Federal Register: May 16, 2006 (Volume 71, Number 94)
DOCID: FR Doc E6-7411
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
EPA ID: [EPA-R09-OAR-2006-0225; FRL-8170-9]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
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 15, 2006.
DOCUMENT SUMMARY:
EPA is proposing to approve revisions to the South Coast Air
Quality Management District's (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 the SCAQMD and submitted by the California Air Resources Board (CARB).
Table 1.Submitted Rules
Local agency Rule
Prior to the submittal of the rules in Table 1, SCAQMD also adopted and submitted other revisions of these rules. While we can act on only the most recently submitted version, we have reviewed materials provided with previous submittals. EPA's technical support document (TSD) has more information about these interim superseded rules.
On August 18, 2005, November 22, 2005, and March 20, 2006, 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?
Table 2 lists the previous versions of these rules approved into the SIP.
Table 2.Current SIP Approved Version of Rules
Rule
(NOX) and Oxides of
Sulfur (SOX).
2005.......................... New Source Review for 04/20/01 10/30/01 09/04/03, 68 FR 52512. RECLAIM.
2007.......................... Trading Requirements. 12/05/03 02/20/04 07/26/04, 69 FR 44461.
2010.......................... Administrative 05/11/01 05/31/01 09/04/03, 68 FR 52512. Remedies and
Sanctions.
2011.......................... Requirements for 12/05/03 02/20/04 07/26/04, 69 FR 44461. Monitoring,
Reporting, and
Recordkeeping for
Oxides of Sulfur
(SOX) Emissions.
2011 Protocol Appendix A...... Protocol for 03/16/01 05/31/01 09/04/03, 68 FR 52512. Monitoring,
Reporting, and
Recordkeeping for
Oxides of Sulfur
(SOX) Emissions.
2012.......................... Requirements for 12/05/03 02/20/04 07/26/04, 69 FR 44461. Monitoring,
Reporting, and
Recordkeeping for
Oxides of Nitrogen
(NOX) Emissions.
2012 Protocol Appendix A...... Protocol for 03/16/01 05/31/01 09/04/03, 68 FR 52512. Monitoring,
Reporting, and
Recordkeeping for
Oxides of Nitrogen
(NOX) Emissions.
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C. What is the purpose of the submitted rule revisions?
NO
The primary purposes of the 2005 amendments to the RECLAIM rules were to:
(1) Lower the regional NO
(2) Remove the remaining trading restrictions placed on the power producers.
(3) Modify the monitoring, recordkeeping, and reporting
requirements and protocols, including: adding a new NO
(4) Modify the NSR requirements for RECLAIM sources to allow
sources to sell unused RTCs at the end of a quarter instead of the end
of the compliance year, provided the source accepts an enforceable
permit condition which establishes a quarterly emissions limitation.
(5) Implement other administrative and clarifying changes. While
ship emissions are not counted toward the applicability thresholds to
determine if the source is subject to RECLAIM, the rule amendments
clarify that ship emissions at a new or relocated RECLAIM facility
subject to New Source Review is to be counted as part of the total
emissions which must be offset. Because of recent changes in the state
that requires the permitting and regulation of agricultural sources,
the rule was amended to clarify that agricultural sources are exempt from the RECLAIM program.
EPA's 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)), and must not relax existing requirements (see sections 110(l) and 193). The SCAQMD regulates a 1hour ozone nonattainment area (see 40 CFR 81), so Regulation XX (Rules 2000 to 2020) 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,'' EPA 452/R01001, (the EIP guidance) January 2001.
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. While some of rule amendments could arguably be viewed as a rule relaxation (e.g. allowing sources to sell unused RTCs at the end of a quarter instead of at the end of the year), other rule amendments are strengthening (e.g. requiring such sources to be subject to a quarterly emissions limit in their permit, and clarifying that ship emissions, at a new or relocated RECLAIM facility subject to New Source Review, are part of total emissions which must be offset). Also, the amendments result in significant additional emission reductions through the lowering of the emissions cap in the year 2007. Consequently, EPA believes that the amendments on balance are strengthening. 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
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proposes to approve preexisting 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 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 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: April 27, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. E67411 Filed 51506; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Lily Wong, EPA Region IX, (415) 947- 4114, wong.lily@epa.gov.