Revisions to the California State Implementation Plan, Placer County Air Pollution Control District and Sacramento Metro Air Quality Management District, 67366-67369 [2011-28246]
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67366
Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations
(iv) * * *
(A) [Reserved]. For further guidance,
see § 301.7701–2T(c)(2)(iv)(A).
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(C) [Reserved]. For further guidance,
see § 301.7701–2T(c)(2)(iv)(C).
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■ Par. 9. Section 301.7701–2T is revised
to read as follows:
(c)(2)(iv)(C) of this section expires on or
before [October 31, 2014].
Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
Approved: November 19, 2010.
Michael Mundaca,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2011–28176 Filed 10–31–11; 8:45 am]
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§ 301.7701–2T Business entities;
definitions (temporary).
BILLING CODE 4830–01–P
(a) through (c)(2)(iv) [Reserved]. For
further guidance, see § 301.7701–2(a)
through (c)(2)(iv).
(A) In general. Section § 301.7701–
2(c)(2)(i) (relating to certain wholly
owned entities) does not apply to taxes
imposed under Subtitle C—Employment
Taxes and Collection of Income Tax
(Chapters 21, 22, 23, 23A, 24 and 25 of
the Internal Revenue Code). However,
§ 301.7701–2(c)(2)(i) does apply to
withholding requirements imposed
under section 3406 (backup
withholding). The owner of a business
entity that is disregarded under
§ 301.7701–2 is subject to the
withholding requirements imposed
under section 3406 (backup
withholding). Section 301.7701–
2(c)(2)(i) also applies to taxes imposed
under Subtitle A, including Chapter 2—
Tax on Self-Employment Income. The
owner of an entity that is treated in the
same manner as a sole proprietorship
under § 301.7701–2(a) will be subject to
tax on self-employment income.
(B) [Reserved]. For further guidance,
see § 301.7701–2(c)(2)(iv)(B).
(C) Exceptions. For exceptions to the
rule in § 301.7701–2(c)(2)(iv)(B), see
sections 31.3121(b)(3)–1(d), 31.3127–
1(c), and 31.3306(c)(5)–1(d).
(D) through (e)(4) [Reserved]. For
further guidance, see § 301.7701–
2(c)(2)(iv)(D) through (e)(4).
(5) Paragraphs (c)(2)(iv)(A) and
(c)(2)(iv)(C) of this section apply to
wages paid on or after November 1,
2011. For rules that apply to paragraph
(c)(2)(iv)(A) of this section before
November 1, 2011, see 26 CFR part 301
revised as of April 1, 2009. However,
taxpayers may apply paragraphs
(c)(2)(iv)(A) and (c)(2)(iv)(C) of this
section to wages paid on or after January
1, 2009.
(e)(6) through (e)(7) [Reserved]. For
further guidance, see § 301.7701–2(e)(6)
through (e)(7).
(8) Expiration Date. The applicability
of paragraphs (c)(2)(iv)(A) and
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 52
[EPA–R09–OAR–2011–0382; FRL–9477–4]
Revisions to the California State
Implementation Plan, Placer County
Air Pollution Control District and
Sacramento Metro Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the Placer
County Air Pollution Control District
(PCAPCD) and Sacramento Metro Air
Quality Management District
(SMAQMD) portions of the California
State Implementation Plan (SIP). These
revisions concern oxides of nitrogen
(NOX) emissions from industrial,
institutional and commercial boilers,
stationary internal combustion engines
and water heaters. We are approving
local rules that regulate these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
DATES: This rule is effective on January
3, 2012 without further notice, unless
EPA receives adverse comments by
December 1, 2011. 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 effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2011–0382, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
2. Email: 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
SUMMARY:
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online at https://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 https://
www.regulations.gov or email. https://
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 https://
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 at
https://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 section.
FOR FURTHER INFORMATION CONTACT:
´
Idalia Perez, EPA Region IX, (415) 972–
3248, perez.idalia@epa.gov.
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
rules?
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
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Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations
adopted or amended by the local air
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agency and submitted by the California
Air Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
PCAPCD ..........................
231
PCAPCD ..........................
PCAPCD ..........................
SMAQMD .........................
242
246
414
Industrial, Institutional and Commercial Boiler, Steam Generator
and Process Heaters.
Stationary Internal Combustion Engines .......................................
Natural Gas-Fired Water Heaters .................................................
Water Heaters, Boilers and Process Heaters Rated Less Than
1,000,000 BTU per hour.
On April 20, 2009, EPA determined
that the submittal for PCAPCD Rule 231
met the completeness criteria in 40 CFR
part 51 appendix V, which must be met
before formal EPA review. On January
13, 2011, EPA determined that the
submittal for PCAPCD Rules 242 and
246 met the completeness criteria in 40
CFR part 51 appendix V, which must be
met before formal EPA review. On May
6, 2011, EPA determined that the
submittal for SMAQMD Rule 414 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?
There are no previous versions of
Rules 231, 242 and 246 in the SIP. The
PCAPCD adopted an earlier version of
Rule 231 on October 17, 1994, and
CARB submitted it to us on October 19,
1994 but it was later withdrawn. We
approved an earlier version of
SMAQMD Rule 414 into the SIP on
April 20, 1999 (64 FR 19277).
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C. What is the purpose of the submitted
rules?
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 231
limits emission of NOX and carbon
monoxide (CO) from boilers, steam
generators and process heaters fueled on
liquid or gas fuels that are 5 MMBtu/
hour or larger. Rule 242 regulates
emissions of NOX and CO from internal
combustion engines with a rated brake
horse power of 50 or greater. Rule 246
limits NOX emissions from natural gas
water heaters rated below 75,000 btu/
hour. Rule 414 limits NOX and CO
emissions from boilers rated below 1
MMBtu/hour. EPA’s technical support
documents (TSD) have more
information about these rules.
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Adopted/
Amended
Rule title
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 in
violation of CAA sections 110(l) and
193. SIP rules must also implement
Reasonably 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 reasonably
available control technology (RACT), as
expeditiously as practicable for
nonattainment areas (see CAA section
172(c)(1)). The PCAPCD and SMAQMD
regulate ozone nonattainment areas
classified as severe for the 8-hour ozone
NAAQS (40 CFR 81.305), so Rules 231,
242, 246 and 414 must fulfill RACT and
RACM for NOX.
Guidance and policy documents that
we use to evaluate enforceability, RACT
and RACM requirements consistently
include the following:
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
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10/09/97
03/17/09
04/10/03
06/19/97
03/25/10
12/07/10
12/07/10
04/05/11
Deficiencies,’’ EPA Region 9, August 21,
2001 (the Little Bluebook).
5. ‘‘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).
6. ‘‘Alternative Control Techniques
Document—NOX Emissions from
Industrial/Commercial/Institutional
(ICI) Boilers’’, US EPA 453/R–94–022
(March 1994).
7. ‘‘Alternative Control Techniques
Document—NOX Emissions from Utility
Boilers’’, US EPA 452/R–93–008 (March
1994).
8. ‘‘Alternative Control Techniques
Document—NOX Emissions from
Stationary Reciprocating Internal
Combustion Engines’’, US EPA 453/R–
93–032 (July 1993).
9. ‘‘Determination of Reasonably
Available Control Technology and Best
Available Retrofit Control Technology
for Stationary Spark-Ignited Internal
Combustion Engines’’, CARB (November
2001).
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 PCAPCD and SMAQMD are
required to evaluate any reasonably
available control measures for the
sources covered by these rules. We
believe Rule 231 implements RACT. We
believe there are no sources subject to
Rule 242 that exceed the major source
threshold (25 tpy), thus it is not
required to meet RACT for NOX. For this
reason, we are not making a
determination on RACT for Rule 242 in
this action. Rules 246 and 414 are not
subject to RACT requirements because
they are applicable to sources that are
too small to exceed the major source
threshold. The TSDs have more
information on our evaluation.
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Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations
C. EPA Recommendations To Further
Improve the Rules
The TSDs describe additional rule
revisions that we recommend for the
next time the local agencies modify 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 December 1, 2011, 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 January 3,
2012. 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.
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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
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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
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 January 3, 2012.
Filing a petition for reconsideration by
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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: September 28, 2011.
Keith Takata,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—[AMENDED]
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)(363)(i)(D),
(388)(i)(D)(2), and (389)(i)(B)(2) and (3)
to read as follows:
■
§ 52.220
Identification of plan.
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(c) * * *
(363) * * *
(i) * * *
(D) Placer County Air Pollution
Control District.
(1) Rule 231, ‘‘Industrial, Institutional
and Commercial Boiler, Steam
Generator and Process Heaters,’’
amended on October 9, 1997.
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(388) * * *
(i) * * *
(D) * * *
(2) Rule 414, ‘‘Water Heaters, Boilers
and Process Heaters Rated Less Than
1,000,000 BTU per hour,’’ amended on
March 25, 2010.
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(389) * * *
(i) * * *
(B) * * *
(2) Rule 242, ‘‘Stationary Internal
Combustion Engines,’’ adopted on April
10, 2003.
(3) Rule 246, ‘‘Natural Gas-Fired
Water Heaters,’’ adopted on June 19,
1997.
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[FR Doc. 2011–28246 Filed 10–31–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0356; FRL–9479–3]
Revisions to the California State
Implementation Plan, Joaquin Valley
Unified Air Pollution Control District
and Imperial County Air Pollution
Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Local agency
Rule No.
SJVUAPCD ..........................
SJVUAPCD ..........................
4602
4603
ICAPCD ...............................
ICAPCD ...............................
425
427
EPA’s proposed action provided a
30-day public comment period. During
this period, we received no comments.
III. EPA Action
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No comments were submitted that
change our assessment that the
submitted rules comply with the
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, EPA is fully approving these rules
into the California SIP.
IV. 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);
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Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On June 3, 2011 (FR 32113), EPA
proposed to approve the following rules
into the California SIP.
Adopted
Motor Vehicle Assembly Coatings ............................................................
Surface Coating of Metal Parts and Products, Plastic Parts and Products and Pleasure Crafts.
Aerospace Coating Operations .................................................................
Automotive Refinishing Operations ...........................................................
II. Public Comments and EPA
Responses
17:41 Oct 31, 2011
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
available in either location (e.g.,
confidential business information
(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:
Adrianne Borgia, EPA Region IX, (415)
972–3576, borgia.adrianne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Rule title
We proposed to approve these rules
because we determined that they
complied with the relevant CAA
requirements. Our proposed action
contains more information on the rules
and our evaluation.
VerDate Mar<15>2010
EPA is finalizing approval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVUAPCD) and Imperial County Air
Pollution Control District (ICAPCD)
portions of the California State
Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on June 3, 2011 and concern
volatile organic compound (VOC)
emissions from Motor Vehicle
Assembly, Metal Parts and Products,
Plastic Parts and Products and Pleasure
Crafts, Aerospace Operations and
Automotive Refinishing Operations. We
are approving local rules that regulate
these emission sources under the Clean
Air Act as amended in 1990 (CAA or the
Act).
DATES: Effective Date: This rule is
effective on December 1, 2011.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2011–0356 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
SUMMARY:
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);
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Submitted
9/17/09
9/17/09
5/17/10
5/17/10
2/23/10
2/23/10
7/20/10
7/20/10
• 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
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]]>Agencies
[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Rules and Regulations]
[Pages 67366-67369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28246]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0382; FRL-9477-4]
Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District and Sacramento Metro Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Placer County Air Pollution Control District (PCAPCD) and Sacramento
Metro Air Quality Management District (SMAQMD) portions of the
California State Implementation Plan (SIP). These revisions concern
oxides of nitrogen (NOX) emissions from industrial,
institutional and commercial boilers, stationary internal combustion
engines and water heaters. We are approving local rules that regulate
these emission sources under the Clean Air Act as amended in 1990 (CAA
or the Act).
DATES: This rule is effective on January 3, 2012 without further
notice, unless EPA receives adverse comments by December 1, 2011. 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 effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0382, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions.
2. Email: 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 https://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 https://www.regulations.gov or email. https://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 https://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 at https://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
section.
FOR FURTHER INFORMATION CONTACT: Idalia P[eacute]rez, EPA Region IX,
(415) 972-3248, perez.idalia@epa.gov.
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 rules?
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
[[Page 67367]]
adopted or amended by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
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Adopted/
Local agency Rule No. Rule title Amended Submitted
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PCAPCD................................ 231 Industrial, 10/09/97 03/17/09
Institutional and
Commercial Boiler,
Steam Generator and
Process Heaters.
PCAPCD................................ 242 Stationary Internal 04/10/03 12/07/10
Combustion Engines.
PCAPCD................................ 246 Natural Gas-Fired Water 06/19/97 12/07/10
Heaters.
SMAQMD................................ 414 Water Heaters, Boilers 03/25/10 04/05/11
and Process Heaters
Rated Less Than
1,000,000 BTU per hour.
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On April 20, 2009, EPA determined that the submittal for PCAPCD
Rule 231 met the completeness criteria in 40 CFR part 51 appendix V,
which must be met before formal EPA review. On January 13, 2011, EPA
determined that the submittal for PCAPCD Rules 242 and 246 met the
completeness criteria in 40 CFR part 51 appendix V, which must be met
before formal EPA review. On May 6, 2011, EPA determined that the
submittal for SMAQMD Rule 414 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?
There are no previous versions of Rules 231, 242 and 246 in the
SIP. The PCAPCD adopted an earlier version of Rule 231 on October 17,
1994, and CARB submitted it to us on October 19, 1994 but it was later
withdrawn. We approved an earlier version of SMAQMD Rule 414 into the
SIP on April 20, 1999 (64 FR 19277).
C. What is the purpose of the submitted rules?
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 231 limits emission of
NOX and carbon monoxide (CO) from boilers, steam generators
and process heaters fueled on liquid or gas fuels that are 5 MMBtu/hour
or larger. Rule 242 regulates emissions of NOX and CO from
internal combustion engines with a rated brake horse power of 50 or
greater. Rule 246 limits NOX emissions from natural gas
water heaters rated below 75,000 btu/hour. Rule 414 limits
NOX and CO emissions from boilers rated below 1 MMBtu/hour.
EPA's technical support documents (TSD) 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 in
violation of CAA sections 110(l) and 193. SIP rules must also implement
Reasonably 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 reasonably available control
technology (RACT), as expeditiously as practicable for nonattainment
areas (see CAA section 172(c)(1)). The PCAPCD and SMAQMD regulate ozone
nonattainment areas classified as severe for the 8-hour ozone NAAQS (40
CFR 81.305), so Rules 231, 242, 246 and 414 must fulfill RACT and RACM
for NOX.
Guidance and policy documents that we use to evaluate
enforceability, RACT and RACM requirements consistently include the
following:
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. ``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).
6. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'', US
EPA 453/R-94-022 (March 1994).
7. ``Alternative Control Techniques Document--NOX
Emissions from Utility Boilers'', US EPA 452/R-93-008 (March 1994).
8. ``Alternative Control Techniques Document--NOX
Emissions from Stationary Reciprocating Internal Combustion Engines'',
US EPA 453/R-93-032 (July 1993).
9. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Stationary Spark-Ignited
Internal Combustion Engines'', CARB (November 2001).
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 PCAPCD
and SMAQMD are required to evaluate any reasonably available control
measures for the sources covered by these rules. We believe Rule 231
implements RACT. We believe there are no sources subject to Rule 242
that exceed the major source threshold (25 tpy), thus it is not
required to meet RACT for NOX. For this reason, we are not
making a determination on RACT for Rule 242 in this action. Rules 246
and 414 are not subject to RACT requirements because they are
applicable to sources that are too small to exceed the major source
threshold. The TSDs have more information on our evaluation.
[[Page 67368]]
C. EPA Recommendations To Further Improve the Rules
The TSDs describe additional rule revisions that we recommend for
the next time the local agencies modify 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 December 1, 2011, 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 January 3, 2012. 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 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 January 3, 2012. 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: September 28, 2011.
Keith Takata,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(363)(i)(D),
(388)(i)(D)(2), and (389)(i)(B)(2) and (3) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(363) * * *
(i) * * *
(D) Placer County Air Pollution Control District.
(1) Rule 231, ``Industrial, Institutional and Commercial Boiler,
Steam Generator and Process Heaters,'' amended on October 9, 1997.
* * * * *
(388) * * *
(i) * * *
(D) * * *
(2) Rule 414, ``Water Heaters, Boilers and Process Heaters Rated
Less Than 1,000,000 BTU per hour,'' amended on March 25, 2010.
* * * * *
[[Page 67369]]
(389) * * *
(i) * * *
(B) * * *
(2) Rule 242, ``Stationary Internal Combustion Engines,'' adopted
on April 10, 2003.
(3) Rule 246, ``Natural Gas-Fired Water Heaters,'' adopted on June
19, 1997.
* * * * *
[FR Doc. 2011-28246 Filed 10-31-11; 8:45 am]
BILLING CODE 6560-50-P
