[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51688-51691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24449]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA201-169a; FRL-6436-2]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Santa Barbara County Air Pollution 
Control District; Kern County Air Pollution Control District; and 
Ventura County 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, 
Santa Barbara County Air Pollution Control District (SBCAPCD), Rule 
342; Kern County Air Pollution Control District (KCAPCD), Rule 425.2; 
and Ventura County Air Pollution District (VCAPCD), Rule 74.11. The 
rules control emissions of oxides of nitrogen (NOX) from 
boilers, steam generators, process heaters and natural gas-fired 
residential water heaters.
    This approval action will incorporate the rules into the Federally 
approved SIP. The intended effect of approving of the rules is to 
regulate NOX emissions 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 revision into the California SIP under 
provisions of the CAA regarding EPA actions on SIP submittals, SIPs for 
national primary and secondary ambient air quality standards (NAAQS), 
and plan requirements for nonattainment areas.

DATES: The rule is effective on November 23, 1999 without further 
notice, unless EPA receives adverse comments by October 25, 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 rule 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 
respective 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 94105-3901.
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
Santa Barbara County Air Pollution Control District 26 Castilian Drive, 
Suite B-23, Goleta, CA 93117-3027
Kern County Air Pollution Control District 2700 ``M'' Street, Suite 
302, Bakersfield, CA 93301-2370
Ventura County Air Pollution Control District 669 County Square Drive, 
2nd Floor, Ventura, CA 93003-5417

FOR FURTHER INFORMATION CONTACT: Sam Agpawa, Air Planning Office, AIR-
2, Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 744-
1228.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP are: (1) SBCAPCD 
Rule 342; (2) KCAPCD Rule 425.2 and (3) VCAPCD Rule 74.11. Rule 342 and 
425.2 apply to boilers, steam generators, process heaters, and, Rule 
74.11 applies to natural gas-fired residential water heaters. The rules 
were submitted by the State of California to EPA on: (1) SBCAPCD Rule 
342--March 10, 1998; (2) KCAPCD Rule 425.2--September 8, 1997; and (3) 
VCAPCD Rule 74.11--October 16, 1985.

II. Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 were 
enacted. Public Law 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 preliminary guidance on the requirements of section 182(f). 
The November 25, 1992, action 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 sections 182(c), (d), and (e)) 
as are applied to major stationary sources of volatile organic 
compounds (VOCs), in moderate or above ozone nonattainment areas. 
SBCAPCD and KCAPCD are designated and classified as non-attainment-
serious for ozone; VCAPCD is designated and classified as 
nonatttainment-severe; 1 therefore, the jurisdictional areas 
of SBCAPCD; KCAPCD and VCAPCD are subject to the RACT requirements of 
section 182(b)(2) cited below and the November 15, 1992 deadline.
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    \1\ Santa Barbara, Kern and Ventura Counties retained their 
designation(s) 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 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 (and NOX) emissions (not covered 
by a pre-enactment control

[[Page 51689]]

technologies guidelines (CTG) document or a post-enactment CTG 
document) by November 15, 1992. There are no major stationary sources 
covered by VCAPCD's rule and RACT requirements do not apply; however, 
this rule is expected to achieve substantial reductions of 
NOX because it applies to a large number of small sources.
    This document addresses EPA's direct final action for SBCAPCD Rule 
342; KCAPCD Rule 425.2; and VCAPCD Rule 74.11 applying to boilers, 
steam generators and process heaters and natural gas-fired residential 
water heaters. The rules were adopted on: (1) SBCAPCD Rule 342--April 
17, 1997; (2) KCAPCD Rule 425.2--July 10, 1997 and (3) VCAPCD Rule 
74.11--April 9, 1985.
    The State of California submitted the rules to EPA for 
incorporation into its SIP on: (1) SBCAPCD Rule 342--March 10, 1998; 
(2) KCAPCD Rule 425.2--September 8, 1997; and (3) VCAPCD Rule 74.11--
October 16, 1985. SBCAPCD Rule 342 was found complete on May 21, 1998; 
KCAPCD Rule 425.2 was found complete on October 20, 1997 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. VCAPCD Rule 74.11 was submitted prior to the implementation of the 
completeness criteria and its requirements. Therefore, the criteria as 
set forth in 40 CFR part 51 does not apply to VCAPCD Rule 74.11. This 
rule is also being finalized for approval into the 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. All the rules specify exhaust emission standards 
for NOX from various combustion devices. The rules were 
originally adopted as part of each applicable district's efforts to 
achieve the National Ambient Air Quality Standard (NAAQS) for ozone, 
and in response to the CAA requirements cited above. The following is 
EPA's evaluation and final action for these rules.

III. EPA Evaluation and Proposed 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 today's action, appears in the NOX 
Supplement (57 FR 55620) and various other 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.
    The submitted SBCAPCD Rule 342 corrects a minor discrepancy in the 
version of the rule approved into the SIP by EPA on December 13, 1994. 
The submitted KCAPCD Rule 425.2 deleted superfluous language (e.g., 
``the'') from various sections of the version of the rule approved into 
the SIP by EPA on July 24, 1995. Both of these rules establish emission 
limits and monitoring, reporting and record keeping requirements for 
boilers, steam generators and process heaters. VCAPCD Rule 74.11 
prohibits the sale and installation of residential water heaters within 
Ventura County that exceed the Rules's specified emission rates. There 
is currently no version in the SIP of VCAPCD Rule 74.11. Similar rules, 
however, from South Coast and other areas have been approved into the 
SIP and are being successfully implemented locally.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations and EPA policy. Therefore, 
SBCAPCD Rule 342 and KCAPCD Rule 425.2, Control of Oxides of Nitrogen 
(NOX) From Boilers, Steam Generators and Process Heater; and 
VCAPCD Rule 74.11, Natural Gas-fired Residential Water Heaters; 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.

IV. Administrative Requirements

A. Executive Order 12866

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

B. Executive Order 12875

    Under Executive Order 12875, Enhancing the Intergovernmental 
Partnership, 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, or 
EPA consults with those governments. If EPA complies by consulting, 
Executive Order 12875 requires EPA to 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 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 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 rules do not create a mandate on State, local or tribal 
governments. The rules do not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to these rules.

[[Page 51690]]

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 
Executive Order 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. These rules are not subject to 
Executive Order 13045 because they do not involve decisions intended to 
mitigate environmental health or safety risks.

D. Executive Order 13084

    Under Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments, EPA may not issue a regulation that is not 
required by statute, that significantly 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, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to 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 officials 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 
rules do not significantly or uniquely affect the communities of Indian 
tribal governments. Accordingly, the requirements of section 3(b) of 
Executive Order 13084 do not apply to these rules.

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. These final rules 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. These rules are not 
``major'' rules 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 November 23, 1999. Filing a 
petition for reconsideration by the Administrator of these final rules 
does not affect the finality of these rules 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 rules 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, Oxides of 
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 1, 1999.
Felicia Marcus,
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 paragraphs 
(c)(164)(i)(C)(4), (c)(249)(i)(B), and (c)(254)(i)(C)(4) to read as 
follows:

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Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (164) * * *
    (i) * * *
    (C) * * *
    (4) Rule 74.11 adopted on April 9, 1985.
* * * * *
    (249) * * *
    (i) * * *
    (B) Kern County Air Pollution Control District.
    (1) Rule 425.2 adopted on October 13, 1994 and amended on July 10, 
1997.
* * * * *
    (254) * * *
    (i) * * *
    (C) * * *
    (4) Rule 342 amended on April 17, 1997.
* * * * *
[FR Doc. 99-24449 Filed 9-23-99; 8:45 am]
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