[Federal Register Volume 62, Number 14 (Wednesday, January 22, 1997)]
[Rules and Regulations]
[Pages 3220-3223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1078]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 105-0012a; FRL-5673-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Kern County Air Pollution Control
District; San Diego County Air Pollution Control District; Ventura
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 to approve revisions to the
California State Implementation Plan (SIP). The revisions concern rules
from the Kern County Air Pollution Control District (KCAPCD), the San
Diego County Air Pollution Control District (SDCAPCD), and the Ventura
County Air Pollution Control District (VCAPCD). This approval action
will incorporate five rules into the federally approved SIP. The
intended effect of approving these rules is to regulate emissions of
oxides of nitrogen (NOx) in accordance with the requirements of
the Clean Air Act, as amended in 1990 (CAA or the Act). The rules
control NOx emissions from boilers, steam generators, process
heaters, electric utility boilers, internal combustion engines, and
stationary gas turbines. The EPA is finalizing the approval of these
revisions 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 nonttainment
areas.
DATES: This action is effective on March 24, 1997 unless adverse or
critical comments are received by February 21, 1997. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
ADDRESSES: Copies of the rules 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 rules are
available for inspection at the following locations:
Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
S.W., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Kern County Air Pollution Control District, 2700 M Street, Suite 302,
Bakersfield, CA 93301.
San Diego County Air Pollution Control District, Rule Development
Section, 9150 Chesapeake Drive, San Diego, CA 92123-1096.
Ventura County Air Pollution Control District, Rule Development
Section, 669 County Square Drive, Ventura, CA 93003.
Written comments should be submitted to Andrew Steckel, Rulemaking
Office (AIR-4), Air Division, Environmental Protection Agency, Region
IX, 75 Hawthorne Street, San Francisco, CA 95105.
FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1185.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: KCAPCD's
Rule 425.2, Boilers, Steam Generators, and Process Heaters (Oxides of
Nitrogen); Rule 427, Stationary Piston Engines (Oxides of Nitrogen);
SDCAPCD's Rule 69.4, Stationary Reciprocating Internal Combustion
Engines; VCAPCD's Rule 59, Electric Power Generating Equipment--Oxides
of Nitrogen Emissions; and Rule 74.23, Stationary Gas Turbines. These
rules were submitted by the California Air Resources Board (CARB) to
EPA on February 11, 1994 (Rule 59), October 19, 1994 (Rule 69.4), May
25, 1995 (Rule 425.2), and March 26, 1996 (Rules 74.23 and 427).
Background
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)
were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.
7401-7671q. The air quality planning requirements for the reduction of
NO emissions through reasonably available control technology
(RACT) are set out in section 182(f) of the CAA. On November 25, 1992,
EPA published a notice of proposed rulemaking entitled ``State
Implementation Plans; Nitrogen Oxides
[[Page 3221]]
Supplement to the General Preamble; Clean Air Act Amendments of 1990
Implementation of Title I; Proposed Rule,'' (the NOx Supplement)
which describes the requirements of section 182(f). The NOx
Supplement should be referred to for further information on the NOx
requirements and is incorporated into this document by reference.
Section 182(f) of the Clean Air Act requires States to apply the same
requirements to major stationary sources of NOx (``major'' as
defined in section 302 and section 182 (c), (d), and (e)) as are
applied to major stationary sources of volatile organic compounds
(VOCs), in moderate or above ozone nonattainment areas. Kern County is
classified as a serious nonattainment area.1 San Diego County is
classified as a serious nonattainment area, and Ventura County area is
classified as severe for ozone.2 All areas are subject to the RACT
requirements of section 182(b)(2), cited below.
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\1\ Kern 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 56 FR 56694
(November 6, 1991).
\2\ The San Diego and Ventura County Areas retained their
designations of nonattainment and were classified by operation of
law pursuant to sections 107(d) and 181(a) upon the date of
enactment of the CAA. See 56 FR 56694 (November 6, 1991). The San
Diego Area was reclassified from severe to serious on February 21,
1995. See 60 FR 3771 (January 19, 1995).
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Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC emissions (not covered by a pre-enactment
control technique guidelines (CTG) document or a post-enactment CTG
document) by November 15, 1992. There were no NOx CTGs issued
before enactment and EPA has not issued a CTG document for any NOx
category since enactment of the CAA. The RACT rules covering NOx
sources and submitted as SIP revisions are expected to require final
installation of the actual NOx controls by May 31, 1995 for those
sources where installation by that date is practicable.
This document addresses EPA's direct-final action for the KCAPCD's
Rule 425.2, Boilers, Steam Generators, and Process Heaters (Oxides of
Nitrogen); Rule 427, Stationary Piston Engines (Oxides of Nitrogen);
SDCAPCD's Rule 69.4, Stationary Reciprocating Internal Combustion
Engines; and for the VCAPCD's Rule 59, Electric Power Generating
Equipment--Oxides of Nitrogen Emissions; and Rule 74.23, Stationary Gas
Turbines. The KCAPCD adopted Rule 425.2 on April 6, 1995 and Rule 427
on January 1, 1996. The SDCAPCD adopted Rule 69.4 on September 27, 1994
and the VCAPCD adopted Rule 59 on October 12, 1993 and Rule 74.23 on
October 10, 1995. The submitted KCAPCD's Rule 425.2 was found to be
complete on July 24, 1995 and Rule 427 on May 15, 1996. SDCAPCD's Rule
69.4 was found to be complete on October 21, 1994. VCAPCD's Rule 59 was
found to be complete on April 11, 1994; and Rule 74.23 on May 15, 1996
pursuant to EPA's completeness criteria set forth in 40 CFR Part 51
Appendix V 3 and are 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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NOx emissions contribute to the production of ground level
ozone and smog. The five rules control emissions of NOx from
electric utilities and various industries used in a wide variety of
applications. The rules were adopted as part of the KCAPCD's,
SDCAPCD's, and VCAPCD's efforts to achieve and maintain the National
Ambient Air Quality Standards (NAAQS) for ozone. All five rules are
required to satisfy the mandates of the Clean Air Act requirements, and
were submitted pursuant to the CAA requirements cited above.
EPA Evaluation
In determining the approvability of a NOx 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 interpretations of these requirements,
which form the basis for this action, appear in the NOx Supplement
and various other EPA policy guidance documents.4 Among these
provisions is the requirement that a NOx rule must, at a minimum,
provide for the implementation of RACT for stationary sources of
NOx emissions.
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\4\ 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); and
``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).
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For the purposes of assisting state and local agencies in
developing NOX RACT rules, EPA prepared the NOX Supplement,
cited above (57 FR 55620). In the NOX Supplement, EPA provides
guidance on how RACT should be determined for major stationary sources
of NOX emissions. The document sets RACT emission levels
specifically for electric utility boilers. For all other source
categories, EPA expects States/Districts to establish RACT levels
comparable to those levels for utility boilers taking into account
cost, cost-effectiveness, and emission reductions.
While most of the guidance issued by EPA (previous to the NOX
Supplement) on what constitutes RACT for stationary sources has been
directed towards application for VOC sources, much of the guidance is
also applicable to RACT for stationary sources of NOX (see section
4.5 of the NOX Supplement). In addition, pursuant to section
183(c), EPA has issued alternative control techniques documents (ACTs),
that identify alternative controls for most categories of stationary
sources of NOX. The ACT documents provide information on control
technology for stationary sources that emit or have the potential to
emit 25 tons per year or more of NOX. While providing guidance and
information for States to use in making RACT determinations, the ACTs
do not establish a presumptive norm for what is considered RACT for
stationary sources of NOX. In general, the guidance documents
cited above, as well as other relevant and applicable guidance
documents, have been issued by EPA to ensure that submitted NOX
RACT rules are fully enforceable and strengthen or maintain the SIP.
KCAPCD Rule 425.2 sets NOX emission limits for units with
annual heat input of 9 billion Btu or more at 70 parts per million
(ppm) by volume for gas-fired units and 115 ppm for liquid-fired units.
Emission limits are corrected to 3% oxygen. Rule 425.2 meets EPA's RACT
guidance and May 31, 1995 implementation requirements by requiring that
RACT be fully implemented by November 1997 and that interim measures
including submission of a compliance plan and an application for
authority to construct be met to ensure progress toward final
compliance.
EPA established RACT levels for electric utility boilers and
recommended for other source categories that States/Districts make RACT
determinations comparable to those EPA established for electric utility
boilers. This comparability should be based on several factors
including cost, cost-effectiveness, and emission reductions.
The California Air Resources Board RACT/BARCT Guidance 5
document for institutional, commercial, and industrial
[[Page 3222]]
(ICI) boilers suggests a RACT limit of 70 ppm corrected to 3% O2
for units fired with gaseous fuel and 115 ppm for units fired with
fuels other than gas. EPA has used CARB's Guidance document in
evaluating Rule 425.2 for consistency with the CAA's RACT requirements.
Rule 425.2's RACT emission limits (70/115 ppm) are generally comparable
to the emission limits of CARB's Guidance document and meet federal
RACT requirements.
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\5\ Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (RACT/BARCT guidance for ICI boilers), California Air
Resources Board, July 18, 1991.
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Kern Rule 427 contains different requirements depending upon the
size of the engines. Engines rated greater than 50 bhp are required to
conduct regular maintenance procedures. Engines rated greater than 250
bhp are required to meet the emissions limits by June 1997. The rule
establishes RACT emission limits for engines rated 250 bhp or greater
at 50 parts per million (ppm), 125 ppm, and 600 ppm for rich burn
engines, lean burn engines, and diesel engines, respectively. In lieu
of meeting the emissions limits, sources may install control equipment
that reduces NOx emissions by 90%, 80%, and 30% for rich-burn,
lean-burn, and diesel engines, respectively. Although final compliance
with the emissions limits is not required until 1999, the rule does
require interim measures be met by 1995. Emission control plans and
maintenance procedures are required in the interim to ensure progress
toward final compliance with the emission limits in 1999.
San Diego Rule 69.4 describes emission limits and reduction
requirements in two tables. One table establishes RACT concentration
limits and the other table sets percent reduction limits. Rule 69.4
establishes RACT at 50 ppm for rich burn engines, 125 ppm for lean burn
engines, and 700 ppm for diesel engines. The concentration limits are
referenced to 15% oxygen on a dry basis. The alternative control device
efficiencies are set at 90%, 80%, and 25% for rich, lean, and diesel
engines, respectively. The rule requires the RACT limits be met by May
31, 1995 for existing engines and upon start-up for new engines.
The current SIP approved version of VCAPCD Rule 59 limits NOx
emission from boilers rated greater than or equal to 2,150 million
British Thermal Units (MMBtu) to 0.10 pounds per megawatt-hour (lb/MW-
hr) produced, and limits NOx emissions from boilers rated less
than 2,150 MMBtu to 0.20 lb/MW-hr produced. Final compliance with these
limits is required by June 4, 1994 and June 4, 1996 respectively. The
significant changes in the October 12, 1993 version of Rule 59 are: (1)
boilers under 2,150 million Btu per hour are now limited to 0.10 pound
per megawatt-hour (lb/MW-hr) produced at loads at or above 43 megawatts
(MW); and (2) the start-up duration of this exemption for auxiliary
boilers has been changed from one hour to four hours. The additional
reduction of NOx emissions derived from this rule is part of
VCAPCD's effort towards achieving the state and federal ozone
standards.
VCAPCD's Rule 74.23 sets NOx limits at 42 ppm (gas-fired) and
65 ppm (oil-fired) for units rated at or above 0.3 MW but less than 2.9
MW and for units rated 4 MW and greater, but operating at less than 877
hours per year. For all other units, the rule sets the following
emission limits: (i) 25 ppm (gas-fired), corrected for turbine
efficiency and 65 ppm (oil-fired) for units rated at or above 2.9 MW
but less than 10 MW; (ii) 9 ppm (gas-fired) and 25 ppm (oil-fired) for
units rated greater than 10 MW with selective catalytic reduction
(SCR); and (iii) 15 ppm (gas-fired) and 42 ppm (oil-fired) for units
rated greater than 10 MW with no SCR. Rule 74.23 meets EPA's RACT
guidance and May 31, 1995 implementation requirements by requiring that
BARCT limits be fully implemented by April 2001, and that interim
measures including submitting a compliance plan and implementing
interim emission limits be met to ensure progress toward the final
emission limit of the rule.
The California Air Resources Board RACT/BARCT Guidance 6
document for stationary gas turbines suggest RACT limits of 42 ppm for
gas-fired units and 65 ppm for oil fired units. BARCT limits for units
with SCR are 9 ppm and 25 ppm for gas-fired units and oil-fired units
respectively. For units without SCR, the BARCT limits are 15 ppm (gas-
fired units) and 42 ppm (oil-fired units). Rule 74.23 emission limits
meet the values of CARB's RACT/BARCT limits, thereby meeting the CAA
requirements for RACT.
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\6\ Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for the Control of Oxides
of Nitrogen from Stationary Gas Turbines (RACT/BARCT guidance for
gas turbines), California Air Resources Board, May 18, 1992.
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EPA agrees that the RACT emissions limits established in the Kern
Rules 425.2 and 427, the San Diego Rule 69.4, and the Ventura Rules 59
and 74.23 are consistent with the Agency's guidance and policy for
making RACT determinations, and believes the rules satisfy the NOX
RACT requirement of the CAA for ICI boilers in Kern County, the I/C
engines in Kern and San Diego Counties, the electric utility boilers
and the stationary gas turbines in Ventura County.
EPA is incorporating these rules into the SIP because they
strengthen the SIP through the addition of enforceable measures such as
NOx emission limits, recordkeeping, test methods, definitions, and
compliance tests. EPA believes all five rules for these source
categories in each district satisfy the RACT requirements of the CAA. A
more detailed discussion of the sources controlled, the controls
required, and the analysis of how these controls meet RACT can be found
in the Technical Support Document (TSD) for each rule available from
the U.S. EPA Region IX office.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations and EPA policy. All five
rules meet RACT requirements for their particular category, and contain
implementation dates consistent with the CAA and EPA's policy.
Therefore, all five are being approved under section 110(k)(3) of the
CAA as meeting the requirements of section 110 and Part D.
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 March 24, 1997, unless, by February 21, 1997, 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 document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action 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 March 24, 1997.
[[Page 3223]]
Regulatory Process
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this final action does not include
a mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
Under 801(a)(1)(A) of the Administrative Procedures Act (APA) as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996, EPA submitted a report containing these rules and other required
information to the U.S. Senate, the U.S. House of Representatives and
the Comptroller General of the General Accounting Office prior to
publication of the rules in today's Federal Register. These rules are
not major rules as defined by section 804(2) of the APA as amended.
Regulatory Flexibility Act
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. Secs. 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).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) 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, Oxides of
nitrogen, 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: December 23, 1996.
Felicia Marcus,
Regional Administrator.
Subpart F of 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 paragraphs
(c)(195)(i)(B)(2), (C)(202)(i)(C)(5), (C)(221)(i)(A)(3),
(C)(230)(i)(A)(2) and (C)(230)(i)(C) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(195)* * *
(i) * * *
(B) * * *
(2) Rule 59, adopted on October 12, 1993.
* * * * *
(202) * * *
(i) * * *
(C) * * *
(5) Rule 69.4, adopted on September 27, 1994.
* * * * *
(221) * * *
(i) * * *
(A) * * *
(3) Rule 425.2, adopted on April 6, 1995.
* * * * *
(230) * * *
(i) * * *
(A) * * *
(2) Rule 74.23, adopted on October 10, 1995.
* * * * *
(C) Kern County Air Pollution Control District.
(1) Rule 427, adopted on January 25, 1996.
[FR Doc. 97-1078 Filed 1-21-97; 8:45 am]
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