[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Rules and Regulations]
[Pages 17896-17897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6643]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0970; FRL-8547-6]


Revision to the California State Implementation Plan, Bay Area 
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the Bay Area Air 
Quality Management District (BAAQMD) portion of the California State 
Implementation Plan (SIP). These revisions were proposed in the Federal 
Register on December 20, 2007, and concern nitrogen oxides 
(NOX) and carbon monoxide (CO) emissions from boilers, steam 
generators and process heaters at petroleum refineries. We are 
approving local rules that regulate these emission sources under the 
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: Effective Date: This rule is effective on May 2, 2008.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2007-0970 for 
this action. The index to the docket is available electronically at 
www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne 
Street, San Francisco, California. While all documents in the docket 
are listed in the index, some information may be publicly available 
only at the hard copy location (e.g., copyrighted material), and some 
may not be publicly available in either location (e.g., CBI). To 
inspect the hard copy materials, please schedule an appointment during 
normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415) 
947-4115, [email protected].

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

Table of Contents

I. Proposed Action
II. Background
III. Public Comments and EPA Responses
IV. EPA Action
V. Statutory and Executive Order Reviews

I. Proposed Action

    On December 20, 2007 (72 FR 72322), EPA proposed to approve BAAQMD 
Rule 9-10, Nitrogen Oxides and Carbon Monoxide from Boilers, Steam 
Generators, and Process Heaters in Petroleum Refineries, into the 
California SIP. This rule was adopted by the BAAQMD on July 17, 2002, 
and submitted by the California Air Resources Board on August 12, 2002.
    We proposed to approve this rule because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.

II. Background

    On March 29, 2001 (66 FR 17078), EPA published a limited approval 
and limited disapproval of a previous version of BAAQMD Rule 9-10, 
because the rule improved the SIP overall, but some rule provisions 
failed to satisfy the requirements of section 110 of the CAA. On August 
12, 2002, BAAQMD submitted a revised version of Rule 9-10 for approval 
into the SIP, to address the deficiencies identified by EPA in 2001.
    On October 7, 2002 (67 FR 62389), EPA published a direct final rule 
to approve this revised version of BAAQMD Rule 9-10 into the California 
SIP. In association with the direct final rule, EPA published a 
proposed rule to allow an opportunity for the public to comment on the 
approval of Rule 9-10 into the California SIP (67 FR 62427). Based on 
the proposed approval of Rule 9-10, EPA made an interim final 
determination to stay the imposition of sanctions that resulted from 
the March 29, 2001, limited disapproval action. The interim final rule 
to stay the imposition of sanctions was published concurrently on 
October 7, 2002 (67 FR 62388).
    Adverse comments were received in response to the October 7, 2002, 
proposed rule. As a result, EPA published a withdrawal of the direct 
final rule on November 25, 2002 (67 FR 70555). The proposed approval 
remained in effect, and therefore the interim final determination 
regarding sanctions was not affected by the withdrawal because the 
determination was based on the proposed approval of Rule 9-10. The 
comments received were addressed in a second proposed approval, 
published on December 20, 2007 (72 FR 72322), which is being finalized 
by this action. For more information on BAAQMD Rule 9-10 and our 
evaluation, please see the proposed action.

III. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we did not receive any comments.

IV. EPA Action

    No comments were submitted that change our assessment that the 
submitted rule complies with the relevant CAA requirements. Therefore, 
as authorized in section 110(k)(3) of the Act, EPA is fully approving 
this rule into the California SIP.

[[Page 17897]]

    All sanctions and sanction clocks, which were triggered as a result 
of the disapproval action on March 29, 2001 (66 FR 17078), continue to 
be stayed as a result of the interim final determination published on 
October 7, 2002 (67 FR 62388). The sanctions and sanction clocks will 
be permanently terminated on the effective date of this final rule 
approval.

V. 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 approves a state rule 
implementing a Federal standard.
    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 2, 2008. 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: February 15, 2008.
Laura Yoshii,
Acting 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 paragraph (c)(353) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (353) New and amended regulations were submitted on August 12, 
2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 9-10, Inorganic Gaseous Pollutants: Nitrogen Oxides and 
Carbon Monoxide from Boilers, Steam Generators, and Process Heaters in 
Petroleum Refineries, adopted on July 17, 2002.

 [FR Doc. E8-6643 Filed 4-1-08; 8:45 am]
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