Federal Register: January 22, 2010 (Volume 75, Number 14)

DOCID: fr22ja10-18 FR Doc 2010-1184

ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 52

EPA ID: [EPA-R09-OAR-2009-0960; FRL-9105-8]

NOTICE: PROPOSED RULES

DOCID: fr22ja10-18

ACTION: Conditional Approvals and Promulgations of State Implementation Plans:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY:

Revisions to the California State Implementation Plan

DATES: Any comments must arrive by February 22, 2010.

DOCUMENT 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) from residential water heaters. 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.

SUMMARY:

Revisions to the California State Implementation Plan

SUPPLEMENTAL INFORMATION

Throughout this document, ``we,'' ``us'' and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal

A. What rule did the State submit?

B. Are there other versions of this rule?

C. What is the purpose of the submitted rule revision? II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

B. Does the rule meet the evaluation criteria?

C. EPA Recommendations to Further Improve the rule

D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal

A. What rule did the State submit?

Table 1 lists the rule addressed by this proposal with the date that it was adopted by the local air agency and submitted by the California Air Resources Board (CARB).
Table 1Submitted Rule Local agency Rule No. Rule title Adopted Submitted SJVAPCD.................................. 4902 Residential Water Heaters.. 03/19/09 04/29/09

On 07/20/09, EPA determined that the submittal for SJVAPCD Rule 4902 met the completeness criteria in 40 CFR Part 51, Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

We approved an earlier version of Rule 4902 into the SIP on February 17, 2004 (69 FR 7370).

C. What is the purpose of the submitted rule revision?

NOX emissions help produce groundlevel 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. Rule 4902 limits NOX, emissions from residential water heaters and was amended to extend the applicability of the rule and strengthen the emission limits for NOX. EPA's technical support document (TSD) has more information about this rule.
II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

Generally, SIP rules for NOX emissions must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for each major source in ozone nonattainment areas classified as moderate or above (see sections 182(b)(2) and 182(f)), and must not relax existing requirements (see sections 110(l) and 193). Although the SJVAPCD regulates a serious (8 hour) and extreme (1hour) ozone nonattainment area, submitted Rule 4902 is not subject to RACT because it is applies only to sources that are not major sources of NOX.

Guidance and policy documents that we use to evaluate enforceability requirements consistently include the following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (the Bluebook).

2. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Does the rule meet the evaluation criteria?

We believe this rule is consistent with the relevant requirements, policy and guidance regarding enforceability and SIP relaxations. The TSD has more information on our evaluation.

C. EPA recommendations to further improve this rule. We do not have further recommendations to improve this rule.

D. Public comment and final action.

Because EPA believes the submitted rule fulfills all relevant requirements, we are proposing to fully approve it under 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 this rule 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 proposes to approve State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law.

For that reason, this proposed 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. 1044);
  • 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
    [[Page 3682]]
    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 proposed 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, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 29, 2009.
    Jane Diamond,
    Acting Deputy Regional Administrator, Region IX.
    [FR Doc. 20101184 Filed 12110; 8:45 am]
    BILLING CODE 656050P

    FOR FURTHER INFORMATION CONTACT

    Idalia Perez, EPA Region IX, (415) 9723248, perez.idalia@epa.gov.

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