[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Rules and Regulations]
[Pages 67366-67369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28246]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0382; FRL-9477-4]


Revisions to the California State Implementation Plan, Placer 
County Air Pollution Control District and Sacramento Metro 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 
Placer County Air Pollution Control District (PCAPCD) and Sacramento 
Metro Air Quality Management District (SMAQMD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
oxides of nitrogen (NOX) emissions from industrial, 
institutional and commercial boilers, stationary internal combustion 
engines and water heaters. 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 January 3, 2012 without further 
notice, unless EPA receives adverse comments by December 1, 2011. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0382, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through http://www.regulations.gov or email. http://www.regulations.gov is an 
``anonymous access'' system, and EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send email directly to EPA, your email address will be 
automatically captured and included as part of the public comment. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at http://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 at http://www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), 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: Idalia P[eacute]rez, EPA Region IX, 
(415) 972-3248, [email protected].

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 is the purpose of 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. EPA Recommendations To Further Improve the Rules
    D. 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 dates that they 
were

[[Page 67367]]

adopted or amended by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
             Local agency                  Rule No.            Rule title             Amended        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD................................             231  Industrial,                     10/09/97        03/17/09
                                                         Institutional and
                                                         Commercial Boiler,
                                                         Steam Generator and
                                                         Process Heaters.
PCAPCD................................             242  Stationary Internal             04/10/03        12/07/10
                                                         Combustion Engines.
PCAPCD................................             246  Natural Gas-Fired Water         06/19/97        12/07/10
                                                         Heaters.
SMAQMD................................             414  Water Heaters, Boilers          03/25/10        04/05/11
                                                         and Process Heaters
                                                         Rated Less Than
                                                         1,000,000 BTU per hour.
----------------------------------------------------------------------------------------------------------------

    On April 20, 2009, EPA determined that the submittal for PCAPCD 
Rule 231 met the completeness criteria in 40 CFR part 51 appendix V, 
which must be met before formal EPA review. On January 13, 2011, EPA 
determined that the submittal for PCAPCD Rules 242 and 246 met the 
completeness criteria in 40 CFR part 51 appendix V, which must be met 
before formal EPA review. On May 6, 2011, EPA determined that the 
submittal for SMAQMD Rule 414 met 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?

    There are no previous versions of Rules 231, 242 and 246 in the 
SIP. The PCAPCD adopted an earlier version of Rule 231 on October 17, 
1994, and CARB submitted it to us on October 19, 1994 but it was later 
withdrawn. We approved an earlier version of SMAQMD Rule 414 into the 
SIP on April 20, 1999 (64 FR 19277).

C. What is the purpose of the submitted rules?

    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. Rule 231 limits emission of 
NOX and carbon monoxide (CO) from boilers, steam generators 
and process heaters fueled on liquid or gas fuels that are 5 MMBtu/hour 
or larger. Rule 242 regulates emissions of NOX and CO from 
internal combustion engines with a rated brake horse power of 50 or 
greater. Rule 246 limits NOX emissions from natural gas 
water heaters rated below 75,000 btu/hour. Rule 414 limits 
NOX and CO emissions from boilers rated below 1 MMBtu/hour. 
EPA's technical support documents (TSD) have more information about 
these rules.

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 
Act), must require Reasonably Available Control Technology (RACT) for 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each NOX or VOC major source in 
ozone nonattainment areas classified as moderate or above (see sections 
182(b)(2) and 182(f)), and must not relax existing requirements in 
violation of CAA sections 110(l) and 193. SIP rules must also implement 
Reasonably Available Control Measures (RACM), including such reductions 
in emissions from existing sources in the area as may be obtained 
through the adoption, at a minimum, of reasonably available control 
technology (RACT), as expeditiously as practicable for nonattainment 
areas (see CAA section 172(c)(1)). The PCAPCD and SMAQMD regulate ozone 
nonattainment areas classified as severe for the 8-hour ozone NAAQS (40 
CFR 81.305), so Rules 231, 242, 246 and 414 must fulfill RACT and RACM 
for NOX.
    Guidance and policy documents that we use to evaluate 
enforceability, RACT and RACM requirements consistently include the 
following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``State Implementation Plans; Nitrogen Oxides Supplement to the 
General Preamble; Clean Air Act Amendments of 1990 Implementation of 
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620, 
November 25, 1992.
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    4. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    5. ``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).
    6. ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'', US 
EPA 453/R-94-022 (March 1994).
    7. ``Alternative Control Techniques Document--NOX 
Emissions from Utility Boilers'', US EPA 452/R-93-008 (March 1994).
    8. ``Alternative Control Techniques Document--NOX 
Emissions from Stationary Reciprocating Internal Combustion Engines'', 
US EPA 453/R-93-032 (July 1993).
    9. ``Determination of Reasonably Available Control Technology and 
Best Available Retrofit Control Technology for Stationary Spark-Ignited 
Internal Combustion Engines'', CARB (November 2001).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. We are not 
evaluating the RACM requirement in this action but believe that PCAPCD 
and SMAQMD are required to evaluate any reasonably available control 
measures for the sources covered by these rules. We believe Rule 231 
implements RACT. We believe there are no sources subject to Rule 242 
that exceed the major source threshold (25 tpy), thus it is not 
required to meet RACT for NOX. For this reason, we are not 
making a determination on RACT for Rule 242 in this action. Rules 246 
and 414 are not subject to RACT requirements because they are 
applicable to sources that are too small to exceed the major source 
threshold. The TSDs have more information on our evaluation.

[[Page 67368]]

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agencies modify the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we 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 rules. If we 
receive adverse comments by December 1, 2011, 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 January 3, 2012. 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 the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 action 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 January 3, 2012. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: September 28, 2011.
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]

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)(363)(i)(D), 
(388)(i)(D)(2), and (389)(i)(B)(2) and (3) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (363) * * *
    (i) * * *
    (D) Placer County Air Pollution Control District.
    (1) Rule 231, ``Industrial, Institutional and Commercial Boiler, 
Steam Generator and Process Heaters,'' amended on October 9, 1997.
* * * * *
    (388) * * *
    (i) * * *
    (D) * * *
    (2) Rule 414, ``Water Heaters, Boilers and Process Heaters Rated 
Less Than 1,000,000 BTU per hour,'' amended on March 25, 2010.
* * * * *

[[Page 67369]]

    (389) * * *
    (i) * * *
    (B) * * *
    (2) Rule 242, ``Stationary Internal Combustion Engines,'' adopted 
on April 10, 2003.
    (3) Rule 246, ``Natural Gas-Fired Water Heaters,'' adopted on June 
19, 1997.
* * * * *
[FR Doc. 2011-28246 Filed 10-31-11; 8:45 am]
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