Air Plan Approval; California; San Diego County Air Pollution Control District; Oxides of Nitrogen, 5833-5835 [2023-01124]
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Proposed Rules
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Coordination
With Indian Tribal Governments
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The State did not evaluate
environmental justice considerations as
part of its SIP submittal. There is no
information in the record inconsistent
with the stated goals of E.O. 12898 of
achieving environmental justice for
people of color, low-income
populations, and indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Carbon oxides,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen oxides, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 19, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023–01500 Filed 1–27–23; 8:45 am]
BILLING CODE 6560–50–P
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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I. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0682; FRL–10126–
01–R9]
Air Plan Approval; California; San
Diego County Air Pollution Control
District; Oxides of Nitrogen
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the San Diego County Air
Pollution Control District (SDCAPCD)
portion of the California State
Implementation Plan (SIP). This
revision concerns emissions of oxides of
nitrogen (NOX) from boilers, process
heaters, and steam generators. We are
proposing to approve a local rule to
regulate these emission sources under
the Clean Air Act (CAA or the ‘‘Act’’).
We are taking comments on this
proposal and plan to follow with a final
action.
DATES: Comments must be received on
or before March 1, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0682 at https://
www.regulations.gov. For comments
SUMMARY:
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5833
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: La
Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3245 or by
email at evans.lakenya@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the 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. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. EPA’s Recommendations To Further
Improve the Rule
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the dates that it was
adopted by the SDCAPCD and
submitted by the California Air
Resources Board (CARB).
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Proposed Rules
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
Rule title
Adopted
Submitted
SDCAPCD ................................
69.2.2
Medium Boilers, Process Heaters, and Steam Generators .....
09/09/21
03/09/22
On September 9, 2022, the submittal
for SDCAPCD Rule 69.2.2 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.
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B. Are there other versions of this rule?
There are no previous versions of
Rule 69.2.2 in the SIP. The SDCAPCD
adopted an earlier version of this rule
on July 8, 2020, which was submitted to
the EPA on September 21, 2020 (‘‘2020
submittal’’). The EPA provided
comments for rule revisions to
SDCAPCD without acting on the 2020
submittal, and the SDCAPCD
subsequently amended the rule. Rule
69.2.2 was re-submitted to the EPA on
March 9, 2022 (‘‘2022 submittal’’), but
the background information for Rule
69.2.2 was not included. In a letter to
the EPA Region IX Regional
Administrator dated November 22,
2022, CARB withdrew the 2020
submittal. The EPA will use the
background information in the Staff
Report from the 2020 submittal to
proceed with our action on the 2022
submittal, as SDCAPCD’s September 21,
2022 withdrawal request letter to CARB
clarifies.
C. What is the purpose of the submitted
rule?
Emissions of NOX contribute to the
production of ground-level ozone and
smog, which harm human health and
the environment. Section 110(a) of the
CAA requires states to submit
regulations that control NOX emissions.
Rule 69.2.2 regulates boilers, process
heaters, and steam generators (units)
with a heat input rating greater than 2
million British thermal unit (Btu) per
hour to less than 5 million Btu per hour
that are manufactured, sold, offered for
sale or distributed, or installed for use
within San Diego County. New units
that operate on gaseous fuel have a NOX
emission limit of 30 parts per million by
volume (ppmv) and new units that
operate on liquid fuel have a NOX
emission limit of 40 ppmv. Units that
operate on a mixture of liquid and
gaseous fuels must calculate their heatinput weighted average to comply with
the NOX emission limits of the rule. The
rule also gives a CO emission limit of
400 ppmv for new units. All emission
limits are calculated at 3 percent oxygen
(O2). Existing or relocated units, along
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with new units, are required to have a
tune-up once a year. New units are
required to monitor the burning of
liquid and gaseous fuel through a nonresettable, totalizing meter to measure
either the mass flow rate or volumetric
flow rate, temperature, and pressure of
each fuel to the unit. Manufacturers of
units without a permit to operate that
are sold in San Diego County must
apply for certification. Facility operators
or owners of these units must apply for
an authority to construct/permit to
operate or must register the unit to
demonstrate that the unit complies with
the emission limits of Rule 69.2.2. Test
methods are provided in Rule 69.2.2 for
new unit compliance testing and
certification for sale in San Diego
County. Test methods are also provided
for new units certifying their higher
heating value of a fuel if not provided
by a third party provider.
The EPA’s technical support
document (TSD) has more information
about this rule.
2. EPA Region IX, ‘‘Guidance Document for
Correcting Common VOC & Other Rule
Deficiencies,’’ August 21, 2001 (the Little
Bluebook).
3. EPA Region V, ‘‘NOX Emissions from
Industrial/Commercial/Institutional (ICI)
Boilers,’’ March 1994.
4. CARB, ‘‘Determination of Reasonably
Available Control Technology and Best
Available Retrofit Control Technology
for Industrial, Institutional, and
Commercial Boilers, Steam Generators,
and Process Heaters,’’ July 18, 1991.
II. The EPA’s Evaluation and Action
D. Public Comment and Proposed
Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable
(see CAA section 110(a)(2)), must not
interfere with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193).
Generally, SIP rules must require
reasonably available control technology
(RACT) for each major source of NOX in
ozone nonattainment areas classified as
Moderate or above (see CAA sections
182(b)(2) and 182(f)). The SDCAPCD
regulates an ozone nonattainment area
classified as Severe for both the 2008
and 2015 8-hour National Ambient Air
Quality Standards NAAQS (40 CFR
81.305). Therefore, this rule must
implement RACT.
Guidance and policy documents that
we used to evaluate enforceability,
revision/relaxation, and rule stringency
requirements for the applicable criteria
pollutants include the following:
1. EPA, ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,’’
May 25, 1988 (the Bluebook, revised
January 11, 1990).
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B. Does the rule meet the evaluation
criteria?
This rule meets CAA requirements
and is consistent with relevant guidance
regarding enforceability and SIP
revisions. The TSD has more
information on our evaluation.
C. EPA Recommendations To Further
Improve the Rule
The TSD also includes
recommendations for the next time the
SDCAPCD modifies the rule.
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule because it
fulfills all relevant requirements. We
will accept comments from the public
on this proposal until March 1, 2023. If
we take final action to approve the
submitted rule, our final action will
incorporate this rule into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
San Diego County Air Pollution Control
District Rule 69.2.2, adopted on
September 9, 2021, which regulates
operations and emissions of certain
boilers, process heaters, and steam
generators, as discussed in section I. of
this preamble. The EPA has made, and
will continue to make, these materials
available through https://
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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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);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this proposed action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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); and
• 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.
The state did not evaluate
environmental justice considerations as
part of its SIP submittal. There is no
information in the record inconsistent
with the stated goals of Executive Order
12898 (59 FR 7629, February 16, 1994)
of achieving environmental justice for
people of color, low-income
populations, and indigenous peoples.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
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Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 16, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023–01124 Filed 1–27–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0926; FRL–10482–
01–R9]
Clean Air Plans; 2015 8-Hour Ozone
Nonattainment Area Requirements;
Clean Fuels or Advanced Control
Technology for Boilers; San Joaquin
Valley and Los Angeles—South Coast
Air Basin, California
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the California State
Implementation Plan (SIP) concerning
the provisions for clean fuels or
advanced control technology for boilers
for the 2015 ozone national ambient air
quality standards (‘‘2015 ozone
NAAQS’’) in the San Joaquin Valley and
Los Angeles—South Coast Air Basin,
California (‘‘South Coast’’) ozone
nonattainment areas. The SIP revisions
include the ‘‘Certification that the San
Joaquin Valley Unified Air Pollution
Control District’s Current Rules Address
the Clean Air Act’s Clean Fuels for
Boilers Requirements for the 2015 8hour Ozone Standard’’ for San Joaquin
Valley (‘‘2021 San Joaquin Valley
Certification’’) and the ‘‘Clean Fuels for
Boilers Compliance Demonstration for
the South Coast Air Basin’’ for South
Coast (‘‘2021 South Coast
Certification’’), both submitted on
August 3, 2021. We are proposing to
approve these revisions under the Clean
Air Act (CAA or ‘‘the Act’’), which
establishes clean fuels or advanced
SUMMARY:
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5835
control technology for boilers
requirements for ‘‘Extreme’’ ozone
nonattainment areas.
Written comments must arrive
on or before March 1, 2023.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0926 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Khoi Nguyen, Air Planning Office
(ARD–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
947–4120, or by email at nguyen.khoi@
epa.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. Statutory and Regulatory Requirements
A. Procedural Requirements for Adoption
and Submittal of SIP Revisions
B. Requirements for Clean Fuels or
Advanced Control Technology for
Boilers
III. Summary of the State’s Submittal
A. Adoption and Submittal of SIP
Revisions
B. 2021 San Joaquin Valley Certification
C. 2021 South Coast Certification
E:\FR\FM\30JAP1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5833-5835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01124]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0682; FRL-10126-01-R9]
Air Plan Approval; California; San Diego County Air Pollution
Control District; Oxides of Nitrogen
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the San Diego County Air Pollution Control
District (SDCAPCD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of oxides of nitrogen
(NOX) from boilers, process heaters, and steam generators.
We are proposing to approve a local rule to regulate these emission
sources under the Clean Air Act (CAA or the ``Act''). We are taking
comments on this proposal and plan to follow with a final action.
DATES: Comments must be received on or before March 1, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0682 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: La Kenya Evans, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the 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. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. EPA's Recommendations To Further Improve the Rule
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the SDCAPCD and submitted by the California Air
Resources Board (CARB).
[[Page 5834]]
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD............................ 69.2.2 Medium Boilers, Process 09/09/21 03/09/22
Heaters, and Steam
Generators.
----------------------------------------------------------------------------------------------------------------
On September 9, 2022, the submittal for SDCAPCD Rule 69.2.2 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.
B. Are there other versions of this rule?
There are no previous versions of Rule 69.2.2 in the SIP. The
SDCAPCD adopted an earlier version of this rule on July 8, 2020, which
was submitted to the EPA on September 21, 2020 (``2020 submittal'').
The EPA provided comments for rule revisions to SDCAPCD without acting
on the 2020 submittal, and the SDCAPCD subsequently amended the rule.
Rule 69.2.2 was re-submitted to the EPA on March 9, 2022 (``2022
submittal''), but the background information for Rule 69.2.2 was not
included. In a letter to the EPA Region IX Regional Administrator dated
November 22, 2022, CARB withdrew the 2020 submittal. The EPA will use
the background information in the Staff Report from the 2020 submittal
to proceed with our action on the 2022 submittal, as SDCAPCD's
September 21, 2022 withdrawal request letter to CARB clarifies.
C. What is the purpose of the submitted rule?
Emissions of NOX contribute to the production of ground-
level ozone and smog, which harm human health and the environment.
Section 110(a) of the CAA requires states to submit regulations that
control NOX emissions. Rule 69.2.2 regulates boilers,
process heaters, and steam generators (units) with a heat input rating
greater than 2 million British thermal unit (Btu) per hour to less than
5 million Btu per hour that are manufactured, sold, offered for sale or
distributed, or installed for use within San Diego County. New units
that operate on gaseous fuel have a NOX emission limit of 30
parts per million by volume (ppmv) and new units that operate on liquid
fuel have a NOX emission limit of 40 ppmv. Units that
operate on a mixture of liquid and gaseous fuels must calculate their
heat-input weighted average to comply with the NOX emission
limits of the rule. The rule also gives a CO emission limit of 400 ppmv
for new units. All emission limits are calculated at 3 percent oxygen
(O2). Existing or relocated units, along with new units, are
required to have a tune-up once a year. New units are required to
monitor the burning of liquid and gaseous fuel through a non-
resettable, totalizing meter to measure either the mass flow rate or
volumetric flow rate, temperature, and pressure of each fuel to the
unit. Manufacturers of units without a permit to operate that are sold
in San Diego County must apply for certification. Facility operators or
owners of these units must apply for an authority to construct/permit
to operate or must register the unit to demonstrate that the unit
complies with the emission limits of Rule 69.2.2. Test methods are
provided in Rule 69.2.2 for new unit compliance testing and
certification for sale in San Diego County. Test methods are also
provided for new units certifying their higher heating value of a fuel
if not provided by a third party provider.
The EPA's technical support document (TSD) has more information
about this rule.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
Generally, SIP rules must require reasonably available control
technology (RACT) for each major source of NOX in ozone
nonattainment areas classified as Moderate or above (see CAA sections
182(b)(2) and 182(f)). The SDCAPCD regulates an ozone nonattainment
area classified as Severe for both the 2008 and 2015 8-hour National
Ambient Air Quality Standards NAAQS (40 CFR 81.305). Therefore, this
rule must implement RACT.
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and rule stringency requirements
for the applicable criteria pollutants include the following:
1. EPA, ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' May 25, 1988 (the Bluebook, revised January 11,
1990).
2. EPA Region IX, ``Guidance Document for Correcting Common VOC &
Other Rule Deficiencies,'' August 21, 2001 (the Little Bluebook).
3. EPA Region V, ``NOX Emissions from Industrial/
Commercial/Institutional (ICI) Boilers,'' March 1994.
4. CARB, ``Determination of Reasonably Available Control Technology
and Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' July 18, 1991.
B. Does the rule meet the evaluation criteria?
This rule meets CAA requirements and is consistent with relevant
guidance regarding enforceability and SIP revisions. The TSD has more
information on our evaluation.
C. EPA Recommendations To Further Improve the Rule
The TSD also includes recommendations for the next time the SDCAPCD
modifies the rule.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until March 1, 2023. If we take final action to approve the submitted
rule, our final action will incorporate this rule into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference San Diego County Air Pollution Control District Rule 69.2.2,
adopted on September 9, 2021, which regulates operations and emissions
of certain boilers, process heaters, and steam generators, as discussed
in section I. of this preamble. The EPA has made, and will continue to
make, these materials available through https://www.regulations.gov and
at the EPA Region IX Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
[[Page 5835]]
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); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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); and
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.
The state did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of Executive Order 12898 (59 FR
7629, February 16, 1994) of achieving environmental justice for people
of color, low-income populations, and indigenous peoples.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 16, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-01124 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P
