[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Rules and Regulations]
[Pages 12121-12123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5342]



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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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