[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Rules and Regulations]
[Pages 14652-14654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2814]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2005-0556a; FRL-8046-6]


Revisions to the California State Implementation Plan, 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 
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 
components at petroleum refineries, chemical plants, light crude oil 
production facilities, and natural gas production and processing 
facilities. 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 May 22, 2006 without further notice, 
unless EPA receives adverse comments by April 24, 2006. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2005-0556a, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
online instructions.
    2. E-mail: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Docket: The index to the docket for this 
action is available electronically at www.regulations.gov and in hard 
copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. 
While all documents in the docket are listed in the index, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material), and some may not be publicly available in

[[Page 14653]]

either location (e.g., CBI). To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, at 
either (415) 947-4111, or [email protected].

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. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

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

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Local agency              Rule No.              Rule title                 Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD.........................         4403  Components Serving Light Crude          04/20/05        07/15/05
                                                 Oil or Gases at Light Crude Oil
                                                 and Gas Production Facilities
                                                 and Components at Natural Gas
                                                 Processing Facilities.
SJVUAPCD.........................         4409  Components at Light Crude Oil           04/20/05        07/15/05
                                                 Production Facilities, Natural
                                                 Gas Production Facilities, and
                                                 Natural Gas Processing
                                                 Facilities.
SJVUAPCD.........................         4451  Valves, Pressure Relief Valves,         04/20/05        07/15/05
                                                 Flanges, Threaded Connections,
                                                 and Process Drains at Petroleum
                                                 Refineries and Chemical Plants.
SJVUAPCD.........................         4452  Pump and Compressor Seals at            04/20/05        07/15/05
                                                 Petroleum Refineries and
                                                 Chemical Plants.
SJVUAPCD.........................         4455  Components at Petroleum                 04/20/05        07/15/05
                                                 Refineries, Gas Liquids
                                                 Processing Facilities, and
                                                 Chemical Plants.
----------------------------------------------------------------------------------------------------------------

    On August 18, 2005, we found these rule submittals met the 
completeness criteria in 40 CFR part 51, appendix V. The State must 
meet these criteria before formal EPA review may begin.

B. Are there other versions of these rules?

    There are previous versions of Rules 4403 and 4452 in the SIP. We 
last acted on Rules 4403 and 4452 on February 1, 1996 (see 61 Federal 
Register (FR) 3579) and November 16, 2001 (see 66 FR 57666), 
respectively. Since our actions, CARB has made no intervening 
submittals of these rules. Rule 4451 was adopted on April 11, 1991 and 
revised subsequently, but SJVUAPCD has not submitted the rule to EPA 
for SIP incorporation until now. Finally, Rules 4409 and 4455 are newly 
adopted and submitted rules; consequently, there are no previous 
versions of these rules in the SIP.

C. What is the purpose of the submitted rules?

    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 emissions. The submitted rules 
concern fugitive emissions from various components at petroleum 
refineries, chemical plants, crude oil production facilities, and 
natural gas production and processing facilities. The general purpose 
of these rules is to reduce the number and severity of leaking 
components by regular inspection, repair, and replacement requirements, 
as well as mandating violations and penalties above a certain leak 
threshold. SJVUAPCD has amended Rules 4403, 4451, and 4452 causing them 
to expire by April 20, 2006. In turn, Rules 4409 and 4455, consistent 
with their compliance schedules, will replace Rules 4403, 4451, and 
4452. Specifically, Rule 4409 is to replace Rule 4403 and Rule 4455 is 
to replace Rule 4451 and Rule 4452.
    EPA's technical support documents (TSDs) have 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 
SJVUAPCD regulates a 1-hour ozone nonattainment area (see 40 CFR part 
81), so Rules 4403, 4409, 4451, 4452, and 4455 must fulfill RACT.
    Guidance and policy documents that we use to help evaluate specific 
enforceability and RACT requirements consistently include the 
following:
    1. Portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. Issues Relating to VOC Regulation Cut-points, Deficiencies, and 
Deviations, EPA, May 25, 1988 (the Bluebook).
    3. Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Control Technique Guideline on Control of Volatile Organic 
Compound Equipment Leaks from Natural Gas/Gasoline Processing Plants,'' 
USEPA-450/3-83-007, December 1983.

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. As we 
pointed out earlier, SJVUAPCD has amended Rules 4403, 4451, and 4452 
causing them to expire by April 20, 2006. In turn, Rule 4409 is to 
replace Rule 4403 and Rule 4455 is to replace Rule 4451 and Rule 4452. 
These substitutions raise concerns about SIP relaxations. However, 
after our review, we find that Rules 4409 and 4455 have more stringent 
leak criteria, leak rates, and shorter repair periods than Rules 4403, 
4451 and 4452. Also, Rules 4409 and 4455 have retrofit and repair 
requirements not found in the rules they replace. Finally, Rules 4409 
and 4455 have updated test methods and recordkeeping requirements for 
determining compliance. In sum, Rules 4409 and 4455 either make more 
stringent, or maintain the requirements in the rules they will replace.

[[Page 14654]]

    The TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    We have no recommendations 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 April 24, 2006, 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 May 22, 2006. 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. Statutory and Executive Order Reviews

    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 
submittal, 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 May 22, 2006. 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, Volatile organic compounds

    Dated: February 16, 2006.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(337)(i)(A)(2) to 
read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (337) * * *
    (i) * * *
    (A) * * *
    (2) Rule 4403, adopted on April 11, 1991 and revised on April 20, 
2005; Rule 4409 adopted on April 20, 2005; Rule 4451 adopted on April 
11, 1991 and revised on April 20, 2005; Rule 4452 adopted on April 11, 
1991 and revised on April 20, 2005; and, Rule 4455 adopted on April 20, 
2005.
* * * * *
[FR Doc. 06-2814 Filed 3-22-06; 8:45 am]
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