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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
CA ID: [CA302-0454; FRL-7665-8]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY: Revisions to the California State Implementation Plan, South Coast Air Quality Management District
DATES: Any comments must arrive by June 21, 2004.
DOCUMENT SUMMARY: EPA is proposing to approve revisions to the South Coast Air
Quality Management District (SCAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern oxides of nitrogen
(NO
SUMMARY: California,
SUPPLEMENTAL 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. 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 local air agency and submitted by the California Air Resources Board (CARB).
Table 1.Submitted Rules Rule < greek
Local agency i> Rule title Adopted Submitted
SCAQMD............................... 2007 Trading Requirements........ 12/05/03 02/20/04
SCAQMD............................... 2011 Requirements for Monitoring, 12/05/03 02/20/04
Reporting, and
Recordkeeping for Oxides of
Sulfur (SOX) Emissions.
SCAQMD............................... 2012 Requirements for Monitoring, 12/05/03 02/20/04
Reporting, and
Recordkeeping for Oxides of
Nitrogen (NOX) Emissions. [[Page 29251]]
On March 19, 2004, 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 previous versions of Rules 2007, 2011 and 2012 into the SIP on September 4, 2003.
C. What Is the Purpose of the Submitted Rule Revisions?
The RECLAIM program is intended to allow facilities subject to the program to meet their emission reduction requirements in the most cost effective manner. The program was designed to provide incentives for industry to reduce emissions and develop innovative pollution control technologies, as well as give facilities added flexibility in meeting emission reduction requirements. Each facility under the program was given an allocation of RECLAIM Trading Credits (RTCs) based on a declining balance equivalent to the emissions levels that would have occurred if the facility continued to operate under the then current commandandcontrol regulations. Facilities within the RECLAIM program must reconcile their emissions with their RTC holdings and have the option of doing so by either installing control equipment, modifying their activity, or purchasing RTCs from other facilities.
Beginning in June 2000, RECLAIM program participants experienced a
sharp and sudden increase in NO
The submitted rule revisions that are the subject of today's notice
of proposed rulemaking allow power producing facilities to reenter the
general trading market of the RECLAIM program. Further rule revisions
adopted by SCAQMD clarify the Continuous Emission Monitoring Systems
(CEMS) requirements for modified equipment operated at RECLAIM
facilities. With regard to the power producing facilities, Rule 2007
Trading Requirements has been revised to lift the trading restrictions
that were placed on power producers under the previous amendments to
the RECLAIM program. The currently submitted changes to Rule 2007 allow
power producers to use RECLAIM trading credits (RTCs) to reconcile
emissions, and to sell or transfer RTCs below their original allocation
after compliance year 2003. Rule 2011Requirements for Monitoring,
Reporting, and Recordkeeping for Oxides of Sulfur (SO
The 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 major sources in nonattainment areas (see section 182(a)(2)(A) and 182(f) of the Act), and must not relax existing requirements (see sections 110(l) and 193 of the Act). The SCAQMD regulates an ozone nonattainment area (see 40 CFR part 81), so Rules 2007, 2011, and 2012 must fulfill RACT.
Guidance and policy documents that we used 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 NO
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. ``Improving Air Quality with Economic Incentive Programs,'' January 2001, Office of Air and Radiation, EPA452/R01001 (EIP Guidance). This guidance applies to discretionary economic incentive programs (EIPs) and represents the agency's interpretation of what EIPs should contain in order to meet the requirements of the CAA. B. Do the Rules Meet the Evaluation Criteria?
We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT, and SIP relaxations. The TSD has more information on our evaluation.
C. 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.
IV. Statutory and Executive Order Reviews
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 et seq.). Because this rule proposes to approve 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. 1044).
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
[[Page 29252]]
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 state rules 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 note) do not apply. This proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 11, 2004.
Laura Yoshii,
Deputy Regional Administrator, Region IX.
[FR Doc. 0411559 Filed 52004; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Thomas C. Canaday, EPA Region IX, (415) 9474121, canaday.tom@epa.gov.
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