49196 Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 

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 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 

www.regulations.gov or e-mail. 

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 

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 Emissions from Storage Tanks at 

Petroleum Facilities.

04/07/06 06/16/06 

SCAQMD ............................... 1118 ........................ Control of Emissions from Refinery Flares ........................... 11/04/05 10/05/06 

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. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 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). 


pwalker on PROD1PC71 with NOTICES
49198 Federal Register / Vol. 72, No. 166 / Tuesday, August 28, 2007 / Rules and Regulations 

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. 

■ 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 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(345)(i)(A)(2) and 

(c)(347)(i)(B) to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2007–0285; FRL–8460–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Shipyard Facilities and Provisions for 

Distance Limitations, Setbacks, and 

Buffers in Standard Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision for 

the State of Texas. This revision adds 

provisions which incorporate the 

evaluation of emissions from dockside 

vessels when reviewing applications for 

permits for new and modified sources 

and certain other administrative 

changes to its air permitting 

requirements. It also adds provisions 

concerning compliance with distance 

limitations, setbacks, and buffers at 

facilities that are authorized to construct 

or modify under an air quality standard 

permit. This action is being taken under 

section 110 of the Federal Clean Air Act 

(the Act). 

DATES: This rule is effective on October 

29, 2007 without further notice, unless 

EPA receives relevant adverse comment 

by September 27, 2007. If EPA receives 

such comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

DOCKET ID No. EPA–R06–OAR–2007–

0285, by one of the following methods: 

• Federal rulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’

Web site: http://epa.gov/region6/ 

r6coment.htm Please click on ‘‘6PD’’

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Stanley M. Spruiell at 

spruiell.stanley@epa.gov. 

• Fax: Mr. Stanley M. Spruiell, Air 

Permits Section (6PD–R), at fax number 

214–665–7263. 

• Mail: Mr. Stanley M. Spruiell, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

• Hand or Courier Delivery: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays 

except for legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Regional Material in DOCKET ID No. 

EPA–R06–OAR–2007–0285. EPA’s 

policy is that all comments received 

will be included in the public file 

without change, and may be made 

available online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

www.regulations.gov or e-mail. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public file and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 


pwalker on PROD1PC71 with NOTICES