

[Federal Register: May 30, 2007 (Volume 72, Number 103)]
[Rules and Regulations]               
[Page 29886-29889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my07-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2007-0236; FRL-8315-9]

 
Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action 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 (2.0 MMBtu/hr to 5.0 
MMBtu/hr, and 0.075 MMBtu/hr to 2.0 MMBtu/hr); Dryers, Dehydrators, and 
Ovens; Natural Gas-Fired, Fan-Type

[[Page 29887]]

Residential Central Furnaces; and Solid Fuel Fired Boilers, Steam 
Generators and Process Heaters. We are approving local rules that 
regulate these emission sources under the Clean Air Act as amended in 
1990 (CAA or the Act).

DATES: This rule is effective on July 30, 2007 without further notice, 
unless EPA receives adverse comments by June 29, 2007. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-0236, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 

the on-line instructions.
    2. E-mail: steckel.andrew@epa.gov.
    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 http://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 the 
http://www.regulations.gov or e-mail http://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 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: Francisco D[oacute][ntilde]ez, EPA 
Region IX, (415) 972-3956, Donez.Francisco@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules and rule 
revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA recommendations to further improve the rules
    D. Public comment and final action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
               Local agency                   Rule No.             Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..................................         4307  Boilers, Steam Generators and     04/20/06     10/05/06
                                                          Process Heaters--2.0 MMBtu/
                                                          hr to 5.0 MMBtu/hr.
SJVUAPCD..................................         4308  Boilers, Steam Generators and     10/20/05     03/10/06
                                                          Process Heaters--0.075 MMBtu/
                                                          hr to 2.0 MMBtu/hr.
SJVUAPCD..................................         4309  Dryers, Dehydrators, and          12/15/05     03/10/06
                                                          Ovens.
SJVUAPCD..................................         4352  Solid Fuel Fired Boilers,         05/18/06     10/05/06
                                                          Steam Generators and Process
                                                          Heaters.
SJVUAPCD..................................         4905  Natural Gas-Fired, Fan-Type       10/20/05     03/10/06
                                                          Residential Central Furnaces.
----------------------------------------------------------------------------------------------------------------

    On March 30, 2006, the submittals of Rules 4308, 4309, and 4905 
were found to meet the completeness criteria in 40 CFR Part 51 Appendix 
V, which must be met before formal EPA review. On October 24, 2006, the 
submittals of Rules 4307 and 4352 were found to meet these completeness 
criteria.

B. Are there other versions of these rules?

    Rules 4308, 4309, and 4905 are new rules submitted to us for the 
first time. There are no previous versions of Rule 4307 in the SIP, 
although the SJVUAPCD adopted an earlier version of this rule on 
December 15, 2005, and CARB submitted it to us on March 10, 2006. We 
approved a version of Rule 4352 into the SIP on February 11, 1999 (64 
FR 6803). The SJVUAPCD adopted revisions to the SIP-approved version on 
May 18, 2006 and CARB submitted them to us on October 5, 2006. While we 
can act on only the most recently submitted version, we have reviewed 
materials provided with previous submittals.

C. What is the purpose of the submitted rules and rule revisions?

    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. The amendments to Rule 4307 are 
purely administrative, and do no change any emissions reduction 
requirements. New Rule 4308 requires that small boilers, steam 
generators and process heaters (0.075 to 2.0 million British thermal 
units per hour, MMBtu/hr) be certified to meet NOX emission 
limits. New Rule 4309 limits NOX and carbon monoxide (CO) 
emissions from dryers, dehydrators and ovens with total rated heat 
input of 5.0 MMBtu/hr or greater. The amendments to Rule 4352 expand 
the rule's scope to apply to units with potential NOX 
emissions of 10 tons per year; the emissions limits have also been 
strengthened. New Rule 4905 limits NOX emissions from 
natural gas-fired, fan-type residential central furnaces with a rated 
heat input capacity of less than 175,000 Btu/hr, or a rated cooling 
capacity of less than 65,000 Btu/hr for combination heating and cooling 
units. EPA's technical support documents (TSD) have more information 
about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must require Reasonably Available

[[Page 29888]]

Control Technology (RACT) for each category of sources covered by a 
Control Technique Guideline (CTG) document as well as each major source 
in nonattainment areas (see sections 182(a)(2) and 182(f)), and must 
not relax existing requirements (see sections 110(l) and 193). The 
SJVUAPCD regulates a ``serious'' ozone nonattainment area (see 40 CFR 
part 81), so Rules 4307, 4308, 4309, 4352, and 4905 must fulfill RACT. 
In addition, the San Joaquin Valley is a ``serious'' particulate matter 
(PM-10) nonattainment area, and is therefore required under section 
189(b)(1)(B) and (e) of the Act to implement Best Available Control 
Measures (BACM) (which includes Best Available Control Technology or 
BACT) for control of PM-10 precursor emissions, including 
NOX.
    Guidance and policy documents that we use to help evaluate 
enforceability and RACT 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,'' U.S. EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' U.S. 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,'' California Air Resources Board, July 18, 1991.
    5. ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers,'' 
U.S. EPA, EPA-453/R-94-022, March 1994.
    6. ``State Implementation Plans: Policy Regarding Excess Emissions 
during Malfunctions, Startup, and Shutdown,'' U.S. EPA Memorandum to 
Regional Administrators, September 20, 1999.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, BACM, and SIP relaxations. The 
TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that do not affect 
EPA(s current action but are recommended for the next time the local 
agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
However, in the Proposed Rules section of this Federal Register, we are 
simultaneously proposing approval of the same submitted rules. If we 
receive adverse comments by June 29, 2007, we will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on July 30, 2007. This will incorporate these 
rules into the federally enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. 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. 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,

[[Page 29889]]

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 July 30, 2007. 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, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: April 30, 2007.
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)(344)(i)(C) and 
(347) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (344) * * *
    (i) * * *
    (C) San Joaquin Valley Unified Air Quality Management District.
    (1) Rule 4308, adopted on October 20, 2005; Rule 4309, adopted on 
December 15, 2005; and Rule 4905, adopted on October 20, 2005.
* * * * *
    (347) New and amended regulations for the following APCDs were 
submitted on October 5, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4307, adopted on April 20, 2006; and Rule 4352, adopted on 
May 18, 2006.
* * * * *
 [FR Doc. E7-10236 Filed 5-29-07; 8:45 am]

BILLING CODE 6560-50-P
