[Federal Register Volume 79, Number 96 (Monday, May 19, 2014)]
[Rules and Regulations]
[Pages 28612-28615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11430]



40 CFR Part 52

[EPA-R09-OAR-2014-0196; FRL-9909-71-Region 9]

Revisions to the California State Implementation Plan, Ventura 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

[[Page 28613]]

ACTION: Direct final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action 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 large water heaters, boilers, steam 
generators, and process heaters. We are approving local rules that 
regulate these emission sources under the Clean Air Act (CAA or the 

DATES: This rule is effective on July 18, 2014 without further notice, 
unless EPA receives adverse comments by June 18, 2014. If we receive 
such comments, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0196, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
    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 email. 
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 email directly to EPA, your email 
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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. 
While all documents in the docket are listed at www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), 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 

4126, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agency and submitted by the California 
Air Resource Board.

                                            Table 1--Submitted Rules
         Local agency                  Rule No.                 Rule title            Amended        Submitted
VCAPCD.......................  5.......................  Effective Date.........        04/13/04        07/19/04
VCAPCD.......................  74.11.1.................  Large Water Heaters and        09/11/12        04/22/13
                                                          Small Boilers.
VCAPCD.......................  74.15.1.................  Boilers, Steam                 09/11/12        04/22/13
                                                          Generators, and
                                                          Process Heaters.

    On August 10, 2004, EPA determined that the submittal for VCAPCD 
Rule 5 met the completeness criteria in 40 CFR Part 51 Appendix V, 
which must be met before formal EPA review. On June 26, 2013, EPA 
determined that the submittal for VCAPCD Rules 74.11.1 and 74.15.1 met 
the completeness criteria in 40 CFR Part 51 Appendix V, which must be 
met before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of Rule 5 into the SIP on September 
22, 1972 (37 FR 19806). We approved earlier versions of Rule 74.11.1 
into the SIP on December 20, 2000 (65 FR 79752) and Rule 74.15.1 on 
October 10, 2001 (66 FR 51576).

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 74.11.1 lowers NOX 
emission limits for units with rated heat input capacity of greater 
than or equal to 75,000 BTU/hr and less than 1,000,000 BTU/hr. Rule 
74.11.1 will no longer regulate units with rated heat input capacity 
equal to or greater than 1,000,000 BTU/hr, but Rule 74.15.11 will. Rule 
74.15.1 now regulates boilers with rated heat capacity equal to or 
greater than 1,000,000 BTU/hr and less than or equal to 2,000,000 BTU/
hr, which were formerly regulated in Rule 74.11.1. Rule 74.15.1 also 
added a new section describing testing requirements which includes 
frequency of testing and the type of testing required. Rule 5 added a 
definition for existing equipment. EPA's technical support documents 
(TSDs) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    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 NOX or VOC major source in 
ozone nonattainment areas classified as moderate or above (see sections 
182(b)(2) and 182(f)), and must not relax existing requirements (see

[[Page 28614]]

sections 110(l) and 193). SIP rules must also implement Reasonable 
Available Control Measures (RACM), including such reductions in 
emissions from existing sources in the area as may be obtained through 
the adoption, at a minimum, of reasonable available control technology 
(RACT), as expeditiously as practicable for nonattainment areas (see 
CAA section 172(c)(1)). The Ventura County Air Pollution Control 
District regulates an ozone nonattainment area classified as serious 
for the 8-hour ozone NAAQS (see 40 CFR 81.305), so Ventura's Rules 
generally must fulfill RACT and RACM for NOX.
    Guidance and policy documents that we use to evaluate 
enforceability, RACT, and RACM requirements consistently include the 
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``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.
    3. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    4. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    5. ``NOX Emissions from Industrial/Commercial/
Institutional (ICI) Boilers,'' EPA-453/R-94-022, March 1994.
    6. ``Determination of Reasonably Available Control Technology and 
Best Available Retrofit Control Technology for Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters,'' CARB, July 18, 1991.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, and SIP relaxations. We are not 
evaluating the RACM requirement in this action but believe that VCAPCD 
is required to evaluate any reasonably available control measure for 
the sources covered by these rules. We believe there are no sources 
subject to Rule 74.11.1 and Rule 74.15.1 that exceed the major source 
threshold (50 tpy), thus they are not required to meet RACT for 
NOX. For this reason, we are not making a determination on 
RACT for Rules 74.11.1 and 74.15.1. The TSDs have more information on 
our evaluation. Rule 5 Effective Date is a rule specifying when rules 
are effective. The definition for ``existing equipment'' was added to 
clarify the rule. Rule 5 is a general rule and is not specific to 
source categories, so it was not evaluated for RACT or RACM. The rule 
revisions are not considered relaxations to the SIP as the only change 
was the addition of a definition.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describes additional rule revisions that we recommend for 
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rules because we believe they fulfill 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 rules. If we 
receive adverse comments by June 18, 2014, 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 July 18, 2014. This will incorporate these 
rules 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. 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 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 disproportionate human health or environmental effects with 
practical, appropriate, 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.
    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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United

[[Page 28615]]

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 July 18, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, 
Particulate matter, Reporting and recordkeeping requirements.

    Dated: March 21, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:


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 paragraphs (c)(332)(i)(B)(4) 
and (c)(429)(i)(A)(2) and (3) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (332) * * *
    (i) * * *
    (B) * * *
    (4) Rule 5, ``Effective Date,'' amended on April 13, 2004.
* * * * *
    (429) * * *
    (i) * * *
    (A) * * *
    (2) Rule 74.11.1, ``Large Water Heaters and Small Boilers,'' 
amended on September 11, 2012.
    (3) Rule 74.15.1, ``Boilers, Steam Generators, and Process 
Heaters,'' amended on September 11, 2012.
* * * * *
[FR Doc. 2014-11430 Filed 5-16-14; 8:45 am]