[Federal Register Volume 62, Number 116 (Tuesday, June 17, 1997)]
[Rules and Regulations]
[Pages 32691-32694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15846]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA105-0037a; FRL-5842-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; San Diego County Air Pollution
Control District; Yolo-Solano Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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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 the following Districts: San Diego County Air Pollution Control
District (SDCAPCD), and Yolo-Solano Air Quality Management District
(YSAQMD). These revisions concern the control of oxides of nitrogen
(NOX) from stationary gas turbine engines, industrial,
institutional, and commercial boilers, steam generators, and process
heaters. This approval action will
[[Page 32692]]
incorporate these rules into the Federally approved SIP. The intended
effect of approving 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 is finalizing the
approval of these revisions into the California SIP under provisions of
the CAA regarding EPA action on SIP submittals, SIPs for national
primary and secondary ambient air quality standards and plan
requirements for nonattainment areas.
DATES: This action is effective on August 18, 1997 unless adverse or
critical comments are received by July 17, 1997. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Comments must be submitted to Amy Beckberger at the Region
IV office listed below. 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:
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 95812.
San Diego County Air Pollution Control District 9150 Chesapeake Drive,
San Diego, CA 92123-1096.
Yolo-Solano Air Quality Management District 1947 Galileo Court, Suite
103 Davis, CA 95616.
FOR FURTHER INFORMATION CONTACT: Amy Beckberger, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415)
744-1191.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include: SDCAPCD's
Rule 69.3, Stationary Gas Turbine Engines; and YSAQMD's Rule 2.27,
Industrial, Institutional, and Commercial Boilers, Steam Generators,
and Process Heaters. These rules were submitted by the California Air
Resources Board (CARB) to EPA on October 19, 1994 (Rule 69.3), and
October 18, 1996 (Rule 2.27).
II. Background
On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA or
the Act) 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 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, 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
San Diego Area is classified as a serious nonattainment area for ozone,
and the Sacramento Metro Area, in which the YSAQMD is located, is
classified as a serious nonattainment area for ozone. 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\ The San Diego Area and the Sacramento Metro Area 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). The San
Diego Area was reclassified from severe to serious on February 21,
1995. See 60 FR 3771 (January 19, 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 techniques 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.
On October 19, 1994, the State of California submitted to EPA
SDCAPCD's Rule 69.3, Stationary Gas Turbine Engines, which was adopted
by SDCAPCD on September 27, 1994. On October 18, 1996, the State of
California submitted to EPA YSAQMD's Rule 2.27, Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters, which was revised by YSAQMD on August 14, 1996. On October 21,
1994 (Rule 69.3), and December 19, 1996 (Rule 2.27) these submitted
rules were found to be complete pursuant to EPA's completeness criteria
that are set forth in 40 CFR part 51, appendix V.2 In
today's document, EPA is taking direct final action to approve these
submittals. This final action will incorporate these rules into the
Federally approved 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. The two rules control emissions of NOX
from various industrial, institutional, and commercial sources. The
rules were adopted as part of SDCAPCD's and YSAQMD'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 final action for these rules.
III. 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 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.
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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 will be
determined for stationary sources of NOX emissions. While
most of the guidance issued by
[[Page 32693]]
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 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.
There is currently no version of SDCAPCD's Rule 69.3, Stationary
Gas Turbine Engines, in the SIP. Rule 69.3 applies to any existing or
new stationary gas turbine with a power rating greater than or equal to
1.0 megawatt (MW) or 0.3 MW, respectively. CARB 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 ppmv at 15% O2 for gas-fired
units and an emission limit of 65 ppmv at 15% O2 for oil-
fired units. The SDCAPCD's Rule 69.3 incorporates the RACT limits for
gas turbines and is consistent with all of the guideline'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 required 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 69.3, dated
April 3, 1997.
There is currently no version of YSAQMD's Rule 2.27, Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters, in the SIP. Rule 2.27 regulates NOX emissions from
boilers, steam generators, and process heaters with rated heat inputs
greater than or equal to 5 million BTU per hour. CARB has developed a
RACT/BARCT guidance document entitled, ``Determination of Reasonably
Available Control Technology and Best Available Retrofit Control
Technology for Industrial, Institutional, and Commercial Boilers, Steam
Generators, and Process Heaters.'' (July 18, 1991). The RACT limits
specified in CARB's guidance document are 70 ppm or 0.084 lb/MMBtu of
heat input and 115 ppm or 0.150 lb/MMBtu of heat input for units fired
with gaseous and nongaseous fuels. Rule 2.27's emission limits of 30
ppm for gas-fired and 40 ppm for nongaseous-fired units are
representative of CARB's BARCT limits, thereby meeting the CAA
requirements for RACT. The May 31, 1995 implementation requirements are
fulfilled by requiring that BARCT be implemented by June 1, 1998, and
that interim measures, including submission of compliance plans and
application for authority to construct, be met to ensure final
compliance with the rule. The rule meets EPA's RACT requirements, and
the exemptions provided in the rule are consistent with EPA guidelines.
The rule contains adequate recordkeeping requirements, and references
the appropriate test methods for determining compliance. 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 2.27, dated
April 3, 1997.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations and EPA policy. Therefore,
SDCAPCD's Rule 69.3, Stationary Gas Turbine Engines; and YSAQMD's Rule
2.27, Industrial, institutional, and Commercial Boilers, Steam
Generators, and Process Heaters 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.
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.
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 August 18, 1997, unless, by July 17, 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 August 18, 1997.
IV. Administrative Requirements
A. Executive Order 12866
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 E.O. 12866 review.
B. 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 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
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 impose any new requirements, the
Administrator certifies 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 flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of State action. The Clean Air Act forbids EPA to base
its
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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).
C. 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
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 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
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
D. 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).
E. 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 August 18, 1997. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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
rule 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, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compound.
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: June 4, 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 paragraphs (c)(202)(i)(C)(6)
and (241)(i)(B) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(202) * * *
(i) * * *
(C) * * *
(6) Rule 69.3, adopted on September 27, 1994.
* * * * *
(241) * * *
(i) * * *
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.27, revised on August 14, 1996.
[FR Doc. 97-15846 Filed 6-16-97; 8:45 am]
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