[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Rules and Regulations]
[Pages 17896-17897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6643]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2007-0970; FRL-8547-6]
Revision to the California State Implementation Plan, Bay Area
Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions to the Bay Area Air
Quality Management District (BAAQMD) portion of the California State
Implementation Plan (SIP). These revisions were proposed in the Federal
Register on December 20, 2007, and concern nitrogen oxides
(NOX) and carbon monoxide (CO) emissions from boilers, steam
generators and process heaters at petroleum refineries. We are
approving local rules that regulate these emission sources under the
Clean Air Act as amended in 1990 (CAA or the Act).
DATES: Effective Date: This rule is effective on May 2, 2008.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2007-0970 for
this action. The index to the docket is available electronically at
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: Andrew Steckel, EPA Region IX, (415)
947-4115, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Background
III. Public Comments and EPA Responses
IV. EPA Action
V. Statutory and Executive Order Reviews
I. Proposed Action
On December 20, 2007 (72 FR 72322), EPA proposed to approve BAAQMD
Rule 9-10, Nitrogen Oxides and Carbon Monoxide from Boilers, Steam
Generators, and Process Heaters in Petroleum Refineries, into the
California SIP. This rule was adopted by the BAAQMD on July 17, 2002,
and submitted by the California Air Resources Board on August 12, 2002.
We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
II. Background
On March 29, 2001 (66 FR 17078), EPA published a limited approval
and limited disapproval of a previous version of BAAQMD Rule 9-10,
because the rule improved the SIP overall, but some rule provisions
failed to satisfy the requirements of section 110 of the CAA. On August
12, 2002, BAAQMD submitted a revised version of Rule 9-10 for approval
into the SIP, to address the deficiencies identified by EPA in 2001.
On October 7, 2002 (67 FR 62389), EPA published a direct final rule
to approve this revised version of BAAQMD Rule 9-10 into the California
SIP. In association with the direct final rule, EPA published a
proposed rule to allow an opportunity for the public to comment on the
approval of Rule 9-10 into the California SIP (67 FR 62427). Based on
the proposed approval of Rule 9-10, EPA made an interim final
determination to stay the imposition of sanctions that resulted from
the March 29, 2001, limited disapproval action. The interim final rule
to stay the imposition of sanctions was published concurrently on
October 7, 2002 (67 FR 62388).
Adverse comments were received in response to the October 7, 2002,
proposed rule. As a result, EPA published a withdrawal of the direct
final rule on November 25, 2002 (67 FR 70555). The proposed approval
remained in effect, and therefore the interim final determination
regarding sanctions was not affected by the withdrawal because the
determination was based on the proposed approval of Rule 9-10. The
comments received were addressed in a second proposed approval,
published on December 20, 2007 (72 FR 72322), which is being finalized
by this action. For more information on BAAQMD Rule 9-10 and our
evaluation, please see the proposed action.
III. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we did not receive any comments.
IV. EPA Action
No comments were submitted that change our assessment that the
submitted rule complies with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
this rule into the California SIP.
[[Page 17897]]
All sanctions and sanction clocks, which were triggered as a result
of the disapproval action on March 29, 2001 (66 FR 17078), continue to
be stayed as a result of the interim final determination published on
October 7, 2002 (67 FR 62388). The sanctions and sanction clocks will
be permanently terminated on the effective date of this final rule
approval.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 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 approves 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 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 approves a state rule
implementing a Federal standard.
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 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.).
The Congressional Review Act, 5 U.S.C. section 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. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
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 June 2, 2008. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: February 15, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraph (c)(353) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(353) New and amended regulations were submitted on August 12,
2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Rule 9-10, Inorganic Gaseous Pollutants: Nitrogen Oxides and
Carbon Monoxide from Boilers, Steam Generators, and Process Heaters in
Petroleum Refineries, adopted on July 17, 2002.
[FR Doc. E8-6643 Filed 4-1-08; 8:45 am]
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