[Federal Register Volume 62, Number 240 (Monday, December 15, 1997)]
[Rules and Regulations]
[Pages 65611-65613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32561]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 179-0061; FRL-5929-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Bay Area Air Quality Management 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
April 17, 1997. The revisions concern rules from the Bay Area Air 
Quality Management District (BAAQMD). This approval action will 
incorporate these rules into the federally approved SIP. The intended 
effect of approving these rules 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). The rules concern 
the control of NOX emissions from boilers, steam generators, 
process heaters, stationary internal combustion engines, stationary gas 
turbines, and glass melting furnaces in the San Francisco Bay area. 
Thus, EPA is finalizing the approval of these revisions into the 
California SIP under provisions of the CAA regarding EPA actions on SIP 
submittals, and SIPs for national primary and secondary ambient air 
quality standards. The rules are being approved into the SIP in 
accordance with the area's ozone maintenance plan for redesignation to 
attainment.

DATES: This action is effective on January 14, 1998.

ADDRESSES: Copies of the rules and EPA's evaluation report for 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 Office (AIR-4), Air 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, DC 20460.
    California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
    Bay Area Air Quality Management District, Rule Development Section, 
939 Ellis Street, San Francisco, CA 94109.

FOR FURTHER INFORMATION CONTACT: Thomas C. Canaday, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 
744-1202.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The BAAQMD rules being approved into the California SIP include: 
Regulation 9, Rule 7, Nitrogen Oxides and Carbon Monoxide from 
Industrial, Institutional, and Commercial Boilers, Steam Generators, 
and Process Heaters;

[[Page 65612]]

Regulation 9, Rule 8, Nitrogen Oxides and Carbon Monoxide Emissions 
from Stationary Internal Combustion Engines; Regulation 9, Rule 9, 
Nitrogen Oxides from Stationary Gas Turbines; and Regulation 9, Rule 
12, Nitrogen Oxides from Glass Melting Furnaces.
    These BAAQMD rules were adopted on September 15, 1993, January 20, 
1993, September 21, 1994 and January 19, 1994, respectively. They were 
submitted by the State of California on July 23, 1996. The rules were 
found to be complete on January 17, 1997, pursuant to EPA's 
completeness criteria that are set forth in 40 CFR part 51, appendix V 
1. EPA is taking final action to approve all four rules into 
the SIP.
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    \1\  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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II. Background

    On April 17, 1997 in 62 FR 18730, EPA proposed to approve the 
following rules into the California SIP: Regulation 9, Rule 7, Nitrogen 
Oxides and Carbon Monoxide from Industrial, Institutional, and 
Commercial Boilers, Steam Generators, and Process Heaters; Regulation 
9, Rule 8, Nitrogen Oxides and Carbon Monoxide Emissions from 
Stationary Internal Combustion Engines; Regulation 9, Rule 9, Nitrogen 
Oxides from Stationary Gas Turbines; and Regulation 9, Rule 12, 
Nitrogen Oxides from Glass Melting Furnaces. While the BAAQMD was no 
longer required to submit NOX RACT rules pursuant to section 
182(b)(2), the BAAQMD incorporated several of the previously submitted 
NOX rules as contingency measures in its ozone maintenance 
plan as a requirement for redesignation to attainment. Since being 
redesignated to attainment of the ozone standard, the Bay Area has 
recorded violations of the Federal ozone standard, therefore triggering 
the contingency measures of the maintenance plan. In accordance with 
the redesignation maintenance plan, and at the request of the BAAQMD, 
EPA is incorporating the NOX measures into the SIP. The 
BAAQMD submitted the contingency measures being acted on in this 
document on July 23, 1996. This action encompasses part of the measures 
identified in the plan as contingency measures. A detailed discussion 
of the background for each of the above rules is provided in the 
proposed rule cited above.
    EPA has evaluated the above rules for consistency with the 
requirements of the CAA and EPA regulations and EPA interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the proposed rule cited above. EPA has found 
that the rules meet the applicable EPA requirements. A detailed 
discussion of the rule provisions and evaluations has been provided in 
the proposed rule and in the technical support document (TSD), dated 
January 24, 1997, which is available at EPA's Region IX office.

III. Response to Public Comments

    A 30-day public comment period was provided in 62 FR 18730. The 
four rules in the present action, along with one additional rule 
(BAAQMD Regulation 9, Rule 11) were the subject of a prior direct final 
action. See 62 FR 18710 (April 17, 1997). EPA received adverse comments 
on Regulation 9, Rule 11 only. Consequently the previous direct final 
action was withdrawn. See 62 FR 32687 (June 17,1997). EPA will address 
the comments received in a subsequent final action concerning 
Regulation 9, Rule 11 only in the near future.

IV. EPA Action

    EPA is finalizing this action to approve the above rules for 
inclusion into the California SIP. EPA is approving the submittal under 
section 110(k)(3) as meeting the requirements of section 110(a) and 
part D of the CAA. 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 CAA.
    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.

V. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. 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 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 
Clean Air Act 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, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of State action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of

[[Page 65613]]

Representatives and the Comptroller General of the General Accounting 
Office prior to publication of the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitionsfor judicial 
review of this action must be filed in the United States Court of 
Appeals for the appropriate circuit by February 13, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Note: Incorporation by reference of the State Implementation 
Plan for the State of California was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: November 13, 1997.
Harry Seraydarian,
Acting Regional Administrator, Region IX.

    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 et seq.

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(239)(i)(E) to 
read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (239) * * *
    (i) * * *
    (E) Bay Area Air Quality Management District.
    (1) Rule 9-7 adopted on September 15, 1993, Rule 9-8 adopted on 
January 20, 1993, Rule 9-9 adopted on September 21, 1994, and Rule 9-12 
adopted on January 19, 1994.
* * * * *
[FR Doc. 97-32561 Filed 12-12-97; 8:45 am]
BILLING CODE 6560-50-F