[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29155]


[Federal Register: November 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 71-2-6329; FRL-5112-4]


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, and process heaters. The intended effect of proposing 
approval of this rule 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 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 December 28, 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 71-2-6329 in all correspondence.
    Copies of the rule revisions and EPA's evaluation report of the 
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:

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 rule being proposed for approval into the California SIP is 
Ventura County Air Pollution Control District's (VCAPCD) Rule 74.15.1, 
``Boilers, Steam Generators, and Process Heaters.'' This rule was 
submitted by the California Air Resources Board (ARB) to EPA on 
November 18, 1993.

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, 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, and 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 rule being acted on in this 
document on November 18, 1993. This document addresses EPA's proposed 
action for VCAPCD's Rule 74.15.1, ``Boilers, Steam Generators, and 
Process Heaters.'' VCAPCD adopted Rule 74.15.1 on May 11, 1993. The 
submitted rule was found to be complete on December 23, 1993, pursuant 
of EPA's completeness criteria that are set forth in 40 CFR part 51, 
appendix V,2 and is 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 rule was 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 this rule.

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 
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 74.15.1 limits the discharge of NOX from boilers, steam 
generators, and process heaters (ICIs) to 30 parts per million volume 
(ppmv) or 0.036 pounds per million Btu (lb/MMBtu). Rule 74.15.1 
effectively increases the stringency of California RACT for ICIs by 
lowering the de minimis from 5 MMBtu/hr to 1 MMBtu/hr and decreasing 
the emission standard from 70 ppmv to 30 ppmv. The rule's compliance 
date of May 31, 1995, satisfies the CAA's NOX RACT implementation 
date requirement of May 31, 1995 (section 182(b)(2)). The District 
expects this rule to provide a 71% reduction in NOX emissions from 
the units subject to this rule. This reduction corresponds to 0.189 
tons per day based on the District's inventory. 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), dated March 3, 1994.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations and EPA policy. Therefore, 
VCAPCD's Rule 74.15.1, ``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), 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.

Regulatory Flexibility

    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 Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 14, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-29155 Filed 11-25-94; 8:45 am]
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