[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5835-5840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01504]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0926; FRL-10482-01-R9]


Clean Air Plans; 2015 8-Hour Ozone Nonattainment Area 
Requirements; Clean Fuels or Advanced Control Technology for Boilers; 
San Joaquin Valley and Los Angeles--South Coast Air Basin, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the California State Implementation Plan (SIP) 
concerning the provisions for clean fuels or advanced control 
technology for boilers for the 2015 ozone national ambient air quality 
standards (``2015 ozone NAAQS'') in the San Joaquin Valley and Los 
Angeles--South Coast Air Basin, California (``South Coast'') ozone 
nonattainment areas. The SIP revisions include the ``Certification that 
the San Joaquin Valley Unified Air Pollution Control District's Current 
Rules Address the Clean Air Act's Clean Fuels for Boilers Requirements 
for the 2015 8-hour Ozone Standard'' for San Joaquin Valley (``2021 San 
Joaquin Valley Certification'') and the ``Clean Fuels for Boilers 
Compliance Demonstration for the South Coast Air Basin'' for South 
Coast (``2021 South Coast Certification''), both submitted on August 3, 
2021. We are proposing to approve these revisions under the Clean Air 
Act (CAA or ``the Act''), which establishes clean fuels or advanced 
control technology for boilers requirements for ``Extreme'' ozone 
nonattainment areas.

DATES: Written comments must arrive on or before March 1, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0926 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: Khoi Nguyen, Air Planning Office (ARD-
2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 
947-4120, or by email at [email protected].

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

Table of Contents

I. Background
II. Statutory and Regulatory Requirements
    A. Procedural Requirements for Adoption and Submittal of SIP 
Revisions
    B. Requirements for Clean Fuels or Advanced Control Technology 
for Boilers
III. Summary of the State's Submittal
    A. Adoption and Submittal of SIP Revisions
    B. 2021 San Joaquin Valley Certification
    C. 2021 South Coast Certification

[[Page 5836]]

IV. The EPA's Evaluation of the State's Submittal
    A. Evaluation of Procedural Requirements
    B. Evaluation of Requirements for Clean Fuels or Advanced 
Control Technology for Boilers
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

    On October 26, 2015, the EPA promulgated a revised 8-hour ozone 
NAAQS of 0.070 parts per million (ppm).\1\ In accordance with section 
107(d) of the CAA, the EPA must designate an area ``nonattainment'' if 
it is violating the NAAQS or if it is contributing to a violation of 
the NAAQS in a nearby area.
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    \1\ 80 FR 65292 (October 26, 2015).
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    The EPA designated 21 areas in California as nonattainment for the 
2015 ozone NAAQS, effective August 3, 2018.\2\ Amador County, Calaveras 
County, Butte County, Imperial County, Mariposa County, San Francisco 
Bay Area, San Luis Obispo (Eastern part), Sutter Buttes, Tuolumne 
County, and Tuscan Buttes nonattainment areas (NAAs) were classified as 
Marginal nonattainment. Kern County (Eastern Kern), Nevada County 
(Western part), Sacramento Metro, and San Diego County NAAs were 
classified as Moderate nonattainment. The EPA classified the Ventura 
County NAA as Serious nonattainment. The EPA classified the Los 
Angeles-San Bernardino Counties (West Mojave Desert) and Riverside 
County (Coachella Valley) NAAs as Severe-15 nonattainment. The EPA 
classified both the San Joaquin Valley and the Los Angeles-South Coast 
Air Basin (``South Coast'') NAAs as Extreme nonattainment. The EPA 
designated the lands of the Pechanga Band of Luise[ntilde]o Mission 
Indians of the Pechanga Reservation and the Morongo Band of Mission 
Indians as separate NAAs and classified them as Marginal and Serious 
nonattainment, respectively. The State of California does not have 
regulatory authority on any Indian reservation land or in any other 
area where the EPA or an Indian tribe has demonstrated that a tribe has 
jurisdiction.
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    \2\ 83 FR 25776 (June 4, 2018).
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    Section 182(e)(3) of the CAA provides that SIPs for Extreme ozone 
nonattainment areas such as the San Joaquin Valley and South Coast 
require each new, modified, and existing electric utility and 
industrial and commercial boiler that emits more than 25 tons per year 
(tpy) of NOX to either burn as its primary fuel natural gas, 
methanol, or ethanol (or a comparably low-polluting fuel), or use 
advanced control technology, such as catalytic control technologies or 
other comparably effective control methods. Section 182(e)(3) also 
requires submittal of a plan revision addressing this requirement to 
the EPA within three years of the effective date of nonattainment 
designation.
    On August 3, 2021, the California Air Resources Board (CARB) 
submitted SIP revisions to the EPA for multiple nonattainment areas to 
fulfill requirements under section 173 of the CAA for new source review 
programs (NSR) and for section 182(e)(3) of the CAA requiring clean 
fuels for boilers for Extreme NAAs.\3\ In this action, we are 
evaluating and proposing action on the portion of the submittal related 
to clean fuels for boilers for the San Joaquin Valley and South Coast 
Extreme NAAs (``2021 Clean Fuels Submittal'').\4\
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    \3\ Letter dated August 3, 2021, from Richard W. Corey, 
Executive Officer, CARB, to Deborah Jordan, Acting Regional 
Administrator, EPA Region IX (submitted electronically August 3, 
2021).
    \4\ CARB's submittal included NSR certifications for various 
nonattainment areas in California. The EPA proposed action on the 
NSR certifications in a separate rulemaking. See 87 FR 22163 (April 
14, 2022).
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II. Statutory and Regulatory Requirements

A. Procedural Requirements for Adoption and Submittal of SIP Revisions

    CAA sections 110(a)(1) and 110(l) and 40 CFR 51.102 require states 
to provide reasonable notice and an opportunity for a public hearing 
prior to adoption of SIP revisions. Section 110(k)(1)(B) requires the 
EPA to determine whether a SIP submittal is complete within 60 days of 
receipt. Any plan that the EPA does not affirmatively determine to be 
complete or incomplete will become complete six months after the day of 
submittal by operation of law. A finding of completeness does not 
approve the submittal as part of the SIP, nor does it indicate that the 
submittal is approvable. It does start a 12-month clock for the EPA to 
act on the SIP submittal (see CAA section 110(k)(2)).

B. Requirements for Clean Fuels or Advanced Control Technology for 
Boilers

    As described in Section I of this document, CAA section 182(e)(3) 
provides that SIPs for Extreme nonattainment areas require each new, 
modified, and existing electric utility and industrial and commercial 
boiler that emits more than 25 tpy of NOX to either burn as 
its primary fuel natural gas, methanol, or ethanol (or a comparably 
low-polluting fuel), or use advanced control technology, such as 
catalytic control technologies or other comparably effective control 
methods.
    The EPA provided additional guidance regarding the applicability of 
this requirement in a Federal Register action titled ``General Preamble 
for the Implementation of Title I of the Clean Air Act Amendments of 
1990'' (``General Preamble'').\5\ According to the General Preamble, a 
boiler should generally be considered as any combustion equipment used 
to produce steam and generally does not include a process heater that 
transfers heat from combustion gases to process streams.\6\ In 
addition, boilers with rated heat inputs less than 15 million British 
Thermal Units (MMBtu) per hour that are oil- or gas-fired may generally 
be considered de minimis and exempt from these requirements because it 
is unlikely that they will exceed the 25 tpy NOX emission 
threshold.\7\
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    \5\ 57 FR 13498 (April 16, 1992).
    \6\ 57 FR 13498, 13523 (April 16, 1992).
    \7\ Id. at 13524.
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III. Summary of the State's Submittal

A. Adoption and Submittal of SIP Revisions

    The 2021 Clean Fuels Submittal contains two certifications that 
existing programs of the South Coast Air Quality Management District 
(SCAQMD) and the San Joaquin Valley Unified Air Pollution Control 
District (SJVUAPCD) meet the clean fuels for boilers requirements for 
the 2015 ozone NAAQS. Table 1 of this document lists the certifications 
addressed by this proposal action.

[[Page 5837]]



          Table 1--Clean Fuels for Boilers Certifications Submitted as Revisions to the California SIP
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             District                 Nonattainment area        Date adopted                   Title
----------------------------------------------------------------------------------------------------------------
San Joaquin Valley Air Pollution    San Joaquin Valley...  June 17, 2021........  Certification that the San
 Control District.                                                                 Joaquin Valley Unified Air
                                                                                   Pollution Control District's
                                                                                   Current Rules Address the
                                                                                   Clean Air Act's Clean Fuels
                                                                                   for Boilers Requirements for
                                                                                   the 2015 8-Hour Ozone
                                                                                   Standard.
South Coast Air Quality Management  South Coast Air Basin  June 4, 2021.........  Clean Fuels for Boilers
 District.                                                                         Compliance Demonstration for
                                                                                   the South Coast Air Basin.\8\
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    The CARB submittal includes a cover letter to the EPA dated August 
3, 2021, a signed Executive Order S-21-014 dated August 3, 2021, 
demonstrating that CARB adopted the relevant certifications identified 
in Table 1, and Attachment A to the Executive Order listing the 
relevant district actions. The documentation of the public review 
process prior to submittal to the EPA by each relevant district, as 
well as information on the relevant certifications, are identified in 
sections III.B and III.C of this document.
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    \8\ The ``Clean Fuels for Boilers Compliance Demonstration for 
the South Coast Air Basin'' is part of the document titled ``Final 
Certification of Nonattainment New Source Review and Clean Fuels for 
Boilers Compliance Demonstration for 2015 8-hour Ozone Standard.'' 
The latter document consists of two demonstrations: (1) 
Nonattainment NSR Compliance Demonstration for the South Coast Air 
Basin and the Coachella Valley and (2) Clean Fuels for Boilers 
Compliance Demonstration for the South Coast Air Basin. In this 
action, we are evaluating and proposing action on the ``Clean Fuels 
for Boilers Compliance Demonstration for the South Coast Air 
Basin.'' The EPA has proposed to approve the ``Nonattainment NSR 
Compliance Demonstration for the South Coast Air Basin and the 
Coachella Valley'' in a separate rulemaking. 87 FR 22163 (April 14, 
2022).
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B. 2021 San Joaquin Valley Certification

    The 2021 Clean Fuels Submittal documents the public review process 
followed prior to its submittal to the EPA as a revision to the SIP for 
the 2021 San Joaquin Valley Certification. The 2021 San Joaquin Valley 
Certification includes a transmittal letter from the SJVUAPCD to 
CARB,\9\ a copy of a notice of public hearing on June 17, 2021, to 
consider the approval of the certification,\10\ a memorandum from the 
SJVUAPCD Executive Director/Air Pollution Control Officer and Project 
Coordinator recommending that the Governing Board adopt the 
certification,\11\ a signed resolution adopting the certification,\12\ 
and a SIP Completeness Checklist indicating that no members of the 
public commented during the notice period or at the hearing.\13\
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    \9\ Letter dated June 17, 2021, from Jonathan Klassen, Director 
Air Quality Science and Planning, SJVUAPCD, to Richard W. Corey, 
Executive Officer, CARB.
    \10\ Email dated May 18, 2021, from 
[email protected] to Stephanie Ng, SJVUAPCD, Subject: 
``Notice of Public Hearing to Adopt Proposed SJVAPCD Certification 
of Clean Fuels for Boilers Requirements for 2015 Ozone Standard.''
    \11\ Memorandum dated June 17, 2021, from Samir Sheikh, 
Executive Director/APCO and Jonathan Klassen, Project Coordinator, 
to the SJVUAPCD Governing Board, Subject: ``Item Number 27: Adopt 
Certification to Address the Clean Air Act's Clean Fuels for Boilers 
Requirements for the 2015 8-Hour Ozone Standard.''
    \12\ SJVUAPCD Governing Board, Resolution 21-06-27, ``In the 
Matter of: Adopting the Certification to Address the Clean Air Act's 
Clean Fuels for Boilers Requirements for the 2015 8-Hour Ozone 
Standard,'' June 17, 2021.
    \13\ SIP Completeness Checklist for ``Certification that the San 
Joaquin Valley Unified Air Pollution Control District's Current 
Rules Address the Clean Air Act's Clean Fuels for Boilers 
Requirements for the 2015 8-hour Ozone Standard.''
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    In the 2021 San Joaquin Valley Certification, the SJVUAPCD states 
that SJVUAPCD Rules 4305, 4306, 4320, and 4352 address NOX 
emissions limits for boilers and that these rules meet the requirements 
of the CAA. Specifically, the SJVUAPCD indicates that most of the 
boilers under SJVUAPCD Rules 4305 and 4306 are fired on natural gas 
and, as such, meet the requirements of CAA section 182(e)(3)(A) for 
those boilers subject to those rules. The SJVUAPCD also indicates that 
SJVUAPCD Rule 4320 establishes more stringent NOX emissions 
limits for units in this source category through the use of advanced 
technology, while also providing advanced emissions reduction options, 
therefore satisfying the requirements of CAA section 182(e)(3)(A) and 
(B). Liquid fuel-fired boilers are also addressed by SJVUAPCD Rules 
4305, 4306, and 4320, and the SJVUAPCD concludes that the applicable 
NOX emissions in the rules necessitate use of advanced 
technology, therefore meeting the requirements of CAA section 
182(e)(3)(B). The SJVUAPCD concludes likewise for solid fuel-fired 
boilers addressed by SJVUAPCD Rule 4352. Table 2 of this document 
provides the list of the relevant rules and information on the SIP-
approved version of the rules.

            Table 2--SIP-Approved SJVUAPCD Rules Supporting the 2021 San Joaquin Valley Certification
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                                                                  Adoption date for SIP-     Citation for EPA
              Rule No.                        Rule title               approved rule         approval into SIP
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4305...............................  Boilers, Steam Generators,   August 21, 2003.......  69 FR 28061 (May 18,
                                      and Process Heaters--Phase                           2004).
                                      2.
4306...............................  Boilers, Steam Generators,   October 16, 2008......  75 FR 1715 (January
                                      and Process Heaters--Phase                           13, 2010).
                                      3.
4320...............................  Advanced Emission Reduction  October 16, 2008......  76 FR 16696 (March 25,
                                      Options for Boilers, Steam                           2011).
                                      Generators, and Process
                                      Heaters Greater than 5.0
                                      MMBtu/hr.
4352...............................  Solid Fuel Boilers, Steam    December 15, 2011.....  77 FR 66548 (November
                                      Generators, and Process                              6, 2012).
                                      Heaters.
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C. 2021 South Coast Certification

    The 2021 Clean Fuels Submittal documents the public review process 
followed prior to its submittal to the EPA as a revision to the SIP for 
the 2021 South Coast Certification. The 2021 South Coast Certification 
includes a transmittal letter from the SCAQMD to CARB,\14\ copies of 
notices of the public hearing on June 4, 2021, to consider the

[[Page 5838]]

approval of the certification,\15\ a signed resolution adopting the 
certification,\16\ and a meeting summary of the public hearing held on 
June 4, 2021.\17\
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    \14\ Letter dated June 11, 2021, from Wayne Nastri, Executive 
Officer, SCAQMD, to Richard W. Corey, Executive Officer, CARB.
    \15\ Proof of publications from the Los Angeles Daily Journal 
(May 3, 2021); Orange County Reporter (May 3, 2021); Inland Valley 
Daily Bulletin/LA (May 3, 2021); the Press-Enterprise (May 3, 2021); 
San Bernardino County Sun (May 3, 2021).
    \16\ Resolution 21-25, ``A Resolution of the Governing Board of 
the South Coast Air Quality Management District (South Coast AQMD) 
certifying the Nonattainment New Source Review (NSR) and Clean Fuels 
for Boilers Compliance Demonstration for 2015 8-hour Ozone Standard 
for the South Coast Air Basin (Basin) and the Coachella Valley'' and 
``A Resolution of the South Coast AQMD Governing Board directing 
staff to forward the Certification of Nonattainment NSR and Clean 
Fuels for Boilers Compliance Demonstration for 2015 8-hour Ozone 
Standard to CARB for its approval and subsequent submission to U.S. 
EPA for inclusion in the State Implementation Plan (SIP).'' June 4, 
2021.
    \17\ South Coast Air Quality Management District, Governing 
Board Meeting Held on: June 4, 2021, Meeting Summary.
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    The 2021 South Coast Certification includes a discussion regarding 
compliance with the requirements of CAA section 182(e)(3) by reference 
to SCAQMD Rules 2002, 2004, 1146, and 1303. Information regarding these 
rules, including dates of adoption and EPA approval, is listed in Table 
3 of this document.
    With respect to sources subject to the SCAQMD's Regulation XX 
(``Regional Clean Air Incentives Market'' or ``RECLAIM''), compliance 
with CAA section 182(e)(3) is provided through SCAQMD Rule 2004 
(``Requirements''), which requires each new, modified, and existing 
electric utility and industrial and commercial boiler emitting more 
than 25 tpy of NOX to burn clean fuel or use advanced 
control technology. SCAQMD Rule 2002 establishes the methodology for 
calculating facility allocations and adjustments to RECLAIM Trading 
Credits holdings for NOX.
    SCAQMD Rule 1146 regulates large boilers not covered in the RECLAIM 
program. Rule 1146 requires that Group I boilers, using natural gas 
equal to or greater than 75 MMBtu per hour, have a NOX limit 
of 5 ppm. Group II boilers, using natural gas equal to or greater than 
20 MMBtu per hour but lower than 75 MMBtu per hour, are required to 
have a NOX limit of 9 ppm depending on compliance schedule. 
Group III boilers, using natural gas equal to or greater than 5 MMBtu 
per hour but lower than 20 MMBtu per hour, are required to meet a 
NOX limit of 9 ppm. Rule 1146 also allows for combustion of 
fuel that may not necessarily be natural gas, methanol, ethanol, or 
other comparably low polluting fuel. The emissions limits for these 
other fuels, including units fired on digester or landfill gas, are 15 
ppm and 25 ppm, respectively. The SCAQMD indicates that according to 
the most recent Annual Emissions Reports, aside from the refinery 
boilers currently regulated under the RECLAIM program, there was only 
one unit emitting more than 25 tpy of NOX using other fuels: 
the Los Angeles County Sanitation District Landfill in Puente Hills. 
This facility is currently subject to the 25 ppm NOX 
emissions limits in Rule 1146, and the boiler at this facility combusts 
recovered landfill gas as the primary fuel and is equipped with flue 
gas recirculation. The certification notes that a Best Available 
Retrofit Control Technology (BARCT) assessment was conducted that 
showed that the emissions limit of 25 ppm reflects BARCT for boilers 
using landfill gas in the South Coast Air Basin.\18\ The certification 
also indicates that this emissions limit is consistent with Rule 
1146.\19\
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    \18\ See Final Staff Report for Proposed Rule 1150.3--Emissions 
of Oxides of Nitrogen from Combustion Equipment at Landfills, 
February 2021, included in the docket for this rulemaking action.
    \19\ Further, the certification also states that a lower 
NOX limit of 9 ppm was established in SCAQMD Rule 1150.3 
(Emissions of Oxides of Nitrogen from Combustion Equipment at 
Landfills) after a cost-effectiveness analysis, which will apply to 
this facility with a compliance date of January 1, 2031. CARB has 
submitted SCAQMD Rule 1150.3 for inclusion in the SIP, but it is not 
currently SIP-approved. The EPA will take action on SCAQMD Rule 
1150.3 in a separate rulemaking action.
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    Lastly, the SCAQMD also notes in the certification that under 
SCAQMD Rule 1303, a new or modified boiler emitting at least 10 tpy of 
NOX or VOC is required to employ best available control 
technology (BACT), which, under the SCAQMD's rule, must be at least as 
stringent as the lowest achievable emission rate (LAER) as defined in 
CAA section 171(3).

                Table 3--SIP-Approved SCAQMD Rules Supporting the 2021 South Coast Certification
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                                                                  Adoption date for SIP-     Citation for EPA
              Rule No.                        Rule title               approved rule         approval into SIP
----------------------------------------------------------------------------------------------------------------
2002...............................  Allocations for NOX and SOX  October 7, 2016.......  82 FR 43176 (September
                                                                                           14, 2017).
2004...............................  Requirements for RECLAIM...  April 6, 2007.........  73 FR 38122 (July 3,
                                                                                           2008).
1146...............................  Emissions of NOX from        November 1, 2013......  79 FR 57442 (September
                                      Industrial, Institutional,                           25, 2014).
                                      and Commercial Boilers,
                                      Steam Generators, and
                                      Process Heaters.
1303...............................  Requirements for NSR.......  May 10, 1996..........  61 FR 64291 (December
                                                                                           4, 1996).
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IV. The EPA's Evaluation of the State's Submittal

A. Evaluation of Procedural Requirements

    Based on the documentation included in CARB's submittal, the EPA 
finds that the submittal satisfies the procedural requirements of 
sections 110(a)(1) and 110(l) of the Act requiring states to provide 
reasonable notice and an opportunity for public hearing prior to 
adoption of SIP revisions. CARB's submittal became complete by 
operation of law on February 3, 2022, pursuant to section 110(k)(1)(B) 
of the Act.

B. Evaluation of Requirements for Clean Fuels or Advanced Control 
Technology for Boilers

1. 2021 San Joaquin Valley Certification
    SJVUAPCD Rules 4305, 4306, and 4320 apply to any gaseous fuel- or 
liquid fuel-fired boiler, steam generator, or process heater with a 
rated heat input greater than 5 MMBtu per hour. SJVUAPCD Rule 4305, as 
amended on August 21, 2003, was approved by the EPA in 2004, and 
SJVUAPCD Rules 4306 and 4320, as revised on October 16, 2008, were 
approved by the EPA in 2010 and 2011, respectively.\20\ SJVUAPCD Rule 
4305 limits emissions of NOX from boilers, steam generators, 
and process heaters. SJVUAPCD Rule 4306 applies to the same units 
listed

[[Page 5839]]

under Rule 4305 but establishes requirements that are more stringent. 
The emissions limits in SJVUAPCD Rule 4306 (5 ppm to 30 ppm for gaseous 
fuels and 40 ppm for liquid fuels) cannot be achieved without the use 
of advanced control technologies.\21\ All units subject to SJVUAPCD 
Rule 4306 were required to comply with the limits in the rule no later 
than December 1, 2008. SJVUAPCD Rule 4320 is a complementary rule to 
SJVUAPCD Rule 4306 and establishes more stringent NOX limits 
for units in this source category.
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    \20\ 69 FR 28061 (May 18, 2004) (approval of Rule 4305); 75 FR 
1715 (January 13, 2010) (approval of Rule 4306); 76 FR 16696 (March 
25, 2011) (approval of Rule 4320). The EPA will be taking action on 
the latest versions of Rules 4306 and 4320, as amended December 17, 
2020, in a separate rulemaking action.
    \21\ ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional Boilers,'' EPA, 
March 1994. For additional information, see 76 FR 57846, 57864-57865 
(September 16, 2011) and 77 FR 12652, 12670 (March 1, 2012).
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    SJVUAPCD Rule 4352 was last approved by the EPA on November 6, 
2012.\22\ SJVUAPCD Rule 4352 applies to any boiler, steam generator, or 
process heater fired on solid fuel at a source that has the potential 
to emit more than 10 tpy of NOX or VOC. All units subject to 
SJVUAPCD Rule 4352 were required to comply with the rule's most 
stringent limits no later than January 1, 2013. In an EPA action on an 
earlier version of SJVUAPCD Rule 4352, we determined that all of the 
NOX emissions limits in SJVUAPCD Rule 4352 effectively 
require operation of selective noncatalytic reduction control 
technology, which, for the affected sources, is comparably effective to 
selective catalytic reduction, and comparable to the combustion of 
clean fuels at these types of boilers. Therefore, we concluded that 
SJVUAPCD Rule 4352 satisfied the requirements of section 182(e)(3) for 
solid fuel-fired boilers in the San Joaquin Valley.\23\
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    \22\ 77 FR 66548 (November 6, 2012).
    \23\ 74 FR 65042 (December 9, 2009) (proposed limited approval 
and limited disapproval of Rule 4352) and 75 FR 60623 (October 1, 
2010) (final limited approval and limited disapproval of Rule 4352).
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    In addition, though not mentioned in the certification, new and 
modified boilers that will emit or have the potential to emit 25 tpy or 
more of NOX are subject to the SJVUAPCD's new source 
permitting rule, SJVUAPCD Rule 2201, titled ``New and Modified 
Stationary Source Review.'' This rule requires new and modified sources 
to install and operate LAER technology. The EPA last approved SJVUAPCD 
Rule 2201 in 2014.\24\
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    \24\ 79 FR 55637 (September 17, 2014). The EPA also recently 
proposed a limited approval and limited disapproval of an amended 
version of Rule 2201. 87 FR 45730 (July 29, 2022). The portion of 
the amended rule that we proposed to disapprove does not affect the 
clean fuels for boilers certification.
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    Finally, in a previous action to approve SIP revisions submitted by 
CARB to meet CAA requirements for the 2008 8-hour ozone NAAQS in the 
San Joaquin Valley ozone nonattainment area, the EPA reviewed the 
SJVUAPCD rules, and concluded that the rules satisfy the requirements 
for clean fuel or advanced control technology for boilers in CAA 
section 182(e)(3).\25\ Based on our analysis, we find that the 
emissions limitations in the SJVUAPCD's rules continue to meet the 
clean fuel or advanced control technology for boilers requirement in 
CAA section 182(e)(3), and thus, we propose to approve the 2021 San 
Joaquin Valley Certification portion of CARB's 2021 Clean Fuels 
Submittal.
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    \25\ 84 FR 11198 (March 25, 2019).
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2. 2021 South Coast Certification
    Currently, within the South Coast, boilers that are subject to the 
requirements of CAA section 182(e)(3) fall into two broad categories: 
(1) boilers that are subject to the SCAQMD's RECLAIM regulation, and 
(2) boilers that are not subject to RECLAIM. Boilers that are subject 
to RECLAIM must comply with SCAQMD Rule 2004, paragraph (h), that sets 
forth requirements that essentially mirror those set forth in CAA 
section 182(e)(3). Thus, we agree with the SCAQMD that SCAQMD Rule 
2004(h) satisfies the SIP requirement in CAA section 182(e)(3) with 
respect to boilers included in the RECLAIM program. We most recently 
approved SCAQMD Rule 2004 into the SIP on July 3, 2008.\26\
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    \26\ 73 FR 38122.
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    As to boilers that are not subject to RECLAIM, for the following 
reasons, we agree with the SCAQMD that the requirements are met through 
implementation of SCAQMD Rule 1146 for existing boilers and through 
implementation of SCAQMD Regulation XIII (``New Source Review''), 
specifically, SCAQMD Rule 1303, for new and modified boilers. We 
approved SCAQMD Rules 1146 and 1303 into the SIP on September 25, 2014, 
and December 4, 1996, respectively.\27\
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    \27\ 79 FR 57442; 61 FR 64291.
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    First, we have reviewed SCAQMD Rule 1146 and find that it applies 
to boilers of equal to or greater than 5 MMBtu per hour heat rate input 
capacity used in all industrial, institutional, and commercial 
operations with the exception of RECLAIM facilities.\28\ That is, it 
regulates large boilers in the South Coast not participating in the 
RECLAIM program. SCAQMD Rule 1146 requires compliance with specified 
numeric limits that are based on the type of unit, and it allows for 
combustion of fuel that may not necessarily be natural gas, methanol, 
ethanol, or other comparably low polluting fuel. The emissions limits 
for these other fuels, including digester or landfill gas, are 15 ppm 
by volume and 25 ppm by volume, respectively. According to the SCAQMD's 
analysis, the only unit firing these fuels that also must comply with 
the requirements of CAA section 182(e)(3) is the Los Angeles County 
Sanitation District Landfill in Puente Hills, which combusts recovered 
landfill gas. Because the Los Angeles County Sanitation District 
Landfill must achieve the limits for landfill gas-fired units as 
required in SCAQMD Rule 1146, we find that the relevant requirements in 
CAA section 182(e)(3) are met.\29\
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    \28\ We note that the applicability section of SCAQMD Rule 1146 
lists certain categories of sources that are not subject to its 
requirements in addition to RECLAIM facilities, such as boilers used 
by electric utilities to generate electricity and large boilers used 
in petroleum refineries. However, the types of boilers that are 
categorically exempted by SCAQMD Rule 1146 are in fact included in 
the RECLAIM program in the South Coast and thus are subject to 
SCAQMD Rule 2004(h), which provides for compliance with CAA section 
182(e)(3).
    \29\ We also acknowledge that though the boiler at the landfill 
boiler already meets the relevant CAA requirements, the SCAQMD is 
further establishing more stringent limits for this facility in 
SCAQMD Rule 1150.3.
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    Second, we have reviewed SCAQMD Rule 1303 and find that it provides 
for denial of a permit to construct for any new or modified source that 
results in an emissions increase of any nonattainment pollutants unless 
BACT is employed for the new or modified source.\30\ The SCAQMD defines 
BACT in essentially the same way as the CAA section 171(3) defines 
LAER.\31\ SCAQMD Rule 1303 thus ensures that new or modified boilers in 
the South Coast that are not subject to RECLAIM comply with the 
requirements in CAA section 182(e)(3).
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    \30\ SCAQMD Rule 1303(a).
    \31\ SCAQMD Rule 1302 (``Definitions''), paragraph (f) (``Best 
Available Control Technology'').
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    In the EPA's previous action on the 2008 8-hour ozone NAAQS, the 
EPA reviewed the SCAQMD rules, and concluded that the rules satisfy the 
requirements for clean fuel or advanced control technology for boilers 
in CAA section 182(e)(3).\32\ Based on our analysis, we find that the 
emissions limitations in the SCAQMD's rules continue to meet the clean 
fuel or advanced control technology for boilers requirement in CAA 
section 182(e)(3), and thus, we propose to approve the

[[Page 5840]]

2021 South Coast Certification portion of CARB's 2021 Clean Fuels 
Submittal.
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    \32\ 84 FR 52005 (October 1, 2019).
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V. Proposed Action

    For the reasons discussed in Section IV of this document, under CAA 
section 110(k)(3), the EPA is proposing to approve as a revision to the 
California SIP the 2021 Clean Fuels Submittal, which contains the 2021 
San Joaquin Valley Certification and the 2021 South Coast 
Certification. Specifically, the elements we are proposing to approve 
are:
     Provisions in the San Joaquin Valley for clean fuels or 
advanced control technology for boilers as meeting the requirements of 
CAA section 182(e)(3) and 40 CFR 51.1302 based on the 2021 San Joaquin 
Valley Certification; and
     Provisions in the South Coast for clean fuels or advanced 
control technology for boilers as meeting the requirements of CAA 
section 182(e)(3) and 40 CFR 51.1302 based on the 2021 South Coast 
Certification.

VI. 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: January 19, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-01504 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P