[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Proposed Rules]
[Pages 28290-28293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7411]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2006-0225; FRL-8170-9]
Revisions to the California State Implementation Plan, South
Coast Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the South Coast Air
Quality Management District's (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern oxides of nitrogen
(NOX) and oxides of sulfur (SOx) emissions from facilities
emitting 4 tons or more per year of NOX or SOx in the year
1990 or subsequent year under the SCAQMD's Regional Clean Air
Incentives Market (RECLAIM) program. We are proposing to approve local
rules to regulate these emission sources under the Clean Air Act as
amended in 1990 (CAA or the Act). We are taking comments on this
proposal and plan to follow with a final action.
DATES: Any comments must arrive by June 15, 2006.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0225, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know
[[Page 28291]]
your identity or contact information unless you provide it in the body
of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Lily Wong, EPA Region IX, (415) 947-
4114, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action.
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the SCAQMD and submitted by the California
Air Resources Board (CARB).
Table 1.--Submitted Rules
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Local agency Rule Rule title Adopted Submitted
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SCAQMD...................... 2000.............................. General............. 05/06/05 10/20/05
SCAQMD...................... 2001.............................. Applicability....... 05/06/05 10/20/05
SCAQMD...................... 2002.............................. Allocations for 01/07/05 12/21/05
Oxides of Nitrogen
(NOX) and Oxides of
Sulfur (SOx).
SCAQMD...................... 2005.............................. New Source Review 05/06/05 10/20/05
for RECLAIM.
SCAQMD...................... 2007.............................. Trading Requirements 05/06/05 10/20/05
SCAQMD...................... 2010.............................. Administrative 01/07/05 07/15/05
Remedies and
Sanctions.
SCAQMD...................... 2011.............................. Requirements for 01/07/05 07/15/05
Monitoring,
Reporting, and
Recordkeeping for
Oxides of Sulfur
(SOx) Emissions.
SCAQMD...................... 2011 Protocol Appendix A.......... Appendix A: Protocol 05/06/05 10/20/05
for Monitoring,
Reporting, and
Recordkeeping for
Oxides of Sulfur
(SOx) Emissions.
SCAQMD...................... 2012.............................. Requirements for 01/07/05 07/15/05
Monitoring,
Reporting, and
Recordkeeping for
Oxides of Nitrogen
(NOX) Emissions.
SCAQMD...................... 2012 Protocol Appendix A.......... Appendix A--Protocol 05/06/05 10/20/05
for Monitoring,
Reporting, and
Recordkeeping for
Oxides of Nitrogen
(NOX) Emissions.
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Prior to the submittal of the rules in Table 1, SCAQMD also adopted
and submitted other revisions of these rules. While we can act on only
the most recently submitted version, we have reviewed materials
provided with previous submittals. EPA's technical support document
(TSD) has more information about these interim superseded rules.
On August 18, 2005, November 22, 2005, and March 20, 2006, these
rule submittals were found to meet the completeness criteria in 40 CFR
part 51, appendix V, which must be met before formal EPA review.
B. Are there other versions of these rules?
Table 2 lists the previous versions of these rules approved into
the SIP.
Table 2.--Current SIP Approved Version of Rules
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Rule Rule title Adopted Submitted Approved FR citation
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2000.......................... General.............. 05/11/01 05/31/01 09/04/03, 68 FR 52512.
2001.......................... Applicability........ 05/11/01 05/31/01 09/04/03, 68 FR 52512.
2002.......................... Allocations for 05/11/01 05/31/01 09/04/03, 68 FR 52512.
Oxides of Nitrogen
(NOX) and Oxides of
Sulfur (SOX).
2005.......................... New Source Review for 04/20/01 10/30/01 09/04/03, 68 FR 52512.
RECLAIM.
2007.......................... Trading Requirements. 12/05/03 02/20/04 07/26/04, 69 FR 44461.
2010.......................... Administrative 05/11/01 05/31/01 09/04/03, 68 FR 52512.
Remedies and
Sanctions.
2011.......................... Requirements for 12/05/03 02/20/04 07/26/04, 69 FR 44461.
Monitoring,
Reporting, and
Recordkeeping for
Oxides of Sulfur
(SOX) Emissions.
2011 Protocol Appendix A...... Protocol for 03/16/01 05/31/01 09/04/03, 68 FR 52512.
Monitoring,
Reporting, and
Recordkeeping for
Oxides of Sulfur
(SOX) Emissions.
2012.......................... Requirements for 12/05/03 02/20/04 07/26/04, 69 FR 44461.
Monitoring,
Reporting, and
Recordkeeping for
Oxides of Nitrogen
(NOX) Emissions.
2012 Protocol Appendix A...... Protocol for 03/16/01 05/31/01 09/04/03, 68 FR 52512.
Monitoring,
Reporting, and
Recordkeeping for
Oxides of Nitrogen
(NOX) Emissions.
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[[Page 28292]]
C. What is the purpose of the submitted rule revisions?
NOX helps produce ground-level ozone, smog and
particulate matter, which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control NOX emissions. The RECLAIM program was initially
adopted by SCAQMD in October 1993. The program established for many of
the largest NOX and SOX facilities in the South
Coast Air Basin regional NOX and SOX emissions
caps which decline over time. The program was designed to provide
incentives for sources to reduce emissions and advance pollution
control technologies by giving sources added flexibility in meeting
emission reduction requirements. A RECLAIM source's emissions may not
exceed its holding of RECLAIM Trading Credits (RTCs) in any compliance
year. A RECLAIM source may comply with this requirement by installing
control equipment, modifying their activities, or purchasing RTCs from
other facilities.
The primary purposes of the 2005 amendments to the RECLAIM rules
were to:
(1) Lower the regional NOX emissions cap. Beginning with
the 2007 compliance year, the regional NOX emissions cap
would be lowered by 4 tons per day from the 2003 emissions levels to
achieve additional NOX emission reductions for attainment.
This program modification would also address California Health and
Safety Code requirements on Best Available Retrofit Control Technology
(BARCT).
(2) Remove the remaining trading restrictions placed on the power
producers.
(3) Modify the monitoring, recordkeeping, and reporting
requirements and protocols, including: adding a new NOX
emission factor for micro-turbines, requiring large sources and process
units equipped with stack flow monitors to measure exhaust flow rate,
clarifying the required operating parameters for large sources and
process units, clarifying the corresponding emission rates that are to
be measured and reported, establishing missing data provisions on an
hourly basis versus the previous daily requirement, allowing an
alternative test to demonstrate compliance with RECLAIM NOX
concentration limits, allowing a delay in the due date for Relative
Accuracy Test Audits (RATA) for equipment that is operated
intermittently, adding alternative methods of compliance testing for
natural gas combustion sources with high oxygen content in the exhaust
stream, allowing the reporting of emissions through the SCAQMD's
Internet Web site, specifying that emission reports are due every
quarter from sources that are not listed on the Facility Permit (such
as contractor equipment, various location equipment, and equipment
covered under applications), correcting typographical errors, and
adding rule language clarifications.
(4) Modify the NSR requirements for RECLAIM sources to allow
sources to sell unused RTCs at the end of a quarter instead of the end
of the compliance year, provided the source accepts an enforceable
permit condition which establishes a quarterly emissions limitation.
(5) Implement other administrative and clarifying changes. While
ship emissions are not counted toward the applicability thresholds to
determine if the source is subject to RECLAIM, the rule amendments
clarify that ship emissions at a new or relocated RECLAIM facility
subject to New Source Review is to be counted as part of the total
emissions which must be offset. Because of recent changes in the state
that requires the permitting and regulation of agricultural sources,
the rule was amended to clarify that agricultural sources are exempt
from the RECLAIM program.
EPA's TSD has more information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
major sources in nonattainment areas (see section 182(a)(2)(A) and
182(f)), and must not relax existing requirements (see sections 110(l)
and 193). The SCAQMD regulates a 1-hour ozone nonattainment area (see
40 CFR 81), so Regulation XX (Rules 2000 to 2020) must fulfill RACT.
Guidance and policy documents that we used to help evaluate
enforceability and RACT requirements consistently include the
following:
1. ``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), 57 FR 55620,
November 25, 1992.
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``Improving Air Quality with Economic Incentive Programs,'' EPA-
452/R01-001, (the EIP guidance) January 2001.
B. Do the rules meet the evaluation criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. While
some of rule amendments could arguably be viewed as a rule relaxation
(e.g. allowing sources to sell unused RTCs at the end of a quarter
instead of at the end of the year), other rule amendments are
strengthening (e.g. requiring such sources to be subject to a quarterly
emissions limit in their permit, and clarifying that ship emissions, at
a new or relocated RECLAIM facility subject to New Source Review, are
part of total emissions which must be offset). Also, the amendments
result in significant additional emission reductions through the
lowering of the emissions cap in the year 2007. Consequently, EPA
believes that the amendments on balance are strengthening. The TSD has
more information on our evaluation.
C. Public Comment and Final Action
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the Act. We will accept comments from the public
on this proposal for the next 30 days. Unless we receive convincing new
information during the comment period, we intend to publish a final
approval action that will incorporate these rules into the federally
enforceable SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule
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proposes to approve pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045
(``Protection of Children from Environmental Health Risks and Safety
Risks'' ((62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does
not impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 27, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. E6-7411 Filed 5-15-06; 8:45 am]
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