Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Santa Barbara County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA37-10-6383; FRL-5076-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Santa Barbara County Air Pollution

Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: EPA is proposing to approve a revision to the California State

Implementation Plan (SIP) for ozone. The revision concerns the control

of oxides of nitrogen (NOx) from industrial boilers, steam

generators, and process heaters in Santa Barbara County. The rule

limits NOx and carbon monoxide emissions from these sources. The

intended effect of proposing approval of this rule 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 this rule into the

federally approved SIP. EPA has evaluated this rule and is proposing to

approve it 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.

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

or before October 21, 1994.

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

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

Agency, Region 9, 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 9 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.

Santa Barbara County Air Pollution Control District, Rule

Development Section, 26 Castilian Drive B-23, Goleta, CA 93117

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. Public Law 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 NPRM 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, document 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 sections 302 and 182(c), (d), and (e)) as are applied to

major stationary sources of volatile organic compounds (VOCs), in

moderate or above ozone nonattainment areas. Santa Barbara County is

classified as a moderate nonattainment area for ozone;1 therefore

the Santa Barbara County area is subject to the RACT requirements of

section 182(b)(2), cited above.

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\1\ Santa Barbara 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).

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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

category 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 Santa Barbara

County Air Pollution Control District (SBCAPCD) Rule 342, Control of

NOx from Boilers, Steam Generators, and Process Heaters. The rule

was adopted by the SBCAPCD on March 10, 1992 and submitted by the State

of California on June 19, 1992. Submitted Rule 342 was found to be

complete on August 27, 1992 pursuant to EPA's completeness criteria

that are set forth in 40 CFR part 51, appendix V2 and is being

proposed for approval into the SIP.

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\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).

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NOx emissions contribute to the production of ground level

ozone and smog. Rule 342 controls emissions of NOx and carbon

monoxide from commercial and industrial boilers, steam generators, and

process heaters which are used in a wide variety of applications

providing steam, heat, and hot water for industrial, institutional, and

commercial operations. Rule 342 was adopted as part of SBCAPCD'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 Rule 342.

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 interpretation of these requirements,

which forms the basis for this action, appears in the NOx

Supplement and various 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.

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\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).

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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 will be determined for

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 technique 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 set forth to ensure that submitted NOx RACT

rules meet Federal RACT requirements and are fully enforceable and

strengthen or maintain the SIP.

Rule 342 applies to all boilers, steam generators, and process

heaters with rated heat inputs greater than or equal to 5 million

British Thermal Units per hour (MMBtu/hr) used in industrial,

institutional, and commercial operations. The rule limits NOx

emissions from units with rated heat inputs greater than or equal to 5

MMBtu/hr and with annual heat input greater than or equal to 9 billion

Btu to 30 parts per million (ppm) or 0.036 pound per million BTU (lb/

MMBtu) when operated on gas. For the same size units with annual heat

inputs of the same level, which are operated on nongaseous fuel, the

rule limits NOx emissions to 40ppm or 0.052 lb/MMBtu of heat

input. The same size units operating with annual heat inputs of less

than 9 billion Btu are required to maintain stack-gas oxygen

concentrations at less than 3 percent or perform annual tune-ups. Final

compliance with these limits is required by March 10, 1996.

The RACT limits specified in the California Air Resources Board's

(CARB's) reasonably available control technology/best available

retrofit control technology (RACT/BARCT) determination for these types

of units are 70 ppm (0.084 lb/MMBtu) and 115 ppm (0.150 lb/MMBtu) for

units fired with gas and nongaseous fuels while those for BARCT are 30

ppm and 40 ppm, respectively. Although Rule 342's BARCT limits (30ppm/

40ppm) are more stringent than what EPA would consider as RACT (70ppm/

115ppm) for these sources, the additional reductions obtained beyond

those attributable to RACT are assumed necessary for SBCAPCD's

attainment planning purposes.

In evaluating the rule, EPA must also determine whether the CAA

requirement for RACT implementation by May 31, 1995 is met. The rule

was written such that final compliance is not required until 4 years

after the date of adoption. Since the rule was adopted in March 1992,

final compliance is not required until March 1996. Under certain

circumstances, the determination of what constitutes RACT could include

consideration of advanced control technologies, i.e., California's

requirement for BARCT. In these cases, the CAA's May 1995 date for RACT

implementation may be satisfied in BARCT rules that establish ``interim

RACT'' by May 1995, and require emission limitations based on advanced

control technologies (BARCT) be met after May 1995. Rule 342 requires

that interim control measures be met to ensure progress toward final

compliance. The interim control measures include applying for a permit

to operate and authority to construct and the development and

submission of a compliance plan. A more detailed discussion of the

sources controlled, the controls required, and the justification for

why these controls represent RACT can be found in the Technical Support

Document (TSD) for Rule 342, dated May 1994.

EPA has evaluated the submitted rule and has determined that it is

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

SBCAPCD Rule 342, Control of NOx from Boilers, Steam Generators,

and Process Heaters is 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 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, I certify that 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. 7410 (a)(2).

The 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: September 8, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-23351 Filed 9-20-94; 8:45 am]

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