Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 102-0091a; FRL-6150-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; 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 a revision to the

California State Implementation Plan (SIP). The revision concerns Yolo-

Solano Air Quality Management District's (YSAQMD) Rule 2.34. This rule

controls oxides of nitrogen (NOX) from stationary gas

turbines. 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). 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 direct final rule is effective on November 2, 1998. without

further notice, unless EPA receives adverse comments by October 5,

1998. If EPA received such comments, then it will publish a timely

withdrawal in the Federal Register informing the public that this rule

will not take effect.

ADDRESSES: Written 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:

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.

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

103, Davis, CA 95616.

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 SIP includes YSAQMD's,

Rule 2.34, Stationary Gas Turbines. This rule was submitted by the

California Air Resources Board (CARB) to EPA on September 28, 1994.

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 rule 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, proposed rule

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

Sacramento Metro Area in which the YSAQMD is located, is classified as

serious;1 therefore this area was subject to the RACT

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

1992 deadline.

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\1\ Sacramento Metro 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 56 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 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 September 28, 1994, the State of California submitted to EPA

YSAQMD's Rule 2.34, Stationary Gas Turbines, which was adopted by

YSAQMD on July 13, 1994. This submitted rule was found to be complete

on October 21, 1994 pursuant to EPA's completeness criteria that are

set forth in 40 CFR Part 51 Appendix V 2 and is being

finalized for approval into the SIP. By today's document, EPA is taking

direct final action to approve this submittal. This final action will

incorporate this rule 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

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smog. YSAQMD's Rule 2.34 controls emissions of NOX from

stationary gas turbines. The rule was adopted as part of 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 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.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 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 YSAQMD's Rule 2.34, Stationary Gas

Turbines in the SIP. Rule 2.34 applies to all stationary gas turbines

with a power rating equal to or greater than 0.3 megawatt (MW).

The CARB, after reviewing statewide control measures and several

district rules, developed a RACT and BARCT guidance document entitled,

``Determination of Reasonably Available Control Technology and Best

Available Retrofit Control Technology for the Control of Oxides of

Nitrogen from Stationary Gas Turbines'' (RACT/BARCT determination).

CARB's RACT/BARCT determination specified RACT limits of 42 ppmv

(gas-fired) and 65 ppmv (oil-fired) for units rated equal to 0.3 MW and

greater. These limits are also specified as BARCT limits for units

equal to 0.3 MW and less than 2.9 MW, and units that are greater than

or equal to 4 MW and operating less than 877 hours per year. For units

equal to 2.9 and less than 10 MW, the BARCT limits are 25 ppmv (gas-

fired) and 65 ppmv (oil-fired). For units greater than or equal to 10

MW with SCR, the BARCT limits are 9 ppmv (gas-fired) and 25 ppmv (oil-

fired); those without SCR are 15 ppmv (gas-fired) and 42 ppmv (oil-

fired). The BARCT limits are corrected to 15 percent oxygen on a dry

basis and to turbine efficiency except those 42 ppmv (gas-fired) and 65

ppmv (oil-fired) limits and oil-fired units equal to 0.3 and less than

10 MW. The emission limits in CARB's RACT/BARCT determination are

generally comparable to those specified in the NOX

Supplement for electric utility boilers.

Rule 2.34 incorporates CARB's BARCT limits for gas turbines which

are more stringent than RACT limits. The rule contains adequate

recordkeeping requirements, and the appropriate test methods for

compliance determination are referenced. The rule is consistent with

all the guidance's other requirements. The exemptions provided in the

rule are consistent with EPA guidelines. Therefore, Rule 2.34 meets the

federal RACT By meeting the above requirements.

In evaluating the rule, EPA must determine whether the requirement

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

such that final compliance is not required until July 13, 1998. Under

certain circumstances, the determination of what constitutes RACT could

include consideration of advanced control technologies, i.e.,

California's requirement for BARCT. In this case 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 such as BARCT be met

after May 1995.

Rule 2.34 meets EPA's RACT guidance for emission limits and

milestone towards final compliance by requiring that BARCT be

implemented by July 13, 1998, and that interim measures including a

compliance plan, an application for authority to construct, and start

and completion of construction be met to ensure progress toward

compliance with the final emission limits of the rule. 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 2.34, dated July 31, 1998.

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

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

YSAQMD's Rule 2.34, Stationary Gas Turbines 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 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 rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

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

adverse comments be filed. This rule will be effective November 2, 1998

without further notice unless the Agency receives adverse comments by

October 5, 1998.

If the EPA received such comments, then EPA will publish a timely

withdrawal of the direct final rule informing the public that the 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 rule. Any

parties interested in

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commenting on this rule should do so at this time. If no such comments

are received, the public is advised that this rule will be effective on

November 2, 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 (OMB) has exempted this

regulatory action from 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

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 November 2, 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: August 13, 1998.

Laura Yoshi,

Deputy 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)(199)(i)(E)(1)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(199) * * *

(i) * * *

(E) Yolo-Solano Air Quality Management District

(1) Rule 2.34, adopted on July 13, 1994

* * * * *

[FR Doc. 98-23500 Filed 9-2-98; 8:45 am]

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