVUAPCD has not submitted the rule to EPA
for SIP incorporation until now. Finally, Rules 4409 and 4455 are newly
adopted and submitted rules; consequently, there are no previous
versions of these rules in the SIP.
C. 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. The submitted rules
concern fugitive emissions from various components at petroleum
refineries, chemical plants, crude oil production facilities, and
natural gas production and processing facilities. The general purpose
of these rules is to reduce the number and severity of leaking
components by regular inspection, repair, and replacement requirements,
as well as mandating violations and penalties above a certain leak
threshold. SJVUAPCD has amended Rules 4403, 4451, and 4452 causing them
to expire by April 20, 2006. In turn, Rules 4409 and 4455, consistent
with their compliance schedules, will replace Rules 4403, 4451, and
4452. Specifically, Rule 4409 is to replace Rule 4403 and Rule 4455 is
to replace Rule 4451 and Rule 4452.
EPA's technical support documents (TSDs) have more information
about these rules.
II. EPA's Evaluation and Action
A. 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
major sources in nonattainment areas (see section 182(a)(2)(A)), and
must not relax existing requirements (see sections 110(l) and 193). The
SJVUAPCD regulates a 1-hour ozone nonattainment area (see 40 CFR part
81), so Rules 4403, 4409, 4451, 4452, and 4455 must fulfill RACT.
Guidance and policy documents that we use to help evaluate specific
enforceability and RACT requirements consistently include the
following:
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 Cut-points, 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 Technique Guideline on Control of Volatile Organic
Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants,''
USEPA-450/3-83-007, December 1983.
B. 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. As we
pointed out earlier, SJVUAPCD has amended Rules 4403, 4451, and 4452
causing them to expire by April 20, 2006. In turn, Rule 4409 is to
replace Rule 4403 and Rule 4455 is to replace Rule 4451 and Rule 4452.
These substitutions raise concerns about SIP relaxations. However,
after our review, we find that Rules 4409 and 4455 have more stringent
leak criteria, leak rates, and shorter repair periods than Rules 4403,
4451 and 4452. Also, Rules 4409 and 4455 have retrofit and repair
requirements not found in the rules they replace. Finally, Rules 4409
and 4455 have updated test methods and recordkeeping requirements for
determining compliance. In sum, Rules 4409 and 4455 either make more
stringent, or maintain the requirements in the rules they will replace.
[[Page 14654]]
The TSDs have more information on our evaluation.
C. EPA Recommendations to Further Improve the Rules
We have no recommendations for the next time the local agency
modifies the rules.
D. 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 April 24, 2006, 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 May 22, 2006. 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.
III. 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 (Pub. L. 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 is not economically
significant.
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
submittal, 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).
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 May 22, 2006. 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: February 16, 2006.
Wayne Nastri,
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 paragraph (c)(337)(i)(A)(2) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(337) * * *
(i) * * *
(A) * * *
(2) Rule 4403, adopted on April 11, 1991 and revised on April 20,
2005; Rule 4409 adopted on April 20, 2005; Rule 4451 adopted on April
11, 1991 and revised on April 20, 2005; Rule 4452 adopted on April 11,
1991 and revised on April 20, 2005; and, Rule 4455 adopted on April 20,
2005.
* * * * *
[FR Doc. 06-2814 Filed 3-22-06; 8:45 am]
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