
[Federal Register: January 13, 2010 (Volume 75, Number 8)]
[Rules and Regulations]               
[Page 1715-1716]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja10-12]                         

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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, perez.idalia@epa.gov.

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.

----------------------------------------------------------------------------------------------------------------
               Local agency                   Rule No.             Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 6560-50-P

