[Federal Register Volume 65, Number 245 (Wednesday, December 20, 2000)]
[Rules and Regulations]
[Pages 79752-79754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32019]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 238-0256a; FRL-6895-7]


Revisions to the California State Implementation Plan, Santa 
Barbara and Ventura County Air Pollution Control Districts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve revisions to the 
Santa Barbara County Air Pollution Control District (SBCAPCD) and 
Ventura County Air Pollution Control District (VCAPCD) portion of the 
California State Implementation Plan (SIP). These revisions concern 
Oxides of Nitrogen (NOX) emissions from Natural-Gas Fired 
Fan-Type Central Furnaces and Residential Water Heaters, Large Water 
Heaters and Small Boilers. We are approving local rules that regulate 
these emission sources under the Clean Air Act as amended in 1990 (CAA 
or the Act).

DATES: This rule is effective on February 20, 2001 without further 
notice, unless EPA receives adverse comments by January 19, 2001. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.
    You can inspect copies of the submitted SIP revisions and EPA's 
technical support documents (TSDs) at our Region IX office during 
normal business hours. You may also see copies of the submitted SIP 
revisions at the following locations:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812

[[Page 79753]]

Santa Barbara County, Air Pollution Control District, 26 Castillian 
Drive, Suite B-23, Goleta, CA 93117
Ventura County APCD, 669 County Square Dr., 2nd Fl., Ventura, CA 93003-
5417

FOR FURTHER INFORMATION CONTACT: Ed Addison, Rulemaking Office (AIR-4), 
U.S. Environmental Protection Agency, Region IX, (415) 744-1160.

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 is the purpose of 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. EPA recommendations to further improve the rules
    D. Public comment and final action
III. Background Information
    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 we are approving with the dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
           Local agency              Rule no.                   Rule title                   Adopted   Submitted
----------------------------------------------------------------------------------------------------------------
SBCAPCD...........................        352  Natural-Gas Fired Fan-Type Central Furnaces   09/16/99   01/21/00
                                                and Residential Water Heaters.
VCAPCD............................    74.11.1  Large Water Heaters and Small Boilers......   09/14/99   01/21/00
----------------------------------------------------------------------------------------------------------------

    On March 1, 2000, 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 SBCAPCD Rule 352, Natural-Gas 
Fired Fan-Type Central Furnaces and Residential Water Heaters, or 
VCAPCD Rule 74.11.1, Large Water Heaters and Small Boilers.

C. What Is the Purpose of the Submitted Rules?

    In the VCAPCD, after December 31, 2000, for any water heater, 
boiler, steam generator or process heater offered for sale, sold or 
installed of between 175,000 and 400,000 Btu/hour heat input capacity; 
and for SBCAPCD natural-gas fired fan-type central furnaces and 
residential water heaters, for units of less than 175,000 Btu/hour, and 
combination heating and cooling units of less than 65,000 Btu/hour 
cooling capacity, both rules limit total emissions to not exceed 40 
nanograms of NOX per joule of heat output (0.093 pounds of 
oxides of nitrogen per million Btu) or 55 ppmv NOX. The TSD 
has more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available Control Technology (RACT) for 
major sources in nonattainment areas (see sections 182(a)(2)(A) and 
182(f)), and must not relax existing requirements (see sections 110(l) 
and 193). Rule 74.11.1 potentially regulates major sources in an ozone 
nonattainment area (see 40 CFR part 81), so the Rule must fulfill RACT.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:
    1. ``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), 57 FR 55620, 
November 25, 1992.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations; Clarification to Appendix D of November 24, 1987 Federal 
Register document,'' (Blue Book), notice of availability published in 
the May 25, 1988 Federal Register.
    3. South Coast Air Quality Management Control District Protocol, 
``Nitrogen Oxides Emissions Compliance Testing for Natural Gas Fired 
Water Heaters and Small Boilers, Source Testing and Engineering Branch, 
Applied Science and Technology, March 1995,'' was developed jointly 
with the industry, and replaces the ANSI requirements currently used by 
manufacturers.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, and SIP relaxations. The TSD has 
more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules.

    The TSD describes additional rule revisions that do not affect 
EPA's current action but are recommended for the next time the local 
agency modifies the rules.

D. Public Comment and Final Action.

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by January 19, 2001, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on February 20, 2001. This will incorporate 
these rules into the federally enforceable SIP.

III. Background Information

Why Were These Rules Submitted?

    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 2 lists some of the national 
milestones leading to the submittal of these local agency 
NOX rules.

[[Page 79754]]



                Table 2.--Ozone Nonattainment Milestones
------------------------------------------------------------------------
               Date                                 Event
------------------------------------------------------------------------
March 3, 1978.....................  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.
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.
------------------------------------------------------------------------

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This 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 (64 FR 43255, August 10, 1999), because it 
merely approves 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. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 February 20, 2001. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: October 10, 2000.
Laura Yoshii,
Acting Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(278)(i) (B) 
and (C) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (278) * * *
    (i) * * *
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 352 adopted on September 16, 1999.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.11.1 adopted on September 14, 1999.
* * * * *
[FR Doc. 00-32019 Filed 12-19-00; 8:45 am]
BILLING CODE 6560-50-U