Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision; Mojave Desert Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0106a; FRL-6211-1]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision; Mojave Desert 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 for

approval of Mojave Desert Air Quality Management District's (MDAQMD)

Rules 474, 475, and 476 and recision of MDAQMD Rule 68. These rules

control oxides of nitrogen (NOX) from fuel burning

equipment, electric power generating equipment, and steam generating

equipment. This action will replace the current version of three rules

now in the SIP and remove one rule from the 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 rules

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: These rules are effective on March 12, 1999 without further

notice, unless EPA receives adverse comments by February 10, 1999. 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 rules and EPA's evaluation

report for 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, SW., Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

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

[[Page 1518]]

Mojave Desert Air Quality Management District, 15428 Civic Drive,

Suite 200, Victorville, CA 92392-2383.

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 rules being approved into the California SIP include: MDAQMD's

Rule 474, Fuel Burning Equipment; Rule 475, Electric Power Generating

Equipment; and Rule 476, Steam Generating Equipment. The rule being

removed from the SIP is MDAQMD's Rule 68, Fuel Burning Equipment--Oxide

of Nitrogen. These rules were 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 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

Southeast Desert Air Basin managed by MDAQMD is classified as severe;

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\ The Southeast Desert Air Basin 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 March 10, 1998, the State of California submitted to EPA

MDAQMD's Rule 474, Fuel Burning Equipment; Rule 475, Electric Power

Generating Equipment; and Rule 476, Steam Generating Equipment; which

were adopted by MDAQMD on August 25, 1998. These submitted rules were

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 are being finalized for approval into the SIP. This document also

addresses the State of California's request that Rule 68, Fuel Burning

Equipment--Oxides of Nitrogen be removed from the SIP. By today's

document, EPA is taking direct final action to approve this submittal.

This final action will replace the existing versions of Rules 474, 475,

and 476 in the SIP and remove Rule 68 from 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. MDAQMD's Rules 474, 475, and 476 control

emissions of NOX from fuel burning equipment, electric power

generating equipment, and steam generating equipment. These rules were

adopted as part of MDAQMD'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.

Rule 474 limits NOX emissions from non-mobile, fuel

burning equipment. The rule applies to new and existing equipment with

a heat input rate (HIR) of more than 1,775 million Btu per hour (MMBtu/

hr). Equipment burning gaseous fuel must meet a NOX emission

limit of 125 parts per million (ppm) by volume, and equipment burning

liquid or solid fuel must meet an emission limit of 225 ppm. All

emission concentrations are corrected to 3.00 percent by volume stack-

gas oxygen on dry basis.

The current SIP approved version of Rule 474 applies to any non-

mobile fuel

[[Page 1519]]

burning equipment and specifies NOX emission limits based on

HIR in million British Thermal Unit per hour (MMBtu/hr) as follows: (1)

equipment with HIR of 555 or more but less than 1786 MMBtu/hr, the

emission limits are set at 300 ppm (gas-fired) and 400 ppm (liquid/

solid fuel-fired); (2) equipment with HIR of 1786 or more but less than

2143 MMBtu/hr, the emission limits are set at 225 ppm (gas-fired) and

325 ppm (liquid/solid fuel-fired); and (3) equipment with HIR of 2143

MMBtu/hr or more are set at 125 ppm (gas-fired) and 225 ppm (liquid/

solid fuel-fired).

The submitted version of Rule 474 specifies NOX emission

limits at 125 ppm 0.15 lbs/MMBtu (heat input rate basis)

for gas-fired and 225 ppm 0.28 lbs/MMBtu for liquid-fired

or solid fuel-fired. These emission limits are within the emission

limit ranges (0.20 to 0.50 lbs/MMBtu) specified by EPA for utility

boilers and which were previously determined to meet RACT requirements.

Further, the rule emission limits are the same emission limits in Rule

68 which apply to equipment with an HIR over 1775 MMBtu/hr.

Other provisions of Rule 474 have also changed since the SIP

revision in 1978. MDAQMD added requirements for emissions when using a

combination of gaseous fuel and liquid and/or solid fuels. It also

added provisions for applicability, definitions, exemptions, monitoring

and records, test methods, and compliance tests. All these provisions

are more stringent than the SIP version.

The current SIP approved version of Rule 475 for equipment with a

HIR of more than 50 MMBtu/hr, sets the NOX emission limits

at 80 ppm by volume when burning gaseous fuel, 160 ppm when burning

liquid fuel, and 225 ppm when burning solid fuel. The rule also sets

emission limits for PM at 5 kilograms per hour (11 lbs/hr) and 23

milligrams per cubic meter (0.01 grain/scf). Both PM limits must be met

by all equipment. All limits are referenced at 3 percent stack-gas

oxygen on dry basis.

The submitted version of Rule 475 limits NOX emissions

from non-mobile, electric power generating equipment with a maximum

rated heat input of more than 50 MMBtu/hr. Rule 475 sets emission limit

of 42 ppm NOX, 5 kilograms per hour (11 lbs/hr) PM, and 7.60

milligrams per cubic meter (0.003 grains/scf) PM referenced at 15%

stack-gas oxygen for gas turbines. All other electric power generating

equipment must meet existing SIP emission limits for NOX

using various types of fuels which are set at 80 ppm (gas-fired); 160

ppm (liquid-fired); 225 ppm (solid fuel-fired); and the weighted

average when combination fuels are used. These NOX limits

are within the emission limit ranges (0.20 to 0.50 lb/MMBtu) specified

by EPA for utility boilers. Rule 475 also incorporates the existing PM

emission limits of 5 kg per hour (11 lbs/hr) except for the companion

emission limit (7.6 milligrams per cubic meter (0.003 grains/scf)) for

gas turbines which is more stringent than what is currently in the SIP.

Therefore, the submitted Rule 475 is more stringent than the SIP

version because of the added provisions of more stringent emission

limits for gas turbines, more stringent PM limits, and addition of

enforceability measures such as applicability, definitions, exemptions,

monitoring and records, test methods, and compliance schedule.

The current SIP approved Rule 476 restricts NOX

emissions to 125 ppm when burning gaseous fuel and 225 ppm when burning

liquid or solid fuel from any steam generating equipment having a heat

input rate of more than 12.5 million kilogram calories (50 MMBtu/hr).

The PM emission limits are also set at 5 kilograms per hour (ll lbs/hr)

and 23 milligrams per cubic meter (0.01 grain/scf).

Rule 476 was significantly changed since the SIP revision in 1978.

MDAQMD added requirements for determining emissions when using

combination of gaseous fuel and liquid and/or solid fuels. MDAQMD also

added provisions for applicability, definitions, exemptions, monitoring

and records, test methods, and compliance tests.

The NOX emission limits of 125 ppm 0.15 lbs/

MMBtu (heat input rate basis) for gas-fired and 225 ppm

0.28 lbs/MMBtu for oil-fired or solid fuel fired are within the

emission limits ranges (0.20 to 0.50 lbs/MMBtu) specified by EPA for

utility boilers. The PM emission limits of 5 kilograms per hour (ll

lbs/hr) and 23 milligrams per cubic meter (0.01 grain/scf) were

previously determined to meet RACT requirements and are currently in

the SIP. The revised rule is also more stringent than the SIP approved

version of the rule because of the addition of enforceability measures

mentioned above.

MDAQMD's Rule 68, Fuel Burning Equipment--Oxides of Nitrogen, was

adopted in January 7, 1972 to control NOX emissions from

non-mobile fuel burning equipment or other contrivances having heat

input rate of more than 1775 million Btu per hour (MMBtu/hr) within the

Southeast Desert Air Basin. Although Rule 68 has been rescinded by

Southern California APCD, the predecessor of MDAQMD, it has been

retained in the SIP because EPA previously determined Rule 474 (same

title), the intended replacement, did not regulate NOX

emissions from non-steam generating equipment as did previous Rule 68.

To correct this deficiency, MDAQMD amended Rule 474, Fuel Burning

Equipment, to cover any equipment rated over 1775 MMBtu/hr; Rule 475,

Electric Power Generating Equipment, to cover any power generating

equipment rated over 50 MMBtu/hr; and Rule 476, Steam Generating

Equipment, to cover any steam generating equipment rated over 500

MMBtu/hr. Altogether these amended rules cover the scope and emission

limitations Rule 68 currently has in the SIP. Consequently, MDAQMD is

rescinding Rule 68 because it no longer serves to control emissions and

is therefore extraneous. The removal of Rule 68 from the SIP is

consistent with EPA's policy requirements and removes an extraneous

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 Documents (TSDs) for Rules 68,

474, 475, and 476 dated September 24, 1998.

EPA has evaluated the submitted rules and has determined that they

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

MDAQMD's Rule 474, Fuel Burning Equipment; Rule 475, Electric Power

Generating Equipment; and Rule 476, Steam Power Generating Equipment

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. Furthermore, EPA

is removing applicable Rule 68 consistent with the requirements of

sections 110(l) and 193.

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 March 12, 1999

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without further notice unless the Agency receives adverse comments by

February 10, 1999.

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

withdrawing the final rule and 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 the rule. Any parties interested

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

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

effective on March 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

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 is 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, 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 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

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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 March 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.

Dated: December 14, 1998.

Lauren Yoshii,

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 paragraphs (c) (6)(xv)(A)

and (254)(i)(H)(1) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(6) * * *

(xv) San Bernardino County Air Pollution Control District.

(A) Previously approved on December 21, 1975 and now deleted

without replacement Rule 68.

* * * * *

(254) * * *

(i) * * *

(H) Mojave Desert Air Quality Management District.

(1) Rules 474, 475, and 476 adopted on August 25, 1997.

* * * * *

[FR Doc. 99-80 Filed 1-8-99; 8:45 am]

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