[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Proposed Rules]
[Pages 34435-34437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11718]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-307-0482; FRL-7924-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the South Coast Air 
Quality Management District (SCAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns particulate matter 
(PM) emissions from fluid catalytic cracking units at oil refineries. 
We are proposing to approve SCAQMD Rule 1105.1 to regulate these 
emission sources under the Clean Air Act as amended in 1990 (CAA or the 
Act). We are taking comments on this proposal and plan to follow with a 
final action.

DATES: Any comments must arrive by July 14, 2005.

ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901 or e-mail to 
[email protected], or submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted SIP revisions, EPA's 
technical support documents (TSDs), and public comments at our Region 
IX office during normal business hours by appointment. You may also see 
copies of the submitted SIP revisions by appointment at the following 
locations:

California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814; and
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765-4182.

    A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not 
an EPA Web site and may not contain the same version of the rule that 
was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, at 
either (415) 947-4111, or [email protected].

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 the rule meet the evaluation criteria?
    C. EPA recommendations to further improve the rule
    D. Public comment and final action

I. The State's Submittal

A. What Rule Did the State Submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by local air agencies and submitted by the 
California Air Resources Board (CARB).

[[Page 34436]]



                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency            Rule No.                   Rule title                    Adopted    Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.........................      1105.1  Reduction of PM10 and Ammonia Emissions       11/07/03     06/03/04
                                              From Fluid Catalytic Cracking Units
                                              (FCCU).
----------------------------------------------------------------------------------------------------------------

    On June 30, 2004, EPA found this rule submittal met the 
completeness criteria in 40 CFR part 51 Appendix V. These criteria must 
be met before formal EPA review can begin.

B. Are There Other Versions of This Rule?

    There are no previous versions of Rule 1105.1 in the SIP.

C. What Is the Purpose of the Submitted Rule?

    SCAQMD Rule 1105.1 is designed to limit particulate matter less 
than 10 microns (PM10) and ammonia emissions from fluid catalytic 
cracking units at oil refineries. The rule sets emission limits for 
filterable PM10 and ammonia slip. PM10 and ammonia emissions result 
from the combination of FCCU emissions and ammonia injection used with 
electrostatic precipitators (ESP) to control FCCU emissions. Once in 
the atomosphere, ammonia emissions react with other compounds to 
produce secondary aerosol PM10. Oil refineries are expected to 
implement several control technologies to meet the emissions limits, 
including but not limited to, dry and wet ESPs, sulfur oxide reducing 
agents, selective catalytic reduction, selective non-catalytic 
reduction, and wet gas scrubbers.
    The TSD has more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rule?

    Generally, PM10 SIP rules must be enforceable (see section 110(a) 
of the Act), must meet Reasonably Available Control Measure (RACM) 
requirements for nonattainment areas (see section 189), and must not 
relax existing requirements (see sections 110(l) and 193). The SCAQMD 
regulates a serious PM nonattainment area (see 40 CFR part 81), so Rule 
1105.1 must fulfill RACM and Best Available Control Measure (BACM) 
requirements.
    Guidance and policy documents that we used to help evaluate 
enforceability and RACM requirements consistently include the following 
documents.
    1. Portions of the proposed post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``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.

B. Does the Rule Meet the Evaluation Criteria?

    We believe the rule is consistent with the relevant policy and 
guidance regarding enforceability, and SIP relaxations. Section 189 of 
the Clean Air Act Amendments of 1990 (CAA) required that serious PM 
nonattainment areas, such as SCAQMD, implement in a stepwise manner all 
RACM and BACM rules for all major sources and significant PM-10 source 
categories. The SCAQMD's plan for attaining the PM-10 NAAQS is the 
regulatory vehicle for determining RACM and BACM rules. For Rule 
1105.1, the SCAQMD PM-10 plan defines the FCCU source category as ``de 
minimis'' or producing emissions less than or equal to 5% of the PM 
standard. Consequently, Rule 1105.1 is not designated as either a RACM, 
or BACM rule in the SCAQMD PM-10 plan. Consequently, our review is 
limited to enforceability and SIP relaxation criteria. The TSD has more 
information on our evaluation.

C. EPA Recommendations to Further Improve the Rule

    We have no additional recommendations regarding Rule 1105.1

D. Public Comment and Final Action

    Because EPA believes Rule 1105.1 fulfills all relevant 
requirements, we are proposing to fully approve it as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate Rule 1105.1 into the federally 
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed 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 proposes to approve 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 
proposed 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

[[Page 34437]]

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 
proposed 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: April, 20, 2005.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. 05-11718 Filed 6-13-05; 8:45 am]
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