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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0183; FRL-6459-6]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a revision to the California State

Implementation Plan (SIP) originally proposed for a limited approval

and limited disapproval in the Federal Register, 64 FR 13375, on March

18, 1999. The revision concerns a rule from the South Coast Air Quality

Management District (SCAQMD). The rule controls emissions of oxides of

nitrogen from stationary gas turbines. The intended effect of proposing

approval of this rule is to regulate emissions of oxides of nitrogen

(NOX) in

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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 this rule into the Federally approved SIP. EPA has

evaluated this rule and is proposing to approve it under provisions of

the CAA regarding EPA actions on SIP submittals, SIPs for national

primary and secondary ambient air quality standards (NAAQS), and plan

requirements for nonattainment areas.

DATES: Comments on this proposed action must be received in writing on

or before November 17, 1999.

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

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

Region 9, 75 Hawthorne Street, San Francisco, CA 94105-3901.

Copies of the rule revision and the administrative record for a

previous EPA proposed action for this rule are available for public

inspection at EPA's Region IX office during normal business hours.

Copies of the submitted rule revisions are 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

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

Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Ed Addison, Rulemaking Office, AIR-4,

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

Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1160.

SUPPLEMENTARY INFORMATION:

I. Applicability

This Federal Register action for the SCAQMD excludes the Los

Angeles County portion of the Southeast Desert Air Quality Management

District, 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. The rule being proposed

for approval into the California SIP is SCAQMD, Rule 1134, Emissions of

Oxides of Nitrogen from Stationary Gas Turbines. This rule was

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

10, 1998.

II. Background

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

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 and

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

The November 25, 1992, action 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 sections 182 (c), (d), and

(e)) as are applied to major stationary sources of volatile organic

compounds (VOCs), in moderate or above ozone nonattainment areas.

SCAQMD is classified as extreme 1; therefore this area is

subject to the RACT requirements of section 182(b)(2) and the November

15, 1992 deadline cited below.

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\1\ SCAQMD retained it's designation of nonattainment and was

classified by operation of law pursuant to 107(d) and 181(a) upon

the date of enactment of the CAA. See 55 FR 56694 (November 6,

1991).

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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 a pre-enactment control technologies 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.

This document addresses EPA's proposed action for South Coast Air

Quality Management District (SCAQMD) Rule 1134, Emissions of Oxides of

Nitrogen from Stationary Gas Turbines Engines, adopted by the SCAQMD on

August 8, 1997. The State of California submitted this Rule 1134 to EPA

on March 10, 1998. The rule was found to be complete on May 21, 1998,

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

Part 51, Appendix V 2 and is being proposed for approval

into the 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. This rule was submitted in response to EPA's 1988

SIP-Call and the CAA section 110(a)(2)(A) requirement that plans which

are submitted to the EPA in order to achieve the National Ambient Air

Quality Standards (NAAQS) contain enforceable emission limitations. A

detailed discussion of the background for this rule and nonattainment

area is provided in the proposed rulemaking cited above.

EPA has evaluated the above rule for consistency with the

requirements of the CAA and EPA regulations and EPA interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the proposed rulemaking cited above. EPA has

found that the rule meets the applicable EPA requirements. The rule is

enforceable and strengthens the applicable SIP. However, as noted in

the proposed rulemaking cited above, it represents a relaxation of the

existing SIP. On March 18, 1999, in 64 FR 13375, EPA proposed limited

approval and limited disapproval of SCAQMD Rule 1134, Emissions of

Oxides of Nitrogen from Stationary Gas Turbines into the California

SIP. A detailed discussion of the rule provisions and evaluation has

been provided in 64 FR 13375 and in a technical support document (TSD)

dated February 11, 1999 available at EPA's Region IX office.

III. EPA Evaluation and Proposed 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 today's action, appears in the NOX

Supplement (57 FR 55620) and various other EPA policy guidance

documents.\3\ Among those

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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 Deviation,

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. In the NOX Supplement,

EPA provides preliminary 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.

The California Air Resources Board (CARB) developed a 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. EPA has

used CARB's guidance document, dated May 18, 1992, in evaluating Rule

1134 for consistency with the CAA's RACT requirements.

There is currently a November 1, 1996 version of South Coast Air

Quality Management District (SCAQMD) Rule 1134, Emissions of Oxides of

Nitrogen from Stationary Gas Turbines included in the SIP. The

submitted rule includes the following provisions:

General provisions including applicability, exemptions,

and definitions.

Exhaust emissions standards for oxides of nitrogen

(NOX) and carbon monoxide (CO).

Administrative and monitoring requirements including

compliance schedule, reporting requirements, monitoring and record

keeping, and test methods.

Rules submitted to EPA for approval as revisions to the SIP must be

fully enforceable, must maintain or strengthen the SIP and must conform

with EPA policy in order to be approved by EPA. When reviewing rules

for SIP approvability, EPA evaluates enforceability elements such as

test methods, record keeping, and compliance testing in addition to

RACT guidance regarding emission limits. Rule 1134 strengthens the SIP

through the addition of enforceable measures such as record keeping,

test methods, and definitions.

EPA has evaluated South Coast Air Quality Management District Rule

1134 for consistency with the CAA, EPA regulations, and EPA policy and

has found that the revisions address and correct many deficiencies

previously identified by EPA. These corrected deficiencies have

resulted in a clearer, more enforceable rule.

In evaluating the rule, EPA must also determine whether the section

182(b) requirement for RACT implementation by May 31, 1995 is met.

Under certain circumstances, the determination of what constitutes RACT

can include consideration of advanced control technologies such as CARB

BARCT requirements. As Rule 1134 requires all units to comply by

December 31, 1995, EPA considers the May 31, 1995 deadline to have been

met. EPA has further found that the amendment to Rule 1134 conforms

with the CARB Determination of Reasonably Available Control Technology

(RACT) and Best Available Retrofit Control Technology (BARCT) for

Control of Oxides of Nitrogen from Stationary Gas Turbines dated May

18, 1992, and is therefore consistent with the CAA's RACT requirement.

EPA has evaluated South Coast Air Quality Management District Rule

1134 for consistency with the CAA, EPA regulations, and EPA policy and

has found that although most of the modifications to SCAQMD Rule 1134

will strengthen the SIP, one modification relaxes the SIP.

Section (c)(1) of the rule raises the emission limit for one

facility at Carson from 9 ppmv to 25 ppmv NOX. The

District has stated that no viable alternatives are evident that

will enable this unit to achieve the existing Rule 1134 emission

limit. The District estimated that this relaxation will result in

increased emissions of approximately 46 tons per year of

NOX.

On March 18, 1999, in 64 FR 13375, EPA proposed a limited approval

and limited disapproval of SCAQMD Rule 1134, because the district had

failed to demonstrate that this relaxation complies with Section 110(l)

of the Act.

A more detailed discussion of the basis for EPA's proposed action

can be found in the Technical Support Document (TSD), dated February

11, 1999, which is available from the U.S. EPA, Region IX office.

EPA provided for a 30-day public comment period in 64 FR 13375 and

a 30 day extension in 64 FR 24988. EPA received comments on the

proposed rulemaking prior to the closing of the second comment period,

from the County Sanitation District of Los Angeles County, South Coast

Air Quality Management District, Sempra Energy, and Solar Turbines,

Incorporated.

The County Sanitation District of L.A., submitted comments stated

that they operate the sole facility, at Carson, CA, affected by the

relaxation and that EPA's information was lacking many of the details

of the effort that was conducted at this facility in an attempt to

achieve the 9 ppmv NOX emission level contained in the

original Rule 1134. The Sanitation District asserted that the

NOX limits are not technologically feasible and they would

forward the chronology of the activities undertaken involving this

issue.

Commenter Solar Turbines, Incorporated, confirmed that low

NOX combustion controls are not as yet available from any

supplier for use on low Btu digester gas.

They stated that improvement of the selective catalytic reduction

(SCR) unit performance, which now only provides 20 percent

NOX reduction, is not technically feasible due to the

ongoing siloxane poisoning of the SCR catalyst. The proposed amendment

emissions limit of 25 ppmv NOX is being achieved primarily

via water injection.

The Sanitation District commenter suggested that EPA approve the

revisions to Rule 1134 as all reasonable approaches have been tried and

found technologically infeasible to achieve 9 ppmv NOX

emission level.

The Sanitation District supplied a summary of the chronological

detail on all of the NOX control related activities at the

LACSD turbine facility and SCAQMD submitted comments in response to the

CAA 110(l) requirement for achieving emission reductions, stating that

the NOX levels do not interfere with attainment, reasonable

further progress, or other requirement of the Clean Air Act, as

specified by section 110(l).

EPA reviewed all the material submitted during the comment period

and agrees that LACSD has investigated

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the currently available RACT approaches to lower the NOX

emissions from the LACSD facility. We understand that the limitation on

the SCR performance is the lack of a method for removing silicon

compounds from the digester gas. Such removal may or may not be

possible in the future. Water scrubbing does not appear to be effective

for removing siloxanes. However, similar units have had preliminary

success using carbon bed filtration of the digester gas. SCAQMD and the

affected source should continue investigating various siloxane removal

methods, and SCAQMD should revise the rule when one is found.

Proposed Action

EPA is proposing action to approve the above rule for inclusion

into the California SIP. EPA is approving the submittal under section

110(k)(3) as meeting the requirements of section 110(a) and Part D of

the CAA and in light of EPA's authority pursuant to section 301(a) to

adopt regulations necessary to further air quality by strengthening the

SIP. This approval action will incorporate this 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

CAA.

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.

IV. Administrative Requirements

A. Executive Order 12866

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

regulatory action from Executive Order (E.O.) 12866, Regulatory

Planning and Review.

B. Executive Order 12875

Under E.O. 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, E.O. 12875 requires

EPA to provide to the OMB 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 issue the regulation. In addition, E.O. 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 E.O. 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 E.O.

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 E.O. 13045 because it is

does not involve decisions intended to mitigate environmental health or

safety risks.

D. Executive Order 13084

Under E.O. 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, E.O. 13084 requires EPA to

provide to the OMB, 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, E.O. 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

E.O. 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

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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,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

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: September 24, 1999.

Laura Yoshii,

Deputy, Regional Administrator, Region IX.

[FR Doc. 99-27141 Filed 10-15-99; 8:45 am]

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