[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Rules and Regulations]
[Pages 54349-54351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21435]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 264-0355a; FRL-7258-3]


Revisions to the California State Implementation Plan, Monterey 
Bay Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Monterey Bay Unified Air Pollution Control District (MBUAPCD) portion 
of the California State Implementation Plan (SIP). This revision 
concerns the emission of volatile organic compounds (VOC) from steam 
drive crude oil production wells.

DATES: This rule is effective on October 21, 2002, without further 
notice, unless EPA receives adverse comments by September 23, 2002. If 
we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105.
    You can inspect a copy of the submitted rule revision and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see a copy of the submitted rule revision 
and TSD at the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Monterey Bay Unified Air Pollution Control District, 24580 Silver 
Cloud Court, Monterey, CA 93940.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (415) 947-4118.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What Rule Did the State Submit?
    B. Are There Other Versions of This Rule?
    C. What Is the Purpose of the Submitted Rule Revision?
II. EPA's Evaluation and Action
    A. How Is EPA Evaluating the Rule?
    B. Does the Rule Meet the Evaluation Criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public Comment and Final Action
III. Background Information
    A. Why Was This Rule Submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rule Did the State Submit?

    Table 1 lists the rule we are approving with the date that it was 
adopted by the local air agency and submitted by the California Air 
Resources Board (CARB).

[[Page 54350]]



                                            Table 1.--Submitted Rules
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               Local agency                  Rule No.             Rule title              Amended     Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD...................................         427  Steam Drive Crude Oil              12/19/01     03/15/02
                                                         Production Wells.
----------------------------------------------------------------------------------------------------------------

    On May 7, 2002, this submittal was found to meet the completeness 
criteria in 40 CFR part 51 Appendix V, which must be met before formal 
EPA review.

B. Are There Other Versions of This Rule?

    We approved into the SIP on February 9, 1996 (60 FR 8565) a version 
of Rule 427, adopted on August 25, 1993.

C. What Is the Purpose of the Submitted Rule Revision?

    The purpose of these revisions to Rule 427 is to add certain 
exemptions for components with less than 10% VOC, to add a limitation 
on the number of wells that have open-ended lines, and to add two test 
methods.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Clean Air Act of 1990 (CAA)), must require Reasonably Available Control 
Technology (RACT) for major sources in nonattainment areas (see section 
182(a)(2)(A)), and must not relax existing requirements (see sections 
110(l) and 193). The MBUAPCD regulates an ozone attainment area. 40 CFR 
part 81. Therefore Rule 427 is not required to fulfill RACT 
requirements.
    Guidance and policy documents that we used to define specific 
enforceability requirements include the following:
     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
     Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations; Clarification to Appendix D of November 24, 1987 
Federal Register, (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.

B. Does the Rule Meet the Evaluation Criteria?

    The principal changes to improve the rule include the incorporation 
of the latest applicable test methods and the limitation on the number 
of open-ended line. This latter revision should improve the 
effectiveness of the rule by reducing the potential number of valves 
that can leak. The rule revisions also exempt streams containing less 
than 10% VOC. These streams contribute negligible VOC emissions. This 
exemption should improve the effectiveness of the rule by allowing 
employees to work on areas where VOC emissions potentially can be 
decreased, allowing more time to repair leaks. This allowance is made 
because repairs are often contracted out and the contractor may not be 
able to perform the retesting in the time previously allowed. The net 
result is that these rule revisions should not significantly affect 
emissions from these sources, and should not interfere with the areas 
plan to maintain the ozone National Ambient Air Quality Standards 
(NAAQS).
    We believe the rule is consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations.
    The TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD for Rule 427 describes additional rule revisions that do 
not affect EPA's current action but are recommended for the next time 
the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this, so 
we are finalizing the approval without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rule. If we 
receive adverse comments by September 23, 2002, we will publish a 
timely withdrawal in the Federal Register to notify the public that the 
direct final approval will not take effect and we will address the 
comments in a subsequent final action based on the proposal. If we do 
not receive timely adverse comments, the direct final approval will be 
effective without further notice on October 21, 2002. This will 
incorporate this rule into the federally-enforceable SIP.

III. Background Information

A. Why Was This Rule Submitted?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. EPA has established a NAAQS for ozone. 
Section 110(a) of the CAA requires states to submit regulations 
necessary to achieve and maintain the ozone NAAQS. Table 2 lists some 
of the national milestones leading to the submittal of these local 
agency VOC rules.

                Table 2.--Ozone Nonattainment Milestones
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               Date                                 Event
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March 3, 1978.....................  EPA promulgated a list of ozone
                                     nonattainment areas under the Clean
                                     Air Act as amended in 1977. 43 FR
                                     8964; 40 CFR 81.305.
May 26, 1988......................  EPA notified Governors that parts of
                                     their SIPs were inadequate to
                                     attain and maintain the ozone
                                     standard and requested that they
                                     correct the deficiencies (EPA's SIP-
                                     Call). See section 110(a)(2)(H) of
                                     the pre-amended Act.
November 15, 1990.................  Clean Air Act Amendments of 1990
                                     were enacted. Pub. L. 101-549, 104
                                     Stat. 2399, codified at 42 U.S.C.
                                     7401-7671q.
May 15, 1991......................  Section 182(a)(2)(A) requires that
                                     ozone nonattainment areas correct
                                     deficient RACT rules by this date.
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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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May

[[Page 54351]]

22, 2001). 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 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action 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 CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (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 CAA. 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 CAA. 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. 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 
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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 21, 2002. 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. Section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: July 16, 2002.
Keith Takata,
Acting 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)(297)(i)(D) to 
read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (297) * * *
    (i) * * *
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 427, adopted on January 16, 1980 and amended on December 
19, 2001.
* * * * *

[FR Doc. 02-21435 Filed 8-21-02; 8:45 am]
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