[Federal Register Volume 77, Number 114 (Wednesday, June 13, 2012)]
[Proposed Rules]
[Pages 35329-35331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14410]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0359; FRL-9685-9]


Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing 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 crude oil production 
sumps and refinery wastewater separators. We are approving local rules 
that regulate these emission sources under the Clean Air Act as amended 
in 1990 (CAA or the Act). We are taking comments on this proposal and 
plan to follow with a final action.

DATES: Any comments must arrive by July 13, 2012.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0359, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [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 email. 
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 email directly to EPA, your email 
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: Generally, documents in the docket for this action are 
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 at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps), 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: Nicole Law, EPA Region IX, (415) 947-
4126, [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 and 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 rules addressed by this proposal with the dates 
that they were amended by the local air agency and submitted by the 
California Air Resources Board (CARB).

[[Page 35330]]



                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency               Rule No.              Rule title              Amended          Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD.......................              4402  Crude Oil Production               12/15/11          02/23/12
                                                    Sumps.
SJVUAPCD.......................              4625  Wastewater Separators....          12/15/11          02/23/12
----------------------------------------------------------------------------------------------------------------

    On March 13, 2012, EPA determined that the submittal for SJVUAPCD 
Rule 4402 and SJVUPACD Rule 4625 met the completeness criteria in 40 
CFR Part 51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of these rules?

    On July 7, 2011 (76 FR 39777), we finalized a limited approval into 
the SIP of earlier versions of Rule 4402 and 4625 because these rules 
largely fulfilled relevant CAA requirements. We simultaneously 
finalized a limited disapproval of these rules, identifying several 
rule deficiencies. The SJVUAPCD adopted revisions to the SIP-approved 
versions on December 15, 2011 and CARB submitted them to us on February 
23, 2012.

C. What is the purpose of the submitted rules and 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. The submitted Rule 
4402, Crude Oil Production Sumps, controls VOC emissions from sumps by 
prohibiting first stage sumps, requiring covers, requiring 
recordkeeping, and limiting emergency pit use. The submitted Rule 4625, 
Wastewater Separators, controls VOC emissions from wastewater 
separators at refineries by requiring inspections, removing exemptions, 
and requiring recordkeeping. The rules were revised largely to address 
the deficiencies identified in EPA's July 7, 2011 limited disapproval. 
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 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
sections 182(b)(2) and 182(f)), and must not relax existing 
requirements (see sections 110(l) and 193). The SJVUAPCD regulates an 
ozone nonattainment area (see 40 CFR part 81), so Rules 4402 and 4625 
must fulfill RACT.
    Guidance and policy documents that we use to evaluate 
enforceability and RACT requirements consistently include the 
following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``Technical Support Document for Suggested Control Measure for 
the Control of Organic Compound Emissions from Sumps Used in Oil 
Production Operations,'' California Air Resources Board, August 11, 
1988.

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 TSDs 
have more information on our evaluation and explain how the revised 
submittal adequately addresses all deficiencies identified in our 
previous limited disapproval by revisions to the rule and/or the 
District's supporting documentation.

C. EPA recommendations to further improve the rules

    We recommend SJVUAPCD develop a more current inventory of all oil 
production sumps, ponds, and pits in the District for its next ozone 
plan. This inventory could identify the number of sumps and ponds by 
size, type (lined, unlined, excavation, above ground, etc.), VOC 
content and operator production rate. The TSDs describe additional rule 
revisions that we recommend for the next time the local agency modifies 
the rules but are not currently the basis for rule disapproval.

D. Public Comment and Final Action

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP. If we finalize this action as proposed, this action 
would terminate all sanction and FIP clocks associated with our July 
2011 limited disapproval.
    On January 10, 2012, EPA partially approved and partially 
disapproved the RACT SIP submitted by California on June 18, 2009 for 
the SJV extreme ozone nonattainment area (2009 RACT SIP), based in part 
on our conclusion that the State had not fully satisfied CAA Section 
182 RACT requirements for crude oil production sumps and refinery 
wastewater separators. See 77 FR 1417, 1425 (January 10, 2012). Final 
approval of Rule 4402 and 4625 would satisfy California's obligation to 
implement RACT under CAA section 182 for this source category for the 
1-hour ozone and 1997 8-hour ozone NAAQS and thereby terminate both the 
sanctions clocks and the Federal Implementation Plan (FIP) clock 
associated with these rules.

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 proposed action merely proposes to approve State law 
as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed 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

[[Page 35331]]

affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Public Law 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 disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action 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.

List of Subjects in 40 CFR Part 52

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

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

    Dated: May 25, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-14410 Filed 6-12-12; 8:45 am]
BILLING CODE 6560-50-P