Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Mojave Desert Air Quality Management District; San Diego County Air Pollution Control District; San Joaquin Valley Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 102-14-0004a; FRL-5441-3]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Mojave Desert Air Quality

Management District; San Diego County Air Pollution Control District;

San Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve revisions to the

California State Implementation Plan (SIP). The revisions concern rules

from the Mojave Desert Air Quality Management District (MDAQMD), San

Diego County Air Pollution Control District (SDCAPCD), and San Joaquin

Valley Unified Air Pollution Control District (SJVUAPCD). The rules

control oxides of nitrogen (NOX) from gas turbines, fuel-burning

equipment, and glass manufacturing plants. This approval action will

incorporate these rules into the Federally approved SIP. The intended

effect of approving 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). The EPA is finalizing the approval of these

revisions into the California SIP under provisions of the CAA regarding

EPA action on SIP submittals, SIPs for national primary and secondary

ambient air quality standards, and plan requirements for nonattainment

areas.

DATES: This action is effective on June 10, 1996, unless adverse or

critical comments are received by May 9, 1996. If the effective date is

delayed, a timely notice will be published in the Federal Register.

ADDRESSES: Copies of the rules 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 rules are also available

for inspection at the following locations:

Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street

SW., Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

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

Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite

200, Victorville, CA 92392.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno, CA 93721.

San Diego County Air Pollution Control District, 9150 Chesapeake Drive,

San Diego, CA 92123-1096.

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Section (A-5-3),

Air and Toxics Division, U.S. Environmental Protection Agency, Region

IX, 75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415)

744-1200.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the California SIP include: MDAQMD

Rule 1159, Stationary Gas Turbines; SDCAPCD Rule 68, Fuel-Burning

Equipment--Oxides of Nitrogen; and SJVUAPCD Rule 4354, Glass Melting

Furnaces.

Background

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

the Act) 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 and provides

preliminary guidance on the requirements of section 182(f). 57 FR

55620. The NOX Supplement should be referred to for further

information on the NOX requirements and is incorporated into this

notice of direct final rulemaking 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 compound (VOC)

emissions, in moderate or above ozone nonattainment areas. The

Southeast Desert Air Basin is classified as severe, and both the San

Diego Area and the San Joaquin Valley Area are classified as serious;

1 therefore these areas were subject to section 182(f), the RACT

requirements of section 182(b)(2), and the November 15, 1992 deadline,

cited below.

\1\ The Southeast Desert Air Basin, the San Diego Area, and the

San Joaquin Valley Area retained their designations of nonattainment

and were 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). The San Diego Area was reclassified from severe

to serious on February 21, 1995. See 60 FR 3771 (January 19, 1995).

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

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

stationary sources of VOC (and NOX) emissions not covered by

either a pre-enactment or post-enactment control techniques guideline

(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 as expeditiously as

practicable, but no later than May 31, 1995.

MDAQMD Rule 1159 was adopted by MDAQMD on February 22, 1995, and

was submitted by CARB to EPA on March 31, 1995. SDCAPCD Rule 68 was

adopted on September 20, 1994, and submitted on October 19, 1994.

SJVUAPCD Rule 4354 was adopted on September 14, 1994, and submitted on

September 28, 1994. These submitted rules were found to be complete on

May 2, 1995, October 21, 1994, and October 21, 1994, respectively,

pursuant to EPA's completeness criteria that are set forth in 40 CFR

Part 51 Appendix V.2 By today's notice, EPA is taking direct final

[[Page 15720]]

action to approve these rules into the Federally approved 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).

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

MDAQMD Rule 1159 controls emissions of NOX from gas turbines.

SDCAPCD Rule 68 regulates fuel-burning equipment and SJVUAPCD Rule 4354

controls emissions from glass melting furnaces. NOX emissions

contribute to the production of ground level ozone and smog. The rules

were adopted as part of each district's efforts to achieve the National

Ambient Air Quality Standards for ozone and in response to the CAA

requirements cited above. The following section contains EPA's

evaluation and final action for these rules.

EPA Evaluation

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.

\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); and

``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. 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), which 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.

MDAQMD Rule 1159, Stationary Gas Turbines, is a new rule which

applies to non-utility stationary gas turbines of 0.3 Megawatt and

larger. Gas-fired turbines must meet an emission limit of 42 ppmv, and

oil-fired turbines must meet an emission limit of 65 ppmv. Operators

are required to install, operate, and maintain equipment to monitor

control system operating parameters, and conduct annual compliance

tests.

SDCAPCD Rule 68, Fuel-Burning Equipment--Oxides of Nitrogen,

controls NOX emissions from non-vehicular fuel-burning equipment.

Rule 68 contains the following significant changes from the current SIP

rule:

Emission limits have been added to the criteria for

exemption.

Definitions, recordkeeping requirements, and test methods

have been added.

SJVUAPCD Rule 4354, Glass Melting Furnaces, is a new rule which

controls emissions from non-electric glass melting furnaces. Container

glass and fiberglass furnaces must meet an emission limit of 5.5 lbs of

NOX per ton of glass pulled. Flat glass furnaces must meet a

production-based limit as defined by an equation included in the rule.

Annual source tests are required, and records must be kept of operation

hours, fuel used, and glass pulled.

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 each rule,

available from the U.S. EPA Region IX office.

EPA has evaluated the submitted rules and has determined that they

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

MDAQMD Rule 1159, SDCAPCD Rule 68, and SJVUAPCD Rule 4354 are being

approved 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.

EPA is publishing this notice without prior proposal because the

Agency views this as a noncontroversial action and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revisions

should adverse or critical comments be filed. This action will be

effective June 10, 1996, unless, by May 9, 1996, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective June 10, 1996.

Regulatory Process

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector or to

State, local, or tribal governments in the aggregate.

Through submission of this State implementation plan revision, the

State and any affected local or tribal governments have elected to

adopt the program provided for under part D of the Clean Air Act. These

rules may bind State, local, and tribal governments to perform certain

actions and also require the private sector to perform certain duties.

The rules being approved by this action will impose no new requirements

because affected sources are already subject to these regulations under

State law. Therefore, no additional costs to State, local, or tribal

governments or to the private sector result from this action. EPA has

also determined that this direct final action does not include a

mandate that may result in estimated costs of $100 million or more to

State, local, or tribal governments in the aggregate or to the private

sector.

[[Page 15721]]

Regulatory Flexibility Act

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. section 7410 (a)(2).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225), as revised by a July

10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air

and Radiation. The Office of Management and Budget has exempted this

regulatory action from review under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Nitrogen oxides, Ozone, Reporting and recordkeeping

requirements, Volatile organic compound.

Dated: March 6, 1996.

Felicia Marcus,

Regional Administrator.

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. 7401-7671q.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c)

(199)(i)(D)(2), (202)(i)(C)(4), and (216)(i)(A)(3) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(199) * * *

(i) * * *

(D) * * *

(2) Rule 4354, adopted on September 14, 1994.

* * * * *

(202) * * *

(i) * * *

(C) * * *

(4) Rule 68, adopted on September 20, 1994.

* * * * *

(216) * * *

(i) * * *

(A) * * *

(3) Rule 1159, adopted on February 22, 1995.

* * * * *

[FR Doc. 96-8746 Filed 4-8-96; 8:45 am]

BILLING CODE 6560-50-P