[Federal Register Volume 59, Number 166 (Monday, August 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21170]


[[Page Unknown]]

[Federal Register: August 29, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA83-1-6565a; FRL-5054-6]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, San Diego County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan (SIP). The revisions concern rules 
from the San Diego County Air Pollution Control District (SDCAPCD). 
This approval action will remove these rules from the federally 
approved SIP, as requested by the state. The removal of these rules 
from the SIP acknowledges that these rules are no longer necessary for 
achieving and maintaining the federal air quality standards because the 
sources subject to these rules no longer exist in the SDCAPCD. The 
rules that are being rescinded were originally approved into the SIP in 
order to regulate emissions of volatile organic compounds (VOCs) in 
accordance with the requirements of the Clean Air Act, as amended in 
1990 (CAA or the Act). They were adopted to control VOC emissions from 
the separation of oil-water mixtures. On the effective date of this 
action, any sanction or Federal Implementation Plan (FIP) requirement 
is permanently lifted.

    EPA is finalizing the recision of these rules from the California 
SIP under provisions of the CAA regarding EPA action on SIP submittals, 
SIPs for national primary and secondary ambient air quality standards 
and plan requirements for nonattainment areas.

DATES: This final rule action is effective on October 28, 1994, unless 
adverse or critical comments are received by September 28, 1994. If the 
effective date is delayed, a timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for 
each rule are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted rule revisions 
are available for inspection at the following locations:

Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 
94105;
U.S. Environmental Protection Agency, Air Docket 6102, 401 ``M'' 
Street, SW., Washington, DC 20460;
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095;
San Diego Air Pollution Control District, 9150 Chesapeake Drive, San 
Diego, CA 92123-1096.

FOR FURTHER INFORMATION CONTACT:
Erik H. Beck, Rulemaking Section (A-5-3), Air and Toxics Division, U.S. 
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105-3901, Telephone: (415) 744-1190.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being rescinded from the California SIP include: SDCAPCD 
Rule 61.9, ``Separation of Organic Compounds from Water'' and Rule 65, 
``Volatile Organic Compound Water Separators''. This request to rescind 
was submitted to EPA on May 24, 1994. Rule 61.9 was adopted by the 
SDCAPCD on March 14, 1989, and was incorporated into the SIP on October 
26, 1992 (57 FR 48457). Rule 65 was originally submitted to EPA as a 
SIP revision on June 30, 1972 and was approved into the SIP on 
September 22, 1972 (37 FR 19812). SIP revisions to this rule were 
submitted to EPA on October 13, 1977 and were approved into the SIP on 
August 31, 1978 (43 FR 38826).

Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in 1977 
(1977 Act or pre-amended Act), that included San Diego County. 43 FR 
8964, 40 CFR 81.305. Because this area was unable to meet the statutory 
attainment date of December 31, 1982, California requested under 
section 172(a)(2), and EPA approved, an extension of the attainment 
date to December 31, 1987. (40 CFR 52.222). On May 26, 1988, EPA 
notified the Governor of California, pursuant to section 110(a)(2) of 
the 1977 Act, that the above district's portion of the California SIP 
was inadequate to attain and maintain the ozone standard and requested 
that deficiencies in the existing SIP be corrected (EPA's SIP-Call). On 
November 15, 1990, the Clean Air Act Amendments of 1990 were enacted. 
Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. 
In amended section 182(a)(2)(A) of the CAA, Congress statutorily 
adopted the requirement that nonattainment areas fix their deficient 
reasonably available control technology (RACT) rules for ozone and 
established a deadline of May 15, 1991 for states to submit corrections 
of those deficiencies.
    Section 182(a)(2)(A) applies to areas designated as nonattainment 
prior to enactment of the amendments and classified as marginal or 
above as of the date of enactment. It requires such areas to adopt and 
correct RACT rules pursuant to pre-amended section 172(b) as 
interpreted in pre-amendment guidance.\1\ EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas. San Diego County is classified as Severe;\2\ 
therefore, this area was subject to the RACT fix-up requirement and the 
May 15, 1991 deadline.
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    \1\Among other things, the pre-amendment guidance consists of 
those portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
Clarification to Appendix D of November 24, 1987 Federal Register 
Notice'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988); and the existing control 
technique guidelines (CTGs).
    \2\San Diego County retained its designation of nonattainment 
and was classified by operation of law pursuant to sections 107(d) 
and 181(a) upon the date of enactment of the CAA. See 55 FR 56694 
(November 6, 1991).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on May 24, 1994, as well as the request to 
remove Rule 61.9 from the California SIP, which is being acted on in 
this notice. This notice addresses EPA's direct-final action for 
SDCAPCD Rule 61.9 and Rule 65.
    The May 24, 1994 submittal to EPA from the State of California did 
not include a request to remove Rule 65 from the SIP. This request was 
made in the April 5, 1991 submittal to EPA which transmitted SDCAPCD 
Rule 61.9 for inclusion into the California SIP. With the adoption of 
Rule 61.9 by the SDCAPCD, Rule 65 was superseded by Rule 61.9. However, 
when EPA incorporated Rule 61.9 into the California SIP on October 26, 
1992 (57 FR 48457), EPA did not remove Rule 65 from the SIP. That 
administrative oversight is being corrected with this notice, pursuant 
to section 110(k)(6).
    For purposes of its local regulations, SDCAPCD deleted Rule 65 on 
March 14, 1989, and deleted Rule 61.9 on April 19, 1994. The SIP 
submittals requesting deletion of these rules were found to be complete 
on May 21, 1991 (Rule 65) and on July 14, 1994 (Rule 61.9) pursuant to 
EPA's completeness criteria that are set forth in 40 CFR part 51, 
distinguished appendix V.\3\
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    \3\EPA adopted the completeness criteria on February 16, 1990 
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, 
revised the criteria on August 26, 1991 (56 FR 42216).
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    These rules were originally adopted by the District to control VOC 
emissions from devices that remove oils from contaminated water. VOCs 
contribute to the production of ground level ozone and smog.

EPA Evaluation

    EPA has evaluated the SDCAPCD's request to remove Rule 61.9 and 
Rule 65 from the California SIP and has determined that this request is 
consistent with the CAA, EPA regulations, and EPA policy because the 
SDCAPCD has demonstrated that there are no sources within the 
nonattainment area that would be subject to these requirements.\4\ EPA 
has verified the absence of these sources by exhaustively searching 
EPA's Aerometric Information Retrieval System (AIRS) database for the 
existence of firms using wastewater separators, firms that had used 
wastewater separators in the past, and for the existence of firms whose 
industrial processes would suggest that they would use wastewater 
separators. No firms meeting these criteria were found. Therefore, 
SDCAPCD Rule 61.9 and 65 are being rescinded from the California SIP. 
The final action on Rule 61.9 serves as a final determination that the 
deficiency in this rule has been corrected. Therefore, if this direct 
final action is not withdrawn, on October 28, 1994, any sanction or FIP 
clock is stopped and any imposed sanctions would be permanently lifted.
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    \4\Pursuant to section 193 of the CAA, EPA cannot approve the 
deletion of a SIP requirement that was in effect prior to enactment 
of the 1990 CAA Amendments unless EPA determines that the SIP 
revision will provide for equivalent or greater reductions in 
emissions. Because there have been no sources subject to this 
regulation in the SDCAPCD since 1986, EPA believes that the deletion 
of this regulation will not result in the increase of emissions of 
VOCs.
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    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for revision to the state implementation plan shall 
be considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.
    EPA is publishing this document without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective October 28, 1994, unless by September 28, 1994, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action, in 
conjunction with the document in the proposed rules section of today's 
Federal Register, serving as a proposed rule. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this action 
will be effective on October 28, 1994.

Regulatory Process

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises and 
government entities with jurisdiction over populations of less than 
50,000.
    The removal of these rules from the SIP does not create any new 
requirements, because there are no longer any sources subject to these 
rules in the District. Therefore, because the Federal SIP-approval does 
not impose any new requirements, I certify that it does not have a 
significant impact on any small entities affected. Moreover, due to the 
nature of the Federal-state relationship under the CAA, preparation of 
a regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of state action. The CAA forbids EPA to 
base its actions concerning SIPs on such grounds. Union Electric Co. v. 
United States E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 
7410 (a)(2).
    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

    Environmental Protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of California was approved by the Director of the 
Federal Register on July 1, 1982.

    Date: August 10, 1994.
Felicia Marcus,
Regional Administrator.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.]

Subpart F--California

    2. Section 52.220 is amended by revising paragraphs (c)(6) and 
(c)(183)(i)(A)(2); and by adding paragraph (c)(41)(ii)(A)(1) to read as 
follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (6) Revised regulations for all APCD's submitted on June 30, 1972, 
by the Governor, except for:
    (i) San Diego County Air Pollution Control District.
    (A) Rule 65 is now removed without replacement as of March 14, 
1989.
* * * * *
    (41) * * *
    (ii) * * *
    (A) * * *
    (1) Rule 65 is now removed without replacement as of March 14, 
1989.
* * * * *
    (183) * * *
    (i) * * *
    (A) * * *
    (2) Rule 61.9, adopted on March 14, 1989, is now removed without 
replacement as of April 19, 1994.
* * * * *
[FR Doc. 94-21170 Filed 8-26-94; 8:45 am]
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