[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7992-7994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4571]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 71-8-6938a; FRL-5423-9]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Kern County Air Pollution Control
District, Sacramento Metropolitan 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 revisions to the
California State Implementation Plan (SIP). The revisions concern rules
from the following districts: the Kern County Air Pollution Control
District (KCAPCD) and the Sacramento Metropolitan Air Management
Control District (SMAQMD). This approval action will incorporate two
rules into the federally approved SIP and remove one rule from the SIP.
The two rules control oxides of nitrogen (NOx) emissions from the
operations of stationary gas turbines and the rule to be removed
controls NOx emissions from steam generators used in the oil
production operations.
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). In addition, the final
action on these rules serves as a final determination that the findings
of nonsubmittal for these rules have been corrected and that on the
effective date of this action, any Federal Implementation Plan (FIP)
clock is stopped. 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 30, 1996 unless adverse or
critical comments are received by April 1, 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 IX 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.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street
SW., Washington, D.C. 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
290, Bakersfield, CA 93301.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson
Road, Sacramento, CA 95826.
FOR FURTHER INFORMATION CONTACT: Daniel A. Meer, 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) 744-1185.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: KCAPCD,
Rule 425, Cogeneration Gas Turbine Engines (Oxides of Nitrogen), and
SMAQMD, Rule 413, Stationary Gas Turbines. The rule being removed from
the SIP is KCAPCD Rule 425, Oxides of Nitrogen Emissions from Steam
Generators Used in Thermally Enhanced Oil Recovery--Western Kern County
Fields. The KCAPCD rules were submitted by the California Air Resources
Board (CARB) to EPA on November 18, 1993 and the SMAQMD rule was
submitted on June 16, 1995.
Background
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA or
the Act) 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 and provides
guidance on 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 proposal 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 Kern County area is
classified as serious; the Sacramento Metro Area is classified as
severe; 1 therefore these areas were subject to the RACT
requirements of section 182(b)(2), cited below.
\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 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).
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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 techniques 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 not later than May 31, 1995.
The State of California submitted many revised RACT rules for
incorporation into its SIP on November 18, 1993 and June 16, 1995,
including the rules being acted on in this
[[Page 7993]]
document. This document addresses EPA's direct-final action for KCAPCD
Rule 425, Cogeneration Gas Turbine Engines (Oxides of Nitrogen), and
SMAQMD Rule 413, Stationary Gas Turbines. KCAPCD adopted Rule 425 on
August 16, 1993 and SMAQMD adopted Rule 413 on April 6, 1995. These
submitted rules were found to be complete on December 27, 1993 and June
30, 1995 pursuant to EPA's completeness criteria that are set forth in
40 CFR part 51, appendix V 2 and are being finalized for approval
into the SIP. This document also addresses the State of California's
request that Rule 425, Oxides of Nitrogen Emissions from Steam
Generators Used in Thermally Enhanced Oil Recovery--Western Kern County
Fields, be removed from 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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Rules 425 and 413 control the emissions of NOX from stationary
gas turbine operations; rescinded Rule 425 controls emissions from
steam generators used in the oil production operations. NOX
emissions contribute to the production of ground level ozone and smog.
The rules were adopted as part of KCAPCD's and SMAQMD's 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 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). EPA's interpretation of these requirements,
which forms the basis for this action, appears in the NOX
Supplement (57 FR 55620) and various other 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. 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 has
issued alternative control technique documents (ACTs), that identify
alternative controls for all 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. However, 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 set forth
to ensure that submitted NOX RACT rules meet Federal RACT
requirements and are fully enforceable and strengthen or maintain the
SIP.
KCAPCD's submitted Rule 425, Cogeneration Gas Turbine Engines
(Oxides of Nitrogen), is a new rule that will control NOX
emissions from cogeneration gas turbines with rating equal to or
greater than 10 megawatts (MW) used in producing steam and generate
electric power for use in industrial and power utility operations. The
rule limits NOX emissions from units using selective catalytic
reduction (SCR) to 9 parts per million by volume (ppmv) when operated
on gaseous fuel and to 25 ppmv when operated on oil fuel. For the same
size units (i.e., Westinghouse 251B10) using dry low-NOX
combustors, the rule limits NOX emissions to 20 ppmv for units
operating on gaseous fuel and 42 ppmv for units operating on oil fuel.
The limits are corrected to 15 percent oxygen on dry basis.
SMAQMD's submitted Rule 413, Stationary Gas Turbines, is a new rule
that will control NOX emissions from cogeneration units with
ratings equal to or greater than 0.3 MW output, or 3 million BTU/hr
(MMBTU/hr) input used to generate electricity, supply steam for
industrial processes and provide heating supply for buildings. The rule
specifies emission limits of 42 ppmv (gas fired) and 65 ppmv (oil
fired) for units rated less than or equal to 2.9 MW and operating at
less than 877 hours per year. For all other units operating at greater
than or equal to 877 hours per year, the rule specifies the following
emission limits: (i) 25 ppmv (gas fired) and 65 ppmv (oil fired) for
units rated less than 10 MW; (ii) 15 ppmv (gas fired) and 42 ppmv (oil
fired) for units rated greater than 10 MW with no SCR; and (iii) 9 ppmv
(gas fired) and 25 ppmv (oil fired) for units rated greater than 10 MW
with SCR.
KCAPCD's Rule 425, Oxides of Nitrogen Emissions from Steam
Generators Used in Thermally Enhanced Oil Recovery--Western Kern County
Fields, was submitted to be removed from the SIP. This rule was adopted
to control NOX emissions from steam generators used in the oil
production at the western portion of Kern County. KCAPCD, at that time,
had jurisdiction over the San Joaquin Valley Air Basin and the
Southeast Desert Air Basin. However, on March 20, 1991, the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) was formed.
This newly formed unified district took over the responsibility and
authority over the San Joaquin Valley Air Basin which includes all of
the eight counties except the Southeast Desert Air Basin portion of
Kern County. As a result of the above delineation of geographical
boundaries, KCAPCD (Southeast Desert portion) ceased its authority over
the oil production operation at the western portion of Kern County.
Consequently, KCAPCD is rescinding Rule 425 because the sources subject
to this rule are no longer under its authority. The removal of Rule 425
from the SIP is consistent with EPA's policy requirements and removes
an extraneous rule that serves no purpose.
The California Air Resources Board (CARB) has issued a reasonably
available control technology/best available retrofit control technology
(RACT/BARCT) determination for stationary source gas turbines with a
rating of greater than or equal to 0.3 megawatts. The RACT limits are
42 ppmv for gas fired units and 65 ppmv for oil fired units. BARCT
limits for units with SCR are 9 ppmv and 25 ppmv for gas fired units
and oil fired units respectively. For units without SCR, the BARCT
limits are 15 ppmv (gas fired units) and 42 ppmv (oil fired units). The
limits in Rule 425 and Rule 413 exceed California and Federal RACT
limits by a significant margin.
In evaluating the rules, EPA must determine whether the requirement
for RACT implementation by May 31, 1995 is met. Under certain
circumstances, the determination of what constitutes RACT could include
consideration of advanced control technologies, i.e., California's
requirement for BARCT. In this case the CAA's May 1995 date for RACT
implementation may be satisfied
[[Page 7994]]
in BARCT rules that establish ``interim RACT'' by May 1995, and require
emission limitations based on advanced control technologies such as
BARCT be met after May 1995. Rule 425 and Rule 413 require final
compliance with BARCT limits by January 1997 and May 1997 respectively.
The rules also require that interim measures (submission of compliance
plans, and applying for authority to construct) be met by May 31, 1995
to ensure progress toward the final compliance. 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 Rule 425 and Rule 413, dated
November 28, 1995.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, KCAPCD's Rule 425, Cogeneration Gas Turbine Engines (Oxide
of Nitrogen), and SMAQMD's Rule 413, Stationary Gas Turbines 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. Furthermore, EPA is removing
applicable Rule 425 consistent with the requirements of sections 110
(l) and 193.
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.
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 April 30, 1996, unless, by April 1, 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 30, 1996.
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 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. 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. To the extent that the rules being approved by this
action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, 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: January 30, 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)(194)(i)(B)
(2) and (3) and (222)(i)(C)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(194)* * *
(i) * * *
(B) * * *
(2) Rule 425, adopted on August 16, 1993.
(3) Previously submitted to EPA on June 28, 1982 and approved in
the Federal Register on May 3, 1984 and now removed without
replacement, Rule 425.
* * * * *
(222) * * *
(i) * * *
(C) * * *
(2) Rule 413, adopted on April 6, 1995.
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[FR Doc. 96-4571 Filed 2-29-96; 8:45 am]
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