[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Rules and Regulations]
[Pages 3579-3581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1847]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 144-3-7121; FRL-5331-4]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; San Joaquin Valley Unified Air 
Pollution Control District; South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
March 28, 1995 and on April 20, 1995. The revisions concern San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD) Rule 4403 and 
South Coast Air Quality Management District (SCAQMD) Rule 1164. 
SJVUAPCD Rule 4403 controls volatile organic compound (VOC) emissions 
from components at light crude oil and gas production facilities and at 
natural gas processing facilities. SCAQMD Rule 1164 covers VOC 
emissions from semiconductor manufacturing operations. This approval 
action will incorporate the rules into the Federally approved SIP. The 
intended effect of approving these rules is to regulate VOC emissions 
in accordance with the requirements of the Clean Air Act, as amended in 
1990 (CAA or the Act). In addition, this action will serve as a final 
determination that deficiencies identified by EPA in limited approval/
limited disapproval actions on August 30, 1993 and September 29, 1993 
have been corrected and that any sanctions or Federal Implementation 
Plan obligations are permanently stopped. EPA is finalizing the 
approval of these rules 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.

EFFECTIVE DATE: This action is effective on March 4, 1996.

ADDRESSES: Copies of these 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 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 
SW., Washington, DC. 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721.

FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-
1200.

SUPPLEMENTARY INFORMATION:

Background

    On March 28, 1995 in 60 FR 15891, EPA proposed to approve the 
following rule into the California SIP: SJVUAPCD Rule 4403, Components 
Serving Light Crude Oil and Gases at Light Crude Oil and Gas Production 
Facilities and Components at Natural Gas Processing Facilities. Rule 
4403 was adopted by SJVUAPCD on February 16, 1995. On 

[[Page 3580]]
April 20, 1995 in 60 FR 19701, EPA proposed to approve SCAQMD Rule 
1164, Semiconductor Manufacturing, into the California SIP. SCAQMD Rule 
1164 was adopted on January 13, 1995. Both of these rules were 
submitted by the California Air Resources Board (CARB) to EPA on 
February 24, 1995.
    The rules were submitted in response to EPA's 1988 SIP-Call and the 
CAA section 182(a)(2)(A) requirement that nonattainment areas fix their 
reasonably available control technology (RACT) rules for ozone in 
accordance with EPA guidance that interpreted the requirements of the 
pre-amendment Act. A detailed discussion of the background for the 
above rules and nonattainment areas is provided in the appropriate 
Notice of Proposed Rulemaking (NPRM) cited above.
    EPA has evaluated the above rules for consistency with the 
requirements of the CAA, EPA regulations, and EPA interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the NPRMs cited above. EPA has found that the 
rules meet the applicable EPA requirements. A detailed discussion of 
each rule and its evaluation has been provided in the NPRMs and in the 
technical support documents (TSDs) available at EPA's Region IX office. 
(TSDs dated March 7, 1995 and April 7, 1995, respectively.)

Response to Public Comments

    A 30-day public comment period was provided in each NPRM. No 
comments were received regarding SCAQMD Rule 1164. EPA received letters 
from two commenters regarding SJVUAPCD Rule 4403. The comments, listed 
below, have not affected EPA's decision to take final approval action 
on this rule.
    Comment: Annual inspection of flanges goes beyond RACT. Data are 
available which demonstrate that flange leaks are rare, and therefore 
annual flange inspections are not cost-effective. Flanges should be 
exempted from inspection requirements.
    Response: A requirement that flanges be inspected annually is 
consistent with similar requirements in several other California 
district rules covering this source category. District rules are not 
precluded from requiring controls which may exceed Federal RACT. The 
SJVUAPCD is conducting a field study to gather additional data on the 
historical leak frequency of flanges in order to determine if the 
annual flange inspection requirement should be amended. If the District 
determines that this requirement should be amended, the District may 
revise Rule 4403 and submit the revised version for incorporation into 
the SIP.
    Comment: The definitions of ``component'' and ``component type'' 
should be amended to reference pump seals and compressor seals rather 
than the pump and compressor itself. The current definitions create 
enforcement confusion as to how a leak on a pump or compressor device 
will count towards the leak thresholds.
    Response: SJVUAPCD is in the process of writing an enforcement 
policy to clarify and formalize the District's inspection practices 
regarding pumps and compressors.
    Comment: Small oil and gas producers should be exempt from annual 
instrument inspection due to cost-effectiveness considerations.
    Response: This concern, along with supporting evidence, should be 
presented to the SJVUAPCD in order for the District to determine if a 
small producer exemption is appropriate.
    Comment: Rule 4403 should be amended prior to EPA's final 
rulemaking action.
    Response: The decision to amend Rule 4403 lies with the SJVUAPCD. 
The current submitted version of Rule 4403 is consistent with the CAA 
and EPA policy. EPA has determined that it is appropriate to approve 
this rule into the SIP.

EPA Action

    EPA is finalizing action to approve the above rules for inclusion 
into the California SIP. EPA is approving the submittals under section 
110(k)(3) as meeting the requirements of section 110(a) and Part D of 
the CAA.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state 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.

Regulatory Process

    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.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 110 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. To the extent that the rules being finalized 
for approval by this action will impose no new requirements, such 
sources are already subject to these regulations under State law. 
Accordingly, 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.
    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: October 31, 1995.
Felicia Marcus,
Regional Administrator.

    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 paragraphs (c)(215)(i)(A)(4) 
and (c)(215)(i)(C) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (215) * * *
    (i) * * *
    (A) * * *
    (4) Rule 1164, adopted on January 13, 1995.
* * * * *
    (C) San Joaquin Valley Unified Air Pollution Control District. 
    
[[Page 3581]]

    (1) Rule 4403, adopted on February 16, 1995.
* * * * *
[FR Doc. 96-1847 Filed 1-31-96; 8:45 am]
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