Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Regulation No. 7, Section XII, Volatile Organic Compounds From Oil and Gas Operations, 8194-8197 [E8-2512]
Download as PDF
8194
Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations
Materials referred to in this
document are available for inspection or
copying at Commander (dpw), Eleventh
Coast Guard District, Building 50–2,
Coast Guard Island, Alameda, CA
94501–5100, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is (510)
437–3516. The Eleventh Coast Guard
District maintains the public docket for
this temporary deviation.
ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
AGENCY:
ADDRESSES:
David H. Sulouff, Chief, Bridge Section,
Eleventh Coast Guard District,
telephone (510) 437–3516.
The
California Department of Transportation
requested a temporary change to the
operation of the Tower Drawbridge,
mile 59.0, over the Sacramento River, at
Sacramento, CA. The Tower Drawbridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw opens on signal as
required by 33 CFR 117.5. Navigation on
the waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position 1:45 p.m.
through 2:45 p.m. on February 19, 2008
to allow participants in the Tour of
California Bicycle Race to cross the
bridge during the event. This temporary
deviation has been coordinated with
waterway users. There are no scheduled
river boat cruises or anticipated levee
maintenance during this deviation
period. No objections to the temporary
deviation were raised.
Vessels that can transit the bridge,
while in the closed-to-navigation
position, may continue to do so at any
time.
In the event of an emergency the
drawspan can be opened with 30
minutes advance notice.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
pwalker on PROD1PC71 with RULES
Dated: January 29, 2008.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. E8–2689 Filed 2–12–08; 8:45 am]
BILLING CODE 4910–15–P
VerDate Aug<31>2005
16:56 Feb 12, 2008
Jkt 214001
40 CFR Part 52
[EPA–R08–OAR–2007–1002; FRL–8521–5]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Colorado; Regulation No. 7, Section
XII, Volatile Organic Compounds From
Oil and Gas Operations
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve a State
Implementation Plan (SIP) revision
submitted by the State of Colorado. On
August 3, 2007, the Governor’s designee
submitted revisions to Colorado’s
Regulation No. 7, ‘‘Emissions of Volatile
Organic Compounds,’’ Section XII,
‘‘Volatile Organic Compounds (VOC)
From Oil and Gas Operations.’’ EPA is
approving the revisions to Regulation
No. 7, Section XII. This action is being
taken under Section 110 of the Clean
Air Act.
DATES: This direct final rule is effective
on April 14, 2008 without further
notice, unless EPA receives adverse
comment by March 14, 2008. If adverse
comment is received, EPA will publish
a timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket Number EPA–R08–
OAR–2007–1002, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: videtich.callie@epa.gov and
fiedler.kerri@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie A. Videtich, Director,
Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
• Hand Delivery: Callie A. Videtich,
Director, Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129. Such deliveries are only
accepted Monday through Friday, 8 a.m.
to 4:30 p.m., excluding Federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2007–
1002. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Program,
Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. EPA
requests that if at all possible, you
contact the individual listed in the FOR
E:\FR\FM\13FER1.SGM
13FER1
Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations
section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8 a.m. to
4 p.m., excluding Federal holidays.
FURTHER INFORMATION CONTACT
FOR FURTHER INFORMATION CONTACT:
Kerri Fiedler, Air and Radiation
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode
8P–AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, phone (303) 312–
6493, and e-mail at:
fiedler.kerri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What is the purpose of this action?
III. What is the State’s process to submit
these materials to EPA?
IV. EPA’s Evaluation of the Regulation No. 7,
Section XII, Revisions
V. Consideration of Section 110(l) of the CAA
VI. Final Action
VII. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials NAAQS mean
National Ambient Air Quality Standard.
(iv) The initials SIP mean or refer to
State Implementation Plan.
(v) The word State means the State of
Colorado, unless the context indicates
otherwise.
I. General Information
pwalker on PROD1PC71 with RULES
A. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
VerDate Aug<31>2005
16:56 Feb 12, 2008
Jkt 214001
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
I. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
II. Follow directions—The agency
may ask you to respond to specific
questions or organize comments by
referencing a Code of Federal
Regulations (CFR) part or section
number.
III. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
IV. Describe any assumptions and
provide any technical information and/
or data that you used.
V. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
VI. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
VII. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
VIII. Make sure to submit your
comments by the comment period
deadline identified.
II. What is the purpose of this action?
In this action, we are approving
revisions to Regulation No. 7, Section
XII, for the control of VOC emissions
from oil and gas operations. James B.
Martin, the Executive Director of the
Colorado Department of Public Health
and Environment, submitted these
revisions to us on August 3, 2007.
We previously approved Regulation
No. 7, Section XII, on August 19, 2005
(see 70 FR 48652) as part of Denver’s
Early Action Compact (EAC) SIP for the
8-hour ozone standard. The purpose of
the EAC SIP is to prevent exceedances
of the 8-hour ozone standard in the
Denver EAC area.1 Due to unanticipated
growth of condensate tank emissions in
the oil and gas sector, the State
determined that the version of
Regulation No. 7, Section XII, that we
approved in 2005 needed to be revised.
1 In April 2004, EPA designated the Denver area
(Adams, Arapahoe, Boulder, Broomfield, Denver,
Douglas, Jefferson, and parts of Larimer and Weld
counties) as non-attainment for the 8-hour ozone
standard, but deferred the effective date of the
designation based on a commitment from the State
of Colorado, the Regional Air Quality Council and
others to implement ozone control measures sooner
than required by the Clean Air Act. This
commitment was contained in the Denver Early
Action Compact (EAC). The non-attainment
designation for the area became effective November
20, 2007, as a result of a violation for 2005–2007,
which triggers requirements for future revisions to
the attainment demonstration SIP for the Denver
EAC area.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
8195
The version of Regulation No. 7, Section
XII, submitted August 3, 2007 requires
a greater level of control of condensate
tank emissions in the 8-hour ozone nonattainment area.
III. What is the State’s process to
submit these materials to EPA?
Section 110(k) of the CAA addresses
our actions on submissions of SIP
revisions. The CAA requires States to
observe certain procedural requirements
in developing SIP revisions. Section
110(a)(2) of the CAA requires that each
SIP revision be adopted by a State after
reasonable notice and public hearing.
This must occur before a State submits
the revision to us.
The Colorado Air Quality Control
Commission (AQCC) held public
hearings for the revisions to Regulation
No. 7, Section XII, on November 17,
2006, November 18, 2006, and
December 17, 2006. The AQCC adopted
the revisions on January 5, 2007. The
revisions became State effective on
March 4, 2007.
We have evaluated the revisions to
Regulation No. 7, Section XII, and have
determined that the State met the
requirements for reasonable notice and
public hearing under section 110(a)(2)
of the CAA.
IV. EPA’s Evaluation of the Regulation
No. 7, Section XII, Revisions
Colorado’s Regulation No. 7, Section
XII, ‘‘Volatile Organic Compound
Emissions From Oil And Gas
Operations,’’ imposes emission control
requirements on oil and gas condensate
tanks located in the Denver EAC area,
with the majority of affected facilities
being located in southern Weld County.
Among other things, Regulation No. 7,
Section XII, includes definitions;
required emission reductions for the
high ozone season and rest of the year;
numerous recordkeeping requirements
for a spreadsheet to determine weekly
and other periodic compliance;
emission factors used to demonstrate
compliance; reporting requirements for
certain equipment if a construction or
Title V permit is issued by the State; a
methodology for approval of alternative
emissions control equipment;
requirements for gas-processing plants;
requirements for controlling emissions
from dehydration units; and a
methodology for approval to develop
testing methods and revised emission
factors.
The condensate tank requirements,
along with other requirements
applicable to oil and gas operations and
natural gas fired reciprocating internal
combustion engines, were initially
promulgated in March 2004, and later
E:\FR\FM\13FER1.SGM
13FER1
pwalker on PROD1PC71 with RULES
8196
Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations
revised in December 2004. Colorado
submitted these requirements to us as a
SIP revision, which we approved on
August 19, 2005 (see 70 FR 48652).
Colorado designed the emission limits
in the 2004 revision of Regulation No.
7, Section XII, to achieve total
condensate tank VOC emissions in the
Denver EAC area during the summer
ozone season of no more than 91.3 tons
per day (tpd) as of May 1, 2007, and
100.9 tpd as of May 1, 2012. These daily
values were relied on to demonstrate
attainment of the 8-hour ozone standard
in the modeling analysis, as part of the
EAC SIP. However, because of
unanticipated growth of condensate
tank emissions, the State later
determined that the emission limits in
the 2004 version of Regulation No. 7
would be insufficient to meet these
daily emission numbers. The 2007
revisions require a greater level of
control of condensate tank emissions
within the 8-hour ozone non-attainment
area boundary. The State’s goal remains
to achieve the same daily emission
targets for condensate tank VOC
emissions.
We note that the VOC emission
reductions that are required by
Regulation No. 7, Section XII, are
achieved not by specific requirements
on each condensate tank, but instead by
overall or system-wide emission
reductions for each affected company’s
operations. As stated in Regulation No.
7, Section XII, the requirement to
control emissions applies to owners or
operators of condensate tanks with a
cumulative total of 30 tons per year or
more of VOC emissions. In practice,
industry has controlled the condensate
tank VOC emissions with flares or vapor
recovery units, and Regulation No. 7,
Section XII, requires these types of
emission control devices to achieve
95% control efficiency.
Revised Regulation No. 7, Section XII,
raises the system-wide control
requirements for the ozone season from
the 47.5% VOC reduction requirement
that applied from May 1, 2006, through
September 30, 2006, to 75% from May
1 through September 30 of each year
from 2007 through 2011. For the period
from May 1 through September 30 of
each year, beginning with 2012, VOC
emissions from condensate tanks must
be reduced by 78% from uncontrolled
actual emissions. Determination of
compliance during the ozone season
will be on a weekly basis. For the nonozone season, the State revised the
required reduction of condensate tank
VOC emissions from 38% to 60% in
2007, and beginning in 2008, and each
year thereafter, VOC emissions between
October 1 and April 30 must be reduced
VerDate Aug<31>2005
16:56 Feb 12, 2008
Jkt 214001
by 70% from uncontrolled actual
emissions. Emission reductions during
the non-ozone season must be
calculated as an average of the emission
reductions achieved during this sevenmonth period.
In addition to the changes to the
system-wide reduction requirements,
the State adopted significant changes to
the monitoring, recordkeeping, and
reporting requirements. Owners or
operators of any condensate storage tank
that is being controlled under
Regulation No. 7, Section XII, must
inspect or monitor the control
equipment at least weekly. Types of
equipment include combustion devices,
vapor recovery units, valves, and thief
hatches. As noted above, the recordkeeping provisions require owners or
operators to maintain a spreadsheet to
track emission reductions on a weekly
basis during the ozone season (May 1
through September 30). In addition to
the spreadsheet, owners or operators are
required to maintain records of
monitoring and inspection activities.
The reporting provisions require owners
or operators to submit an annual report
by April 30 of each year, and also a
semi-annual report by November 30 of
each year, detailing emission reductions
during the preceding year and ozone
season, respectively. Finally, provisions
have been added to require owners or
operators subject to the condensate
storage tank reduction requirements to
submit a list of all their controlled tanks
on April 30 of each year; to notify the
State monthly during the ozone season
of any change to the list of controlled
tanks; and to notify the State monthly of
any instance where the air pollution
control equipment was not properly
functioning and the steps taken to
correct the problem. We have reviewed
and are approving the revisions to
Regulation No. 7, Section XII, ‘‘Volatile
Organic Compounds From Oil and Gas
Operations’’ because they require
greater reductions in emissions and
meet the requirements of section 110 of
the CAA.
V. Consideration of Section 110(l) of the
CAA
Section 110(l) of the CAA states that
a SIP revision cannot be approved if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress towards attainment of a
NAAQS, or any other applicable
requirement of the CAA. The revisions
to Regulation No. 7, Section XII, will not
interfere with attainment, reasonable
further progress, or any other applicable
requirement of the CAA.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
VI. Final Action
In this action, EPA is approving the
revisions to Regulation No. 7, Section
XII, that were submitted on August 3,
2007. The version of Section XII we are
approving supersedes and replaces the
prior version we approved at 70 FR
48652 (August 19, 2005). EPA is
publishing this rule without prior
proposal because the Agency views this
as a non-controversial amendment and
anticipates no adverse comments.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision if
adverse comments are filed. This rule
will be effective April 14, 2008 without
further notice unless the Agency
receives adverse comments by March
14, 2008. If the EPA receives adverse
comments, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. EPA will address all
public comments in a subsequent final
rule based on the proposed rule. The
EPA will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. 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.
VII. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’
and, therefore, is not subject to review
by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
E:\FR\FM\13FER1.SGM
13FER1
pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
VerDate Aug<31>2005
16:56 Feb 12, 2008
Jkt 214001
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 April 14, 2008.
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 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 15, 2008.
Robert E. Roberts,
Regional Administrator, Region VIII.
40 CFR part 52 is amended to read as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.320 is amended by
adding paragraph (c)(112) to read as
follows:
I
§ 52.320
Identification of plan.
*
*
*
*
*
(c) * * *
(112) On August 3, 2007, the
Governor of Colorado submitted
revisions to the Colorado’s Regulation
No. 7 ‘‘Emissions of Volatile Organic
Compounds’’ that made several changes
and additions to Section XII, ‘‘Volatile
Organic Compound Emissions From Oil
and Gas Operations.’’
(i) Incorporation by reference.
(A) Regulation No. 7 ‘‘Emissions of
Volatile Organic Compounds,’’ 5 CCR
1001–9, Section XII, ‘‘Volatile Organic
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
8197
Compound Emissions From Oil and Gas
Operations,’’ effective on March 4, 2007.
[FR Doc. E8–2512 Filed 2–12–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2006–0976; FRL–8526–8]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Oxides of Nitrogen Budget Trading
Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is granting final approval
to Ohio’s request for the retirement and
withdrawal of 240 oxides of nitrogen
(NOX) allowances from the State’s 2005
new source set aside. Retiring 240 new
source set aside allowances will provide
surplus emission reductions to help
compensate for the discontinuation of
Ohio’s motor vehicle inspection and
maintenance program (known as ‘‘ECheck’’) in the Cincinnati and Dayton
areas for the year 2006. (Ohio is in the
process of seeking approval of the
removal of E-Check as an active program
from the State Implementation Plan
(SIP), which will be addressed in a
separate action.) EPA received adverse
comments and one positive comment on
our proposed rulemaking on the
allowance retirement. These comments
are addressed in this notice. As a result
of this action, 240 NOX allowances from
the State’s 2005 new source set aside
will be withheld and permanently
retired.
DATES: This final rule is effective on
March 14, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2006–0976. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
E:\FR\FM\13FER1.SGM
13FER1
Agencies
[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Rules and Regulations]
[Pages 8194-8197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2512]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-1002; FRL-8521-5]
Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Regulation No. 7, Section XII, Volatile Organic
Compounds From Oil and Gas Operations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the State of Colorado.
On August 3, 2007, the Governor's designee submitted revisions to
Colorado's Regulation No. 7, ``Emissions of Volatile Organic
Compounds,'' Section XII, ``Volatile Organic Compounds (VOC) From Oil
and Gas Operations.'' EPA is approving the revisions to Regulation No.
7, Section XII. This action is being taken under Section 110 of the
Clean Air Act.
DATES: This direct final rule is effective on April 14, 2008 without
further notice, unless EPA receives adverse comment by March 14, 2008.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket Number EPA-R08-
OAR-2007-1002, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: videtich.callie@epa.gov and fiedler.kerri@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie A. Videtich, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Callie A. Videtich, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such
deliveries are only accepted Monday through Friday, 8 a.m. to 4:30
p.m., excluding Federal holidays. Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2007-1002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available at http:/
/www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA, without going through https://
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at https://www.epa.gov/epahome/
dockets.htm. For additional instructions on submitting comments, go to
Section I. General Information of the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR
[[Page 8195]]
FURTHER INFORMATION CONTACT section to view the hard copy of the
docket. You may view the hard copy of the docket Monday through Friday,
8 a.m. to 4 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone (303) 312-
6493, and e-mail at: fiedler.kerri@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What is the purpose of this action?
III. What is the State's process to submit these materials to EPA?
IV. EPA's Evaluation of the Regulation No. 7, Section XII, Revisions
V. Consideration of Section 110(l) of the CAA
VI. Final Action
VII. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials NAAQS mean National Ambient Air Quality
Standard.
(iv) The initials SIP mean or refer to State Implementation Plan.
(v) The word State means the State of Colorado, unless the context
indicates otherwise.
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
I. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
II. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
III. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
IV. Describe any assumptions and provide any technical information
and/or data that you used.
V. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
VI. Provide specific examples to illustrate your concerns, and
suggest alternatives.
VII. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
VIII. Make sure to submit your comments by the comment period
deadline identified.
II. What is the purpose of this action?
In this action, we are approving revisions to Regulation No. 7,
Section XII, for the control of VOC emissions from oil and gas
operations. James B. Martin, the Executive Director of the Colorado
Department of Public Health and Environment, submitted these revisions
to us on August 3, 2007.
We previously approved Regulation No. 7, Section XII, on August 19,
2005 (see 70 FR 48652) as part of Denver's Early Action Compact (EAC)
SIP for the 8-hour ozone standard. The purpose of the EAC SIP is to
prevent exceedances of the 8-hour ozone standard in the Denver EAC
area.\1\ Due to unanticipated growth of condensate tank emissions in
the oil and gas sector, the State determined that the version of
Regulation No. 7, Section XII, that we approved in 2005 needed to be
revised. The version of Regulation No. 7, Section XII, submitted August
3, 2007 requires a greater level of control of condensate tank
emissions in the 8-hour ozone non-attainment area.
---------------------------------------------------------------------------
\1\ In April 2004, EPA designated the Denver area (Adams,
Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and parts
of Larimer and Weld counties) as non-attainment for the 8-hour ozone
standard, but deferred the effective date of the designation based
on a commitment from the State of Colorado, the Regional Air Quality
Council and others to implement ozone control measures sooner than
required by the Clean Air Act. This commitment was contained in the
Denver Early Action Compact (EAC). The non-attainment designation
for the area became effective November 20, 2007, as a result of a
violation for 2005-2007, which triggers requirements for future
revisions to the attainment demonstration SIP for the Denver EAC
area.
---------------------------------------------------------------------------
III. What is the State's process to submit these materials to EPA?
Section 110(k) of the CAA addresses our actions on submissions of
SIP revisions. The CAA requires States to observe certain procedural
requirements in developing SIP revisions. Section 110(a)(2) of the CAA
requires that each SIP revision be adopted by a State after reasonable
notice and public hearing. This must occur before a State submits the
revision to us.
The Colorado Air Quality Control Commission (AQCC) held public
hearings for the revisions to Regulation No. 7, Section XII, on
November 17, 2006, November 18, 2006, and December 17, 2006. The AQCC
adopted the revisions on January 5, 2007. The revisions became State
effective on March 4, 2007.
We have evaluated the revisions to Regulation No. 7, Section XII,
and have determined that the State met the requirements for reasonable
notice and public hearing under section 110(a)(2) of the CAA.
IV. EPA's Evaluation of the Regulation No. 7, Section XII, Revisions
Colorado's Regulation No. 7, Section XII, ``Volatile Organic
Compound Emissions From Oil And Gas Operations,'' imposes emission
control requirements on oil and gas condensate tanks located in the
Denver EAC area, with the majority of affected facilities being located
in southern Weld County. Among other things, Regulation No. 7, Section
XII, includes definitions; required emission reductions for the high
ozone season and rest of the year; numerous recordkeeping requirements
for a spreadsheet to determine weekly and other periodic compliance;
emission factors used to demonstrate compliance; reporting requirements
for certain equipment if a construction or Title V permit is issued by
the State; a methodology for approval of alternative emissions control
equipment; requirements for gas-processing plants; requirements for
controlling emissions from dehydration units; and a methodology for
approval to develop testing methods and revised emission factors.
The condensate tank requirements, along with other requirements
applicable to oil and gas operations and natural gas fired
reciprocating internal combustion engines, were initially promulgated
in March 2004, and later
[[Page 8196]]
revised in December 2004. Colorado submitted these requirements to us
as a SIP revision, which we approved on August 19, 2005 (see 70 FR
48652). Colorado designed the emission limits in the 2004 revision of
Regulation No. 7, Section XII, to achieve total condensate tank VOC
emissions in the Denver EAC area during the summer ozone season of no
more than 91.3 tons per day (tpd) as of May 1, 2007, and 100.9 tpd as
of May 1, 2012. These daily values were relied on to demonstrate
attainment of the 8-hour ozone standard in the modeling analysis, as
part of the EAC SIP. However, because of unanticipated growth of
condensate tank emissions, the State later determined that the emission
limits in the 2004 version of Regulation No. 7 would be insufficient to
meet these daily emission numbers. The 2007 revisions require a greater
level of control of condensate tank emissions within the 8-hour ozone
non-attainment area boundary. The State's goal remains to achieve the
same daily emission targets for condensate tank VOC emissions.
We note that the VOC emission reductions that are required by
Regulation No. 7, Section XII, are achieved not by specific
requirements on each condensate tank, but instead by overall or system-
wide emission reductions for each affected company's operations. As
stated in Regulation No. 7, Section XII, the requirement to control
emissions applies to owners or operators of condensate tanks with a
cumulative total of 30 tons per year or more of VOC emissions. In
practice, industry has controlled the condensate tank VOC emissions
with flares or vapor recovery units, and Regulation No. 7, Section XII,
requires these types of emission control devices to achieve 95% control
efficiency.
Revised Regulation No. 7, Section XII, raises the system-wide
control requirements for the ozone season from the 47.5% VOC reduction
requirement that applied from May 1, 2006, through September 30, 2006,
to 75% from May 1 through September 30 of each year from 2007 through
2011. For the period from May 1 through September 30 of each year,
beginning with 2012, VOC emissions from condensate tanks must be
reduced by 78% from uncontrolled actual emissions. Determination of
compliance during the ozone season will be on a weekly basis. For the
non-ozone season, the State revised the required reduction of
condensate tank VOC emissions from 38% to 60% in 2007, and beginning in
2008, and each year thereafter, VOC emissions between October 1 and
April 30 must be reduced by 70% from uncontrolled actual emissions.
Emission reductions during the non-ozone season must be calculated as
an average of the emission reductions achieved during this seven-month
period.
In addition to the changes to the system-wide reduction
requirements, the State adopted significant changes to the monitoring,
recordkeeping, and reporting requirements. Owners or operators of any
condensate storage tank that is being controlled under Regulation No.
7, Section XII, must inspect or monitor the control equipment at least
weekly. Types of equipment include combustion devices, vapor recovery
units, valves, and thief hatches. As noted above, the record-keeping
provisions require owners or operators to maintain a spreadsheet to
track emission reductions on a weekly basis during the ozone season
(May 1 through September 30). In addition to the spreadsheet, owners or
operators are required to maintain records of monitoring and inspection
activities. The reporting provisions require owners or operators to
submit an annual report by April 30 of each year, and also a semi-
annual report by November 30 of each year, detailing emission
reductions during the preceding year and ozone season, respectively.
Finally, provisions have been added to require owners or operators
subject to the condensate storage tank reduction requirements to submit
a list of all their controlled tanks on April 30 of each year; to
notify the State monthly during the ozone season of any change to the
list of controlled tanks; and to notify the State monthly of any
instance where the air pollution control equipment was not properly
functioning and the steps taken to correct the problem. We have
reviewed and are approving the revisions to Regulation No. 7, Section
XII, ``Volatile Organic Compounds From Oil and Gas Operations'' because
they require greater reductions in emissions and meet the requirements
of section 110 of the CAA.
V. Consideration of Section 110(l) of the CAA
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS, or any other applicable requirement of
the CAA. The revisions to Regulation No. 7, Section XII, will not
interfere with attainment, reasonable further progress, or any other
applicable requirement of the CAA.
VI. Final Action
In this action, EPA is approving the revisions to Regulation No. 7,
Section XII, that were submitted on August 3, 2007. The version of
Section XII we are approving supersedes and replaces the prior version
we approved at 70 FR 48652 (August 19, 2005). EPA is publishing this
rule without prior proposal because the Agency views this as a non-
controversial amendment and anticipates no adverse comments. However,
in the ``Proposed Rules'' section of today's Federal Register
publication, EPA is publishing a separate document that will serve as
the proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective April 14, 2008 without further notice
unless the Agency receives adverse comments by March 14, 2008. If the
EPA receives adverse comments, EPA will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. The EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. 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.
VII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small
[[Page 8197]]
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 April 14, 2008. 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 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 15, 2008.
Robert E. Roberts,
Regional Administrator, Region VIII.
0
40 CFR part 52 is amended to read as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. Section 52.320 is amended by adding paragraph (c)(112) to read as
follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(112) On August 3, 2007, the Governor of Colorado submitted
revisions to the Colorado's Regulation No. 7 ``Emissions of Volatile
Organic Compounds'' that made several changes and additions to Section
XII, ``Volatile Organic Compound Emissions From Oil and Gas
Operations.''
(i) Incorporation by reference.
(A) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section XII, ``Volatile Organic Compound Emissions From Oil
and Gas Operations,'' effective on March 4, 2007.
[FR Doc. E8-2512 Filed 2-12-08; 8:45 am]
BILLING CODE 6560-50-P