[Federal Register Volume 75, Number 8 (Wednesday, January 13, 2010)]
[Rules and Regulations]
[Pages 1715-1716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-352]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0474; FRL-9100-1]
Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVAPCD) portion of the
California State Implementation Plan (SIP). These revisions were
proposed in the Federal Register on August 14, 2009 and concern oxides
of nitrogen (NOX) and particulate matter (PM) emissions from
boilers of various capacities. 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 February 12, 2010.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2009-0474 for
this action. The index to the docket 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: Idalia Perez, EPA Region IX, (415)
972-3248, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On August 14, 2009 (74 FR 41104), EPA proposed to approve the
following rules into the California SIP.
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Local agency Rule No. Rule title Adopted Submitted
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SJVAPCD................................... 4306 Boilers, Steam Generators and 10/16/08 03/17/09
Process Heaters--Phase 3.
SJVAPCD................................... 4307 Boilers, Steam Generators and 10/16/08 03/17/09
Process Heaters--2.0 MMbtu/
hr to 5.0 MMbtu/hr.
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We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comments and EPA Responses
EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
Since publication of the proposed action, we identified two minor
issues regarding Rule 4307 that do not change our assessment that the
submitted rule complies with the relevant CAA requirements.
Nonetheless, revisions to these provisions should be made when the Rule
is next revised.
We have identified the possibility that some units that are subject
to Rule 4307 do not need exemptions from basic emission limits during
start-up and shutdown periods as long as they are maintained and
operated appropriately. For example, we believe that heater treaters
which rely only on low-NOX burners for compliance are
capable of consistent compliance with the Rule's basic emission limits
during these periods. As a result, Section 5.4 should be revised to
remove the start-up and shutdown exemption period for such devices.
Currently Section 6.1.4 requires recordkeeping only if the start-up
and shut-down event exceeds the limitations of the duration of such
events in Section 5.4.1 or 5.4.2. EPA recommends that Section 6.1.4 of
Rule 4307 be revised to require records that specify the duration of
all start-up and shut-down periods (at least for units located at Title
V facilities). EPA notes that the limited applicability of the current
version of 6.1.4 may not be appropriate in other rules, particularly
those where periodic or continuous monitoring is required.
No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the Act, EPA is fully approving
these rules into the California SIP.
[[Page 1716]]
IV. 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 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, these rules do 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.
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 action 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.
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 March 15, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action 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,
Particulate matter, Reporting and recordkeeping requirements.
Dated: November 23, 2009.
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]
0
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 paragraphs (c)(363)(i)(A)(3)
and (4) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(363) * * *
(i) * * *
(A) * * *
(3) Rule 4306, ``Boilers, Steam Generators and Process Heaters--
Phase 3, '' adopted on October 16, 2008.
(4) Rule 4307, ``Boilers, Steam Generators and Process Heaters--2.0
MMbtu/hr to 5.0 MMbtu/hr,'' adopted on October 16, 2008.
* * * * *
[FR Doc. 2010-352 Filed 1-12-10; 8:45 am]
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