[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Rules and Regulations]
[Pages 46220-46222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21877]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 95-7-6789a; FRL-5280-1]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; South Coast 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 South Coast Air Quality Management District (SCAQMD) which
control oxides of nitrogen (NOX) from industrial, commercial, and
institutional boilers, steam generators, and process heaters. This
approval action will 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). The 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 final rule is effective on November 6, 1995 unless adverse
or critical comments are received by October 6, 1995. 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 of 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,
SW., 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: Mae Wang, Rulemaking Section (A-5-3),
Air and Toxics Division, U.S. Environmental Protection Agency, Region
IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415)
744-1200.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: SCAQMD
Rule 1146, Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters; and Rule 1146.1, Emissions of Oxides of Nitrogen from Small
Industrial, Institutional, and Commercial Boilers, Steam Generators,
and Process Heaters. These rules were submitted by the California Air
Resources Board (CARB) to EPA on July 13, 1994.
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 Notice of Proposed Rulemaking (NPRM) entitled
``State Implementation Plans; Nitrogen Oxides Supplement to the General
[[Page 46221]]
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
notice of direct final rulemaking 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.
\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).
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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 technologies 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 1146 and Rule 1146.1 were adopted by SCAQMD on May 13,
1994, and were submitted by CARB to EPA on July 13, 1994. These
submitted rules were found to be complete on July 22, 1994 pursuant to
EPA's completeness criteria that are set forth in 40 CFR part 51,
appendix V.2 By today's notice, EPA is taking direct final action
to approve these rules into the Federally approved 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).
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SCAQMD Rule 1146 and 1146.1 control emissions of NOX from
industrial, commercial, and institutional boilers, steam generators and
process heaters. NOX emissions contribute to the production of
ground level ozone and smog. The rules were 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 these rules.
EPA Evaluation
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.
\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. 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), which 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.
SCAQMD Rule 1146, Emissions of Oxides of Nitrogen from Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters, contains the following significant changes from the current
SIP rule:
1. Expands applicability beyond steam generators with rated heat
input capacity (RHIC) of 50 MBtu/hr or more.
2. Lowers emission limits.
3. Adds definitions, control plan requirements, recordkeeping,
compliance determination provisions, a compliance schedule, and an
equipment tuning procedure.
SCAQMD Rule 1146.1, Emissions of Oxides of Nitrogen from Small
Industrial, Institutional, and Commercial Boilers, Steam Generators,
and Process Heaters, is a new rule which controls emissions from units
between 2 and 5 million Btu per hour. The major provisions of this rule
include: emission limits, recordkeeping, compliance determination
provisions, a compliance schedule, and an equipment tuning procedure.
For the source category of industrial, commercial, and
institutional boilers, steam generators, and process heaters, CARB has
made a determination on the emission levels that constitute RACT, and
CARB has published a guidance document concerning their determination
for this source category. EPA believes that the emission limits in Rule
1146 and Rule 1146.1 are consistent with guidance and policy for making
RACT determinations, and that these limits satisfy the RACT
requirement. A more detailed discussion of the sources
controlled,4 the controls required, and the justification for why
these controls represent RACT can be found in the Technical Support
Document (TSD) for each rule, available from the U.S. EPA Region IX
office.
\4\ Rule 1146 and Rule 1146.1 will apply to sources which are
not covered in the SCAQMD NOX RECLAIM program.
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EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations and EPA policy. Therefore,
SCAQMD Rule 1146 and Rule 1146.1 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
[[Page 46222]]
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 elsewhere in this
Federal Register, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective November 6, 1995, unless, by October 6, 1995, 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 notice 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 November 6, 1995.
Regulatory Process
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 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 direct 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.
Small Businesses
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).
The Office of Management and Budget has exempted this regulatory
action from review under Executive Order 12866.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compound.
Dated: August 8, 1995.
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 paragraph (c) (198)(i)(H)(1)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(198) * * *
(i) * * *
(H) South Coast Air Quality Management District.
(1) Rule 1146 and Rule 1146.1, adopted May 13, 1994.
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[FR Doc. 95-21877 Filed 9-5-95; 8:45 am]
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