[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Rules and Regulations]
[Pages 60347-60349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23876]



40 CFR Part 52

[EPA-R09-OAR-2014-0615; FRL-9916-95-Region 9]

Revisions to the California State Implementation Plan, Placer 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Placer County Air Pollution 
Control District (PCAPCD) portion of the California State 
Implementation Plan (SIP). This revision concerns oxides of nitrogen 
(NOX) emissions from natural gas-fired water heaters, small 
boilers, and process heaters. We are approving a local rule that 
regulates these emission sources under the Clean Air Act (CAA or the 

DATES: This rule is effective on December 8, 2014 without further 
notice, unless EPA receives adverse comments by November 6, 2014. 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-
2014-0615, by one of the following methods:
    1. Federal eRulemaking Portal: 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 
    Instructions: All comments will be included in the public docket 
without change and may be made available online at 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 www.regulations.gov or email. 
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 www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at 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 

4126, [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
III. Statutory and Executive Order Reviews

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.

                                            Table 1--Submitted Rules
              Local agency                 Rule No.           Rule title              Amended        Submitted
PCAPCD..................................        247  Natural Gas-Fired Water            02/13/14        05/13/14
                                                      Heaters, Small Boilers and
                                                      Process Heaters.

[[Page 60348]]

    On July 18, 2014, EPA determined that the submittal for PCAPCD Rule 
247 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 this rule?

    There are no previous versions of Rule 247 in the SIP, although the 
PCAPCD adopted an earlier version of this rule on October 10, 2013. 
CARB did not submit that version to us.

C. What is the purpose of the submitted rule?

    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. PCAPCD Rule 247 establishes 
NOX limits for water heaters, boilers, and process heaters. 
EPA's technical support document (TSD) has more information about this 

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Generally, SIP rules must be enforceable (see CAA section 110(a)), 
must not interfere with applicable requirements concerning attainment 
and reasonable further progress or other CAA requirements (see CAA 
section 110(l)), and must not modify certain SIP control requirements 
in nonattainment areas without ensuring equivalent or greater emissions 
reductions (see CAA section 193). CAA section 172(c)(1) requires 
nonattainment areas to implement all 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.\1\ In ozone nonattainment areas 
classified as moderate or above, the SIP must require RACT for each 
category of sources covered by a Control Techniques Guidelines (CTG) 
document as well as each major source of volatile organic compounds 
(VOCs) or nitrogen oxides (NOX) (see CAA sections 182(b)(2) 
and (f)). The PCAPCD regulates an ozone nonattainment area classified 
as severe for the 1-hour, 1997 8-hour and 2008 8-hour ozone NAAQS (see 
40 CFR Part 81.305), so RACT applies to this area. PCAPCD Rule 247 does 
not, however, regulate a group of sources covered by a CTG document, or 
any source that emits above the major source threshold of 25 tons per 
year for NOX in this area (see section 182(d) and (f)(1)). 
Therefore, the section 182 NOX RACT requirement does not 
apply to PCAPCD Rule 247.

    \1\ EPA generally takes action on a RACM demonstration as part 
of our action on the State's attainment demonstration for the 
relevant NAAQS, based on an evaluation of the control measures 
submitted as a whole and their overall potential to advance the 
applicable attainment date in the area.

    In PM2.5 nonattainment areas classified as moderate or 
above, the SIP must include provisions to assure the implementation of 
RACM for the control of PM2.5 no later than 4 years after 
designation of the area to moderate (see CAA section 189(a)(1)). 
Portions of PCAPCD are classified moderate nonattainment for the 2006 
PM2.5 NAAQS (see 40 CFR Part 81.305), so the RACM 
requirement in CAA section 189(a)(1) also applies to this area.
    Guidance and policy documents that we use to evaluate 
enforceability, RACM and RACT requirements consistently include the 
    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. ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' EPA, 
March 1994.
    6. ``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.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability, RACT and SIP revisions. The TSD has 
more information on our evaluation.

C. EPA Recommendations to Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule.

D. 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 satisfies all 
applicable 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 rule. If we 
receive adverse comments by November 6, 2014, 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 8, 2014. This will incorporate the 
rule 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 

[[Page 60349]]

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. 
    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 8, 2014. 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, Carbon monoxide, 
Incorporation by reference IBR, Intergovernmental relations, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements.

    Dated: September 5, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:


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)(441)(i)(B)(2) to 
read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (441) * * *
    (i) * * *
    (B) * * *
    (2) Rule 247, ``Natural Gas-Fired Water Heaters, Small Boilers and 
Process Heaters,'' amended February 13, 2014.
* * * * *

[FR Doc. 2014-23876 Filed 10-6-14; 8:45 am]