Approval and Promulgation of State Implementation Plans; California State Implementation Plan Revision; South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 022-0087a; FRL-6138-2]

Approval and Promulgation of State Implementation Plans;

California State Implementation Plan Revision; South Coast 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 a revision to the

California State Implementation Plan (SIP). The revision concerns South

Coast Air Quality Management District (SCAQMD) Rule 1135. This rule

controls oxides of nitrogen (NOX) from electric power

generating systems. This action will incorporate the rule into the

Federally approved SIP. The intended effect of approving 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).

Thus, EPA is finalizing the approval of this rule 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 October 13, 1998 without further

notice, unless EPA receives relevant adverse comments by September 10,

1998. If EPA receives such comment, then it will publish a timely

withdrawal in the Federal Register informing the public that this rule

will not take effect.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region

IX office listed below. Copies of the rule and EPA's evaluation report

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

normal business hours. Copies of the submitted rule are also available

for inspection at the following locations:

U.S. Environmental Protection Agency, Region IX, Rulemaking Office

(AIR-4), Air Division, 75 Hawthorne Street, San Francisco, CA 94105-

3901.

U.S. 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 95814.

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office

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

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

744-1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rule being approved into the California State Implementation

Plan (SIP) is South Coast Air Quality Management District (SCAQMD) Rule

1135, Emissions of Oxides of Nitrogen from Electric Power Generating

Systems, adopted by SCAQMD on July 19, 1991.

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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 emissions of oxides of nitrogen (NOX) 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 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 compound

(VOC) emissions, in moderate or above ozone nonattainment areas. The

Los Angeles-South Coast Air Basin Area is classified as

extreme;1 therefore this area was subject to section 182(f),

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

deadline, cited below. This Federal Register action for the South Coast

Air Quality Management District excludes the Los Angeles County portion

of the Southeast Desert AQMA, otherwise known as the Antelope Valley

Region in Los Angeles County, which is now under the jurisdiction of

the Antelope Valley Air Pollution Control District as of July 1,

1997.2

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\1\ The Los Angeles-South Coast Air Basin 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).

\2\ The State has recently changed the names and boundaries of

the air basins located within the Southeast Desert Modified AQMA.

Pursuant to State regulation the Coachella-San Jacinto Planning Area

is now part of the Salton Sea Air Basin (17 Cal. Code. Reg.

Sec. 60114); the Victor Valley/Barstow region in San Bernardino

County and Antelope Valley Region in Los Angeles County are parts of

the Mojave Desert Air Basin (17 Cal. Code. Reg. Sec. 60109). In

addition, in 1996 the California Legislature established a new local

air agency, the Antelope Valley Air Pollution Control District, to

have the responsibility for local air pollution planning and

measures in the Antelope Valley Region (California Health & Safety

Code Sec. 40106).

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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.

SCAQMD Rule 1135 was adopted on July 19, 1991 and submitted by the

California Air Resources Board (CARB) to EPA on January 28, 1992. This

submitted rule was found to be complete on April 3, 1992, pursuant to

EPA's completeness criteria that are set forth in 40 CFR Part 51

Appendix V.3 By today's document, EPA is taking direct final

action to approve this rule into the SIP.

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\3\ 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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SCAQMD Rule 1135 controls emissions from electric power generating

systems. NOX emissions contribute to the production of

ground level ozone and smog. The rule was adopted as part of SCAQMD'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 this rule.

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.4 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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\4\ 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).

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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 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.

There is currently no version of SCAQMD Rule 1135, Emissions of

Oxides of Nitrogen from Electric Power Generating Systems, in the SIP.

The submitted rule regulates utility boilers by specifying

NOX emission limits in pounds of NOX per net

megawatt hour of electricity produced. This rule requires the use of a

continuous emissions monitoring system, and requires an approved

compliance plan.

A more detailed discussion of the sources controlled,5

the controls required, and the justification for why these controls

represent RACT can be found in the Technical Support Document (TSD),

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

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\5\ SCAQMD Rule 1135 will apply to sources which are not covered

in the SCAQMD NOX RECLAIM program.

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

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

SCAQMD Rule 1135 is 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

[[Page 42723]]

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 action and anticipates no

adverse comments. However, in the Proposed Rules section of this

Federal Register publication, the EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This action will be effective

October 13, 1998, without further notice unless the Agency receives

relevant adverse comments by September 10, 1998.

If EPA receives such comments, then EPA will publish a document

withdrawing this direct final rule and informing the public that this

rule will not take effect. All public comments received will then be

addressed in a subsequent final rule based on the 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 on October 13, 1998 and no further action will

be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget has exempted this regulatory

action from Executive Order (E.O.) 12866 review.

This final rule is not subject to E.O. 13045, entitled ``Protection

of Children from Environmental Health Risks and Safety Risks,'' because

it is not an ``economically significant'' action under E.O. 12866.

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 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 the

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

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the 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 October 13, 1998. 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: July 28, 1998.

Sally Seymour,

Acting Regional Administrator, Region IX.

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 et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraph (c) (187)(i)(C)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(187) * * *

(i) * * *

(C) * * *

(2) Rule 1135, adopted on July 19, 1991.

* * * * *

[FR Doc. 98-21351 Filed 8-10-98; 8:45 am]

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