[Federal Register Volume 88, Number 60 (Wednesday, March 29, 2023)]
[Proposed Rules]
[Pages 18496-18499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06342]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0092; FRL-10674-01-R9]


Air Plan Revisions; California; Eastern Kern 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 a 
limited approval and limited disapproval of a revision to the Eastern 
Kern Air Pollution Control District (EKAPCD) portion of the California 
State Implementation Plan (SIP). These revisions concern emissions of 
oxides of nitrogen (NOX) from stationary gas turbines. We 
are proposing action on a local rule that regulates these emissions 
sources under the Clean Air Act (CAA). We are taking comments on this 
proposal and plan to follow with a final action.

DATES: Comments must be received on or before April 28, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0092 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-Hopper, 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 revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. What are the rule deficiencies?
    D. The EPA's Recommendations to Further Improve the Rule
    E. 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?

[[Page 18497]]

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

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
            Local agency                 Rule #               Rule title              Revised        Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD.............................             425  Stationary Gas Turbines            01/11/18        05/23/18
                                                      (Oxides of Nitrogen).
----------------------------------------------------------------------------------------------------------------

    On November 15, 2018, the EPA determined that the submittal for 
EKAPCD Rule 425 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?

    We approved an earlier version of Rule 425 into the SIP on March 1, 
1996 (61 FR 7992). The EKAPCD adopted revisions to the SIP-approved 
version on January 11, 2018, and the CARB submitted them to us on May 
23, 2018. If we take final action to approve the January 11, 2018 
version of Rule 425, this version will replace the previously approved 
version of this rule in the SIP.

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

    Emissions of NOX contribute to the production of ground-
level ozone, smog and particulate matter (PM), which harm human health 
and the environment. Section 110(a) of the CAA requires states to 
submit regulations that control NOX emissions. Rule 425 
establishes updated limits on NOX and carbon monoxide (CO) 
for stationary gas turbine engines (units), equal to or greater than 
0.88 megawatts (MW) operating in the EKAPCD. NOX emission 
limits were set for stationary turbines, depending on their size, for 
both gaseous and liquid fuel, with exemptions for smaller low-use 
engines, emergency standby units, and additional categories described 
in the technical support document (TSD). NOX emission limits 
and work practice standards were also set for periods of startup and 
shutdown. Monitoring requirements for continuous emissions monitoring 
system (CEMS) control system operating parameters, providing source 
testing for the exhaust gas NOX concentration, maintenance 
of records for five years, and clarification on monitoring exhaust gas 
NOX concentrations for units at 10 MW or greater were added. 
Extra test methods for NOX and oxygen for compliance testing 
and administrative requirements for exempt units have been added to the 
rule. The EPA's 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)) 
and must not interfere with applicable requirements concerning 
attainment and reasonable further progress or other CAA requirements 
(see CAA section 110(l)).
    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 EKAPCD regulates an ozone nonattainment area 
classified as Serious for the 2015 8-hour ozone National Ambient Air 
Quality Standards (NAAQS), Severe for the 2008 8-hour ozone NAAQS and 
Moderate for the 1997 8-hour ozone NAAQS. (40 CFR 81.305). Therefore, 
this rule must implement RACT for major sources in the nonattainment 
area.
    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. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, 
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 
11, 1990).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. ``State Implementation Plans: Response to Petition for 
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to 
SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend 
Provisions Applying to Excess Emissions During Periods of Startup, 
Shutdown and Malfunction,'' 80 FR 33839, June 12, 2015.
    4. ``NOX Emissions from Stationary Gas Turbines,'' 
EPA 453/R-93-007, January 1993.
    5. ``Determination of Reasonably Available Control Technology 
and Best Available Retrofit Control Technology for the Control of 
Oxides of Nitrogen from Stationary Gas Turbines,'' CARB, May 18, 
1992.

B. Does the rule meet the evaluation criteria?

    Rule 425 improves the SIP by expanding the applicability threshold 
of the rule to smaller units and non-cogeneration units, strengthening 
requirements during startup and shutdown periods, and clarifying 
monitoring, recording and recordkeeping provisions. The rule is largely 
consistent with CAA requirements and relevant guidance regarding 
enforceability, RACT, and SIP revisions. Rule provisions which do not 
meet the evaluation criteria are summarized below and discussed further 
in the TSD.

C. What are the rule deficiencies?

    The EPA is proposing to determine that the following provision does 
not satisfy the requirements of section 110 and part D of title I of 
the Act and prevents full approval of the SIP revision, for reasons 
described here and explained in further detail in the TSD.
    1. Rule 425, section (V)(B) revised the NOX limits for 
Westinghouse W251B10 turbines with Authority to Construct permits 
issued before 1983 to 25 parts per million by volume. This revised 
limit is higher than the limits for comparably sized units elsewhere in 
the District, and higher than the limits applicable to such units in 
the existing SIP- approved version of Rule 425. The submission has not 
sufficiently justified why this higher limit meets the RACT 
requirement. Moreover, the submission, which is seemingly a relaxation 
of the rule, is not accompanied with a sufficient explanation as to why 
the relaxation does not interfere with attainment of the NAAQS or 
reasonable further progress. As a result, the submission has not shown 
compliance with the requirement of CAA section 110(l).

D. The EPA's Recommendations to Further Improve the Rule

    The TSD includes recommendations for the next time local agency 
modifies the rule.

E. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes a 
limited approval of the submitted rule because it largely fulfills all 
relevant requirements and strengthens the SIP. The EPA simultaneously 
proposes a limited disapproval because of the

[[Page 18498]]

deficiency described in Section II.C of this document. We will accept 
comments from the public on this proposal until April 28, 2023. If 
finalized, this action would incorporate the submitted rule into the 
SIP, including those provisions identified as deficient. This approval 
is limited because the EPA is simultaneously proposing a limited 
disapproval of the rule under section 110(k)(3).
    If we finalize this disapproval, CAA section 110(c) would require 
the EPA to promulgate a federal implementation plan within 24 months 
unless we approve a subsequent SIP revision that corrects the 
deficiencies identified in our evaluation.
    In addition, final disapproval would trigger the offset sanction in 
CAA section 179(b)(2) 18 months after the effective date of a final 
disapproval, and the highway funding sanction in CAA section 179(b)(1) 
six months after the offset sanction is imposed. A sanction will not be 
imposed if the EPA determines that a subsequent SIP submission corrects 
the deficiencies identified in our final action before the applicable 
deadline.

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 the EKAPCD Rule 425, Stationary Gas Turbines (Oxides of 
Nitrogen), revised January 11, 2018, which regulates NOX and 
CO for stationary gas turbine engines equal to or greater than 0.88 MW. 
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).

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA because this action does not impose additional requirements 
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not impose additional 
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Under the CAA, 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 review state choices, 
and approve those choices if they meet the minimum criteria of the Act. 
Accordingly, this proposed action limitedly approves and limitedly 
disapproves state law as meeting federal requirements and does not 
impose

[[Page 18499]]

additional requirements beyond those imposed by state law.
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. EPA did not perform an EJ analysis and did not consider EJ 
in this action. Due to the nature of the action being taken here, this 
action is expected to have a neutral to positive impact on the air 
quality of the affected area. Consideration of EJ is not required as 
part of this action, and there is no information in the record 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 22, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-06342 Filed 3-28-23; 8:45 am]
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