Environmental Protection Agency (EPA).
EPA is proposing a conditional approval of revisions to the El Dorado County Air Pollution Control District (EDCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from internal combustion engines. We are proposing action on 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.
Any comments must arrive by March 25, 2002.
Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
You can inspect copies of the submitted SIP revisions and EPA's technical support document (TSD) at our Region IX office during normal business hours. You may also see copies of the submitted SIP revisions at the following locations:
California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 1001 “I” Street, Sacramento, CA 95814.
El Dorado County Air Pollution Control District, 2850 Fairlane Court, Building C, Placerville, CA 95667.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Charnjit Bhullar, Rulemaking Office (AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 972-3960.End Further Info End Preamble Start Supplemental 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?
II. EPA's Evaluation and Action
A. How is EPA evaluating this rule?
B. Does the rule meet the evaluation criteria?
C. Proposed action and public comment.
III. Background Information
Why was this rule submitted?
IV. Administrative Requirements
I. The State's Submittal
A. What Rule Did the State Submit?
Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB).Start Printed Page 7998
|Local agency||Rule No.||Rule title||Adopted||Submitted|
|EDCAPCD||233||Stationary Internal Combustion Engines||09/25/01||11/09/01|
On January 15, 2002, this rule submittal was 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 This Rule?
On January 13, 2000, we published a final limited approval and limited disapproval of a version of this rule that had been submitted to EPA on October 20, 1994.
C. What Is the Purpose of the Submitted Rule?
EDCAPCD Rule 233 establishes NOX emission limits for stationary internal combustion engines within the Federal ozone non-attainment area regulated by EDCAPCD. EPA published a limited approval and limited disapproval of a previous version of this rule because the following provisions conflicted with section 110 and part D of the Act.
1. Emission limits were significantly higher than those established as Reasonably Available Control Technology (RACT) by CARB.
2. Annual emission testing of all engines was not required.
3. Nonresettable fuel or hour meters were not required. The submitted revisions are designed primarily to correct these deficiencies. The TSD has more information about this rule.
II. EPA's Evaluation and Action
A. How Is EPA Evaluating This Rule?
Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require RACT for major sources in nonattainment areas (see sections 182(b)(2)(a) and 182(f)), and must not relax existing requirements (see sections 110(l) and 193). EDCAPCD regulates an ozone nonattainment area (see 40 CFR 81.305), so Rule 233 must fulfill RACT.
Guidance and policy documents that we used to help evaluate enforceability and RACT requirements consistently include the following:
1. Issue Relating to VOC Regulation, Cut points, Deficiencies, and Deviations (the “Blue Book”), U.S. EPA, May 25, 1988.
2. State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for the Implementation of Title I of the Clean Air Act Amendment of 1990 (the “NOX Supplement to the General Preamble”), U.S. EPA, 57 FR 55620, Nov. 25, 1992.
3. State Implementation Plans for National Primary and Secondary Ambient Air Quality Standards, Section 110 of the Clean Air Act (CAA), and Plan Requirements for Nonattainment Areas, Title I, Part D of the CAA.
4. Requirement for Preparation, Adoption, and Submittal of Implementation Plans, U.S. EPA, 40 CFR Part 51.
5. Alternative Control Techniques (ACT) Document—NOXEmission from Stationary Reciprocating Internal Combustion Engines (EPA-453/R-93-032).
6. CAPCOA/ARB Proposed Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Stationary Internal Combustion Engines State of California Air Resources Board, December, 1997.
B. Does the Rule Meet the Evaluation Criteria?
In EPA's January 2000 action on a previous version the Rule, we determined that it improved the SIP and fulfilled the relevant evaluation criteria except for three deficiencies. The submitted rule addresses these deficiencies as follows:
1. Emission limits have been significantly reduced in section 233.3(A).
2. Through an administrative error, the revisions to Rule 233 did not clearly require emission testing for all engines. By letter dated January 2, 2002, EDCAPCD has stated its intension to revise the rule appropriately by July 2002.
3. A nonresettable fuel and/or hour meter is required in section 233.5(D).
The submitted revisions are designed primarily to correct these deficiencies. The TSD has more information about this rule.
C. Proposed Action and Public Comment
A January 2, 2002 letter from the EDCAPCD Air Pollution Control Officer stated his intention to submit a commitment through CARB to adopt and submit revisions to Rule 233 by July 2002. As authorized in section 110(k)(4) of the Act and based on the expectation that we will receive this commitment shortly, EPA is proposing a conditional approval of the submitted rule to improve the SIP. If finalized, this action would incorporate into the SIP both the submitted rule and the commitment from CARB to correct the identified deficiency. Pursuant to 40 CFR 52.31(d)(5), if finalized, this action would also permanently terminate all section 179 sanctions, sanctions clocks and section 110(c) FIP obligations associated with our January 2000 action.
This conditional approval shall be treated as a disapproval if EDCAPCD fails to adopt rule revisions to correct the deficiencies within one year. If this rule is disapproved, the stay of sanctions will be lifted under section 179 of the Act in accordance with 40 CFR 52.31. Please see our Interim Final Determination elsewhere in today's Federal Register. Note that the submitted rule has been adopted by EDCAPCD, and EPA's final conditional approval would not prevent the local agency from enforcing it.
We will accept comments from the public on the proposed conditional approval for the next 30 days.
III. Background Information
Why Was This Rule Submitted?
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. Table 2 lists some of the national milestones leading to the submittal of these local agency NOX rules.
|March 3, 1978||EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as amended in 1977. 43 FR 8964; 40 CFR 81.305.|
|Start Printed Page 7999|
|May 26, 1988||EPA notified Governors that parts of their SIPs were inadequate to attain and maintain the ozone standard and requested that they correct the deficiencies (EPA's SIP-Call). See section 110(a)(2)(H) of the pre-amended Act.|
|November 15, 1990||Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q.|
|May 15, 1991||Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient RACT rules by this date.|
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this regulation action from Executive Order 12866, Regulatory Planning and Review.
This proposed rule is not subject to Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866.
Executive Order 13045, entitled 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 Executive Order 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.
This rule is not subject to Executive Order 13045 because it does not involve decisions intended to mitigate environmental health or safety risks.
Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999) revokes and replaces Executive Orders 12612, Federalism and 12875, Enhancing and Intergovernmental Partnership. Executive Order 13132 requires EPA to develop an accountable process to ensure “meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.” “Policies that have federalism implications” is defined in the Executive Order to include regulations that 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.” Under Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulations. EPA also may not issue a regulation that has federalism implications and that preempts State law unless the Agency consults with State and local officials early in the process of developing the proposed regulation.
This proposed rule will 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, because it merely acts on 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. Thus, the requirements of section 6 of the Executive Order do not apply to this proposed rule.
Executive Order 13175, entitled “Consultation and Coordination with Indian Tribal Governments” (65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure “meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.” “Policies that have tribal implications” is defined in the Executive Order to include regulations that have “substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.”
This proposed rule does not have tribal implications. It will not have substantial direct effects on tribal governments, 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 in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. In the spirit of Executive Order 13175, and consistent with EPA policy to promote communications between EPA and tribal governments, EPA specifically solicits additional comment on this proposed rule from tribal officials.
F. 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.
This proposed rule 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 act on 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).Start Printed Page 8000
G. 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 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 proposed action does not include a Federal mandate that may result in estimated costs of $100 million or more to either State, local, or tribal governments in the aggregate, or to the private sector. This proposed Federal action acts on 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.
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use “voluntary consensus standards” (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical.
EPA believes that VCS are inapplicable to today's proposed action because it does not require the public to perform activities conducive to the use of VCS.Start List of Subjects
List of Subjects in 40 CFR Part 52
- Environmental protection
- Air pollution control
- Intergovernmental relations
- Nitrogen dioxide
- Reporting and recordkeeping requirements
Dated: January 23, 2002.
Regional Administrator, Region IX.
[FR Doc. 02-3916 Filed 2-20-02; 8:45 am]
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