[Federal Register Volume 68, Number 198 (Tuesday, October 14, 2003)]
[Rules and Regulations]
[Pages 59121-59123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25800]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 253-0405a; FRL-7567-2]


Revisions to the California State Implementation Plan, El Dorado 
County Air Pollution Control District and Santa Barbara County 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 revisions to the 
El Dorado County Air Pollution Control District (EDCAPCD) and Santa 
Barbara County Air Pollution Control District (SBCAPCD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
nitrogen oxide (NOX) emissions from biomass boilers and from 
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 December 15, 2003 without further 
notice, unless EPA receives adverse comments by November 13, 2003. 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 or e-mail comments to Andy Steckel, Rulemaking Office 
Chief (AIR-4), U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105; [email protected].
    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, 1001 ``I'' Street, Sacramento, CA 95814.
El Dorado County Air Pollution Control District, 2850 Fairlane 
Court, Building C, Placerville, CA 95667.
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, Suite B-23, Goleta, CA 93117.


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 Purposes of the Submitted Rule and 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. Statutory and Executive Order Reviews

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Rule
              Local agency                 number                       Rule title                               Adopted or  amended          Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
EDCAPCD.................................      232  Biomass Boilers.....................................  Amended 09/25/01..................     11/09/01
-----------------------------------------
SBCAPCD.................................      360  Emissions of Oxides of Nitrogen from Large Water      Adopted 10/17/02..................     01/21/03
                                                    Heaters and Small Boilers.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On January 15, 2002 and February 7, 2003, 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?

    EPA proposed a limited approval and limited disapproval on May 5, 
1999 (64 FR 24117) of Rule 232, Biomass Boilers (adopted on October 18, 
1994, submitted on October 20, 1994). The proposed action was not 
finalized, but the deficiency cited concerning the lack of a compliance 
schedule is addressed in this current direct final action. The EDCAPCD 
also amended the October 18, 1994 version on January 23, 2001 and CARB 
submitted it to us on May 23, 2001. No action was taken on this 
submittal. While we can act on only the most recent submittal, we 
reviewed the information in this previous submittal.

[[Page 59122]]

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

    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.
    The purpose of the revisions to EDCAPCD Rule 232 is to remedy a 
deficiency in the October 18, 1994 version of the rule.
    The purpose of submitted SBCAPCD Rule 360 is to regulate 
NOX emissions from large water heaters and small boilers.

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(l) and 193). The EDCAPCD regulates a severe ozone nonattainment 
area. See 40 CFR part 81. Rule 232 must fulfill the requirements of 
RACT. The SBCAPCD regulates an ozone maintenance attainment area. Rule 
360 must fulfill the requirements of RACT.
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements include the following:
    [sbull] Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    [sbull] Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations, EPA (May 25, 1988) (the Bluebook).
    [sbull] 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).
    [sbull] Cost-Effective Nitrogen Oxides (NOX) Reasonably Available 
Control Technology (RACT), U.S. EPA Office of Air Quality Planning and 
Standards (March 16, 1994).
    [sbull] Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, U.S. EPA Region IX (August 21, 2001) (the Little 
Bluebook).
    [sbull] Determination of Reasonably Available Control Technology 
(RACT) and Best Available Retrofit Control Technology (BARCT) for 
Industrial, Institutional, and Commercial Boilers, Steam Generators, 
and Process Heaters, California Air Resources Board (CARB) (July 18, 
1991).
    [sbull] Alternative Control Techniques Document--NOX 
Emissions from Utility Boilers, EPA-453/R-94-023 (March 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. We also 
believe that Rule 232 corrects the previously identified deficiency 
regarding the lack of a compliance schedule in the rule. The TSDs have 
more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted rules 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 13, 2003, 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 15, 2003. 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.

III. Statutory and Executive Order Reviews

    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 (Pub. L. 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 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 
``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. 801 et seq., as added by the 
Small

[[Page 59123]]

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 December 15, 2003. 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 oxides, Ozone, 
Reporting and recordkeeping requirements.

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

    Dated: September 3, 2003.
Wayne Nastri,
Regional Administrator, Region IX.


0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(296)(i)(A)(2) and 
(312)(i)(B) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (296) * * *
    (i) * * *
    (A) * * *
    (2) Rule 232, adopted on October 18, 1994 and amended on September 
25, 2001.
* * * * *
    (312) * * *
    (i) * * *
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 360, adopted on October 17, 2002.
* * * * *
[FR Doc. 03-25800 Filed 10-10-03; 8:45 am]
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