

[Federal Register: August 28, 2007 (Volume 72, Number 166)]
[Rules and Regulations]               
[Page 49196-49198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au07-27]                         


[[Page 49196]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0421a; FRL-8452-1]

 
Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the 
South Coast Air Quality Management District (SCAQMD) portion of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from refinery flares and 
storage tanks at petroleum 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 October 29, 2007 without further 
notice, unless EPA receives adverse comments by September 27, 2007. 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-
2007-0421a, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 

the on-line instructions.
    2. E-mail: steckel.andrew@epa.gov.
    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.
    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: Jerald S. Wamsley, EPA Region IX, at 
either (415) 947-4111, or wamsley.jerry@epa.gov.

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 dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                    Rule No.                Rule title            Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.............................  1178.................  Further Control of VOC         04/07/06     06/16/06
                                                             Emissions from Storage
                                                             Tanks at Petroleum
                                                             Facilities.
SCAQMD.............................  1118.................  Control of Emissions from      11/04/05     10/05/06
                                                             Refinery Flares.
----------------------------------------------------------------------------------------------------------------

    On July 21, 2006 and October 24, 2006, respectively, EPA found that 
SCAQMD Rules 1178 and 1118 met the completeness criteria in 40 CFR part 
51, Appendix V. The state's submittal must meet these criteria before 
EPA's formal review can begin.

B. Are there other versions of these rules?

    We approved a version of Rule 1178 into the SIP on August 26, 2003 
(see 68 FR 51181). Rule 1118 has not been submitted previously to EPA 
for SIP inclusion. There have been no intervening submittals of these 
rules since we acted on the prior version of Rule 1178, or since Rule 
1118 was submitted.

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. Rule 1178 applies 
additional controls to reduce VOC emissions during the filling, 
storage, and emptying of large tanks at petroleum facilities. Rule 1178 
applies to facilities emitting more than 20 tons/year of VOCs that have 
storage tanks larger than 19,815 gallons storing organic liquids with a 
true vapor pressure greater than or equal to 0.1 psi and establishes 
vapor pressure containment and control requirements for organic liquid 
storage tanks. Tanks and systems of tanks must have a vapor recovery 
system that recovers at least 95% of ROC vapors by weight or combusts 
excess vapors. Rule 1178 also sets specific requirements for vapor loss 
control devices, external floating roofs, and internal floating roofs. 
While some of Rule 1178's requirements are duplicative, many 
requirements are additive and more stringent than SCAQMD Rule 463--
Organic Liquid Storage. Rule 1118 is designed to decrease VOC as well 
as, sulphur dioxide and nitrogen dioxide emissions from industries such 
as petroleum refineries, sulphur recovery plants, and hydrogen 
production plants. The rule also provides for monitoring and recording 
data related to flaring operations and flare related emissions.

[[Page 49197]]

    EPA's technical support documents (TSD) 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 
section 182(a)(2)), and must not relax existing requirements (see 
sections 110(l) and 193). The SCAQMD regulates an ozone nonattainment 
area (see 40 CFR part 81), so Rule 1178 and 1118 must fulfill RACT.
    Guidance and policy documents that we use to help evaluate specific 
enforceability and RACT requirements consistently include the guidance 
documents listed below.
    (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 Emissions from Petroleum Liquid 
Storage in External Floating Roof Tanks,'' EPA-450/2-78-047, USEPA, 
December 1978.
    (5) ``Control of Volatile Organic Emissions from Storage of 
Petroleum Liquids in Fixed-Roof Tanks, ``EPA-450/2-77-036, USEPA, 
December 1977.
    There are no relevant CTGs for minimizing flare emissions through 
event monitoring.

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 
amendments to Rule 1178 either clarify the rule, or strengthen its 
provisions in a practical manner. Rule 1118 strengthens the SIP by 
minimizing emissions from a previously unregulated source of VOC. The 
TSD has more information on our respective evaluations.

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 September 27, 2007, 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 29, 2007. 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 (Public Law 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 approves a state rule 
implementing a Federal standard.
    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).

[[Page 49198]]

    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 29, 2007. 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: July 3, 2007.
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 paragraphs (c)(345)(i)(A)(2) and 
(c)(347)(i)(B) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (345) * * *
    (i) * * *
    (A) * * *
    (2) Rule 1178 adopted on December 21, 2001, and amended on April 7, 
2006.
* * * * *
    (c) * * *
    (347) * * *
    (i) * * *
    (B) South Coast Air Quality Management District.
    (1) Rule 1118 adopted February 13, 1998, and amended November 4, 
2005.
* * * * *
[FR Doc. E7-16822 Filed 8-27-07; 8:45 am]

BILLING CODE 6560-50-P
