 10 CSR 10-5.500 Control of Emissions From Volatile Organic Liquid Storage

 Applicability.

 This rule applies throughout the City of St. Louis and St. Charles, St. Louis, Jefferson, and Franklin Counties.

 This rule applies to all storage vessels with a capacity greater than or equal to forty thousand (40,000) gallons that are used to store volatile organic liquid (VOL) with the following exceptions:

       Except as specified in subsections (4)(E) and (4)(H) of this rule, storage vessels  with a capacity greater than or equal to forty thousand (40,000) gallons storing a liquid with a maximum true vapor pressure less than one-half (0.5) psia are exempt from the provisions of this rule; and

       Except as specified in subsections (4)(E) and (4)(H) of this rule, storage vessels with a design capacity less than forty thousand (40,000) gallons are exempt from the provisions of this rule.

       This rule does not apply to the following:

 Vessels permanently attached to mobile vehicles such as trucks, rail cars, barges, or ships;

 Vessels used to store beverage alcohol;

 Pressure vessels designed to operate in excess of twenty-nine and four-tenths (29.4) psia and without emissions to the atmosphere;

 Vessels at coke oven by-product plants; or

 Vessels used only to store or transfer petroleum liquids and that are subject to the requirements of 10 CSR 10-5.220; and

 Vessels used to store volatile organic liquids that are subject to or exempt from the requirements of 40 CFR Parts 60, 61, or 63.

 Definitions.

 Beverage alcohol -- Consumable products and their process intermediates and byproducts, consisting of ethanol or mixtures of ethanol and non-volatile organic liquids.

 Closed vent system -- A system that is not open to the atmosphere and is composed of piping, ductwork, connections, and, if necessary, flow inducing devices that transport gas or vapor from an emission point to a control device.

 Condensate -- Hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions.

 Control device -- An enclosed combustion device, vapor recovery system, or flare.

 Control equipment -- Any equipment that reduces the quantity of a pollutant that is emitted to the air. The device may destroy or secure the pollutant for subsequent recovery. Includes, but is not limited to, incinerators, carbon adsorbers, and condensers.

 Department -- The Missouri Department of Natural Resources, which includes the director thereof, or the person or division or program within the department delegated the authority to render the decision, order, determination, finding, or other action that is subject to review by the commission.

 Director -- Director of the Missouri Department of Natural Resources or a representative designated to carry out the duties as described in 643.060, RSMo.

 External floating roof -- A storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by petroleum liquid being contained and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.

 Facility -- All contiguous or adjoining property that is under common ownership or control, including properties that are separated only by a road or other public right-of-way.

 Federally enforceable -- All limitations and conditions which are enforceable by the administrator, including those requirements developed pursuant to 40 CFR 55, 60, 61, and 63; requirements within any applicable state implementation plan; requirements in operating permits issued pursuant to 40 CFR 70 or 71, unless specifically designated as nonfederally enforceable; and any permit requirements established pursuant to 40 CFR 52.10, 52.21, or 55, or under

 regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued under a U.S. Environmental Protection Agency-approved program that is incorporated into the state implementation plan and expressly requires adherence to any permit issued under such program.

 Fill -- The introduction of VOL into a storage vessel but not necessarily to complete capacity.

 Internal floating roof -- A product cover in a fixed roof tank which rests upon or is floated upon the volatile organic compound liquid being contained and which is equipped with a sliding seal(s) to close the space between the edge of the covers and tank shell.

 Liquid-mounted seal -- A foam- or liquid-filled seal mounted in contact with the liquid between the wall of the storage vessel and the floating roof continuously around the circumference of the tank.

 Maximum true vapor pressure -- The equilibrium partial pressure exerted by the volatile organic compounds in the stored volatile organic liquid (VOL) at the temperature equal to the highest
 calendar-month average of the VOL storage temperature for VOLs stored above or below the ambient temperature or at the local maximum monthly average temperature as reported by the National Weather Service for VOLs stored at the ambient temperature, as determined --

  In accordance with methods described in American Petroleum Institute Bulletin 2517, Evaporation Loss From External Floating Roof Tanks (incorporated by reference in section (5));

            As obtained from standard reference texts;

  As determined by ASTM D2879-83, 96, or 97 (incorporated by reference in section (5)); or

            Any other method approved by the director.

  Mechanical shoe seal -- A metal sheet held vertically against the wall of the storage vessel by springs or weighted levers and is connected by braces to the floating roof. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.

  Petroleum -- The crude oil removed from the earth and the oils derived from tar sands, shale, and coal.

  Petroleum liquids -- Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery.

  Petroleum refinery -- Any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, extracting, or reforming of unfinished petroleum derivatives.

  Reid vapor pressure -- The absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquified petroleum gases, as determined by ASTM D323-82 or 94 (incorporated by reference in section (5)).

  Rim seal -- A device attached to the rim of a floating roof deck that spans the annular space between the deck and the wall of the storage vessel. When a floating roof has only one (1) such device, it is a primary seal; when there are two (2) seals (one (1) mounted above the other), the lower seal is the primary seal and the upper seal is the secondary seal.

  Standard conditions -- A gas temperature of seventy degrees Fahrenheit (70 °F) and a gas pressure of fourteen and seven-tenths (14.7) pounds per square inch absolute (psia).

  Storage vessel -- Any tank, reservoir, or container used for the storage of volatile organic liquids, but does not include:

       Frames, housing, auxiliary supports, or other components that are not directly involved in the containment of liquids or vapors; or

            Subsurface caverns or porous rock reservoirs.

  Vapor-mounted seal --  A rim seal designed not to be in contact with the stored liquid. Vapor-mounted seals may include, but are not limited to, resilient seals and flexible wiper seals.

  Vapor Recovery system -- An individual unit or series of material recovery units, such as absorbers, condensers, and carbon adsorbers, used for recovering volatile organic compounds.

  Volatile organic compound (VOC) -- See definition in 10 CSR 10- 6.020.

  Volatile organic liquid (VOL) -- Any substance which is a liquid at storage conditions containing one (1) or more volatile organic compounds.

 General Provisions.

 Every owner or operator storing VOL in a vessel of forty thousand (40,000) gallons or greater with a maximum true vapor pressure greater than or equal to one-half (0.5) psia but less than three quarters (0.75) psia shall be subject to the record keeping requirements in subsection (4)(F) of this rule and the monitoring requirements in subsection (4)(G) of this rule. Furthermore, every owner or operator storing VOL in a vessel of forty  thousand (40,000) gallons or greater with a maximum true vapor pressure equal to three quarters (0.75) psia but less than eleven and  one-tenth (11.1) psia shall reduce VOC emissions from storage as follows:

 Equip each fixed roof storage vessel with a vapor control system that meets the specifications contained in paragraph (3)(A)3. of this rule or an internal floating roof that meets the following specifications:

 The internal floating roof shall rest or float on the liquid surface but not necessarily in complete contact with it inside a storage vessel that has a fixed roof. The internal floating roof shall be floating on the liquid surface at all times, except during initial fill and during those intervals when the storage vessel is completely emptied and subsequently refilled. When the roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and accomplished as rapidly as possible;

 Each internal floating roof shall be equipped with one (1) of the following closure devices between the wall of the storage vessel and the edge of the internal floating roof:

 A liquid-mounted seal.

  Two (2) seals mounted one (1) above the other so that each forms a continuous closure that completely covers the space between the wall of the storage vessel and the edge of the internal floating roof. The lower seal may be vapor-mounted, but both must be continuous; or

                     A mechanical shoe seal;

  Each opening in a non-contact internal floating roof except for automatic bleeder vents such as vacuum breaker vents and the rim space vents shall provide a projection below the liquid surface;

 Each opening in the internal floating roof except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains shall be equipped with a cover or lid which is to be maintained in a closed position at all times with no visible gap except when the device is in actual use. The cover or lid shall be equipped with a gasket. Covers on each access hatch and automatic gauge float well shall be bolted except when they are in use;

       Automatic bleeder vents shall be equipped with a gasket and remain closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports;

 Rim space vents shall be equipped with a gasket and  set to open only when the internal floating roof is not floating or at the manufacturer's recommended setting;

 Each penetration of the internal floating roof for the purpose of sampling a sample well with a slit fabric cover that covers at least ninety percent (90%) of the opening; and

 Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover;

 2. Each external floating roof storage vessel shall meet the following specifications:

 Each external floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge. The closure device shall consist of two (2) seals, one (1) above the other. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.
 Except as provided in subparagraph (3)(C)2.D. of this rule, the primary seal shall completely cover the annular space between the edge of the floating roof and storage vessel wall and shall be either a liquid-mounted seal or a mechanical shoe seal.

 The secondary seal shall completely cover the annular space between the external floating roof and the wall of the storage vessel in a continuous fashion except as allowed in subparagraph (3)(C)2.D. of this rule;

  Except for automatic bleeder vents and rim space vents, each opening in a non-contact external floating roof shall provide a projection below the liquid surface. Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid that is to be maintained in a closed position at all times with no visible gap except when the device is in actual use. Automatic bleeder vents shall be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports. Rim vents shall be set open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting. Automatic bleeder vents and rim space vents shall be gasketed. Each emergency roof drain shall include a slotted membrane fabric cover that covers at least ninety percent (90%) of the area of the opening; and

  The roof shall be floating off the roof leg supports on the liquid at all times except when the storage vessel is completely emptied and subsequently refilled. The process of filling, emptying, or refilling when the roof is resting on the leg supports shall be continuous and accomplished as rapidly as possible;

 3.	Closed vent systems and control devices respectively shall meet the following specifications:

  The closed vent system shall be designed to collect all VOC vapors and gases discharged from the storage vessel and operated with no detectable emissions as indicated by an instrument reading of less than five hundred parts per million (500 ppm) above background and visual inspections, as determined by the methods in 40 CFR 60.485(c), as specified in10 CSR 10-6.070 (3)(A)1.; and

       The control device shall be designed and operated to reduce inlet VOC emissions by ninety percent (90%) or greater. If a flare is used as the control device, it shall meet the specifications described in the general control device requirements of 40 CFR 60.18, as specified in10 CSR 10-6.070 (3)(A)1.; or

 4.	An alternative emission control plan equivalent to the requirements of paragraphs (3)(A)1., (3)(A)2., or (3)(A)3. of this rule that has been approved by the department and  the United States Environmental Protection Agency in a federally enforceable permit.

 The owner or operator of each storage vessel with a design capacity equal to or greater than forty thousand (40,000) gallons which contains VOL that, as stored, has a maximum true vapor pressure greater than or equal to eleven and one -tenth (11.1) psia shall equip each storage vessel with a closed vent system and control device as specified in paragraph (3)(A)3. of this rule.

 Testing Requirements. The owner or operator of each storage vessel specified in section (1) of this rule shall comply with the requirements of paragraph (3)(C)1., (3)(C)2., or (3)(C)3. of this rule. The applicable requirements for a particular storage vessel depends on the control equipment installed to meet the requirements of this rule.

 After installing the control equipment to comply with paragraph (3)(A)1. of this rule for permanently affixed roofs and internal floating roofs, each owner or operator shall --

       Visually inspect the internal floating roof, the primary seal, and the secondary seal (if one (1) is in service) prior to filling the storage vessel with VOL. If there are holes, tears, or other openings in the primary seal, the secondary seal, or the seal fabric or defects in the internal floating roof, or both repair the items before filling the storage vessel;

       For storage vessels equipped with a liquid-mounted or mechanical shoe primary seal, visually inspect the internal floating roof and the primary seal or the secondary seal (if one (1) is in service) through manholes and roof hatches on the fixed roof at least once every twelve (12) months after initial fill. If the internal floating  roof is not resting on the surface of the VOL inside the storage vessel, or if there is liquid accumulated on the roof, or if the seal  is detached, or if there are holes or tears in the seal fabric repair the items or empty and remove the storage vessel from service within forty-five (45) days. If a failure that is detected during inspections required in this rule subsection cannot be repaired within forty-five (45) days and if the storage vessel cannot be emptied within forty-five (45) days, the owner or operator may request a thirty (30)-day extension from the department in the inspection report described in paragraph (4)(A)2. of this rule. Such a request for an extension must document that alternate storage capacity is unavailable and specify a schedule  of actions the owner or operator will take that will assure that the control equipment will be repaired or the storage vessel will be emptied within thirty (30) days;

 For storage vessels equipped with both primary and secondary seals-

 Visually inspect the storage vessel as specified in subparagraph (3)(C)1.D. of this rule at least every five (5) years; or

 Visually inspect the storage vessel as specified in subparagraph (3)(C)1.B. of this rule;

  Visually inspect the internal floating roof, primary seal, secondary seal (if one (1) is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the storage vessel is emptied and degassed. If the internal floating roof has defects, the primary seal has holes, tears, or other openings in the seal, or if the seal fabric or the secondary seal has holes, tears, or other openings in the seal, or if the seal fabric or the gaskets no longer close off the liquid surfaces from the atmosphere, or if the slotted membrane has more than ten percent (10%) open area, repair the items as necessary so that none of the conditions specified in this rule subsection exist before refilling the storage vessel with VOL. In no event shall inspections conducted in accordance with this provision occur at intervals greater than ten (10) years in the case of storage vessels subject to the annual visual  inspection as specified in subparagraph (3)(C)1.B. and part (3)(C)1.C.(II) of this rule and at intervals no greater than five (5) years in the case of storage vessels specified in part (3)(C)1.C.(I) of this rule; and

       Notify the department in writing at least thirty (30) days prior to the filling or refilling of each storage vessel for which an inspection is conducted in accordance with subparagraphs (3)(C)1.A. and (3)(C)1.D. of this rule to afford the department the opportunity to have an observer present. If the inspection under subparagraph (3)(C)1.D. of this rule is not planned and the owner or operator could not have known about the inspection thirty (30) days in advance of refilling the storage vessel, notify the department at least seven (7) days prior  to the refilling of the storage vessel. Notification shall be made by telephone immediately followed by written documentation demonstrating  why the inspection was unplanned. Alternatively, this notification including the written documentation may be made in writing and sent by express mail so that it is received by the department at least seven (7) days prior to the refilling.

 The owner or operator of external floating roof storage vessels shall --

 Determine the gap areas and maximum gap widths between the primary seal and the wall of the storage vessel and between the secondary seal and the wall of the storage vessel.

 Perform measurements of gaps between the storage vessel wall and the primary seal (seal gaps) during the hydrostatic testing of the storage vessel or within sixty
 (60) days after the initial fill with VOL and at least once every five (5) years thereafter.

 Perform measurements of gaps between the storage vessel wall and the secondary seal within sixty
 (60) days after the initial fill with VOL and at least once per year thereafter.

                     If any source ceases to store VOL for a period of one
 (1) year or more, subsequent introduction of VOL into the storage vessel shall be considered an initial fill for the purposes of parts (3)(C)2.A.(I) and (3)(C)2.A.(II) of this rule;

 Determine gap widths and areas in the primary and secondary seals individually according to the following procedures:

  Measure seal gaps, if any, at one (1) or more floating roof levels when the roof is floating off the roof leg supports;

  Measure seal gaps around the entire circumference of the storage vessel in each place where a one-eighth inch (1/8") in diameter uniform probe passes freely without forcing or binding against seal between the seal and the wall of the storage vessel and measure the circumferential distance of each such location; and

 Determine the total surface area of each gap described in part (3)(C)2.B.(II) of this rule by using probes of various widths to measure accurately the actual distance from the storage vessel wall to the seal and multiplying each such width by its respective circumferential distance;

       Add the gap surface area of each gap location for the primary seal and the secondary seal individually and divide the sum for each by the nominal diameter of the storage vessel and compare each ratio to the respective standards in subparagraph (3)(C)2.D. of this rule;

 Make necessary repairs or empty the storage vessel within forty-five (45) days after identification in any inspection for seals not meeting the requirements listed in parts (3)(C)2.D.(I) and (3)(C)2.D.(II) of this rule.

 The accumulated area of gaps between the storage vessel wall and the mechanical shoe or liquid-mounted primary seal shall not exceed one inch (1.0") per foot of storage vessel diameter, and the width of any portion of any gap shall not exceed one and one-half inches (1.5"). There shall be no holes, tears, or other openings in the shoe, seal fabric, or seal envelope.

 The secondary seal shall meet the following requirements:

 Be installed above the primary seal so that it completely covers the space between the roof edge and the storage vessel wall except as provided in part (3)(C)2.B.(III) of this rule;

 The accumulated area of gaps between the storage vessel wall and the secondary seal used in combination with a metallic shoe or liquid-mounted primary seal shall not exceed  one inch (1.0") per foot of storage vessel diameter, and the width of any portion of any gap shall not exceed one-half inch (0.5"). There shall be no gaps between the storage vessel wall and the secondary seal when used in combination with a vapor mounted primary seal; and

  There shall be no holes, tears, or other openings in the seal or seal fabric.

  If a failure that is detected during inspections required in subparagraph (3)(C)2.A. of this rule cannot be repaired within forty-five (45) days and if the storage vessel cannot be emptied within forty-five (45) days, the owner or operator may request a thirty (30)-day extension from the department in the inspection report required in subparagraph (3)(C)2.D. of this rule. Such extension request must include a demonstration of unavailability of alternate storage capacity and a specification of a schedule that will assure that the control equipment will be repaired or the storage vessel will be emptied as soon as possible;

 Notify the department thirty (30) days in advance of any gap measurements required by subparagraph (3)(C)2.A. of this rule to afford the department the opportunity to have an observer present; and

 Visually inspect the external floating roof, the primary seal, secondary seal, and fittings each time the storage vessel is emptied and degassed.

  If the external floating roof has defects, if the primary seal has holes, tears, or other openings in the seal or the seal fabric, or if the secondary seal has holes, tears, or other openings in the seal or the seal fabric, repair the items as necessary so that none of the conditions specified in this rule subsection exist before filling or refilling the storage vessel with VOL.

             For all the inspections required by subparagraph (3)(C)2.F. of this rule, the owner or operator shall notify the department in writing at least thirty (30) days prior to the filling or refilling of each storage vessel to afford the department the opportunity to inspect the storage vessel prior to refilling. If the inspection under subparagraph (3)(C)2.F of this rule is not planned and the owner or operator could not have known about the inspection thirty (30) days in advance of refilling the storage vessel, notify the department at least seven (7) days prior to the refilling of the storage vessel. Notification shall be made by telephone immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification including the written documentation  may be sent by express mail so that it is received by the department at least seven (7) days prior to the refilling.

 The owner or operator of each storage vessel equipped with a closed vent system and a flare to meet the requirements of paragraph (3)(A)3. of this rule shall meet the requirements specified in the general control device requirements of
 40 CFR 60.18(e) and (f), as  specified in10 CSR 10-6.070 (3)(A)1.

 Reporting and Record Keeping.

 After installing control equipment in accordance with paragraph (3)(A)1. of this rule for fixed roofs and internal floating roofs, the owner or operator shall --

       Keep a record of each inspection performed as required by subparagraphs (3)(C)1.A., (3)(C)1.B, (3)(C)1.C, and (3)(C)1.D. of this rule. Each record shall identify the storage vessel on which the inspection was performed, contain the date the storage vessel was inspected, and the observed condition of each component of the control equipment including seals, internal floating , and fittings;

       If any of the conditions described in subparagraph (3)(C)1.B. of this rule are detected during the annual visual inspection, report to the department within twenty (20) days after the inspection the identity  of the storage vessel, the nature of the defects, and the date the storage vessel was emptied or the nature of and date the repair was made; and

       After each inspection required by subparagraph (3)(C)1.C. of this rule where tears or holes in the seal or seal fabric, or defects in the internal floating roof, or other control equipment defects listed in part (3)(C)1.C.(II) of this rule are discovered, report to the department within twenty (20) days after the inspection the identity of the storage vessel and the reason it did not meet the specifications of paragraph (3)(A)1. or (3)(C)1. of this rule, and list each repair made.

 After installing control equipment in accordance with paragraph (3)(A)2. of this rule for external floating roofs, the owner or operator shall --

 Within sixty (60) days after performing the seal gap measurements required by subparagraphs (3)(C)2.A. of this rule, furnish the department with a report that contains the date of measurement, the raw data obtained in the measurement and the calculations of this rule described in subparagraphs (3)(C)2.B. and (3)(C)2.C. of this rule;

 Maintain records of each gap measurement performed under subparagraph (3)(C)2.B. of this rule. Such records  shall identify the storage vessel in which the measurement was performed and shall contain the date of measurement, the raw data obtained in the measurement and the calculations of this rule described in subparagraphs (3)(C)2.B. and (3)(C)2.C. of this rule; and

       After each seal gap measurement that detects gaps exceeding the limitations specified by subparagraph (3)(C)2.D. of this rule, submit a report to the department within twenty (20) days after the inspection identifying the storage vessel and containing the information specified in paragraph (4)(B)1. of this rule and the date the storage vessel was emptied or the repairs were made and the date of the repair.

 After installing control equipment to comply with subsection (3)(C). of this rule for closed vent systems and control device other than a flare, the owner or operator shall maintain a record of the measured values of the parameters monitored in accordance with the requirements of this rule.

 After installing a closed vent system and flare to comply with subsection (3)(C) of this rule, the owner or operator shall --

 Provide the department with a report containing the measurements recorded under paragraph (3)(C)3. of this rule within six (6) months after the initial start-up date;

       Maintain records of all periods of operation during which the flare pilot flame is absent; and

 Report semiannually all periods recorded under  paragraph (4)(D)2. of this rule in which the pilot flame was absent.

 The owner or operator of each storage vessel specified in section (1) of this rule shall maintain readily accessible records of the dimensions of the storage vessel and an analysis of the capacity of the storage vessel.

 Except as provided in paragraphs (4)(G)3. and (4)(G)4. of this rule, the owner or operator of each storage vessel subject to the requirements in subsection (3)(A) or (3)(B) of this rule with a design capacity greater than or equal to forty thousand (40,000) gallons storing a liquid with a maximum true vapor pressure greater than or equal to one-half (0.5) psia but less than three-quarters (0.75) psia shall maintain a record of the VOL  storage, the period of storage, and the maximum true vapor pressure  of the VOL during the respective storage period.

 Monitoring Requirements.

 Except as provided in paragraph (4)(G)4. of this rule, the owner or operator of each storage vessel with a design capacity greater than or equal to forty thousand (40,000) gallons storing a liquid with a maximum true vapor pressure that is normally less than three -quarters (0.75) psia shall notify the department within thirty (30) days when the maximum true vapor pressure of the  liquid exceeds three-quarters (0.75) psia.

 Available data on the storage temperature may be used to determine the maximum true vapor pressure.

  For storage vessels operated above or below ambient temperatures, the maximum true vapor pressure is calculated based upon the highest expected calendar-month average of the storage temperature. For storage vessels operated at ambient temperatures, the maximum true vapor pressure is calculated based upon the maximum local monthly average ambient temperature as reported by the National Weather Service.

  For other liquids, the vapor pressure shall be determined by an appropriate test method in section (5) of this rule or calculated  by an appropriate method approved by the department.

 The owner or operator of each storage vessel storing a mixture of indeterminate or variable composition shall be subject to the following:

 Prior to the initial filling of the storage vessel, the maximum true vapor pressure for the range of anticipated liquid compositions to be stored will be determined using the methods described in paragraph (4)(G)2. of this rule; and

 For storage vessels in which the vapor pressure of the anticipated liquid composition is one-half (0.5) psia or greater but less than three-quarters (0.75) psia, perform an initial physical test of the vapor pressure; a physical test at least once every six (6) months thereafter is required as determined by an appropriate test method in section (5) of this rule.

 The owner or operator of each storage vessel equipped with a closed vent system and control device meeting the specifications of subsection (3)(A) or (3)(B) of this rule is exempt from the  requirements of paragraphs (4)(G)1. and (4)(G)2. of this rule.

 (H) The owner or operator shall maintain all records required by this rule section, except for the records described in subsection (4)(E) of this rule, on-site for at least five (5) years. The records described in subsection (4)(E) of this rule shall be kept on-site for the life of the source. The records required by this rule shall be made available to the department immediately upon request.

       Test Methods.

 American Petroleum Institute (API) Bulletin 2517, Evaporation Loss From External Floating Roof Tanks, Second Edition, as published by API, February 1980. This publication is hereby incorporated by reference in this rule. Copies can be obtained from API, 1220 L Street NW, Washington, DC 20005. This rule does not incorporate any subsequent amendments or additions.

 The following documents are published by the American Society for Testing and Materials (ASTM) and incorporated by reference in this rule. Copies can be obtained from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does not incorporate any subsequent amendments or additions:

 ASTM D323-82 or 94 Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method);

 ASTM D2879-83, 96, or 97 Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope;

 The following ASTMs as specified in 10 CSR 10-6.040(36):

 ASTM D4953 Standard Test Method for Vapor Pressure of Gasoline and Gasoline-Oxygenate Blends (Dry Method); and

 ASTM D5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method);

 The following test methods are incorporated as specified in 10 CSR 10-6.030(22):

  Test Methods 1 and 2 (40 CFR 60, Appendix A) for determining flow rates, as necessary;

  Test Method 18 (40 CFR 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography;

 Test Method 21 (40 CFR 60, Appendix A) for determination of volatile organic compound leaks;

 Test Method 22 (40 CFR 60, Appendix A) for visual determination of fugitive emissions from material sources and smoke emissions from flares;

 Test Method 25 (40 CFR 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon; and

 Test Methods 25A or 25B (40 CFR 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis;

  (E)	 Test method described in 40 CFR 60.113(a)(ii) as specified in 10 CSR 10-6.070(3)(A)1. for measurement of storage tank seal gap;

   Other method approved by the director.


[Federal Register: March 17, 2009 (Volume 74, Number 50)]
[Notices]
[Page 11370-11371]
[DOCID:fr17mr09-44]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

March 10, 2009.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that

the Commission place the prohibited communication and responses thereto
in the decisional record. The Commission will grant such a request only
when it determines that fairness so requires. Any person identified
below as having made a prohibited off-the-record communication shall
serve the document on all parties listed on the official service list
for the applicable proceeding in accordance with Rule 2010, 18 CFR
385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                  Docket No.                     File date                  Presenter or requester
----------------------------------------------------------------------------------------------------------------
Prohibited:
    1. CP09-54-000............................       3-4-09  Commission Staff.\1\
Exempt:
    1. CP04-36-000............................       3-4-09  Hon. Walter S. Felag, Jr.
    2. CP08-458-000...........................       3-4-09  Kenneth Warn.
    3. CP07-444-000...........................       3-9-09  Kenneth Warn.
    4. CP09-54-000............................      2-12-09  Hon. Dave Freudenthal.
    5. CP09-54-000............................      3-10-09  David Swearington.
    6. EL09-29-000, EL09-30-000...............      2-27-09  Hon. Brad Molnar.
    7. P-2210-169.............................      2-23-09  T. P. Rogers.\2\
    8. P-12429-000............................       3-9-09  Dan Jewell.
----------------------------------------------------------------------------------------------------------------
\1\ Memorandum to the File, Summary of Meeting.
\2\ E-mail attaching informational filing.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-5678 Filed 3-16-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Page 46982]
[FR Doc No: 2017-21732]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that members of the Commission's staff may attend the following
meetings related to the transmission planning activities of the New
York Independent System Operator, Inc. (NYISO):

NYISO Electric System Planning Working Group Meeting

October 10, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-10-10.

NYISO Business Issues Committee Meeting

October 11, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic&directory=2017-10-11.

NYISO Operating Committee Meeting

October 12, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=oc&directory=2017-10-12.

NYISO Management Committee Meeting

October 25, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=mc&directory=2017-10-25.

NYISO Electric System Planning Working Group Meeting

October 26, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and
teleconference.
    The above-referenced meeting is open to stakeholders.
    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-10-26.
    The discussions at the meetings described above may address matters
at issue in the following proceedings:
    New York Independent System Operator, Inc., Docket No. ER13-102.
    New York Independent System Operator, Inc., Docket No. ER15-2059.
    New York Independent System Operator, Inc., Docket No. ER17-2327.
    New York Transco, LLC, Docket No. ER15-572.
    For more information, contact James Eason, Office of Energy Market
Regulation, Federal Energy Regulatory Commission at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
    Dated: October 3, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-21732 Filed 10-6-17; 8:45 am]
BILLING CODE 6717-01-P


 [Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)] [Rules and Regulations] [Pages 39777-39782] [FR Doc No: 2011-16882]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0907; FRL-9428-7]

Revisions to the California State Implementation Plan, San

Joaquin Valley Unified Air Pollutions Control District (SJVUAPCD)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is finalizing a limited approval and limited disapproval

of revisions to the San Joaquin Valley Unified Air Pollution Control

District (SJVUAPCD) portion of the California State Implementation Plan

(SIP). This action was proposed in the Federal Register on January 4,

2011 and concerns volatile organic compound (VOC) emissions from crude

oil production operations and refineries. Under authority of the Clean

Air Act as amended in 1990 (CAA or the Act), this action simultaneously

approves local rules that regulate these emission sources and directs

California to correct rule deficiencies.

DATES: Effective Date: This rule is effective on August 8, 2011.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2010-0907 for

this action. Generally, documents in the docket for this action are

available electronically at http://www.regulations.gov or in hard copy

at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While

all documents in the docket are listed at http://www.regulations.gov,

some information may be publicly available only at the hard copy

location (e.g., copyrighted material, large maps, multi-volume

reports), and some may not be available in either location (e.g.,

confidential business information (CBI)). To inspect the hard copy

materials, please schedule an appointment during normal business hours

with the contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Joanne Wells, EPA Region IX, (415)

947-4118<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and

``our,'' refer to EPA.

Table of Contents

I. Proposed Action

II. Public Comments and EPA Responses

III. EPA Action

IV. Statutory and Executive Order Reviews

I. Proposed Action

    On January 4, 2011 (76 FR 298), EPA proposed a limited approval and

limited disapproval of the following rules that were submitted for

incorporation into the California SIP.

----------------------------------------------------------------------------------------------------------------

            Local agency                Rule No.              Rule title              Amended        Submitted

----------------------------------------------------------------------------------------------------------------

SJVUAPCD...........................            4402  Crude Oil Production Sumps.        12/17/92        08/24/07

SJVUAPCD...........................            4625  Wastewater Separators......        12/17/92        08/24/07

----------------------------------------------------------------------------------------------------------------

    We proposed a limited approval because we determined that these

rules improve the SIP and are largely consistent with the relevant CAA

requirements. We simultaneously proposed a limited disapproval because

some rule provisions conflict with section 110 and part D of the Act.

These provisions include the following:

A. Rule 4402, Crude Oil Production Sumps

    1. SJVUAPCD should strengthen these requirements to help implement

RACT or demonstrate why such improvements are not appropriate in light

of analogous requirements in neighboring districts.

    a. Section 5.1.2 allows a 1 inch gap and does not require seals for

rigid floating covers. In contrast, SCAQMD Rule 1176(e)(2)(B)(vi) and

SLOCAPCD Rule 419 D.2.e. require rigid floating covers to have seals,

the gap cannot exceed \1/8\'' for a cumulative length of 95% of the

perimeter, and no single gap may exceed \1/2\ inch.

    b. Section 5.2.5 requires fixed covers to be equipped with a

pressure/vacuum valve set to within ten percent of maximum safe working

pressure. In contrast, SCAQMD Rule 1176(2)(A)(ii) and (6)(A) and

SBCAPCD Rule 344 D.2.b.2 require that fixed covers be equipped with a

95% efficient Air Pollution Control (APC) device.

    c. Rule 4402 does not require periodic inspection of covers and APC

equipment to ensure proper operation. In contrast, SCAQMD Rule

1176(f)(1)(C) requires periodic leak inspection and APC testing.

    d. Rule 4402 has exemptions that are more broad than those found in

other districts rules. SJVUAPCD should analyze whether these exemptions

continue to be appropriate. This analysis should consider more current

cost data than used in the 2009 RACT Analysis, and should consider

alternative disposal methods (e.g., underground injection, tanks, or

additional pretreatment) in addition to sump and pond covers. The

following exemptions are of particular concern:

     Uncontrolled VOC emissions from exempted 2nd and 3rd stage

sumps. Section 4.1.1 exempts operations less than 6000 barrels per day

with sumps less than 1000 sf and section 4.1.3 exempts operations less

than 300 barrels per day with sumps less than 5000 sf from substantive

requirements. No other neighboring districts allow exemptions for small

producers except for SBCAPCD Rule 344, and the exemption in Santa

Barbara's rule is more restrictive than the exemptions found in Rule

4402.

     Section 4.1.7 exempts ponds of ``clean produced water''

with less than 35 mg/l VOC from Rule 4402 requirements. In contrast,

SCAQMD Rule 1176(i)(5)(J), VCAPCD Rule 71.4 C.1.c and SLOCAPCD Rule 419

C.4 exempt wastewater sumps only where the VOC/ROC content does not

exceed 5 mg/l at the inlet. Of particular concern are VOC emissions

from the ponds that initially receive the oily wastewater from oil

production facilities. Alternatives including additional pretreatment

to lower the VOC content and other disposal methods such as underground

injection should be evaluated.

    e. Rule 4402 does not limit the time that oil or oily water can be

kept in an emergency pit. In contrast, SLOCAPCD Rule 419 C.2 requires

clean-up to begin within 24 hours and finish within 15 days.

    f. Rule 4402 allows 1st stage sumps. In contrast, SBCAPCD Rule 344

and VCAPCD Rule 71.4 do not allow the operation of 1st stage sumps.

    g. Provisions should be added in Rule 4402 or Rule 4623 (Storage of

Organic Liquids) that ensure that tanks used to replace the 1st stage

crude oil sumps have adequate VOC controls.

    2. The following revisions are needed to improve rule clarity and

enforceability consistent with CAA section 110(a).

    a. Please remove the language at the end of Section 5.3 that states

``If replacement tank exclusively serves identical function of sump

replaced, permitting of such tank shall not be considered an emission

change for the purposes of Rule 2201 (New and Modified Source Review

Rule)''. Any exemptions to NSR requirements should be evaluated in

context of SJVUAPCD's NSR program (e.g., Rule 2020) and incorporated

within the NSR program only if appropriate. Such exemptions should not

be in source-specific prohibitory rules like Rule 4402.

    b. Revise section 6.2 Test Methods to remove and/or replace

inappropriate or outdated test methods such as 6.2.1 ARB Method 432,

which is designed for paints and coatings and not oily wastewater. We

also recommend adding EPA Test Method 21 in section 6.2 for determining

leaks.

    c. Update the definition of clean product water (Section 3.1)

replacing outdated EPA Test Methods 4.13.2, 418.2 and 8240 that used

CFC-113 as the extraction solvent. The new test methods using non-CFC

extraction solvents are EPA Method 1664A and EPA Method 8260.

    d. Please revise section 6.1 (Recordkeeping) to:

     Add requirement for facilities to keep records of all

inspections for leaks and testing of APC devices (for example, see

SCAQMD Rule 1176(g)(1)).

     Add requirement to document use of emergency pits,

including when use started, clean-up started and clean-up finished.

     Require documentation justifying any exemptions claimed

under section 4, including 4.1.7, which exempts pits and ponds.

     Add requirements to verify the sump surface area and the

annual production rates for both the small producers and very small

producers in section 6.1.1.

     Add requirement to keep all records for at least two, and

preferably five years.

B. Rule 4625, Wastewater Separators

    The following revisions are needed to improve rule clarity,

enforceability, and to strengthen requirements to help implement RACT.

    1. The December 1992 amendment added exemption 4.3, which reads

``For existing facilities, if an incineration device is added or

modified for the sole purpose of complying with the requirements of

this rule, such a device shall be exempt from the Best Available

Control Technology and the Offset requirements of Rule 2201 (New and

Modified Stationary Source Review Rule)''. This exemption should be

removed from Rule 4625. Any exemptions to NSR requirements should be

evaluated in context of SJVUAPCD's NSR program (e.g., Rule 2020) and

incorporated within the NSR program only if appropriate. Such

exemptions should not be in source-specific prohibitory rules like Rule

4625.

    2. SJVUAPCD has not adequately demonstrated that Rule 4625

currently implements RACT because RACT can change over time as control

technology improves and/or becomes more available. More stringent

requirements

exist in the NSPS (1988), NESHAP (1995), BAAQMD Rule 8-8 (1993) and

SCAQMD 1176 (1996). These regulations have requirements for stricter

VOC controls (see, e.g., 95% requirement in SCAQMD Rule 1176, section

(e)(2)(A)(ii) and (e)(6)), additional design requirements for

controlling fugitive emissions or breathing losses (see, e.g., BAAQMD

Regulation 8 Rule 8, section 302.4), and additional requirements for

inspections and maintenance (see, e.g., BAAQMD Regulation 8 Rule 8,

section 302.4 and 302.6).

    3. The exemption for air flotation units precludes regulation of

potentially significant VOC sources (section 4.2). Even though these

sources are currently regulated via District permit conditions,

SJVUAPCD should subject them to SIP requirements as part of Rule 4625

or demonstrate why that is not necessary. There is no specific

allowance in the CTG or other guidance documents for exempting air

flotation units from regulation and no other California air district

rules include such an exemption.

    4. To improve enforceability, SJVUAPCD should revise section 6.0

Test Methods to remove inappropriate or outdated test methods such as

6.1.2 ARB Method 432 for paints and coatings, and 6.1.3 which refers to

an obsolete document superseded by EPA Method 204 for determining

capture efficiency (40 CFR 51). We recommend including EPA Test Method

21 (measurements of leaks) as referenced in SJVUAPCD Rule 4455, Section

6.4 Test Methods, or SCAQMD Rule 1176, Section (h).

    5. The SJVUAPCD 2009 RACT SIP Demonstration mentions that the

requirements in SJVUAPCD Rule 4455, ``Components at Petroleum

Refineries, Gas Liquids Processing Facilities and Chemical Plants'',

apply to oil-water separators. SJVUAPCD should include those

requirements directly in Rule 4625 or by reference to improve

enforceability, or demonstrate that this is not appropriate.

    6. To ensure ongoing compliance and strengthen enforceability,

SJVUACPD should add to the rule requirements for inspections of covers,

access hatches and other openings and emissions control equipment,

along with recordkeeping requirements for inspections and testing or

demonstrate that this is not appropriate. For example, please see

SCAQMD Rule 1176, section (f) and (g).

    7. SJVUAPCD should delete or justify exemption 4.1 for wastewater

separators exceeding a set value for a sump surface area to the rate of

oil vapor loss ratio. The only other rule where we found such exemption

is SCAQMD Rule 464 for Wastewater Separators; last amended December 7,

1990. This exemption is not found in the newer SCAQMD Rule 1176, ``VOC

Emissions from Wastewater Systems'', amended September 13, 1996, which

also addresses wastewater separators and which largely supersedes Rule

464.

Additional detailed information on the deficiencies listed above can be

found in the TSDs and proposed notice for this rulemaking (76 FR 298).

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.

During this period, we received comments from the following parties.

    1. Sarah E. Jackson, Earthjustice; letter and email dated and

received February 2, 2011.

    2. Samir Sheikh, San Joaquin Valley Air Pollution Control District

(SJVAPCD); letter and email dated and received February 3, 2011.

    The comments and our responses are summarized below.

    Comment #1: Earthjustice generally supported EPA's analysis of

these rules and the deficiencies identified.

    Response #1: No response required.

    Comment #2: Earthjustice raised concerns regarding the inventory

associated with these rules and asserted that EPA should thoroughly

analyze the inventory. Earthjustice asserted that SJVUAPCD fails to

require related reporting as required by San Luis Obispo Rule 419, and

instead bases inventory estimates on an industry survey. Earthjustice

provided two inventory reports and asserted that SJVUAPCD uses an older

lower emission factor but does not justify the use of this lower

emission factor.

    Response #2: Recordkeeping and reporting requirements must be

sufficient to ensure rule enforceability. Rule 4402 requirements are

sufficient for this purpose except for the deficiencies described in

paragraph A.2.d above. Nothing in San Luis Obispo Rule 419 or elsewhere

in the comment provides evidence of additional requirements necessary

for this purpose. Additional emissions inventory information, such as

for the clean produced water ponds, might clarify the importance of

additional controls from affected sources for overall SIP planning

purposes. However, such information is not needed to evaluate the

submitted rules with respect to rule enforceability, SIP relaxation and

RACT, the primary criteria at issue in this action.

    Comment #3: Earthjustice stated that the District's inventory

excludes sumps containing ``clean produced water'' and that the

District allows a much higher VOC content in its clean water than other

districts allow, therefore the district could be failing to capture a

large source of emissions in its inventory.

    Response #3: Additional emissions inventory information, such as

for the clean produced water ponds, might clarify whether additional

controls are needed for overall SIP planning purposes. However, such

information is not needed to evaluate the submitted rules with respect

to rule requirements, enforceability, SIP relaxation and RACT, the

primary criteria at issue in this action. We believe that the issue of

the higher VOC content allowed in Rule 4402 for ``clean produced

water'' is adequately addressed by the deficiency described in

paragraph I.A.1.d above.

    Comment 4: Earthjustice supported EPA's request that SJVUAPCD

should ensure that the tanks that replace the primary sumps have

adequate VOC controls and requested that EPA keep this recommendation

in mind as it evaluates its options on the District's RACT SIP.

    Response #4: No response required.

    Comment #5: Earthjustice asserted that the rules identified by EPA

for comparison to the SJVUAPCD rules are quite old themselves and their

requirements may no longer represent the lowest emissions these sources

are capable of achieving with reasonable control technology. As a

result, Earthjustice asserted that an analysis of the cost

effectiveness of eliminating more open sumps should be prepared in

order to demonstrate compliance with RACT.

    Response #5: The rules used for comparison are older rules, however

we are not aware of newer RACT controls likely to significantly reduce

emissions from these sources, and no other new technologies were

identified in the comment. In addition, paragraph I.A.1.d above directs

SJVUAPCD to examine potential additional RACT controls for open sumps.

    Comment #6: SJVUACPD agreed that Rule 4402 imposes some

requirements that are similar to those found in other Districts, and

that Rule 4625 imposes requirements similar to the relevant CTG, NSPS

and MACT. SJVUAPCD further noted that rule language and test method

requirements could be updated because these rules were last amended in

1992.

    Response #6: No response required.

    Comment #7: SJVUAPCD commented that their rule requirements do not

need

to be changed simply because rules in other parts of California appear

more stringent. The District asserted that analogous requirements in

other agencies are not comparable to SJVUAPCD rules because the

affected sources are different. SJVUAPCD provided the example of crude

oil sumps, and stated that other California agencies have far fewer, if

any, sumps subject to the rules used for comparison with SJVUAPCD Rule

4402.

    Response #7: SJVUAPCD must demonstrate that these rules fulfill CAA

RACT requirements. This demonstration should include comparison and

consideration of rules and guidance adopted elsewhere for analogous

sources. Our proposed action identified examples where SJVUAPCD did not

explain why more stringent requirements adopted in South Coast, Santa

Barbara, Ventura and San Luis Obispo were not also reasonably available

in San Joaquin. While differences among affected sources may justify

different rule requirements, the comment did not provide support for

any specific differences among rule provisions. The comment stated that

other districts have far fewer, if any, sumps subject to the rules used

for comparison with SJVUAPCD Rule 4402. However, the comment did not

provide evidence for this statement and we do not believe it is

correct. For example, data provided by VCAPCD from their permits

database shows about 50 sumps in their relatively small district.\1\

Similarly, in informal discussions with CARB staff, they confirmed that

South Coast and Santa Barbara also have significant numbers of

sumps.\2\

---------------------------------------------------------------------------

    \1\ Sumps Data from the VCAPCD Permit Database, received by EPA

from Stan Cowen via e-mail dated May 10, 2011, Ventura County Air

Pollution Control District.

    \2\ Based on preliminary data collected for the ``CARB 2007 Oil

and Gas Industry Survey Results'', Draft Report, March 2011.

---------------------------------------------------------------------------

    Comment 8: SJVUAPCD commented that the 2009 RACT SIP demonstration

showed that the cost effectiveness of additional emission controls far

exceeds RACT. The district acknowledged that EPA believes this analysis

is based on old cost estimates, but notes that even if true costs are

half as large, the resulting cost effectiveness would still be $32,000

per ton of VOC emissions reduced, which exceeds RACT.

    Response #8: The 2009 RACT SIP demonstration for Rule 4402 provided

a cost analysis for a 5000 square foot (sf) second stage sump cover

based on a 1986 cost estimate from a Santa Barbara County Air Pollution

Control District staff report.\3\ Our proposed action questioned

SJVUAPCD's reliance on this cost estimate because it is over 20 years

old, because it is the only cost estimate provided by SJVUAPCD, and

because other agencies have adopted more stringent regulations.\4\ Upon

further review of this cost effectiveness analysis in response to the

comment, we also note that it significantly underestimated potential

emission reductions, thus overestimating cost effectiveness.

Specifically, the analysis assumed 2 tons/year VOC emissions reduced

from controlling a 5000 sf second stage heavy crude oil sump. However,

SJVUAPCD currently estimates uncontrolled emissions from such sumps at

0.0412 lbs VOC/sf-day.\5\ Assuming 90% emission reductions from a

ridged floating cover (as required by Rule 4402 if not exempted in

section 4.1.3), we recalculate the emission reduction at 34 tons/year

at less than $4000/ton.\6\ This is well within the range of control

cost effectiveness that SJVUAPCD and other agencies routinely require

in prohibitory rules.

---------------------------------------------------------------------------

    \3\ 2009 RACT SIP, SJVUAPCD (April 16, 2009), Rule 4402, page 4-

79.

    \4\ See Section I.A.1.d above or 76 FR 298 Section II.C.1.d for

description of this deficiency.

    \5\ SJVUAPCD: 2007 Area Source Emissions Inventory Methodology,

310-Oil Production Fugitive Losses-Sumps and Pits, dated February 6,

2009, Table 7--Uncontrolled emission factors for oil sumps.

    \6\ 5000 sf x 0.0412 lb/sfday x 365 day/yr x 2000 lb/ton x 90% =

33.8 ton/yr @$129,644 = $3836/ton

---------------------------------------------------------------------------

    Comment #9: SJVUAPCD commented that, in light of their large

workload, they are hesitant to divert resources to conduct work that is

not demonstrated to have significant potential for additional, cost-

effective emissions reductions.

    Response #9: We appreciate this comment and acknowledge that the

District has limited resources and a substantial workload. We are

trying to be sensitive to this issue in our various interactions with

the District, including our actions on SIP rules such as these. We hope

that the analysis and rule revisions called for by this action will not

be unduly burdensome, though we believe they are needed to comply with

the CAA.

III. EPA Action

    No comments were submitted that change our assessment of the rule

as described in our proposed action. Therefore, as authorized in

sections 110(k)(3) and 301(a) of the Act, EPA is finalizing a limited

approval of the submitted rule. This action incorporates the submitted

rule into the California SIP, including those provisions identified as

deficient. As authorized under section 110(k)(3), EPA is simultaneously

finalizing a limited disapproval of the rule. As a result, sanctions

will be imposed unless EPA approves subsequent SIP revisions that

correct the rule deficiencies within 18 months of the effective date of

this action. These sanctions will be imposed under section 179 of the

Act according to 40 CFR 52.31. In addition, EPA must promulgate a

Federal implementation plan (FIP) under section 110(c) unless we

approve subsequent SIP revisions that correct the rule deficiencies

within 24 months. Note that the submitted rule has been adopted by the

SJVUAPCD, and EPA's final limited disapproval does not prevent the

local agency from enforcing it. The limited disapproval also does not

prevent any portion of the rule from being incorporated by reference

into the federally enforceable SIP as discussed in a July 9, 1992 EPA

memo found at: http://www.epa.gov/ttn/caaa/t1/memoranda/siproc.pdf.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order 12866, entitled ``Regulatory

Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under

the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions.

    This rule will not have a significant impact on a substantial

number of small entities because SIP approvals and limited approvals/

limited disapprovals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because

this limited approval/limited disapproval action does not create any

new requirements, I certify that this action will not have a

significant economic

impact on a substantial number of small entities.

    Moreover, due to the nature of the Federal-State relationship under

the Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

    EPA has determined that the limited approval/limited disapproval

action promulgated does not include a Federal mandate that may result

in estimated costs of $100 million or more to either State, local, or

tribal governments in the aggregate, or to the private sector. This

Federal action approves pre-existing requirements under State or local

law, and imposes no new requirements. Accordingly, no additional costs

to State, local, or tribal governments, or to the private sector,

result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces

Executive Orders 12612 (Federalism) and 12875 (Enhancing the

Intergovernmental Partnership). Executive Order 13132 requires EPA to

develop an accountable process to ensure ``meaningful and timely input

by State and local officials in the development of regulatory policies

that have federalism implications.'' ``Policies that have federalism

implications'' is defined in the Executive Order to include regulations

that 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.'' Under Executive Order 13132, EPA may not issue a

regulation that has federalism implications, that imposes substantial

direct compliance costs, and that is not required by statute, unless

the Federal government provides the funds necessary to pay the direct

compliance costs incurred by State and local governments, or EPA

consults with State and local officials early in the process of

developing the proposed regulation. EPA also may not issue a regulation

that has federalism implications and that preempts State law unless the

Agency consults with State and local officials early in the process of

developing the proposed regulation.

    This rule will 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, because it

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. Thus, the

requirements of section 6 of the Executive Order do not apply to this

rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination

with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),

requires EPA to develop an accountable process to ensure ``meaningful

and timely input by tribal officials in the development of regulatory

policies that have tribal implications.'' This final rule does not have

tribal implications, as specified in Executive Order 13175. It will not

have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not

apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental

Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)

as applying only to those regulatory actions that concern health or

safety risks, such that the analysis required under section 5-501 of

the Executive Order has the potential to influence the regulation. This

rule is not subject to Executive Order 13045, because it approves a

State rule implementing a Federal standard.

H. Executive Order 13211, Actions That Significantly Affect Energy

Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions

Concerning Regulations That Significantly Affect Energy Supply,

Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a

significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act

(NTTAA) of 1995 requires Federal agencies to evaluate existing

technical standards when developing a new regulation. To comply with

NTTAA, EPA must consider and use ``voluntary consensus standards''

(VCS) if available and applicable when developing programs and policies

unless doing so would be inconsistent with applicable law or otherwise

impractical.

    The EPA believes that VCS are inapplicable to this action. Today's

action does not require the public to perform activities conducive to

the use of VCS.

J. Executive Order 12898: Federal Actions To Address Environmental

Justice in Minority Populations and Low-Income Population

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes

Federal executive policy on environmental justice. Its main provision

directs Federal agencies, to the greatest extent practicable and

permitted by law, to make environmental justice part of their mission

by identifying and addressing, as appropriate, disproportionately high

and adverse human health or environmental effects of their programs,

policies, and activities on minority populations and low-income

populations in the United States.

    EPA lacks the discretionary authority to address environmental

justice in this rulemaking.

K. Congressional Review Act

    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). This rule will be effective on August 8, 2011.

L. Petitions for Judicial Review

    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 September 6, 2011. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Ozone, Reporting and

recordkeeping requirements, Volatile organic compounds.

    Dated: June 9, 2011.

Jared Blumenfeld,

Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is

amended 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 F--California

0

2. Section 52.220 is amended by adding paragraphs (c)(351)(i)(C)(5) and

(6) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *

    (c) * * *

    (351) * * *

    (i) * * *

    (C) * * *

    (5) Rule 4402, ``Crude Oil Production Sumps'', adopted on April 11,

1991 and amended December 17, 1992.

    (6) Rule 4625, ``Wastewater Separators'', adopted on April 11, 1991

and amended December 17, 1992.

* * * * *

[FR Doc. 2011-16882 Filed 7-6-11; 8:45 am]

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[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Page 83327]
[FR Doc No: 2016-27964]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2016-105]

Petition for Exemption; Summary of Petition Received; The Boeing
Company

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Title 14, Code of Federal Regulations
(14 CFR). The purpose of this notice is to improve the public's
awareness of, and participation in, this aspect of the FAA's regulatory
activities. Neither publication of this notice nor the inclusion or
omission of information in the summary is intended to affect the legal
status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before December 12, 2016.

ADDRESSES: You may send comments identified by docket number FAA-2016-
9097 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments digitally.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review the
DOT's complete Privacy Act Statement in the Federal Register published
on April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lynette Mitterer, ANM-113, Federal
Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356,
email<EMAIL_ADDRESS>phone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 4, 2016.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2016-9097.
    Petitioner: Boeing.
    Section of 14 CFR Affected: Sec.  25.813(a).
    Description of Relief Sought: The petitioner is seeking relief to
install high-wall suites in the premium cabins of Boeing 777-300ER.

[FR Doc. 2016-27964 Filed 11-18-16; 8:45 am]
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