[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4887-4890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2824]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 102-13-7212a; FRL-5398-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Sacramento Metropolitan Air Quality
Management District, San Diego County Air Pollution Control District,
San Joaquin Valley Unified Air Pollution Control District, and 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 on revisions to the
California State Implementation Plan (SIP) for ozone which concern the
control of oxides of nitrogen (NOX) emissions from boilers, steam
generators, and process heaters. The intended effect of approving these
rules is to regulate emissions of NOX in accordance with the
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).
Thus, 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 nonattainment areas.
DATES: This action is effective on April 9, 1996 unless adverse or
critical comments are received by March 11, 1996. 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 of each rule
are available for public inspection at EPA's Region 9 office during
normal business hours. Copies of the submitted rules are also 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 95814.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson
Road, Sacramento, CA 95826.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive,
San Diego, CA 92123-1096.
San Joaquin Valley Unified Air Pollution Control District, 1999
Tuolumne Street, Suite 200, Fresno, CA 93721.
Ventura County Air Pollution Control District, Rule Development
Section, 669 County Square Drive, Ventura, CA 93003.
FOR FURTHER INFORMATION CONTACT: Duane F. James, 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) 744-1191, e-mail: james.duane@epamail.epa.gov.
[[Page 4888]]
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: the
Sacramento Metropolitan Air Quality Management District's (SMAQMD) Rule
411, ``Boiler NOX,'' the San Diego County Air Pollution Control
District's (SDCAPCD) Rule 69.2, ``Industrial and Commercial Boilers,
Process Heaters and Steam Generators,'' the San Joaquin Valley Unified
Air Pollution Control District's (SJVUAPCD) Rule 4352, ``Solid Fuel
Fired Boilers, Steam Generators and Process Heaters,'' and the Ventura
County Air Pollution Control District's (VCAPCD) Rule 74.15, ``Boilers,
Steam Generators and Process Heaters.'' These rules were submitted by
the California Air Resources Board (ARB) to EPA on September 28, 1994
(Rule 4352), October 19, 1994 (Rule 69.2), January 24, 1995 (Rule
74.15), and June 16, 1995 (Rule 411).
Background
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)
were enacted. Public Law 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 Notice of Proposed Rulemaking (NPRM) 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 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. The Sacramento County
portion of the Sacramento Metro Area is classified as severe, the San
Diego County Area and the San Joaquin Valley Area are classified as
serious, and the Ventura County Area is classified as severe; 1
therefore these areas were subject to section 182(f), the RACT
requirements of section 182(b)(2), cited below, and the November 15,
1992 deadline.
\1\ The San Joaquin Valley 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 55 FR 56694 (November 6, 1991). The
Sacramento Metro Area was reclassified from serious to severe on
June 1, 1995. See 60 FR 20237 (April 25, 1995). 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 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 by May 31, 1995, for those
sources where installation by that date is practicable.
The SMAQMD adopted Rule 411 on February 2, 1995; the SDCAPCD
adopted Rule 69.2 on September 27, 1994; the SJVUAPCD adopted Rule 4352
on September 14, 1994; and the VCAPCD adopted Rule 74.15 on November 8,
1994. These submitted rules were found to be complete on October 21,
1994 (Rules 69.2, and 4352), February 24, 1995 (Rule 74.15), and June
30, 1995 (Rule 411) pursuant of EPA's completeness criteria that are
set forth in 40 CFR part 51, Appendix V 2 and are being proposed
for approval into the SIP.
\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. SMAQMD's Rule 411, SDCAPCD's Rule 69.2, and VCAPCD's
Rule 74.15 control NOX emissions from boilers, steam generators,
and process heaters that are fired on gaseous and liquid fuels;
SJVUAPCD's Rule 4352 applies to solid-fuel fired boilers, steam
generators, and process heaters. The rules were adopted as part of the
districts' efforts to achieve the National Ambient Air Quality
Standards (NAAQS) for ozone and in response to the CAA requirements
cited above. The following is EPA's evaluation and final action for
these rules.
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 this action, appears in various EPA policy
guidance documents.3 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.
\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 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 to
the General Preamble, cited above (57 FR 55620). In the NOX
supplement, EPA provides 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 are fully enforceable and strengthen or maintain the SIP.
The California ARB has published a RACT/BARCT guidance document for
boilers, steam generators, and process heaters entitled,
``Determination of Reasonably Available Control Technology and Best
Available Retrofit Control Technology for Industrial, Institutional,
and Commercial Boilers, Steam Generators, and Process Heaters'' (July
18, 1991). The guidance document defines RACT as an emission limit of
70 parts per million volume (ppmv) at 3% O2 when firing on gaseous
fuels and 115 ppmv at 3% O2 when firing on liquid fuels. BARCT is
defined as an emission limit of 30 ppmv at 3% O2 when firing
[[Page 4889]]
on gaseous fuels and 40 ppmv at 3% O2 when firing on liquid fuels.
The SMAQMD's Rule 411 and the SDCAPCD's Rule 69.2 required RACT control
by May 31, 1995, and require BARCT by May 31, 1997. The SJVUAPCD's Rule
4352 applies to units firing on solid fuel, which the RACT/BARCT
document does not address. However, the rule's emission limit of 0.20
lb/MMBtu (with exceptions) appears to be reasonable because it is the
same as the RACT/BARCT document's limit for firing on liquid fuels
other than fuel oil #1 and #2. Final compliance with the rule was
required by May 31, 1995. The VCAPCD's Rule 74.15 has an emission limit
of 40 ppmv at 3% O2 for firing on gaseous fuels, and final
compliance was required by March 1, 1992; firing on liquid fuels is
prohibited except only in emergencies. All the rules contain adequate
recordkeeping requirements, and the appropriate test methods for
compliance determinations are referenced. The exemptions provided in
the rules are consistent with EPA guidelines. A more detailed
discussion of the sources controlled, the controls required, and the
justification for why these controls represent RACT can be found in the
Technical Support Documents (TSDs) for these rules, dated September 18,
1995.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations and EPA policy. Therefore,
SMAQMD Rule 411, ``Boiler NOX,'' SDCAPCD Rule 69.2, ``Industrial
and Commercial Boilers, Process Heaters and Steam Generators,''
SJVUAPCD Rule 4352, ``Solid Fuel Fired Boilers, Steam Generators and
Process Heaters,'' and VCAPCD Rule 74.15, ``Boilers, Steam Generators
and Process Heaters,'' are being approved under section 110(k)(3) of
the CAA as meeting the requirements of section 110(a), section
182(b)(2), section 182(f) and the NOX Supplement to the General
Preamble.
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.\4\
\4\ The SJVUAPCD's Rule 4352 references the district's Rules
2201 and 1020 in sections 3.7 and 3.12 respectively; the VCAPCD's
Rule 74.15 references the district's Rule 32 in section (C)(3).
Rules 2201, 1020, and 32 have not been approved by EPA for inclusion
into the SIP. Therefore, this direct final rule does not constitute
action on or approval of these rules into the SIP.
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EPA is publishing this notice 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 revisions
should adverse or critical comments be filed. This action will be
effective April 9, 1996, unless, by March 11, 1996, 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 April 9, 1996.
Regulatory Flexibility
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 economic 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.
SIP approvals under section 110 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 affected small entities. 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. section 7410 (a)(2).
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.
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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compound.
Dated: November 21, 1995.
Felicia Marcus,
Regional Administrator.
Subpart F of part 52, chapter I, Title 40 of the Code of Federal
Regulations is amended as follows:
[[Page 4890]]
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)(199) (i)(D),
(202)(i)(C)(3), (214)(i)(D), and (222)(i)(C) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(199) * * *
(i) * * *
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4352, adopted on September 14, 1994.
* * * * *
(202) * * *
(i) * * *
(C) * * *
(3) Rule 69.2, adopted on September 27, 1994.
* * * * *
(214) * * *
(i) * * *
(D) Ventura County Air Pollution Control District.
(1) Rule 74.15, adopted on November 8, 1994.
* * * * *
(222) * * *
(i) * * *
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 411, adopted on February 2, 1995.
* * * * *
[FR Doc. 96-2824 Filed 2-8-96; 8:45 am]
BILLING CODE 6560-50-P
