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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-2-6329; FRL-5112-4]

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).

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

Implementation Plan (SIP) for ozone. These revisions concern the

control of oxides of nitrogen (NOX) from boilers, steam

generators, and process heaters. The intended effect of proposing

approval of this rule is to regulate emissions of oxides of nitrogen

(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 December 28, 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. Please

refer to document number CA 71-2-6329 in all correspondence.

Copies of the rule revisions and EPA's evaluation report of the

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:

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

Ventura County Air Pollution Control District, 800 South Victoria

Avenue, Ventura, CA 93009.

FOR FURTHER INFORMATION CONTACT:

Duane F. James, Rulemaking Section (A-5-3), Air and Toxics Division,

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

San Francisco, CA 94105, telephone: (415) 744-1191.

SUPPLEMENTARY INFORMATION:

Applicability

The rule being proposed for approval into the California SIP is

Ventura County Air Pollution Control District's (VCAPCD) Rule 74.15.1,

``Boilers, Steam Generators, and Process Heaters.'' This rule was

submitted by the California Air Resources Board (ARB) to EPA on

November 18, 1993.

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, notice should be referred to for further information

on the NOX requirements and is incorporated into this proposal 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 section 182(c), (d), and (e)) as are applied

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

moderate or above ozone nonattainment areas. The Ventura County Area is

classified as severe;1 therefore this area was subject to the RACT

requirements of section 182(b)(2), cited above, and the November 15,

1992 deadline.

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\1\The Ventura County Area retained its designation of

nonattainment and was 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

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.

The State of California submitted the rule being acted on in this

document on November 18, 1993. This document addresses EPA's proposed

action for VCAPCD's Rule 74.15.1, ``Boilers, Steam Generators, and

Process Heaters.'' VCAPCD adopted Rule 74.15.1 on May 11, 1993. The

submitted rule was found to be complete on December 23, 1993, pursuant

of EPA's completeness criteria that are set forth in 40 CFR part 51,

appendix V,2 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. The rule was adopted as part of VCAPCD'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 this rule.

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 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 74.15.1 limits the discharge of NOX from boilers, steam

generators, and process heaters (ICIs) to 30 parts per million volume

(ppmv) or 0.036 pounds per million Btu (lb/MMBtu). Rule 74.15.1

effectively increases the stringency of California RACT for ICIs by

lowering the de minimis from 5 MMBtu/hr to 1 MMBtu/hr and decreasing

the emission standard from 70 ppmv to 30 ppmv. The rule's compliance

date of May 31, 1995, satisfies the CAA's NOX RACT implementation

date requirement of May 31, 1995 (section 182(b)(2)). The District

expects this rule to provide a 71% reduction in NOX emissions from

the units subject to this rule. This reduction corresponds to 0.189

tons per day based on the District's inventory. 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), dated March 3, 1994.

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

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

VCAPCD's Rule 74.15.1, ``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), section

182(b)(2), section 182(f) and the NOX Supplement to the General

Preamble.

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 Flexibility

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 Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements, Volatile organic compounds.

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

Dated: November 14, 1994.

John Wise,

Acting Regional Administrator.

[FR Doc. 94-29155 Filed 11-25-94; 8:45 am]

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