[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Rules and Regulations]
[Pages 16638-16640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8293]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 251-0326a; FRL-7160-8]


Revisions to the California State Implementation Plan, Monterey 
Bay Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
Monterey Bay Unified Air Pollution Control District (MBUAPCD) portion 
of the California State Implementation Plan (SIP). This revision 
concerns oxides of nitrogen (NOX) emissions from electric 
power boilers. We are approving the local rule that regulates these 
emission sources 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 
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 document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted SIP revisions 
at the following locations:

California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95812.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Court, Monterey, CA 93940.

FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Rulemaking Office 
(AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 972-
3960.

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

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rule?
    B. Does this rule meet the evaluation criteria?
    C. Public comment and final action.
III. Background information.
    A. Why was this rule submitted?
IV. Administrative Requirements

I. The State's Submittal

A. What Rule Did the State Submit?

    Table 1 lists the rule we are approving with the dates that it was 
adopted by the local air agency and submitted by the California Air 
Resources Board (CARB).

                                            Table 1.--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                Local agency                   Rule #             Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD.....................................       431  Emissions from Electric Power      10/17/01     11/07/01
                                                         Boilers.
----------------------------------------------------------------------------------------------------------------

    On February 22, 2002, this rule submittal was 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 This Rule?

    MBUAPCD adopted a version of this rule on December 17, 1997, which 
EPA approved into the SIP on December 13, 1998. MBUAPCD adopted 
revisions to this rule on October 17, 2001, which were submitted to EPA 
for SIP approval on November 7, 2001.

C. What Is the Purpose of the Submitted Rule?

    MBUAPCD Rule 431 provides limitations on emissions of nitrogen 
oxides (NOX) and carbon monoxide (CO) during the combustion 
of natural gas or fuel oil by boilers providing steam for electric 
power generation. This revision is designed primarily to allow 
additional time for compliance with the 10 ppm NOX limit on 
Unit 7-1 at the Moss Landing Power Plant, for a period of seven months. 
The TSD has more information about this rule.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating This Rule?

    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

[[Page 16639]]

sections 182(a)(2)(A) and 182(f)), and must not relax existing 
requirements (see sections 110(l) and 193).
    Since MBUAPCD is in attainment for ozone, RACT requirements do not 
apply. Rule 431 is revised primarily to allow additional time for 
compliance with the 10 ppm NOX limit on Unit 7-1 for a 
period of seven months (from December 31, 2001 to July 31, 2002).
    The rule has also been revised to remove obsolete provisions.

B. Does This Rule Meet the Evaluation Criteria?

    Enforceability requirements have already been met in the previous 
approval of this Rule. We believe this rule is consistent with the 
relevant policy and guidance regarding enforceability, and SIP 
relaxations. 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 rule because we believe it fulfills all 
relevant requirements. We do not think anyone will object to this 
approval and we therefore 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 rule. 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 action will incorporate this rule into the federally 
enforceable SIP.

III. Background Information

A. Why Was This Rule 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 this local agency NOX 
rule.

                Table 2.--Ozone Nonattainment Milestones
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                   Date                                 Event
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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
                                             1988 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. 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 tribal implications because it will 
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). 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 the state rules 
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, 
``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 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. 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 June 7, 2002.

[[Page 16640]]

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: March 1, 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 paragraph (c)(292) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (292) New and amended regulations for the following APCDs were 
submitted on November 7, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Monterey Bay Air Pollution Control District.
    (1) Rule 431, adopted on October 17, 2001.
* * * * *
[FR Doc. 02-8293 Filed 4-5-02; 8:45 am]
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