[Federal Register Volume 64, Number 200 (Monday, October 18, 1999)]
[Proposed Rules]
[Pages 56181-56185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27141]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0183; FRL-6459-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, South Coast Air Quality Management 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the California State 
Implementation Plan (SIP) originally proposed for a limited approval 
and limited disapproval in the Federal Register, 64 FR 13375, on March 
18, 1999. The revision concerns a rule from the South Coast Air Quality 
Management District (SCAQMD). The rule controls emissions of oxides of 
nitrogen from stationary gas turbines. The intended effect of proposing 
approval of this rule is to regulate emissions of oxides of nitrogen 
(NOX) in

[[Page 56182]]

accordance with the requirements of the Clean Air Act, as amended in 
1990 (CAA or the Act). EPA's final action on this proposed rule will 
incorporate this rule into the Federally approved SIP. EPA has 
evaluated this rule and is proposing to approve it 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: Comments on this proposed action must be received in writing on 
or before November 17, 1999.

ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking 
Office, AIR-4, Air Division, U.S. Environmental Protection Agency, 
Region 9, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the rule revision and the administrative record for a 
previous EPA proposed action for this rule are available for public 
inspection at EPA's Region IX office during normal business hours. 
Copies of the submitted rule revisions 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, 
S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Ed Addison, Rulemaking Office, AIR-4, 
Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1160.

SUPPLEMENTARY INFORMATION:

I. Applicability

    This Federal Register action for the SCAQMD excludes the Los 
Angeles County portion of the Southeast Desert Air Quality Management 
District, 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. The rule being proposed 
for approval into the California SIP is SCAQMD, Rule 1134, Emissions of 
Oxides of Nitrogen from Stationary Gas Turbines. This rule was 
submitted by the California Air Resources Board (CARB) to EPA on March 
10, 1998.

II. Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA) 
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 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. 
SCAQMD is classified as extreme 1; therefore this area is 
subject to the RACT requirements of section 182(b)(2) and the November 
15, 1992 deadline cited below.
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    \1\ SCAQMD retained it's designation of nonattainment and was 
classified by operation of law pursuant to 107(d) and 181(a) upon 
the date of enactment of the CAA. See 55 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 technologies 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.
    This document addresses EPA's proposed action for South Coast Air 
Quality Management District (SCAQMD) Rule 1134, Emissions of Oxides of 
Nitrogen from Stationary Gas Turbines Engines, adopted by the SCAQMD on 
August 8, 1997. The State of California submitted this Rule 1134 to EPA 
on March 10, 1998. The rule was found to be complete on May 21, 1998, 
pursuant to EPA's completeness criteria that are set forth in 40 CFR 
Part 51, Appendix V 2 and is being proposed 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. This rule was submitted in response to EPA's 1988 
SIP-Call and the CAA section 110(a)(2)(A) requirement that plans which 
are submitted to the EPA in order to achieve the National Ambient Air 
Quality Standards (NAAQS) contain enforceable emission limitations. A 
detailed discussion of the background for this rule and nonattainment 
area is provided in the proposed rulemaking cited above.
    EPA has evaluated the above rule 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 rulemaking cited above. EPA has 
found that the rule meets the applicable EPA requirements. The rule is 
enforceable and strengthens the applicable SIP. However, as noted in 
the proposed rulemaking cited above, it represents a relaxation of the 
existing SIP. On March 18, 1999, in 64 FR 13375, EPA proposed limited 
approval and limited disapproval of SCAQMD Rule 1134, Emissions of 
Oxides of Nitrogen from Stationary Gas Turbines into the California 
SIP. A detailed discussion of the rule provisions and evaluation has 
been provided in 64 FR 13375 and in a technical support document (TSD) 
dated February 11, 1999 available at EPA's Region IX office.

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 those

[[Page 56183]]

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 Deviation, 
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. In the NOX Supplement, 
EPA provides preliminary 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.
    The California Air Resources Board (CARB) developed a 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. EPA has 
used CARB's guidance document, dated May 18, 1992, in evaluating Rule 
1134 for consistency with the CAA's RACT requirements.
    There is currently a November 1, 1996 version of South Coast Air 
Quality Management District (SCAQMD) Rule 1134, Emissions of Oxides of 
Nitrogen from Stationary Gas Turbines included in the SIP. The 
submitted rule includes the following provisions:
     General provisions including applicability, exemptions, 
and definitions.
     Exhaust emissions standards for oxides of nitrogen 
(NOX) and carbon monoxide (CO).
     Administrative and monitoring requirements including 
compliance schedule, reporting requirements, monitoring and record 
keeping, and test methods.
    Rules submitted to EPA for approval as revisions to the SIP must be 
fully enforceable, must maintain or strengthen the SIP and must conform 
with EPA policy in order to be approved by EPA. When reviewing rules 
for SIP approvability, EPA evaluates enforceability elements such as 
test methods, record keeping, and compliance testing in addition to 
RACT guidance regarding emission limits. Rule 1134 strengthens the SIP 
through the addition of enforceable measures such as record keeping, 
test methods, and definitions.
    EPA has evaluated South Coast Air Quality Management District Rule 
1134 for consistency with the CAA, EPA regulations, and EPA policy and 
has found that the revisions address and correct many deficiencies 
previously identified by EPA. These corrected deficiencies have 
resulted in a clearer, more enforceable rule.
    In evaluating the rule, EPA must also determine whether the section 
182(b) requirement for RACT implementation by May 31, 1995 is met. 
Under certain circumstances, the determination of what constitutes RACT 
can include consideration of advanced control technologies such as CARB 
BARCT requirements. As Rule 1134 requires all units to comply by 
December 31, 1995, EPA considers the May 31, 1995 deadline to have been 
met. EPA has further found that the amendment to Rule 1134 conforms 
with the CARB Determination of Reasonably Available Control Technology 
(RACT) and Best Available Retrofit Control Technology (BARCT) for 
Control of Oxides of Nitrogen from Stationary Gas Turbines dated May 
18, 1992, and is therefore consistent with the CAA's RACT requirement.
    EPA has evaluated South Coast Air Quality Management District Rule 
1134 for consistency with the CAA, EPA regulations, and EPA policy and 
has found that although most of the modifications to SCAQMD Rule 1134 
will strengthen the SIP, one modification relaxes the SIP.

    Section (c)(1) of the rule raises the emission limit for one 
facility at Carson from 9 ppmv to 25 ppmv NOX. The 
District has stated that no viable alternatives are evident that 
will enable this unit to achieve the existing Rule 1134 emission 
limit. The District estimated that this relaxation will result in 
increased emissions of approximately 46 tons per year of 
NOX.

    On March 18, 1999, in 64 FR 13375, EPA proposed a limited approval 
and limited disapproval of SCAQMD Rule 1134, because the district had 
failed to demonstrate that this relaxation complies with Section 110(l) 
of the Act.
    A more detailed discussion of the basis for EPA's proposed action 
can be found in the Technical Support Document (TSD), dated February 
11, 1999, which is available from the U.S. EPA, Region IX office.
    EPA provided for a 30-day public comment period in 64 FR 13375 and 
a 30 day extension in 64 FR 24988. EPA received comments on the 
proposed rulemaking prior to the closing of the second comment period, 
from the County Sanitation District of Los Angeles County, South Coast 
Air Quality Management District, Sempra Energy, and Solar Turbines, 
Incorporated.
    The County Sanitation District of L.A., submitted comments stated 
that they operate the sole facility, at Carson, CA, affected by the 
relaxation and that EPA's information was lacking many of the details 
of the effort that was conducted at this facility in an attempt to 
achieve the 9 ppmv NOX emission level contained in the 
original Rule 1134. The Sanitation District asserted that the 
NOX limits are not technologically feasible and they would 
forward the chronology of the activities undertaken involving this 
issue.
    Commenter Solar Turbines, Incorporated, confirmed that low 
NOX combustion controls are not as yet available from any 
supplier for use on low Btu digester gas.
    They stated that improvement of the selective catalytic reduction 
(SCR) unit performance, which now only provides 20 percent 
NOX reduction, is not technically feasible due to the 
ongoing siloxane poisoning of the SCR catalyst. The proposed amendment 
emissions limit of 25 ppmv NOX is being achieved primarily 
via water injection.
    The Sanitation District commenter suggested that EPA approve the 
revisions to Rule 1134 as all reasonable approaches have been tried and 
found technologically infeasible to achieve 9 ppmv NOX 
emission level.
    The Sanitation District supplied a summary of the chronological 
detail on all of the NOX control related activities at the 
LACSD turbine facility and SCAQMD submitted comments in response to the 
CAA 110(l) requirement for achieving emission reductions, stating that 
the NOX levels do not interfere with attainment, reasonable 
further progress, or other requirement of the Clean Air Act, as 
specified by section 110(l).
    EPA reviewed all the material submitted during the comment period 
and agrees that LACSD has investigated

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the currently available RACT approaches to lower the NOX 
emissions from the LACSD facility. We understand that the limitation on 
the SCR performance is the lack of a method for removing silicon 
compounds from the digester gas. Such removal may or may not be 
possible in the future. Water scrubbing does not appear to be effective 
for removing siloxanes. However, similar units have had preliminary 
success using carbon bed filtration of the digester gas. SCAQMD and the 
affected source should continue investigating various siloxane removal 
methods, and SCAQMD should revise the rule when one is found.

Proposed Action

    EPA is proposing action to approve the above rule 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 and in light of EPA's authority pursuant to section 301(a) to 
adopt regulations necessary to further air quality by strengthening the 
SIP. This approval action will incorporate this 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 
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.

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, Regulatory 
Planning and Review.

B. Executive Order 12875

    Under E.O. 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, E.O. 12875 requires 
EPA to provide to the OMB 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, 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 is 
does not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under E.O. 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, E.O. 13084 requires EPA to 
provide to the OMB, 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, E.O. 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 rule 
does not significantly or uniquely affect the communities of Indian 
tribal governments. 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

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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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, 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: September 24, 1999.
Laura Yoshii,
Deputy, Regional Administrator, Region IX.
[FR Doc. 99-27141 Filed 10-15-99; 8:45 am]
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