[Federal Register Volume 63, Number 171 (Thursday, September 3, 1998)]
[Rules and Regulations]
[Pages 46892-46894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23500]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 102-0091a; FRL-6150-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Yolo-Solano 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 Yolo-
Solano Air Quality Management District's (YSAQMD) Rule 2.34. This rule 
controls oxides of nitrogen (NOX) from stationary gas 
turbines. 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). 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 direct final rule is effective on November 2, 1998. without 
further notice, unless EPA receives adverse comments by October 5, 
1998. If EPA received such comments, then it will publish a timely 
withdrawal in the Federal Register informing the public that this rule 
will not take effect.

ADDRESSES: Written 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:

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, 
S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Yolo-Solano Air Quality Management District, 1947 Galileo court, Suite 
103, Davis, CA 95616.

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 SIP includes YSAQMD's, 
Rule 2.34, Stationary Gas Turbines. This rule was submitted by the 
California Air Resources Board (CARB) to EPA on September 28, 1994.

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 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 proposed rule 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, proposed rule 
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 Metro Area in which the YSAQMD is located, is classified as 
serious;1 therefore this area was subject to the RACT 
requirements of section 182(b)(2), cited below, and the November 15, 
1992 deadline.
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    \1\ Sacramento Metro 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 56 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 techniques 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 as expeditiously as practicable, but no later than May 31, 
1995.
    On September 28, 1994, the State of California submitted to EPA 
YSAQMD's Rule 2.34, Stationary Gas Turbines, which was adopted by 
YSAQMD on July 13, 1994. This submitted rule was found to be complete 
on October 21, 1994 pursuant to EPA's completeness criteria that are 
set forth in 40 CFR Part 51 Appendix V 2 and is being 
finalized for approval into the SIP. By today's document, EPA is taking 
direct final action to approve this submittal. This final action will 
incorporate this rule into the Federally approved 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

[[Page 46893]]

smog. YSAQMD's Rule 2.34 controls emissions of NOX from 
stationary gas turbines. The rule was adopted as part of YSAQMD'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 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.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 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 YSAQMD's Rule 2.34, Stationary Gas 
Turbines in the SIP. Rule 2.34 applies to all stationary gas turbines 
with a power rating equal to or greater than 0.3 megawatt (MW).
    The CARB, after reviewing statewide control measures and several 
district rules, developed a RACT and BARCT guidance document entitled, 
``Determination of Reasonably Available Control Technology and Best 
Available Retrofit Control Technology for the Control of Oxides of 
Nitrogen from Stationary Gas Turbines'' (RACT/BARCT determination).
    CARB's RACT/BARCT determination specified RACT limits of 42 ppmv 
(gas-fired) and 65 ppmv (oil-fired) for units rated equal to 0.3 MW and 
greater. These limits are also specified as BARCT limits for units 
equal to 0.3 MW and less than 2.9 MW, and units that are greater than 
or equal to 4 MW and operating less than 877 hours per year. For units 
equal to 2.9 and less than 10 MW, the BARCT limits are 25 ppmv (gas-
fired) and 65 ppmv (oil-fired). For units greater than or equal to 10 
MW with SCR, the BARCT limits are 9 ppmv (gas-fired) and 25 ppmv (oil-
fired); those without SCR are 15 ppmv (gas-fired) and 42 ppmv (oil-
fired). The BARCT limits are corrected to 15 percent oxygen on a dry 
basis and to turbine efficiency except those 42 ppmv (gas-fired) and 65 
ppmv (oil-fired) limits and oil-fired units equal to 0.3 and less than 
10 MW. The emission limits in CARB's RACT/BARCT determination are 
generally comparable to those specified in the NOX 
Supplement for electric utility boilers.
    Rule 2.34 incorporates CARB's BARCT limits for gas turbines which 
are more stringent than RACT limits. The rule contains adequate 
recordkeeping requirements, and the appropriate test methods for 
compliance determination are referenced. The rule is consistent with 
all the guidance's other requirements. The exemptions provided in the 
rule are consistent with EPA guidelines. Therefore, Rule 2.34 meets the 
federal RACT By meeting the above requirements.
    In evaluating the rule, EPA must determine whether the requirement 
for RACT implementation by May 31, 1995 is met. The rule was written 
such that final compliance is not required until July 13, 1998. Under 
certain circumstances, the determination of what constitutes RACT could 
include consideration of advanced control technologies, i.e., 
California's requirement for BARCT. In this case the CAA's May 1995 
date for RACT implementation may be satisfied in BARCT rules that 
establish ``interim RACT'' by May 1995, and require emission 
limitations based on advanced control technologies such as BARCT be met 
after May 1995.
    Rule 2.34 meets EPA's RACT guidance for emission limits and 
milestone towards final compliance by requiring that BARCT be 
implemented by July 13, 1998, and that interim measures including a 
compliance plan, an application for authority to construct, and start 
and completion of construction be met to ensure progress toward 
compliance with the final emission limits of the rule. 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 Rule 2.34, dated July 31, 1998.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations and EPA policy. Therefore, 
YSAQMD's Rule 2.34, Stationary Gas Turbines 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 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 rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective November 2, 1998 
without further notice unless the Agency receives adverse comments by 
October 5, 1998.
    If the EPA received such comments, then EPA will publish a timely 
withdrawal of the direct final rule informing the public that the 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 rule. Any 
parties interested in

[[Page 46894]]

commenting on this rule should do so at this time. If no such comments 
are received, the public is advised that this rule will be effective on 
November 2, 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 (OMB) has exempted this 
regulatory action from 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 
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 November 2, 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: August 13, 1998.
Laura Yoshi,
Deputy 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)(199)(i)(E)(1) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (199) * * *
    (i) * * *
    (E) Yolo-Solano Air Quality Management District
    (1) Rule 2.34, adopted on July 13, 1994
* * * * *
[FR Doc. 98-23500 Filed 9-2-98; 8:45 am]
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