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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 217-0179; FRL-6442-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast Air Quality Management

District and Ventura County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing a revision to the California State

Implementation Plan (SIP) which controls the sulfur content of fuels

within the South Coast Air Quality Management District and the Ventura

County Air Pollution Control District.

The intended effect of proposing approval of these rules is to

regulate emissions of sulfur dioxide (SO2) in accordance

with the requirements of the Clean Air Act, as amended in 1990 (CAA or

the Act). EPA's final action on this proposed rule will incorporate

these rules into the federally approved SIP. EPA has evaluated each of

these rules and is proposing to approve them under provisions of the

CAA regarding EPA action on SIP submittals and SIPs for national

primary and secondary ambient air quality standards.

DATES: Comments must be received on or before October 22, 1999.

ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking

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

Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

Copies of the rule revisions 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 rule revisions

are also available for inspection at the following locations:

Environmental Protection Agency, Air Docket, 401 ``M'' Street, SW.,

Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

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

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

Diamond Bar, CA 91765-4182.

Ventura County APCD, 669 County Square Dr., 2nd Fl., Ventura, CA 93003-

5417.

FOR FURTHER INFORMATION CONTACT: Stanley Tong, Rulemaking Office (AIR-

4), Air Division, U.S. Environmental Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1191.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules proposed for approval into the California SIP include:

South Coast Air Quality Management District (SCAQMD) Rule 431.1, Sulfur

Content of Gaseous Fuels and Ventura County Air Pollution Control

District (VCAPCD) Rule 64, Sulfur Content of Fuels. SCAQMD Rule 431.1

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

September 29, 1998 and VCAPCD Rule 64 was submitted by CARB to EPA on

June 3, 1999.

II. Background

40 CFR 81.305 provides the attainment status designations for air

districts in California. South Coast Air Quality Management District

1 and Ventura County Air Pollution Control District are

listed as in attainment of the national ambient air quality standards

(NAAQS) for sulfur dioxide (SO2). Therefore, for purposes of

controlling SO2, these rules need only comply with the

general provisions of section 110 of the Act.

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\1\ 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.

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Sulfur dioxide is formed by the combustion of fuels containing

sulfur compounds. SCAQMD adopted Rule 431.1, Sulfur Content of Gaseous

Fuels, on June 12, 1998. On September 29, 1998, the State of California

submitted many rules for incorporation into its SIP, including SCAQMD

Rule 431.1. This rule was found to be complete on January 26, 1999

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

part 51, appendix V 2 and is being proposed for approval.

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\2\ EPA adopted completeness criteria on February 16, 1990 (55

FR 5824) 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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VCAPCD adopted Rule 64, Sulfur Content of Fuels, on April 13, 1999.

On June 3, 1999, the State of California submitted many rules for

incorporation into its SIP, including VCAPCD Rule 64. This rule was

found to be complete on June 24, 1999 pursuant to EPA's completeness

criteria that are set forth in 40 CFR part 51, appendix V and is being

proposed for approval.

The following is EPA's evaluation and proposed action for SCAQMD

Rule 431.1 and VCAPCD Rule 64.

III. EPA Evaluation and Proposed Action

In determining the approvability of an SO2 rule, EPA

must evaluate the rule for consistency with the requirements of the CAA

and EPA regulations, as found in section 110 and 40 CFR part 51

(Requirements for Preparation, Adoption, and Submittal of

Implementation Plans).

While the SCAQMD and VCAPCD are in attainment with the

SO2 NAAQS, many of the general SIP requirements regarding

enforceability, for example, are still appropriate for these rules. In

determining the approvability of these rules, EPA evaluated them in

light of the ``SO2 Guideline Document,'' EPA-452/R-94-008.

[[Page 51279]]

On October 19, 1984, EPA approved into the SIP a version of Rule

431.1, Sulfur Content of Gaseous Fuels, that had been adopted by SCAQMD

on May 6, 1983. Revisions to this rule were subsequently adopted on May

4, 1990, April 5, 1991, September 11, 1992, October 2, 1992, November

17, 1995 and June 12, 1998. All but the September 11, 1992 and October

2, 1992 revisions were submitted to EPA. While EPA can only act on the

most recently submitted version, EPA reviewed relevant materials

associated with the superseded versions that were submitted. SCAQMD

submitted Rule 431.1 includes the following significant changes from

the current SIP:

Added new sections for purpose, monitoring, reporting and

recordkeeping, and test methods.

Clarified that a person shall not burn in equipment

requiring a Permit to Operate, purchase, transfer, sell or offer for

sale any gaseous fuel containing sulfur compounds in excess of the

concentration limits specified in the rule.

Reduced the sulfur limit from 250 ppm down to 150 ppm,

averaged daily, for gaseous fuels from landfills.

Reduced the sulfur limit from 250 ppm down to 40 ppm,

averaged daily, for sewage digesters and allows an alternate limit of

40 ppm averaged monthly with a 500 ppm peak averaged over 15 minutes.

Reduced the sulfur limit from 80 ppm down to 40 ppm for

the selling of other gaseous fuel.

Reduced the sulfur limit from 800 ppm down to 40 ppm for

the burning of other gaseous fuels.

Specified averaging times for the sulfur limits.

Added an Optional Facility Compliance Plan.

Added a requirement for a continuous emission monitoring

system (CEMS) or a continuous fuel gas monitoring system (CFGMS) to

monitor sulfur content.

Added an option for landfills and sewage digesters to use

an alternative monitoring method provided the alternative method has

been approved by the District, CARB and US EPA.

Lowered the sulfur emissions ceiling from 30 pounds per

day down to 5 pounds per day for facilities to be considered exempt.

Removed exemptions for: Combined unit gases from an air

pollution control system for steam drive oil wells, (Rule 1148),

provided gases from individual well vents comply with the requirements

of the rule; gaseous fuels where gaseous combustion products are used

as raw materials for other processes; and vent gas streams, excluding

coker blowdown, which have been connected to fuel gas or vent gas

disposal systems.

EPA has evaluated SCAQMD submitted Rule 431.1 for consistency with

the CAA, EPA regulations, and EPA policy and has found that the

revisions result in a clearer, more enforceable rule. Furthermore, the

addition of more stringent limits in submitted Rule 431.1 should lead

to greater emission reductions.

EPA recommends the following improvements to the rule.

The rule specifies an SO2 averaging time of 4

hours for refineries and other gases. The averaging time should be

based on time periods consistent with the national ambient air quality

standard for sulfur dioxide.

The period of record retention specified should be

consistent with the federal record retention requirement of 5 years.

On January 15, 1999, EPA approved into the SIP (64 FR 2575) a

version of VCAPCD Rule 64, Sulfur Content of Fuels, that had been

adopted by VCAPCD on June 14, 1994. EPA's January action granted a

limited approval and limited disapproval to Rule 64 stating that while

the rule strengthened the SIP, it did not contain recordkeeping

requirements and therefore was not fully approvable. VCAPCD

subsequently amended Rule 64 to address EPA's comments and to make

other rule improvements.

VCAPCD's amended Rule 64 corrects all the deficiencies identified

in the previous limited approval (64 FR 2575). As stated in that final

action, there is no sanctions clock as VCAPCD is in attainment for

SO2.

The VCAPCD submitted Rule 64 includes the following significant

changes from the current SIP:

Deleted an obsolete limit for natural gas and deleted the

sulfur limit for solid fuels.

Exempted Public Utilities Commission regulated natural

gas, propane, butane, CARB quality reformulated gasoline and CARB

certified diesel fuel from the recordkeeping and monitoring

requirements of the rule, provided records are maintained to

substantiate the use of these fuels.

Clarified that sewage digester gases are exempt from the

rule provided any supplemental fuel used to combust the gas complies

with the rule.

Added sections on Monitoring/Recordkeeping and Violations.

Requires records to be retained for five years.

Requires annual monitoring of sulfur. Requires quarterly

monitoring if a facility is new; has not provided historical monitoring

data to the District; or if sulfur measurements of gaseous fuels at

landfills or oil fields exceed 394 ppmv.

Initial sulfur monitoring must begin within 30 days of the

effective date of the rule and new sources must begin monitoring within

30 days of initial operation.

Requires operators to either test or obtain certification

that liquid fuels meet the sulfur requirements of Rule 64 for each

liquid fuel delivery.

Allows the use of colorimetric tubes for the sulfur

content of landfill or oil field gases if levels are below 200 ppm.

Allows the use of colorimetric tubes to measure other

gaseous fuels only if written approval is obtained from the VCAPCD and

US EPA.

Allows the use of alternative test methods for analysis of

sulfur.

EPA has evaluated the submitted rules and has determined that they

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

detailed discussion of the rules can be found in the Technical Support

Document for SCAQMD Rule 431.1 and VCAPCD Rule 64 (8/23/99), which is

available from the U.S. EPA, Region IX office. Therefore, SCAPCD, Rule

431.1 and VCAPCD Rule 64 are being proposed for approval under section

110(k)(3) of the CAA as meeting the requirements of section 110(a).

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order 12866, Regulatory Planning and

Review.

B. Executive Order 12875

Under Executive Order 12875, Enhancing the Intergovernmental

Partnership, EPA may not issue a regulation that is not required by

statute and that creates a mandate upon a State, local or tribal

government, unless the Federal government provides the funds necessary

to pay the direct compliance costs incurred by those governments, or

EPA consults with those governments. If EPA complies by consulting,

Executive Order 12875 requires EPA to provide to the Office of

Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to

[[Page 51280]]

issue the regulation. In addition, Executive Order 12875 requires EPA

to develop an effective process permitting elected officials and other

representatives of State, local and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's rule does not

create a mandate on State, local or tribal governments. The rule does

not impose any enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of Executive Order 12875 do not apply to

this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under

Executive Order 12866, and (2) concerns an environmental health or

safety risk that EPA has reason to believe may have a disproportionate

effect on children. If the regulatory action meets both criteria, the

Agency must evaluate the environmental health or safety effects of the

planned rule on children, and explain why the planned regulation is

preferable to other potentially effective and reasonably feasible

alternatives considered by the Agency. This rule is not subject to

Executive Order 13045 because it is does not involve decisions intended

to mitigate environmental health or safety risks.

D. Executive Order 13084

Under Executive Order 13084, Consultation and Coordination with

Indian Tribal Governments, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.'' Today's rule

does not significantly or uniquely affect the communities of Indian

tribal governments. Accordingly, the requirements of section 3(b) of

Executive Order 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

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 small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of 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).

F. 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

annual 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 annual 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

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

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

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Ozone, Reporting and recordkeeping

requirements, Sulfur oxides.

Authority: 42 U.S.C. 7401 et seq.

Dated: September 9, 1999.

Laura Yoshii,

Acting Regional Administrator, Region IX.

[FR Doc. 99-24690 Filed 9-21-99; 8:45 am]

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