Revisions to the California State Implementation Plan, South Coast Air Quality Management District, 57442-57445 [2014-22482]

Download as PDF 57442 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T01–0737 to read as follows: ■ tkelley on DSK3SPTVN1PROD with RULES § 165.T01–0737 Security Zone, East River; Wall Street Heliport, Manhattan, NY. (a) Location. Each of the three following areas is a temporary security zone: (1) All waters of the East River within the following boundaries; east of a line drawn between approximate position 40°42′01″ N, 074°00′39″ W (east of The Battery) to 40°41′36″ N, 074°00′52″ W (point north of Governors Island) and north of a line drawn from the point north of Governors Island to the southwest corner of Pier 7 North, Brooklyn; and south of a line drawn between 40°42′14.8″ N, 074°00′20.3″ W (Wall Street, Manhattan), and the northwest corner of Pier 2 North, Brooklyn (NAD 1983). (2) All waters of the East River between the Hell Gate Rail Road Bridge (mile 8.2), and a line drawn from a point at approximate position 40°47′27.12″ N, 073°54′35.14″ W (Lawrence Point, Queens) to a point at approximate position 40° 47′52.55″ N, 073°54′35.25″ W (Port Morris Stacks), and all waters of the Bronx Kill southeast of the Bronx Kill Rail Road Bridge (mile 0.6). (3) All waters of the East River north of a line drawn from approximate position 40°44′37″ N, 073°58′16.5″ W (the base of East 35th Street, Manhattan), to approximate position 40°44′23″ N, 073°57′44.5″ W (Hunters Point, Long Island City), and south of the Queensboro Bridge (NAD 1983). (b) Definitions. For purposes of this section, ‘‘Designated on-scene representative’’ is any Coast Guard VTSNY (Vessel Traffic Service New York) watchstander or any commissioned, warrant, or petty officer who has been designated by the COTP VerDate Sep<11>2014 15:22 Sep 24, 2014 Jkt 232001 to act on the COTP’s behalf. A designated on-scene representative may be on a Coast Guard vessel, or onboard a federal, state, or local agency vessel that is authorized to act in support of the Coast Guard. ‘‘Dignitary’’ means the President or Vice President of the United States, or visiting heads of foreign states or governments. (c) Effective and enforcement period. This section is effective and will be subject to enforcement from 6:00 a.m. on September 17, 2014 until 8:00 p.m. on September 29, 2014. (d) Regulations. In accordance with the general regulations in 33 CFR 165.33, no person or vessel may enter or move within the security zone created by this section unless granted permission to do so by the COTP or a designated on-scene representative. Entry, transit, or anchoring within the security zone described in paragraph (a) of this section is prohibited unless authorized by the COTP. (e) Notice. The COTP will provide notice of the establishment and enforcement of these security zones in accordance with 33 CFR 165.7. (f) Vessel operators given permission to enter or operate in a security zone must comply with all directions given to them by the COTP or a designated onscene representative. Those vessels may be required to anchor or moor up to a waterfront facility. (g) Vessel operators desiring to enter or operate within a security zone shall telephone the COTP at 718–354–4356 or a designated on-scene representative via VHF channel 16 to obtain permission to do so. (h) Penalties. Vessels or persons violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: September 8, 2014. G. Loebl, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2014–22850 Filed 9–24–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2014–0512; FRL–9915–35– Region 9] Revisions to the California State Implementation Plan, South Coast Air Quality Management District Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOX) emissions from boilers, steam generators, and process heaters. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule is effective on November 24, 2014 without further notice, unless EPA receives adverse comments by October 27, 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 effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2014–0512, by one of the following methods: 1. Federal eRulemaking Portal: 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 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 SUMMARY: E:\FR\FM\25SER1.SGM 25SER1 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations 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: Nicole Law, EPA Region IX, (415) 947– 4126, law.nicole@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 or rule revisions? II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? 57443 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 (CARB). TABLE 1—SUBMITTED RULES Local agency Rule No. SCAQMD 1146 SCAQMD 1146.1 Rule title Amended Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters. Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters. On June 18, 2014, EPA determined that the submittal for SCAQMD Rules 1146 and 1146.1 met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. and process heaters with a total rated heat input larger than 2 MMBtu/hour. EPA’s technical support document (TSD) has more information about these rules. B. Are there other versions of these rules? A. How is EPA evaluating the rules? We approved earlier versions of Rule 1146 and 1146.1 into the SIP on April 8, 2002 (67 FR 16640) and September 6, 1995 (60 FR 46220). The SCAQMD adopted revisions to the SIP-approved versions on September 5, 2008, CARB submitted them to us on July 20, 2010, and we proposed a simultaneous limited approval and limited disapproval of the two rules on July 8, 2011 (76 FR 40303). The proposed rulemaking was never finalized; therefore the current rule versions in the SIP are those approved on April 8, 2002 and September 6, 1995. SCAQMD has since revised their rules to address the deficiencies identified in our proposed limited approval/disapproval and CARB submitted the rule revisions to EPA on May 13, 2014. tkelley on DSK3SPTVN1PROD with RULES 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 1146 limits NOX and carbon monoxide (CO) emissions from boilers, steam generators, and process heaters with a total rated heat input larger than 5 MMBtu/hour. Rule 1146.1 limits NOX and CO from boilers, steam generators, VerDate Sep<11>2014 15:22 Sep 24, 2014 Jkt 232001 II. EPA’s Evaluation and Action 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 sections 110(l) and 193). The SCAQMD regulates an ozone nonattainment area classified as extreme for the 8-hour ozone NAAQS (see 40 CFR Part 81.305), so RACT is required for the area. Guidance and policy documents that we use to evaluate enforceability and RACT 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Submitted 11/01/13 05/13/14 11/01/13 05/13/14 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. Section 172(c)(1) of the Act requires implementation of all reasonably available control measures (RACM) as expeditiously as practicable in nonattainment areas. Because the South Coast Air Basin area is designated nonattainment for the 1997 and 2006 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS) (see 40 CFR Part 81.305), the RACM requirement in CAA section 172(c)(1) applies to this area.1 B. Do the rules meet the evaluation criteria? We believe these rules are consistent with the relevant policy and guidance regarding enforceability, RACT, RACM, and SIP relaxations. The TSD has more information on our evaluation. 1 EPA generally takes action on a RACM demonstration as part of our action on the State’s attainment demonstration for the relevant NAAQS, based on an evaluation of the control measures submitted as a whole and their overall potential to advance the applicable attainment date in the area. See, e.g., 76 FR 69928 (November 9, 2011) (final rule partially approving and partially disapproving PM2.5 attainment plan for South Coast). E:\FR\FM\25SER1.SGM 25SER1 57444 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations C. EPA Recommendations To Further Improve the Rules The TSD 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 October 27, 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 November 24, 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. tkelley on DSK3SPTVN1PROD with RULES 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 VerDate Sep<11>2014 15:22 Sep 24, 2014 Jkt 232001 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 November 24, 2014. Filing a petition for reconsideration by the Administrator of PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements. Dated: July 25, 2014. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 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 paragraph (c)(441) to read as follows: ■ § 52.220 Identification of plan. * * * * * (c) * * * (441) New and amended regulations for the following APCDs were submitted on May 13, 2014 by the Governor’s Designee. (i) Incorporation by Reference. (A) South Coast Air Quality Management District. (1) Rule 1146, ‘‘Emissions of Oxides of Nitrogen from Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters,’’ amended November 1, 2013. (2) Rule 1146.1, ‘‘Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, E:\FR\FM\25SER1.SGM 25SER1 57445 Federal Register / Vol. 79, No. 186 / Thursday, September 25, 2014 / Rules and Regulations Steam Generators, and Process Heaters,’’ amended November 1, 2013. * * * * * [FR Doc. 2014–22482 Filed 9–24–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2013–0297; FRL–9912–69– Region 9] Revisions to the Arizona State Implementation Plan, Maricopa County Air Quality Department Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Maricopa County Air Quality Department (MCAQD) portion of the Arizona State Implementation Plan (SIP). This revision concerns particulate matter (PM) emissions from incinerators, burn-off ovens and crematories. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule is effective on November 24, 2014 without further notice, unless EPA receives adverse comments by October 27, 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 effect. SUMMARY: Submit comments, identified by docket number EPA–R09– OAR–2013–0297, by one of the following methods: 1. Federal eRulemaking Portal: 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 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 ADDRESSES: 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 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 rule did the State submit? B. Are there other versions of this rule? C. What is the purpose of the submitted rule? II. EPA’s Evaluation and Action A. How is EPA evaluating the rule? B. Does the rule meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rule D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rule did the State submit? Table 1 lists the rule we are approving with the dates that it was adopted by the local air agency and submitted by the Arizona Department of Environmental Quality (ADEQ). TABLE 1—SUBMITTED RULE Local agency Rule No. MCAQD 313 Rule title Incinerators, Burn-Off Ovens and Crematories ..................................................................... On February 27, 2013, the submittal for MCAQD Rule 313 was deemed by operation of law to meet the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. tkelley on DSK3SPTVN1PROD with RULES B. Are there other versions of this rule? The MCAQD adopted an earlier version of Rule 313 on July 13, 1988 and ADEQ submitted it to us on January 4, 1990. EPA never took action on this version of the rule. While we can only act on the most recently submitted version, we have reviewed materials provided with previous submittals. VerDate Sep<11>2014 Adopted 15:22 Sep 24, 2014 Jkt 232001 Submitted 05/09/12 08/27/12 C. What is the purpose of the submitted rule? document (TSD) has more information about this rule. PM contributes to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. Section 110(a) of the CAA requires States to submit regulations that control PM emissions. Rule 313 limits PM emissions from incinerators, burn-off ovens and crematories through a combination of emission standards and work practices. EPA’s technical support II. EPA’s Evaluation and Action PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 A. How is EPA evaluating the rule? Generally, SIP rules must be enforceable (see section 110(a) of the Act) and must not relax existing requirements (see sections 110(l) and 193). In addition, areas designated and classified as moderate nonattainment for PM–10 must implement Reasonably Available Control Measures (RACM), and areas designated and classified as serious nonattainment for PM–10 must implement Best Available Control E:\FR\FM\25SER1.SGM 25SER1

Agencies

[Federal Register Volume 79, Number 186 (Thursday, September 25, 2014)]
[Rules and Regulations]
[Pages 57442-57445]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22482]


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 ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0512; FRL-9915-35-Region 9]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the South Coast Air Quality 
Management District (SCAQMD) portion of the California State 
Implementation Plan (SIP). These revisions concern oxides of nitrogen 
(NOX) emissions from boilers, steam generators, and process 
heaters. We are approving local rules that regulate these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective on November 24, 2014 without further 
notice, unless EPA receives adverse comments by October 27, 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 effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0512, by one of the following methods:
    1. Federal eRulemaking Portal: 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 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

[[Page 57443]]

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: Nicole Law, EPA Region IX, (415) 947-
4126, law.nicole@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 or 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 (CARB).

                        Table 1--Submitted Rules
------------------------------------------------------------------------
  Local agency      Rule No.      Rule title      Amended     Submitted
------------------------------------------------------------------------
SCAQMD                   1146  Emissions of        11/01/13     05/13/14
                                Oxides of
                                Nitrogen from
                                Industrial,
                                Institutional,
                                and Commercial
                                Boilers, Steam
                                Generators,
                                and Process
                                Heaters.
SCAQMD                 1146.1  Emissions of        11/01/13     05/13/14
                                Oxides of
                                Nitrogen from
                                Small
                                Industrial,
                                Institutional,
                                and Commercial
                                Boilers, Steam
                                Generators,
                                and Process
                                Heaters.
------------------------------------------------------------------------

    On June 18, 2014, EPA determined that the submittal for SCAQMD 
Rules 1146 and 1146.1 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 earlier versions of Rule 1146 and 1146.1 into the SIP 
on April 8, 2002 (67 FR 16640) and September 6, 1995 (60 FR 46220). The 
SCAQMD adopted revisions to the SIP-approved versions on September 5, 
2008, CARB submitted them to us on July 20, 2010, and we proposed a 
simultaneous limited approval and limited disapproval of the two rules 
on July 8, 2011 (76 FR 40303). The proposed rulemaking was never 
finalized; therefore the current rule versions in the SIP are those 
approved on April 8, 2002 and September 6, 1995. SCAQMD has since 
revised their rules to address the deficiencies identified in our 
proposed limited approval/disapproval and CARB submitted the rule 
revisions to EPA on May 13, 2014.

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 1146 limits NOX and 
carbon monoxide (CO) emissions from boilers, steam generators, and 
process heaters with a total rated heat input larger than 5 MMBtu/hour. 
Rule 1146.1 limits NOX and CO from boilers, steam 
generators, and process heaters with a total rated heat input larger 
than 2 MMBtu/hour. EPA's technical support document (TSD) has 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 
sections 110(l) and 193). The SCAQMD regulates an ozone nonattainment 
area classified as extreme for the 8-hour ozone NAAQS (see 40 CFR Part 
81.305), so RACT is required for the area.
    Guidance and policy documents that we use to evaluate 
enforceability and RACT 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. ``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.
    Section 172(c)(1) of the Act requires implementation of all 
reasonably available control measures (RACM) as expeditiously as 
practicable in nonattainment areas. Because the South Coast Air Basin 
area is designated nonattainment for the 1997 and 2006 fine particulate 
matter (PM2.5) National Ambient Air Quality Standards 
(NAAQS) (see 40 CFR Part 81.305), the RACM requirement in CAA section 
172(c)(1) applies to this area.\1\
---------------------------------------------------------------------------

    \1\ EPA generally takes action on a RACM demonstration as part 
of our action on the State's attainment demonstration for the 
relevant NAAQS, based on an evaluation of the control measures 
submitted as a whole and their overall potential to advance the 
applicable attainment date in the area. See, e.g., 76 FR 69928 
(November 9, 2011) (final rule partially approving and partially 
disapproving PM2.5 attainment plan for South Coast).
---------------------------------------------------------------------------

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, RACM, and SIP relaxations. The 
TSD has more information on our evaluation.

[[Page 57444]]

C. EPA Recommendations To Further Improve the Rules

    The TSD 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 October 27, 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 November 24, 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 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 November 24, 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: July 25, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 paragraph (c)(441) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (441) New and amended regulations for the following APCDs were 
submitted on May 13, 2014 by the Governor's Designee.
    (i) Incorporation by Reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1146, ``Emissions of Oxides of Nitrogen from Industrial, 
Institutional, and Commercial Boilers, Steam Generators, and Process 
Heaters,'' amended November 1, 2013.
    (2) Rule 1146.1, ``Emissions of Oxides of Nitrogen from Small 
Industrial, Institutional, and Commercial Boilers,

[[Page 57445]]

Steam Generators, and Process Heaters,'' amended November 1, 2013.
* * * * *

[FR Doc. 2014-22482 Filed 9-24-14; 8:45 am]
BILLING CODE 6560-50-P