State Implementation Plans:

Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)

Rules and Regulations

Pages 31242-31245

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

FR Doc No: 2011-13273

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52

EPA-R09-OAR-2010-0418; FRL-9249-3

Revisions to the California State Implementation Plan, Santa

Barbara County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing a limited approval and limited disapproval of revisions to the Santa Barbara County Air Pollution Control District

(SBCAPCD) portion of the California State Implementation Plan (SIP).

This action was proposed in the Federal Register on August 2, 2010 and concerns oxides of nitrogen (NOx) emissions from boilers, steam generators and process heaters with a rated heat input rate greater than 2 million BTU/hr and less than 5 million BTU/hr and internal combustion engines with a rated brake horse power of 50 or greater.

Under authority of the Clean Air Act as amended in 1990 (CAA or the

Act), this action simultaneously approves local rules that regulates these emission sources and directs California to correct rule deficiencies.

DATES: Effective Date: This rule is effective on June 30, 2011.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2010-0418 for this action. The index to the docket is available electronically at http://www.regulations.gov and in hard copy at EPA Region IX, 75

Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), 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: Idalia Perez, EPA Region IX, (415) 942-3248, perez.idalia@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and

``our'' refer to EPA.

Table of Contents

I. Proposed Action

II. Public Comments and EPA Responses

III. EPA Action

IV. Statutory and Executive Order Reviews

I. Proposed Action

On August 2, 2010 (75 FR 45082), EPA proposed a limited approval and limited disapproval of the following rules that were submitted for incorporation into the California SIP.

Local agency

Rule No.

Rule title

Adopted

Submitted

SBCAPCD...............................

361 Small Boilers, Steam

01/17/08

07/18/08

Generators and Process

Heaters.

SBCAPCD...............................

333 Control of Emissions

06/19/08

10/20/08 from Reciprocating

Internal Combustion

Engines.

We proposed a limited approval because we determined that these rules improve the SIP and are largely consistent with the relevant CAA requirements. We simultaneously proposed a limited disapproval because

Page 31243

some rule provisions conflict with section 110 and part D of the Act.

These provisions include the following:

The following provisions in Rule 361 conflict with section 110(a) the Act and prevent full approval of the SIP revision. 1. Section F.3 defines the length of the startup and shutdown intervals as ``not last[ing] longer than is necessary to reach stable temperatures and conditions.'' This leads to enforceability concerns due to the lack of specificity of the duration of these periods. The duration of these periods should be further specified. 2. Section G.4 states that documentation of fuel sulfur content must be kept as a record. The type of documentation required should be specified in the rule.

The following provisions in Rule 333 conflict with section 110(a) the Act and prevent full approval of the SIP revision. 1. Rule 333 includes various provisions allowing for APCO discretion without having explicit and replicable procedures that define how the discretion will be exercised to assure emission reductions. 2. Section F.3 indicates that portable analyzer reading in excess of the emission limits triggers another reading in 15 days and monthly readings for 3 months. These high portable analyzers readings should instead trigger a source test within 60 days of the excess emission reading. 3. Section I.1 indicates that source tests shall be performed at the engine's maximum load or under the engines' typical duty cycle as demonstrated by historical operation data. This should be constrained to the engine's maximum load or conditions specified in the Permit to

Operate. The option for testing at the engine's typical duty cycle should be further defined and justified.

EPA Recommendations To Further Improve the Rule

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

II. Public Comments and EPA Responses

EPA's proposed action provided a 30-day public comment period.

During this period, we received no comments.

III. EPA Action

No comments were submitted that change our assessment of the rules as described in our proposed action. Therefore, as authorized in sections 110(k)(3) and 301(a) of the Act, EPA is finalizing a limited approval of the submitted rules. This action incorporates the submitted rules into the California SIP, including those provisions identified as deficient. As authorized under section 110(k)(3), EPA is simultaneously finalizing a limited disapproval of the rule. If this disapproval is finalized, no sanctions will be imposed under section 179 of the Act because SBCAPCD is not required to have these rules in the applicable

SIP. A final disapproval would also not trigger the 2-year clock for the federal implementation plan (FIP) requirement under section 110(c).

Note that the submitted rules have been adopted by the SBCAPCD, and

EPA's final limited disapproval does not prevent the local agency from enforcing it.

IV. Statutory and Executive Order Reviews

1. Executive Order 12866, Regulatory Planning and Review

   The Office of Management and Budget (OMB) has exempted this regulatory action from Executive Order 12866, entitled ``Regulatory

   Planning and Review.''

2. Paperwork Reduction Act

   This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

   Burden is defined at 5 CFR 1320.3(b).

3. Regulatory Flexibility Act

   The Regulatory Flexibility Act (RFA) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and small governmental jurisdictions.

   This rule will not have a significant impact on a substantial number of small entities because SIP approvals and limited approvals/ limited disapprovals under section 110 and subchapter I, part D of the

   Clean Air Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because this limited approval/limited disapproval action does not create any new requirements, I certify that this action will not have a significant economic impact on a substantial number of small entities.

   Moreover, due to the nature of the Federal-State relationship under the Clean Air Act, preparation of flexibility analysis would constitute

   Federal inquiry into the economic reasonableness of State action. The

   Clean Air Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

4. Unfunded Mandates Reform Act

   Under sections 202 of the Unfunded Mandates Reform Act of 1995

   (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to the private sector, of $100 million or more. Under section 205, EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

   EPA has determined that the limited approval/limited disapproval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This

   Federal action approves pre-existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action.

5. Executive Order 13132, Federalism

   Federalism (64 FR 43255, August 10, 1999) revokes and replaces

   Executive Orders 12612 (Federalism) and 12875 (Enhancing the

   Intergovernmental Partnership). Executive Order 13132 requires EPA to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' is defined in the Executive Order to include regulations that 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.'' Under Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial

   Page 31244

   direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. EPA also may not issue a regulation that has federalism implications and that preempts State law unless the

   Agency consults with State and local officials early in the process of developing the proposed regulation.

   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, because it merely approves a State rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. Thus, the requirements of section 6 of the Executive Order do not apply to this rule.

6. Executive Order 13175, Coordination With Indian Tribal Governments

   Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), requires EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' This final rule does not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Thus, Executive Order 13175 does not apply to this rule.

7. Executive Order 13045, Protection of Children From Environmental

   Health Risks and Safety Risks

   EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5-501 of the Executive Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045, because it approves a

   State rule implementing a Federal standard.

8. Executive Order 13211, Actions That Significantly Affect Energy

   Supply, Distribution, or Use

   This rule is not subject to Executive Order 13211, ``Actions

   Concerning Regulations That Significantly Affect Energy Supply,

   Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.

   I. National Technology Transfer and Advancement Act

   Section 12 of the National Technology Transfer and Advancement Act

   (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with

   NTTAA, EPA must consider and use ``voluntary consensus standards''

   (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.

   The EPA believes that VCS are inapplicable to this action. Today's action does not require the public to perform activities conducive to the use of VCS.

10. Executive Order 12898: Federal Actions To Address Environmental

    Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.

    EPA lacks the discretionary authority to address environmental justice in this rulemaking.

11. Congressional Review Act

    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). This rule will be effective on June 30, 2011.

    L. Petitions for Judicial Review

    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 August 1, 2011. 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, Volatile organic compounds.

    Dated: December 14, 2010.

    Jared Blumenfeld,

    Regional Administrator, Region IX.

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

    PART 52--[AMENDED] 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)(359)(i)(E) and

    (361)(i)(A)(2) to read as follows:

    Sec. 52.220 Identification of plan.

    * * * * *

    (c) * * *

    (359) * * *

    (i) * * *

    (E) Santa Barbara County Air Pollution Control District.

    (1) Rule 361, ``Small Boilers, Steam Generators and Process

    Heaters,'' adopted on January 17, 2008.

    * * * * *

    (c) * * *

    (361) * * *

    (i) * * *

    (A) * * *

    Page 31245

    (2) Rule 333, ``Control of Emissions from Reciprocating Internal

    Combustion Engines,'' adopted on June 19, 2008.

    * * * * *

    FR Doc. 2011-13273 Filed 5-27-11; 8:45 am

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