Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; San Joaquin Valley Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-3-6638a; FRL-5159-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; 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 on revisions to the

California State Implementation Plan. The revisions concern a rule from

the San Joaquin Valley Unified Air Pollution Control District

(SJVUAPCD). The revised rule controls emissions of volatile organic

compounds (VOCs) from in-situ combustion well vents. This approval

action will incorporate this rule into the Federally approved SIP. The

intended effect of approving this rule is to regulate VOC emissions in

accordance with the requirements of the Clean Air Act, as amended in

1990 (CAA or the Act). In addition, the final action on this rule

serves as a final determination that the finding of nonsubmittal for

this rule has been corrected and that on the effective date of this

action, any Federal Implementation Plan (FIP) clock is stopped. Thus,

EPA is finalizing the approval of these revisions 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 fnal rule is effective on May 5, 1995 unless adverse or

critical comments are received by April 5, 1995. If the effective date

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

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for

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

during normal business hours. Copies of the submitted rule revisions

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 92123-1095.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, suite 200, Fresno, CA 93721.

FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-

1200.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being approved into the California SIP is SJVUAPCD Rule

4407, In-Situ Combustion Well Vents. This rule was submitted by the

California Air Resources Board (CARB) to EPA on July 13, 1994.

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 San Joaquin Valley

Area which encompassed the following eight air pollution control

districts (APCDs): Fresno County APCD, Kern County

[[Page 12122]] APCD,\1\ Kings County APCD, Madera County APCD, Merced

County APCD, San Joaquin County APCD, Stanislaus County APCD, and

Tulare County APCD. 43 FR 8964, 40 CFR 81.305. Because some of 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.\2\ 40 CFR

52.222. On May 26, 1988, EPA 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. Pub. L. 101-549, 104

Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended section

182(b)(2)(C) of the CAA, Congress statutorily required nonattainment

areas to submit reasonably available control technology (RACT) rules

for all major sources of VOCs by November 15, 1992 (the RACT catch-up

requirement).

\1\At that time, Kern County included portions of two air

basins: the San Joaquin Valley Air Basin and the Southeast Desert

Air Basin. The San Joaquin Valley Air Basin portion of Kern County

was designated as nonattainment, and the Southeast Desert Air Basin

portion of Kern County was designated as unclassified. See 40 CFR

81.305 (1991).

\2\This extension was not requested for the following counties:

Kern, King, Madera, Merced, and Tulare. Thus, the attainment date

for these counties remained December 31, 1982.

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On March 20, 1991, the SJVUAPCD was formed. The SJVUAPCD has

authority over the San Joaquin Valley Air Basin which includes all of

the above eight counties except for the Southeast Desert Air Basin

portion of Kern County. Thus, Kern County Air Pollution Control

District still exists, but only has authority over the Southeast Desert

Air Basin portion of Kern County.

Section 182(b)(2) applies to areas designated as nonattainment

prior to enactment of the amendments and classified as moderate or

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

rules pursuant to section 172(b) as interpreted in pre-amendment

guidance.\3\ The San Joaquin Valley Area is classified as serious\4\;

therefore, this area was subject to the RACT catch-up requirement and

the November 15, 1992 deadline.\5\

\3\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).

\4\The San Joaquin Valley Area retained its designation of

nonattainment and was 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).

\5\California did not make the required SIP submittals by

November 15, 1992. On January 15, 1993, the EPA made a finding of

failure to make a submittal pursuant to section 179(a)(1), which

started an 18-month sanction clock. The rule being acted on in this

Notice of Direct Final Rulemaking was submitted in response to the

EPA finding of failure to submit.

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The State of California submitted many RACT rules for incorporation

into its SIP on July 13, 1994, including the rule being acted on in

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

SJVUAPCD Rule 4407, In-situ Combustion Well Vents. The SJVUAPCD adopted

Rule 4407 on May 19, 1994. This submitted rule was found to be complete

on July 22, 1994 pursuant to EPA's completeness criteria that are set

forth in 40 CFR part 51 Appendix V\6\ and is being finalized for

approval into the SIP.

\6\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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Rule 4407 controls emissions of VOCs from crude oil production

wells where production has been enhanced by the heat of combustion

resulting from air injected into the oil reservoir. VOCs contribute to

the production of ground level ozone and smog. This rule was adopted as

part of the SJVUAPCD's effort to achieve the National Ambient Air

Quality Standard (NAAQS) for ozone and in response to the section

182(b)(2)(C) CAA requirement. The following is EPA's evaluation and

final action for this rule.

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 3. 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

``catch-up'' their RACT rules. See section 182(b)(2). For some source

categories, such as in-situ combustion well vents, EPA has not

published a CTG. In such cases, the air pollution control agency may

determine what controls are required to satisfy the RACT requirement by

reviewing the operations of facilities within the affected source

category. In that review, the technological and economic feasibility of

the proposed controls are considered. Additionally, for both CTG and

non-CTG rules, the air pollution control agency may rely on EPA policy

documents, such as the Blue Book, to ensure that the adopted VOC rules

are fully enforceable and strengthen or maintain the SIP.

SJVUAPCD's submitted Rule 4407, In-Situ Combustion Well Vents, is a

new rule which controls VOC emissions from well vents by requiring

either the use of an emissions control device which reduces well vent

emissions by 85%, or routing emissions to fuel burning equipment or a

smokeless flare. Rule 4407 also requires leak inspection and repair,

annual compliance testing of control systems, and recordkeeping for

operations, inspections and maintenance.

EPA has evaluated the submitted rule and has determined that it is

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

SJVUAPCD is being approved under section 110(k)(3) of the CAA as

meeting the requirements of section 110(a) and Part D. If this direct

final action is not withdrawn, on May 5, 1995, any FIP clock is

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 document without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate [[Page 12123]] document in

this Federal Register publication, the EPA is proposing to approve the

SIP revision should adverse or critical comments be filed. This action

will be effective May 5, 1995, unless, by April 5, 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 document 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 May 5, 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. Secs. 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 population 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 Office of Management and Budget has exempted this action from

review under Executive Order 12866.

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: February 8, 1995.

Felicia Marcus,

Regional Administrator.

Subpart F of 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.

Subpart F--California

2. Section 52.220 is amended by adding paragraph (c)(198)(i)(C) to

read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(198) * * *

(i) * * *

(C) San Joaquin Valley Unified Air Pollution Control District

(1) Rule 4407, adopted on May 19, 1994.

* * * * *

[FR Doc. 95-5342 Filed 3-3-95; 8:45 am]

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