Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; San Joaquin Valley Unified Air Pollution Control District, Sacramento Metropolitan Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 164-0112a; FRL-6227-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; San Joaquin Valley Unified Air

Pollution Control District, Sacramento Metropolitan 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 San Joaquin Valley Unified Air Pollution Control District

(SJVUAPCD) and the Sacramento Metropolitan Air Management Control

District (SMAQMD). SJVUAPCD's Rule 4352 controls oxides of nitrogen

(NOX) emissions from solid fuel fired boilers, steam

generators and process heaters. SMAQMD's Rule 413 control

NOX emissions from stationary gas turbines operations. This

action will 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 rule is effective on April 12, 1999 without further notice,

unless EPA receives adverse comments by March 15, 1999. If EPA receives

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 rules and EPA's evaluation

report of each rule are available for public inspection at EPA's Region

IX 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 95814.

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno, CA 93721.

Sacramento Metropolitan Air Quality Management District, 8411 Jackson

Road, Sacramento, CA 95826.

FOR FURTHER INFORMATION CONTACT: Max. A. Fantillo Jr, Rulemaking Office

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

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

744-1183.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP include:

SJVUAPCD's Rule 4352, Solid Fuel Fired Boilers, Steam Generators and

Process Heaters, and SMAQMD's Rule 413, Stationary Gas Turbines. The

SJVUAPCD rule was submitted by the California Air Resources Board

(CARB) to EPA on March 26, 1996 and the SMAQMD rule was submitted on

May 18, 1998.

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 and

provides guidance on 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

San Joaquin Valley Area is classified as serious; the Sacramento Metro

Area is classified as severe; 1 therefore these areas were

subject to the RACT requirements of section 182(b)(2), cited below and

the November 15, 1992 deadline.

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\1\ San Joaquin Valley 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). The Sacramento Metro Area was

reclassified from serious to severe on June 1, 1995. See 60 FR 20237

(April 25, 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 not later than May 31,

1995.

The State of California submitted many revised RACT rules for

incorporation into its SIP on March 26, 1996 and May 18, 1998,

including the rules being acted on in this document. This document

addresses EPA's direct-final action for SJVUAPCD Rule 4352, Solid Fuel

Fired Boilers, Steam Generators and Process Heaters, and SMAQMD Rule

413, Stationary Gas Turbines. SJVUAPCD adopted Rule 4352 on October 19,

1995 and SMAQMD adopted Rule 413 on May 1, 1997. These submitted rules

were found to be complete on May 5, 1996 and July 17, 1998 pursuant to

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

Appendix V 2 and are being finalized for approval into the

SIP. By today's document, EPA is taking direct final action to approve

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. SJVUAPCD's Rule 4352 controls emissions of

NOX from solid fuel fired boilers, steam generators and

process heaters and SMAQMD's 413 controls emissions of NOX

from stationary gas turbine operations. The rules were adopted as part

of SJVUAPCD's and SMAQMD's efforts to achieve the National Ambient Air

Quality Standards (NAAQS) for ozone and in response to the CAA

requirements cited above. The

[[Page 6804]]

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 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 has issued

alternative control technique documents (ACTs), that identify

alternative controls for all categories of stationary sources of

NOX. The ACT documents 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 do

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.

Rule 4352 limits emissions of oxides of nitrogen (NOX)

and carbon monoxide (CO) from solid fuel fired boilers, steam

generators, and process heaters within the San Joaquin Valley Area.

The SIP version of Rule 4352 has emission limits that was

previously determined to meet the reasonably available control

technology (RACT) requirements. The rule also has enforceability

elements such as applicability, definitions, recordkeeping, test

methods, and compliance schedule.

Rule 4352 was revised to allow the use of CARB Method 100, an

alternative test method, to provide flexibility to owners/operators and

simplify the compliance determination. This alternative test method may

be used for measuring NOX and CO emissions, and for

measuring the stack gas oxygen. CARB Method 100 has been approved by

EPA.

Rule 413 limits NOX emissions from stationary gas

turbines with ratings equal or greater than 0.3 megawatt (MW) within

the SMAQMD area.

The current version of Rule 413 has provisions for emission limits

that meets the California Air Resources Board (CARB) reasonably

available control technology and best available retrofit control

technology (RACT/BARCT) emission limits for gas turbines. The rule also

has enforceability elements such as applicability, definitions,

monitoring, recordkeeping, test methods, and compliance schedules. All

these elements are already in the SIP approved version of the rule.

Rule 413 is being revised to change and improve clarity to some

provisions in the rule. Specifically, the changes are the following:

(1) exempts emergency standby units from the requirement to install

continuous emission monitoring systems (CEM); instead, these units will

install meters to record the time they operate; (2) exempt units

removed from service by May 31, 1997 from the requirement to install

CEMs; (3) identifies clearly exempted emergency standby units according

to the type of emergency and established limits for the total hours of

operation allowed per year for each unit.

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 Documents (TSDs) for SJVUAPCD's

Rule 4352 and SMAQMD's Rule 413, dated January 20, 1999.

EPA has evaluated the submitted rules and has determined that they

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

Therefore, SJVUAPCD's Rule 4352, Solid Fuel Fired Boiler, Steam

Generators and Process Heaters, and SMAQMD's Rule 413, Stationary Gas

Turbines 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 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 SIP revision should adverse

comments be filed. This rule will be effective April 12, 1999 without

further notice unless the agency receives adverse comments by March 15,

1999.

If the EPA receives 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 commenting on this rule should do so at this

time. If no such comments are received, the public is advised that this

action will be effective April 12, 1999 and no further action will be

taken on the proposed rule.

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, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, 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. If the mandate is unfunded, EPA must 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

[[Page 6805]]

governments, the nature of their concerns, copies of 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 does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects 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. If the mandate is unfunded,

EPA must 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 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. This action does not involve

or impose any requirements that affect Indian Tribes. 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 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.

G. Submission to Congress and the Comptroller General

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).

H. 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 April 12, 1999. 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.

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Dated: January 14, 1999.

Felicia Marcus,

Regional Administrator, Region 9.

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 paragraphs (c)(230)(i)(D)(1)

and (255)(i)(A)(4) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(230) * * *

(i) * * *

(D) San Joaquin Valley Unified Air Pollution Control District.

(1) Rule 4352, amended on October 19, 1995.

* * * * *

(255) * * *

(i) * * *

(A) * * *

(4) Rule 413, amended May 1, 1997.

* * * * *

[FR Doc. 99-3143 Filed 2-10-99; 8:45 am]

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