[Federal Register: February 27, 2003 (Volume 68, Number 39)]
[Rules and Regulations]
[Page 9015-9017]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe03-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 269-0382a; FRL-7451-6]
Revisions to the California State Implementation Plan, Mojave
Desert Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Mojave Desert Air Quality Management District (MDAQMD) portion of the
California State Implementation Plan (SIP). These revisions concern
Oxides of Nitrogen (NOX) emissions from Portland cement
kilns. We are approving a local rule that regulates these emission
sources under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on April 28, 2003 without further notice,
unless EPA receives adverse comments by March 31, 2003. If we receive
such comment, we will publish a timely withdrawal in the Federal
Register to notify the public that this rule will not take effect.
ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105-3901.
You can inspect copies of the submitted SIP revisions and EPA's
technical support document (TSD) at our Region IX office during normal
business hours. You may also see copies of the submitted SIP revisions
at the following locations:
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail
Code 6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Mojave Desert Air Quality Management District, 14306 Park Avenue,
Victorville, California 92392.
A copy of the rule may also be available via the Internet at http:/
/www.arb.ca.gov/drdb/drdbltxt.htm.
Please be advised that this is not
/www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not
an EPA website and may not contain the same version of the rule that
was submitted to EPA.
FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, EPA Region IX, (415)
972-3960.
SUPPLEMENTARY 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 revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating this rule?
B. Does this rule meet the evaluation criteria?
C. Public comment and final action.
III. Background Information
A. Why was this rule submitted?
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What Rule Did the State Submit?
Table 1 lists the rule we are approving with the date that it was
adopted by the local air agency and submitted by the California Air
Resources Board (CARB).
Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Rule Rule title Adopted Submitted
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MDAQMD.................................... 1161 Portland Cement Kilns........ 3/25/02 6/18/02
----------------------------------------------------------------------------------------------------------------
On July 23, 2002, this rule submittal was 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 This Rule?
MDAQMD adopted an earlier version of this rule on October 22, 2001,
and CARB submitted it to us on November 8, 2001. We published approval
of this previous version of Rule 1161 into the SIP on January 2, 2002
(67 FR 19).
C. What Is the Purpose of the Submitted Rule Revisions?
Rule 1161 applies to cement manufacturing operations within the
Federal ozone non-attainment area
[[Page 9016]]
regulated by the MDAQMD. This rule controls emission of NOX
from Portland cement kilns. On January 2, 2002, the EPA finalized
approval of a previous version of this rule. CARB submitted comments on
the previous version of proposed rule 1161 a few days prior to its
scheduled adoption in October 2001. Because delaying adoption could
have resulted in offset and highway sanctions for the region, MDAQMD
committed to CARB that it would address CARB's comments no later than
May 2002.
On March 25, 2002, MDAQMD adopted the amended rule 1161. On June
18, 2002, CARB submitted the revised version of rule 1161 for approval
into the SIP. Rule 1161, as revised, addresses CARB's comments.
The TSD has more information about this rule.
II. EPA's Evaluation and Action
A. How Is EPA Evaluating This Rule?
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 sections 182(a)(2)(A) and
182(f)), and must not relax existing requirements (see sections 110(l)
and 193). The MDAQMD regulates an ozone nonattainment area (see 40 CFR
part 81), so Rule 1161 must fulfill RACT.
Guidance and policy documents that we used to help evaluate
enforceability and RACT requirements consistently include the
following:
1. Issue Relating to VOC Regulation, Cut points, Deficiencies, and
Deviations (the Blue Book), U.S. EPA, May 25, 1988.
2. ``Guidance Document for Correcting VOC Rule Deficiencies'', U.S.
EPA Region 9, August 21, 2001 (the little bluebook).
3. State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble for the Implementation of Title I of the Clean Air Act
Amendment of 1990 (the ``NOX Supplement to the General
Preamble''), U.S. EPA, 57 FR 55620, November 25, 1992.
4. Nitrogen Oxides (NOX) Reasonably Available Control
Technology (RACT) for the Repowering of Utility Boilers, U.S. EPA
Office of Air Quality Planning and Standards, March 9, 1994.
5. Alternative Control Techniques (ACT) Document, NOX
Emission from Cement Manufacturing, U.S. EPA, March 1994, EPA 453/R-94-
004.
6. State Implementation Plans (SIPS): Policy Regarding Excess
Emissions During Malfunctions, Startup, and Shutdown, dated September
20, 1999.
B. Does This Rule Meet the Evaluation Criteria?
We believe this rule is 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
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rule because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rule. If we
receive adverse comments by March 31, 2003, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on April 28, 2003. This will incorporate this
rule into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Background Information
Why Was This Rule Submitted?
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. Table 2 lists some of the national
milestones leading to the submittal of this local agency NOX
rule.
Table 2.--Ozone Nonattainment Milestones
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Date Event
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March 3, 1978..................... EPA promulgated a list of ozone
nonattainment areas under the Clean
Air Act as amended in 1977. 43 FR
8964; 40 CFR 81.305.
May 26, 1988...................... EPA notified Governors that parts of
their SIPs were inadequate to
attain and maintain the ozone
standard and requested that they
correct the deficiencies (EPA's SIP-
Call). See section 110(a)(2)(H) of
the pre-amended Act.
November 15, 1990................. Clean Air Act Amendments of 1990
were enacted. Pub. L. 101-549, 104
Stat. 2399, codified at 42 U.S.C.
7401-7671q.
May 15, 1991...................... Section 182(a)(2)(A) requires that
ozone nonattainment areas correct
deficient RACT rules by this date.
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IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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. 104-4).
This 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,
[[Page 9017]]
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 approves 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 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 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.).
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 rule 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 April 28, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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,
Reporting and recordkeeping requirements.
Dated: January 31, 2003.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraph (c)(300) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(300) Amended regulations for the following APCDs were submitted on
June 18, 2002, by the Governor's designee.
(i) Incorporation by reference.
(A) Mojave Desert Air Quality Management District.
(1) Rule 1161 amended on March 25, 2002.
* * * * *
[FR Doc. 03-4513 Filed 2-26-03; 8:45 am]
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