[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Rules and Regulations]
[Pages 20453-20455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11204]



=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 095-0008a; FRL-5464-2]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Santa Barbara County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on a revision to the 
California State Implementation Plan (SIP). The revision concerns a new 
rule from the Santa Barbara County Air Pollution Control District 
(SBCAPCD). This approval action will incorporate this rule into the 
federally approved SIP. The intended effect of approving this rule is 
to regulate emissions of oxides of nitrogen (NOX), oxides of 
sulfur (SOX), and volatile organic compounds (VOCs). This rule 
controls NOX, SOX, and VOC emissions from flare and thermal 
oxidizer stacks at oil and gas production industries. Thus, EPA is 
finalizing the approval of this rule into the California SIP under 
provisions of the Federal Clean Air Act, as amended in 1990 (CAA or the 
Act) regarding EPA action on SIP submittals.

DATES: This action is effective on July 8, 1996 unless adverse or 
critical comments are received by June 6, 1996. 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
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 95814
Santa Barbara County Air Pollution Control District, 26 Casitilian 
Drive, B-23, Goleta, CA 93117

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

    The rule being approved into the California SIP is SBCAPCD Rule 
359, Flares and Thermal Oxidizers. This rule was submitted by the 
California Air Resources Board (CARB) to EPA on July 13, 1994.

Background

    Rule 359 was originally adopted as part of SBCAPCD's 1991 Air 
Quality Attainment Plan in response to the California Clean Air Act and 
is not required by any specific provision of the CAA. However, SBCAPCD 
Rule 359 is consistent with the goals of the CAA and EPA policy. In 
addition, Rule 359 furthers the goals of the Act by strengthening the 
SIP. Section 110(a) of the CAA contains general requirements for states 
to submit enforceable emissions limitations and other control measures 
as may be necessary or appropriate to achieve the goals of the Act. 
Rule 359 meets these requirements by controlling NOX, SOX, 
and VOC emissions from flare and thermal oxidizer stacks at oil and gas 
production facilities.
    The State of California submitted many rules for incorporation into 
its SIP on July 13, 1994, including the rule being acted on in this 
notice. This notice addresses EPA's direct-final action for SBCAPCD 
Rule 359, Flares

[[Page 20454]]

and Thermal Oxidizers. Santa Barbara County adopted Rule 359 on June 
28, 1994. This submitted rule was found to be complete on September 12, 
1994 pursuant to EPA's completeness criteria that are set forth in 40 
CFR part 51, appendix V 1 and is being finalized for approval into 
the SIP.
---------------------------------------------------------------------------

    \1\ 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).
---------------------------------------------------------------------------

    The following is EPA's evaluation and final action for this rule.

EPA Evaluation and Action

    In determining the approvability of this rule, EPA must evaluate 
the rule for consistency with the requirements of the CAA and with EPA 
policy.
    SBCAPCD's submitted Rule 359, Flares and Thermal Oxidizers includes 
the following requirements:
     Fuel sulfur content limits
     The use of technology-based standards
     A flare minimization plan for all planned flaring 
activities
     Emergency events documentation
     Proposes pollutant emission limits for continuous, planned 
flaring at thermal oxidizers and enclosed ground flares
     Source testing
     Requires monitoring, recordkeeping, and reporting
For a detailed evaluation of SBCAPCD Rule 359, please refer to the 
technical support document (TSD) dated March 20, 1996.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the goals of the Act, the requirements of 110(a), and 
EPA policy. Therefore, SBCAPCD Rule 359, Flares and Thermal Oxidizers 
is being approved into the federally approved SIP because of its 
beneficial effect on the air quality in the Santa Barbara County area 
and its strengthening of the SIP.
    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 July 8, 1996, unless, by June 6, 1996, 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 document 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 July 8, 1996.

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 populations of less than 
50,000.
    SIP approvals under section 110 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).

Unfunded Mandates

    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.
    These rules may bind State, local, and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. The rule being approved by this action will impose no 
new requirements because affected sources are already subject to this 
regulation under State law. Therefore, 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.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.

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: April 18, 1996.
Felicia Marcus,
Regional Administrator.
    Subpart F of 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 paragraph (c)(198)(i)(K)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (198) * * *
    (i) * * *
    (K) * * *

[[Page 20455]]

    (2) Rule 359, adopted on June 28, 1994.
* * * * *
[FR Doc. 96-11204 Filed 5-6-96; 8:45 am]
BILLING CODE 6560-50-P