[Federal Register: May 9, 2008 (Volume 73, Number 91)]
[Proposed Rules]
[Page 26355-26357]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my08-23]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2008-0237; FRL-8564-2]
Revisions to the California State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the Ventura County
Air Pollution Control District (VCAPCD) portion of the California State
Implementation Plan (SIP). These revisions concern oxides of nitrogen
(NOX) emissions from stationary internal combustion engines.
We are approving 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 June 9, 2008.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0237, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or e-mail.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Francisco D[oacute][ntilde]ez, EPA
Region IX, (415) 972-3956, Donez.Francisco@epa.gov.
[[Page 26356]]
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 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 shows the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board.
Table 1.--Submitted Rule
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Local agency Rule No. Rule title Adopted Submitted
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VCAPCD................................. 74.9 Stationary Internal 11/08/05 03/10/06
Combustion Engines.
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On March 30, 2006, 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?
We approved a version of Rule 74.9 into the SIP on October 25, 2002
(67 FR 65501).
C. What is the purpose of the submitted rule revisions?
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 74.9 regulates NOX
and carbon monoxide (CO) emissions from stationary internal combustion
engines rated at 50 or more horsepower. The submitted rule contains
three major revisions, originally suggested by EPA in the technical
support document (TSD) for the SIP-approved version.
The submitted rule requires biennial source tests and
quarterly NOX screening tests with hand-held instrument,
rather than relying exclusively on annual source testing.
The submitted rule requires the installation of non-
resettable elapsed operating time meters in order to qualify for rule
exemptions involving engine operating hours.
The requirement for biennial source testing to verify
compliance with all emission limits has been clarified in the submitted
rule.
In addition, the revised rule includes a new limitation on CO
emissions for new engines. CO emissions are limited to 2000 ppmv for
all stationary engines installed after adoption of the amended rule.
EPA's 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
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and 182(f)), and must not relax existing
requirements (see sections 110(l) and 193). The VCAPCD regulates an
ozone nonattainment area (see 40 CFR part 81), so Rule 74.9 must
fulfill RACT.
Guidance and policy documents that we use 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 (the Little Bluebook).
4. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Stationary Spark-Ignited
Internal Combustion Engines,'' California Air Resources Board, November
2001.
B. Does the rule meet the evaluation criteria?
We believe this rule is consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. We note
in the TSD that the revised rule (subsection D.5) exempts engines used
in agricultural operations. Such an exemption is generally
impermissible under the RACT requirements of CAA Sections 182(a)(2) and
(f). However, the District submitted a convincing demonstration that
there are no agricultural sources within the VCAPCD that meet the major
source threshold for NOX emissions, and that therefore the
agricultural exemption does not violate RACT requirements. The TSD has
more information on our evaluation.
C. EPA Recommendations to Further Improve the Rule
The TSD describes additional rule revisions that do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rule.
D. Public Comment and Final Action
Because EPA believes the submitted rule fulfills all relevant
requirements, we are proposing to fully approve it 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 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 approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office
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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. 104-4);
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 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 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, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 22, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E8-10405 Filed 5-8-08; 8:45 am]
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