[Federal Register Volume 63, Number 90 (Monday, May 11, 1998)]
[Rules and Regulations]
[Pages 25773-25775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12433]


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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.

[[Page 25774]]

    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

[[Page 25775]]

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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