Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Mojave Desert Air Quality Management District, San Luis Obispo County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 57-14-7108a; FRL-5280-3]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Mojave Desert Air Quality

Management District, San Luis Obispo County Air Pollution Control

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the

California State Implementation Plan. The revisions concern rules from

the following districts: Mojave Desert Air Quality Management District

(MDAQMD) and San Luis Obispo County Air Pollution Control District

(SLOCAPCD). The rules control volatile organic compounds (VOC)

emissions from components at pipeline transfer stations and petroleum-

related industrial sources; oil-water separators; and petroleum pits,

ponds, sumps, and well cellars. This approval action will incorporate

these rules into the federally approved SIP. The intended effect of

approving these rules is to regulate emissions of VOCs in accordance

with the requirements of the Clean Air Act, as amended in 1990 (CAA or

the Act). In addition, the final action on MDAQMD Rules 464 and 1102

serves as a final determination that the findings of nonsubmittal for

these rules have been corrected and that on the effective date of this

action, any Federal Implementation Plan (FIP) clocks associated with

such submittals are stopped. Thus, EPA is finalizing the approval of

these rules into the California SIP under provisions of the CAA

regarding EPA action on SIP submittals, SIPs for national primary and

secondary ambient air quality standards and plan requirements for

nonattainment areas.

DATES: This final rule is effective on November 27, 1995 unless adverse

or critical comments are received by October 27, 1995. If the effective

date is delayed, a timely notice will be published in the Federal

Register.

ADDRESSES: Copies of the rules and EPA's evaluation report for each

rule are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rules are

available for inspection at the following locations:

Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,

SW, Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

Mojave Desert Air Quality Management District, 15428 Civic Drive,

Victorville, California 92392.

San Luis Obispo County Air Pollution Control District, 2156 Sierra Way,

Suite ``B'', San Luis Obispo, CA 93401.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section

(A-5-3), Air and Toxics Division, U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:

(415) 744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the California SIP include: MDAQMD

Rule 464, Oil-Water Separators; MDAQMD Rule 1102, Fugitive Emissions of

VOCs from Components at Pipeline Transfer Stations; SLOCAPCD Rule 417,

Control of Fugitive Emissions of Reactive Organic Compounds; and

SLOCAPCD Rule 419, Petroleum Pits, Ponds, Sumps, Well Cellars, and

Wastewater Separators. These rules were submitted by the California Air

Resources Board to EPA on October 19, 1994, May 13, 1993, November 30,

1994, and September 28, 1994, respectively.

Background

On March 3, 1978, EPA promulgated a list of ozone nonattainment

areas under the provisions of the Clean Air Act, as amended in 1977

(1977 Act or pre-amended Act), that included the Southeast Desert

1 and San Luis Obispo County areas. 43 FR 8964, 40 CFR 81.305.

Because these areas were unable to meet the statutory attainment date

of December 31, 1982, California requested under section 172 (a)(2),

and EPA approved, an extension of the attainment date to December 31,

1987. (40 CFR 52.222). On May 26, 1988, EPA

[[Page 49773]]

notified the Governor of California, pursuant to section 110(a)(2)(H)

of the 1977 Act, that the above districts' portions of the California

SIP were inadequate to attain and maintain the ozone standard and

requested that deficiencies in the existing SIP be corrected (EPA's

SIP-Call). On November 15, 1990, the Clean Air Act Amendments of 1990

were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q. In amended section 182(a)(2)(A) of the CAA, Congress

statutorily adopted the requirement that nonattainment areas fix their

deficient reasonably available control technology (RACT) rules for

ozone and established a deadline of May 15, 1991 for states to submit

corrections of those deficiencies.

\1\ The MDAQMD was created by Assembly Bill AB 2522 signed into

law by the Governor of California on September 12, 1992. It includes

all of the County of San Bernardino which is not included within the

boundaries of the South Coast Air Quality Management District, and

may include contiguous areas situated in the Southeast Desert Air

Basin upon request for inclusion. The Mojave Desert District

commenced operations on July 1, 1993, and on that date assumed the

authority, duties and employees of the San Bernardino County Air

Pollution Control District, which ceased to exist as of that date.

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Section 182(a)(2)(A) applies to areas designated as nonattainment

prior to enactment of the amendments and classified as marginal or

above as of the date of enactment. It requires such areas to adopt and

correct RACT rules pursuant to pre-amended section 172 (b) as

interpreted in pre-amendment guidance.2 EPA's SIP-Call used that

guidance to indicate the necessary corrections for specific

nonattainment areas. The Southeast Desert area is classified as severe

and the San Luis Obispo County area is classified as moderate 3;

therefore, these areas were subject to the RACT fix-up requirement and

the May 15, 1991 deadline.

\2\ Among other things, the pre-amendment guidance consists of

those 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,

Clarification to Appendix D of November 24, 1987 Federal Register

Notice'' (Blue Book) (notice of availability was published in the

Federal Register on May 25, 1988); and the existing control

technique guidelines (CTGs).

\3\ The Southeast Desert and San Luis Obispo County areas have

retained their designation of nonattainment and were classified by

operation of law pursuant to sections 107(d) and 181(a) upon the

date of enactment of the CAA. See 55 FR 56694 (November 6, 1991).

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The State of California submitted many revised RACT rules for

incorporation into its SIP on May 13, 1993, October 19, 1994, September

28, 1994, and November 30, 1994, including the rules being acted on in

this notice. This notice addresses EPA's direct-final action for

MDAQMD's Rule 464, Oil-Water Separators; MDAQMD's Rule 1102, Fugitive

Emissions of VOCs from Components at Pipeline Transfer Stations;

SLOCAPCD's Rule 419, Petroleum Pits, Ponds, Sumps, Well Cellars, and

Wastewater Separators; and SLOCAPCD's Rule 417, Control of Fugitive

Emissions of Reactive Organic Compounds. The MDAQMD adopted Rules 464

and 1102 on August 25, 1994 and October 26, 1994, respectively. The

SLOCAPCD adopted Rules 417 and 419 on February 9, 1993 and July 12,

1994, respectively. These submitted rules were found to be complete on

December 1, 1994, January 3, 1995, July 19, 1993, and November 22, 1994

pursuant to EPA's completeness criteria which are set forth in 40 CFR

part 51 Appendix V,4 and are being finalized for approval into the

SIP.

\4\ EPA adopted the completeness criteria on February 16, 1990

(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,

revised the criteria on August 26, 1991 (56 FR 42216).

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MDAQMD Rule 464 controls VOC emissions from oil-water separators.

MDAQMD Rule 1102 controls fugitive emissions of VOC due to component

leaks of facilities involved in the transfer and/or storage of

petroleum products, crude oil or natural gas in pipelines. SLOCAPCD

Rule 417 controls fugitive emissions of VOC from components at

petroleum-related industrial sources. SLOCAPCD Rule 419 controls VOC

emissions from oil-water separators and oil production sumps. VOCs

contribute to the production of ground level ozone and smog. These

rules were originally adopted as part of MDAQMD's and SLOCAPCD's

efforts to achieve the National Ambient Air Quality Standard (NAAQS)

for ozone and in response to EPA's SIP-Call and the section

182(a)(2)(A) CAA requirement. The following is EPA's evaluation and

final action for these rules.

EPA Evaluation and Action

In determining the approvability of a VOC rule, EPA must evaluate

the rule for consistency with the requirements of the CAA and EPA

regulations, as found in section 110 and Part D of the CAA and 40 CFR

part 51 (Requirements for Preparation, Adoption, and Submittal of

Implementation Plans). The EPA interpretation of these requirements,

which forms the basis for today's action, appears in the various EPA

policy guidance documents listed in footnote 2. Among those provisions

is the requirement that a VOC rule must, at a minimum, provide for the

implementation of RACT for stationary sources of VOC emissions. This

requirement was carried forth from the pre-amended Act.

For the purpose of assisting state and local agencies in developing

RACT rules, EPA prepared a series of Control Technique Guideline (CTG)

documents. The CTGs are based on the underlying requirements of the Act

and specify the presumptive norms for what is RACT for specific source

categories. Under the CAA, Congress ratified EPA's use of these

documents, as well as other Agency policy, for requiring States to

``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTGs

applicable to these rules are entitled, ``Petroleum Refineries--Control

of Refinery Vacuum Producing Systems, Wastewater Separators, Process

Turnarounds'' EPA-450/2-77-022 and ``Control of Volatile Organic

Compound Leaks from Synthetic Organic Chemical and Polymer

Manufacturing Equipment'' EPA-450/3-83-006. This document updates the

RACT criteria from the CTG for petroleum refinery equipment. Further

interpretations of EPA policy are found in the Blue Book, referred to

in footnote 2. In general, these guidance documents have been set forth

to ensure that VOC rules are fully enforceable and strengthen or

maintain the SIP.

MDAQMD's submitted Rule 464, Oil-Water Separators includes the

following significant changes from the current SIP:

A definition section was added for rule clarification.

A provision was added stating that the cover material

shall be impermeable to VOCs, and free from holes or openings.

A fugitive vapor leak monitoring provision was added.

The rule exempts segregated storm water runoff drain

systems and non-contact cooling water systems.

A recordkeeping section was added.

A test method section was added for compliance

verification.

MDAQMD's submitted rule 1102, Fugitive Emissions of VOCs from

Components at Pipeline Transfer Stations was developed to correct

deficiencies identified in District Rule 466 (Pumps and Compressors)

and Rule 467 (Safety Pressure Relief Valves). For a detailed review of

the existing rules and new Rule 1102, please refer to the Technical

Support Document for Rule 1102 dated July 10, 1995. Rule 1102 includes

the following significant changes from the current SIP rules:

A definition section was added for rule clarification.

A basic operating standards section was added.

Inspection schedules and requirements were added.

Exempt components were identified.

Inspection and identification log requirements were added.

A test method section was added for compliance

verification.

A compliance schedule was provided.

SLOCAPCD's submitted rule 417, Control of Fugitive Emissions of

[[Page 49774]]

Reactive Organic Compounds, is a new rule which establishes standards

for petroleum-related industrial sources and contains the following

provisions:

The implementation of an inspection and repair program.

A requirement that major and critical components are to be

physically identified for inspection, repair, replacement, and

recordkeeping purposes.

A requirement to maintain up-to-date inspection and

maintenance activity records.

Addition of test methods to determine compliance.

A requirement for all sources to have inspection and

maintenance plans no later than 12-months from the date of rule

adoption.

SLOCAPCD's submitted new rule 419, Petroleum Pits, Ponds, Sumps,

Well Cellars, and Wastewater Separators contains the following

provisions:

Prohibits primary or first stage production sumps.

Requires that affected second or third stage sumps, pits

or ponds have covers that are impermeable to VOC vapors and have no

holes, tears or openings which allow the emission of organic compounds

into the atmosphere.

Requires that well cellars be used only during periods of

equipment maintenance or well workover and prohibits holding crude oil

or petroleum materials in a well cellar for more than five consecutive

calendar days.

Requires that affected wastewater separators have a solid

cover, a floating pontoon or double-deck type cover, a vapor recovery

system, or other equipment with a vapor loss control efficiency of at

least 90% by weight.

Provides requirements for records to be maintained.

EPA has evaluated the submitted rules and has determined that they

are consistent with the CAA, EPA regulations, and EPA policy.

Therefore, MDAQMD Rule 464, Oil-Water Separators; MDAQMD Rule 1102,

Fugitive Emissions of VOCs from Components at Pipeline Transfer

Stations; SLOCAPCD Rule 417, Control of Fugitive Emissions of Reactive

Organic Compounds; and SLOCAPCD Rule 419, Petroleum Pits, Ponds, Sumps,

Well Cellars, and Wastewater Separators are being approved under

section 110(k)(3) of the CAA as meeting the requirements of section

110(a) and Part D. Therefore, if this direct final action is not

withdrawn, on November 27, 1995, any FIP clocks associated with the

nonsubmittal of these rules are stopped.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future implementation

plan. Each request for revision to the state implementation plan shall

be considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

EPA is publishing this notice without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revisions

should adverse or critical comments be filed. This action will be

effective November 27, 1995, unless by October 27, 1995, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective November 27, 1995.

Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises and

government entities with jurisdiction over populations of less than

50,000.

SIP approvals under sections 110 and 301(a) and subchapter I, part

D of the CAA do not create any new requirements, but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP-approval does not impose any new requirements, I certify

that it does not have a significant impact on any small entities

affected. Moreover, due to the nature of the Federal-State relationship

under the CAA, preparation of a regulatory flexibility analysis would

constitute Federal inquiry into the economic reasonableness of State

action. The CAA forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.

Ct. 1976); 42 U.S.C. 7410 (a)(2).

The OMB has exempted this action from review under Executive Order

12866.

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Part D of the Clean Air

Act. These rules may bind state, local, and tribal governments to

perform certain duties. The rules being approved by this action will

impose no new requirements because affected sources are already subject

to these regulations under state law. Therefore, no additional costs to

state, local, or tribal governments or to the private sector result

from this action. EPA has also determined that this final action does

not include a mandate that may result in estimated costs of $100

million or more to state, local, or tribal governments in the aggregate

or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

Note: Incorporation by reference of the State Implementation

Plan for the State of California was approved by the Director of the

Federal Register on July 1, 1982.

Dated: August 8, 1995.

Felicia Marcus,

Regional Administrator.

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. 7401-7671q.

[[Page 49775]]

Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c)(193)(i)(B),

(c)(199)(i)(B), (202)(i)(D) and (207)(i)(D) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(193) * * *

(i) * * *

(B) San Luis Obispo County Air Pollution Control District.

(1) Rule 417, adopted February 9, 1993.

* * * * *

(199) * * *

(i) * * *

(B) San Luis Obispo County Air Pollution Control District.

(1) Rule 419, adopted July 12, 1994.

* * * * *

(202) * * *

(i) * * *

(D) Mojave Desert Air Quality Management District.

(1) Rule 464, adopted August 24, 1994.

* * * * *

(207) * * *

(i) * * *

(D) Mojave Desert Air Quality Management District.

(1) Rule 1102, adopted October 26, 1994.

* * * * *

[FR Doc. 95-23960 Filed 9-26-95; 8:45 am]

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