[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23351]
[[Page Unknown]]
[Federal Register: September 21, 1994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA37-10-6383; FRL-5076-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Santa Barbara County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve a revision to the California State
Implementation Plan (SIP) for ozone. The revision concerns the control
of oxides of nitrogen (NOx) from industrial boilers, steam
generators, and process heaters in Santa Barbara County. The rule
limits NOx and carbon monoxide emissions from these sources. The
intended effect of proposing approval of 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). EPA's final action on
this notice of proposed rulemaking will incorporate this rule into the
federally approved SIP. EPA has evaluated this rule and is proposing to
approve it 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 October 21, 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.
Copies of the rule revision 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 rule revisions
are also available for inspection at the following locations:
Stationary Source Rulemaking Section (A-5-3), Air and Toxics
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Santa Barbara County Air Pollution Control District, Rule
Development Section, 26 Castilian Drive B-23, Goleta, CA 93117
FOR FURTHER INFORMATION CONTACT: Wendy Colombo, Stationary Source
Rulemaking, (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
SUPPLEMENTARY INFORMATION:
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
November 25, 1992, document 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 sections 302 and 182(c), (d), and (e)) as are applied to
major stationary sources of volatile organic compounds (VOCs), in
moderate or above ozone nonattainment areas. Santa Barbara County is
classified as a moderate nonattainment area for ozone;1 therefore
the Santa Barbara County area is subject to the RACT requirements of
section 182(b)(2), cited above.
---------------------------------------------------------------------------
\1\ Santa Barbara County was 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).
---------------------------------------------------------------------------
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
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.
This document addresses EPA's proposed action for Santa Barbara
County Air Pollution Control District (SBCAPCD) Rule 342, Control of
NOx from Boilers, Steam Generators, and Process Heaters. The rule
was adopted by the SBCAPCD on March 10, 1992 and submitted by the State
of California on June 19, 1992. Submitted Rule 342 was found to be
complete on August 27, 1992 pursuant to EPA's completeness criteria
that are set forth in 40 CFR part 51, appendix V2 and is 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).
---------------------------------------------------------------------------
NOx emissions contribute to the production of ground level
ozone and smog. Rule 342 controls emissions of NOx and carbon
monoxide from commercial and industrial boilers, steam generators, and
process heaters which are used in a wide variety of applications
providing steam, heat, and hot water for industrial, institutional, and
commercial operations. Rule 342 was adopted as part of SBCAPCD'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 Rule 342.
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 the NOx
Supplement and 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).
---------------------------------------------------------------------------
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 meet Federal RACT requirements and are fully enforceable and
strengthen or maintain the SIP.
Rule 342 applies to all boilers, steam generators, and process
heaters with rated heat inputs greater than or equal to 5 million
British Thermal Units per hour (MMBtu/hr) used in industrial,
institutional, and commercial operations. The rule limits NOx
emissions from units with rated heat inputs greater than or equal to 5
MMBtu/hr and with annual heat input greater than or equal to 9 billion
Btu to 30 parts per million (ppm) or 0.036 pound per million BTU (lb/
MMBtu) when operated on gas. For the same size units with annual heat
inputs of the same level, which are operated on nongaseous fuel, the
rule limits NOx emissions to 40ppm or 0.052 lb/MMBtu of heat
input. The same size units operating with annual heat inputs of less
than 9 billion Btu are required to maintain stack-gas oxygen
concentrations at less than 3 percent or perform annual tune-ups. Final
compliance with these limits is required by March 10, 1996.
The RACT limits specified in the California Air Resources Board's
(CARB's) reasonably available control technology/best available
retrofit control technology (RACT/BARCT) determination for these types
of units are 70 ppm (0.084 lb/MMBtu) and 115 ppm (0.150 lb/MMBtu) for
units fired with gas and nongaseous fuels while those for BARCT are 30
ppm and 40 ppm, respectively. Although Rule 342's BARCT limits (30ppm/
40ppm) are more stringent than what EPA would consider as RACT (70ppm/
115ppm) for these sources, the additional reductions obtained beyond
those attributable to RACT are assumed necessary for SBCAPCD's
attainment planning purposes.
In evaluating the rule, EPA must also determine whether the CAA
requirement for RACT implementation by May 31, 1995 is met. The rule
was written such that final compliance is not required until 4 years
after the date of adoption. Since the rule was adopted in March 1992,
final compliance is not required until March 1996. Under certain
circumstances, the determination of what constitutes RACT could include
consideration of advanced control technologies, i.e., California's
requirement for BARCT. In these cases, the CAA's May 1995 date for RACT
implementation may be satisfied in BARCT rules that establish ``interim
RACT'' by May 1995, and require emission limitations based on advanced
control technologies (BARCT) be met after May 1995. Rule 342 requires
that interim control measures be met to ensure progress toward final
compliance. The interim control measures include applying for a permit
to operate and authority to construct and the development and
submission of a compliance plan. 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 342, dated May 1994.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations and EPA policy. Therefore,
SBCAPCD Rule 342, Control of NOx from Boilers, Steam Generators,
and Process Heaters is being proposed for approval 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 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.
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 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 action from E.O. 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: September 8, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-23351 Filed 9-20-94; 8:45 am]
BILLING CODE 6560-50-F
