[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5833-5835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01124]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0682; FRL-10126-01-R9]


Air Plan Approval; California; San Diego County Air Pollution 
Control District; Oxides of Nitrogen

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the San Diego County Air Pollution Control 
District (SDCAPCD) portion of the California State Implementation Plan 
(SIP). This revision concerns emissions of oxides of nitrogen 
(NOX) from boilers, process heaters, and steam generators. 
We are proposing to approve a local rule to regulate these emission 
sources under the Clean Air Act (CAA or the ``Act''). We are taking 
comments on this proposal and plan to follow with a final action.

DATES: Comments must be received on or before March 1, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0682 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: La Kenya Evans, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the 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. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA's Recommendations To Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates 
that it was adopted by the SDCAPCD and submitted by the California Air 
Resources Board (CARB).

[[Page 5834]]



                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency               Rule No.             Rule title              Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD............................       69.2.2   Medium Boilers, Process            09/09/21         03/09/22
                                                    Heaters, and Steam
                                                    Generators.
----------------------------------------------------------------------------------------------------------------

    On September 9, 2022, the submittal for SDCAPCD Rule 69.2.2 was 
deemed by operation of law to meet 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 69.2.2 in the SIP. The 
SDCAPCD adopted an earlier version of this rule on July 8, 2020, which 
was submitted to the EPA on September 21, 2020 (``2020 submittal''). 
The EPA provided comments for rule revisions to SDCAPCD without acting 
on the 2020 submittal, and the SDCAPCD subsequently amended the rule. 
Rule 69.2.2 was re-submitted to the EPA on March 9, 2022 (``2022 
submittal''), but the background information for Rule 69.2.2 was not 
included. In a letter to the EPA Region IX Regional Administrator dated 
November 22, 2022, CARB withdrew the 2020 submittal. The EPA will use 
the background information in the Staff Report from the 2020 submittal 
to proceed with our action on the 2022 submittal, as SDCAPCD's 
September 21, 2022 withdrawal request letter to CARB clarifies.

C. What is the purpose of the submitted rule?

    Emissions of NOX contribute to the production of ground-
level ozone and smog, which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control NOX emissions. Rule 69.2.2 regulates boilers, 
process heaters, and steam generators (units) with a heat input rating 
greater than 2 million British thermal unit (Btu) per hour to less than 
5 million Btu per hour that are manufactured, sold, offered for sale or 
distributed, or installed for use within San Diego County. New units 
that operate on gaseous fuel have a NOX emission limit of 30 
parts per million by volume (ppmv) and new units that operate on liquid 
fuel have a NOX emission limit of 40 ppmv. Units that 
operate on a mixture of liquid and gaseous fuels must calculate their 
heat-input weighted average to comply with the NOX emission 
limits of the rule. The rule also gives a CO emission limit of 400 ppmv 
for new units. All emission limits are calculated at 3 percent oxygen 
(O2). Existing or relocated units, along with new units, are 
required to have a tune-up once a year. New units are required to 
monitor the burning of liquid and gaseous fuel through a non-
resettable, totalizing meter to measure either the mass flow rate or 
volumetric flow rate, temperature, and pressure of each fuel to the 
unit. Manufacturers of units without a permit to operate that are sold 
in San Diego County must apply for certification. Facility operators or 
owners of these units must apply for an authority to construct/permit 
to operate or must register the unit to demonstrate that the unit 
complies with the emission limits of Rule 69.2.2. Test methods are 
provided in Rule 69.2.2 for new unit compliance testing and 
certification for sale in San Diego County. Test methods are also 
provided for new units certifying their higher heating value of a fuel 
if not provided by a third party provider.
    The EPA's technical support document (TSD) has more information 
about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    Rules in the SIP 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).
    Generally, SIP rules must require reasonably available control 
technology (RACT) for each major source of NOX in ozone 
nonattainment areas classified as Moderate or above (see CAA sections 
182(b)(2) and 182(f)). The SDCAPCD regulates an ozone nonattainment 
area classified as Severe for both the 2008 and 2015 8-hour National 
Ambient Air Quality Standards NAAQS (40 CFR 81.305). Therefore, this 
rule must implement RACT.
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation, and rule stringency requirements 
for the applicable criteria pollutants include the following:

1. EPA, ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' May 25, 1988 (the Bluebook, revised January 11, 
1990).
2. EPA Region IX, ``Guidance Document for Correcting Common VOC & 
Other Rule Deficiencies,'' August 21, 2001 (the Little Bluebook).
3. EPA Region V, ``NOX Emissions from Industrial/
Commercial/Institutional (ICI) Boilers,'' March 1994.
4. CARB, ``Determination of Reasonably Available Control Technology 
and Best Available Retrofit Control Technology for Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters,'' July 18, 1991.

B. Does the rule meet the evaluation criteria?

    This rule meets CAA requirements and is consistent with relevant 
guidance regarding enforceability and SIP revisions. The TSD has more 
information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD also includes recommendations for the next time the SDCAPCD 
modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because it fulfills all relevant 
requirements. We will accept comments from the public on this proposal 
until March 1, 2023. If we take final action to approve the submitted 
rule, our final action will incorporate this rule into the federally 
enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference San Diego County Air Pollution Control District Rule 69.2.2, 
adopted on September 9, 2021, which regulates operations and emissions 
of certain boilers, process heaters, and steam generators, as discussed 
in section I. of this preamble. The EPA has made, and will continue to 
make, these materials available through https://www.regulations.gov and 
at the EPA Region IX Office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

[[Page 5835]]

IV. 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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); and
     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.
    The state did not evaluate environmental justice considerations as 
part of its SIP submittal. There is no information in the record 
inconsistent with the stated goals of Executive Order 12898 (59 FR 
7629, February 16, 1994) of achieving environmental justice for people 
of color, low-income populations, and indigenous peoples.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements.

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

    Dated: January 16, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-01124 Filed 1-27-23; 8:45 am]
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