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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 144-3-7121; FRL-5331-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; San Joaquin Valley Unified Air

Pollution Control District; South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California

State Implementation Plan (SIP) proposed in the Federal Register on

March 28, 1995 and on April 20, 1995. The revisions concern San Joaquin

Valley Unified Air Pollution Control District (SJVUAPCD) Rule 4403 and

South Coast Air Quality Management District (SCAQMD) Rule 1164.

SJVUAPCD Rule 4403 controls volatile organic compound (VOC) emissions

from components at light crude oil and gas production facilities and at

natural gas processing facilities. SCAQMD Rule 1164 covers VOC

emissions from semiconductor manufacturing operations. This approval

action will incorporate the rules into the Federally approved SIP. The

intended effect of approving these rules 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, this action will serve as a final

determination that deficiencies identified by EPA in limited approval/

limited disapproval actions on August 30, 1993 and September 29, 1993

have been corrected and that any sanctions or Federal Implementation

Plan obligations are permanently stopped. 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.

EFFECTIVE DATE: This action is effective on March 4, 1996.

ADDRESSES: Copies of these 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.

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, CA 91765-4182.

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:

Background

On March 28, 1995 in 60 FR 15891, EPA proposed to approve the

following rule into the California SIP: SJVUAPCD Rule 4403, Components

Serving Light Crude Oil and Gases at Light Crude Oil and Gas Production

Facilities and Components at Natural Gas Processing Facilities. Rule

4403 was adopted by SJVUAPCD on February 16, 1995. On

[[Page 3580]]

April 20, 1995 in 60 FR 19701, EPA proposed to approve SCAQMD Rule

1164, Semiconductor Manufacturing, into the California SIP. SCAQMD Rule

1164 was adopted on January 13, 1995. Both of these rules were

submitted by the California Air Resources Board (CARB) to EPA on

February 24, 1995.

The rules were submitted in response to EPA's 1988 SIP-Call and the

CAA section 182(a)(2)(A) requirement that nonattainment areas fix their

reasonably available control technology (RACT) rules for ozone in

accordance with EPA guidance that interpreted the requirements of the

pre-amendment Act. A detailed discussion of the background for the

above rules and nonattainment areas is provided in the appropriate

Notice of Proposed Rulemaking (NPRM) cited above.

EPA has evaluated the above rules for consistency with the

requirements of the CAA, EPA regulations, and EPA interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the NPRMs cited above. EPA has found that the

rules meet the applicable EPA requirements. A detailed discussion of

each rule and its evaluation has been provided in the NPRMs and in the

technical support documents (TSDs) available at EPA's Region IX office.

(TSDs dated March 7, 1995 and April 7, 1995, respectively.)

Response to Public Comments

A 30-day public comment period was provided in each NPRM. No

comments were received regarding SCAQMD Rule 1164. EPA received letters

from two commenters regarding SJVUAPCD Rule 4403. The comments, listed

below, have not affected EPA's decision to take final approval action

on this rule.

Comment: Annual inspection of flanges goes beyond RACT. Data are

available which demonstrate that flange leaks are rare, and therefore

annual flange inspections are not cost-effective. Flanges should be

exempted from inspection requirements.

Response: A requirement that flanges be inspected annually is

consistent with similar requirements in several other California

district rules covering this source category. District rules are not

precluded from requiring controls which may exceed Federal RACT. The

SJVUAPCD is conducting a field study to gather additional data on the

historical leak frequency of flanges in order to determine if the

annual flange inspection requirement should be amended. If the District

determines that this requirement should be amended, the District may

revise Rule 4403 and submit the revised version for incorporation into

the SIP.

Comment: The definitions of ``component'' and ``component type''

should be amended to reference pump seals and compressor seals rather

than the pump and compressor itself. The current definitions create

enforcement confusion as to how a leak on a pump or compressor device

will count towards the leak thresholds.

Response: SJVUAPCD is in the process of writing an enforcement

policy to clarify and formalize the District's inspection practices

regarding pumps and compressors.

Comment: Small oil and gas producers should be exempt from annual

instrument inspection due to cost-effectiveness considerations.

Response: This concern, along with supporting evidence, should be

presented to the SJVUAPCD in order for the District to determine if a

small producer exemption is appropriate.

Comment: Rule 4403 should be amended prior to EPA's final

rulemaking action.

Response: The decision to amend Rule 4403 lies with the SJVUAPCD.

The current submitted version of Rule 4403 is consistent with the CAA

and EPA policy. EPA has determined that it is appropriate to approve

this rule into the SIP.

EPA Action

EPA is finalizing action to approve the above rules for inclusion

into the California SIP. EPA is approving the submittals under section

110(k)(3) as meeting the requirements of section 110(a) and Part D of

the CAA.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state 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.

Regulatory Process

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 Section 110 of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. To the extent that the rules being finalized

for approval by this action will impose no new requirements, such

sources are already subject to these regulations under State law.

Accordingly, 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.

The OMB 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: October 31, 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.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c)(215)(i)(A)(4)

and (c)(215)(i)(C) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(215) * * *

(i) * * *

(A) * * *

(4) Rule 1164, adopted on January 13, 1995.

* * * * *

(C) San Joaquin Valley Unified Air Pollution Control District.

[[Page 3581]]

(1) Rule 4403, adopted on February 16, 1995.

* * * * *

[FR Doc. 96-1847 Filed 1-31-96; 8:45 am]

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