Approval and Promulgation of Implementation Plans; California

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OAQPS #CA21-6-6291; FRL-5007-1]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Ventura County Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve revisions to the California State

Implementation Plan (SIP) for ozone. The revisions concern the control

of oxides of nitrogen (NOx) from electric utilities and stack

monitoring requirements for making compliance determinations in Ventura

County. The intended effect of proposing approval of these rules is to

regulate emissions of NOx in accordance with the requirements of

the Clean Air Act, as amended in 1990 (CAA or the Act). EPA's final

action on this notice of proposed rulemaking will incorporate these

rules into the federally approved SIP. EPA has evaluated each of these

rules and is proposing to approve them under provisions of the CAA

regarding EPA actions on SIP submittals, SIPs for national primary and

secondary ambient air quality standards, and plan requirements for

nonattainment areas.

COMMENTS: Comments on this proposed action must be received in writing

on or before August 4, 1994.

ADDRESSES: Comments may be mailed to: Daniel A. Meer, Chief, Stationary

Source Rulemaking (A-5-3), Air and Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA

94105.

Copies of the rule revision and EPA's evaluation report of each

rule are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rule revisions

are also available for inspection at the following locations:

Stationary Source Rulemaking Section (A-5-3), Air and Toxics Division,

U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,

San Francisco, CA 94105.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.

Ventura County Air Pollution Control District, Rule Development

Section, 702 County Square Drive, Ventura, CA 93003.

FOR FURTHER INFORMATION CONTACT: Wendy Colombo, Stationary Source

Rulemaking, (A-5-3), Air and Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA

94105 Telephone: (415) 744-1202.

SUPPLEMENTARY INFORMATION:

Background:

On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)

were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q. The air quality planning requirements for the reduction of

NOX emissions through reasonably available control technology

(RACT) are set out in section 182(f) of the CAA. On November 25, 1992,

EPA published a notice of proposed rulemaking entitled ``State

Implementation Plans; Nitrogen Oxides Supplement to the General

Preamble; Clean Air Act Amendments of 1990 Implementation of Title I;

Proposed Rule,'' (the NOX Supplement) which describes the

requirements of section 182(f). The November 25, 1992, notice should be

referred to for further information on the NOX requirements and is

incorporated into this document by reference.

Section 182(f) of the Clean Air Act requires States to apply the

same requirements to major stationary sources of NOX (``major'' as

defined in section 302 and sections 182(c), (d), and (e)) as are

applied to major stationary sources of volatile organic compounds

(VOCs), in moderate or above ozone nonattainment areas. Ventura County

is classified as a severe nonattainment area for ozone,1 therefore

subject to the RACT requirements of section 182(b)(2), cited above.

---------------------------------------------------------------------------

\1\Ventura County was designated nonattainment and classified by

operation of law pursuant to sections 107(d) and 181(a) upon the

date of enactment of the CAA. See 55 FR 56694 (November 6, 1991).

---------------------------------------------------------------------------

Section 182(b)(2) requires submittal of RACT rules for major

stationary sources of VOC emissions (not covered by a pre-enactment

control technologies guidelines (CTG) document or a post-enactment CTG

document) by November 15, 1992. There were no NOX CTGs issued

before enactment and EPA has not issued a CTG document for any NOX

sources since enactment of the CAA. The RACT rules covering NOX

sources and submitted as SIP revisions are expected to require final

installation of the actual NOX controls by May 31, 1995 for those

sources where installation by that date is practicable.

This document addresses EPA's proposed action for Ventura County

Air Pollution Control District (VCAPCD), Rule 59, Electrical Power

Generating Equipment--Oxides of Nitrogen Emissions and Rule 103, Stack

Monitoring. Rule 59 and Rule 103 were respectively adopted by VCAPCD on

September 15, 1992 and June 4, 1991. The California Air Resources Board

(CARB) submitted these revisions to EPA on November 18, 1993 and

October 25, 1991, respectively. The submissions were found to be

complete on December 23, 1993 (Rule 59) and December 18, 1991 (Rule

103), pursuant to EPA's completeness criteria that are set forth in 40

CFR Part 51 Appendix V,2 and are being proposed for approval into

the SIP.

---------------------------------------------------------------------------

\2\EPA adopted the completeness criteria on February 16, 1990

(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,

revised the criteria on August 26, 1991 (56 FR 42216).

---------------------------------------------------------------------------

NOX emissions contribute to the production of ground level

ozone and smog. Rule 59 limits nitrogen oxide emissions from utility

boilers in Ventura County, while Rule 103 specifies stack monitoring

requirements. The rules were adopted as part of Ventura County's

efforts to achieve the National Ambient Air Quality Standards (NAAQS)

for ozone and in response to the CAA requirements cited above. The

following is EPA's evaluation and proposed action for these rules.

EPA Evaluation and Proposed Action

In determining the approvability of a NOX rule, EPA must

evaluate the rule for consistency with the requirements of the CAA and

EPA regulations, as found in section 110 and part D of the CAA and 40

CFR part 51 (Requirements for Preparation, Adoption and Submittal of

Implementation Plans). The EPA interpretations of these requirements,

which form the basis for this action, appear in the NOX Supplement

and various other EPA policy guidance documents.3 Among these

provisions is the requirement that a NOX rule must, at a minimum,

provide for the implementation of RACT for stationary sources of

NOX emissions.

---------------------------------------------------------------------------

\3\ Among other things, the pre-amendment guidance consists of

those portions of the proposed post-1987 ozone and carbon monoxide

policy that concern RACT, 52 FR 45044 (November 24, 1987);

Issues Relating to VOC Regulation Cutpoints,

Deficiencies, and Deviations, Clarification to Appendix D of

November 24, 1987 Federal Register Notice (Blue Book) (notice of

availability was published in the Federal Register on May 25, 1988).

---------------------------------------------------------------------------

For the purposes of assisting state and local agencies in

developing NOX RACT rules, EPA prepared the NOX Supplement to

the General Preamble, cited above (57 FR 55620). In the NOX

Supplement, EPA provides guidance on how RACT should be determined for

major stationary sources of NOX emissions. While most of the

guidance issued by EPA on what constitutes RACT for stationary sources

has been directed towards application for VOC sources, much of the

guidance is also applicable to RACT for stationary sources of NOX

(see section 4.5 of the NOX Supplement). In addition, pursuant to

section 183(c), EPA is issuing alternative control techniques documents

(ACTs), that identify alternative controls for all categories of

stationary sources of NOX. The ACT documents will provide

information on control technology for stationary sources that emit or

have the potential to emit 25 tons per year or more of NOX.

However, the ACTs will not establish a presumptive norm for what is

considered RACT for stationary sources of NOX. In general, the

guidance documents cited above, as well as other relevant and

applicable guidance documents, have been issued by EPA to ensure that

submitted NOX RACT rules are fully enforceable and strengthen or

maintain the SIP.

The current SIP-approved version of Rule 59, Electrical Power

Generating Equipment--Oxides of Nitrogen Emissions, has four parts:

``A'' regarding emission limits; ``B'' regarding applicability; ``D''

regarding definitions (approved on June 6, 1980); and ``C'' regarding

exceedance provisions (approved into the SIP on April 11, 1983). The

significant changes in the September 15, 1992 version involve more

stringent emission limits, fuel oil provisions, natural gas curtailment

issues, 24-hour rolling average compliance determinations, start-up

exemptions, and increments of progress provisions. In addition, new

recordkeeping requirements, test methods, and definitions have been

included.

Specifically, the rule limits NOX emissions from boilers rated

less than 2150 million British Thermal Units (MMBtu) to 0.20 pounds per

megawatt-hour (lb/MW-hr) produced, and limits NOX emissions from

units greater than or equal to 2150 MMBtu to 0.10lb/MW-hr. Final

compliance with these limits is required by June 4, 1996 and June 4,

1994, respectively. Interim NOX limits are required for units

burning natural gas as well as fuel oil. However, operation on any

amount of fuel oil as of April 1, 1993 is prohibited except during

system tests or a force majeure natural gas curtailment. Compliance

with the hourly emission limits is determined using a 24-hour rolling

average in which the 24 hourly measurements immediately preceding the

current hour are used to calculate the average for that hour. Emissions

and power production are required to be continuously monitored pursuant

to Rule 103. For implementation by 1995, all the limits specified in

Rule 59 are more stringent than RACT except for the pre-1996 limits

established for units less than 2150MMBtu/hr. The pre-1996 limits for

these units, however, meet RACT. Although all limits post-1996 are more

stringent than the NOX RACT limits for utility boilers specified

in the NOX Supplement, all additional reductions obtained beyond

those attributable to RACT are assumed necessary for VCAPCD's

attainment planning purposes.

A more detailed discussion of the sources controlled, the controls

required, and the analysis of how these controls meet RACT can be found

in the Technical Support Document (TSD) for Rule 59 and Rule 103, dated

June 1994.

Rule 103, Stack Monitoring was originally adopted by VCAPCD on

November 22, 1977. A revised version was approved into the SIP on

October 16, 1985. The rule adopted on June 4, 1991 requires all large

boilers, regardless of their use rate, to be monitored.

EPA has evaluated the submitted rules and has determined that they

are consistent with the CAA, EPA regulations and EPA policy. Therefore,

both VCAPCD Rule 59, Electrical Power Generating Equipment--Oxides of

Nitrogen Emissions and VCAPCD Rule 103, Stack Monitoring are being

proposed for approval under section 110(k)(3) of the CAA as meeting the

requirements of section 110(a) and part D.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic and environmental factors and in

relation to relevant statutory and regulatory requirements.

Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C sections 603 and

604. Alternatively, EPA may certify 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 government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under section 110 and subchapter I, Part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, it does not have a

significant impact on affected small entities. Moreover, due to the

nature of the federal-state relationship under the CAA, preparation of

a regulatory flexibility analysis would constitute federal inquiry into

the economic reasonableness of state action. The CAA forbids EPA to

base its actions concerning SIPs on such grounds. Union Electric Co. v.

U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. section 7410

(a)(2).

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation.

OMB has exempted this action from E.O. 12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401-7671q.

Dated: June 20, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-16219 Filed 7-1-94; 8:45 am]

BILLING CODE 6560-50-P