Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Bay Area Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 95-1-6591a; FRL-5055-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Bay Area Air Quality Management

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. The revisions concern Rule 8-8,

``Wastewater (Oil-Water) Separators'' from the Bay Area Air Quality

Management District (BAAQMD). This approval action will incorporate

this rule into the federally approved SIP. The intended effect of

approving this rule is 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). In addition, the final action

on this rule serves as a final determination that the deficiency in

this rule has been corrected and that on the effective date of this

action, any sanction or Federal Implementation Plan (FIP) clock is

stopped. The revised rule controls VOC emissions from separation of

oil-water mixtures. Thus, EPA is finalizing the approval of this

revision into 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 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 revision and EPA's evaluation report for

the rule are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rule revision 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

94105-3901.

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.

Bay Area Air Quality Management District, 939 Ellis Street, San

Francisco, CA 94109.

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, Telephone:

(415) 744-1190. Internet: [email protected].

SUPPLEMENTARY INFORMATION:

Applicability

The rule being approved into the California SIP is BAAQMD Rule 8-8,

``Wastewater (Oil-Water) Separators''. This rule was submitted by the

California Air Resources Board to EPA on July 13, 1994.

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 the San Francisco Bay

area. 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)(H) of the 1977 Act, that the BAAQMD'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. The San Francisco Bay Area is classified as

moderate;\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\The San Francisco Bay Area 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 July 13, 1994, including the rule being

acted on in this notice. This notice addresses EPA's direct-final

action for BAAQMD Rule 8-8, ``Wastewater (Oil-Water) Separators''.

BAAQMD adopted Rule 8-8 on June 15, 1994. This submitted rule was found

to be complete on July 22, 1994 pursuant to EPA's completeness criteria

that are set forth in 40 CFR part 51 Appendix V\3\ and is being

finalized for approval into the SIP.

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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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This rule controls VOC emissions from equipment which separates oil

from aqueous effluent streams. VOCs contribute to the production of

ground level ozone and smog. This rule was originally adopted as part

of BAAQMD's effort to achieve the National Ambient Air Quality Standard

(NAAQS) for ozone and in response to EPA's SIP-Call and the section

182(a)(2)(A) CAA requirement. The following is EPA's evaluation and

final action for this rule.

EPA Evaluation and Action

In determining the approvability of a VOC rule, EPA must evaluate

the rule for consistency with the requirements of the CAA and EPA

regulations, as found in section 110 and part D of the CAA and 40 CFR

part 51 (Requirements for Preparation, Adoption, and Submittal of

Implementation Plans). The EPA interpretation of these requirements,

which forms the basis for today's action, appears in the various EPA

policy guidance documents listed in footnote 1. Among those provisions

is the requirement that a VOC rule must, at a minimum, provide for the

implementation of RACT for stationary sources of VOC emissions. This

requirement was carried forth from the pre-amended Act.

For the purpose of assisting state and local agencies in developing

RACT rules, EPA prepared a series of Control Technique Guideline (CTG)

documents. The CTGs are based on the underlying requirements of the Act

and specify the presumptive norms for what is RACT for specific source

categories. Under the CAA, Congress ratified EPA's use of these

documents, as well as other Agency policy, for requiring States to

``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTG

applicable to this rule is entitled ``Petroleum Refineries--Control of

Refinery Vacuum Producing Systems, Wastewater Separators and Process

Unit Turnarounds'' (EPA-450/2-77-022). Further interpretations of EPA

policy are found in the Blue Book, referred to in footnote 1. In

general, these guidance documents have been set forth to ensure that

VOC rules are fully enforceable and strengthen or maintain the SIP.

BAAQMD's submitted Rule 8-8, ``Wastewater (Oil-Water) Separators''

includes the following significant changes from the current SIP:

Adding a test method to detect leaks.

Modifying the emissions determination section to allow

Federal enforceability.

EPA has evaluated the submitted rule and has determined that it is

consistent with the CAA, EPA regulations, and EPA policy. Therefore,

BAAQMD Rule 8-8, ``Wastewater (Oil-Water) Separators'' is being

approved under section 110(k)(3) of the CAA as meeting the requirements

of section 110(a) and part D. The final action on this rule 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.

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 the proposed action

published in today's Federal Register. 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 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 population of less than

50,000.

SIP approvals under sections 110 and 301(a) and subchapter I, Part

D of the CAA do not create any new requirements, but simply approve

requirements that the State is already imposing. 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. U.S. 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.

Dated: August 15, 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 adding paragraph (c)(198) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(198) New and amended regulations for the following APCDs were

submitted on July 13, 1994, by the Governor's designee.

(i) Incorporation by reference.

(A) Bay Area Air Quality Management District.

(1) Revised Rule 8-8, adopted on June 15, 1994.

[FR Doc. 94-21169 Filed 8-26-94; 8:45 am]

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