[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Rules and Regulations]
[Pages 15719-15721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8746]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 102-14-0004a; FRL-5441-3]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Mojave Desert Air Quality 
Management District; San Diego County Air Pollution Control District; 
San Joaquin Valley Unified Air Pollution Control 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 Mojave Desert Air Quality Management District (MDAQMD), San 
Diego County Air Pollution Control District (SDCAPCD), and San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD). The rules 
control oxides of nitrogen (NOX) from gas turbines, fuel-burning 
equipment, and glass manufacturing plants. 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 action is effective on June 10, 1996, unless adverse or 
critical comments are received by May 9, 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 IX office during 
normal business hours. Copies of the submitted rules are also available 
for inspection at the following locations:

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.
Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite 
200, Victorville, CA 92392.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096.

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: MDAQMD 
Rule 1159, Stationary Gas Turbines; SDCAPCD Rule 68, Fuel-Burning 
Equipment--Oxides of Nitrogen; and SJVUAPCD Rule 4354, Glass Melting 
Furnaces.

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 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 
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 
Southeast Desert Air Basin is classified as severe, and both the San 
Diego Area and the San Joaquin Valley Area are classified as serious; 
1 therefore these areas were subject to section 182(f), the RACT 
requirements of section 182(b)(2), and the November 15, 1992 deadline, 
cited below.

    \1\ The Southeast Desert Air Basin, the San Diego Area, and the 
San Joaquin Valley Area 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 San Diego Area was reclassified from severe 
to serious on February 21, 1995. See 60 FR 3771 (January 19, 1995).
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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 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.
    MDAQMD Rule 1159 was adopted by MDAQMD on February 22, 1995, and 
was submitted by CARB to EPA on March 31, 1995. SDCAPCD Rule 68 was 
adopted on September 20, 1994, and submitted on October 19, 1994. 
SJVUAPCD Rule 4354 was adopted on September 14, 1994, and submitted on 
September 28, 1994. These submitted rules were found to be complete on 
May 2, 1995, October 21, 1994, and October 21, 1994, respectively, 
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

[[Page 15720]]
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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    MDAQMD Rule 1159 controls emissions of NOX from gas turbines. 
SDCAPCD Rule 68 regulates fuel-burning equipment and SJVUAPCD Rule 4354 
controls emissions from glass melting furnaces. NOX emissions 
contribute to the production of ground level ozone and smog. The rules 
were adopted as part of each district'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); 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).
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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.
    MDAQMD Rule 1159, Stationary Gas Turbines, is a new rule which 
applies to non-utility stationary gas turbines of 0.3 Megawatt and 
larger. Gas-fired turbines must meet an emission limit of 42 ppmv, and 
oil-fired turbines must meet an emission limit of 65 ppmv. Operators 
are required to install, operate, and maintain equipment to monitor 
control system operating parameters, and conduct annual compliance 
tests.
    SDCAPCD Rule 68, Fuel-Burning Equipment--Oxides of Nitrogen, 
controls NOX emissions from non-vehicular fuel-burning equipment. 
Rule 68 contains the following significant changes from the current SIP 
rule:
     Emission limits have been added to the criteria for 
exemption.
     Definitions, recordkeeping requirements, and test methods 
have been added.
    SJVUAPCD Rule 4354, Glass Melting Furnaces, is a new rule which 
controls emissions from non-electric glass melting furnaces. Container 
glass and fiberglass furnaces must meet an emission limit of 5.5 lbs of 
NOX per ton of glass pulled. Flat glass furnaces must meet a 
production-based limit as defined by an equation included in the rule. 
Annual source tests are required, and records must be kept of operation 
hours, fuel used, and glass pulled.
    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 each rule, 
available from the U.S. EPA Region IX office.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations and EPA policy. Therefore, 
MDAQMD Rule 1159, SDCAPCD Rule 68, and SJVUAPCD Rule 4354 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.
    EPA is publishing this notice without prior proposal because the 
Agency views this as a noncontroversial action 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 June 10, 1996, unless, by May 9, 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 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 June 10, 1996.

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.

[[Page 15721]]


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 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).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under 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 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: March 6, 1996.
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 paragraphs (c) 
(199)(i)(D)(2), (202)(i)(C)(4), and (216)(i)(A)(3) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (199) * * *
    (i) * * *
    (D) * * *
    (2) Rule 4354, adopted on September 14, 1994.
* * * * *
    (202) * * *
    (i) * * *
    (C) * * *
    (4) Rule 68, adopted on September 20, 1994.
* * * * *
    (216) * * *
    (i) * * *
    (A) * * *
    (3) Rule 1159, adopted on February 22, 1995.
* * * * *
[FR Doc. 96-8746 Filed 4-8-96; 8:45 am]
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