[Federal Register: April 21, 2004 (Volume 69, Number 77)]
[Proposed Rules]
[Page 21482-21484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap04-22]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 284-0443; FRL-7650-1]
Revisions to the California State Implementation Plan, Antelope
Valley Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing a limited approval and limited disapproval of
revisions to the Antelope Valley Air Quality Management District
(AVAQMD) portion of the California State Implementation Plan (SIP).
These revisions concern oxides of nitrogen (NOX) emissions
from internal combustion engines. We are proposing action on a local
rule that regulates 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.
DATES: Any comments must arrive by May 21, 2004.
ADDRESSES: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
http://www.regulations.gov.
You can inspect copies of the submitted SIP revisions, EPA's
technical support document (TSD), and public
[[Page 21483]]
comments at our Region IX office during normal business hours by
appointment. You may also see copies of the submitted SIP revisions by
appointment at the following locations:
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Antelope Valley AQMD, 43301 Division St., Ste. 206, Lancaster, CA
93535-4649.
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
an EPA Web site and may not contain the same version of the rule that
was submitted to EPA.
FOR FURTHER INFORMATION CONTACT: Thomas C. Canaday, EPA Region IX,
(415) 947-4121, canaday.tom@epa.gov.
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?
II. EPA's Evaluation and Action
A. How is EPA Evaluating the Rule?
B. Does the Rule Meet the Evaluation Criteria?
C. What are the Rule Deficiencies?
D. EPA Recommendations to Further Improve the Rule.
E. Proposed Action and Public Comment.
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 1.--Submitted Rule
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Rule Rule title Adopted Submitted
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AVAQMD.................................... 1110.2 Emissions From Stationary, 01/21/03 04/01/03
Non-road & Portable Internal
Combustion Engines.
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On May 13, 2003, 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?
There is no previous version of Rule 1110.2 in the SIP, although
the AVAQMD adopted an earlier version of this rule on November 15,
2000, and CARB submitted it to us on March 14, 2001. While we can act
on only the most recently submitted version, we have reviewed materials
provided with previous submittals.
C. What is the Purpose of the Submitted Rule?
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. Rule 1110.2 regulates NOX
emissions from stationary internal combustion engines over 50 brake
horsepower (bhp) and portable internal combustion engines over 100 bhp.
The TSD has more information about this rule.
II. EPA's Evaluation and Action
A. How is EPA Evaluating the Rule?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
major sources of NOX and volatile organic compounds in ozone
nonattainment areas (see section 182(b)(2) and 182(f)), and must not
relax existing requirements (see sections 110(l) and 193). The AVAQMD
regulates a ``severe'' ozone nonattainment area (see 40 CFR 81), so
Rule 1110.2 must fulfill RACT.\1\
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\1\ AVAQMD has jurisdiction over stationary sources in Antelope
Valley, which is the Los Angeles County portion of the ``Southeast
Desert Modified Air Quality Maintenance Area,'' which also includes
portions of Riverside and San Bernardino Counties.
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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 NOX Supplement), 57 FR 55620,
November 25, 1992.
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.
4. Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Stationary Spark-Ignited
Internal Combustion Engines, State of California Air Resources Board,
November, 2001.
5. ``Nitrogen Oxides (NOX) Questions from Ohio EPA,''
EPA memorandum, Tom Helms, Chief, Ozone/Carbon Monoxide Programs
Branch, to Air Enforcement Branch, EPA Region V, March 30, 1994.
B. Does the Rule Meet the Evaluation Criteria?
AVAQMD Rule 1110.2 improves the SIP by establishing emission limits
for stationary and portable internal combustion engines and by
specifying monitoring, reporting and recordkeeping provisions. This
rule is largely consistent with the relevant policy and guidance
regarding enforceability, RACT and SIP relaxations. Rule provisions
which do not meet the evaluation criteria are summarized below and
discussed further in the TSD.
C. What are the Rule Deficiencies?
Rule 1110.2 exempts internal combustion engines used in
agriculture. These engines are typically used for irrigation purposes.
The AVAQMD regulates an ozone nonattainment area so Rule 1110.2 must
fulfill RACT for all engines located at major sources. Therefore this
agricultural exemption conflicts with section 110 and part D of the Act
and prevents full approval of the SIP revision. Rule 1110.2 also
exempts from most regulation those internal combustion engines used for
snow manufacture and ski lifts during seasonal operations from November
1 through April 15 each year. It is unclear whether this exemption, as
stated, is consistent with section 110 and part D of the Act.
Justification for this exemption must be provided when a revised rule
is submitted or the exemption should be removed.
[[Page 21484]]
D. EPA Recommendations to Further Improve the Rule
AVAQMD should correct the reference in subsection (C)(2)(b) to
subsection (C)(1)(c). The correct reference is to (C)(1)(a)(iii).
Subsections (E)(3) and (G)(2) should be revised to require record
retention for five years, rather than two.
E. Proposed Action and Public Comment
As authorized in sections 110(k)(3) and 301(a) of the Act, EPA is
proposing a limited approval of the submitted rule to improve the SIP.
If finalized, this action would incorporate the submitted rule into the
SIP, including those provisions identified as deficient. This approval
is limited because EPA is simultaneously proposing a limited
disapproval of the rule under section 110(k)(3). If this disapproval is
finalized, sanctions will be imposed under section 179 of the Act
unless EPA approves subsequent SIP revisions that correct the rule
deficiency within 18 months. These sanctions would be imposed according
to 40 CFR 52.31. A final disapproval would also trigger the federal
implementation plan (FIP) requirement under section 110(c). Note that
the submitted rule has been adopted by the AVAQMD, and EPA's final
limited disapproval would not prevent the local agency from enforcing
it.
We will accept comments from the public on the proposed limited
approval and limited disapproval for the next 30 days.
III. 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. 104-4).
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: March 30, 2004.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 04-9043 Filed 4-20-04; 8:45 am]
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