Environmental Protection Agency (EPA).
Proposed rule.
EPA is proposing to approve certain 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 (NO
Any comments must arrive by March 15, 2004.
Send comments to Andy Steckel, Rulemaking Office Chief (AIR–4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901 or e-mail to
You can inspect copies of the submitted SIP revisions, EPA's technical support documents (TSDs), and public comments at our Region IX office during normal business hours by appointment. You may also see copies of the submitted SIP revisions by appointment at the following locations:
A copy of the rules may also be available via the Internet at
Thomas C. Canaday, EPA Region IX, (415) 947–4121,
Throughout this document, “we,” “us” and “our” refer to EPA.
Table 1 lists the rules addressed by this proposal with the dates that they were adopted by the local air agency and submitted by the California Air Resources Board (CARB).
On November 10, 2003, submitted Rules 4351, 4305, 4306, 4701, and 4702 were found to meet the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. Submitted Rule 4703 was found to meet the completeness criteria on July 23, 2002.
SJVUAPCD adopted an earlier version of Rule 4351 on October 19, 1995, and CARB submitted it to us on March 26, 1996. SJVUAPCD adopted an earlier version of Rule 4305 on December 19, 1996, and CARB submitted it to us on March 3, 1997. SJVUAPCD adopted an earlier version of Rule 4701 on December 19, 1996, and CARB submitted it to us on March 10, 1998. SJVUAPCD adopted an earlier version of Rule 4703 on October 16, 1997, and CARB submitted it to us on March 10, 1998. We proposed a limited approval and limited disapproval of these previous versions of Rules 4351, 4305, 4701, and 4703 on September 14, 1998 (63 FR 49053) and finalized our limited approval and limited disapproval of these rules into the SIP on February 28, 2002 (67 FR 9209).
Between the time of our proposed rule in 1998 and our final rule in 2002, SJVUAPCD adopted an amended version of Rule 4701 on November 12, 1998, which CARB submitted on February 16, 1999. Subsequent to our final rule in 2002, SJVUAPCD adopted amended versions of Rule 4701 and Rule 4305 on December 19, 2002, and CARB submitted these to us on January 21, 2003. We have not taken action on these interim submittals of amended Rule 4701 and Rule 4305 and consider the current submitted versions of Rule 4701 and Rule 4305, identified in Table 1, to supercede the versions submitted to us previously. While we can act on only the most recently submitted versions of submitted rules, we have reviewed materials provided with previous submittals. There are no previously submitted versions of Rules 4306 and 4702.
NO
Rules 4351, 4305, and 4306 limit NO
The general purpose of the submitted rules is to reduce emissions of NO
On September 14, 1998, EPA published a notice of proposed rulemaking for a limited approval and limited disapproval action (“1998 Proposed Rule”) on SJVUAPCD Rules 4351, 4305, 4701 and 4703 that were submitted as revisions to the California SIP because, although we determined that these rules improved the SIP and were largely consistent with the relevant CAA requirements, we also determined that some provisions in these rules conflicted with section 110 and part D (of title I) of the Act. See 63 FR 49053. EPA extended the 30-day comment period for the 1998 Proposed Rule for an additional 30 days. See 63 FR 56881 (October 23, 1998). Upon consideration of comments received on the 1998 Proposed Rule, we determined that certain proposed deficiencies were not a basis for a limited disapproval but otherwise finalized the action as proposed. We published notice of our final rule in the
In response to a comment on our 1998 Proposed Rule, we cited a document, SJVUAPCD's PM–10 Attainment Demonstration Plan Progress Report 1997–1999 (“PM–10 Progress Report”), as further support for our conclusion about NO
See 58 FR 3334, at 3337 (January 8, 1993).
Another comment was submitted on the 1998 Proposed Rule stating that the SJVUAPCD had shown, through modeling, that the reduction of NO
In our 2002 Final Rule, we concluded that certain types of deficiencies, such as the emission limits and applicability thresholds, were inconsistent with the requirement to implement Reasonably Available Control Technology (RACT) for control of NO
In 1998, when we proposed action on the previous versions of these rules, San Joaquin Valley was classified as a “serious” (
San Joaquin Valley continues to be classified as a “serious” PM–10 nonattainment area, and while our previous rulemaking process, which culminated in the 2002 Final Rule, evaluated the rules with respect to the ozone RACT requirement and the PM–10 RACM/RACT requirement, San Joaquin Valley, as a serious PM–10 nonattainment area, is also subject to the requirement under sections 189(b)(1)(B) and 189(e) of the Act to implement Best Available Control Measures (BACM), which includes Best Available Control Technology (BACT), for the control of PM–10 precursor emissions, including NO
The TSDs have more information about these rules.
We are evaluating the six submitted rules to determine whether they correct the deficiencies in the previous versions of the rules as set forth in our 2002 Final Rule, and thereby implement RACT under CAA sections 182(b)(2) and 182(f) and RACM/RACT under CAA sections 189(a)(1)(C) and 189(e), and whether they provide for implementation of BACM/BACT under CAA sections 189(b)(1)(B) and 189(e) for the relevant source categories. General regulatory and non-regulatory references that we used to help evaluate enforceability, RACT/RACM, and BACM/BACT requirements consistently include the following:
1. State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, U.S. EPA, 57 FR 13489, April 16, 1992.
2. State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, U.S. EPA, 57 FR 55620, November 25, 1992.
3. State Implementation Plans for Serious PM–10 Nonattainment Areas, and Attainment Date Waivers for PM–10 Nonattainment Areas Generally; Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, U.S. EPA, 59 FR 41998, August 16, 1994.
4. Issues Relating to VOC Regulation, Cutpoints, Deficiencies, and Deviations (the Blue Book), U.S. EPA, May 25, 1988.
5. “Guidance Document for Correcting VOC Rule Deficiencies”, U.S. EPA Region 9, August 21, 2001 (the little bluebook).
6. “State Implementation Plans: Policy Regarding Excess Emissions during Malfunctions, Startup, and Shutdown,” EPA policy memorandum from Steven A. Herman to Regional Administrators, September 20, 1999, and re-issuance of this memo dated December 5, 2001 (“Excess Emissions Policy”).
7. Improving Air Quality with Economic Incentive Programs, U.S. EPA Office of Air and Radiation, EPA–452/R–01–001, January 2001 (“EIP Guidance”).
8. Cost Effective Nitrogen Oxides (NO
9. Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters, State of California Air Resources Board, July 18, 1991 (“CARB 1991 RACT/BARCT Determination”).
10. Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for the Control of Oxides of Nitrogen From Stationary Gas Turbines, State of California Air Resources Board, May 18, 1992 (“CARB 1992 RACT/BARCT Determination”).
11. CAPCOA/ARB Proposed Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Stationary Internal Combustion Engines, Draft, State of California Air Resources Board, December, 1997 (“CARB Draft 1997 RACT/BARCT Determination”).
12. Determination of Reasonably Available Control Technology and Best Available Retrofit Control Technology for Stationary Spark-Ignited Internal Combustion Engines, State of California Air Resources Board, November, 2001 (“CARB 2001 RACT/BARCT Determination”).
1. SJVUAPCD removed the Westside exemption from Rules 4305, 4701, and 4703. The Westside exemption was not removed from Rule 4351 but all boilers, steam generators, and process heaters covered by that rule are now covered by Rule 4305 in which the exemption has been removed. Also, the exemption was not included in new Rules 4306 and 4702.
2. SJVUAPCD added provisions in Rule 4305 to address start-up and shutdown conditions, and the added provisions are consistent with EPA's Excess Emissions Policy. New Rule 4306 also includes satisfactory provisions to address start-up and shutdown conditions.
3. By adopting new Rules 4306 and 4702, SJVUAPCD has limited or eliminated several types of exemptions contained in Rules 4305 and 4701 that we found to be deficiencies. We note, however, that the exemption from RACT-level of control for low-use (
4. SJVUAPCD has revised Rules 4305 and 4701 to specify appropriate averaging times for emissions concentration limits. New Rules 4306 and 4702 also specify appropriate averaging times.
5. SJVUAPCD has revised Rules 4351 and 4305 to include interim parametric monitoring in instances of deferred source testing. These requirements have also been extended to new Rule 4306.
6. SJVUAPCD has revised the representative testing requirements in Rules 4351 and 4305 to make them consistent with EPA policy and has extended these requirements to new Rule 4306. SJVUAPCD has deleted the option of representative testing from Rule 4701 and has not included the option of representative testing in new Rule 4702.
7. SJVUAPCD has deleted the alternative emission control plan (AECP) provisions from Rules 4305 and 4701 but has added AECP provisions to new Rules 4306 and 4702. The AECP provisions in new Rules 4306 and 4702 include a 10% environmental benefit relative to the underlying emissions limits that would otherwise apply to each individual unit.
8. SJVUAPCD has revised Rule 4351 to be consistent with Rules 4305 and 4306 and to require physical modification of an exempted unit to assure its operation at or below the rule application capacity threshold when the unit's nameplate capacity exceeds this threshold.
9. In our 2002 Final Rule, we withdrew our previous deficiency finding related to the failure in Rule 4351 to require source tests to be performed on units using each fuel which is allowed to be burned in that unit. See 67 FR 9209, at 9211 (February 28, 2002).
10. In our 2002 Final Rule, we withdrew our previous deficiency finding related to the lack in Rule 4351 of source test requirements for certain units. See 67 FR 9209, at 9211 (February 28, 2002).
11. SJVUAPCD has revised Rule 4701 to specify what information is required to be recorded and maintained as part of record keeping requirements. New Rule 4702 also has adequate record keeping requirements.
12. SJVUAPCD has revised Rule 4701 to provide for increased frequency of required compliance testing, and has included similar provisions in new Rule 4702.
13. SJVUAPCD has revised Rule 4701 to identify more precisely what operating records and support documentation are to be maintained by owners claiming exemption to the requirements of the rule, and has included similar provisions in new Rule 4702.
14. In our 2002 Final Rule, we withdrew our previous deficiency finding related to the RACT compliance deadline of May 31, 2001 for certain internal combustion engines under Rule 4701. See 67 FR 9209, at 9212 (February 28, 2002).
15. SJVUAPCD has removed the AECP provisions in Rules 4305 and 4701 but has included such provisions in new Rules 4306 and 4702. In each of the new rules, the AECP uses a 7-day averaging to determine compliance, which is more protective than the 14-day averaging period that had been included in Rules 4305 and 4701, and which is consistent with our policies, including the EIP Guidance, given the stringency of the underlying emissions limits that otherwise apply, the practical considerations involved in equipment repair, and the incorporation of the 10% environmental benefit into the AECP formulation of the new rules.
16. SJVUAPCD has removed the AECP provisions from Rule 4701 and has eliminated the deficiency related to excessive director's discretion in specifying what method is to be used to determine the applicable conversion factor from fuel use to engine emissions in the AECP provisions of new Rule 4702 by requiring approval of equivalent methods by EPA, CARB, and the Air Pollution Control Officer (APCO).
17. SJVUAPCD has removed the AECP provisions from Rule 4701 and has not included the calculation factor that we found to be a deficiency in Rule 4701 related to electric motors in the AECP provisions of new Rule 4702.
18. SJVUAPCD has revised Rule 4703 to refer to the appropriate continuous emission monitoring system requirements and reporting requirements in 40 CFR part 60.
Based on our review of the six new or amended rules, we conclude that SJVUAPCD has adequately corrected all of the deficiencies we identified through our 2002 Final Rule. Nonetheless, we have identified several areas or items for improvement in the rules themselves or in the documentation for the rules. These areas or items for rule improvement relate to such issues as the low-use exemption from RACT for diesel engines located at major NO
SJVUAPCD has provided for the first two steps listed above through development and adoption of the
The Amended 2003 PM–10 Plan identifies significant source categories for which BACM or BACT must be demonstrated. Among the categories identified as significant in the plan are natural gas boilers and natural gas oilfield steam generators, stationary internal combustion engines, and stationary gas turbines. (Together, these source categories are estimated to have emitted 67.3 tons per day of NO
SJVUAPCD has provided documentation for the other steps in the process for determining BACM/BACT for individual source categories in the staff reports submitted with the new or amended rules. Additional documentation is provided in the CARB 1991 RACT/BARCT Determination for boilers, steam generators, and process heaters, the 1992 CARB RACT/BARCT Determination for stationary gas turbines, the 1997 Draft CARB RACT/BARCT Determination for stationary internal combustion engines, and the 2001 CARB RACT/BARCT Determination for spark-ignited stationary internal combustion engines.
With the exception of stationary internal combustion engines used for agricultural purposes (discussed below) and “small” boilers, steam generators, and process heaters (also discussed below), the new or amended rules provide a level of control that is at least as, if not more, stringent than State-level Best Available Retrofit Control Technology (BARCT), which is equivalent to that level of control required to meet the Federal BACT requirement. Two de minimis exceptions to this finding include low-use compression-ignited (diesel) engines at major NO
Both amended Rule 4701 and new Rule 4702 exempt internal combustion engines used in agriculture. These engines are typically used for irrigation purposes. Most such engines are compression-ignited (
Rules 4351, 4305, and 4306 apply to boilers, steam generators, and process heaters with heat input ratings greater than five million Btu per hour. However, the Amended PM–10 Plan concludes that small boilers, steam generators, and process heaters (
As noted above, SJVUAPCD has provided for BACM/BACT level of control of NO
Also, because the submitted rules are consistent with the assumptions and commitments for these source categories in the Amended 2003 PM–10 Plan and the
Because EPA believes the submitted SJVUAPCD Rules 4351, 4305, 4306, 4701, 4702, and 4703 fulfill all relevant requirements, we are proposing to fully
If we finalize this action as proposed, then SJVUAPCD Rules 4351, 4305, and 4306, submitted by CARB on September 29, 2003; SJVUAPCD Rules 4701 and 4702, submitted by CARB on October 9, 2003; and SJVUAPCD Rule 4703, submitted by CARB on June 18, 2002, will supercede SJVUAPCD Rules 4351, 4305, 4701 and 4703, approved by EPA on February 28, 2002 into the SJVUAPCD portion of the California SIP. This final action would terminate all sanction and Federal Implementation Plan (FIP) implications of our February 28, 2002 final action with respect to these rules.
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
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
Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements.
42 U.S.C. 7401