9138 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Proposed Rules

1The Los Angeles-South Coast Air Basin Area

retained its designation of nonattainment and was

classified by operation of law pursuant to sections

107(d) and 181(a) upon the date of enactment of the

CAA. See 55 FR 56694 (November 6, 1991).

2EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

3Among other things, the pre-amendment

guidance consists of those portions of the proposed

post-1987 ozone and carbon monoxide policy that

concern RACT, 52 FR 45044 (November 24, 1987);

and ‘‘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 was

published in the Federal Register on May 25, 1988).

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 009–0028; FRL–5694–9]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; South

Coast Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing a limited

approval and limited disapproval of

revisions to the California State

Implementation Plan (SIP) for ozone.

The revisions concern the control of

oxides of nitrogen (NOX) from boilers,

process heaters, and internal

combustion engines. The intended effect

of proposing limited approval and

limited disapproval of these rules is to

regulate emissions of NOX in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). EPA’s final action on

this proposed rulemaking will

incorporate these rules into the

Federally approved SIP. EPA has

evaluated these rules and is proposing

a simultaneous limited approval and

limited disapproval under provisions of

the CAA regarding EPA actions on SIP

submittals and general rulemaking

authority because these revisions, while

strengthening the SIP, also do not fully

meet the CAA provisions regarding plan

submissions and requirements for

nonattainment areas.

DATES: Comments on this proposed

action must be received in writing on or

before March 31, 1997.

ADDRESSES: Comments may be mailed

to: Andrew Steckel, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901.

Copies of the rules and EPA’s

evaluation report of each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

also available for inspection at the

following locations:

South Coast Air Quality Management

District, 21865 E. Copley Drive,

Diamond Bar, CA 91765–4182.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Office (AIR–4), Air

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105,

Telephone: (415) 744–1200.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being proposed for limited

approval and limited disapproval are

South Coast Air Quality Management

District (SCAQMD) Rule 1109,

Emissions of Oxides of Nitrogen from

Boilers and Process Heaters in

Petroleum Refineries, adopted by

SCAQMD on August 5, 1988; and Rule

1110.2, Emissions from Gaseous- and

Liquid-Fueled Internal Combustion

Engines, adopted on December 9, 1994.

Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 (CAA) were

enacted. Pub. L. 101–549, 104 Stat.

2399, codified at 42 U.S.C. 7401–7671q.

The air quality planning requirements

for the reduction of NOX emissions

through reasonably available control

technology (RACT) are set out in section

182(f) of the CAA. On November 25,

1992, EPA published a notice of

proposed rulemaking (NPR) entitled

‘‘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)

which describes the requirements of

section 182(f). The NOX Supplement

should be referred to for further

information on the NOX requirements

and is incorporated into this document

by reference.

Section 182(f) of the CAA requires

States to apply the same requirements to

major stationary sources of NOX

(‘‘major’’ as defined in section 302 and

sections 182 (c), (d), and (e)) as are

applied to major stationary sources of

volatile organic compounds (VOCs), in

moderate or above ozone nonattainment

areas. The Los Angeles-South Coast Air

Basin is classified as extreme;1 therefore

this area was subject to the RACT

requirements of section 182(f), section

182(b)(2), and the November 15, 1992

deadline, cited below.

Section 182(b)(2) requires submittal of

RACT rules for major stationary sources

of VOC emissions (not covered by a preenactment control technique guidelines

(CTG) document or a post-enactment

CTG document) by November 15, 1992.

There were no NOX CTGs issued before

enactment and EPA has not issued a

CTG document for any NOX sources

since enactment of the CAA. The RACT

rules covering NOX sources and

submitted as SIP revisions are expected

to require final installation of the actual

NOX controls as expeditiously as

practicable, but no later than May 31,

1995.

This document addresses EPA’s

proposed action for SCAQMD Rule

1109, Emissions of Oxides of Nitrogen

from Boilers and Process Heaters in

Petroleum Refineries, and Rule 1110.2,

Emissions from Gaseous- and LiquidFueled Internal Combustion Engines.

The SCAQMD adopted Rule 1109 on

August 5, 1988, and the rule was

submitted by the California Air

Resources Board (CARB) to EPA on

March 26, 1990. Rule 1110.2 was

adopted on December 9, 1994, and

submitted on April 13, 1995. The above

rules were found to be complete on June

20, 1990, and May 2, 1995, respectively,

pursuant to EPA’s completeness criteria

that are set forth in 40 CFR Part 51

Appendix V,2 and are being proposed

for limited approval and limited

disapproval into the SIP.

Rule 1109 and Rule 1110.2 control

NOX emissions from refinery boilers and

process heaters, and internal

combustion (I/C) engines. NOX

emissions contribute to the production

of ground level ozone and smog. These

rules were adopted as part of

SCAQMD’s efforts to achieve the

National Ambient Air Quality Standards

for ozone and in response to the CAA

requirements cited above. The following

is EPA’s evaluation and proposed action

for these rules.

EPA Evaluation and Proposed Action

In determining the approvability of a

NOX rule, EPA must evaluate the rule

for consistency with the requirements of

the CAA and EPA regulations, as found

in section 110 and Part D of the CAA,

and 40 CFR Part 51 (Requirements for

Preparation, Adoption and Submittal of

Implementation Plans). EPA’s

interpretation of these requirements,

which forms the basis for this action,

appears in the NOX Supplement and

various other EPA policy guidance

documents.3 Among these provisions is
Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Proposed Rules 9139

the requirement that a NOX rule must,

at a minimum, provide for the

implementation of RACT for major

stationary sources of NOX emissions.

For the purposes of assisting State and

local agencies in developing NOX RACT

rules, EPA prepared the NOX

Supplement to the General Preamble,

cited above (57 FR 55620). In the NOX

Supplement, EPA provides guidance on

how RACT will be determined for

stationary sources of NOX emissions.

While most of the guidance issued by

EPA on what constitutes RACT for

stationary sources has been directed

towards application for VOC sources,

much of the guidance is also applicable

to RACT for stationary sources of NOX

(see section 4.5 of the NOX

Supplement). In addition, pursuant to

section 183(c), EPA has issued

alternative control technique documents

(ACTs) that identify alternative controls

for all categories of stationary sources of

NOX. The ACT documents provide

information on control technology for

stationary sources that emit or have the

potential to emit 25 tons per year or

more of NOX. However, the ACTs will

not establish a presumptive norm for

what is considered RACT for stationary

sources of NOX. In general, the guidance

documents cited above, as well as other

relevant and applicable guidance

documents, have been set forth to

ensure that submitted NOX RACT rules

meet Federal RACT requirements and

are fully enforceable and strengthen or

maintain the SIP.

SCAQMD Rule 1109 controls

emissions of nitrogen oxides from

boilers and process heaters located in

petroleum refineries with rated

capacities greater than 40 MBtu per

hour heat input. The rule requires units

to meet a 0.03 pound per million Btu

heat input limit in accordance with a

phased time schedule. The emission

limits will strengthen the SIP, but this

rule contains deficiencies which must

be corrected. Those deficiencies include

Executive Officer discretion in

approving continuous emission

monitoring equipment and test

methods, insufficient records to

determine compliance, and an

unapprovable provision for an

alternative emission control plan.

Rule 1110.2 controls NOX, carbon

monoxide (CO), and reactive organic

gases (ROG) from I/C engines. The

emission limits in this rule are 36 ppm

for NOX, 2000 ppm for CO, and 250

ppm for ROG. Certain types of units

specifically identified in the rule may

have an allowable NOX emission limit

of approximately 45 ppm. In setting

these limits, the SCAQMD considered

emission reductions, control

technologies, cost-effectiveness, and

environmental impacts. EPA agrees that

the limits incorporated into SCAQMD

Rule 1110.2 are consistent with the

Agency’s guidance and policy for

making RACT determinations, and that

these limits satisfy the RACT

requirement. The limits of Rule 1110.2

will strengthen the SIP, but this rule

contains deficiencies with respect to the

requirements of the CAA and EPA

regulations as interpreted in the various

policy guidance documents discussed

earlier. Certain existing units are not

required to be in compliance until the

year 2004, which is well beyond the

statutory May 31, 1995 deadline, and

the rule allows for Executive Officer

discretion in approving continuous

emission monitoring equipment and test

methods for determining compliance

with emission limits.

EPA has evaluated the submitted

rules described above for consistency

with the CAA, EPA regulations, and

EPA policy, and although these rules

will strengthen the SIP, they still

contain deficiencies which were

required to be corrected pursuant to the

section 182(a)(2)(A) requirement of Part

D of the CAA. A more detailed

discussion of the sources controlled, the

limits required, justification for why

these limits satisfy RACT, and the rule

deficiencies can be found in the

Technical Support Document (TSD) for

each rule, available from the U.S. EPA

Region IX office. Because of the

deficiencies, these rules are not

consistent with the interpretation of

section 172 of the 1977 CAA as found

in the Blue Book and may lead to rule

enforceability problems. As a result,

these rules are not approvable pursuant

to section 182(a)(2), section 182(b)(2),

section 182(f) and Part D of the CAA.

For the reasons mentioned above,

EPA cannot grant full approval of these

rules under section 110(k)(3) and Part D.

Also, because the submitted rules are

not composed of separable parts which

meet all the applicable requirements of

the CAA, EPA cannot grant partial

approval of the rules under section

110(k)(3). However, EPA may grant a

limited approval of the submitted rules

under section 110(k)(3) in light of EPA’s

authority pursuant to section 301(a) to

adopt regulations necessary to further

air quality by strengthening the SIP. The

approval is limited because EPA’s

action also contains a simultaneous

limited disapproval. In order to

strengthen the SIP, EPA is proposing a

limited approval of the SCAQMD’s

submitted Rule 1109 and Rule 1110.2,

under sections 110(k)(3) and 301(a) of

the CAA as meeting the requirements of

section 110(a) and Part D.

At the same time, EPA is also

proposing a limited disapproval of these

rules because they contain deficiencies

which must be corrected in order to

fully meet the requirements of section

182(a)(2), section 182(b)(2), section

182(f), and Part D of the Act. Under

section 179(a)(2), if the Administrator

disapproves a submission under section

110(k) for an area designated

nonattainment, based on the

submission’s failure to meet one or more

of the elements required by the Act, the

Administrator must apply one of the

sanctions set forth in section 179(b)

unless the deficiency has been corrected

within 18 months of such disapproval.

Section 179(b) provides two sanctions

available to the Administrator: highway

funding and offsets. The 18 month

period referred to in section 179(a) will

begin on the effective date of EPA’s final

limited disapproval. Moreover, the final

disapproval triggers the Federal

Implementation Plan (FIP) requirement

under section 110(c). It should be noted

that the rules covered by this NPR have

been adopted by the SCAQMD and are

currently in effect in the SCAQMD.

EPA’s final limited disapproval action

will not prevent the SCAQMD or EPA

from enforcing these rules.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any State

implementation plan. Each request for

revision to the State implementation

plan shall be considered separately in

light of specific technical, economic and

environmental factors and in relation to

relevant statutory and regulatory

requirements.

Regulatory Process

Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. section 600 et seq., EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C

sections 603 and 604. Alternatively,

EPA may certify that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

government entities with jurisdiction

over populations of less than 50,000.

Limited approvals under section 110

and 301 and subchapter I, Part D of the

CAA do not create any new

requirements, but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP-approval does not impose

any new requirements, it does not have

a significant impact on affected small
9140 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Proposed Rules

entities. Moreover, due to the nature of

the Federal/State relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A. , 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

section 7410 (a)(2).

Unfunded Mandates

Under Sections 202, 203, and 205 of

the Unfunded Mandates Reform Act of

1995 (‘‘Unfunded Mandates Act’’),

signed into law on March 22, 1995, EPA

must undertake various actions in

association with proposed or final rules

that include a Federal mandate that may

result in estimated costs of $100 million

or more to the private sector or to State,

local, or tribal governments in the

aggregate.

Through submission of this State

implementation plan revision, the State

and any affected local or tribal

governments have elected to adopt the

program provided for under Part D of

the Clean Air Act. These rules may bind

State, local, and tribal governments to

perform certain actions and also require

the private sector to perform certain

duties. The rules being proposed for

limited approval and limited

disapproval by this action will impose

no new requirements because affected

sources are already subject to these

regulations under State law. Therefore,

no additional costs to State, local, or

tribal governments or to the private

sector result from this action. EPA has

also determined that this proposed

action does not include a mandate that

may result in estimated costs of $100

million or more to State, local, or tribal

governments in the aggregate or to the

private sector.

Executive Order 12866

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget has exempted this

regulatory action from review under

Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 12, 1997.

Felicia Marcus,

Regional Administrator.

[FR Doc. 97–4966 Filed 2–27–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Parts 52 and 81

[ME47–1–6996b; A–1–FRL–5693–6]

Approval, Maine Air Quality

Implementation Plans; and

Redesignation of Hancock and Waldo

Counties; Maine

AGENCY: Environmental Protection

Agency (USEPA or Agency).

ACTION: Proposed rule.

SUMMARY: USEPA is proposing to

approve under the Clean Air Act two

requests from the State of Maine:

approval of the Maine 1990 base year

inventory into the Maine State

Implementation Plan; and a

redesignation request by the State of

Maine. The first request will establish

the 1990 base year inventory of volatile

organic compounds and oxides of

nitrogen emissions for the classified

ozone nonattainment areas in Maine.

The second request will redesignate the

Hancock and Waldo counties marginal

ozone nonattainment area from

nonattainment to attainment, and

approve the 1993 attainment year

inventory for Hancock and Waldo

counties as the required 1993 periodic

inventory. In the Final Rules Section of

this Federal Register, EPA is approving

the State’s request as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to that direct final

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period

on this proposal. Any parties interested

in commenting on this proposal should

do so at this time.

DATES: Comments must be received on

or before March 31, 1997.

ADDRESSES: Comments may be mailed to

Susan Studlien, Deputy Director, Office

of Ecosystem Protection (mail code

CAA), U.S. Environmental Protection

Agency, Region I, JFK Federal Bldg.,

Boston, MA 02203. Copies of the State

submittal and EPA’s technical support

document are available for public

inspection during normal business

hours, by appointment at the Office of

Ecosystem Protection, U.S.

Environmental Protection Agency,

Region I, One Congress Street, 11th

floor, Boston, MA and the Bureau of Air

Quality Control, Department of

Environmental Protection, 71 Hospital

Street, Augusta, ME 04333. Persons

interested in examining these

documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: For

the base year inventory, Robert

McConnell, (617) 565–9266, and for the

Hancock and Waldo counties

redesignation request Richard P.

Burkhart, (617) 565–3578.

SUPPLEMENTARY INFORMATION: For

additional information, see the direct

final rule which is located in the Rules

Section of this Federal Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 3, 1997.

John P. DeVillars,

Regional Administrator, Region I.

[FR Doc. 97–4965 Filed 2–27–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 63

[AD–FRL–5696–1]

RIN 2060–AD93

National Emission Standards for

Hazardous Air Pollutants for Source

Categories: Gasoline Distribution

(Stage I)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule: Amendments.

SUMMARY: On December 14, 1994, the

EPA promulgated the ‘‘National

Emission Standards for Hazardous Air

Pollutants for Source Categories:

Gasoline Distribution (Stage I)’’ (the

‘‘Gasoline Distribution NESHAP’),

pursuant to section 112 of the Clean Air

Act (Act). This action is proposing

amendments to those final standards in

order to implement a proposed

settlement agreement with the American

Petroleum Institute noticed for comment

on November 15, 1996 regarding

improvements in the screening

equations for determining applicability

of the Gasoline Distribution NESHAP.

No comments were received on the

noticed proposed settlement agreement.

This action also proposes some