[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Rules and Regulations]
[Pages 8949-8951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3864]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 102-6-6837a; FRL-5145-5]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Bay Area 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 a revision to the 
California State Implementation Plan. The revision concerns a rule from 
the Bay Area Air Quality Management District (BAAQMD). This approval 
action will incorporate this rule into the federally approved SIP. The 
intended effect of approving this rule 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 revised 
rule controls VOC emissions from valves and flanges at chemical plants. 
Thus, EPA is finalizing the approval of this revision 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 final rule is effective on April 17, 1995, unless adverse 
or critical comments are received by March 20, 1995. 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 
94105-3901.
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 92123-1095.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT: Duane F. James, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, 
Telephone: (415) 744-1191.

SUPPLEMENTARY INFORMATION:

Applicability

    The rule being approved into the California SIP is BAAQMD's Rule 8-
22, ``Valves and Flanges at Chemical Plants.'' This rule was submitted 
by the California Air Resources Board (ARB) to EPA on September 28, 
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 Francisco-Bay Area 
(Bay Area). 43 FR 8964, 40 CFR 81.305. Because this area was 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. 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 district's portion of the 
California SIP was 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 Bay Area is classified as moderate;\2\ 
therefore, this area was subject to the RACT fix-up requirement and the 
May 15, 1991 deadline.

    \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 
Notice'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988); and the existing control 
technique guidelines (CTGs).
    \2\The Bay 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).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on September 28, 1994, including the rule 
being acted on in this notice. This notice addresses EPA's direct-final 
action for BAAQMD's Rule 8-22, ``Valves and Flanges at Chemical 
Plants.'' The BAAQMD adopted Rule 8-22 on June 1, 1994. This submitted 
rule was found to be complete on November 22, 1994, pursuant to EPA's 
completeness criteria that are set forth in 40 CFR part 51 Appendix 
V\3\ and is being finalized for approval into the SIP.

    \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 8-22 prohibits volatile organic compound (VOC) emissions in 
excess of 10,000 parts per million (ppm) from valves and flanges at 
chemical plants. VOCs contribute to the production of ground level 
ozone and smog. This rule was originally adopted as part of BAAQMD'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 
this rule. [[Page 8950]] 

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). The CTG 
applicable to this rule is entitled, ``Control of Volatile Organic 
Compound Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Equipment (EPA-450/3-83-006).'' 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.
    The BAAQMD's submitted Rule 8-22, ``Valves and Flanges at Chemical 
Plants,'' includes the following significant changes from the current 
SIP:
    1. The exemption for valves and flanges on instrument and sample 
lines with diameters of 1.8 cm (0.75 in.) or less has been deleted.
    2. Research and development facilities must now satisfy certain 
criteria in order to be exempt from the rule.
    3. The rule transfers the regulation of chemical plants with 100 or 
more valves to the BAAQMD's Rule 8-18, ``Valves and Connectors at 
Petroleum Refineries, Chemical Plants, Bulk Plants and Bulk 
Terminals,'' which has a leak standard of 1,000 ppm. EPA proposed an 
approval of Rule 8-18 on December 17, 1993 (58 FR 65959).
    4. EPA Method 21 is the test method used to determine leaks.
    5. Quarterly inspections are now required for accessible valves 
while annual inspections continue for inaccessible valves.
    6. The rule requires records of the identification codes, types, 
and locations of each valve.
    7. The rule requires records of the dates of all inspections, re-
inspections, and the measured leak concentrations of valves and flanges 
where the emission standard of the rule has been exceeded.
    8. The rule requires monthly records of all non-repairable valves 
until the next unit turnaround when these valves must be repaired.
    9. The rule requires that all records be maintained for at least 5 
years.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
BAAQMD's Rule 8-22, ``Valves and Flanges at Chemical Plants,'' is being 
approved under section 110(k)(3) of the CAA as meeting the requirements 
of section 110(a) and Part D.
    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 April 17, 1995, unless, by March 20, 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 notice 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 April 17, 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. 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 OMB 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: January 17, 1995.
Felicia Marcus,
Regional Administrator.

    Subpart 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)(199)(i)(A)(4) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (199) * * *
    (i) * * *
    (A) * * * [[Page 8951]] 
    (4) Rule 8-22, adopted on June 1, 1994.
* * * * *
[FR Doc. 95-3864 Filed 2-15-95; 8:45 am]
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