[Federal Register Volume 65, Number 41 (Wednesday, March 1, 2000)]
[Rules and Regulations]
[Pages 10944-10946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4778]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 231-0206a; FRL-6540-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, South Coast 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 South Coast Air Quality Management District (SCAQMD). 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) and hydrogen sulfide (H2S) 
in accordance with the requirements of the Clean Air Act, as amended in 
1990 (CAA or the Act). The revised rule controls VOC and H2S 
emissions from refinery vacuum-producing devices or systems. 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.
    This direct final action will incorporate this rule into the 
federally approved SIP and also stop the sanctions and Federal 
Implementation Plan clocks, which were started on August 14, 1998 when 
EPA published a final limited disapproval of the State's submittal of a 
previous version of this Rule.

DATES: This rule is effective on May 1, 2000 without further notice, 
unless EPA receives adverse comments by March 31, 2000. If EPA receives 
such comment, it will publish a timely withdrawal in the 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 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), Ariel Rios 
Building, 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765.


FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1135.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rule being approved into the California SIP is SCAQMD Rule 465, 
Refinery Vacuum-Producing Devices and Systems. This rule was submitted 
by the California Air Resources Board (CARB) to EPA on October 29, 
1999.

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 1977 
(1977 Act or pre-amended Act), that included the SCAQMD. 43 FR 8964, 40 
CFR 81.305. On May 26, 1988, EPA notified the Governor of California, 
pursuant to section 110(a)(2)(H) of the 1977 Act, that the SCAQMD'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. SCAQMD is classified as extreme for ozone \2\; 
therefore, this area was subject to the RACT fix-up requirement and the 
May 15, 1991 deadline.
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    \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 
document'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988); and the existing control 
technique guidelines (CTGs).
    \2\ SCAQMD 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 56 FR 56694 
(November 6, 1991).
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    This document addresses EPA's direct final action for SCAQMD Rule 
465, Refinery Vacuum-Producing Devices and Systems. SCAQMD adopted Rule 
465 on August 13, 1999. This rule was submitted by the CARB on October 
29, 1999 and was found to be complete on December 16, 1999 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.
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    \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 465 controls the emission of VOCs and H2S from 
refinery vacuum-producing devices and systems. VOCs contribute to the 
production of ground level ozone and smog. This rule was originally 
adopted as part of SCAQMD'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. Control of H2S 
is not required for purposes of the SIP, because H2S is not 
a criteria air pollutant. The following is EPA's evaluation and final 
action for this rule.

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.

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    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 Refinery Vacuum-
Producing Systems, Wastewater Separators, and Process Unit 
Turnarounds,'' EPA 450/2-77-025. 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.
    On August 14, 1998, EPA granted limited approval and limited 
disapproval to a version of Rule 465 that had been adopted by SCAQMD on 
November 1, 1991. SCAQMD Rule 465 as adopted on August 13, 1999 
includes the following significant changes from the current SIP:
     SCAQMD deleted the listing of exempt compounds and 
referenced SCAQMD Rule 102, which correctly does not list carbon 
tetrachloride as an exempt compound.
     SCAQMD eliminated the requirement to reduce VOC emissions 
from vacuum-producing devices or systems by at least 90% and the 
requirement to limit exhaust gases from vacuum-producing devices or 
systems to not exceed 800 ppm of sulfur compounds expressed as 
H2S.
     SCAQMD replaced the above requirements with a requirement 
to continuously collect exhaust gases from vacuum-producing devices or 
systems and add them to a fuel gas system or combustion device that is 
approved and permitted. Fuel gas systems (with subsequent combustion) 
and combustion devices will achieve significantly greater than 90% VOC 
emissions removal from the exhaust gases. The use of other control 
devices, such as carbon absorbers, is no longer allowed under this 
rule.
     SCAQMD removed test methods associated with the deleted 
emission limits. Compliance is now being determined by visual 
inspection of the valves, flanges, and piping for leaks to the ambient 
air. Inspection and recordkeeping for valves and flanges is regulated 
by SCAQMD Rule 466.1, Valves and Flanges.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
SCAQMD Rule 465, Refinery Vacuum-Producing Devices or Systems, is being 
approved under section 110(k)(3) of the CAA as meeting the requirements 
of section 110(a) and part D.
    This approval action will incorporate this rule into the federally 
approved SIP and also stop the sanctions process and Federal 
Implementation Plan clock, which were started on August 14, 1998, when 
a limited disapproval action was published in the Federal Register. 63 
FR 43627.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a 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. This rule will be effective May 1, 2000 
without further notice unless the Agency receives adverse comments by 
March 31, 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 this rule should do so at this time. If no such 
comments are received, the public is advised that this rule is 
effective on May 1, 2000 and no further action will be taken on the 
proposed rule.

IV. Administrative Requirements

    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. 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 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). 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 FR 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. This rule also is 
not subject to Executive Order 13045 (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 
submission, 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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
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

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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 1, 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, Volatile organic compound.

    Dated: February 11, 2000.
Felicia Marcus,
Regional Administrator, Region IX.

    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 et seq.

Subpart F--California

    2. Section 52.220 is amended by adding paragraph 
(c)(270)(i)(C)(1)to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (270) * * *
    (i) * * *
    (C) South Coast Air Quality Management District.
    (1) Amended Rule 465, adopted on August 13, 1999.
* * * * *
[FR Doc. 00-4778 Filed 2-29-00; 8:45 am]
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