
[Federal Register: August 14, 2009 (Volume 74, Number 156)]
[Proposed Rules]               
[Page 41104-41106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au09-24]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0474; FRL-8945-8]

 
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 (SJVAPCD) portion of the 
California State Implementation Plan (SIP). These revisions 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). We are taking comments on this 
proposal and plan to follow with a final action.

DATES: Any comments must arrive by September 14, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0474, by one of the following methods:
    1. Federal eRulemaking Portal: 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 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

[[Page 41105]]

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 Perez, EPA Region IX, (415) 
972-3248, perez.idalia@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 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 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).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency               Rule No.                Rule title                  Adopted    Submitted
----------------------------------------------------------------------------------------------------------------
SJVAPCD..............................       4306  Boilers, Steam Generators and Process     10/16/08    03/17/09
                                                   Heaters--Phase 3.
SJVAPCD..............................       4307  Boilers, Steam Generators and Process     10/16/08    03/17/09
                                                   Heaters--2.0 MMbtu/hr to 5.0 MMbtu/hr.
----------------------------------------------------------------------------------------------------------------

    On April 20, 2009, these rule submittals were 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 these rules?

    We approved a version of Rule 4306 into the SIP on May 18, 2004 and 
of Rule 4307 on May 30, 2007. There are no outstanding submittals of 
these Rules.

C. What is the purpose of the submitted 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. PM contributes to effects that are 
harmful to human health and the environment, including premature 
mortality, aggravation of respiratory and cardiovascular disease, 
decreased lung function, visibility impairment, and damage to 
vegetation and ecosystems. Section 110(a) of the CAA requires States to 
submit regulations that control PM emissions. Rule 4306 limits 
NOX and Carbon Monoxide (CO) emissions from boilers, steam 
generators and process heaters fired on gaseous or liquid fuel with a 
total rated heat input larger than 5 MMBtu/hour. This Rule was amended 
to address an EPA concern. Rule 4307 limits NOX, 
SO2, PM10 and CO emissions from boilers, steam 
generators and process heaters fired on gaseous or liquid fuel with a 
total rated heat input between 2 and 5 MMBtu/hour. Rule 4307 was 
amended to include requirements to regulate SO2 and 
PM10 emissions as well as to strengthen the emission limits 
for NOX. EPA's technical support document (TSD) has 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 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)), and must not relax existing 
requirements (see sections 110(l) and 193). The SJVAPCD regulates an 
ozone nonattainment area (see 40 CFR part 81), so Rules 4306 and 4307 
must fulfill RACT. In addition, SIP rules must implement Reasonably 
Available Control Measures (RACM), including Reasonably Available 
Control Technology (RACT), in nonattainment areas (see CAA sections 
172(c)(1)). The SJVAPCD regulates a PM-2.5 nonattainment area (see 40 
CFR part 81), so Rules 4306 and 4307 must implement a RACM level of 
control.
    Guidance and policy documents that we use to help 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. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498, April 16, 1992; 57 FR 18070, April 28, 1992.
    5. ``Clean Air Fine Particle Implementation Rule'' 72 FR 20586, 
April 25, 2007.
    6. ``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.
    7. ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'', US 
EPA 453/R-94-022, March 1994.
    8. ``Alternative Control Techniques Document--NOX 
Emissions from Utility Boilers'', US EPA 452/R-93-008, March 1994.

[[Page 41106]]

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, RACM 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

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them 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 these rules 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 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: August 3, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9-19514 Filed 8-13-09; 8:45 am]

BILLING CODE 6560-50-P
