[Federal Register Volume 66, Number 61 (Thursday, March 29, 2001)]
[Proposed Rules]
[Pages 17131-17134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7793]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 226-0226; FRL-6960-5]


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) 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).
    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 April 30, 2001.

ADDRESSES: Mail comments to Andrew Steckel, Rulemaking Office Chief 
(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 EPA's 
technical support documents (TSDs) at our Region IX office during 
normal business hours. You may also see copies of the submitted rule 
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, 1001 ``I'' Street, Sacramento, CA 95814
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; (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
    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 #                Rule Title            Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
BAAQMD.........................  Manual of Procedures,    Boiler, Steam                 09/15/93        07/23/96
                                  volume I, chapter 5.     Generator, and
                                                           Process Heater Tuning
                                                           Procedure.
VCAPCD.........................  57.....................  Combustion                    06/14/77        01/21/00
                                                           Contaminants--Specifi
                                                           c.
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

[[Page 17132]]

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 air quality 
management plant 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

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.

[[Page 17133]]



                                      Table 3.--CO Nonattainment Milestones
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                        Date                                                     Event
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March 3, 1987.......................................  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. 7401-7671g.
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.
November 15, 1990...................................  Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-
                                                       549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671g.
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 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.

D. Executive Order 13175

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This proposed rule does not have tribal implications. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule. In the spirit 
of Executive Order 13175, and consistent

[[Page 17134]]

with EPA policy to promote communications between EPA and tribal 
governments, EPA specifically solicits additional comment on this 
proposed rule from tribal officials.

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 approvals 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 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.
    EPA's proposed disapproval of the state request under section 110 
and subchapter I, part D of the Clean Air Act does not affect any 
existing requirements applicable to small entities. Any pre-existing 
federal requirements remain in place after this disapproval. Federal 
disapproval of the state submittal does not affect state 
enforceability. Moreover, EPA's disapproval of the submittal does not 
impose any new Federal requirements. Therefore, 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 
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 proposed action does not include a 
Federal mandate that may result in estimated 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, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: March 14, 2001.
Mike Schulz,
Acting Regional Administrator, Region IX.
[FR Doc. 01-7793 Filed 3-28-01; 8:45 am]
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