[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Proposed Rules]
[Pages 45080-45082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18926]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2010-0596; FRL-9183-7]
Revisions to the California State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) portion of the
California State Implementation Plan (SIP). These revisions concern
oxides of nitrogen (NOX) emissions from boilers, steam
generators and process heaters with a rated heat input from 0.75 to
less than 2.0 MMbtu/hr. We are approving a local rule that regulates
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 September 1, 2010.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2010-0596, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
online 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 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 www.regulations.gov or e-mail.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know 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 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: Idalia P[eacute]rez, EPA Region IX,
(415) 972-3248, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
[[Page 45081]]
B. Does the rule meet the evaluation criteria?
C. EPA recommendations to further improve the rule.
D. Public comment and final action.
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the date
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
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Local agency Rule No. Rule title Adopted Submitted
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SJVUAPCD............................. 4308 Boilers, Steam Generators 12/17/09 05/17/10
and Process Heaters--
0.75 to less than 2.0
MMbtu/hr.
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On June 8, 2010, EPA determined that the submittal for SJVUAPCD
Rule 4308 met the completeness criteria in 40 CFR Part 51, Appendix V,
which must be met before formal EPA review.
B. Are there other versions of this rule?
We approved an earlier version of Rule 4308 into the SIP on May 30,
2007 (72 FR 29886).
C. What is the purpose of the submitted rule revision?
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. Rule 4308 limits NOX and
CO emissions from boilers, steam generators, process heaters and water
heaters with a total rated heat input equal or larger than 0.075 MMBtu/
hour and less than 2 MMBtu/hour. Rule 4308 was amended to include
specific limits for instantaneous and pool water heaters as well as to
strengthen the NOX emission limits for other units. EPA's
technical support document (TSD) has more information about this rule.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rule?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and 182(f)), must implement Reasonably Available
Control Measures (RACM) for PM2.5 nonattainment areas (see CAA section
172(c)(1)), and must not relax existing requirements (see sections
110(l) and 193). The SJVUAPCD regulates ozone and PM2.5 nonattainment
areas (see 40 CFR part 81), so Rule 4308 must fulfill RACT and RACM.
Guidance and policy documents that we use to evaluate
enforceability, RACT and RACM 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. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' CARB, July 18, 1991.
5. ``Alternative Control Techniques Document-- NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers,''
U.S. EPA, 453/R-94-022, March 1994.
6. ``Alternative Control Techniques Document--NOX
Emissions.''
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the relevant policy and
guidance regarding enforceability, RACT, RACM and SIP relaxations. The
TSD has more information on our evaluation.
C. EPA Recommendations to Further Improve the Rule
The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.
D. Public Comment and Final Action
Because EPA believes the submitted rule fulfills all relevant
requirements, we are proposing to fully approve it 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 this rule into the federally
enforceable SIP.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement
[[Page 45082]]
Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 21, 2010.
Keith Takata,
Acting Regional Administrator, Region IX.
[FR Doc. 2010-18926 Filed 7-30-10; 8:45 am]
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