Proposed Rule2024-09306
California Air Plan Revisions; California Air Resources Board and Local California Air Districts; Crude Oil and Natural Gas Facilities
Primary source
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Published
May 3, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to a California statewide rule and six California air district rules into the California State Implementation Plan (SIP) under the Clean Air Act (CAA or the Act). These revisions concern emissions of volatile organic compounds (VOCs) from crude oil and natural gas facilities. Based on our proposed finding that these revisions correct previously-identified deficiencies in these rules, we are now proposing to fully approve the reasonably available control technology (RACT) requirement for the 2008 and 2015 ozone National Ambient Air Quality Standards (NAAQS) for sources covered by the EPA's 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry ("2016 Oil and Gas CTG") for the Sacramento Metropolitan Air Quality Management District (SMAQMD), San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD), Ventura County Air Pollution Control District (VCAPCD), and the Yolo-Solano Air Quality Management District (YSAQMD). We are also proposing to conditionally approve the RACT requirement for the 2008 and 2015 ozone NAAQS for sources covered by the EPA's 2016 Oil and Gas CTG for the South Coast Air Quality Management District (SCAQMD). We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 89 Issue 87 (Friday, May 3, 2024)</title>
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[Federal Register Volume 89, Number 87 (Friday, May 3, 2024)]
[Proposed Rules]
[Pages 36729-36737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09306]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0175; FRL-11888-01-R9]
California Air Plan Revisions; California Air Resources Board and
Local California Air Districts; Crude Oil and Natural Gas Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to a California statewide rule and six California air
district rules into the California State Implementation Plan (SIP)
under the Clean Air Act (CAA or the Act). These revisions concern
emissions of volatile organic compounds (VOCs) from crude oil and
natural gas facilities. Based on our proposed finding that these
revisions correct previously-identified deficiencies in these rules, we
are now proposing to fully approve the reasonably available control
technology (RACT) requirement for the 2008 and 2015 ozone National
Ambient Air Quality Standards (NAAQS) for sources covered by the EPA's
2016 Control Techniques Guidelines for the Oil and Natural Gas Industry
(``2016 Oil and Gas CTG'') for the Sacramento Metropolitan Air Quality
Management District (SMAQMD), San Joaquin Valley Unified Air Pollution
Control District (SJVUAPCD), Ventura County Air Pollution Control
District (VCAPCD), and the Yolo-Solano Air Quality Management District
(YSAQMD). We are also proposing to conditionally approve the RACT
requirement for the 2008 and 2015 ozone NAAQS for sources covered by
the EPA's 2016 Oil and Gas CTG for the South Coast Air Quality
Management District (SCAQMD). We are taking comments on this proposal
and plan to follow with a final action.
DATES: Comments must be received on or before June 3, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0175 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA,
[[Page 36730]]
94105. By phone: (415) 947-4126 or by email at <a href="/cdn-cgi/l/email-protection#147875633a7a7d777b7871547164753a737b62"><span class="__cf_email__" data-cfemail="95f9f4e2bbfbfcf6faf9f0d5f0e5f4bbf2fae3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What did the State submit?
B. Are there earlier versions of the submitted documents in the
SIP?
C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating these rules?
B. Do these rules meet the evaluation criteria?
C. Were there any newly identified deficiencies with the April
2, 2024 submitted CARB Oil and Gas Methane Rule?
D. The EPA's Recommendations To Further Improve the Rules
E. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted and submitted by the California Air Resources
Board (CARB).
Table 1--Submitted Rules
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Adopted/
Agency Rule title amended Submitted
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CARB.................. California Code of 06/22/2023 04/02/2024
Regulations, Title
17, Division 3,
Chapter 1, Subchapter
10 Climate Change,
Article 4 Subarticle
13: Greenhouse Gas
Emission Standards
for Crude Oil and
Natural Gas
Facilities (``CARB
Oil and Gas Methane
Rule'').
SJVUAPCD.............. Rule 4409--Components 06/15/2023 10/13/2023
at Light Crude Oil
Production
Facilities, Natural
Gas Production
Facilities, and
Natural Gas
Processing Facilities.
SJVUAPCD.............. Rule 4623--Storage of 06/15/2023 10/13/2023
Organic Liquids *.
SJVUAPCD.............. Rule 4401--Steam- 06/15/2023 10/13/2023
Enhanced Crude Oil
Production Wells *.
VCAPCD................ Rule 71.1--Crude Oil 07/11/2023 01/10/2024
Production and
Separation.
SCAQMD................ Rule 463--Organic 05/05/2023 10/13/2023
Liquid Storage.
SCAQMD................ Rule 1178--Further 09/01/2023 02/14/2024
Reductions of VOC
Emissions from
Storage Tanks at
Petroleum Facilities.
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* In two letters from Sheraz Gill, Deputy Air Pollution Control Officer,
SJVUAPCD, to Lisa Beckham, Manager, EPA Region IX, both dated April
18, 2024, SJVUAPCD described administrative corrections to Rule 4401
section 5.4.4.2 to clarify which tables to refer to for repair leak
time frames and Rule 4623 to correct table numbers and references
throughout Rule 4623. The administrative corrections are minor, only
clarify what is already in the rule, and do not impact our analysis of
the approvability of the rules. The corrections are consistent with
SJVUAPCD's Board's intent and SJVUAPCD has submitted the revised rules
to the EPA to replace earlier submitted versions. For this proposed
action, we are basing our evaluation on the SJVUAPCD rules as
corrected.
The EPA has reviewed the submittals containing the documents listed
in table 1 and finds that they fulfill the completeness criteria in 40
CFR part 51, appendix V, which must be met before formal EPA review.
The March 26, 2024, submittal letter to the EPA from CARB included
a commitment to submit an amended version of SCAQMD Rule 1148.1 within
12 months of the effective date of our final action that will remedy
the deficiency identified in this document.\1\
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\1\ Letter dated March 26, 2024, submitted with the CARB Oil and
Gas Methane Rule, from Steven S. Cliff, Executive Officer, CARB, to
Martha Guzman, Regional Administrator, EPA, Region 9.
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B. Are there earlier versions of the submitted documents in the SIP?
On September 30, 2022 (87 FR 59314), we finalized a limited
approval and limited disapproval of California Code of Regulations,
Title 17, Division 3, Chapter 1, Subchapter 10 Climate Change, Article
4 Subarticle 13: Greenhouse Gas Emission Standards for Crude Oil and
Natural Gas Facilities (``CARB Oil and Gas Methane Rule'') as adopted
on March 23, 2017. That action also finalized a disapproval of the RACT
requirement for the 2008 and 2015 ozone NAAQS for sources covered by
the 2016 Oil and Gas CTG regulated by various California air districts.
CARB adopted revisions to the SIP-approved version of the CARB Oil and
Gas Methane Rule on June 22, 2023, and submitted them to us on April 2,
2024.
We previously approved earlier versions of the six local air rules
listed in table 1 into the SIP as follows: SJVUAPCD Rule 4409 on March
23, 2006 (71 FR 14652), SJVUAPCD Rule 4623 on September 13, 2005 (70 FR
53936), SJVUAPCD Rule 4401 on November 16, 2011 (76 FR 70886), VCAPCD
Rule 71.1 on August 4, 1994 (59 FR 39690), SCAQMD Rule 463 on March 28,
2013 (78 FR 18853), and SCAQMD Rule 1178 on August 28, 2007 (72 FR
49196).
If we finalize our approval as proposed, the amended versions of
the rules listed in table 1 will replace the previously approved
versions of these rules in the SIP.
C. What is the purpose of the submitted rules?
Emissions of VOCs contribute to the production of ground-level
ozone, smog and particulate matter (PM), which harm human health and
the environment. Section 110(a) of the CAA requires states to submit
plans that provide for implementation, maintenance, and enforcement of
the NAAQS. In addition, CAA section 182(b)(2) requires, among other
things, that SIPs for ozone nonattainment areas classified as
``Moderate'' or higher implement RACT for any category of sources
covered by a control techniques guidelines (CTG) document. SMAQMD,
SJVUAPCD, VCAPCD, SCAQMD, and YSAQMD all regulate ozone nonattainment
areas that are classified as Moderate or higher for the 2008 and 2015
8-hour ozone NAAQS.\2\ The State is required to submit SIP revisions
that implement RACT-level controls for all sources covered by a CTG
document within the applicable nonattainment areas. The CARB Oil and
Gas Methane Rule was submitted to establish RACT-level VOC controls on
sources covered by the 2016 Oil and Gas CTG in these areas.
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\2\ 40 CFR 81.305. We refer to these air districts collectively
as the ``applicable local air districts.''
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The CARB Oil and Gas Methane Rule establishes methane emission
standards for crude oil and natural gas facilities in furtherance of
the California Global Warming Solutions Act (AB 32, as codified in
sections 38500-38599 of the California Health and Safety Code). The
rule can be used to limit VOC emissions to meet RACT requirements
because many of the methane controls in the CARB Oil and Gas Methane
Rule also reduce VOC emissions. Additionally, the CARB Oil and Gas
Methane Rule relies, in part, on requirements in local air district
rules to establish RACT-level controls on VOC emissions. Five of
[[Page 36731]]
those rules are already approved into the California SIP and we are
proposing approval of the other six in this rulemaking.
SJVUAPCD Rule 4401 is designed to limit VOC emissions at steam-
enhanced crude oil production wells. SJVUAPCD Rule 4409 is designed to
control VOC emissions from leaking components at natural gas processing
facilities and light crude oil and natural gas production facilities.
SJVUAPCD Rule 4623 is designed to decrease VOC emissions from the
storage of organic liquids. VCAPCD Rule 71.1 controls VOCs by
establishing requirements for equipment used in the production,
gathering, storage, processing, and separation of crude oil and natural
gas from any petroleum production permit unit prior to custody
transfer. SCAQMD Rule 463 and Rule 1178 control VOCs by establishing
roof and cover requirements as well as vapor recovery system
requirements for stationary above-ground tanks storing organic liquids.
The EPA's technical support documents (TSDs) for this action have
more information about these rules and are included in the docket for
this rulemaking.\3\
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\3\ There are seven TSDs that support this action, one for each
rule listed in table 1.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating these rules?
Rules in the SIP must be enforceable (see CAA section 110(a)(2))
and must not interfere with applicable requirements concerning
attainment and reasonable further progress or other CAA requirements
(see CAA section 110(l)). In addition, because these rules were
submitted in part to satisfy the RACT requirement for sources covered
by the 2016 Oil and Gas CTG in the applicable local air districts,
these rules must establish RACT level controls for such sources.
Section III.D of the preamble to the EPA's final rule to implement the
2008 8-hour ozone NAAQS and sections III.F and IV.B of the preamble to
the EPA's final rule to implement the 2015 8-hour ozone NAAQS discusses
RACT requirements.\4\
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\4\ 80 FR 12264, March 6, 2015, and 83 FR 62998, December 6,
2018.
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The CARB Oil and Gas Methane Rule applies statewide, including
within the applicable local air districts. However, the CARB Oil and
Gas Methane Rule contains exemptions for certain equipment, provided
that the equipment is subject to one of several specified local air
district rules. Therefore, in order to establish RACT level controls
for all facilities covered by the 2016 Oil and Gas CTG, both the CARB
Oil and Gas Methane Rule and the local air district rules referenced
within the CARB Oil and Gas Methane Rule must implement RACT.
In our September 30, 2022 action, we found that the CARB Oil and
Gas Methane Rule, and the associated local air district rules were
largely consistent with the relevant CAA requirements, including the
requirement to implement RACT for sources covered by the CTG. However,
in that action we identified a list of specific deficiencies that
prevented full approval of the CARB Oil and Gas Methane Rule and the
underlying RACT requirement in the applicable local air districts,
which served as the bases for our disapproval of the RACT requirement
for the 2008 and 2015 ozone NAAQS for sources covered by the 2016 Oil
and Gas CTG. Our proposed approval of the CARB Oil and Gas Methane Rule
and the associated local air district rules in this action does not
otherwise alter our previous determination that these rules together
establish RACT-level controls for all sources subject to the 2016 Oil
and Gas CTG within the applicable local air districts, but for the
specified deficiencies. As a result, in this action, we focus our
analysis primarily on the revisions that have been made to these seven
rules, and supporting analysis, to cure the previously identified
deficiencies and serve as the bases for now proposing to approve and
conditionally approve \5\ the associated RACT requirement for the 2008
and 2015 ozone NAAQS.
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\5\ See Section II.E of this preamble. We are proposing to
approve the RACT requirement for SMAQMD, SJVUAPCD, VCAPCD, and
YSAQMD, and conditionally approve the RACT requirement for SCAQMD.
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Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and rule stringency requirements
for the applicable criteria pollutants 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, revised January
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. EPA 453/B-16-001, Control Techniques Guidelines for the Oil
and Natural Gas Industry, October 2016.
B. Do these rules meet the evaluation criteria?
In our 2022 action, we determined that the CARB Oil and Gas Methane
Rule established RACT level controls except for certain deficiencies
that are addressed by this rulemaking.\6\ The revisions to the
submitted CARB Oil and Gas Methane Rule as well as the six submitted
California District rules correct the deficiencies identified in the
EPA's previous action. Our analysis in our previous action relied on
the CARB Oil and Gas Methane Rule and the SIP-approved local air
district rules regulating sources covered by the 2016 Oil and Gas CTG.
Some of the deficiencies were contained in the applicable local air
district rules and precluded approval of the RACT requirement for these
districts, even if the deficiencies in the CARB Oil and Gas Methane
Rule were rectified. Our proposed approval of the CARB Oil and Gas
Methane Rule and the revised local air district rules addressing these
deficiencies does not otherwise alter our previous RACT determination.
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\6\ See 87 FR 59314.
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On April 2, 2024, CARB submitted the CARB Oil and Gas Methane Rule
(adopted June 22, 2023), to correct the deficiencies of the limited
disapproval. CARB also submitted rules for the SCAQMD, VCAPCD, and
SJVUAPCD on the dates specified in table 1 to correct the deficiencies
of the disapproved RACT requirement from our September 30, 2022 action.
Below we describe the prior deficiencies, explain how they have been
corrected, and evaluate the overall enforceability and stringency of
the submitted rules. Our TSD for the CARB Oil and Gas Methane Rule and
six additional TSDs for the district rules include in-depth
descriptions of the deficiencies and how they have been corrected.
1. Deficiencies in the CARB Oil and Gas Methane Rule
Subsections 95668(a)(2)(C), 95669(b)(1), and 95670(a)(1) of the
CARB Oil and Gas Methane Rule provided general exemptions from the
requirements for storage tanks or components when ``approved for use by
a local air district'' or ``subject to a local air district
requirement.'' It was unclear which specific requirements these
provisions pointed to and whether these requirements were in the SIP.
Additionally, absent specificity about what is required for
``approv[al],'' these exemptions appeared to provide unbounded
director's discretion. To address this deficiency, for areas that
[[Page 36732]]
must meet RACT, CARB revised the Rule to specify the local air district
rule(s) a source must follow in place of the specified requirements in
the CARB Oil and Gas Methane Rule.
Subsections 95668(a), 95668(b)(4), and section 95671 of the CARB
Oil and Gas Methane Rule did not contain a requirement for separator
and tank systems to demonstrate initial and continuous compliance with
the requirement to control emissions with a vapor collection system.
Nor did the subsections specify which test methods must be used to
determine compliance or requirements to report information
demonstrating initial and continuous compliance. To address this
deficiency, Appendices D and E were added to the CARB Oil and Gas
Methane Rule to require initial and continuous compliance for
subsection 95668(a) and section 95671. These appendices closely follow
the CTG model rule requirements.\7\ Subsection 95668(a) and section
95671 were also revised to require owners and operators to follow the
provisions in Appendix D and E. Subsection 95668(b)(4) was removed in
response to another deficiency, so no further revisions were needed to
address this deficiency with respect to subsection 95668(b)(4).
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\7\ CARB Oil and Gas Rule Appendix D is modeled very closely to
the 2016 Oil and Gas CTG Appendix A sections A.2-A.4, which is the
section of the CTG model rule for requirements of VOC Emission
control, initial compliance, and continuous compliance for storage
vessels. CARB Oil and Gas Rule Appendix E is modeled very closely to
the 2016 Oil and Gas CTG Appendix A section A.2(d)-(e) which is the
closed vent and control device requirements for storage vessels
under the model rule, and Appendix A section A.3-A.4 which details
the requirements for continuous and continuous compliance for VOC
emission control for storage vessels.
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The CARB Oil and Gas Methane Rule provided exemptions from the
vapor control requirements of the Rule for low use compressors in
subsections 95668(c)(2)(A) and 95668(d)(2)(A); however, the 2016 Oil
and Gas CTG does not provide for this type of exemption. To address
this deficiency, CARB conducted an analysis using compressor data from
2018,\8\ which demonstrated that the active exempted compressors
estimated emissions were 2.4 MT CH4/yr,\9\ and the total emissions from
the compressors complying with subsections 95668(c) and (d) of the CARB
Oil and Gas Methane Rule is 7,000 MT CH4/yr for reciprocating
compressors and 52 MT CH4/yr for centrifugal compressors.\10\ According
to CARB's analysis, the emissions from all of the exempted low use
compressors in 2018 amounted to 0.03% of total methane emissions from
compressors subject to subsections 95668(c) and (d). CARB expects the
relative composition of methane and VOCs in natural gas to be similar
for compressors subject to control requirements as for those qualifying
for the low-use exemption.\11\ Based on this analysis, we consider the
VOC emissions exempted for low use reciprocating natural gas
compressors to represent a de minimis amount of emissions and therefore
addresses this deficiency.
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\8\ CARB stated in the ``Technical Clarifications Document''
page 14, that Data from 2018 was used because CARB had previously
been provided data about the operating hours of the compressors at
issue for that year.
\9\ Using Table 7-2 of Methane Emission Factors for
Reciprocating and Centrifugal Compressors in EPA's 2021 Emissions
Guidelines and New Source Performance Standards Technical Support
Document. U.S. EPA, Oil and Natural Gas Sector: Emission Standards
for New, Reconstructed, and Modified Sources and Emissions
Guidelines for Existing Sources: Background Technical Support
Document Proposed NSPS and EG, 40 CFR subparts OOOOb and OOOOc,
2021.
\10\ CARB (2016a). Proposed Regulation for Greenhouse Gas
Emission Standards for Crude Oil and Natural Gas Facilities. Staff
Report: Initial Statement of Reasons. Appendix B: Economic Analysis.
Posted 31 May 2016. <a href="https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2016/oilandgas2016/oilgasappb.pdf">https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2016/oilandgas2016/oilgasappb.pdf</a>.
\11\ CARB, ``Technical Clarifications on the Resubmission of
California's Greenhouse Gas Emission Standards for Crude Oil and
Natural Gas Facilities into the California State Implementation Plan
Following Amendments Effective April 1, 2024'', at p.15.
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Subsections 95668(c)(4)(F) and 95668(d)(9) of the CARB Oil and Gas
Methane Rule potentially allowed a leak to go unrepaired for an
additional year after being identified, but the 2016 Oil and Gas CTG
does not allow for this extended timeline. To address this deficiency,
CARB removed the extended repair provisions in subsections
95668(c)(4)(F) and 95668(d)(9).
Subsections 95668(c)(4)(B), 95668(d)(4), and 95668(g)(1) of the
CARB Oil and Gas Methane Rule required measuring flowrate using
``direct measurement (high volume sampling, bagging, calibrated flow
measuring instrument).'' However, the Rule did not specify test methods
or a calculation methodology for determining flowrate. To address this
deficiency, in place of the parenthetical following the term ``direct
measurement'' in these subsections, CARB added a definition of direct
measurement in subsection 95667(a)(17) of the rule that only allows
high volume sampling or measurement with a calibrated flow measuring
instrument. The definition requires high-volume sampling be performed
in accordance with the procedures in the new Appendix G, requires
owners and operators using a calibrated flow measuring instrument to
meet the requirements in U.S. EPA Method 2D, and requires that the
instrument is calibrated annually according to that test method. Given
the addition of the test methods in Appendix G, along with the
definitional changes described above. These amendments correct the
deficiency.
Subsections 95668(c)(3)(D)(1)(a), (c)(4)(D)(1)(a), (d)(6)(A)(1) and
subsections 95669(h)(4)(A)(1) and (i)(5)(A)(1) of the CARB Oil and Gas
Methane Rule described delay of repair that is not allowed to exceed a
specified number of days unless CARB is notified and provided with an
estimated repair completion time. This provided an open-ended and
potentially indefinite period during which a leak could remain
unrepaired. To address this deficiency, CARB added section 95670.1 to
the Rule, which requires operators to submit an estimated repair date
that is as soon as practicable and to complete repairs by that date.
This request must be substantiated with specified documentation
providing justification for any delay. CARB must approve or deny a
delay of repair request within five days. This removes the open-ended,
potentially indefinite periods for unrepaired leaks. Subsection
95668(c)(3)(D)(1)(a) of the Rule was removed, and subsections
95668(c)(4)(D)(1)(a) and (d)(6)(A)(1) and subsections 95669(h)(4)(A)(1)
and (i)(5)(A)(1) were revised to require that the operators use the
delay of repair provisions in section 95670.1 of the amended Rule.
These amendments address the deficiency.
The 2016 Oil and Gas CTG applies to most storage vessels in the oil
and natural gas industry constructed primarily of non-earthen materials
that contain an accumulation of crude oil, condensate, intermediate
hydrocarbon liquids, or produced water. Those storage vessels with a
potential to emit (PTE) of 6 tons per year (tpy) or greater of VOC are
required to implement RACT-level control. The 2016 Oil and Gas CTG
recommends RACT-level control to provide for at least (1) 95% vapor
control efficiency or (2) maintenance of actual VOC emissions below 4
tpy. Because CARB's rule only considers the separator and first tank
connected to the separator to determine whether the source meets the 10
tpy methane emissions applicability threshold,\12\ it was not clear
whether the
[[Page 36733]]
rule captured all storage vessels at oil and gas facilities that meet
or exceed the 2016 Oil and Gas CTG PTE threshold, and which are
therefore required to implement RACT. To address this deficiency, CARB
and the applicable local air districts have demonstrated that storage
vessels at oil and gas facilities in ozone nonattainment areas are
required to have RACT-level controls for VOCs when the PTE exceeds 6
tpy of VOCs. SJVUAPCD Rule 4623, SCAQMD Rule 463, and SCAQMD Rule 1178
have been amended to include storage vessels with PTE of 6 tpy VOC or
greater. VCAPCD demonstrated that an explicit 6 tpy VOC applicability
threshold was not needed in the rule because most storage vessels are
already required to meet the 95% vapor control efficiency requirement
in VCAPCD Rule 71.1, and the exemptions to that requirement would not
be available to storage vessels with a PTE of 6 tpy or greater.\13\
CARB demonstrated that sources regulated by SMAQMD and YSAQMD only have
single tank systems (i.e., separator and connected tank), and therefore
the issue raised in this deficiency does not apply in these areas and
the CARB Oil and Gas Methane Rule alone is sufficient to require RACT
level controls for storage tanks regulated by these two districts.\14\
The amendments to the local SJVUAPCD and SCAQMD rules, along with
VCAPCD and CARB's demonstrations address this deficiency.
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\12\ The definition of ``separator and tank system'' found in
section 95667(a)(57) limits the system to ``the first separator in a
crude oil or natural gas production system and any tank or sump
connected directly to the first separator.'' The 10 tpy methane
threshold is found in section 95668(a)(4), (5), and (6). CARB's
staff report estimates that the 10 tpy of methane emissions
threshold in the Rule is about ~1.8 tpy VOC and below the CTG
requirement that systems maintain emissions less than 4 tpy VOC.
CARB Staff Report, 4.
\13\ The TSD for VCAPCD Rule 71.1 has more detailed information.
\14\ CARB, ``Technical Clarifications on the Resubmission of
California's Greenhouse Gas Emission Standards for Crude Oil and
Natural Gas Facilities into the California State Implementation Plan
Following Amendments Effective April 1, 2024'', at pp.18-19.
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Subsection 95668(a)(2)(A) of the CARB Oil and Gas Methane Rule
exempted separator and tank systems, as defined within the rule, that
receive an average of less than 50 barrels of crude oil or condensate
per day from the rule's flash testing and vapor control requirements
for storage vessels. By using the word ``or,'' this exemption
potentially exempted tanks that receive a minor amount of either crude
oil or condensate, but a significant quantity of the other organic
liquid. To address this deficiency, CARB amended subsection (a)(2)(A)
and replaced ``or'' with ``and'' so that only separator and tank
systems that receive an average of less than 50 barrels of crude oil
and less than 50 barrels of condensate per day will be exempted.
Subsections 95668(a)(3) and (4) of the CARB Oil and Gas Methane
Rule required existing and new tanks that are not equipped with vapor
collection systems to comply with specified requirements for flash
testing. The rule required tanks with emissions greater than 10 tpy of
methane to meet specified vapor control requirements. The rule did not
specify requirements for how tanks equipped with vapor control (either
vapor collection systems, or tanks with floating roofs) determine their
emissions (PTE or actual) to assess whether they must meet RACT-level
control requirements (i.e., vapor collection systems that meet 95%
control, or to maintain actual emissions at less than 4 tpy VOC). To
address this deficiency, CARB amended the Rule to include specific
requirements for how tanks equipped with vapor controls must conduct
compliance testing, performance testing, and flash testing. The new
requirements were added in subsections 95671(d) and (e).
Subsection 95668(b)(4) of the CARB Oil and Gas Methane Rule
required circulation tanks for well completion to be controlled with at
least 95% vapor collection and control efficiency unless CARB made a
determination that controlling emissions was not possible. This
provision was deficient because it insufficiently bounded CARB's
discretion and provided for an exemption for these tanks that is
inconsistent with the 2016 Oil and Gas CTG. To address this deficiency,
CARB removed this section of the Rule and clarified that circulation
tanks are now covered under requirements for separator and tank
systems. Since this section of the rule, including the exemption, has
been removed, CARB's discretion is now sufficiently bounded. These
amendments address this deficiency.
Subsections 95668(c)(3)(B) and (c)(4)(B)(3) of the CARB Oil and Gas
Methane Rule contained the term ``inspection period.'' The term was not
defined, nor was it used in the relevant part of section 95669--Leak
Detection and Repair--that specifies when to conduct equipment
inspections. It was not clear if ``inspection period'' was referencing
the section 95669(g) quarterly testing requirement or something else.
To address this deficiency, section 95668(c)(3)(B) of the Rule, which
addressed compressor rod packing and seals, has been deleted and the
inspection requirement for this equipment is now included under
subsection 95669(g), which requires leak detection testing each
calendar quarter for all components. While rod packings and seals are
not explicitly mentioned in section 95669, the definition of components
includes ``reciprocating compressor rod packing or seals for
compressors located at onshore or offshore crude or natural gas
production facilities.'' Additionally, the ``inspection period''
language in subsection 95668(c)(4)(B)(3) was replaced with ``calendar
year.'' Generally, in the places where the term ``inspection period''
was used, it has been replaced with ``calendar year.'' This quantifies
the inspection period and clarifies the requirements. These amendments
address the deficiency.
Subsection 95669(b)(7) of the CARB Oil and Gas Methane Rule
exempted one-half inch and smaller stainless steel tube fittings used
to supply natural gas to equipment or instrumentation from continuous
monitoring. When these stainless-steel tube fittings are at natural gas
processing plants or gathering and boosting stations, the 2016 Oil and
Gas CTG recommends quarterly testing for leaks, as well as semi-annual
fugitive emissions testing at well sites and gathering/boosting
stations. Thus, this exemption was inconsistent with the CTG and
identified as a deficiency in the Rule. To address this deficiency,
CARB removed this exemption.
Subsection 95669(i)(1) of the CARB Oil and Gas Methane Rule
required leaks of 1,000-9,999 ppm be repaired within 14 days, but this
timing did not meet RACT level stringency because the 2016 Oil and Gas
CTG recommends attempting repairs within 5 days of the detected
leak.\15\ To address this deficiency, subsection 95669(h)(1) now
contains additional language requiring that a first attempt at repair
be made within five calendar days for leaks between 1,000-9,999 ppm.
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\15\ 2016 Oil and Gas CTG recommends implementation of an LDAR
program equivalent to what is required under 40 CFR part 60, subpart
VVa. Subpart VVa contains the requirement for first attempt at
repair within 5 days in several sections for various types of
components: 60.482-2a Pumps in liquid service, 60.482-31
Compressors, 60.482-7a Valves in gas/vapor service and in light
liquid service, 60.482-8a Pumps, valves, and connectors in heavy
liquid service and pressure relief devices in light liquid or heavy
liquid service, and 60.482-10a Closed vent systems and control
devices.
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The 2016 Oil and Gas CTG contains a requirement to maintain a list
of identification numbers for all the equipment subject to leak
regulation.\16\ Section 95669 of the CARB Oil and Gas Methane Rule did
not contain a similar requirement, which undermined the enforceability
of CARB's rule. To address this deficiency, subsection 95669(d)(1) was
revised to require that
[[Page 36734]]
operators develop and maintain detailed facility-specific leak
detection and repair plans. Given the level of detail in these plan
requirements, and specifically the inclusion of subsection
95669(d)(1)(C) in the Rule that specifies that the plan must include a
list of equipment with an identification number or detailed description
for each piece of equipment, these amendments correct the previous
deficiency.
---------------------------------------------------------------------------
\16\ 2016 Oil and Gas CTG, 8-15.
---------------------------------------------------------------------------
Section 95669 of the CARB Oil and Gas Methane Rule did not contain
a requirement to maintain a list of equipment that is designated as
``unsafe to monitor'' consistent with the 2016 Oil and Gas CTG. This
deficiency was corrected by an added requirement in subsection
95669(d)(1)(E) that leak detection and repair plans include a list of
equipment and components that are designated as inaccessible or unsafe
to monitor.
Subsection 95671(f) of the CARB Oil and Gas Methane Rule allowed
vapor control systems (VCS) to be taken out of service for up to 30
calendar days per year while maintenance is performed. The 2016 Oil and
Gas CTG does not specify time allowed for maintenance. Moreover, this
maintenance requirement resulted in CARB having unbounded discretion to
remove control equipment from service by not having requirements
specifying the necessity of taking the system out of service and
minimizing the outage time. To address this deficiency, subsection
95671(g) (formerly subsection 95671(f)) was revised to lower the number
of non-operation days for maintenance of vapor collection systems per
year from 30 to 14. Subsection 95671(g)(1) was revised to require that
for any further extension to the number of maintenance days per year,
the owner or operator must obtain approval from CARB and, among other
requirements, provide CARB justification for the maintenance, the
number of additional days requested, and justification that the number
of additional days is necessary to perform the maintenance. These
amendments correct the previous deficiency by lowering the standard
number of days allowed for maintenance and any further extension is now
sufficiently bounded.
Section 95672 of the CARB Oil and Gas Methane Rule did not specify
what type of records needed to be kept for certain units, such as
separator and tank systems, vapor collection systems, vapor control
devices, compressors, and pneumatic devices. The section was not
sufficiently enforceable because it did not describe what type of
records need to be kept such as testing and monitoring results. To
address this deficiency, section 95672 was revised to include several
requirements specifying the types of records that must be kept. In
addition, Appendix A also now contains recordkeeping and reporting
forms that more specifically identify the types of records that must be
kept. Given the additional specificity about the types of records that
must be kept that have been added to the rule, including for the
categories mentioned in the previously identified deficiency, these
amendments correct the deficiency.
Previously, the CARB Oil and Gas Methane Rule relied on test
methods that had otherwise not been approved by the EPA, and allowed
alternative test procedures, sampling methods, or laboratory methods to
be used if written permission was obtained from CARB. This created a
deficiency because it undermined the enforceability of the rule and
allowed CARB the discretion to modify rule provisions without a SIP
revision. To address this deficiency, CARB revised Appendix C by
removing references to test methods that have not been approved by the
EPA and removing the relevant unbounded director's discretion language
related to changing test methods.
2. Deficiencies Identified in District SIP-Approved Rules
We previously identified three deficiencies related to SMAQMD Rule
446 and one deficiency related to YSAQMD Rule 2.21. The deficiencies
related to ensuring all the storage vessels required to be covered by
the 2016 Oil and Gas CTG would be subject to these rules, and, in the
case of Rule 446, ensuring the rule met RACT-level stringency. To
address this deficiency, the CARB Oil and Gas Methane Rule now includes
a specific list of local rules that allow equipment to be exempt from
the Rule's requirements, and this list does not include SMAQMD Rule 446
or YSAQMD 2.21 as exemptions to CARB's requirements for separator and
tank systems. As a result, all the storage tanks within the
jurisdiction of SMAQMD and YSAQMD that are covered by the 2016 Oil and
Gas CTG are now subject to the requirements in the CARB Oil and Gas
Methane Rule and will meet RACT-level stringency.
SCAQMD Rule 463, SCAQMD Rule 1178, SJVUAPCD Rule 4623, VCAPCD Rule
71.1, and VCAPCD Rule 71.2 were each determined to potentially not
apply to all the storage vessels at oil and gas facilities required to
be covered by the 2016 Oil and Gas CTG. The 2016 Oil and Gas CTG
recommends determining applicability for this equipment based on PTE
and each of these rules determined applicability based only on a tank's
volumetric capacity or vapor pressure. To address this deficiency,
SCAQMD Rule 463, SCAQMD Rule 1178, and SJVUAPCD Rule 4623 were revised
to establish the 6 tpy PTE threshold from the 2016 Oil and Gas CTG in
determining applicability. For VCAPCD Rule 71.1, VCAPCD provided
additional information and calculations to address the deficiency.\17\
VCAPCD performed calculations for each of the three vapor recovery
exemptions in the rule and showed that all tanks currently using those
exemptions are below the 6 tpy PTE threshold. The memo also
demonstrates that no future tanks that exceed the 6 tpy PTE threshold
will be exempt because either those exemptions are not available to
future tanks or the size of tank that would be necessary to exceed the
threshold is not a realistic tank size. Finally, the amended CARB Oil
and Gas Methane Rule does not rely on VCAPCD 71.2 to meet RACT-level
stringency and no revisions to this Rule were needed to address this
deficiency.
---------------------------------------------------------------------------
\17\ Appendix A, VCAPCD Rule 71.1 Vapor Recovery Exemption
Analysis'' in VCAPCD's Staff Report for Rule 71.1.
---------------------------------------------------------------------------
VCAPCD Rule 71.1 was determined to not be sufficiently enforceable
because it did not include initial or continuous compliance
demonstration requirements. VCAPCD corrected this deficiency by adding
such requirements that are consistent with the 2016 Oil and Gas CTG.
We previously determined that SJVUAPCD Rule 4401 did not meet RACT-
level stringency because it required annual leak inspections with a
threshold of 1,000 ppm, using Method 21, at a lower frequency and
threshold than the 2016 Oil and Gas CTG (which recommends semiannual
inspection frequency with threshold of 500 ppm). To address this
deficiency, SJVUAPCD amended Rule 4401 to lower the minimum leak
threshold and increase inspection frequency. SJVUAPCD lowered the
minimum leak rate threshold for a minor leak from 2,000 ppm to 500 ppm
for all components, except for pressure relief devices, which already
had a lower threshold of 400 ppm. These revisions are consistent with
the 2016 Oil and Gas CTG. The inspection frequency was also changed
from annual to quarterly, which exceeds the 2016 Oil and Gas CTG's
recommendation of semiannual inspections and aligns with the inspection
frequency in SJVUAPCD Rule 4409 and the CARB Oil and Gas Methane Rule.
These amendments correct the previously identified deficiency.
[[Page 36735]]
3. Deficiency Identified in CARB Oil and Gas Methane Rule and SJVUAPCD
Rule 4409
The CARB Oil and Gas Methane Rule and SJVUAPCD Rule 4409 provide
exemptions from leak detection and repair (LDAR) requirements based on
the API gravity of crude oil at well sites. We previously determined
that these exemptions had not been demonstrated to meet RACT because
the 2016 Oil and Gas CTG does not provide for such an exemption based
on API gravity. However, as described herein and in greater detail in
our TSD for the CARB Oil and Gas Methane Rule, we have determined that
the CARB Oil and Gas Methane Rule ensures RACT-level stringency for
LDAR requirements at well sites. The 2016 Oil and Gas CTG limits its
RACT recommendation for semiannual LDAR monitoring to well sites with
crude oil that has a gas to oil ratio (GOR) greater than or equal to
300.\18\ This was based on the EPA's conclusion that monitoring for
well sites producing heavy oils would not be sufficiently cost
effective, as leaks associated with heavy oil production will generally
emit less VOC. In developing the 2016 Oil and Gas CTG, the EPA defined
a heavy oil well as a well that produces crude oil with a GOR of 300
standard cubic feet (scf)/barrel (bbl) or less.\19\ However, GOR is not
the only metric that can be used to classify whether crude oil is heavy
oil. Upon review of available information, we can conclude that an API
gravity equal to or greater than 20 degrees, as used in the CARB Oil
and Gas Rule to exempt well sites from LDAR requirements, is consistent
with the 2016 Oil and Gas CTG recommendation to only exclude heavy oils
from such requirements.\20\ However, SJVUAPCD Rule 4409 is intended to
apply to ``light'' crude oil production and uses an API gravity equal
to or greater than 30 degrees to make this determination. As a result,
we do not agree that Rule 4409 alone ensures only heavy crude oils are
exempt from LDAR requirements for sources regulated by SJVUAPCD. But
well sites producing crude oil with an API gravity between 20 degrees
and 30 degrees will still be required to meet RACT-level stringency
because such sources will be subject to LDAR requirements under the
CARB Oil and Gas Methane Rule. Sources can only be exempted from the
requirements in the CARB Oil and Gas Methan Rule if they are ``subject
to'' the specified local air district rules. Sources regulated by
SJVUAPCD that are exempt from Rule 4409 are not ``subject to'' such
rules, and thus do not qualify to be exempted from the CARB Oil and Gas
Methane Rule. Thus, this deficiency has been addressed because we were
able to determine that all sources regulated by the SJVUAPCD covered by
the 2016 Oil and Gas CTG are required to meet RACT-level requirements
by either the CARB Oil and Gas Methane Rule or SJVUAPCD Rule 4409.
---------------------------------------------------------------------------
\18\ 2016 Oil and Gas CTG, 9-39.
\19\ EPA, ``Information Collection Request Supporting Statement,
Information Collection Effort for Oil and Gas Facilities,'' EPA ICR
No. 2548.01, November 9, 2016, <a href="https://www.epa.gov/sites/default/files/2016-11/documents/oil-natural-gas-icr-supporting-statement-epa-icr-2548-01.pdf">https://www.epa.gov/sites/default/files/2016-11/documents/oil-natural-gas-icr-supporting-statement-epa-icr-2548-01.pdf</a>.
\20\ As further explained in our TSD for the CARB Oil and Gas
Methane Rule, both API gravity and GOR are metrics that reflect the
volatility of crude, with greater VOC emissions coming from crude
with higher values--both of API gravity and of GOR.
---------------------------------------------------------------------------
4. Overall Stringency and Enforceability of the Submitted Rules
In our 2022 action, we reviewed the CARB Oil and Gas Methane Rule
and applicable local air district rules that regulated the sources
covered by the 2016 Oil and Gas CTG and determined that these rules
together established RACT level controls, except for certain
deficiencies.\21\ As described above, the submitted rules that
contained deficiencies that precluded approval of the RACT
demonstration were either amended to address the deficiencies, or were
removed from the list of local air district rules that allow exemptions
from the requirements of the CARB Oil and Gas Methane Rule.
---------------------------------------------------------------------------
\21\ See ``Technical Support Document for EPA's Rulemaking for
the California State Implementation Plan California Air Resources
Board (CARB) Regulation for Greenhouse Gas Emissions Standards for
Crude Oil and Natural Gas Facilities California Code of Regulations,
Title 17, Division 3, Chapter 1, Subchapter 10 Climate Change,
Article 4 Subarticle 13: Greenhouse Gas Emission Standards for Crude
Oil and Natural Gas Facilities'' p. 8 (stating that ``we have
reviewed the local air district rules and conclude that the
provisions in those rules that relate to the Oil and Gas CTG
generally establish RACT level controls'' with the exception of
specifically enumerated deficiencies).
---------------------------------------------------------------------------
The CARB Oil and Gas Methane Rule and the local air district rules
listed in table 1 strengthen the SIP by establishing enforceable
emission limits and by clarifying monitoring, recordkeeping, and
reporting provisions. Except for one issue described below, these rules
are consistent with CAA requirements and relevant guidance regarding
enforceability, RACT, and SIP revisions. The TSDs for each of the rules
we are proposing to approve into the California SIP in this rulemaking
also include more information regarding the basis for our proposed
approval.
C. Were there any newly identified deficiencies with the April 2, 2024,
submitted CARB Oil and Gas Methane Rule?
The CARB Oil and Gas Methane Rule exempts sources from compliance
with portions of the Rule if those sources comply with certain existing
California air district rules. One such rule is SCAQMD Rule 1148.1--Oil
and Gas Production Wells (Amended March 5, 2004). SCAQMD Rule 1148.1
lacks reporting requirements comparable to the reporting requirements
included in the CARB Oil and Gas Methane Rule and applicable local air
district rules. SCAQMD Rule 1148.1 otherwise contains comparable
inspection requirements, recordkeeping and records retention
requirements, and appropriate test methods to determine compliance, but
it does not contain reporting requirements equivalent to similar CARB
and local air district rules. For example, by comparison, section 95673
of the CARB Oil and Gas Methane Rule requires annual reports of LDAR
inspections, and SJVUAPCD Rule 4401 contains annual reporting
requirements for Operator Managment Plans.
In a letter included in their submittal on April 2, 2024, CARB has
committed to submit an amended version of South Coast Rule 1148.1 that
will address this deficiency. Consistent with the requirements of CAA
section 110(k)(4), CARB has committed to submit the adopted rule to EPA
within 12 months of the effective date of EPA's final rulemaking
conditionally approving the RACT requirement for the 2008 and 2015
ozone NAAQS for sources covered by the 2016 Oil and Gas CTG and
regulated by SCAQMD.
D. The EPA's Recommendations to Further Improve the Rules
The TSDs include recommendations for the next time CARB and
SJVUAPCD modify their rules.
E. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA is proposing
to approve the SIP submissions amending: the CARB Oil and Gas Methane
Rule, SJVUAPCD Rule 4401, SJVUAPCD Rule 4409, SJVUAPCD Rule 4623,
VCAPCD Rule 71.1, SCAQMD Rule 463, and SCAQMD Rule 1178. Based on our
proposed conclusion that the amended rules cure the previously
identified deficiencies, and our prior analysis concluding that these
rules met the RACT requirement but for the identified deficiencies, we
are also proposing to fully approve the CTG RACT
[[Page 36736]]
requirement for the 2008 and 2015 ozone NAAQS for sources covered by
the 2016 Oil and Gas CTG in SMAQMD, SJVUAPCD, VCAPCD, and YSAQMD
because the rules fulfill all relevant requirements.
In addition, we propose to find that the CARB Oil and Gas Methane
Rule, in combination with the specified local air district rules in the
SCAQMD largely fulfills the relevant CAA section 110 and part D
requirements, except for the newly identified deficiency in SCAQMD Rule
1148.1. As discussed in section II.C, this deficiency precludes full
approval of the RACT requirement for the 2008 and 2015 ozone NAAQS for
sources covered by the 2016 Oil and Gas CTG and regulated by SCAQMD.
Section 110(k)(4) authorizes the EPA to conditionally approve SIP
revisions based on a commitment by the state to adopt specific
enforceable measures by a date certain but not later than one year
after the date of the plan approval.\22\ Because CARB has committed to
provide the EPA with a SIP submission within 12 months of this final
action that would adequately address the identified deficiency, we are
proposing to conditionally approve the CTG RACT requirement for the
2008 and 2015 ozone NAAQS for sources covered by the 2016 Oil and Gas
CTG in SCAQMD, pursuant to section 110(k)(4) of the Act.
---------------------------------------------------------------------------
\22\ 42 U.S.C. 7410(k)(4).
---------------------------------------------------------------------------
If CARB and SCAQMD submit the required rule revisions by the
specified deadline, and the EPA approves the submission, then the
identified deficiency will be cured. However, if this proposed
conditional approval is finalized, and SCAQMD, through CARB, fails to
submit these revisions within the required timeframe, the conditional
approval would be treated as a disapproval for the RACT requirement for
sources covered by the 2016 Oil and Gas CTG in SCAQMD.
If we finalize this rulemaking as proposed, CARB and the applicable
local air districts will have corrected the deficiencies identified in
our September 30, 2022 action, and all sanction and Federal
implementation plan clocks started by our September 30, 2022 action
would be permanently stopped. We are concurrently making an interim
final determination to defer CAA section 179 sanctions associated with
our 2022 action finalizing a limited approval and limited disapproval
of the 2018 submittal of the CARB Oil and Gas Methane Rule and a
disapproval of the associated CTG RACT requirements. Consistent with
our order of sanction regulations,\23\ this determination is based on
this proposal to approve and conditionally approve SIP revisions from
CARB that resolve the deficiencies that were the basis of our prior
disapproval that triggered sanctions under section 179 of the CAA. The
deficiency associated with our proposed conditional approval in this
action is for a newly identified deficiency in SCAQMD Rule 1148.1, as
discussed in section C, and is distinct from the deficiencies that
formed the basis of our 2022 disapproval that triggered sanctions under
sanction 179 of the CAA.
---------------------------------------------------------------------------
\23\ 40 CFR 52.31.
---------------------------------------------------------------------------
We will accept comments from the public on this proposal until June
3, 2024. If we take final action to approve the submitted rules, our
final action will incorporate these rules into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the CARB Oil and Gas Methane Rule, SJVUAPCD Rule 4409,
SJVUAPCD Rule 4401, SJVUAPCD Rule 4623, SCAQMD Rule 1178, SCAQMD Rule
463, and VCAPCD Rule 71.1 described in section I.C. of this preamble.
The EPA has made, and will continue to make, these materials available
through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
IV. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it proposes to approve a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rules do not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
[[Page 36737]]
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
Executive Order 12898 of achieving environmental justice for people of
color, low-income populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: April 24, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-09306 Filed 5-2-24; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.