[Federal Register Volume 64, Number 75 (Tuesday, April 20, 1999)]
[Rules and Regulations]
[Pages 19277-19281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9712]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 164-0112a; FRL-6324-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Sacramento Metropolitan Air Quality
Management District (SMAQMD), Mojave Desert Air Quality Management
District (MDAQMD), and the Ventura County Air Pollution Control
District (VCAPCD) as Revisions to the California State Implementation
Plan (SIP)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rules.
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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 Sacramento Metropolitan Air Quality Management District (SMAQMD),
Mojave Desert Air Quality Management District (MDAQMD), and the Ventura
County Air Pollution Control District (VCAPCD) as revisions to the
California State Implementation Plan (SIP). SMAQMD's Rule 414 controls
emissions of oxides of nitrogen from natural gas-fired water heaters;
MDAQMD's Rule 1157 controls emissions from boilers and process heaters;
and VCAPCD's Rule 74.16 controls emissions of oxides of nitrogen from
oilfield drilling operations. This approval action will incorporate
these rules into the Federally approved SIP. The intended effect of
approving of 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). Thus, EPA is finalizing the
approval of these revisions into the California SIP 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: These rules are effective on June 21, 1999 without further
notice, unless EPA receives adverse comments by May 20, 1999. If EPA
receives such comments, then it will publish a timely withdrawal in the
Federal Register informing the public that these rules will not take
effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel at the
Region IX office listed below. 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 Office, AIR-4, Air 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 95812.
Sacramento Metropolitan Air Quality Management District (SMAQMD), 8475
Jackson Rd., Suite 200, Sacramento, CA 95826-3904.
Mojave Desert Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
Ventura County Air Pollution Control District (VCAPCD), 800 South
Victoria Avenue, Ventura, CA 93009.
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 94105-3901. Telephone: (415) 744-
1185.
[[Page 19278]]
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include: SMAQMD's
Rule 414, Natural Gas-fired Water Heaters; MDAQMD's Rule 1157, Boilers
and Process Heaters; and VCAPCD's Rule 74.16, Oilfield Drilling
Operations. SMAQMD's Rule 414 was submitted by the State of California
to EPA on March 10, 1998, MDAQMD's Rule 1157 on August 1, 1997 and
VCAPCD Rule 74.16 on April 5, 1991.
II. Background
On November 15, 1990, the Clean Air Act Amendments of 1990 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 Clean Air Act.
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.
Sacramento Metropolitan Air Quality Management District (SMAQMD),
Mojave Desert Air Quality Management District (MDAQMD), and the Ventura
County Air Pollution Control District (VCAPCD) are classified as
serious or above;1 therefore these areas are subject to the
RACT requirements of section 182(b)(2) cited below and the November 15,
1992 deadline.
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\1\ MDAQMD AND VCAPCD areas retained their designation 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).
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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 direct final action for SMAQMD's Rule
414, Natural Gas-fired Water Heaters; MDAQMD's Rule 1157, Boilers and
Process Heaters; and VCAPCD's Rule 74.16, Oilfield Drilling Operations.
The State of California submitted many revised RACT rules to EPA
for incorporation into its SIP on March 10, 1998, including SMAQMD's
Rule 414. MDAQMD's Rule 1157 was submitted on August 1, 1997 and
VCAPCD's Rule 74.16 on April 5, 1991. Rule 414 was found to be complete
on May 21, 1998, Rule 1157 on September 30, 1997, and Rule 74.16 on May
21, 1991; 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.
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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. SMAQMD's Rule 414 controls emissions of oxides of
nitrogen from natural gas-fired water heaters; MDAQMD's Rule 1157
controls emissions from boilers and process heaters; and VCAPCD's Rule
74.16 controls emissions of oxides of nitrogen from oilfield drilling
operations. These rules were originally adopted as part of Districts'
efforts to achieve the National Ambient Air Quality Standard (NAAQS)
for ozone, and in response to the CAA requirements cited above. The
following is EPA's evaluation and final action for these rules.
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 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) has developed guidance
documents determining Reasonably Available Control Technology and Best
Available Retrofit Control Technology. EPA has used CARB's guidance
documents in evaluating Sacramento Rule MDAQMD 1157, Emissions from
Boilers and Process Heaters; and VCAPCD's Rule 74.16, Oilfield Drilling
Operations for consistency with the CAA's RACT requirements.
There is currently no version of SMAQMD's Rule 414, Natural Gas-
fired Water Heaters, in the SIP. SMAQMD's Rule 414, Natural Gas-fired
Water Heaters, establishes nitrogen oxide emissions for natural gas-
fired water heaters with rated heat input of less than 75,000 Btu/hr.
[[Page 19279]]
There is currently no version of MDAQMD's Rule 1157, Boilers and
Process Heaters, in the SIP. MDAQMD's Rule 1157, Boilers and Process
Heaters, establishes RACT emission requirements for oxides of nitrogen
(NOX) and carbon monoxide (CO) emissions for all new and
existing institutional and industrial boilers, steam generators and
process heaters with rated heat inputs of greater than or equal to five
million Btu per hour (MMBtu/hr), located within the Federal Ozone Non-
attainment Area of San Bernardino County. The Rule also establishes
Best Available Retrofit Control Technologies (BARCT) emission
requirements for any existing unit currently permitted to emit more
than five (5) tons per day, or more than 250 tons per year of oxides of
nitrogen (NOX).
There is currently no version of VCAPCD's Rule 74.16, Oilfield
Drilling Operations, in the SIP. VCAPCD's Rule 74.16, Oilfield Drilling
Operations, establishes nitrogen oxide emissions limits for stationary
internal combustion engines of 50 HP and larger oilfield drilling
operations. The rule will require drilling rigs to be electrically
powered unless the installation of utility electricity is not cost
effective based upon Best Available Control Technology (BACT)
Guidelines.
The submitted rules include the following provisions:
General provisions including applicability, exemptions,
and definitions.
Exhaust emissions standards for oxides of nitrogen
(NOX).
Compliance 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. SMAQMD's Rule 414, MDAQMD's
Rule 1157 and VCAPCD's Rule 74.16 strengthen the SIP through the
addition of enforceable measures such as record keeping, test methods,
definitions, and more stringent and achievable emissions limits.
Incorporation of the amended Rules, SMAQMD's Rule 414, MDAQMD's Rule
1157 and VCAPCD's Rule 74.16, into the SIP would decrease the
NOX emissions allowed by the SIP.
In evaluating the rules, 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. The submitted rules, SMAQMD Rule 414, MDAQMD
Rule 1157 and VCAPCD Rule 74.16, conform with the CARB Determination of
Reasonably Available Control Technology (RACT) and Best Available
Retrofit Control Technology (BARCT) for Control of Oxides of Nitrogen
and they conform with Section 182(b).
A detailed discussion of the sources controlled, the controls
required, and justification for why these controls represent RACT can
be found in the Technical Support Documents (TSDs) for SMAQMD's Rule
414, MDAQMD's Rule 1157 and VCAPCD's Rule 74.16, dated November 6, 1998
which are available from the U.S. EPA Region IX office.
EPA has evaluated the submitted rules and has determined them
consistent with the CAA, EPA regulations and EPA policy. Therefore,
SMAQMD's Rule 414, Emissions of Oxides of Nitrogen from Natural Gas-
fired Water Heaters; MDAQMD's Rule 1157, Boilers and Process Heaters;
and VCAPCD's Rule 74.16, Oilfield Drilling Operations 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.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective June 21, 1999
without further notice unless the Agency receives adverse comments by
May 20, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on this rule. Any
parties interested in commenting on this rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 21, 1999 and no further action will be
taken on the proposed rule.
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 Executive Order 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,
Executive Order 12875 requires EPA to provide to the Office of
Management and Budget 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, Executive Order 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 rules do not create a mandate on State, local or tribal
governments. The rules do not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to these rules.
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 rules on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. These rules do not subject to E.O. 13045 because
[[Page 19280]]
they do not involve decisions intended to mitigate environmental health
or safety risks.
D. Executive Order 13084
Under Executive Order 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, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, 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, Executive Order 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
rules do 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 these rules.
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. These final rules 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 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.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these rules and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rules in the Federal Register. These rules are
not ``major'' rules as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 21, 1999. Filing a
petition for reconsideration by the Administrator of these final rules
does not affect the finality of these rules for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rules or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(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 record keeping 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: April 1, 1999.
Felicia Marcus,
Regional Administrator, Region IX.
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 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs
(c)(183)(i)(B)(4), (248)(i)(D), and (254)(i)(I), to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(183) * * *
(i) * * *
(B) * * *
(4) Rule 74.16, adopted January 8, 1991.
* * * * *
(248) * * *
(i) * * *
(D) Mojave Desert Air Quality Management District.
(1) Rule 1157, amended May 19, 1997.
* * * * *
(254) * * *
(i) * * *
(I) Sacramento Metropolitan Air Quality Management District.
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(1) Rule 414, adopted August 1, 1996.
* * * * *
[FR Doc. 99-9712 Filed 4-19-99; 8:45 am]
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