[Federal Register Volume 80, Number 29 (Thursday, February 12, 2015)]
[Rules and Regulations]
[Pages 7803-7805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02854]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0863; FRL-9921-51-Region 9]


Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the San Joaquin Valley Unified Air 
Pollution Control District (SJVUAPCD) portion of the California State 
Implementation Plan (SIP). These revisions concern criteria air 
pollutants including oxides of nitrogen (NOX) and 
particulate matter (PM) emissions from boilers, steam generators, and 
process heaters. We are approving local rules that regulate these 
emission sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on April 13, 2015 without further notice, 
unless EPA receives adverse comments by March 16, 2015. 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-
2014-0863, 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 
94105-3901.
    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 
section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
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 rules did the State submit?

[[Page 7804]]

    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
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 addressed by this rule with the dates that 
they were adopted by the local air agency and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.              Rule title              Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD...........................            4307  Boilers, Steam Generators,         05/19/11        07/25/14
                                                      and Process Heaters--2.0
                                                      MMBtu/hr to 5.0 MMBtu/hr.
SJVUAPCD...........................            4308  Boilers, Steam Generators,         11/14/13        05/13/14
                                                      and Process Heaters--0.075
                                                      MMBtu/hr to less than 2.0
                                                      MMBtu/hr.
----------------------------------------------------------------------------------------------------------------

    On September 11, 2014 and July 18, 2014, EPA determined that the 
submittals for SJVUAPCD 4307 and SJVUAPCD 4308 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?

    We approved an earlier version of Rule 4307 into the SIP on January 
13, 2010 (75 FR 1715) and Rule 4308 on December 30, 2010 (76 FR 5276).

C. What is the purpose of the submitted rule revisions?

    NOX helps produce ground-level ozone, smog and 
particulate matter, which harm human health and the environment. PM 
contributes to effects that are harmful to human health and the 
environment, including premature mortality, aggravation of respiratory 
and cardiovascular disease, decreased lung function, visibility 
impairment, and damage to vegetation and ecosystems. Section 110(a) of 
the CAA requires States to submit regulations that control 
NOX and PM emissions. Rule 4307 contains emissions 
limitations for NOX and PM. It has also been revised to 
require tree nut pasteurizers to be fired using Public Utility 
Commission (PUC) quality natural gas and also adds recordkeeping 
requirements for those units. Rule 4308 has emissions limitations for 
NOX and has been revised to lower the emission limit for 
certain types of instantaneous water heaters and removes outdated 
language. EPA's technical support documents (TSDs) have more 
information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    40 CFR part 81 describes SJVUAPCD as regulating an extreme 
nonattainment area for the 8-hour 1997 and 2008 Ozone National Ambient 
Air Quality Standards (NAAQS) and a non-attainment area for the 24-hr 
1997 and 2006 PM2.5 NAAQS. Our evaluation of these rules 
focuses on NOXbecause it is a precursor to ozone and PM. SIP 
rules must be enforceable (see CAA section 110(a)(2)), 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).
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants 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 and 57 FR 18070, April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised 
January 11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 
2001).
4. ``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).
5. ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' 
(EPA-453/R-94-022-1994/03, 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).

    Generally, SIP rules must require Reasonably Available Control 
Technology (RACT) for each NOX major source in ozone 
nonattainment areas classified as moderate or above (see sections 
182(b)(2) and 182(f)). As noted earlier, SJVUAPCD regulates an ozone 
nonattainment area classified as extreme for the 1997 and 2008 8-hour 
standard, so Rules 4307 and 4308 must implement RACT.
    Generally, SIP rules must implement Reasonably Available Control 
Measures (RACM), including RACT, in PM2.5 nonattainment 
areas. As noted earlier, SJVUAPCD regulates a PM2.5 
nonattainment area, so SJVUAPCD must implement RACM/RACT.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, RACM, and SIP relaxations. The 
TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agency modifies the rules but are not currently 
the basis for rule disapproval.

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 March 16, 2015, we will publish a timely 
withdrawal in the Federal Register to notify the public

[[Page 7805]]

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 April 13, 2015. 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 April 13, 2015. 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, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: December 29, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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)(441) (i)(D)(3) 
and (c)(447)(i)(B) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (441) * * *
    (i) * * *
    (D) * * *
    (3) Rule 4308, ``Boilers, Steam Generators, and Process Heaters--
0.075 MMBtu/hr to less than 2.0 MMBtu/hr,'' amended on November 14, 
2013.
* * * * *
    (447) * * *
    (i) * * *
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4307, ``Boilers, Steam Generators, and Process Heaters--
2.0 MMBtu/hr to 5.0 MMBtu/hr,'' amended on May 19, 2011.
* * * * *
[FR Doc. 2015-02854 Filed 2-11-15; 8:45 am]
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