[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Rules and Regulations]
[Pages 44294-44296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20827]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0079; FRL-8945-1]


Revisions to the California State Implementation Plan, Antelope 
Valley Air Quality Management 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 
Antelope Valley Air Quality Management District (AVAQMD) portion of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from leaking components at 
facilities such as oil refineries and chemical manufacturing plants. We 
are approving a local rule that regulates these emission sources under 
the Clean Air Act as amended in 1990 (CAA or the Act). At the same 
time, we are also approving an AVAQMD Negative Declaration and removing 
rules from the SIP.

DATES: This rule is effective on October 27, 2009 without further 
notice, unless EPA receives adverse comments by September 28, 2009. 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-
2009-0079, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line 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 http://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 http://www.regulations.gov or e-mail. http://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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available 
electronically at http://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 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: Jerry Wamsley, EPA Region IX, (415) 
947-4111, [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 rule revisions?
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 rule we are approving, Rule 1173, with the date 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board along with the rules we are removing 
from the SIP, Rules 465, 466, 466.1, and 467.

                                            Table 1--Submitted Rules
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             Local agency                  Rule No.            Rule title             Adopted        Submitted
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AVAQMD...............................           1173    Fugitive Emissions of           06/17/08        10/20/08
                                                         VOCs.

[[Page 44295]]

 
AVAQMD...............................            465    Vacuum Producing Devices        11/01/91        10/20/08
                                                         or Systems.
AVAQMD...............................            466    Pumps & Compressors.....        10/07/83        10/20/08
AVAQMD...............................            466.1  Valves & Flanges........        03/16/84        10/20/08
AVAQMD...............................            467    Pressure Relief Devices.        03/05/82        10/20/08
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    On November 18, 2008, EPA found this rule submittal met the 
completeness criteria in 40 CFR part 51, appendix V. These criteria 
must be met before formal EPA review can begin.

B. Are there other versions of this rule?

    EPA has approved and incorporated into the SIP the May 13, 1994 
version of Rule 1173 (see 59 Federal Register (FR) 43751, August 25, 
1994). CARB has made no intervening submittals of this rule since 1994. 
The remaining rules, 465, 466, 466.1, and 467 are part of the SIP and 
were submitted for the purpose of rescinding them; please see the 
discussion below.

C. What is the purpose of the submitted rule revisions?

    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. Rule 1173 is a rule 
designed to reduce fugitive VOC emissions from leaking components at 
industrial sites handling and manufacturing VOC laden liquids and 
gases. The rule establishes inspection, component replacement, re-
inspection requirements, maintenance, repair periods, and replacement 
or retrofit requirements for leaking components at these facilities. 
Finally, the rule has associated administrative and recordkeeping 
requirements, such as an inspection log, and test methods for 
determining compliance.
    With its creation in 1997 the AVAQMD inherited the applicable South 
Coast Air Quality Management District Rule Book as of this date. As a 
result, the AVAQMD Rule Book included Rule 1173 as well as Rules 465, 
466, 466.1, and Rule 467. The May 13, 1994 version of SCAQMD 1173 that 
AVAQMD inherited contained a sunset provision that sources subject to 
Rules 465, 466, 466.1, and 467 must comply with Rule 1173 by February 
1, 1991. In its June 17, 2008 action, the AVAQMD board rescinded Rules 
465, 466, 466.1, and 467 and adopted a Federal Negative Declaration 
stating that there are no major sources within the AVAQMD subject to 
Rule 465 and the non-leak provisions of the remaining rules. Rule 1173 
was retained and amended to ensure that any applicable leak 
requirements in Rules 466, 466.1, and 467 remained in the SIP within 
Rule 1173. For further discussion, see EPA's Technical Support Document 
and the AVAQMD Final Staff Report.

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 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
section 182(a)(2)), and must not relax existing requirements (see 
sections 110(l) and 193). The AVAQMD regulates an ozone nonattainment 
area (see 40 CFR part 81), so Rule 1173 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 Cutpoints, 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 of Volatile Organic Compound Equipment Leaks from 
Synthetic Organic Chemical and Polymer Manufacturing,'' EPA-450/3-83-
006, USEPA, December 1983.
    5. ``Control of Volatile Organic Compound Equipment Leaks from 
Natural Gas/Gasoline Processing Plants,'' EPA-450/3-83-007, USEPA, 
December 1983.

B. Does the rule meet the evaluation criteria?

    We believe that Rule 1173, the companion rescission of Rules 465, 
466, 466.1, 467, and the AVAQMD Negative Declaration are consistent 
with the relevant policy and guidance regarding enforceability, RACT, 
and SIP relaxations. The TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    We have no further 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 Rule 1173, approving the AVAQMD Negative Declaration, and 
rescinding Rules 465, 466, 466.1, and 467 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 September 28, 2009, 
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 27, 
2009. This will incorporate Rule 1173 into the Federally enforceable 
SIP and remove Rules 465, 466, 466.1, and 467 from the 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 the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those

[[Page 44296]]

imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 action 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 October 27, 2009. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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: May 13, 2009.
Laura Yoshii,
Acting 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)(361)(i)(B) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (361) * * *
    (i) * * *
    (B) Antelope Valley Air Quality Management District
    (1) Rule 1173, ``Fugitive Emissions of Volatile Organic 
Compounds,'' adopted July 7, 1989 and amended June 17, 2008.
* * * * *
[FR Doc. E9-20827 Filed 8-27-09; 8:45 am]
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