[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Rules and Regulations]
[Pages 51578-51581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25252]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 242-0297a; FRL-7075-8]


Revisions to the California State Implementation Plan, El Dorado 
County Air Pollution Control District and Imperial County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the 
El Dorado County Air Pollution Control District (EDCAPCD) and Imperial 
County Air Pollution Control District (ICAPCD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
Oxides of Nitrogen (NOX) emissions from industrial, 
institutional, and commercial boilers, steam generators, and process 
heaters as well as administrative matters. We are approving and 
rescinding local rules that regulate emission sources under the Clean 
Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on December 10, 2001 without further 
notice, unless EPA receives adverse comments by November 9, 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.
    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. El Dorado County Air Pollution Control District, 2850 Fairlane 
Court, Building C, Placerville, CA 95667. Imperial County Air Pollution 
Control District, 150 South 9th Street, El Centro, CA 92243.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (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 of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public comment and final action
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 we are approving or rescinding 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
----------------------------------------------------------------------------------------------------------------
                                                                             Adopted or
          Local agency              Rule No.          Rule title            (rescinded)           Submitted
----------------------------------------------------------------------------------------------------------------
EDCAPCD.........................          101  General Provisions and   02/15/00...........  07/26/00
                                                Definitions.
EDCAPCD.........................          229  Industrial,              01/23/01...........  05/23/01
                                                Institutional, and
                                                Commercial Boilers,
                                                Steam Generators, and
                                                Process Heaters.
EDCAPCD.........................          101  Title..................  02/15/00...........  07/26/00
                                                                        (Rescinded)........

[[Page 51579]]

 
EDCAPCD.........................          102  Definitions............  02/15/00...........  07/26/00
                                                                        (Rescinded)........
ICAPCD..........................          100  Rule Citation..........  09/14/99...........  05/26/00
ICAPCD..........................          113  Circumvention..........  09/14/99...........  05/26/00
----------------------------------------------------------------------------------------------------------------

    On October 4, 2000, submittals of EDCAPCD Rules 101, 101 
(recision), and 102 (recision) were found to meet the completeness 
criteria in 40 CFR Part 51, appendix V, which must be met before formal 
EPA review. On July 3, 2001, the submittal of EDCAPCD Rule 229 was 
found to meet the completeness criteria.
    On October 6, 2000, the submittal of ICAPCD Rules 100 and 113 were 
found to meet the completeness criteria.

B. Are There Other Versions of These Rules?

    We approved a version of EDCAPCD Rule 101 into the SIP as Rule 101 
on June 14, 1978 (43 FR 25674) and as Rule 102 on November 6, 1978 (43 
FR 51632), both of which are now submitted for recision. Rules 101 and 
102 were originally submitted on April 10, 1975 and November 4, 1977, 
respectively. We finalized a limited approval and limited disapproval 
of a version of EDCAPCD Rule 229 into the SIP on July 21, 2000 (65 FR 
45297).
    We approved a version of ICAPCD Rules 100 and 113 into the SIP on 
August 11, 1978 (43 FR 35694) and on February 3, 1989 (54 FR 5448), 
respectively.

C. What Are the Purposes of the Submitted Rule Revisions?

    The purposes are as follows:
     EDCAPCD Rule 101 combines SIP rules 101 and 102 for 
simplification and adds, deletes, or revises certain definitions.
     EDCAPCD Rule 229 regulates NOX and CO emissions 
from industrial, institutional, and commercial boilers, steam 
generators, and process heaters. Revisions were made to correct the 
deficiencies cited in the proposed limited approval and limited 
disapproval action on May 5, 1999 (64 FR 24121).
     ICAPCD Rule 100 changed the title for clarity.
     ICAPCD Rule 113 was reformatted.
    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 ozone nonattainment areas (see sections 182(a)(2)(A) 
and 182(f)), and must not relax existing requirements (see sections 
110(l) and 193). The EDCAPCD regulates a severe ozone nonattainment 
area (see 40 CFR part 81), so EDCAPCD Rule 229 must fulfill the 
requirements of RACT. The other rules are administrative and must meet 
only enforceability and relaxation requirements.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:
     ``Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans,'' U.S. EPA, 40 CFR 61.
     ``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).
     ``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 
published in the May 25, 1988 Federal Register.
     ``Determination of Reasonably Available Control Technology 
and Best Available Retrofit Control Technology for Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters,'' California Air Resources Board (July 18, 1991).
     ``Cost-Effective Nitrogen Oxides (NOX) 
Reasonably Available Control Technology,'' U.S. EPA Office of Air 
Quality Planning and Standards (March 16, 1994).

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. All of 
the deficiencies identified in our previous limited approval and 
limited disapproval action have been adequately addressed as follows:
     Section 229.3.D: [Multiple deficiencies are listed for 
this section, which allows for an alternate emission control plan.] 
This section is not required by the CAA and is deleted completely.
     Section 229.5.B.2: [The Executive Officer's discretion 
language should be expanded to include sampling methods approved by the 
CARB and EPA.] This is corrected.
     Section 229.3.A: [This section should be revised to 
``greater than or equal to 90,000 therms per year limit for each of the 
three previous years.''] This is corrected.
     Section 229.3.C: [The specification for flow meters should 
be revised to require non-resettable mass and volume flow meters.] This 
is corrected.
     Section 229.4.A: [A date for full compliance of facilities 
should be added.] This is corrected.
    The TSD has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules and rule recisions because we believe 
they fulfill all relevant requirements. We do not think anyone will 
object to this, so we are finalizing the approval 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 November 9, 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 December 10, 
2001. This will incorporate these rules into or rescind from the 
federally-enforceable SIP. This will also terminate any sanction or FIP 
clocks initiated by our January 21, 2000 action under sections 179 and 
110(c) of the CAA.

[[Page 51580]]

III. Background Information

A. 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.

                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 CAA.
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. For this 
reason, this action is also not subject to Executive Order 32111, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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). This rule also does not 
have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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. section 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. 
section 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 December 10, 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: September 12, 2001.
Mike Shulz,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

[[Page 51581]]

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)(27)(viii)(C), 
(c)(42)(x)(B), (c)(279)(i)(A)(6), (c)(280)(i)(B)(2), and 
(c)(281)(i)(A)(2) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (27) * * *
    (viii) * * *
    (C) Previously approved on June 14, 1978 in paragraph 
(c)(27)(viii)(A) of this section and now deleted Rule 101.
* * * * *
    (42) * * *
    (x) * * *
    (B) Previously approved on November 6, 1978 in paragraph 
(c)(42)(x)(A) of this section and now deleted Rule 102.
* * * * *
    (279) * * *
    (i) * * *
    (A) * * *
    (6) Rules 100 and 113, adopted on September 14, 1999.
* * * * *
    (280) * * *
    (i) * * *
    (B) * * *
    (2) Rule 101, adopted on February 15, 2000.
* * * * *
    (281) * * *
    (i) * * *
    (A) * * *
    (2) Rule 229, adopted on January 23, 2001.
* * * * *
[FR Doc. 01-25252 Filed 10-9-01; 8:45 am]
BILLING CODE 6560-50-P