[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Rules and Regulations]
[Pages 5259-5262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2171]



[[Page 5259]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA172-0209a; FRL-6529-4]


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

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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SUMMARY:  EPA is taking direct final action on revisions to the 
California State Implementation Plan. The revisions concern rules from 
the Kern County Air Pollution Control District (KCAPCD). This approval 
action will incorporate these rules into the federally approved SIP. 
The intended effect of approving these rules 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 rules control VOC emissions from fugitive emissions and the 
loading of organic liquids. Thus, EPA is finalizing the approval of 
these revisions 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 rule is effective on April 3, 2000 without further notice, 
unless EPA receives adverse comments by March 6, 2000. If EPA receives 
such comment, it will publish a timely withdrawal Federal Register 
informing the public that this rule will not take effect.

ADDRESSES:  Written comments must be submitted to Andrew Steckel at the 
Region IX office listed below. Copies of the rule revisions 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 rule revisions are available for inspection at the following 
locations:

Rulemaking Office (AIR-4), Air 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 95812
Kern County Air Pollution Control District, 2700 M. Street, Suite 
302, Bakersfield, CA 93301.


FOR FURTHER INFORMATION CONTACT:  Christine Vineyard, Rulemaking 
Office, AIR-4, Air Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: 
(415) 744-1197.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP include: KCAPCD 
Rule 413, Organic Liquid Loading and KCAPCD Rule 414.1, Valves, 
Pressure Relief Valves, Flanges, Threaded Connections and Process 
Drains at Petroleum Refineries and Chemical Plants. These rules were 
submitted by the California Air Resources Board (CARB) to EPA on May 
10, 1996.

II. Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in l977 
(1977 Act or pre-amended Act), that included the San Joaquin Valley 
Area which encompassed the following eight air pollution control 
districts (APCDs): Fresno County APCD, Kern County APCD, \1\ Kings 
County APCD, Madera County APCD, Merced County APCD, San Joaquin County 
APCD, Stanislaus County APCD, and Tulare County APCD. 43 FR 8964, 40 
CFR 81.305. On March 20, 1991, the San Joaquin Valley Unified APCD 
(SJVUAPCD) was formed. The SJVUAPCD has authority over the San Joaquin 
Valley Air Basin which includes all of the above eight counties except 
for the Southeast Desert Air Basin portion of Kern County. Thus the 
Kern County Air Pollution Control District still exists, but only has 
authority over the Southeast Desert Desert Air Basin portion of Kern 
County.
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    \1\ At that time, Kern County included portions of two air 
basins; the San Joaquin Valley Air Basin and the Southeast Desert 
Air Basin. The San Joaquin Valley Air Basin portion of Kern County 
was designated as nonattainment, and the Southeast Desert Air Basin 
portion of Kern County was designated as unclassified. See 40 CFR 
81.305 (1991).
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    On May 26, 1988, EPA notified the Governor of California, pursuant 
to section 110(a)(2)(H) of the 1977 Act, that portions of the 
California SIP were inadequate to attain and maintain the ozone 
standard and requested that deficiencies in the existing SIP be 
corrected (EPA's SIP-Call). \2\ 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.
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    \2\ EPA's SIP-Call applied to all of the KCAPCD, including the 
Southeast Desert Air Basin portion of Kern County.
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    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. \3\ EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas. The Southeast Desert Air Basin portion of Kern 
County was not a pre-amendment nonattainment area, and therefore, was 
not designated and classified upon enactment of the amended Act. 
Consequently, KCAPCD is not subject to the section 182(a)(2)(A) RACT 
fix-up requirement. The KCAPCD is subject to the requirements of EPA's 
SIP-Call, because the SIP-Call included all of Kern County. The 
Southeast Desert is classified as serious; \4\ therefore, this area was 
subject to the RACT fix-up requirement and the May 15, 1991 deadline.
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    \3\ 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 
document'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988); and the existing control 
technique guidelines (CTGs).
    \4\ The Southeast Desert Air Basin portion of Kern County was 
designated nonattainment on November 6, 1991 (56 FR 56694).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on May 10, 1996, including the rules being 
acted on in this document. This document addresses EPA's direct-final 
action for KCAPCD Rule 413, Organic Liquid Loading and Rule 414.1, 
Valves, Pressure Relief Valves, Flanges, Threaded Connections and 
Process Drains at Petroleum Refineries and Chemical Plants. KCAPCD 
adopted these rules on March 7, 1996. These submitted rules were found 
to be complete on July 19, 1996 pursuant to EPA's completeness criteria 
that are set forth in 40 CFR part 51, appendix V \5\

[[Page 5260]]

and is being finalized for approval into the SIP.
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    \5\ 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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    KCAPCD Rule 413 controls VOC emissions associated with the loading 
of organic liquids. KCAPCD Rule 414.1 applies to all valves, pressure 
relief valves, flanges, threaded connections and process drains at 
petroleum refineries and chemical plants that may be the source of 
fugitive VOC emissions. VOCs contribute to the production of ground 
level ozone and smog. These rules were originally adopted as part of 
KCAPCD'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 these rules.

III. 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 CTGs 
applicable to all of these rules are entitled: Control of Hydrocarbons 
from Tank Truck Gasoline Loading Terminals, (EPA-450/2-77-026); Control 
of Volatile Organic Emissions from Bulk Gasoline Plants, (EPA-450/2-77-
035); Control of Volatile Organic Compound Leaks from Gasoline Tank 
Trucks and Vapor Collection Systems, (EPA-450/2-78-051); and Control of 
Volatile Organic Compounds 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.
    KCAPCD Rule 414.1, Valves, Pressure Relief Valves, Flanges, 
Threaded Connections and Process Drains at Petroleum Refineries and 
chemical Plants has been revised to delete the definition of VOC and to 
reference District Rule 102, Definitions.
    KCAPCD Rule 413, Organic Liquid Loading has been revised to delete 
the definition of VOC and to reference District Rule 102, Definitions. 
In addition, the Equipment section of Rule 413 was revised to clarify 
the pressure requirement for delivery trucks being loaded with organic 
liquids. The changes to Rule 414.1 and Rule 413 do not have a 
significant impact on air quality.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, KCAPCD Rule 414.1, Valves, Pressure Relief Valves, Flanges, 
Threaded Connections and Process Drains at Petroleum Refineries and 
chemical Plants, and Rule 413, Organic Liquid Loading are being 
approved under section 110(k)(3) of the CAA as meeting the requirements 
of section 110(a) and part D.
    EPA is publishing these rules without prior proposal because the 
Agency views this as noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. These rules will be effective April 3, 2000 
without further notice unless the Agency receives adverse comments by 
March 6, 2000.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period. Any parties interested 
in commenting on these rules should do so at this time. If no such 
comments are received, the public is advised that this rule is 
effective on April 3, 2000 and no further action will be taken on the 
proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612, Federalism and 12875, Enhancing the 
Intergovernmental Partnership. Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that 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.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will 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 43255, 
August 10, 1999), because it 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. Thus, the requirements of section 6 of the Executive Order do not 
apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is

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determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, Executive Order 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply approve requirements that the State is already 
imposing. Therefore, because the Federal SIP approval does not create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    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 rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    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 April 3, 2000. 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: January 10, 2000.
Felicia Marcus,
Regional Administrator, Region IX.


    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

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PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(231)(i)(B)(7) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (231) * * *
    (i) * * *
    (B) * * *
    (7) Rules 413 adopted on April 18, 1972 and Rule 414.1 adopted on 
January 9, 1979, both amended on March 7, 1996.
* * * * *
[FR Doc. 00-2171 Filed 2-2-00; 8:45 am]
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