[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Rules and Regulations]
[Pages 42721-42723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21351]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 022-0087a; FRL-6138-2]
Approval and Promulgation of State Implementation Plans;
California State Implementation Plan Revision; South Coast Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
California State Implementation Plan (SIP). The revision concerns South
Coast Air Quality Management District (SCAQMD) Rule 1135. This rule
controls oxides of nitrogen (NOX) from electric power
generating systems. This action will incorporate the rule into the
Federally approved SIP. The intended effect of approving this rule is
to regulate emissions of 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 this rule 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 October 13, 1998 without further
notice, unless EPA receives relevant adverse comments by September 10,
1998. If EPA receives such comment, then it will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Comments must be submitted to Andrew Steckel at the Region
IX office listed below. Copies of the rule and EPA's evaluation report
are available for public inspection at EPA's Region IX office during
normal business hours. Copies of the submitted rule are also available
for inspection at the following locations:
U.S. Environmental Protection Agency, Region IX, Rulemaking Office
(AIR-4), Air Division, 75 Hawthorne Street, San Francisco, CA 94105-
3901.
U.S. 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.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Andrew Steckel, 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.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rule being approved into the California State Implementation
Plan (SIP) is South Coast Air Quality Management District (SCAQMD) Rule
1135, Emissions of Oxides of Nitrogen from Electric Power Generating
Systems, adopted by SCAQMD on July 19, 1991.
[[Page 42722]]
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 emissions of oxides of nitrogen (NOX) 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 and provides preliminary guidance on the
requirements of section 182(f). 57 FR 55620. 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 compound
(VOC) emissions, in moderate or above ozone nonattainment areas. The
Los Angeles-South Coast Air Basin Area is classified as
extreme;1 therefore this area was subject to section 182(f),
the RACT requirements of section 182(b)(2), and the November 15, 1992
deadline, cited below. This Federal Register action for the South Coast
Air Quality Management District excludes the Los Angeles County portion
of the Southeast Desert AQMA, otherwise known as the Antelope Valley
Region in Los Angeles County, which is now under the jurisdiction of
the Antelope Valley Air Pollution Control District as of July 1,
1997.2
---------------------------------------------------------------------------
\1\ The Los Angeles-South Coast Air Basin 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).
\2\ The State has recently changed the names and boundaries of
the air basins located within the Southeast Desert Modified AQMA.
Pursuant to State regulation the Coachella-San Jacinto Planning Area
is now part of the Salton Sea Air Basin (17 Cal. Code. Reg.
Sec. 60114); the Victor Valley/Barstow region in San Bernardino
County and Antelope Valley Region in Los Angeles County are parts of
the Mojave Desert Air Basin (17 Cal. Code. Reg. Sec. 60109). In
addition, in 1996 the California Legislature established a new local
air agency, the Antelope Valley Air Pollution Control District, to
have the responsibility for local air pollution planning and
measures in the Antelope Valley Region (California Health & Safety
Code Sec. 40106).
---------------------------------------------------------------------------
Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC (and NOX) emissions not covered by
either a pre-enactment or post-enactment control techniques guideline
(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.
SCAQMD Rule 1135 was adopted on July 19, 1991 and submitted by the
California Air Resources Board (CARB) to EPA on January 28, 1992. This
submitted rule was found to be complete on April 3, 1992, pursuant to
EPA's completeness criteria that are set forth in 40 CFR Part 51
Appendix V.3 By today's document, EPA is taking direct final
action to approve this rule into the SIP.
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
SCAQMD Rule 1135 controls emissions from electric power generating
systems. NOX emissions contribute to the production of
ground level ozone and smog. The rule was adopted as part of SCAQMD's
efforts to achieve the National Ambient Air Quality Standards for ozone
and in response to the CAA requirements cited above. The following
section contains EPA's evaluation and final action for this rule.
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.4 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.
---------------------------------------------------------------------------
\4\ 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); and
``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).
---------------------------------------------------------------------------
For the purposes of assisting state and local agencies in
developing NOX RACT rules, EPA prepared the NOX
Supplement to the General Preamble 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 meet Federal RACT requirements and are fully
enforceable and strengthen or maintain the SIP.
There is currently no version of SCAQMD Rule 1135, Emissions of
Oxides of Nitrogen from Electric Power Generating Systems, in the SIP.
The submitted rule regulates utility boilers by specifying
NOX emission limits in pounds of NOX per net
megawatt hour of electricity produced. This rule requires the use of a
continuous emissions monitoring system, and requires an approved
compliance plan.
A more detailed discussion of the sources controlled,5
the controls required, and the justification for why these controls
represent RACT can be found in the Technical Support Document (TSD),
available from the U.S. EPA Region IX office.
---------------------------------------------------------------------------
\5\ SCAQMD Rule 1135 will apply to sources which are not covered
in the SCAQMD NOX RECLAIM program.
---------------------------------------------------------------------------
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations and EPA policy. Therefore,
SCAQMD Rule 1135 is 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
[[Page 42723]]
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 action and anticipates no
adverse comments. However, in the Proposed Rules section of this
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This action will be effective
October 13, 1998, without further notice unless the Agency receives
relevant adverse comments by September 10, 1998.
If EPA receives such comments, then EPA will publish a document
withdrawing this direct final rule and informing the public that this
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 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 on October 13, 1998 and no further action will
be taken on the proposed rule.
IV. Administrative Requirements
A. Executive Orders 12866 and 13045
The Office of Management and Budget has exempted this regulatory
action from Executive Order (E.O.) 12866 review.
This final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks,'' because
it is not an ``economically significant'' action under E.O. 12866.
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 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 the
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
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 this rule 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 rule in the 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 October 13, 1998. 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: July 28, 1998.
Sally Seymour,
Acting 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 paragraph (c) (187)(i)(C)(2)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(187) * * *
(i) * * *
(C) * * *
(2) Rule 1135, adopted on July 19, 1991.
* * * * *
[FR Doc. 98-21351 Filed 8-10-98; 8:45 am]
BILLING CODE 6560-50-P
