Approval and Promulgation of State Implementation Plans; Louisiana: Site-Specific Revision for the Exxon Company Baton Rouge Refinery

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[LA-46-1-7384a; FRL-6009-1]

Approval and Promulgation of State Implementation Plans;

Louisiana: Site-Specific Revision for the Exxon Company Baton Rouge

Refinery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In this action, the EPA is approving a site-specific revision

to the Louisiana 15% Rate-of-Progress State Implementation Plan (SIP).

The revision extends the date of compliance for the installation of

particular Volatile Organic Liquid (VOL) storage tank controls for

storage tanks located at the Baton Rouge Refinery of Exxon Company,

U.S.A. Specifically, the revision extends the compliance date of the

requirement for the installation of guide pole sliding cover gaskets on

33 storage tanks until the earlier of the next scheduled downtime of

the subject tanks or December 2005.

In the proposed rules section of today's Federal Register (FR), the

EPA is proposing and seeking public comment on the same conditional and

final approvals of the Louisiana SIP that are discussed in this

document. If relevant adverse comments are received on these approvals,

the EPA will publish a timely withdrawal in the Federal Register

informing the public that the direct final rule did not take effect,

and addressing the relevant comments received in a subsequent final

rule, based on the related proposed rule. No additional opportunity for

public comment will be provided.

DATES: This action is effective on July 10, 1998 unless adverse or

critical comments are received by June 10, 1998. If adverse comment is

received, EPA will publish a timely withdrawal of the direct final rule

in the Federal Register and inform the public that the rule did not

take effect.

ADDRESSES: Written comments on this action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region

6 Office listed below.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at the following

locations. Interested persons wanting to examine these documents should

make an appointment with the appropriate office at least two working

days in advance.

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Environmental Protection Agency, Region 6, Air Planning Section

(6PD-L), Multimedia Planning and Permitting Division, Region 6, Dallas,

1445 Ross Avenue, Texas 75202-2733, telephone: (214) 665-7214

Air Quality Division, Louisiana Department of Environmental Quality

(LDEQ), 7290 Bluebonnet Boulevard, Baton Rouge, Louisiana 70810,

telephone: (504) 765-7247.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, SW., Washington,

DC 20460.

FOR FURTHER INFORMATION CONTACT: Mr. Eaton R. Weiler, Air Planning

Section (6PD-L), Multimedia Planning and Permitting Division,

Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,

Texas 75202-2733, telephone: (214) 665-2174.

SUPPLEMENTARY INFORMATION:

I. Background

A. VOL Storage Rule

In 61 FR 54737 (October 22, 1996) the EPA approved the Louisiana

15% Rate-of-Progress plan which describes how ozone nonattainment areas

classified as moderate and above will achieve an actual reduction in

emissions of volatile organic compounds during the first six years

after the enactment of the 1990 Clean Air Act amendments. See section

182(b). Included in this plan is the State rule for controlling

Volatile Organic Compound (VOC) emissions from VOL storage, Louisiana

Administrative Code (LAC) 33:III.2103. The calculated emissions

reductions from the implementation of this rule were credited towards

the Louisiana 15% Rate-of-Progress plan.

The compliance date for rule LAC 33:III.2103 was November 15, 1996.

The control requirements for external floating roof storage tanks of

this rule include the installation of guide pole sliding cover gaskets.

Relating to compliance date extensions, the rule states, ``Requests for

extension of the November 15, 1996, compliance date will be considered

on a case-by-case basis for situations which require the tank to be

removed from service to install the controls and must be approved by

the administrative authority.'' In this instance, the term

``administrative authority'' refers to both the Secretary or designee

of the LDEQ, and the Administrator or authorized representative of the

EPA.

B. Site Specific Request

In letters to the LDEQ dated November 13, 1996; May 14, 1997; and

July 3, 1997; the Baton Rouge Refinery of Exxon Company, U.S.A.

requested an extension of the compliance schedule of the requirement

for the installation of guide pole sliding cover gaskets on 33 external

floating roof tanks. These letters include a list of the tanks, the

date of the next maintenance downtime, and emissions estimates for the

tanks.

To accomplish the installation of the sliding cover gaskets, the

guide pole roller brackets must be temporarily removed to allow the

sliding cover to be elevated to insert the gasket. The roller brackets

on these 33 tanks are welded in place (versus bolted in place) and

require the use of cutting torches or other ``hotwork'' (spark

generating cutting or welding) for removal.

Prematurely shutting down and cleaning the subject tanks to install

the required sliding cover gaskets would result in considerable

additional VOC emissions from each tank beyond that expected for normal

maintenance and inspection. Where possible, the Refinery has complied

with all other floating roof storage tank rules to limit emissions of

VOC's.

Calculations provided by Exxon and reviewed and accepted by the

LDEQ and the EPA show installation of the sliding gaskets would result

in a reduction of VOC emissions by 12 tons per year. Premature shut

down and degassing needed to install the sliding gaskets would result

in additional VOC emissions of over 100 tons. Furthermore, the

installation of the sliding gaskets represents a minuscule portion of

the 2,500 tons per year of emission reductions from Exxon's tank

controls as approved in the 15% Rate-of-Progress plan.

Therefore, the delayed reductions will not significantly impact the

15% Rate-of-Progress plan for the Baton Rouge ozone nonattainment area.

The VOC emission impact of this extension is approximately 0.03 tons

per day and will diminish as tanks come out of service and are

retrofitted while reductions demonstrated in the 15% Rate-of-Progress

plan exceed the required reductions by 1.4 tons per day; therefore, the

plan will still demonstrate the required reductions.

In letters dated July 17, and September 12, 1997, the LDEQ notified

Exxon of LDEQ's approval of the compliance date extensions for

installation of the sliding cover gaskets. In a letter dated December

20, 1997, the Governor of Louisiana submitted the LDEQ-approved site-

specific revision to the 15% Rate-of-Progress plan to the EPA for

approval.

II. Final Action

By this action, the EPA is approving a revision to the Louisiana

15% Rate-of-Progress SIP to allow for a site-specific extension of the

compliance date to LAC 33:III. 2103.D.4 for the installation of sliding

pole gasket covers for 33 tanks located at the Exxon Company U.S.A.,

Baton Rouge Refinery until the earlier of the next scheduled downtime

or December 2005.

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed section of this Federal

Register publication, the EPA is publishing a separate document that

will serve as the proposal to approve the SIP revision should relevant

adverse comments be filed. This rule will be effective July 10, 1998

without further notice unless, by June 10, 1998, relevant adverse

comments are received.

If EPA receives such comments, then the EPA will publish a timely

withdrawal of the final rule in the Federal Register informing the

public that the rule did not take effect. All relevant public comments

received will be addressed in a subsequent final rule based on this

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

the proposed rule. Any parties interested in commenting on the proposed

rule should do so at this time. If no such comments are received, the

public is advised that this rule will be effective July 10, 1998 and no

further action will be taken on the proposed rule.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

III. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

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. See 5 U.S.C. 603 and 604.

Alternatively, EPA may

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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.

The SIP approvals under section 110 and subchapter I, part D of the

Act 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 Act,

preparation of a flexibility analysis would constitute Federal inquiry

into the economic reasonableness of State action. The Act forbids the

EPA to base its actions concerning SIPs on such grounds. See Union

Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995,

signed into law on March 22, 1995, EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate; or to private sector, of $100

million or more. Under section 205, EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires EPA to establish a plan for informing and advising any small

governments that may be significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated does

not include a Federal mandate that may result in estimated costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

preexisting requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the Comptroller General

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. Section 804, however, exempts from section 801 the

following types of rules: rules of particular applicability; rules

relating to agency management or personnel; and rules of agency

organization, procedure, or practice that do not substantially affect

the rights or obligations of non-agency parties. 5 U.S.C. 804(3). The

EPA is not required to submit a rule report regarding today's action

under section 801 because this is a rule of particular applicability.

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by July 10, 1998. 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

Note: Incorporation by reference of the SIP for the State of

Louisiana was approved by the Director of the Federal Register on

July 1, 1982.

Dated: April 23, 1998.

Lynda F. Carroll,

Acting Regional Administrator, Region 6.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation of part 52 continues to read as follows:

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

Subpart T--Louisiana

2. Section 52.970 is amended by adding paragraphs (c)(79) to read

as follows:

Sec. 52.970 Identification of plan.

* * * * *

(c) * * *

(79) Site-specific revision to the 15% Rate-of-Progress plan

submitted by the Governor in a letter dated December 20, 1997. The

revision provides for a schedule extension for installation of guide

pole sliding cover gaskets on 33 external floating roof tanks located

at the Baton Rouge refinery of Exxon Company U.S.A.

(i) Incorporation by reference.

Letters dated July 17, 1997, and September 12, 1997, from the LDEQ

to Exxon Company U.S.A. approving the compliance date extension; which

are included in the State Implementation Plan submittal entitled,

``Summary of 15% Rate-of-Progress State Implementation Plan Revision,''

dated December 20, 1997.

(ii) Additional material.

(A) Letter from the Governor of Louisiana dated December 20, 1997,

transmitting a copy of the State Implementation Plan revision.

(B) Letters dated November 13, 1996; May 14, 1997; and July 3,

1997; from Exxon Company U.S.A. to the LDEQ requesting the compliance

date extension and including a list of the subject tanks, the date of

the next maintenance downtime, and emissions estimates for the tanks;

which are included in the State Implementation Plan submittal entitled,

``Summary of 15% Rate-of-Progress State Implementation Plan Revision,''

dated December 20, 1997.

[FR Doc. 98-12433 Filed 5-8-98; 8:45 am]

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