[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4887-4890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2824]



=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 102-13-7212a; FRL-5398-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Sacramento Metropolitan Air Quality 
Management District, San Diego County Air Pollution Control District, 
San Joaquin Valley Unified Air Pollution Control District, and Ventura 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan (SIP) for ozone which concern the 
control of oxides of nitrogen (NOX) emissions from boilers, steam 
generators, and process heaters. 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). 
Thus, 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 action is effective on April 9, 1996 unless adverse or 
critical comments are received by March 11, 1996. 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 9 office during 
normal business hours. Copies of the submitted rules are also 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 
94105-3901.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street 
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson 
Road, Sacramento, CA 95826.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721.
Ventura County Air Pollution Control District, Rule Development 
Section, 669 County Square Drive, Ventura, CA 93003.

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 94105-3901, 
Telephone: (415) 744-1191, e-mail: [email protected].

[[Page 4888]]


SUPPLEMENTARY INFORMATION:

Applicability

    The rules being approved into the California SIP include: the 
Sacramento Metropolitan Air Quality Management District's (SMAQMD) Rule 
411, ``Boiler NOX,'' the San Diego County Air Pollution Control 
District's (SDCAPCD) Rule 69.2, ``Industrial and Commercial Boilers, 
Process Heaters and Steam Generators,'' the San Joaquin Valley Unified 
Air Pollution Control District's (SJVUAPCD) Rule 4352, ``Solid Fuel 
Fired Boilers, Steam Generators and Process Heaters,'' and the Ventura 
County Air Pollution Control District's (VCAPCD) Rule 74.15, ``Boilers, 
Steam Generators and Process Heaters.'' These rules were submitted by 
the California Air Resources Board (ARB) to EPA on September 28, 1994 
(Rule 4352), October 19, 1994 (Rule 69.2), January 24, 1995 (Rule 
74.15), and June 16, 1995 (Rule 411).

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 Notice of Proposed Rulemaking (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 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 compounds (VOCs), in 
moderate or above ozone nonattainment areas. The Sacramento County 
portion of the Sacramento Metro Area is classified as severe, the San 
Diego County Area and the San Joaquin Valley Area are classified as 
serious, and the Ventura County Area is classified as severe; 1 
therefore these areas were subject to section 182(f), the RACT 
requirements of section 182(b)(2), cited below, and the November 15, 
1992 deadline.

    \1\ The San Joaquin Valley and Ventura County Areas retained 
their designations of nonattainment and were 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). The 
Sacramento Metro Area was reclassified from serious to severe on 
June 1, 1995. See 60 FR 20237 (April 25, 1995). The San Diego Area 
was reclassified from severe to serious on February 21, 1995. See 60 
FR 3771 (January 19, 1995).
---------------------------------------------------------------------------

    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 SMAQMD adopted Rule 411 on February 2, 1995; the SDCAPCD 
adopted Rule 69.2 on September 27, 1994; the SJVUAPCD adopted Rule 4352 
on September 14, 1994; and the VCAPCD adopted Rule 74.15 on November 8, 
1994. These submitted rules were found to be complete on October 21, 
1994 (Rules 69.2, and 4352), February 24, 1995 (Rule 74.15), and June 
30, 1995 (Rule 411) pursuant of 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.

    \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. SMAQMD's Rule 411, SDCAPCD's Rule 69.2, and VCAPCD's 
Rule 74.15 control NOX emissions from boilers, steam generators, 
and process heaters that are fired on gaseous and liquid fuels; 
SJVUAPCD's Rule 4352 applies to solid-fuel fired boilers, steam 
generators, and process heaters. The rules were adopted as part of the 
districts' 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 final 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.

    \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 are fully enforceable and strengthen or maintain the SIP.
    The California ARB has published a RACT/BARCT guidance document for 
boilers, steam generators, and process heaters entitled, 
``Determination of Reasonably Available Control Technology and Best 
Available Retrofit Control Technology for Industrial, Institutional, 
and Commercial Boilers, Steam Generators, and Process Heaters'' (July 
18, 1991). The guidance document defines RACT as an emission limit of 
70 parts per million volume (ppmv) at 3% O2 when firing on gaseous 
fuels and 115 ppmv at 3% O2 when firing on liquid fuels. BARCT is 
defined as an emission limit of 30 ppmv at 3% O2 when firing 

[[Page 4889]]
on gaseous fuels and 40 ppmv at 3% O2 when firing on liquid fuels. 
The SMAQMD's Rule 411 and the SDCAPCD's Rule 69.2 required RACT control 
by May 31, 1995, and require BARCT by May 31, 1997. The SJVUAPCD's Rule 
4352 applies to units firing on solid fuel, which the RACT/BARCT 
document does not address. However, the rule's emission limit of 0.20 
lb/MMBtu (with exceptions) appears to be reasonable because it is the 
same as the RACT/BARCT document's limit for firing on liquid fuels 
other than fuel oil #1 and #2. Final compliance with the rule was 
required by May 31, 1995. The VCAPCD's Rule 74.15 has an emission limit 
of 40 ppmv at 3% O2 for firing on gaseous fuels, and final 
compliance was required by March 1, 1992; firing on liquid fuels is 
prohibited except only in emergencies. All the rules contain adequate 
recordkeeping requirements, and the appropriate test methods for 
compliance determinations are referenced. The exemptions provided in 
the rules are consistent with EPA guidelines. 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 these rules, dated September 18, 
1995.

    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations and EPA policy. Therefore, 
SMAQMD Rule 411, ``Boiler NOX,'' SDCAPCD Rule 69.2, ``Industrial 
and Commercial Boilers, Process Heaters and Steam Generators,'' 
SJVUAPCD Rule 4352, ``Solid Fuel Fired Boilers, Steam Generators and 
Process Heaters,'' and VCAPCD Rule 74.15, ``Boilers, Steam Generators 
and Process Heaters,'' 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 relevant statutory and regulatory requirements.\4\

    \4\ The SJVUAPCD's Rule 4352 references the district's Rules 
2201 and 1020 in sections 3.7 and 3.12 respectively; the VCAPCD's 
Rule 74.15 references the district's Rule 32 in section (C)(3). 
Rules 2201, 1020, and 32 have not been approved by EPA for inclusion 
into the SIP. Therefore, this direct final rule does not constitute 
action on or approval of these rules into the SIP.
---------------------------------------------------------------------------

    EPA is publishing this notice without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revisions 
should adverse or critical comments be filed. This action will be 
effective April 9, 1996, unless, by March 11, 1996, 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 document 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 April 9, 1996.

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. section 7410 (a)(2).

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 or 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 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.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compound.

    Dated: November 21, 1995.

Felicia Marcus,

 Regional Administrator.

    Subpart F of part 52, chapter I, Title 40 of the Code of Federal 
Regulations is amended as follows: 

[[Page 4890]]


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 paragraphs (c)(199) (i)(D), 
(202)(i)(C)(3), (214)(i)(D), and (222)(i)(C) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (199) * * *
    (i) * * *
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4352, adopted on September 14, 1994.
* * * * *
    (202) * * *
    (i) * * *
    (C) * * *
    (3) Rule 69.2, adopted on September 27, 1994.
* * * * *
    (214) * * *
    (i) * * *
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.15, adopted on November 8, 1994.
* * * * *
    (222) * * *
    (i) * * *
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 411, adopted on February 2, 1995.
* * * * *
[FR Doc. 96-2824 Filed 2-8-96; 8:45 am]
BILLING CODE 6560-50-P