Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; San Diego County Air Pollution Control District; Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA105-0037a; FRL-5842-6]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; San Diego County Air Pollution

Control District; Yolo-Solano Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

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

from the following Districts: San Diego County Air Pollution Control

District (SDCAPCD), and Yolo-Solano Air Quality Management District

(YSAQMD). These revisions concern the control of oxides of nitrogen

(NOX) from stationary gas turbine engines, industrial,

institutional, and commercial boilers, steam generators, and process

heaters. This approval action will

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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). 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 August 18, 1997 unless adverse or

critical comments are received by July 17, 1997. If the effective date

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

ADDRESSES: Comments must be submitted to Amy Beckberger at the Region

IV office listed below. Copies of the rules 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 rules are

also available for inspection at the following locations:

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

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

S.W., Washington, D.C. 20460.

California Air Resources Board, Stationary Source Division, Rule

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

San Diego County Air Pollution Control District 9150 Chesapeake Drive,

San Diego, CA 92123-1096.

Yolo-Solano Air Quality Management District 1947 Galileo Court, Suite

103 Davis, CA 95616.

FOR FURTHER INFORMATION CONTACT: Amy Beckberger, Rulemaking Office

(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,

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

744-1191.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP include: SDCAPCD's

Rule 69.3, Stationary Gas Turbine Engines; and YSAQMD's Rule 2.27,

Industrial, Institutional, and Commercial Boilers, Steam Generators,

and Process Heaters. These rules were submitted by the California Air

Resources Board (CARB) to EPA on October 19, 1994 (Rule 69.3), and

October 18, 1996 (Rule 2.27).

II. 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 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, NOX

Supplement 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 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

San Diego Area is classified as a serious nonattainment area for ozone,

and the Sacramento Metro Area, in which the YSAQMD is located, is

classified as a serious nonattainment area for ozone. 1

Therefore, these areas are subject to the RACT requirements of section

182(b)(2), cited below, and the November 15, 1992 deadline.

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\1\ The San Diego Area and the Sacramento Metro 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 56 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).

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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 techniques 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 as expeditiously as practicable, but no later than May 31,

1995.

On October 19, 1994, the State of California submitted to EPA

SDCAPCD's Rule 69.3, Stationary Gas Turbine Engines, which was adopted

by SDCAPCD on September 27, 1994. On October 18, 1996, the State of

California submitted to EPA YSAQMD's Rule 2.27, Industrial,

Institutional, and Commercial Boilers, Steam Generators, and Process

Heaters, which was revised by YSAQMD on August 14, 1996. On October 21,

1994 (Rule 69.3), and December 19, 1996 (Rule 2.27) these submitted

rules were found to be complete pursuant to EPA's completeness criteria

that are set forth in 40 CFR part 51, appendix V.2 In

today's document, EPA is taking direct final action to approve these

submittals. This final action will incorporate these rules into the

Federally approved 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 two rules control emissions of NOX

from various industrial, institutional, and commercial sources. The

rules were adopted as part of SDCAPCD's and YSAQMD'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 final action for these rules.

III. EPA Evaluation and 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

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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 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.

There is currently no version of SDCAPCD's Rule 69.3, Stationary

Gas Turbine Engines, in the SIP. Rule 69.3 applies to any existing or

new stationary gas turbine with a power rating greater than or equal to

1.0 megawatt (MW) or 0.3 MW, respectively. CARB has published a RACT/

BARCT guidance document for gas turbines entitled, ``Determination of

Reasonably Available Control Technology and Best Available Retrofit

Control Technology for the Control of Oxides of Nitrogen from

Stationary Gas Turbines'' (May 18, 1992). The guidance document defines

RACT as an emission limit of 42 ppmv at 15% O2 for gas-fired

units and an emission limit of 65 ppmv at 15% O2 for oil-

fired units. The SDCAPCD's Rule 69.3 incorporates the RACT limits for

gas turbines and is consistent with all of the guideline's other

requirements. The rule contains adequate recordkeeping requirements,

and the appropriate test methods for compliance determinations are

referenced. The exemptions provided in the rule are consistent with EPA

guidelines. The rule required final compliance by May 31, 1995. 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 69.3, dated

April 3, 1997.

There is currently no version of YSAQMD's Rule 2.27, Industrial,

Institutional, and Commercial Boilers, Steam Generators, and Process

Heaters, in the SIP. Rule 2.27 regulates NOX emissions from

boilers, steam generators, and process heaters with rated heat inputs

greater than or equal to 5 million BTU per hour. CARB has developed a

RACT/BARCT guidance document entitled, ``Determination of Reasonably

Available Control Technology and Best Available Retrofit Control

Technology for Industrial, Institutional, and Commercial Boilers, Steam

Generators, and Process Heaters.'' (July 18, 1991). The RACT limits

specified in CARB's guidance document are 70 ppm or 0.084 lb/MMBtu of

heat input and 115 ppm or 0.150 lb/MMBtu of heat input for units fired

with gaseous and nongaseous fuels. Rule 2.27's emission limits of 30

ppm for gas-fired and 40 ppm for nongaseous-fired units are

representative of CARB's BARCT limits, thereby meeting the CAA

requirements for RACT. The May 31, 1995 implementation requirements are

fulfilled by requiring that BARCT be implemented by June 1, 1998, and

that interim measures, including submission of compliance plans and

application for authority to construct, be met to ensure final

compliance with the rule. The rule meets EPA's RACT requirements, and

the exemptions provided in the rule are consistent with EPA guidelines.

The rule contains adequate recordkeeping requirements, and references

the appropriate test methods for determining compliance. 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 2.27, dated

April 3, 1997.

EPA has evaluated the submitted rules and has determined that they

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

SDCAPCD's Rule 69.3, Stationary Gas Turbine Engines; and YSAQMD's Rule

2.27, Industrial, institutional, and Commercial Boilers, Steam

Generators, and Process Heaters 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 document without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

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

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

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

effective August 18, 1997, unless, by July 17, 1997, 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 document 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 August 18, 1997.

IV. Administrative Requirements

A. Executive Order 12866

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

by the Regional Administrator under the 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 (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. 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 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

Clean Air Act 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, the

Administrator certifies that it does not have a significant impact on

any small entities affected. Moreover, due to the nature of the

Federal-State relationship under the CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of State action. The Clean Air Act forbids EPA to base

its

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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).

C. Unfunded Mandates

Under Section 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

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 approval 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

Federal requirements. Accordingly, no additional costs to State, local,

or tribal governments, or to the private sector, result from this

action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. 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 18, 1997. 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, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and recordkeeping requirements, Volatile

organic compound.

Note: Incorporation by reference of the State Implementation

Plan for the State of California was approved by the director of the

Federal Register on July 1, 1982.

Dated: June 4, 1997.

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)(202)(i)(C)(6)

and (241)(i)(B) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(202) * * *

(i) * * *

(C) * * *

(6) Rule 69.3, adopted on September 27, 1994.

* * * * *

(241) * * *

(i) * * *

(B) Yolo-Solano Air Quality Management District.

(1) Rule 2.27, revised on August 14, 1996.

[FR Doc. 97-15846 Filed 6-16-97; 8:45 am]

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