The EPA Regional Administrator, Jared Blumenfeld, signed the following

proposed rule on 07 /25/2014, and EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy of this Internet version of the rule, it is not the official version of the rule for purposes of public comment. Please refer to the official version in a forthcoming FR publication, which will appea r on the Government Printing Office's FDsys website ( http://fdsys.gpo.gov/fdsys/search/home.action ) and on Regulations.gov ( http://www.regulations.gov ) in Docket No. EPA

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 [ EPA
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- ] Revisions to the California State Implemen t at ion 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) p ortion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NOx) emissions from boiler s , steam generators, and process heaters . We are approving local rules that regulate these e mission sources under the Clean Air Act (CAA or the Act).
D ATES: This rule is effective on [ Insert date 60 days from the date of publication in the Federal Register ] without further notice, unless EPA receives adverse comments by [ Insert date 30This docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 2 days from the date of publication in the Federal Register] . If

we re ceive 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
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- 0512 , by one of the following methods : 1. Federal eRulemaking Portal: www.regulations.gov . Follow the

on - line instructions. 2. E
- mail: 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 protecte d should be clearly identified as such and should not be submitted through www.regulations.gov or e - mail. www.regulations.gov is an “anonymous access” system , and EPA wi ll not know your identity or contact information unless you provideThis docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 3 it in the body of your comment. If you send e

- mail directly to EPA, your e
- mail 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

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. Whi le 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 av ailable 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 ContentsThis docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 4
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.
I II. Statutory and Executive Order Reviews
. I. The State’ s Submittal
. A. What rules did the State submit? Table 1 lists the rule s we are approving with the date s that they

were adopted by the local air agenc y and submitted by the California Air Resource Board (CARB)
.

Table 1

- Submitted Rules

Local Agency Rule # Rule Title Amended Submitted

SCAQMD 1146 E missions of Oxides of Nitrogen f rom Industrial, 11/01/13 05/13/14This docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 5

Local Agency Rule # Rule Title Amended Submitted Institutional, and Commercial Boilers, Steam Generators, and Process Heaters SCAQMD 1146.1 Emissions of Oxides of Nitrogen from Small Industrial, Institutional, and Commercial Boilers, Steam Generators, and Process Heaters 11/01/13 05/13/14

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 version s 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 version s 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 tw o rules on July 8, 2011 ( 76 FR 40303 )
. The proposed rulemaking was never finalized ; thereforeThis docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 6 the current rule version s 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 S tates to submit regulations that control NOx emissions. Rule 1146 limits NOx and carbon monoxide (C O ) emissio ns 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 rule s ? 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 VOCThis docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 7 major so urce 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 Preambl e 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).This docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 8 5
. “NOx Emissions from Industrial/Commercial/Institutional (ICI) Boilers,” EPA

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- 022, March 1994. 6. “Determination of Reasonably Available Control Technology

a nd Best Available Retrofit Control Technology for Industrial, Institutional, and Commercial Boilers, Steam
Generator s, and Process Heaters,” CARB, July 18, 1991
. Section 172(c)(1) of the Act requires implementation of all reasonably available control measu res (RACM) a s 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 guidanc e regarding enforceability, RACT, RACM, and SIP relaxation s. The TSD has more information on our evaluation.
C. EPA recommendations to further improve the rules.
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 atta inment plan for South Coast).This docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 9 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 [ Insert date 30 days from date of publication in the Federal Register ], w e 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 co mments, the direct final approval will be effective without further notice on [ Insert date 60 days from date of publication in the Federal Register ]. This will incorporate these rules into the federally enforceable SIP. Please note that if EPA receives ad verse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA mayThis docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 10 adopt as final those provisions of the rule that are not the subject of an adverse comment. III. Statutory and E xecutive 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 S tate choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves
S tate law as meeting Federal requirements and does not impose additional requirements beyond those imposed by S tate law. For that reason, this action:

• is not a “ significant regulatory action ” subject to review by the Office of Management and Budget unde r 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 substan tial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);This docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 11

• does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 1 04

- 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) becaus e 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 In dian countryThis docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 12 located in the S tate, 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 Fairne ss 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 wi ll 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 [ I nsert date 60 days from date of publication of this document in the Federal Register]
. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality ofThis docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 13 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 ( s ee 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 dio xide, Ozone, Partic ulate matter , Reporting and recordkeeping requirements,.This docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 14 Dated: June 25, 2014
. //signed// Jared Blumenfeld , Regional Administrator , Region IX
.This docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 15
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, Steam Generators, and Process Heaters,” amended November 1, 2013.This docum ent is a prepublication version, signed by the EPA Regional

Administrator on 07 /25/2014. We have taken steps to ensure the accuracy of this version, but it is not the official version. 16

* * * * *