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 appear 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-R09-OAR-2014-

0512. Once the official version of this document is published in the FR, this 

version will be removed from the Internet and replaced with a link to the 

official version.

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0512; FRL-]

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 [Insert date 60 days from the 

date of publication in the Federal Register] without further 

notice, unless EPA receives adverse comments by [Insert date 30 
This document 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 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. 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 

protected 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 will 

not know your identity or contact information unless you provide 
This document 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

94105-3901. 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: 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 
This document 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.

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 # Rule Title Amended Submitted

SCAQMD 1146 Emissions of Oxides of 

Nitrogen from 

Industrial, 

11/01/13 05/13/14
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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 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 
This document 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 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 
This document 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 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).
This document 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-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.

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 attainment plan for South Coast).
This document 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], 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 [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 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 
This document 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 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.);
This document 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 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 
This document 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 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 [Insert 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 of 
This document 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 (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,.
This document 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 document 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 document 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

* * * * *