[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Rules and Regulations]
[Pages 18710-18712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9946]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 179-0029a; FRL-5697-1]
Approval and Promulgation of State Implementation Plans;
California State Implementation Plan Revision; Bay Area Air Quality
Management 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. The revisions concern rules from
the Bay Area Air Quality Management District (BAAQMD). 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, stationary internal combustion engines, stationary gas
turbines, and glass melting furnaces in the San Francisco Bay area. EPA
has evaluated the rules and is taking direct final action to approve
them under provisions of the CAA regarding EPA actions on SIP
submittals, and SIPs for national primary and secondary ambient air
quality standards. The rules are being approved into the SIP in
accordance with the area's ozone maintenance plan for redesignation to
attainment.
DATES: This action is effective on June 16, 1997 unless adverse or
critical comments are received by May 19, 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, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Bay Area Air Quality Management District, Rule Development Section, 939
Ellis Street, San Francisco, CA 94109.
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
This document addresses EPA's direct final action for the following
BAAQMD rules: Regulation 9, Rule 7, Nitrogen Oxides and Carbon Monoxide
from Industrial, Institutional, and Commercial Boilers, Steam
Generators, and Process Heaters; Regulation 9, Rule 8, Nitrogen Oxides
and Carbon Monoxide Emissions from Stationary Internal Combustion
Engines; Regulation 9, Rule 9--Nitrogen Oxides from Stationary Gas
Turbines; Regulation 9, Rule 11--Nitrogen Oxides and Carbon Monoxide
from Utility Electric Power Generating Boilers; and Regulation 9, Rule
12, Nitrogen Oxides from Glass Melting Furnaces.
These BAAQMD rules were adopted on September 15, 1993, January 20,
1993, September 21, 1994, November 15, 1995 and January 19, 1994,
respectively. They were submitted by the State of California on July
23, 1996. The rules were found to be complete on January 17, 1997,
pursuant to EPA's completeness criteria that are set forth in 40 CFR
part 51, Appendix V.1 EPA is taking direct final action to approve
all five rules into the SIP.
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\1\ 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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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 notice of proposed rulemaking 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 November 25, 1992 document 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.2
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\2\ The San Francisco Bay Area was designated as a moderate
nonattainment area for ozone, and 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).
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[[Page 18711]]
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.
NOX emissions contribute to the production of ground level
ozone and smog. The five BAAQMD rules control emissions of NOX
from commercial and industrial boilers, steam generators, and process
heaters; stationary internal combustion engines; stationary gas
turbines; electric power generating boilers; and glass melting
furnaces. The rules were adopted as part of the BAAQMD's efforts to
achieve the National Ambient Air Quality Standard for ozone, as well as
to satisfy the mandates of the California State Clean Air Act
requirements. They were submitted in response to the CAA requirements
cited above.
However, subsequent to the complete submittal of the BAAQMD
NOX rules pursuant to the CAA, the district applied for an
exemption from the NOX RACT requirements pursuant to section
182(f)(3). The BAAQMD's exemption request was submitted along with
amendments to the BAAQMD's request for redesignation to attainment of
the ozone standard. The basis for the BAAQMD's exemption request was
that the area had achieved the ozone standard, as demonstrated by three
years of monitoring data, without having implemented the NOX
measures. While the BAAQMD had adopted and submitted the measures in
response to both the State and Federal requirements, the emission
reductions obtained by the rules would not occur until full
implementation in the future. The district was able to demonstrate with
three years of monitoring data that the Federal ozone standard was
reached without having implemented the NOX control measures.
Subsequently, EPA evaluated the exemption request and published an
approval for the BAAQMD's petition for a NOX RACT exemption on May
22, 1995 (60 FR 27028).
While the BAAQMD was no longer required to submit NOX RACT
rules pursuant to section 182(b)(2), the BAAQMD incorporated several of
the previously submitted NOX rules as contingency measures in its
ozone maintenance plan as a requirement for redesignation to
attainment. Since being redesignated to attainment of the ozone
standard,3 the Bay Area has recorded violations of the Federal
ozone standard, therefore triggering the contingency measures of the
maintenance plan. In accordance with the redesignation maintenance
plan, and at the request of the BAAQMD, EPA is incorporating the
NOX measures into the SIP. The BAAQMD resubmitted the contingency
measures being acted on in this document on July 23, 1996. This action
encompasses part of the measures identified in the plan as contingency
measures.
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\3\ See 60 FR 27028 (May 22, 1995).
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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). The EPA interpretation of these requirements,
which forms the basis for this action, appears in the NOX
Supplement and various 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. However, because these measures are being
incorporated into the SIP as maintenance measures for the area's
redesignation plan, the rules are not being evaluated for meeting the
RACT emission limits pursuant to section 182(f) of the CAA. Rather, the
rules are being incorporated into the SIP as attainment maintenance
measures for ozone. They are therefore being evaluated against the
emissions reductions committed to in the maintenance plan, and SIP
enforceability guidelines.
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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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EPA is approving these measures, although some areas for
improvement have been identified. Refer to the technical support
document, dated January 24, 1997, for further analysis of the rules and
areas identified for improvement. The BAAQMD rules will strengthen and
maintain the SIP and together are estimated to achieve 32.4-34 tons per
day of NOX emissions upon full implementation. EPA has evaluated
the submitted rules and has determined that they are consistent with
the CAA, EPA regulations and EPA policy. Therefore, all five rules are
being approved under section 110(k)(3) of the CAA as meeting the
applicable requirements of section 110(a) 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 June 16, 1997, unless, by May 19, 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 June 16, 1997.
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 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
[[Page 18712]]
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 direct 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.
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 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).
Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under 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 has exempted this
regulatory action from review under Executive Order 12866.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule 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 rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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: February 6, 1997.
Felicia Marcus,
Regional Administrator.
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 paragraph (c)(239)(i)(D) to
read as follows:
Sec. 52.220 Identification of Plan.
* * * * *
(c) * * *
(239) * * *
(i) * * *
(D) Bay Area Air Quality Management District.
(1) Regulation 9, Rule 7, adopted on September 15, 1993; Regulation
9, Rule 8, adopted on January 20, 1993; Regulation 9, Rule 9, adopted
on September 21, 1994; Regulation 9, Rule 11, adopted on November 15,
1995; Regulation 9, Rule 12, adopted on January 19, 1994.
* * * * *
[FR Doc. 97-9946 Filed 4-16-97; 8:45 am]
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