Air quality implementation plans; approval and promulgation; various States: California,

[Federal Register: November 16, 2001 (Volume 66, Number 222)]

[Rules and Regulations]

[Page 57666-57668]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr16no01-8]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 169-0272a; FRL-7100-6]

Revisions to the California State Implementation Plan, California State Implementation Plan Revision; San Joaquin Valley Unified Air Pollution Control District, and South Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final action to approve revisions to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD), and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) and oxides of nitrogen (NOX) emissions from equipment tuning procedure for boilers, steam generators, and process heaters, pumps and compressor seals at petroleum refineries and chemical plants, and residential type, natural gas-fired water heaters. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on January 15, 2002 without further notice, unless EPA receives adverse comments by December 17, 2001. If we receive such comment, we will publish a timely withdrawal in the Federal Register to notify the public that this rule will not take effect.

ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR- 4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

You can inspect copies of the submitted SIP revisions and EPA's technical support documents (TSDs) at our Region IX office during normal business hours. You may also see copies of the submitted SIP revisions at the following locations: California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814 San Joaquin Valley Unified Air Pollution Control District, 1990 E. Gettysburg, Fresno, CA 93726 South Coast Air Quality Management District, 21865 E. Copley Dr. Diamond Bar, CA 91765-4182

FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Rulemaking Office (AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 744- 1153.

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

Table of Contents

1. The State's Submittal

   1. What rules did the State submit?

   2. Are there other versions of these rules?

   3. What is the purpose of the submitted rules and rule revisions? II. EPA's Evaluation and Action

   1. How is EPA evaluating the rules?

   2. Do the rules meet the evaluation criteria?

   3. EPA recommendations to further improve the rules.

   4. Public comment and final action. III. Background information. Why were the rules submitted? IV. Administrative Requirements I. The State's Submittal

   1. What Rules Did the State Submit?

      Table 1 lists the rules we are approving with the dates that they were adopted by local air agencies and submitted by the California Air Resources Board (CARB).

      Table 1.--Submitted Rules

      Local agency

      Rule #

      Rule title

      Adopted Submitted

      SJVUAPCD............................. 4304 Equipment tuning procedure for

      10/19/95 03/26/96 boilers, steam generators, and process heaters. SJVUAPCD............................. 4452 Pumps and compressor seals at

      12/17/92 09/07/99 petroleum refineries and chemical plants. SCAQMD............................... 1121 Control of nitrogen oxides from

      12/10/99 03/28/00 residential type, natural gas-fired water heaters.

      On May 15, 1996, October 20, 1999, and May 19, 2000 these rule submittals were found to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review.

   2. Are There Other Versions of These Rules?

      There is no previous version of SJVUAPCD Rule 4304 in the SIP. EPA approved an earlier version of Rule 4452, numbered 464.2, which was adopted locally on April 11, 1991. We approved a version of SCAQMD Rule 1121 adopted on March 10, 1995.

   3. What Is the Purpose of the Submitted Rule and Rule Revisions?

      SJVUAPCD Rule 4304 provides tuning procedures for boilers, steam generators, and process heaters to control visible emissions, and both nitrogen oxide (NOX) and carbon monoxide (CO) emissions.

      [[Page 57667]]

      SJVUAPCD amended Rule 464.2, is renumbered as Rule 4452. The amendments provide administrative changes, normalize format, and unify numbering system. They are not substantive in nature. The provisions of existing SCAQMD Rule 1121 are amended to establish reduced emission limits of nitrogen oxides from new residential type, natural gas-fired water heaters that are sold or installed in residential or commercial establishments.The TSDs have more information about the rules.

2. EPA's Evaluation and Action

   1. How Is EPA Evaluating the Rules?

      Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for major sources in nonattainment areas (see section 182(a)(2)(A)), and must not relax existing requirements (see sections 110(l) and 193).

      Guidance and policy documents that we used to define specific enforceability and RACT requirements include the following:

      1. ``State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule,'' (the NOXSupplement), 57 FR 55620, November 25, 1992.

      2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations; Clarification to Appendix D of November 24, 1987 Federal Register document,'' (Blue Book), notice of availability published in the May 25, 1988 Federal Register.

      3. September 20, 1999 memo regarding state implementation plans: policy regarding excess emissions during malfunctions, startup, and shutdown, U.S. EPA, Office of Air Quality Planning and Standards.

   2. Do the Rules Meet the Evaluation Criteria?

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

   3. EPA Recommendations to Further Improve the Rules

      The TSD describes additional rule revisions that do not affect EPA's current action, but are recommended for the next time the local agencies modify the rules.

   4. 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 December 17, 2001, 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 January 15, 2002. This will incorporate the rules into the federally enforceable SIP.

3. Background Information

   1. Why Were the Rules Submitted?

   NOXand VOC help 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 NOXand VOC emissions. Table 2 lists some of the national milestones leading to the submittal of these local agency rules.

   Table 2.--Ozone Nonattainment Milestones

   Date

   Event

   March 3, 1978................. EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as amended in 1977. 43 FR 8964; 40 CFR 81.305. May 26, 1988.................. EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA's SIP-Call). See section 110(a)(2)(H) of the pre-amended Act. November 15, 1990............. Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. May 15, 1991.................. Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date.

4. Administrative Requirements

   Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. This action merely approves state law as meeting federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, this rule also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This rule 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely approves state rules implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant.

   In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission,

   [[Page 57668]]

   to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings' issued under the executive order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

   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 rule 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 filedin the United States Court of Appeals for the appropriate circuit by January 15, 2002. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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. 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

   Dated: October 22, 2001. Wayne Nastri, Regional Administrator, Region IX.

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

   PART 52--[AMENDED]

   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 paragraphs (c)(230)(i)(D)(2), (269)(i)(C)(2), and (277)(i)(D) to read as follows:

      Sec. 52.220 Identification of plan.

      * * * * *

      (c) * * *

      (230) * * *

      (i) * * *

      (D) * * *

      (2) Rule 4304 adopted on October 19, 1995. * * * * *

      (269) * * *

      (i) * * *

      (C) * * *

      (2) Rule 4452 adopted on December 17, 1992. * * * * *

      (277) * * *

      (i) * * *

      (D) South Coast Air Quality Management District.

      (1) Rule 1121 adopted on December 10, 1999. * * * * *

      [FR Doc. 01-28345Filed11-15-01; 8:45 am]

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