[Federal Register Volume 61, Number 84 (Tuesday, April 30, 1996)]
[Rules and Regulations]
[Pages 18959-18962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10566]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA153-2-7274a FRL-5459-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Ventura County Air Pollution
Control District; Sacramento Metropolitan Air Quality Management
Division; Placer County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
[[Page 18960]]
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 Ventura County Air Pollution Control District (VCAPCD), the
Sacramento Metropolitan Air Quality Management Division (SMAQMD), and
the Placer County Air Pollution Control District (PCAPCD). This
approval action will incorporate three 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 natural gas-fired
central furnaces, stationary internal combustion engines, and biomass
boilers.
DATES: This action is effective on July 1, 1996, unless adverse or
critical comments are received by May 30, 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 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 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,
S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Ventura County Air Pollution Control District, Rule Development
Section, 669 County Square Drive, Ventura, CA 93003.
Sacramento Metropolitan Air Quality Management District, Rule
Development Section, 8411 Jackson Road, Sacramento, CA 95826.
Placer County Air Quality Management District, Rule Development, 11464
B. Avenue, Auburn, CA 95603.
FOR FURTHER INFORMATION CONTACT: Wendy Colombo, 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) 744-1202.
Applicability
This notice addresses EPA's direct final action for the following
rules:
VCAPCD, Rule 74.22, Natural Gas-Fired, Central Fan- Type
Furnaces;
SMAQMD, Rule 412, Stationary Internal Combustion Engines
Located at Major Stationary Sources; and
PCAPCD, Rule 233, Biomass Boilers.
The rules were adopted by the districts, submitted by the State of
California, and found complete pursuant to EPA's completeness criteria
set forth in 40 CFR Part 51 Appendix V \1\ on the following dates:
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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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Rule 74.22--November 9, 1993; February 11, 1994; April 11,
1994.
Rule 412--June 1, 1995; June 23, 1995; June 30, 1995.
Rule 233--October 6, 1994; October 19, 1994; October 21,
1995.
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 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 Sacramento Metropolitan Area (including
part of Placer County) and the Ventura County Area are classified as a
severe nonattainment areas for ozone.\2\. Both areas are subject to the
RACT requirements of section 182(b)(2), cited above.
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\2\ The Sacramento Metropolitan (including Placer) and Ventura
areas were designated nonattainment and 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 Metropolitan 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 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 three rules control emissions of NOX from
various industries used in a wide variety of applications. The rules
were adopted as part of the VCAPCD's, SMAQMD's, and PCAPCD's efforts to
achieve and maintain the National Ambient Air Quality Standards (NAAQS)
for ozone. All three rules are required to satisfy the mandates of the
Clean Air Act requirements, and were submitted pursuant to the CAA
requirements cited above.
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 interpretations of these requirements,
which form the basis for this action, appear in the NOX Supplement
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.
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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 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 should be determined for
major stationary sources of NOX emissions. The document sets RACT
emission levels specifically for electric utility boilers. For all
other source
[[Page 18961]]
categories, EPA expects States/Districts to establish RACT levels
comparable to those levels for utility boilers taking into account
cost, cost-effectiveness, and emission reductions.
While most of the guidance issued by EPA (previous to the NOX
Supplement) 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 techniques documents (ACTs),
that identify alternative controls for most 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. While providing guidance and
information for States to use in making RACT determinations, 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 issued by EPA to ensure that submitted NOX
RACT rules are fully enforceable and strengthen or maintain the SIP.
Placer Rule 233 sets NOX limits at 115 parts per million (ppm)
corrected to 12% carbon dioxide (0.2096 pounds per million British
Thermal Units (lb/MMBTU)). This limit corresponds to 162 ppm corrected
to 3% oxygen. The district believes this limit meets RACT because it is
similar to the RACT limits that EPA has set for electric utility
boilers (0.20-0.50 lb/MMBTU). The district set the limits based on
current emission limitations at existing facilities in Placer county,
and is not expecting to achieve any further emissions reductions as a
result of adopting this rule. Additionally, there will be no additional
costs incurred by the sources subject to this rule as a result of its
adoption.
The California Air Resources Board RACT/BARCT Guidance 4
document for institutional, commercial, and industrial boilers suggests
a RACT limit of 70 ppm corrected to 3% O2 for such units fired
with gaseous fuel and 115-150 ppm for units fired with fuels other than
gas. EPA established RACT levels for electric utility boilers and
recommended for other source categories that States/Districts make RACT
determinations comparable to those EPA established for electric utility
boilers. This comparability should be based on several factors
including cost, cost-effectiveness, and emission reductions. Because of
the variability in application, equipment, and input and output
characteristics of different NOX source categories, comparability
cannot easily be done solely by comparing the emissions rates. That is
why EPA suggests that RACT levels should be made in comparison to the
limits set for electric utility boilers using the factors cited above.
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\4\ Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters (RACT/BARCT guidance for ICI boilers), California Air
Resources Board, July 18, 1991.
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EPA does not necessarily agree that the limits in Rule 233
represent what would generally be considered RACT for this source
category, even though the emissions rates are similar to those set for
utility boilers. However, EPA recognizes that the two sources covered
by this rule are already applying NOX reduction technology
according to their permits (district and federal). One source is
permitted at 54 ppm at 12% CO2 and the other at 115 ppm at 12%
CO2. Because these sources are currently utilizing NOX
controls, EPA believes the cost of achieving additional small
reductions of NOX to meet the general RACT limits would be cost
prohibitive. In addition, PCAPCD is not claiming any emissions
reductions in their Federal ozone attainment plan for Rule 233 and has
submitted the rule for incorporation into the SIP to prevent any
NOX emissions increases from this source category. Therefore, EPA
agrees that in this circumstance the limits set in Rule 233 for these
sources satisfies the RACT requirements of the CAA.
Ventura Rule 74.22 sets NOX emission levels at 40 nanograms
per joule of heat output (ng/J). This limit represents a 75% average
reduction from typical natural-gas fired furnaces and will be achieved
from new units being purchased and installed. The limit was chosen so
as not to require homeowners or businesses to modify furnace enclosures
when replacing existing furnaces in order to keep the costs
appropriate. The VCAPCD estimates the cost of compliance at
approximately $2.24 per pound of NOX reduced, and expects the rule
to achieve reductions of 1.5 tons per day. Final compliance is required
by May 31, 1994.
Sacramento Rule 412 sets limits for RACT and BARCT in the rule. The
RACT levels are set at 50/125/700 ppm for rich burn, lean burn, and
diesel engines, respectively. The BARCT limits are set at 25/65/80 ppm
for rich, lean, and diesel engines, respectively. The rule is
structured to allow exemptions from compliance with the emissions
limits for some units which operate at annual levels that the control
of which would not be cost-effective. The rule is expected to achieve
reductions of 2.2 tons per year. RACT is required to be implemented by
July 1, 1995.
EPA is incorporating these rules into the SIP because they
strengthen the SIP through the addition of enforceable measures such as
NOX emission limits, recordkeeping, test methods, definitions, and
compliance tests. EPA believes all three rules for these source
categories in each district satisfy the RACT requirements of the CAA. A
more detailed discussion of the sources controlled, the controls
required, and the analysis of how these controls meet RACT can be found
in the Technical Support Document (TSD) and its attachments, dated
November 1995.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations and EPA policy. All three
rules are new rules establishing RACT for their particular category,
and contain implementation dates consistent with the CAA and EPA's
policy. Therefore, all three are being approved under section 110(k)(3)
of the CAA as meeting the 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 July 1, 1996, unless, by May 30, 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
[[Page 18962]]
received, the public is advised that this action will be effective July
1, 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 impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over population of less than
50,000.
SIP approvals under sections 110 and 301(a) 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 any small entities
affected. 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. 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 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, 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: April 1, 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)(195)(i)(B),
(202)(E)(i)(2), and (222)(i)(C)(3) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(195) * * *
(i) * * *
(B) Ventura County Air Pollution Control District.
(1) Rule 74.22, adopted on November 9, 1993.
* * * * *
(202) * * *
(i) * * *
(E) * * *
(2) Rule 233, adopted on October 6, 1994.
* * * * *
(222) * * *
(i) * * *
(C) * * *
(3) Rule 412, adopted on June 1, 1995.
* * * * *
[FR Doc. 96-10566 Filed 4-29-96; 8:45 am]
BILLING CODE 6560-50-W
