[Federal Register Volume 63, Number 154 (Tuesday, August 11, 1998)]
[Rules and Regulations]
[Pages 42721-42723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21351]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 022-0087a; FRL-6138-2]


Approval and Promulgation of State 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 a revision to the 
California State Implementation Plan (SIP). The revision concerns South 
Coast Air Quality Management District (SCAQMD) Rule 1135. This rule 
controls oxides of nitrogen (NOX) from electric power 
generating systems. This action will incorporate the rule into the 
Federally approved SIP. The intended effect of approving this rule 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 this rule 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 October 13, 1998 without further 
notice, unless EPA receives relevant adverse comments by September 10, 
1998. If EPA receives such comment, then it will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region 
IX office listed below. Copies of the rule and EPA's evaluation report 
are available for public inspection at EPA's Region IX office during 
normal business hours. Copies of the submitted rule are also available 
for inspection at the following locations:

U.S. Environmental Protection Agency, Region IX, Rulemaking Office 
(AIR-4), Air Division, 75 Hawthorne Street, San Francisco, CA 94105-
3901.
U.S. Environmental Protection Agency, Air Docket (6102), 401 ``M'' 
Street, S.W., 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: Andrew Steckel, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, telephone: (415) 
744-1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rule being approved into the California State Implementation 
Plan (SIP) is South Coast Air Quality Management District (SCAQMD) Rule 
1135, Emissions of Oxides of Nitrogen from Electric Power Generating 
Systems, adopted by SCAQMD on July 19, 1991.

[[Page 42722]]

II. 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 emissions of oxides of nitrogen (NOX) 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 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 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. This Federal Register action for the South Coast 
Air Quality Management District excludes the Los Angeles County portion 
of the Southeast Desert AQMA, otherwise known as the Antelope Valley 
Region in Los Angeles County, which is now under the jurisdiction of 
the Antelope Valley Air Pollution Control District as of July 1, 
1997.2
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    \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).
    \2\ The State has recently changed the names and boundaries of 
the air basins located within the Southeast Desert Modified AQMA. 
Pursuant to State regulation the Coachella-San Jacinto Planning Area 
is now part of the Salton Sea Air Basin (17 Cal. Code. Reg. 
Sec. 60114); the Victor Valley/Barstow region in San Bernardino 
County and Antelope Valley Region in Los Angeles County are parts of 
the Mojave Desert Air Basin (17 Cal. Code. Reg. Sec. 60109). In 
addition, in 1996 the California Legislature established a new local 
air agency, the Antelope Valley Air Pollution Control District, to 
have the responsibility for local air pollution planning and 
measures in the Antelope Valley Region (California Health & Safety 
Code Sec. 40106).
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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.
    SCAQMD Rule 1135 was adopted on July 19, 1991 and submitted by the 
California Air Resources Board (CARB) to EPA on January 28, 1992. This 
submitted rule was found to be complete on April 3, 1992, pursuant to 
EPA's completeness criteria that are set forth in 40 CFR Part 51 
Appendix V.3 By today's document, EPA is taking direct final 
action to approve this rule into the SIP.
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    \3\ 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 1135 controls emissions from electric power generating 
systems. NOX emissions contribute to the production of 
ground level ozone and smog. The rule was 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 this rule.

III. EPA Evaluation and 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.4 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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    \4\ 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 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.
    There is currently no version of SCAQMD Rule 1135, Emissions of 
Oxides of Nitrogen from Electric Power Generating Systems, in the SIP. 
The submitted rule regulates utility boilers by specifying 
NOX emission limits in pounds of NOX per net 
megawatt hour of electricity produced. This rule requires the use of a 
continuous emissions monitoring system, and requires an approved 
compliance plan.
    A more detailed discussion of the sources controlled,5 
the controls required, and the justification for why these controls 
represent RACT can be found in the Technical Support Document (TSD), 
available from the U.S. EPA Region IX office.
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    \5\ SCAQMD Rule 1135 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 1135 is 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

[[Page 42723]]

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 document without prior proposal because the 
Agency views this as a noncontroversial action and anticipates no 
adverse comments. However, in the Proposed Rules section of this 
Federal Register publication, the EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This action will be effective 
October 13, 1998, without further notice unless the Agency receives 
relevant adverse comments by September 10, 1998.
    If EPA receives such comments, then EPA will publish a document 
withdrawing this direct final rule and informing the public that this 
rule will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the 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 on October 13, 1998 and no further action will 
be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order (E.O.) 12866 review.
    This final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks,'' because 
it is not an ``economically significant'' action under E.O. 12866.

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 the 
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

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the 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, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 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 compound.

    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: July 28, 1998.
Sally Seymour,
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) (187)(i)(C)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (187) * * *
    (i) * * *
    (C) * * *
    (2) Rule 1135, adopted on July 19, 1991.
* * * * *
[FR Doc. 98-21351 Filed 8-10-98; 8:45 am]
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