[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Rules and Regulations]
[Pages 16640-16642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 210-0306a; FRL-7165-2]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
South Coast Air Quality Management District (SCAQMD) portion of the 
California State Implementation Plan (SIP). These revisions concern 
nitrogen oxides (NOX) emissions from fuel burning equipment 
and from boilers, steam generators, process heaters, and from water 
heaters. We are approving local rules under the Clean Air Act as 
amended in 1990 (CAA or the Act).

DATES: This rule is effective on June 7, 2002 without further notice, 
unless EPA receives adverse comments by May 8, 2002. If we receive such 
comments, 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 a copy 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 a copy of the submitted rule 
revisions and TSDs 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.
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (415) 947-4118.

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 changes or purposes to 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. Public comment and final action
    D. EPA recommendation to further improve the rules
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 with the date that they 
were adopted by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.............................            1146  Emission of Oxides of              11/17/00        05/08/01
                                                      Nitrogen from Industrial,
                                                      Institutional, and
                                                      Commercial Boilers, Steam
                                                      Generators, and Process
                                                      Heaters.
SCAQMD.............................          1146.2  Emission of Oxides of              01/09/98        05/18/98
                                                      Nitrogen from Large Water
                                                      Heaters and Small Boilers.
----------------------------------------------------------------------------------------------------------------

    On July 20, 2001 and July 17, 1998, respectively, these 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?

    We approved a version of SCAQMD Rule 1146 into the SIP on September 
6, 1995 (60 FR 46220). There are no previous versions of SCAQMD Rule 
1146.2 in the SIP.
    The SCAQMD also adopted revisions to the SIP-approved version of 
Rule 1146 on June 16, 2000, and CARB submitted them to us on February 
8, 2001. While we can act on only the most recently submitted version, 
we have reviewed materials provided with the previous submittal.

[[Page 16641]]

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

    The changes to revised SCAQMD Rule 1146 are as follows:
     The NOX emission limit is lowered from 40 to 30 
ppmv by phasing-in partially on January 1, 2002 and partially on July 
1, 2002.
     Requirements for annual emission testing are added.
     A requirement for totalizing fuel flow meters for units 
burning both gaseous fuel and non-gaseous fuel is added.
     A one-time exemption for facilities that exceeded the 
90,000 therms per year fuel usage threshold in 1996 was added.
    The purpose for Rule 1146.2 is to regulate NOX and CO 
emissions from any natural-gas fired large commercial water heater, 
small industrial boiler, or process heater with a rated heat input 
capacity starting at 75,000 Btu per hour up to 2,000,000 Btu per hour.

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 
CAA), must require Reasonably Available Control Technology (RACT) for 
major sources of NOX in ozone nonattainment areas (see 
section 182(f) and must not relax existing requirements (see sections 
110(1) and 193). The SCAQMD regulates an extreme ozone nonattainment 
area (see 40 CFR part 81). Such areas must fulfill RACT for all major 
sources of NOX pursuant to sections 107(d) and 182(f) of the 
CAA.
    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 part 51.
     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.
     State Implementation Plans; Nitrogen Oxides Supplement to 
the General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990 (the ``NOX Supplement to the General 
Preamble''), U.S. EPA, 57 FR 55620 (November 25, 1992).
     Cost-Effective Nitrogen Oxides (NOX) Reasonably 
Available Control Technology (RACT), U.S. EPA Office of Air Quality 
Planning and Standards (March 16, 1994).
     State Implementation Plans: Policy Regarding Excess 
Emissions During Malfunctions, Startup, and Shutdown, U.S. EPA, Office 
of Air Quality Planning and Standards (September 20, 1999).
     Determination of Reasonably Available Control Technology 
and Best Available Retrofit Control Technology for Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters, CARB (July 18, 1991).

B. Do the Rules Meet the Evaluation Criteria?

    We believe the rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving submitted SCAQMD Rules 1146 and 1146.2 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 May 8, 2002, 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 June 7, 
2002. This will incorporate these rules into the federally-enforceable 
SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

D. EPA Recommendation To Further Improve the Rules

    The Rule 1146.2 TSD 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 rule.

III. Background Information

A. Why Were these Rules Submitted?

    NOX helps produce ground-level ozone and smog, which 
harm human health and the environment. Section 110(a) of the CAA 
requires states to submit rules that control NOX emissions. 
Table 2 lists some of the national milestones leading to the submittal 
of these local agency rules.

                Table 2.--Ozone Nonattainment Milestones
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                   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 Clean Air 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``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 tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship

[[Page 16642]]

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). This action also does not have Federalism 
implications because it does 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). This action 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 CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (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 CAA. 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 CAA. 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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 7, 2002. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxides, Ozone, Reporting and recordkeeping requirements.

    Dated: March 8, 2002.
Keith Takata,
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 paragraphs (c)(255)(i)(F) 
and (284)(i)(B)(2) to read as follows:


Sec. 52.220  Identification of plan.

    (c) * * *
    (255) * * *
    (i) * * *
    (F) South Coast Air Quality Management District.
    (1) Rule 1146.2, adopted on January 9, 1998.
* * * * *
    (284) * * *
    (i) * * *
    (B) * * *
    (2) Rule 1146, adopted on November 17, 2000.
* * * * *
[FR Doc. 02-8291 Filed 4-5-02; 8:45 am]
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