[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Proposed Rules]
[Pages 56181-56185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27141]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 207-0183; FRL-6459-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a revision to the California State
Implementation Plan (SIP) originally proposed for a limited approval
and limited disapproval in the Federal Register, 64 FR 13375, on March
18, 1999. The revision concerns a rule from the South Coast Air Quality
Management District (SCAQMD). The rule controls emissions of oxides of
nitrogen from stationary gas turbines. The intended effect of proposing
approval of this rule is to regulate emissions of oxides of nitrogen
(NOX) in
[[Page 56182]]
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA or the Act). EPA's final action on this proposed rule will
incorporate this rule into the Federally approved SIP. EPA has
evaluated this rule and is proposing to approve it under provisions of
the CAA regarding EPA actions on SIP submittals, SIPs for national
primary and secondary ambient air quality standards (NAAQS), and plan
requirements for nonattainment areas.
DATES: Comments on this proposed action must be received in writing on
or before November 17, 1999.
ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking
Office, AIR-4, Air Division, U.S. Environmental Protection Agency,
Region 9, 75 Hawthorne Street, San Francisco, CA 94105-3901.
Copies of the rule revision and the administrative record for a
previous EPA proposed action for this 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 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, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Ed Addison, Rulemaking Office, AIR-4,
Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1160.
SUPPLEMENTARY INFORMATION:
I. Applicability
This Federal Register action for the SCAQMD excludes the Los
Angeles County portion of the Southeast Desert Air Quality Management
District, otherwise known as the Antelope Valley Region in Los Angeles
County, which is now under the jurisdiction of the Antelope Valley Air
Pollution Control District as of July 1, 1997. The rule being proposed
for approval into the California SIP is SCAQMD, Rule 1134, Emissions of
Oxides of Nitrogen from Stationary Gas Turbines. This rule was
submitted by the California Air Resources Board (CARB) to EPA on March
10, 1998.
II. 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
NOX emissions through reasonably available control
technology (RACT) are set out in section 182(f) of the CAA. On November
25, 1992, EPA published a proposed rule entitled, ``State
Implementation Plans; Nitrogen Oxides Supplement to the General
Preamble; Clean Air Act Amendments of 1990 Implementation of Title I;
Proposed Rule,'' (the NOX Supplement) which describes and
provides preliminary guidance on the requirements of section 182(f).
The November 25, 1992, action 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 sections 182 (c), (d), and
(e)) as are applied to major stationary sources of volatile organic
compounds (VOCs), in moderate or above ozone nonattainment areas.
SCAQMD is classified as extreme 1; therefore this area is
subject to the RACT requirements of section 182(b)(2) and the November
15, 1992 deadline cited below.
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\1\ SCAQMD retained it's designation of nonattainment and was
classified by operation of law pursuant to 107(d) and 181(a) upon
the date of enactment of the CAA. See 55 FR 56694 (November 6,
1991).
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Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC (and NOX) emissions (not covered
by a pre-enactment control technologies 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 sources 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 as expeditiously as practicable, but no later
than May 31, 1995.
This document addresses EPA's proposed action for South Coast Air
Quality Management District (SCAQMD) Rule 1134, Emissions of Oxides of
Nitrogen from Stationary Gas Turbines Engines, adopted by the SCAQMD on
August 8, 1997. The State of California submitted this Rule 1134 to EPA
on March 10, 1998. The rule was found to be complete on May 21, 1998,
pursuant to EPA's completeness criteria that are set forth in 40 CFR
Part 51, Appendix V 2 and is being proposed for approval
into the SIP.
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\2\ 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. This rule was submitted in response to EPA's 1988
SIP-Call and the CAA section 110(a)(2)(A) requirement that plans which
are submitted to the EPA in order to achieve the National Ambient Air
Quality Standards (NAAQS) contain enforceable emission limitations. A
detailed discussion of the background for this rule and nonattainment
area is provided in the proposed rulemaking cited above.
EPA has evaluated the above rule for consistency with the
requirements of the CAA and EPA regulations and EPA interpretation of
these requirements as expressed in the various EPA policy guidance
documents referenced in the proposed rulemaking cited above. EPA has
found that the rule meets the applicable EPA requirements. The rule is
enforceable and strengthens the applicable SIP. However, as noted in
the proposed rulemaking cited above, it represents a relaxation of the
existing SIP. On March 18, 1999, in 64 FR 13375, EPA proposed limited
approval and limited disapproval of SCAQMD Rule 1134, Emissions of
Oxides of Nitrogen from Stationary Gas Turbines into the California
SIP. A detailed discussion of the rule provisions and evaluation has
been provided in 64 FR 13375 and in a technical support document (TSD)
dated February 11, 1999 available at EPA's Region IX office.
III. EPA Evaluation and Proposed Action
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 interpretation of these requirements,
which forms the basis for today's action, appears in the NOX
Supplement (57 FR 55620) and various other EPA policy guidance
documents.\3\ Among those
[[Page 56183]]
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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\3\ 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 Deviation,
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 to the General Preamble. In the NOX Supplement,
EPA provides preliminary guidance on how RACT will be determined for
stationary sources of NOX emissions. While most of the
guidance issued by EPA 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 is issuing alternative
control technique documents (ACTs), that identify alternative controls
for all categories of stationary sources of NOX. The ACT
documents will provide information on control technology for stationary
sources that emit or have the potential to emit 25 tons per year or
more of NOX. However, the ACTs will 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 set
forth to ensure that submitted NOX RACT rules meet Federal
RACT requirements and are fully enforceable and strengthen or maintain
the SIP.
The California Air Resources Board (CARB) developed a guidance
document entitled Determination of Reasonably Available Control
Technology and Best Available Retrofit Control Technology for the
Control of Oxides of Nitrogen from Stationary Gas Turbines. EPA has
used CARB's guidance document, dated May 18, 1992, in evaluating Rule
1134 for consistency with the CAA's RACT requirements.
There is currently a November 1, 1996 version of South Coast Air
Quality Management District (SCAQMD) Rule 1134, Emissions of Oxides of
Nitrogen from Stationary Gas Turbines included in the SIP. The
submitted rule includes the following provisions:
General provisions including applicability, exemptions,
and definitions.
Exhaust emissions standards for oxides of nitrogen
(NOX) and carbon monoxide (CO).
Administrative and monitoring requirements including
compliance schedule, reporting requirements, monitoring and record
keeping, and test methods.
Rules submitted to EPA for approval as revisions to the SIP must be
fully enforceable, must maintain or strengthen the SIP and must conform
with EPA policy in order to be approved by EPA. When reviewing rules
for SIP approvability, EPA evaluates enforceability elements such as
test methods, record keeping, and compliance testing in addition to
RACT guidance regarding emission limits. Rule 1134 strengthens the SIP
through the addition of enforceable measures such as record keeping,
test methods, and definitions.
EPA has evaluated South Coast Air Quality Management District Rule
1134 for consistency with the CAA, EPA regulations, and EPA policy and
has found that the revisions address and correct many deficiencies
previously identified by EPA. These corrected deficiencies have
resulted in a clearer, more enforceable rule.
In evaluating the rule, EPA must also determine whether the section
182(b) requirement for RACT implementation by May 31, 1995 is met.
Under certain circumstances, the determination of what constitutes RACT
can include consideration of advanced control technologies such as CARB
BARCT requirements. As Rule 1134 requires all units to comply by
December 31, 1995, EPA considers the May 31, 1995 deadline to have been
met. EPA has further found that the amendment to Rule 1134 conforms
with the CARB Determination of Reasonably Available Control Technology
(RACT) and Best Available Retrofit Control Technology (BARCT) for
Control of Oxides of Nitrogen from Stationary Gas Turbines dated May
18, 1992, and is therefore consistent with the CAA's RACT requirement.
EPA has evaluated South Coast Air Quality Management District Rule
1134 for consistency with the CAA, EPA regulations, and EPA policy and
has found that although most of the modifications to SCAQMD Rule 1134
will strengthen the SIP, one modification relaxes the SIP.
Section (c)(1) of the rule raises the emission limit for one
facility at Carson from 9 ppmv to 25 ppmv NOX. The
District has stated that no viable alternatives are evident that
will enable this unit to achieve the existing Rule 1134 emission
limit. The District estimated that this relaxation will result in
increased emissions of approximately 46 tons per year of
NOX.
On March 18, 1999, in 64 FR 13375, EPA proposed a limited approval
and limited disapproval of SCAQMD Rule 1134, because the district had
failed to demonstrate that this relaxation complies with Section 110(l)
of the Act.
A more detailed discussion of the basis for EPA's proposed action
can be found in the Technical Support Document (TSD), dated February
11, 1999, which is available from the U.S. EPA, Region IX office.
EPA provided for a 30-day public comment period in 64 FR 13375 and
a 30 day extension in 64 FR 24988. EPA received comments on the
proposed rulemaking prior to the closing of the second comment period,
from the County Sanitation District of Los Angeles County, South Coast
Air Quality Management District, Sempra Energy, and Solar Turbines,
Incorporated.
The County Sanitation District of L.A., submitted comments stated
that they operate the sole facility, at Carson, CA, affected by the
relaxation and that EPA's information was lacking many of the details
of the effort that was conducted at this facility in an attempt to
achieve the 9 ppmv NOX emission level contained in the
original Rule 1134. The Sanitation District asserted that the
NOX limits are not technologically feasible and they would
forward the chronology of the activities undertaken involving this
issue.
Commenter Solar Turbines, Incorporated, confirmed that low
NOX combustion controls are not as yet available from any
supplier for use on low Btu digester gas.
They stated that improvement of the selective catalytic reduction
(SCR) unit performance, which now only provides 20 percent
NOX reduction, is not technically feasible due to the
ongoing siloxane poisoning of the SCR catalyst. The proposed amendment
emissions limit of 25 ppmv NOX is being achieved primarily
via water injection.
The Sanitation District commenter suggested that EPA approve the
revisions to Rule 1134 as all reasonable approaches have been tried and
found technologically infeasible to achieve 9 ppmv NOX
emission level.
The Sanitation District supplied a summary of the chronological
detail on all of the NOX control related activities at the
LACSD turbine facility and SCAQMD submitted comments in response to the
CAA 110(l) requirement for achieving emission reductions, stating that
the NOX levels do not interfere with attainment, reasonable
further progress, or other requirement of the Clean Air Act, as
specified by section 110(l).
EPA reviewed all the material submitted during the comment period
and agrees that LACSD has investigated
[[Page 56184]]
the currently available RACT approaches to lower the NOX
emissions from the LACSD facility. We understand that the limitation on
the SCR performance is the lack of a method for removing silicon
compounds from the digester gas. Such removal may or may not be
possible in the future. Water scrubbing does not appear to be effective
for removing siloxanes. However, similar units have had preliminary
success using carbon bed filtration of the digester gas. SCAQMD and the
affected source should continue investigating various siloxane removal
methods, and SCAQMD should revise the rule when one is found.
Proposed Action
EPA is proposing action to approve the above rule for inclusion
into the California SIP. EPA is approving the submittal under section
110(k)(3) as meeting the requirements of section 110(a) and Part D of
the CAA and in light of EPA's authority pursuant to section 301(a) to
adopt regulations necessary to further air quality by strengthening the
SIP. This approval action will incorporate this rule into the federally
approved SIP. The intended effect of approving this rule is to regulate
emissions of NOX in accordance with the requirements of the
CAA.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state 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.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, Regulatory
Planning and Review.
B. Executive Order 12875
Under E.O. 12875, Enhancing the Intergovernmental Partnership, EPA
may not issue a regulation that is not required by statute and that
creates a mandate upon a State, local or tribal government, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by those governments, or EPA consults with
those governments. If EPA complies by consulting, E.O. 12875 requires
EPA to provide to the OMB a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on State, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to E.O. 13045 because it is
does not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under E.O. 13084, Consultation and Coordination with Indian Tribal
Governments, EPA may not issue a regulation that is not required by
statute, that significantly or uniquely affects the communities of
Indian tribal governments, and that imposes substantial direct
compliance costs on those communities, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
E.O. 13084 do not apply to this rule.
E. 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 final rule will not have a significant impact on a
substantial number of small entities because SIP approvals 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 the Federal SIP approval 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).
F. Unfunded Mandates
Under Section 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
annual costs to State, local, or tribal governments in the aggregate;
or to 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
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advising any small governments that may be significantly or uniquely
impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual 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.
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: September 24, 1999.
Laura Yoshii,
Deputy, Regional Administrator, Region IX.
[FR Doc. 99-27141 Filed 10-15-99; 8:45 am]
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