[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Rules and Regulations]
[Pages 8835-8838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4381]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA262-0369a; FRL-7451-4]


Revisions to the California State Implementation Plan, Monterey 
Bay Unified Air Pollution Control District, San Joaquin Valley 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 revisions to the 
Monterey Bay Unified Air Pollution Control District (MBUAPCD) and San 
Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) 
portion of the California State Implementation Plan (SIP). These 
revisions concern volatile organic compound (VOC) emissions from 
organic liquid storage and VOC and nitrogen dioxide (NOX) 
emissions from flare operations at industrial sites such as oil 
refineries, chemical manufacturers, and oil wells. We are approving 
local rules that regulate these emission sources under the Clean Air 
Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on April 28, 2003 without further notice, 
unless EPA receives adverse comments by March 28, 2003. If we receive 
such comment, 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 94105-3901.
    You can inspect copies of the submitted SIP revisions and EPA's 
technical support documents (TSDs) at our Region IX office during 
normal business hours. You may also see copies of the submitted SIP 
revisions at the following locations:

Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), 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; and,
San Joaquin Valley Unified Air Pollution Control District, 1990 East 
Gettysburg Street, Fresno, CA 93726.

    A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not 
an EPA website and may not contain the same version of the rule that 
was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, 
(415) 947-4111.

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

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules.
    D. Public comment and final action.
III. Background Information
    Why were these rules submitted?
IV. Administrative Requirements

[[Page 8836]]

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                            Rule                 Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD...................................          417  Storage of Organic Liquids...     12/19/01      3/15/02
SJVUAPCD..................................         4311  Flares.......................      6/20/02      8/06/02
----------------------------------------------------------------------------------------------------------------

    On May 7, 2002 and August 30, 2002 respectively, EPA found that the 
submittals for MBUAPCD Rule 417 and SJVUAPCD Rule 4311 met the 
completeness criteria in 40 CFR part 51, appendix V. These criteria 
must be met before formal EPA review may begin.

B. Are There Other Versions of These Rules?

    We approved a version of MBUAPCD Rule 417 into the SIP on February 
15, 1995 (60 FR 8565); there have been no intervening submittals of the 
rule. SJVUAPCD Rule 4311 is a new rule and there are no previous 
versions of it in the SIP.

C. What Is the Purpose of the Submitted Rule or Rule Revisions?

    MBUAPCD Rule 417 is designed to reduce VOC emissions at industrial 
sites engaged in storing any organic liquids with a vapor pressure 
greater than 0.5 pounds per square inch atmospheric. VOCs are emitted 
from containment vessels such as tanks and transfer lines due to the 
high vapor pressure of the processed crude oil and organic liquids. 
MBUAPCD Rule 417 was amended to require that the true vapor pressure of 
petroleum products with a API gravity of less than 20 degrees be 
determined by the ``Test Method for Vapor Pressure of Reactive Organic 
Compounds in Heavy Crude Oil Using Gas Chromatography'' as developed by 
Lawrence Berkeley National Laboratory.
    SJVUAPCD Rule 4311 is a new rule designed to decrease VOC and 
NOX emissions from industries such as refineries, 
unrecoverable gases from oil wells, vented gases from blast furnaces, 
unused gases from coke ovens, and gaseous wastes from chemical 
industries by requiring that flares be operated in a prescribed manner. 
Rule 4311 includes the following general provisions:

--Purpose and applicability;
--Definitions of terms used within the rule;
--Exemptions from the rule;
--Requirements mandating particular flare operation protocols, 
equipment, and operations including VOC and NOX limits for 
ground-level enclosed flares;
--Record keeping to demonstrate compliance with the rule; and,
--Test methods for determining compliance with the rule.

The EPA's subject TSD has more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), 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 area attaining the federal ozone standard and must 
have RACT rules needed to maintain this status. The SJVUAPCD regulates 
an ozone nonattainment area (see 40 CFR part 81), so Rule 4311 must 
fulfill RACT.
    Guidance and policy documents that we used to help evaluate 
consistently specific enforceability and RACT requirements include the 
following:

--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,'' EPA, May 25, 1988 (the Bluebook);
--``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook);
--``Control of Volatile Organic Emissions from Petroleum Liquid Storage 
in External Floating Roof Tanks,'' EPA-450/2-78-047, USEPA, December 
1978; and
--``Control of Volatile Organic Emissions from Storage of Petroleum 
Liquids in Fixed-Roof Tanks,'' EPA-450/2-77-036, USEPA, December 1977.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. The 
subject TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    There are no additional rule revisions 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 Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by March 28, 2003, 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 April 28, 2003. This will incorporate these 
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. Background Information

Why Were These Rules Submitted?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Section 110(a) of the CAA requires states 
to submit regulations that control VOC

[[Page 8837]]

emissions. 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
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

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 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 Clean 
Air Act. 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 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. 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 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 28, 2003. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Nitrogen dioxide, Volatile organic 
compounds.

    Dated: December 6, 2002.
Alexis Strauss,
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 paragraphs (c)(297)(i)(D)(2) 
and (c)(303)(i)(C)(1) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (297) * * *
    (i) * * *
    (D) * * *

[[Page 8838]]

    (2) Rule 417 adopted on September 1, 1974, and amended on December 
19, 2001.
* * * * *
    (c) * * *
    (303) * * *
    (i) * * *
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4311 adopted on June 20, 2002.
* * * * *
[FR Doc. 03-4381 Filed 2-25-03; 8:45 am]
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