[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15271-15273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7210]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 32-3-6502; FRL-5177-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: EPA is proposing a limited approval and limited disapproval of
revisions to the California State Implementation Plan (SIP) for ozone.
These revisions concern the control of oxides of nitrogen (NOX)
from stationary gas turbines. The intended effect of proposing limited
approval and limited disapproval of this rule is to regulate emissions
of NOX in accordance with the requirements of the Clean Air Act,
as amended in 1990 (CAA or the Act). EPA's final action on this notice
of proposed rulemaking will incorporate this rule into the Federally
approved SIP. EPA has evaluated this rule and is proposing a
simultaneous limited approval and limited disapproval under provisions
of the CAA regarding EPA actions on SIP submittals and general
rulemaking authority because these revisions, while strengthening the
SIP, also do not fully meet the CAA provisions regarding plan
submissions and requirements for nonattainment areas.
DATES: Comments on this proposed action must be received in writing on
or before April 24, 1995.
ADDRESSES: Comments may be mailed to: 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.
Copies of the rule and EPA's evaluation report of the rule are
available for public inspection at EPA's Region IX office during normal
business hours. Copies of the submitted rule are also available for
inspection at the following locations:
[[Page 15272]] California Air Resources Board, Stationary Source
Division, Rule Evaluation Section, 2020 ``L'' Street, Sacramento, CA
95814.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-
1200.
SUPPLEMENTARY INFORMATION:
Applicability
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. This rule was submitted by the
California Air Resources Board (CARB) on December 31, 1990.
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 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 preliminary guidance on the
requirements of section 182(f). 57 FR 55620. The November 25, 1992
notice 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 compound (VOC)
emissions, in moderate or above ozone nonattainment areas. The Los
Angeles-South Coast Air Basin is classified as extreme;1 therefore
this area was subject to section 182(f), the RACT requirements of
section 182(b)(2), and the November 15, 1992 deadline, cited below.
\1\The Los Angeles-South Coast Air Basin 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).
---------------------------------------------------------------------------
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 SCAQMD Rule 1134,
Emissions of Oxides of Nitrogen from Stationary Gas Turbines. The
SCAQMD adopted Rule 1134 on August 4, 1989 and the rule was submitted
by the CARB on December 31, 1990. This submitted rule was found to be
complete on February 28, 1991 pursuant to EPA's completeness criteria
that are set forth in 40 CFR Part 51 Appendix V2 and is being
proposed for limited approval and limited disapproval.
\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).
---------------------------------------------------------------------------
Rule 1134 controls emissions of NOX from the operation of gas
turbines of 0.3 megawatt and larger. NOX emissions contribute to
the production of ground level ozone and smog. The rule was adopted as
part of SCAQMD'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 proposed action for
this rule.
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 the NOX
Supplement (57 FR 55620) and 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); 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).
---------------------------------------------------------------------------
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 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.
Rule 1134 is a new rule which was adopted to control emissions from
stationary gas turbines. For this source category, CARB has made a
determination on the emission levels that constitute both RACT and best
available retrofit control technology (BARCT). BARCT emission levels
are generally more stringent than RACT levels, and CARB has published a
guidance document concerning their determination for this source
category. Sources subject to Rule 11344 are required to meet BARCT
emission limits and to use continuous emissions monitoring systems
(CEMS). EPA agrees that the limits incorporated in Rule 1134 meet
Federal RACT levels, and are consistent with the Agency's guidance and
policy for making RACT determinations in terms of general cost-
effectiveness, emission reductions, and environmental impacts.
\4\Rule 1134 will apply to sources which are not covered in the
SCAQMD NOX RECLAIM program.
---------------------------------------------------------------------------
Although SCAQMD Rule 1134 will strengthen the SIP, the rule
contains deficiencies related primarily to the lack [[Page 15273]] of
Federal enforceability. These deficiencies include Executive Officer
discretion in approving CEMS, lack of test methods, and lack of
monitoring requirements to demonstrate exemption eligibility. A more
detailed discussion of the sources controlled, the controls required,
justification for why these controls represent RACT, and the rule
deficiencies can be found in the Technical Support Document (TSD),
which is available from the U.S. EPA, Region IX office. Because of the
rule deficiencies, Rule 1134 is not approvable pursuant to section
182(a)(2), section 182(b)(2), section 182(f) and part D of the CAA,
because it is not consistent with the interpretation of section 172 of
the 1977 CAA as found in the Blue Book and may lead to rule
enforceability problems.
Because of the above deficiencies, EPA cannot grant full approval
of this rule under section 110(k)(3) and part D. Also, because the
submitted rule is not composed of separable parts which meet all the
applicable requirements of the CAA, EPA cannot grant partial approval
of the rule under section 110(k)(3). However, EPA may grant a limited
approval of the submitted rule under section 110(k)(3) in light of
EPA's authority pursuant to section 301(a) to adopt regulations
necessary to further air quality by strengthening the SIP. The approval
is limited because EPA's action also contains a simultaneous limited
disapproval. In order to strengthen the SIP, EPA is proposing a limited
approval of SCAQMD's submitted Rule 1134 under sections 110(k)(3),
301(a), and 182(f) of the CAA.
At the same time, EPA is also proposing a limited disapproval of
this rule because it contains deficiencies which must be corrected in
order to fully meet the requirements of section 182(a)(2), 182(b)(2),
182(f), and part D of the CAA. Under section 179(a)(2), if the
Administrator disapproves a submission under section 110(k) for an area
designated nonattainment, based on the submission's failure to meet one
or more of the elements required by the Act, the Administrator must
apply one of the sanctions set forth in section 179(b) unless the
deficiency has been corrected within 18 months of such disapproval.
Section 179(b) provides two sanctions available to the Administrator:
Highway funding and offsets. The 18 month period referred to in section
179(a) will begin on the effective date of EPA's final limited
disapproval. Moreover, the final disapproval triggers the Federal
implementation plan (FIP) requirement under section 110(c). It should
be noted that the rule covered by this NPRM has been adopted by the
SCAQMD and is currently in effect in the SCAQMD. EPA's limited
disapproval action will not prevent SCAQMD or EPA from enforcing this
rule.
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.
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.
Limited approvals under section 110 and 301 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, 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).
The Office of Management and Budget has waived 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, Nitrogen
dioxide, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: March 8, 1995.
John Wise,
Acting Regional Administrator.
[FR Doc. 95-7210 Filed 3-22-95; 8:45 am]
BILLING CODE 6560-50-P
