[Federal Register Volume 64, Number 183 (Wednesday, September 22, 1999)]
[Proposed Rules]
[Pages 51278-51280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24690]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 217-0179; FRL-6442-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District and Ventura County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing a revision to the California State
Implementation Plan (SIP) which controls the sulfur content of fuels
within the South Coast Air Quality Management District and the Ventura
County Air Pollution Control District.
The intended effect of proposing 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
the Act). EPA's final action on this proposed rule will incorporate
these rules into the federally approved SIP. EPA has evaluated each of
these rules and is proposing to approve them under provisions of the
CAA regarding EPA action on SIP submittals and SIPs for national
primary and secondary ambient air quality standards.
DATES: Comments must be received on or before October 22, 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 rule revisions and EPA's evaluation report of each
rule are available for public inspection at EPA's Region 9 office
during normal business hours. Copies of the submitted rule revisions
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.
South Coast Air Quality Management District, 21865 E. Copley Dr.,
Diamond Bar, CA 91765-4182.
Ventura County APCD, 669 County Square Dr., 2nd Fl., Ventura, CA 93003-
5417.
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, (415) 744-1191.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules proposed for approval into the California SIP include:
South Coast Air Quality Management District (SCAQMD) Rule 431.1, Sulfur
Content of Gaseous Fuels and Ventura County Air Pollution Control
District (VCAPCD) Rule 64, Sulfur Content of Fuels. SCAQMD Rule 431.1
was submitted by the California Air Resources Board (CARB) to EPA on
September 29, 1998 and VCAPCD Rule 64 was submitted by CARB to EPA on
June 3, 1999.
II. Background
40 CFR 81.305 provides the attainment status designations for air
districts in California. South Coast Air Quality Management District
1 and Ventura County Air Pollution Control District are
listed as in attainment of 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 431.1, Sulfur Content of Gaseous
Fuels, on June 12, 1998. On September 29, 1998, the State of California
submitted many rules for incorporation into its SIP, including SCAQMD
Rule 431.1. This rule was found to be complete on January 26, 1999
pursuant to EPA's completeness criteria that are set forth in 40 CFR
part 51, appendix V 2 and is being proposed for 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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VCAPCD adopted Rule 64, Sulfur Content of Fuels, on April 13, 1999.
On June 3, 1999, the State of California submitted many rules for
incorporation into its SIP, including VCAPCD Rule 64. This rule was
found to be complete on June 24, 1999 pursuant to EPA's completeness
criteria that are set forth in 40 CFR part 51, appendix V and is being
proposed for approval.
The following is EPA's evaluation and proposed action for SCAQMD
Rule 431.1 and VCAPCD Rule 64.
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 and VCAPCD 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.
[[Page 51279]]
On October 19, 1984, EPA approved into the SIP a version of Rule
431.1, Sulfur Content of Gaseous Fuels, that had been adopted by SCAQMD
on May 6, 1983. Revisions to this rule were subsequently adopted on May
4, 1990, April 5, 1991, September 11, 1992, October 2, 1992, November
17, 1995 and June 12, 1998. All but the September 11, 1992 and October
2, 1992 revisions were submitted to EPA. While EPA can only act on the
most recently submitted version, EPA reviewed relevant materials
associated with the superseded versions that were submitted. SCAQMD
submitted Rule 431.1 includes the following significant changes from
the current SIP:
Added new sections for purpose, monitoring, reporting and
recordkeeping, and test methods.
Clarified that a person shall not burn in equipment
requiring a Permit to Operate, purchase, transfer, sell or offer for
sale any gaseous fuel containing sulfur compounds in excess of the
concentration limits specified in the rule.
Reduced the sulfur limit from 250 ppm down to 150 ppm,
averaged daily, for gaseous fuels from landfills.
Reduced the sulfur limit from 250 ppm down to 40 ppm,
averaged daily, for sewage digesters and allows an alternate limit of
40 ppm averaged monthly with a 500 ppm peak averaged over 15 minutes.
Reduced the sulfur limit from 80 ppm down to 40 ppm for
the selling of other gaseous fuel.
Reduced the sulfur limit from 800 ppm down to 40 ppm for
the burning of other gaseous fuels.
Specified averaging times for the sulfur limits.
Added an Optional Facility Compliance Plan.
Added a requirement for a continuous emission monitoring
system (CEMS) or a continuous fuel gas monitoring system (CFGMS) to
monitor sulfur content.
Added an option for landfills and sewage digesters to use
an alternative monitoring method provided the alternative method has
been approved by the District, CARB and US EPA.
Lowered the sulfur emissions ceiling from 30 pounds per
day down to 5 pounds per day for facilities to be considered exempt.
Removed exemptions for: Combined unit gases from an air
pollution control system for steam drive oil wells, (Rule 1148),
provided gases from individual well vents comply with the requirements
of the rule; gaseous fuels where gaseous combustion products are used
as raw materials for other processes; and vent gas streams, excluding
coker blowdown, which have been connected to fuel gas or vent gas
disposal systems.
EPA has evaluated SCAQMD submitted Rule 431.1 for consistency with
the CAA, EPA regulations, and EPA policy and has found that the
revisions result in a clearer, more enforceable rule. Furthermore, the
addition of more stringent limits in submitted Rule 431.1 should lead
to greater emission reductions.
EPA recommends the following improvements to the rule.
The rule specifies an SO2 averaging time of 4
hours for refineries and other gases. The averaging time should be
based on time periods consistent with the national ambient air quality
standard for sulfur dioxide.
The period of record retention specified should be
consistent with the federal record retention requirement of 5 years.
On January 15, 1999, EPA approved into the SIP (64 FR 2575) a
version of VCAPCD Rule 64, Sulfur Content of Fuels, that had been
adopted by VCAPCD on June 14, 1994. EPA's January action granted a
limited approval and limited disapproval to Rule 64 stating that while
the rule strengthened the SIP, it did not contain recordkeeping
requirements and therefore was not fully approvable. VCAPCD
subsequently amended Rule 64 to address EPA's comments and to make
other rule improvements.
VCAPCD's amended Rule 64 corrects all the deficiencies identified
in the previous limited approval (64 FR 2575). As stated in that final
action, there is no sanctions clock as VCAPCD is in attainment for
SO2.
The VCAPCD submitted Rule 64 includes the following significant
changes from the current SIP:
Deleted an obsolete limit for natural gas and deleted the
sulfur limit for solid fuels.
Exempted Public Utilities Commission regulated natural
gas, propane, butane, CARB quality reformulated gasoline and CARB
certified diesel fuel from the recordkeeping and monitoring
requirements of the rule, provided records are maintained to
substantiate the use of these fuels.
Clarified that sewage digester gases are exempt from the
rule provided any supplemental fuel used to combust the gas complies
with the rule.
Added sections on Monitoring/Recordkeeping and Violations.
Requires records to be retained for five years.
Requires annual monitoring of sulfur. Requires quarterly
monitoring if a facility is new; has not provided historical monitoring
data to the District; or if sulfur measurements of gaseous fuels at
landfills or oil fields exceed 394 ppmv.
Initial sulfur monitoring must begin within 30 days of the
effective date of the rule and new sources must begin monitoring within
30 days of initial operation.
Requires operators to either test or obtain certification
that liquid fuels meet the sulfur requirements of Rule 64 for each
liquid fuel delivery.
Allows the use of colorimetric tubes for the sulfur
content of landfill or oil field gases if levels are below 200 ppm.
Allows the use of colorimetric tubes to measure other
gaseous fuels only if written approval is obtained from the VCAPCD and
US EPA.
Allows the use of alternative test methods for analysis of
sulfur.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy. A
detailed discussion of the rules can be found in the Technical Support
Document for SCAQMD Rule 431.1 and VCAPCD Rule 64 (8/23/99), which is
available from the U.S. EPA, Region IX office. Therefore, SCAPCD, Rule
431.1 and VCAPCD Rule 64 are being proposed for approval under section
110(k)(3) of the CAA as meeting the requirements of section 110(a).
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 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
[[Page 51280]]
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 Executive Order 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
Executive Order 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
Executive Order 13045 because it is 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 significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
Executive Order 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, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 9, 1999.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 99-24690 Filed 9-21-99; 8:45 am]
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