[Federal Register Volume 60, Number 78 (Monday, April 24, 1995)]
[Proposed Rules]
[Pages 20066-20068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10059]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 78-1-6814; FRL-5195-7]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Placer County Air Pollution Control
District and Ventura County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: EPA is proposing to approve revisions to the California State
Implementation Plan (SIP) for ozone which concern the control of oxides
of nitrogen (NOX) from gas turbines and internal combustion
engines. The intended effect of proposing approval of 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). EPA's final
action on this notice of proposed rulemaking will incorporate these
rules into the federally approved SIP. EPA has evaluated these rules
and is proposing to approve them under provisions of the CAA regarding
EPA actions on SIP submittals, SIPs for national primary and secondary
ambient air quality standards, and plan requirements for nonattainment
areas.
DATES: Comments on this proposed action must be received in writing on
or before May 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 9, 75 Hawthorne Street, San Francisco, CA 94105-3901.
Please refer to document number CA 78-1-6814 in all correspondence.
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:
[[Page 20067]] California Air Resources Board, Stationary Source
Division, Rule Evaluation Section, 2020 ``L'' Street, Sacramento, CA
95814.
Placer County Air Pollution Control District, 11464 B Avenue, Auburn,
CA 95603.
Ventura County Air Pollution Control District, 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.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being proposed for approval into the California SIP
include: Placer County Air Pollution Control District's (PCAPCD) Rule
250, ``Stationary Gas Turbines,'' and Ventura County Air Pollution
Control District's (VCAPCD) Rule 74.9, ``Stationary Internal Combustion
Engines.'' These rules were submitted by the California Air Resources
Board (ARB) to EPA on March 29, 1994 (Rule 74.9) and October 19, 1994
(Rule 250).
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 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 Placer County part of
the Sacramento Metro Area is classified as serious, and the Ventura
County area is classified as severe;1 therefore these areas were
subject to the RACT requirements of section 182(b)(2), cited below, and
the November 15, 1992 deadline.
\1\The Sacramento Metro 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 56 FR 56694 (November 6, 1991).
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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.
This document addresses EPA's proposed action for PCAPCD's Rule
250, ``Stationary Gas Turbines,'' and VCAPCD's Rule 74.9, ``Stationary
Internal Combustion Engines.'' Rule 250 was adopted by the PCAPCD on
October 17, 1994, and Rule 74.9 was adopted by the VCAPCD on December
21, 1993. These submitted rules were found to be complete on June 3,
1994 (Rule 74.9) and October 21, 1994 (Rule 250) pursuant of EPA's
completeness criteria that are set forth in 40 CFR part 51, appendix
V2 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. Rule 250 controls NOX emission from gas turbines,
and Rule 74.9 controls NOX, carbon monoxide (CO), and VOC
emissions from internal combustion engines. The rules were adopted as
part of PCAPCD's and VCAPCD'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 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
gas turbines entitled, ``Determination of Reasonably Available Control
Technology and Best Available Retrofit Control Technology for the
Control of Oxides of Nitrogen from Stationary Gas Turbines'' (May 18,
1992). The guidance document defines RACT as an emission limit of 42
parts per million volume (ppmv) for gas-fired units and an emission
limit of 65 ppmv for oil-fired units. BARCT for gas-fired units is
defined as an emission limit of 42 ppmv for 0.3 to 2.9 Megawatt (MW)
units, 25 ppmv for 2.9 to 10 MW units, 9 ppmv for units greater than 10
MW using selective catalytic reduction (SCR), and [[Page 20068]] 15
ppmv for units greater than 10 MW not using SCR. The corresponding
emission limits for oil-fired units are 65 ppmv, 65 ppmv, 25 ppmv, and
42 ppmv, respectively. PCAPCD's Rule 250 incorporates the BARCT limits
for gas turbines and is consistent with all of the guidance's other
requirements. The rule contains adequate recordkeeping requirements,
and the appropriate test methods for compliance determinations are
referenced. The exemptions provided in the rule are consistent with EPA
guidelines. The rule requires final compliance by May 31, 1995. 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 Document (TSD) for Rule 250, dated
November 28, 1994.
The NOX limits suggested by the California Air Resources Board
(ARB) as RACT for IC engines rated at 50 brake horsepower or more are
50 ppmv (90% reduction) for rich-burn engines, 125 ppmv (80% reduction)
for lean-burn engines, and 610 ppmv for diesel engines. These limits
were recommended using information regarding average, actual,
uncontrolled levels and previous regulatory control in Ventura County,
the South Coast Basin, and Santa Barbara County. EPA agrees that these
limits are consistent with the Agency's guidance and policy for making
RACT determinations in terms of general cost-effectiveness, emission
reductions, and environmental impacts.
VCAPCD's Rule 74.9 has already been incorporated into the SIP and
its RACT limits are consistent with those recommended by the California
ARB. However, this most recent submittal includes the following
significant changes from the current SIP:
1. The provisions of the rule now apply to IC engines rated at 50
hp and above, operating on any gaseous fuel, including liquid petroleum
gas (LPG) or diesel fuel.
2. The NOX emission standards for rich-burn engines and lean-
burn engines have been reduced to 25 ppmv and 45 ppmv, respectively.
Rich-burn engines and lean-burn engines that operate on waste gas are
no longer exempt from the rule and must comply with the rule's old
emission limits of 50 ppmv and 125 ppmv, respectively. An 80 ppmv
standard for diesel engines and emission limits for CO and VOCs have
also been added to the rule.
3. The rule prohibits the discharge of ammonia in excess of 20 ppmv
from any emission control device.
4. The provisions allowing groups of operators to combine their
engines and resources and be considered a single operator have been
deleted.
5. The provisions allowing the results from NOX control
demonstration projects on lean-burn engines in other counties, to be
used by sources in the VCAPCD to satisfy the requirements of the rule,
have been deleted.
6. The Cost-Effectiveness Certification provision has been deleted
since it is no longer necessary.
7. The rule now requires annual reports of fuel usage, source test
results, and other operational data about each engine before permit
renewal.
8. The Special Circumstances provisions that allow variances from
the rule have been deleted. EPA Method 20 with the District's
modifications is no longer used for compliance determinations.
9. The rule's definitions and exemptions have been updated.
The California ARB is in the process of adopting the more stringent
emission standards of Rule 74.9 as BARCT for IC engines. 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 Document (TSD) for Rule 74.9, dated
December 5, 1994.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations and EPA policy. Therefore,
PCAPCD's Rule 250, ``Stationary Gas Turbines,'' and VCAPCD Rule 74.9,
``Stationary Internal Combustion Engines,'' are being proposed for
approval 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\VCAPCD's Rule 74.9 references California ARB Method 100,
which has been cited for certain deficiencies by the Emissions
Measurement Branch. The California ARB has committed to correcting
these deficiencies, and final approval of Rule 74.9 is contingent on
these corrections.
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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. 7410(a)(2).
The OMB has exempted this regulatory action from review under
Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements, Volatile organic compound.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 12, 1995.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-10059 Filed 4-21-95; 8:45 am]
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