16640 Federal Register / Vol. 67, No. 67 / Monday, April 8, 2002 / Rules and Regulations

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule 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. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: March 1, 2002.

Keith Takata,

Acting Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F—California

2. Section 52.220 is amended by

adding paragraph (c)(292) to read as

follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(292) New and amended regulations

for the following APCDs were submitted

on November 7, 2001, by the Governor’s

designee.

(i) Incorporation by reference.

(A) Monterey Bay Air Pollution

Control District.

(1) Rule 431, adopted on October 17,

2001.

* * * * *

[FR Doc. 02–8293 Filed 4–5–02; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 210–0306a; FRL–7165–2]

Revisions to the California State

Implementation Plan, South Coast Air

Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: 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 nitrogen oxides (NOX)

emissions from fuel burning equipment

and from boilers, steam generators,

process heaters, and from water heaters.

We are approving local rules under the

Clean Air Act as amended in 1990 (CAA

or the Act).

DATES: This rule is effective on June 7,

2002 without further notice, unless EPA

receives adverse comments by May 8,

2002. If we receive such comments, we

will publish a timely withdrawal in the

Federal Register to notify the public

that this rule will not take effect.

ADDRESSES: Mail comments to Andy

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

You can inspect a copy of the

submitted rule revisions and EPA’s

technical support documents (TSDs) at

our Region IX office during normal

business hours. You may also see a copy

of the submitted rule revisions and

TSDs at the following locations:

Environmental Protection Agency, Air

Docket (6102), Ariel Rios Building,

1200 Pennsylvania Avenue, NW.,

Washington DC 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 1001 ‘‘I’’ Street,

Sacramento, CA 95814.

South Coast Air Quality Management

District, 21865 East Copley Drive,

Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Al

Petersen, Rulemaking Office (AIR–4),

U.S. Environmental Protection Agency,

Region IX; (415) 947–4118.

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 are the changes or purposes to the

submitted rules?

II. EPA’s Evaluation and Action

A. How is EPA evaluating the rules?

B. Do the rules meet the evaluation

criteria?

C. Public comment and final action

D. EPA recommendation to further

improve the rules

III. Background Information

A. Why were these rules submitted?

IV. Administrative Requirements

I. The State’s Submittal

A. What Rules Did the State Submit?

Table 1 lists the rules we are

approving with the date that they were

adopted by the local air agency and

submitted by the California Air

Resources Board (CARB).

TABLE 1.—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted

SCAQMD ................................ 1146 Emission of Oxides of Nitrogen from Industrial, Institutional,

and Commercial Boilers, Steam Generators, and Process

Heaters.

11/17/00 05/08/01

SCAQMD ................................ 1146.2 Emission of Oxides of Nitrogen from Large Water Heaters

and Small Boilers.

01/09/98 05/18/98

On July 20, 2001 and July 17, 1998,

respectively, these submittals were

found 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 These

Rules?

We approved a version of SCAQMD

Rule 1146 into the SIP on September 6,

1995 (60 FR 46220). There are no

previous versions of SCAQMD Rule

1146.2 in the SIP.

The SCAQMD also adopted revisions

to the SIP-approved version of Rule

1146 on June 16, 2000, and CARB

submitted them to us on February 8,

2001. While we can act on only the most

recently submitted version, we have

reviewed materials provided with the

previous submittal.

Federal Register / Vol. 67, No. 67 / Monday, April 8, 2002 / Rules and Regulations 16641

C. What Are the Changes or Purposes to

the Submitted Rules?

The changes to revised SCAQMD Rule

1146 are as follows:

• The NOX emission limit is lowered

from 40 to 30 ppmv by phasing-in

partially on January 1, 2002 and

partially on July 1, 2002.

• Requirements for annual emission

testing are added.

• A requirement for totalizing fuel

flow meters for units burning both

gaseous fuel and non-gaseous fuel is

added.

• A one-time exemption for facilities

that exceeded the 90,000 therms per

year fuel usage threshold in 1996 was

added.

The purpose for Rule 1146.2 is to

regulate NOX and CO emissions from

any natural-gas fired large commercial

water heater, small industrial boiler, or

process heater with a rated heat input

capacity starting at 75,000 Btu per hour

up to 2,000,000 Btu per hour.

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

CAA), must require Reasonably

Available Control Technology (RACT)

for major sources of NOX in ozone

nonattainment areas (see section 182(f)

and must not relax existing

requirements (see sections 110(1) and

193). The SCAQMD regulates an

extreme ozone nonattainment area (see

40 CFR part 81). Such areas must fulfill

RACT for all major sources of NOX

pursuant to sections 107(d) and 182(f) of

the CAA.

Guidance and policy documents that

we used to define specific enforceability

and RACT requirements include the

following:

• Requirements for Preparation,

Adoption, and Submittal of

Implementation Plans, U.S. EPA, 40

CFR part 51.

• Issues Relating to VOC Regulation

Cutpoints, Deficiencies, and Deviations;

Clarification to Appendix D of

November 24,1987 Federal Register

Notice, (Blue Book), notice of

availability published in the May 25,

1988 Federal Register.

• State Implementation Plans;

Nitrogen Oxides Supplement to the

General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990 (the ‘‘NOX

Supplement to the General Preamble’’),

U.S. EPA, 57 FR 55620 (November 25,

1992).

• Cost-Effective Nitrogen Oxides

(NOX) Reasonably Available Control

Technology (RACT), U.S. EPA Office of

Air Quality Planning and Standards

(March 16, 1994).

• State Implementation Plans: Policy

Regarding Excess Emissions During

Malfunctions, Startup, and Shutdown,

U.S. EPA, Office of Air Quality Planning

and Standards (September 20, 1999).

• 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).

B. Do the Rules Meet the Evaluation

Criteria?

We believe the rules are consistent

with the relevant policy and guidance

regarding enforceability, RACT, and SIP

relaxations.

C. Public Comment and Final Action

As authorized in section 110(k)(3) of

the CAA, EPA is fully approving

submitted SCAQMD Rules 1146 and

1146.2 because we believe they fulfill

all relevant requirements. We do not

think anyone will object to this, so we

are finalizing the approval 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 May 8, 2002, 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 June 7, 2002.

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.

D. EPA Recommendation To Further

Improve the Rules

The Rule 1146.2 TSD describes an

additional rule revision that does not

affect EPA’s current action but is

recommended for the next time the local

agency modifies the rule.

III. Background Information

A. Why Were these Rules Submitted?

NOX helps produce ground-level

ozone and smog, which harm human

health and the environment. Section

110(a) of the CAA requires states to

submit rules that control NOX

emissions. Table 2 lists some of the

national milestones leading to the

submittal of these local agency rules.

TABLE 2.—OZONE NONATTAINMENT

MILESTONES

Date Event

March 3, 1978 EPA promulgated a list of

ozone nonattainment

areas under the Clean Air

Act as amended in 1977.

43 FR 8964; 40 CFR

81.305.

May 26, 1988 EPA notified Governors that

parts of their SIPs were inadequate to attain and

maintain the ozone standard and requested that

they correct the deficiencies (EPA’s SIP-Call).

See section 110(a)(2)(H)

of the pre-amended Clean

Air Act.

November 15,

1990.

Clean Air Act Amendments

of 1990 were enacted.

Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C.

7401–7671q.

May 15, 1991 Section 182(a)(2)(A) requires

that ozone nonattainment

areas correct deficient

RACT rules by this date.

IV. Administrative Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. For

this reason, this action is also not

subject to Executive Order 13211,

‘‘Actions Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use’’ (66 FR 28355, May

22, 2001). This action merely approves

state law as meeting federal

requirements and imposes no additional

requirements beyond those imposed by

state law. Accordingly, the

Administrator certifies that this rule

will not have a significant economic

impact on a substantial number of small

entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this

rule approves pre-existing requirements

under state law and does not impose

any additional enforceable duty beyond

that required by state law, it 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).

This rule also does not have tribal

implications because it will not have a

substantial direct effect on one or more

Indian tribes, on the relationship

16642 Federal Register / Vol. 67, No. 67 / Monday, April 8, 2002 / Rules and Regulations

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000). This

action also does not have Federalism

implications because it does 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, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999). This action merely

approves a state rule implementing a

Federal standard, and does not alter the

relationship or the distribution of power

and responsibilities established in the

CAA. This rule also is not subject to

Executive Order 13045, ‘‘Protection of

Children from Environmental Health

Risks and Safety Risks’’ (62 FR 19885,

April 23, 1997), because it is not

economically significant.

In reviewing SIP submissions, EPA’s

role is to approve state choices,

provided that they meet the criteria of

the CAA. In this context, in the absence

of a prior existing requirement for the

State to use voluntary consensus

standards (VCS), EPA has no authority

to disapprove a SIP submission for

failure to use VCS. It would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the CAA. Thus, the requirements of

section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (15 U.S.C. 272 note) do not

apply. This rule does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.).

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 rule 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 CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by June 7, 2002. Filing a petition

for reconsideration by the Administrator

of this final rule does not affect the

finality of this rule 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. 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

oxides, Ozone, Reporting and

recordkeeping requirements.

Dated: March 8, 2002.

Keith Takata,

Acting Regional Administrator, Region IX.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c)(255)(i)(F) and

(284)(i)(B)(2) to read as follows:

§ 52.220 Identification of plan.

(c) * * *

(255) * * *

(i) * * *

(F) South Coast Air Quality

Management District.

(1) Rule 1146.2, adopted on January 9,

1998.

* * * * *

(284) * * *

(i) * * *

(B) * * *

(2) Rule 1146, adopted on November

17, 2000.

* * * * *

[FR Doc. 02–8291 Filed 4–5–02; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 259–0332c; FRL–7158–9]

Interim Final Determination That the

State of California Has Corrected

Deficiencies and Stay of Sanctions,

South Coast Air Quality Management

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final determination.

SUMMARY: Elsewhere in today’s Federal

Register, EPA has published a direct

final rulemaking fully approving the

State of California’s submittal of a

revision to the South Coast Air Quality

Management District (SCAQMD) portion

of the State Implementation Plan (SIP).

We have also published a proposed

rulemaking to provide the public with

an opportunity to comment on EPA’s

action. If a person submits adverse

comments on our direct final action, we

will withdraw our direct final rule and

will consider any comments received

before taking final action on the State’s

submittal. Based on the proposed full

approval, we are making an interim

final determination by this action that

the State has corrected the deficiencies

for which a sanctions clock began on

August 25, 2000. This action will stay

the imposition of the offset sanction and

defer the imposition of the highway

sanction. Although this action is

effective upon publication, we will take

comment. If no comments are received

on our approval of the State’s submittal

and on our interim final determination,

the direct final action published in

today’s Federal Register will also

finalize our determination that the State

has corrected the deficiencies that

started the sanctions clock. If comments

are received on our approval or on this

interim final determination, we will

publish a final rule taking into

consideration any comments received.

DATES: This interim final determination

is effective April 8, 2002. Comments

must be received by May 8, 2002.

ADDRESSES: Mail comments to Andy

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105.

You can inspect copies of the

submitted rule revisions and EPA’s

technical support document (TSD) at

our Region IX office during normal

business hours. You may also see copies

of the submitted rule revisions and TSD

at the following locations: