[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Proposed Rules]
[Pages 13379-13382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6507]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 011-0134 FRL-6309-7]
Approval and Promulgation of State Implementation Plans;
California State Implementation Plan Revision, South Coast Air Quality
Management District, San Joaquin Valley Unified Air Pollution Control
District, Siskiyou County Air Pollution Control District, and Bay Area
Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing a limited approval of revisions to the
California State Implementation Plan (SIP) which concerns the control
of the sulfur content of fuels within the South Coast Air Quality
Management District and the Siskiyou County Air Pollution Control
District, emissions of sulfuric acid mist within the San Joaquin Valley
Unified Air Pollution Control District and emissions of sulfur dioxide
within the Bay Area Air Quality Management District.
The intended effect of proposing a limited approval of these rules
is to regulate emissions of sulfur dioxide (SO2) in
accordance with the requirements of the Clean Air Act, as amended in
1990 (CAA or ``Act''). EPA's final action on this proposed rulemaking
will incorporate these rules into the federally approved SIP. EPA has
evaluated the rules and is proposing a limited approval under
provisions of the CAA regarding EPA action on SIP submittals and
general rulemaking authority because these revisions, while
strengthening the SIP, also do not fully meet the CAA provisions
regarding plan submissions.
DATES: Comments must be received on or before April 19, 1999.
ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking Office
[AIR-4], Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901.
Copies of the rules and EPA's evaluation reports of the rules are
available for public inspection at EPA's Region IX office during normal
business hours. Copies of the submitted rules are also available for
inspection at the following locations:
Environmental Protection Agency, Air Docket, 401 ``M'' Street, SW.,
Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109-7714.
San Joaquin Valley Unified Air Pollution Control District, 1990 E.
Gettysburg Ave., Fresno, CA 93726.
Siskiyou County Air Pollution Control District, 525 South Foothill Dr.,
Yreka, CA 96097
South Coast Air Quality Management District, 21865 E. Copley Dr.,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Stanley Tong, Rulemaking Office, [AIR-
4], Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105-3901 Telephone: (415) 744-
1191.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being proposed for approval into the California SIP
include South Coast Air Quality Management District (SCAQMD) Rule
431.2, Sulfur Content of Liquid Fuels, San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD) Rule 4802, Sulfuric Acid Mist,
Siskiyou County Air Pollution Control District (SCAPCD) Rule 4.14,
Sulfur Content of Fuels and Bay Area Air Quality Management District
(BAAQMD) Regulation 9 Rule 1, Sulfur Dioxide. SCAQMD Rule 431.2 and
SCAPCD Rule 4.14 were submitted by the California Air Resources Board
(CARB) to EPA on December 31, 1990, BAAQMD Regulation 9 Rule 1 was
submitted by CARB to EPA on September 14, 1992, and SJVUAPCD Rule 4802
was submitted by CARB to EPA on November 18, 1993.
II. Background
40 CFR 81.305 provides the attainment status designations for air
districts in California. South Coast Air Quality Management District
1, San Joaquin Valley Unified Air Pollution Control
District, Siskiyou County Air Pollution Control District and Bay Area
Air Quality Management District are listed as being in attainment for
the national ambient air quality standards (NAAQS) for sulfur dioxide
(SO2). Therefore, for purposes of controlling
SO2, these rules need only comply with the general
provisions of Section 110 of the Act.
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\1\ This Federal Register action for the South Coast Air Quality
Management District excludes the Los Angeles County portion of the
Southeast Desert AQMA, otherwise known as the Antelope Valley Region
in Los Angeles County, which is now under the jurisdiction of the
Antelope Valley Air Pollution Control District as of July 1, 1997.
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Sulfur dioxide is formed by the combustion of fuels containing
sulfur compounds. SCAQMD adopted Rule 431.2, Sulfur Content of Liquid
Fuels, on May 4, 1990. SCAPCD adopted Rule 4.14, Sulfur Content of
Fuels, on July 11, 1989. On December 31, 1990 the State of California
submitted many rules for incorporation into its SIP, including SCAQMD
Rule 431.2 and SCAPCD Rule 4.14. These rules were found to be complete
on February 28, 1991 pursuant to EPA's completeness criteria that are
set forth in 40 CFR Part 51, Appendix V 2 and are being
proposed for limited approval.
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\2\ EPA adopted completeness criteria on February 16, 1990 (55
FR 5824) and, pursuant to section 110(k)(1)(A) of the CAA, revised
the criteria on August 26, 1991 (56 FR 42216).
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SJVUAPCD adopted Rule 4802, Sulfuric Acid Mist, on December 17,
1992. On November 18, 1993 the State of California submitted many rules
for incorporation into its SIP, including SJVUAPCD Rule 4802. This rule
was found to be complete on December 27, 1993 pursuant to EPA's
completeness criteria and is being proposed for limited approval.
BAAQMD adopted Regulation 9 Rule 1, Sulfur Dioxide, on May 20,
1992. On September 14, 1992 the State of California submitted many
rules for incorporation into its SIP, including BAAQMD Regulation 9
Rule 1. This rule was found to be complete on November
[[Page 13380]]
20, 1992 pursuant to EPA's completeness criteria and is being proposed
for limited approval.
The following is EPA's evaluation and proposed action for these
rules.
III. EPA Evaluation and Proposed Action
In determining the approvability of an SO2 rule, EPA
must evaluate the rule for consistency with the requirements of the CAA
and EPA regulations, as found in section 110 and 40 CFR Part 51
(Requirements for Preparation, Adoption, and Submittal of
Implementation Plans).
While the SCAQMD, SCAPCD, SJVUAPCD and BAAQMD are in attainment
with the SO2 NAAQS, many of the general SIP requirements
regarding enforceability, for example, are still appropriate for these
rules. In determining the approvability of these rules, EPA evaluated
them in light of the ``SO2 Guideline Document'', EPA-452/R-
94-008.
On September 28, 1981, EPA approved into the SIP a version of Rule
431.2 , Sulfur Content of Liquid Fuels, that had been adopted by the
SCAQMD on February 2, 1979. Revisions to this rule were subsequently
adopted, and then were superseded by the submitted version. In
evaluating the submitted version, EPA reviewed materials associated
with the SIP approved rule and the submitted version. SCAQMD submitted
an amendment to Rule 431.2 on December 31, 1990 which includes the
following significant changes from the current SIP rule:
Sets a uniform limit of 0.05 percent by weight for the
sulfur content in liquid fuels that are burned, purchased, sold or
offered for sale to be burned.
Requires stationary internal combustion engines operating
on diesel or distillate fuel to use CARB compliant diesel fuel on and
after October 1, 1993.
Requires a person selling the fuel to provide the customer
or user with specifications for the sulfur content of the fuel.
Requires a monthly report be submitted to the SCAQMD
documenting the liquid fuel consumption and applicable sulfur content
used in refineries and power plants.
Requires an annual report be submitted documenting the
liquid fuel consumption and applicable sulfur content for all other
commercial and industrial facilities with permitted combustion
equipment.
Adds sections for recordkeeping, definitions and test
methods.
EPA has evaluated SCAQMD's submitted Rule 431.2 for consistency
with the CAA, EPA regulations, and EPA policy and has found that the
revisions result in a clearer, more enforceable rule. Although SCAQMD's
Rule 431.2 will strengthen the SIP, this rule contains the following
deficiency which should be corrected.
The rule allows Executive Officer discretion in approving
alternate test methods to determine compliance with the sulfur limits
of the rule. EPA also recommends the following improvements to the
rule.
A reference to a CARB specification for motor vehicle
diesel fuel (Title 13, Section 2256), should be updated to reflect
renumbering of the section which occurred in the year following the
amendment of Rule 431.2
The period of record retention specified should be
consistent with the federal record retention requirement of 5 years.
A detailed discussion of the rule deficiency and recommendations
for rule improvement can be found in the Technical Support Document for
Rule 431.2 (2/12/99), which is available from the U.S. EPA, Region IX
office.
There is currently no version of SJVUAPCD Rule 4802, Sulfuric Acid
Mist, in the SIP. The submitted rule includes the following provisions:
Limits the amount of effluent process gas that can be
discharged into the atmosphere from sulfuric acid production units
constructed or modified before August 17, 1971 to 0.30 pounds per short
ton of acid produced, the production being expressed as 100 percent
sulfuric acid.
Prohibits any owner or operator of an existing sulfuric
acid production unit that emits less than the allowable limit from
allowing an increase of emissions beyond the level being emitted as of
December 17, 1992. Such owners or operators must also utilize all acid
mist emissions control equipment to reduce acid mist emissions to
lowest possible levels.
Establishes Method 8 of 40 CFR 60 Appendix A as the test
procedure to be used to determine sulfuric acid mist emissions.
EPA has evaluated SJVUAPCD's submitted Rule 4802 for consistency
with the CAA, EPA regulations, and EPA policy. Although SJVUAPCD's Rule
4802 will strengthen the SIP, this rule contains the following
deficiency which should be corrected.
The rule lacks recordkeeping requirements to confirm
source compliance with sections 4.1 and 4.2 of the rule.
EPA also recommends the following improvements to the rule.
The period of record retention specified should be
consistent with the federal record retention requirement of 5 years.
A typographical error in Section 4.2 should be corrected
so that the requirement reads: ``The owner or operator of an existing
sulfuric acid production unit which emits acid mist. * * *.''
There is currently no version of SCAPCD Rule 4.14, Sulfur Content
of Fuels, in the SIP. The submitted rule supersedes an earlier
submittal of Rule 4.14, adopted on January 24, 1989 and submitted to
EPA on March 26, 1990. The submitted rule being acted on in this
document includes the following provisions:
Prohibits the burning of any liquid fuel or solid fuel
having a sulfur content in excess of 0.5 percent by weight.
Exempts sources from the above limit which obtain written
approval from the Control Officer and remove sulfur compounds from
combustion products or use a mixture of fuels to the extent that sulfur
compound emissions are no greater than that which would be emitted
using a liquid or solid fuel complying with the 0.5 percent by weight
limit.
EPA has evaluated SCAPCD's submitted Rule 4.14 for consistency with
the CAA, EPA regulations, and EPA policy. Although SCAPCD's Rule 4.14
will strengthen the SIP, this rule contains the following deficiencies
which should be corrected.
The rule lacks recordkeeping requirements to confirm
source compliance with sections A. and B. of the rule.
The rule lacks test methods to determine source compliance
with sections A. and B. of the rule.
EPA also recommends the following improvement to the rule.
The period of record retention specified should be
consistent with the federal record retention requirement of 5 years.
On May 3, 1984, EPA approved into the SIP a version of BAAQMD
Regulation 9 Rule 1, Sulfur Dioxide, that had been adopted by the
BAAQMD on February 16, 1983. Revisions to this rule were subsequently
adopted, and then were superseded by the submitted version. In
evaluating the submitted version, EPA reviewed materials associated
with the SIP approved rule and the submitted version. BAAQMD submitted
an amendment to Regulation 9 Rule 1 on September 14, 1992 which
includes the following significant changes from the current SIP rule:
Deletes obsolete phased-in compliance dates for sulfur
recovery plants at local refineries.
[[Page 13381]]
Deletes duplicative standards and definitions for sulfur
recovery plants.
Cuts in half the one hour SO2 limit to match
the State SO2 limits.
Adds additional definitions.
Adds standards for sulfur removal operations at petroleum
refineries.
Adds additional test methods for hydrogen sulfide,
ammonia, and the sulfur content of crude oil.
EPA has evaluated BAAQMD's submitted Regulation 9 Rule 1 for
consistency with the CAA, EPA regulations, and EPA policy and has found
that the revisions result in a clearer, more enforceable rule. Although
BAAQMD's Regulation 9 Rule 1 will strengthen the SIP, this rule
contains the following deficiency which should be corrected.
The rule lacks recordkeeping for some of the source
categories with emissions limits covered by the rule. EPA also
recommends the following improvements to the rule.
An apparent typographical error resulted in the sulfur
dioxide limits changing from 0.04 ppm to 0.05 ppm over 24 hours when
the ground level sulfur dioxide limit was moved from one section to
another section.
Test method ST-19B is marked as deleted from the BAAQMD
Manual of Procedures. The rule should be updated to delete this test
method.
A detailed discussion of the rule deficiencies and rule
improvements can be found in the Technical Support Document for
SJVUAPCD Rule 4802, SCAPCD Rule 4.14 and BAAQMD Regulation 9 Rule 1 (2/
19/99), which is available from the U.S. EPA, Region IX office.
Because of the deficiencies identified for the rules being acted on
in this document, they are not fully approvable and may lead to rule
enforceability problems. Because of the above deficiencies, EPA cannot
grant full approval of these rules under section 110(k)(3). Also,
because the submitted rules are not composed of separable parts which
meet all the applicable requirements of the CAA, EPA cannot grant
partial approval of the rules under section 110(k)(3). However, EPA may
grant a limited approval of the submitted rules under section 110(k)(3)
in light of EPA's authority pursuant to section 301(a) to adopt
regulations necessary to advance the Act's overarching air quality
protection goals by strengthening the SIP. In order to strengthen the
SIP by advancing the SO2 air quality protection goal of the
Act, EPA is proposing a limited approval of SCAQMD Rule 431.2, SJVUAPCD
Rule 4802, SCAPCD Rule 4.14 and BAAQMD Regulation 9 Rule 1 under
sections 110(k)(3) and 301(a) of the Act. However, this limited
approval would not approve those measures as satisfying any other
specific requirement of the Act, nor would it constitute full approval
of the SIP submittals pursuant to section 110(k)(3). Rather, a limited
approval of these rules by EPA would mean that the emission limitations
and other control measure requirements become part of the California
SIP and are federally enforceable by EPA. See, e.g. sections 302(q) and
113 of the Act.
It is should be noted that the rules covered by this proposed
rulemaking have been adopted by and are currently in effect in the air
quality districts to which this action pertains. EPA's final limited
approval action will not prevent the SCAQMD, SJVUAPCD, SCAPCD, BAAQMD
or EPA from enforcing these rules.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, Regulatory
Planning and Review.
B. Executive Order 12875
Under Executive Order 12875, Enhancing the Intergovernmental
Partnership, EPA may not issue a regulation that is not required by
statute and that creates a mandate upon a State, local or tribal
government, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by those governments, or
EPA consults with those governments. If EPA complies by consulting,
Executive Order 12875 requires EPA to provide to the Office of
Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency. This rule is not subject to E.O. 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not
[[Page 13382]]
significantly or uniquely affect the communities of Indian tribal
governments. Accordingly, the requirements of section 3(b) of E.O.
13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, sulfur oxides.
Authority: 42 U.S.C. 7401-7671q.
Dated: March 4, 1999.
Laura Yoshii,
Deputy Regional Administrator, Region IX.
[FR Doc. 99-6507 Filed 3-17-99; 8:45 am]
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