[Federal Register Volume 65, Number 176 (Monday, September 11, 2000)]
[Proposed Rules]
[Pages 54828-54832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22976]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 226-0226; FRL-6865-8]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Bay Area Air Quality Management 
District and Ventura County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: We are proposing a limited approval to revisions to the 
Ventura County Air Pollution Control District (VCAPCD) portion of the 
California State Implementation Plan (SIP) concerning particulate 
matter (PM-10) (There are two separate national ambient air quality 
standards (NAAQS) for PM-10, an annual standard of 50 g/m\3\ 
and a 24-hour standard of 150 g/m\3\) emissions and carbon 
monoxide (CO) emissions from incineration and from fuel burning 
equipment.
    The intended effect of proposing a limited approval of these rules 
is to strengthen the federally approved SIP by incorporating this 
revision. EPA's final action on this proposal will incorporate these 
rules into the SIP. While strengthening the SIP, this revision contains 
deficiencies which the VCAPCD must address before EPA can grant full 
approval under section 110(k)(3).

[[Page 54829]]

    We are also proposing full approval of a revision to the BAAQMD 
portion of the California SIP concerning nitrogen oxide 
(NOX) emissions from boilers, steam generators, and process 
heaters.
    We are following the CAA requirements for actions on SIP 
submittals, SIPs for national primary and secondary ambient air quality 
standards, and plan requirements for attainment and nonattainment 
areas.

DATES: Any comments must arrive by October 11, 2000.

ADDRESSES: Mail comments to: Andrew Steckel, Chief, Rulemaking Office, 
AIR-4, Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105.
    You can inspect copies of the submitted rule revisions and our 
technical support document (TSD) at our Region IX office from 8 am to 
4:30 pm, Monday through Friday. To see copies of the submitted rule 
revisions, you may also go to the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94105.
Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1135.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What are the purposes or changes in the submitted rules?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. What are the rule deficiencies?
    D. EPA recommendations to further improve the rules
    E. Proposed action and public comment
III. Background Information
    A. Why were these rules submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by the local air agency and submitted to us by 
the California Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                      Rule No.                Rule title          Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
BAAQMD..............................  Manual of Procedures 1-  Boiler, Steam               09/15/93     07/23/96
                                       5.                       Generator, and Process
                                                                Heater Tuning
                                                                Procedure.
VCAPCD..............................  57.....................  Combustion                  06/14/77     01/21/00
                                                                Contaminants--Specific.
VCAPCD..............................  68.....................  Carbon Monoxide........     06/14/77     01/21/00
----------------------------------------------------------------------------------------------------------------

    On October 30, 1996, March 1, 2000, and March 1, 2000, 
respectively, these rule submittals were found to meet the completeness 
criteria in 40 CFR part 51 appendix V, which must be met before formal 
EPA review.

B. Are There Other Versions of These Rules?

    There are no previous versions of BAAQMD Manual of Procedures, 
Volume I, Chapter 5 in the SIP.
    We previously approved a version of VCAPCD Rule 57 into the SIP on 
August 15, 1977 (42 FR 41121).
    We previously approved a version of VCAPCD Rule 68 into the SIP on 
September 22, 1972 (37 FR 19806).

C. What Are the Purposes or Changes in the Submitted Rules?

    BAAQMD Rule Manual of Procedures Volume I, Chapter 5 is a step-wise 
procedure for tuning boilers, steam generators, and process heaters to 
provide sufficient oxygen for complete combustion, but not too much 
oxygen for minimization of NOX formation. The tuning 
procedure is required by BAAQMD Rule 9-7, Nitrogen Oxides and Carbon 
Monoxide from Industrial, Institutional, and Commercial Boilers, Steam 
Generators, and Process Heaters.
    VCAPCD Rules 57 and 68 both add an exemption for jet engine and 
rocket engine test stands to the fuel burning equipment sections of the 
rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    We evaluated these rules for enforceability and consistency with 
the CAA as amended in 1990, with 40 CFR part 51, and with EPA's RACT 
Guidance, NOX policy, and PM-10 policy. BAAQMD is a 
NOX attainment area and an ozone nonattainment area.\1\ 
Ozone nonattainment areas must meet the requirements of RACT according 
to section 172(c)(1) of the CAA. VCAPCD is a PM-10 maintenance 
attainment area and a CO attainment area.
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    \1\ On July 10, 1998 (63 FR 37258), EPA published the final rule 
redesignating the San Francisco Bay Area to nonattainment with the 
federal 1-hour ozone NAAQS. The redesignation was authorized under 
the general nonattainment provisions of subpart 1 of the Act. The 
Bay Area, therefore, does not have a subpart 2 classification. When 
comparing air quality in the Bay Area to the traditional subpart 2 
classification system, the Bay Area's design value is equivalent to 
that of a moderate area.
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    Guidance and policy documents that we used to evaluate the rules 
are as follows:
     PM-10 Guideline Document (EPA-452/R-93-008).
     Sourcebook: NOX Control Technical Data (EPA-
600/2-91-029).
     Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations, Clarification to Appendix D of November 24, 1987 
Federal Register (52 FR 45044) (The Blue Book).

B. Do the Rules Meet the Evaluation Criteria?

    BAAQMD Manual of Procedures, Volume I, Chapter 5 meets the 
evaluation criteria.
    The adoption of revised VCAPCD Rules 57 and 68 improves the SIP by 
bringing the SIP into conformance with long historical practice in the 
District. Although, the addition of an exemption may, under certain 
circumstances, lessen the stringency of the SIP, approval of the 
revised Rules VCAPCD 57 and 68 is not inconsistent with sections 110(l) 
and 193 of the CAA for the following reasons:
     There are two sources of jet engine and rocket engine test 
stand PM-10 emissions in the VCAPCD that are regulated by permit and 
are allowed to emit up to 2.13 and 5.44 tons/year PM-10, respectively. 
These small uncontrolled sources are included in the

[[Page 54830]]

air quality management plan for the District without any credit taken 
for controls. Therefore, exempting these small sources from Rule 57 
will not cause a violation of the NAAQS for PM-10.
     There are two sources of jet engine and rocket engine test 
stand CO emissions in the VCAPCD that are regulated by permit are 
allowed to emit up to 839 and 17 tons/year CO, respectively. These 
uncontrolled sources are included in the air quality management plan 
for the District without any credit taken for controls. In a letter 
from CARB to EPA Region IX dated May 7, 1979, CARB concluded that the 
exemption to Rule 68 would not prevent attainment or maintenance of the 
NAAQS for CO. Therefore, we do not expect these sources to cause a 
violation of the NAAQS for CO.

C. What Are the Rule Deficiencies?

    VCAPCD Rules 57 and 68 have the following deficiencies that prevent 
full approval:
     The enforceability is limited, because EPA-approved test 
methods are not included in the rules.
     The enforceability is limited, because monitoring is not 
required by the rules.
     The enforceability is limited, because recordkeeping is 
not required by the rules.

D. EPA Recommendations To Further Improve the Rules

    The TSD for VCAPCD Rule 68 describes an additional rule revision 
that does not affect EPA's current action but is recommended for the 
next time the local agency modifies the rules.

E. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) and 301(a) of the Act, we are 
proposing a limited approval of VCAPCD Rules 57 and 68 to improve the 
SIP. If finalized, this action would incorporate the submitted rules 
into the SIP. No sanctions under section 179 are associated with this 
proposed action.
    As authorized in section 110(k) of the Act, we are proposing a full 
approval of BAAQMD Manual of Procedures, Volume I, Chapter 5 to improve 
the SIP.
    We will accept comments from the public on the proposed full 
approval and proposed limited approvals for the next 30 days.

III. Background Information

A. Why Were These Rules Submitted?

    PM-10 harms human health and the environment. Section 110(a) of the 
CAA requires states to submit regulations that control PM-10 emissions. 
Table 2 lists some of the national milestones leading to the submittal 
of local agency PM-10 rules.

                Table 2.-- PM-10 Nonattainment Milestones
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               Date                                 Event
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March 3, 1978.....................  EPA promulgated a list of total
                                     suspended particulate (TSP)
                                     nonattainment areas under the Clean
                                     Air Act, as amended in 1977. 43 FR
                                     8964; 40 CFR 81.305.
July 1, 1987......................  EPA replaced the TSP standards with
                                     new PM standards applying only up
                                     to 10 microns in diameter (PM-10).
                                     52 FR 24672.
November 15, 1990.................  Clean Air Act Amendments of 1990
                                     were enacted, Pub. L. 101-549, 104
                                     Stat. 2399, codified at 42 U.S.C.
                                     7401-7671q.
November 15, 1990.................  PM-10 areas meeting the
                                     qualifications of section
                                     107(d)(4)(B) of the CAA were
                                     designated nonattainment by
                                     operation of law and classified as
                                     moderate or serious pursuant to
                                     section 189(a). States are required
                                     by section 110(a) to submit rules
                                     regulating PM-10 emissions in order
                                     to achieve the attainment dates
                                     specified in section 188(c).
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    CO harms human health and the environment. Section 110(a) of the 
CAA requires states to submit regulations that control CO emissions. 
Table 3 lists some of the national milestones leading to the submittal 
of local agency CO rules.

                  Table 3.--CO Nonattainment Milestones
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               Date                                 Event
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March 3, 1978.....................  EPA promulgated a list of CO
                                     nonattainment areas under the Clean
                                     Air Act, as amended in 1977. 40 CFR
                                     81.305.
November 15, 1990.................  Clean Air Act Amendments of 1990
                                     were enacted, Pub. L. 101-549, 104
                                     Stat. 2399, codified at 42 U.S.C.
                                     7401-7671q.
November 15, 1990.................  CO areas meeting the qualifications
                                     of section 107(d)(4)(A) of the CAA
                                     were designated nonattainment by
                                     operation of law and classified as
                                     moderate or serious pursuant to
                                     section 186(a). States are required
                                     by section 110(a) to submit rules
                                     regulating CO emissions in order to
                                     achieve the attainment dates
                                     specified in section 186(a)(1).
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    NOX helps produce ground-level ozone, smog and 
particulate matter, which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control NOX emissions. Table 4 lists some of the national 
milestones leading to the submittal of these local agency 
NOX rules.

                Table 4.--Ozone Nonattainment Milestones
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               Date                                 Event
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March 3, 1987.....................  EPA promulgated a list of ozone
                                     nonattainment areas under the Clean
                                     Air Act as amended in 1977. 43 FR
                                     8964; 40 CFR 81.305.
May 26, 1988......................  EPA notified Governors that parts of
                                     their SIPs were inadequate to
                                     attain and maintain the ozone
                                     standard and requested that they
                                     correct the deficiencies (EPA's SIP-
                                     Call). See section 110(a)(2)(H) of
                                     the pre-amended Act.

[[Page 54831]]

 
November 15, 1990.................  Clean Air Act Amendments of 1990
                                     were enacted. Pub. L. 101-549, 104
                                     Stat. 2399, codified at 42 U.S.C.
                                     7401-7671q.
May 15, 1991......................  Section 182(a)(2)(A) requires that
                                     ozone nonattainment areas correct
                                     deficient RACT rules by this date.
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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 13045

    Executive Order 13045, entitled 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.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. 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 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, 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 proposed rule does 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 this proposed 
rule.

D. Executive Order 13132

    Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999) revokes and replaces Executive Orders 12612, Federalism and 
12875, Enhancing the Intergovernmental Partnership. Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
because it merely acts on a state rule implementing a federal standard, 
and does not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. Thus, the 
requirements of section 6 of the Executive Order do not apply to this 
proposed 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 proposed rule will not have a significant impact on a 
substantial number of small entities because SIP actions under section 
110 and subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply act on requirements that the State is already 
imposing. Therefore, because the Federal SIP action 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

[[Page 54832]]

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 proposed action 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 proposed Federal action acts 
on 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. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    EPA believes that VCS are inapplicable to today's proposed action 
because it does not require the public to perform activities conducive 
to the use of VCS.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxide, Ozone, and Particulate matter.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: August 23, 2000.
Nora McGee,
Acting Regional Administrator, Region IX.
[FR Doc. 00-22976 Filed 9-8-00; 8:45 am]
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