[Federal Register Volume 67, Number 194 (Monday, October 7, 2002)]
[Rules and Regulations]
[Pages 62376-62378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 187-0365a; FRL-7385-3]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
South Coast Air Quality Management District (SCAQMD) portion of the 
California State Implementation Plan (SIP). This revision concerns the 
emission of volatile organic compounds (VOC) from wastewater systems. 
We are approving a local rule that regulates this emission source under 
the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on December 6, 2002, without further 
notice, unless EPA receives adverse comments by November 6, 2002. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105.
    You can inspect a copy of the submitted rule and EPA's technical 
support document (TSD) at our Region IX office during normal business 
hours. You may also see a copy of the submitted rule and TSD at the 
following locations:

Air and Radiation Docket and Information Center (6102T), U.S. 
Environmental Protection Agency, Room B-102, 1301 Constitution Avenue, 
NW., Washington DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765

    A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not 
an EPA website and may not contain the same version of the rule that 
was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (415) 947-4118.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What Rule Did the State Submit?
    B. Are There Other Versions of This Rule?
    C. What Are the Changes in the Submitted Rule?
II. EPA's Evaluation and Action
    A. How Is EPA Evaluating the Rule?
    B. Does the Rule Meet the Evaluation Criteria?
    C. Public Comment and Final Action
III. Background Information
    A. Why Was This Rule Submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rule Did the State Submit?

    Table 1 lists the rule we are approving with the date that it was 
amended by the local air agency and submitted by the California Air 
Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Local Agency              Rule No.                 Rule Title                  Amended     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD............................        1176  VOC Emissions from Wastewater Systems.     09/13/96     11/26/96
----------------------------------------------------------------------------------------------------------------

    On February 12, 1997, this submittal was found to meet the 
completeness criteria in 40 CFR Part 51 Appendix V, which must be met 
before formal EPA review.

B. Are There Other Versions of This Rule?

    We approved into the SIP on August 25, 1994 (59 FR 43751) a version 
of SCAQMD Rule 1176, originally adopted on November 3, 1989.

C. What Are the Changes in the Submitted Rule?

    Rule 1176 changes for refineries are as follows:
    [sbull] Refineries will be required to either control with 
monitoring repeat-emitting drain system components (DSC) to 500 ppm VOC 
or install controls on all DSCs with less monitoring.
    [sbull] New process drains are required to have DSC controls.
    [sbull] Monitoring frequencies are decreased for low-emitting and 
non-emitting DSCs.
    Other Rule 1176 changes for all facilities are as follows:
    [sbull] Bulk loading terminals are excluded.
    [sbull] Separator forebays, clarifiers, and tanks are included.
    [sbull] Schematic identification is required for some facilities 
for certain components with an accompanying list of all DSCs.
    [sbull] The 500 ppm VOC limit applies to the entire wastewater 
system, and no openings are allowed in manhole covers.
    [sbull] A requirement for the inspector to be certified is added.
    [sbull] Requirements for recordkeeping and reporting are added.
    [sbull] Certain exemptions are allowed for sources that would emit 
little or no VOCs.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
CAA), must require Reasonably Available Control Technology (RACT) for 
major sources in nonattainment areas (see section 182(a)(2)(A)), must 
not interfere with applicable requirements including requirements 
concerning attainment (see section 110(l)), and must not relax existing 
requirements in effect prior to enactment of the 1990 CAA amendments 
(see section 193). The SCAQMD regulates an extreme ozone nonattainment 
area. 40 CFR 81.305. Therefore Rule 1176 must fulfill RACT 
requirements.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:

[[Page 62377]]

    [sbull] Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    [sbull] Issues Relating to VOC Regulation, Cutpoints, Deficiencies, 
and Deviations (the ``Blue Book''), U.S. EPA, OAQPS (May 25, 1988).
    [sbull] Control of Refinery Vacuum Producing Systems, Wastewater 
Separators and Process Unit Turnarounds, EPA-450/2-77-025 (October 
1977).

B. Does the Rule Meet the Evaluation Criteria?

    We believe the rule is consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations, and fulfilling 
RACT. The TSD has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing the approval without proposing it in 
advance. However, in the Proposed Rules section of this Federal 
Register, we are simultaneously proposing approval of the same 
submitted rule. If we receive adverse comments by November 6, 2002, we 
will publish a timely withdrawal in the Federal Register to notify the 
public that the direct final approval will not take effect and we will 
address the comments in a subsequent final action based on the 
proposal. If we do not receive timely adverse comments, the direct 
final approval will be effective without further notice on December 6, 
2002. This will incorporate the rule into the federally-enforceable 
SIP.

III. Background Information

A. Why Was This Rule Submitted?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Section 110(a) of the CAA requires states 
to submit regulations that control VOC emissions. Table 2 lists some of 
the national milestones leading to the submittal of these local agency 
VOC rules.

                                    Table 2.--Ozone Nonattainment Milestones
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                          Date                                                    Event
----------------------------------------------------------------------------------------------------------------
March 3, 1978..........................................  EPA promulgated a list of ozone nonattainment areas
                                                          under the Clean Air Act as amended in 1977. 43 FR
                                                          8964; 40 CFR 81.305.
May 26, 1988...........................................  EPA notified Governors that parts of their SIPs were
                                                          inadequate to attain and maintain the ozone standard
                                                          and requested that they correct the deficiencies
                                                          (EPA's SIP-Call). See section 110(a)(2)(H)of the pre-
                                                          amended Act.
November 15, 1990......................................  Clean Air Act Amendments of 1990 were enacted. Pub. L.
                                                          101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-
                                                          7671q.
May 15, 1991...........................................  Section 182(a)(2)(A) requires that ozone nonattainment
                                                          areas correct deficient RACT rules by this date.
----------------------------------------------------------------------------------------------------------------

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the State 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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.

[[Page 62378]]

This action is not a ``major rule'' as defined by 5 U.S.C. section 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 6, 2002. 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: August 30, 2002.
Keith Takata,
Acting Regional Administrator, Region IX.

    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 et seq.

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(242)(i)(B)(2) 
to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (242) * * *
    (i) * * *
    (B) * * *
    (2) Rule 1176, adopted on November 3, 1989 and amended on September 
13, 1996.
* * * * *
[FR Doc. 02-25299 Filed 10-4-02; 8:45 am]
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