[Federal Register Volume 64, Number 208 (Thursday, October 28, 1999)]
[Rules and Regulations]
[Pages 57991-57994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27199]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA71-168a ; FRL -6452-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Kern County Air Pollution Control
District; Yolo-Solano Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
California State Implementation Plan (SIP). The revisions concern Kern
County Air Pollution Control District (KCAPCD), Rule 424 and Yolo-
Solano Air Quality Management District, Rule 2.37. The revisions
include rescission and removal of an obsolete rule from the SIP and the
incorporation of two rules into the Federally approved SIP.
The rule to be removed regulated sulfur compound emissions from oil
field steam generators. No units covered by this rule remain or are in
operation within KCAPCD's jurisdictional area.
The rules to be incorporated control emissions of oxides of
nitrogen (NOX) from natural gas-fired residential water
heaters.
This approval action will incorporate the two rules into the
Federally approved SIP. The intended effect of approving the rules is
to regulate NOX emissions in accordance with the
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).
Thus, EPA is finalizing the approval of this revision into the
California SIP 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: These rules are effective on December 27, 1999 without further
notice, unless EPA receives adverse comments by November 29, 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 rule 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
respective 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 94105-3901
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
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite
302, Bakersfield, CA 93301-2370
Yolo-Solano Air Quality Management District 1947 Galileo Court, Suite
103, Davis, CA 95616-4882
FOR FURTHER INFORMATION CONTACT: Sam Agpawa, Air Planning Office, AIR-
2, Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 744-
1228.
SUPPLEMENTARY INFORMATION:
[[Page 57992]]
I. Applicability
The rule being rescinded and removed is KAPCD Rule 424. The rule
was adopted by KAPCD on July 18, 1983; approved into the SIP on May 3,
1984; and rescinded by KAPCD's Board on April 19, 1993. The rule was
submitted to EPA for rescission on November 18, 1993. The rule number
was reassigned to a subsequent rule which was adopted by KAPCD's Board
on the date of rescission.
The rule being approved for rescission and removal from the SIP is
the old KAPCD rule 424. The rule applied to sulfur compounds from
oilfield steam generators. The rules being approved into the California
SIP are:
(1) The new KCAPCD Rule 424 and (2) YSAQMD Rule 2.37. The rules
apply to natural gas-fired residential water heaters. The rules were
submitted by the State of California to EPA on: (1) KCAPCD Rule 424--
November 18, 1993; and (2) YSAQMD Rule 2.37--February 24, 1995.
II. Background
On November 15, 1990, the Clean Air Act Amendments of 1990 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.
KCAPCD and YSAQMD are designated and classified as non-attainment-
serious for ozone 1; therefore, the jurisdictional areas of
KCAPCD and YSAQMD are subject to the RACT requirements of section
182(b)(2) cited below and the November 15, 1992 deadline.
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\1\ Kern County and the Yolo-Solano Air Quality Management
District retained their designation(s) of nonattainment and were
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 (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 are no major
stationary sources covered by KCAPCD Rule 424 and YSAQMD Rule 2.37 and
RACT requirements do not apply; however, the rules are expected to
achieve substantial reductions of NOX because they apply to
a large number of small sources.
This document addresses EPA's direct final action for KCAPCD Rule
424 and YSAQMD Rule 2.37, applying to natural gas-fired residential
water heaters. The rules were adopted on: (1) KCAPCD Rule 424--April
19, 1993 and (2) YSAQMD 2.37--November 9, 1994.
The State of California submitted the rules to EPA for
incorporation into its SIP on: (1) KCAPCD Rule 424--November 18, 1993;
and (2) YSAQMD Rule 2.37--February 24, 1995. KCAPCD Rule 424 was found
complete on December 27, 1993; YSAQMD Rule 2.37 was found complete on
March 10, 1995 pursuant to EPA's completeness criteria that are set
forth in 40 CFR Part 51, Appendix V.2 The rules are being
finalized 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. Both rules specify exhaust emission standards for
NOX from residential water heaters. The rules were
originally adopted as part of each applicable district's efforts to
achieve the National Ambient Air Quality Standard (NAAQS) for ozone,
and in response to the CAA requirements cited above. The following is
EPA's evaluation and final action for these rules.
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 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.
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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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KCAPCD Rule 424 and YSAMQD Rule 2.37 prohibit the sale and
installation of units within Kern County and the Yolo-Solano Air
Quality Management District that exceed the Rules' specified emission
rates. Rule 424 replaces a rescinded rule which controlled sulfur
compound emissions from oil fields. The rescinded rule is no longer
applicable. The new rule was assigned the same number (424). KCAPCD
Rule 424 and YSAQMD Rule 2.37 are similar to South Coast Air Quality
Management District (SCAQMD) Rule 1121 which prohibits units that do
not meet the SCAQMD rule requirements from being sold or installed in
Los Angeles Basin.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations and EPA policy. Therefore,
KCAPCD Rule 424; and YSAQMD Rule 2.37, Natural Gas-fired Residential
Water Heaters; 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.
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 December 27,
1999 without further notice unless the Agency receives adverse comments
by November 29, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register 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
[[Page 57993]]
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 rule will be effective on December 27, 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, 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 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 rules do not create a mandate on State, local or tribal
governments. The rules do not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to these rules.
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. These rules are not subject to E.O. 13045 because they
do 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
rules do 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 these rules.
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. These final rules 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
[[Page 57994]]
the Federal Register. These rules are not ``major'' rules 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 December 27, 1999. Filing a
petition for reconsideration by the Administrator of these final rules
does not affect the finality of these rules 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 rules 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, Oxides of
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: September 9, 1999.
Laura 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)(140)(ii)(C),
(194)(i)(B)(4), (215)(i)(D) introductory text, and (215)(i)(D)(2) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(140) * * *
(ii) * * *
(C) Previously approved on May 3, 1984 and now deleted without
replacement for implementation in the Southeast Desert Air Basin Rule
424.
* * * * *
(194) * * *
(i) * * *
(B) * * *
(4) Rule 424 adopted on April 19, 1993.
* * * * *
(215) * * *
(i) * * *
(D) Yolo-Solano Air Pollution Control District.
* * * * *
(2) Rule 2.37 adopted on November 9, 1994.
* * * * *
[FR Doc 99-27199 Filed 10-27-99; 8:45 am]
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