[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18326]
[Federal Register: July 28, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OAQPS # CA 37-10-6201; FRL-5021-7]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, 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. These revisions concern the
control of oxides of nitrogen (NOX) from boilers, steam
generators, process heaters, and oilfield drilling operations. The
intended effect of proposing approval 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).
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 August 29, 1994.
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. Please
refer to document number CA 37-10-6201 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:
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Ventura County Air Pollution Control District, 800 South Victoria
Avenue, Ventura, CA 93009.
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, Telephone:
(415) 744-1191.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being proposed for approval into the California SIP
include: Ventura County Air Pollution Control District's (VCAPCD) Rule
74.15, ``Boilers, Steam Generators and Process Heaters,'' and Rule
74.16, ``Oilfield Drilling Operations.'' These rules were submitted by
the California Air Resources Board (ARB) to EPA on April 5, 1991 (Rule
74.16) and June 19, 1992 (Rule 74.15).
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 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
November 25, 1992, notice should be referred to for further information
on the NOX requirements and is incorporated into this proposal 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 Ventura
County Area is classified as severe;\1\ therefore this area was subject
to the RACT requirements of section 182(b)(2), cited above, including
the November 15, 1992 deadline.
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\1\The Ventura County Area retained its designation of
nonattainment and was 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).
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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.
The State of California submitted the rules being acted on in this
document on April 5, 1991, and June 19, 1992. This document addresses
EPA's proposed action for VCAPCD's Rule 74.15, ``Boilers, Steam
Generators and Process Heaters,'' and Rule 74.16, ``Oilfield Drilling
Operations.'' VCAPCD adopted Rule 74.16 on January 8, 1991, and Rule
74.15 on December 3, 1991. These submitted rules were found to be
complete on May 21, 1991 (Rule 74.16) and August 27, 1992 (Rule 74.15)
pursuant to EPA's completeness criteria that are set forth in 40 CFR
Part 51, Appendix V\2\, and are being proposed 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. The rules were adopted as part of 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.
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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
major 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 techniques 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.
Rule 74.15 limits the discharge of NOX from boilers, steam
generators, and process heaters to 40 parts per million volume (ppmv)
or 0.048 pounds per million Btu (lb/MMBtu). Rule 74.15 satisfies all
the requirements of RACT for California with the added stringency of a
lower emission limit. The rule's compliance date of March 2, 1992,
satisfies the CAA's NOX RACT implementation date requirement of
May 31, 1995 (Sec. 182(b)(2)). The District expects this rule to
provide a 50 to 60% reduction in NOX emissions for this source
category. This reduction corresponds to 1.34 tons per day based on the
District's inventory.
Rule 74.16 requires all drilling operations to be powered by
utility electricity unless, under Section C.1, its installation is not
cost effective. The exemption may be granted if a Best Available
Control Technology (BACT) evaluation shows that the cost of control
exceeds the BACT guideline cost. The costs used in the analysis are
limited to the costs of installing sufficient and compatible electric
capacity to power the drill rig. For drilling operations claiming an
exemption from this requirement, the emissions of NOX from diesel-
powered engines shall not exceed 515 ppmv or 6.9 grams per brake
horsepower-hour (g/bhp-hr). Compliance must be demonstrated annually by
source testing. Section C.2 also grants a limited exemption for shallow
drilling projects which use smaller rigs with engines that cannot meet
the emission limit. This exemption applies only if the Section C.1 cost
effectiveness exemption also applies, and, in any event, expires on
June 1, 1995, when manufacturer certified low NOX engines are
expected to be available. 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 Documents
(TSDs) for Rules 74.15 and 74.16, date November 19, 1993.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations and EPA policy. Therefore,
VCAPCD's Rule 74.15, ``Boilers, Steam Generators and Process Heaters,''
and Rule 74.16, ``Oilfield Drilling Operations,'' 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\
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\4\Section C.3 of Rule 74.15 references VCAPCD Rule 32. VCAPCD
Rule 32 was not submitted to EPA with Rule 74.15 and has not been
approved by EPA for inclusion into the SIP. Therefore, this NPRM for
Rule 74.15 does not constitute action on or approval of Rule 32 into
the SIP.
Both Rules 74.15 and 74.16 reference California Air Resources
Board's (CARB) Method 100, which has been cited for certain
deficiencies by the Emissions Measurement Branch. CARB has committed
to correct these deficiencies in 1994, and final approval of Rules
74.15 and 74.16 is contingent on these corrections.
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Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. Section 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
sections 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).
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. The OMB has exempted this regulatory action from
Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental Protection Agency, Air pollution control,
Hydrocarbons, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: July 11, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-18326 Filed 7-27-94; 8:45 am]
BILLING CODE 6560-50-P
