[Federal Register Volume 80, Number 12 (Tuesday, January 20, 2015)]
[Rules and Regulations]
[Pages 2609-2611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00643]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0781; FRL-9920-52-Region 9]
Revisions to the California State Implementation Plan, South
Coast Air Quality Management District and Ventura County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the South Coast Air Quality
Management District (SCAQMD) and the Ventura County Air Pollution
Control District (VCAPCD) portions of the California State
Implementation Plan (SIP). These revisions respectively concern
volatile organic compound (VOC) emissions from petroleum refinery
coking operations, and sulfur dioxide (SO2) primary
emissions from stationary combustion sources. We are approving local
rules that regulate these emission sources under the Clean Air Act (CAA
or the Act).
DATES: This rule is effective on March 23, 2015 without further notice,
unless EPA receives adverse comments by February 19, 2015. 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-
2014-0781, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
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 on-line 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 email. 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 email directly to EPA, your email 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
[[Page 2610]]
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), 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: James Shears, EPA Region IX, (213)
244-1810, [email protected].
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 rule revisions?
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.
Table 1--Submitted Rules
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Local agency Rule No. Rule title Adopted Submitted
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SCAQMD......................... 1114 Petroleum Refinery Coking 5/3/13 2/10/14
Operations.
VCAPCD......................... 54 Sulfur Compounds.................. 1/14/14 5/13/14
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On May 5, 2014, EPA determined that the submittal for SCAQMD, Rule
1114, met the completeness criteria in 40 CFR part 51 Appendix V, which
must be met before formal EPA review.
On July 18, 2014, EPA determined that the submittal for VCAPCD,
Rule 54, met the completeness criteria in 40 CFR part 51 Appendix V,
which must be met before formal EPA review.
B. Are there other versions of these rules?
There is not an earlier version of SCAQMD Rule 1114. We approved an
earlier version of VCAPCD Rule 54 into the SIP on April 19, 2000 (65 FR
20913).
C. What is the purpose of the submitted rule revisions?
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. SCAQMD Rule 1114
addresses petroleum refinery coking operations and is designed to
minimize VOC emissions generated during the delayed coking process. It
requires that coke drums be depressurized to less than two psig prior
to venting to atmosphere.
Current scientific evidence links short-term exposures to sulfur
dioxide (SO2), ranging from 5 minutes to 24 hours, with an
array of adverse respiratory effects including bronchoconstriction and
increased asthma symptoms. Section 110(a) of the CAA requires States to
submit regulations that control SO2 emissions. VCAPCD Rule
54 limits emissions of sulfur compounds to the atmosphere from fossil
fuel combustion in Ventura. The rule adds a .075 ppm 1-hour
SO2 facility property line concentration limit consistent
with the National Ambient Air Quality Standard (NAAQS) promulgated
nationally in 2010. EPA's technical support documents (TSDs) for SCAQMD
and VCAPCD have more information about these various rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
40 CFR part 81 describes SCAQMD as regulating a non-attainment area
classified as extreme for the 8-hour ozone NAAQS. VCAPCD is currently
designated as being ``better than the national standards'' for the 1971
NAAQS for SO2. Therefore, VCAPCD does not need to implement
RACT at this time, but it must comply with enforceability and other CAA
requirements for SO2. SIP rules must be enforceable (see CAA
section 110(a)(2), must not interfere with applicable requirements
concerning attainment and reasonable further progress or other CAA
requirements (see CAA section 110(l)), and must not modify certain SIP
control requirements in non-attainment areas without ensuring
equivalent or greater emissions reductions (see CAA section 193).
Guidance and policy documents that we use to evaluate
enforceability and RACT requirements consistently include the
following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990'', 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
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. 40 CFR 60.103a, ``Work Practice Standards'', EPA, July 1, 2011
edition.
5. Federal Register ``Petroleum Refinery Sector Risk and Technology
Review and New Source Petroleum Standards; Proposed Rule'', EPA, 79 FR
36879, June 30, 2014.
6. 40 CFR 50.17, ``National Primary Ambient Air Quality Standards
for Sulfur Oxides (Sulfur Dioxide), EPA, June 22, 2010.
7. Method 100.1, ``Source Test Protocol for Determining Oxygen
Corrected Pollutant Concentrations from Combustion Sources with High
Stack Oxygen Content Based on Carbon Dioxide Emissions'', SCAQMD, March
3, 2011.
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
respective TSDs have more information on our evaluation.
C. EPA Recommendations to Further Improve the Rules
We have no recommendations for SCAQMD Rule 1114 at this time. Our
TSD for Rule 54 describes an additional revision that we recommend for
the next time VCAPCD modifies the rule.
[[Page 2611]]
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 February 19, 2015, 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 March 23, 2015. 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 the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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).
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 March 23, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: December 2, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(441)(i)(C) and
(c)(442)(i)(C) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(441) * * *
(i) * * *
(C) Ventura County Air Pollution Control District.
(1) Rule 54, ``Sulfur Compounds,'' revised on January 14, 2014.
(442) * * *
(i) * * *
(C) South Coast Air Quality Management District.
(1) Rule 1114, ``Petroleum Refinery Coking Operations,'' adopted on
May 3, 2013.
* * * * *
[FR Doc. 2015-00643 Filed 1-16-15; 8:45 am]
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