[Federal Register Volume 64, Number 28 (Thursday, February 11, 1999)]
[Rules and Regulations]
[Pages 6803-6806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3143]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 164-0112a; FRL-6227-2]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; San Joaquin Valley Unified Air 
Pollution Control District, Sacramento Metropolitan 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 revisions to the 
California State Implementation Plan (SIP). The revisions concern rules 
from the San Joaquin Valley Unified Air Pollution Control District 
(SJVUAPCD) and the Sacramento Metropolitan Air Management Control 
District (SMAQMD). SJVUAPCD's Rule 4352 controls oxides of nitrogen 
(NOX) emissions from solid fuel fired boilers, steam 
generators and process heaters. SMAQMD's Rule 413 control 
NOX emissions from stationary gas turbines operations. This 
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). 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 rule is effective on April 12, 1999 without further notice, 
unless EPA receives adverse comments by March 15, 1999. If EPA receives 
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 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:

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 95814.
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson 
Road, Sacramento, CA 95826.

FOR FURTHER INFORMATION CONTACT: Max. A. Fantillo Jr, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 
744-1183.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP include: 
SJVUAPCD's Rule 4352, Solid Fuel Fired Boilers, Steam Generators and 
Process Heaters, and SMAQMD's Rule 413, Stationary Gas Turbines. The 
SJVUAPCD rule was submitted by the California Air Resources Board 
(CARB) to EPA on March 26, 1996 and the SMAQMD rule was submitted on 
May 18, 1998.

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 and 
provides guidance on 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 
San Joaquin Valley Area is classified as serious; the Sacramento Metro 
Area is classified as severe; 1 therefore these areas were 
subject to the RACT requirements of section 182(b)(2), cited below and 
the November 15, 1992 deadline.
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    \1\ San Joaquin Valley 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). The Sacramento Metro Area was 
reclassified from serious to severe on June 1, 1995. See 60 FR 20237 
(April 25, 1995).
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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 not later than May 31, 
1995.
    The State of California submitted many revised RACT rules for 
incorporation into its SIP on March 26, 1996 and May 18, 1998, 
including the rules being acted on in this document. This document 
addresses EPA's direct-final action for SJVUAPCD Rule 4352, Solid Fuel 
Fired Boilers, Steam Generators and Process Heaters, and SMAQMD Rule 
413, Stationary Gas Turbines. SJVUAPCD adopted Rule 4352 on October 19, 
1995 and SMAQMD adopted Rule 413 on May 1, 1997. These submitted rules 
were found to be complete on May 5, 1996 and July 17, 1998 pursuant to 
EPA's completeness criteria that are set forth in 40 CFR Part 51 
Appendix V 2 and are being finalized for approval into the 
SIP. By today's document, EPA is taking direct final action to approve 
these rules 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 smog. SJVUAPCD's Rule 4352 controls emissions of 
NOX from solid fuel fired boilers, steam generators and 
process heaters and SMAQMD's 413 controls emissions of NOX 
from stationary gas turbine operations. The rules were adopted as part 
of SJVUAPCD's and SMAQMD's efforts to achieve the National Ambient Air 
Quality Standards (NAAQS) for ozone and in response to the CAA 
requirements cited above. The

[[Page 6804]]

following is EPA's evaluation and final action for these rules.

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 has issued 
alternative control technique documents (ACTs), that identify 
alternative controls for all categories of stationary sources of 
NOX. The ACT documents 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 do 
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.
    Rule 4352 limits emissions of oxides of nitrogen (NOX) 
and carbon monoxide (CO) from solid fuel fired boilers, steam 
generators, and process heaters within the San Joaquin Valley Area.
    The SIP version of Rule 4352 has emission limits that was 
previously determined to meet the reasonably available control 
technology (RACT) requirements. The rule also has enforceability 
elements such as applicability, definitions, recordkeeping, test 
methods, and compliance schedule.
    Rule 4352 was revised to allow the use of CARB Method 100, an 
alternative test method, to provide flexibility to owners/operators and 
simplify the compliance determination. This alternative test method may 
be used for measuring NOX and CO emissions, and for 
measuring the stack gas oxygen. CARB Method 100 has been approved by 
EPA.
    Rule 413 limits NOX emissions from stationary gas 
turbines with ratings equal or greater than 0.3 megawatt (MW) within 
the SMAQMD area.
    The current version of Rule 413 has provisions for emission limits 
that meets the California Air Resources Board (CARB) reasonably 
available control technology and best available retrofit control 
technology (RACT/BARCT) emission limits for gas turbines. The rule also 
has enforceability elements such as applicability, definitions, 
monitoring, recordkeeping, test methods, and compliance schedules. All 
these elements are already in the SIP approved version of the rule.
    Rule 413 is being revised to change and improve clarity to some 
provisions in the rule. Specifically, the changes are the following: 
(1) exempts emergency standby units from the requirement to install 
continuous emission monitoring systems (CEM); instead, these units will 
install meters to record the time they operate; (2) exempt units 
removed from service by May 31, 1997 from the requirement to install 
CEMs; (3) identifies clearly exempted emergency standby units according 
to the type of emergency and established limits for the total hours of 
operation allowed per year for each unit.
    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 SJVUAPCD's 
Rule 4352 and SMAQMD's Rule 413, dated January 20, 1999.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SJVUAPCD's Rule 4352, Solid Fuel Fired Boiler, Steam 
Generators and Process Heaters, and SMAQMD's Rule 413, Stationary Gas 
Turbines 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 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 SIP revision should adverse 
comments be filed. This rule will be effective April 12, 1999 without 
further notice unless the agency receives adverse comments by March 15, 
1999.
    If the EPA receives 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 commenting on this rule should do so at this 
time. If no such comments are received, the public is advised that this 
action will be effective April 12, 1999 and no further action will be 
taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal

[[Page 6805]]

governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of state, local, and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create a mandate on state, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian Tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of 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).

F. 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 
annual 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 annual 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    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).

H. 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 April 12, 1999. 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.


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    Dated: January 14, 1999.
Felicia Marcus,
Regional Administrator, Region 9.
    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 paragraphs (c)(230)(i)(D)(1) 
and (255)(i)(A)(4) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (230) * * *
    (i) * * *
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4352, amended on October 19, 1995.
* * * * *
    (255) * * *
    (i) * * *
    (A) * * *
    (4) Rule 413, amended May 1, 1997.
* * * * *
[FR Doc. 99-3143 Filed 2-10-99; 8:45 am]
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