40828 Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations

1EPA 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).

Correction

In the Federal Register issue of July

10, 1998, in FR Doc. 98–18434, on page

37254, in the first column, correct the

DATES caption to read:

EFFECTIVE DATE: October 4, 1998.

Dated: July 16, 1998.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 98–20521 Filed 7–30–98; 8:45 am]

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA 179–0061; FRL–6131–4]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; Bay

Area Air Quality Management District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing the approval

of a revision to the California State

Implementation Plan (SIP) proposed in

the Federal Register on April 17, 1997.

The revision concerns a rule from the

Bay Area Air Quality Management

District (BAAQMD). This approval

action will incorporate this rule into the

Federally approved SIP. The intended

effect of approving this rule is to

regulate emissions of oxides of nitrogen

(NOX) in accordance with the

requirements of the Clean Air Act, as

amended in 1990 (CAA or the Act). The

rule concerns the control of NOX

emissions from utility electric power

generating boilers in the San Francisco

Bay area. Thus, EPA is finalizing the

approval of this revision into the

California SIP under provisions of the

CAA regarding EPA actions on SIP

submittals, and SIPs for national

primary and secondary ambient air

quality standards. The rule is being

approved into the SIP in accordance

with the area’s ozone maintenance plan.

DATES: This action is effective on

August 31, 1998.

ADDRESSES: Copies of the rule and EPA’s

evaluation report are available for

public inspection at EPA’s Region IX

office during normal business hours.

Copies of the submitted rule are

available for inspection at the following

locations:

Rulemaking Office (AIR–4), Air

Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95812.

Bay Area Air Quality Management

District, Rule Development Section,

939 Ellis Street, San Francisco, CA

94109.

FOR FURTHER INFORMATION CONTACT:

Thomas C. Canaday, Rulemaking Office

(AIR–4), Air Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105–3901, Telephone:

(415) 744–1202.

SUPPLEMENTARY INFORMATION:

I. Applicability

The BAAQMD rule being approved

into the California SIP is Regulation 9,

Rule 11, Nitrogen Oxides and Carbon

Monoxide from Utility Electric Power

Generating Boilers. This BAAQMD rule

was adopted on February 16, 1994 and

amended November 15, 1995. A

revision of the amended rule, containing

the Reasonably Available Control

Technology (RACT) NOX provisions

required under the Act but omitting

state-mandated NOX emission limits,

was submitted to EPA by the State of

California on July 23, 1996. The rule

was found to be complete on January 17,

1997, pursuant to EPA’s completeness

criteria that are set forth in 40 CFR part

51 Appendix V.1 A subsequent version

revised only to correct typographical

errors was submitted on February 20,

1998. EPA is taking final action to

approve the rule into the SIP.

II. Background

On April 17, 1997, EPA proposed to

approve Regulation 9, Rule 11 into the

California SIP (62 FR 18730). While the

BAAQMD was no longer required to

submit NOX RACT rules pursuant to

section 182(b)(2), the BAAQMD

incorporated several previously

submitted NOX rules as contingency

measures in its ozone maintenance plan

as a requirement for redesignation to

attainment. Shortly after being

redesignated to attainment of the ozone

standard, the Bay Area recorded

violations of the Federal ozone

standard, therefore triggering the

contingency measures of the

maintenance plan. In accordance with

the redesignation maintenance plan,

and at the request of the BAAQMD, EPA

is incorporating the NOX measures into

the SIP. The BAAQMD submitted the

contingency measure being acted on in

this document on July 23, 1996. This

action encompasses part of the measures

identified in the plan as contingency

measures. A detailed discussion of the

background for BAAQMD Regulation 9,

Rule 11 (as submitted on July 23, 1996)

is provided in the proposed rule cited

above.

EPA has evaluated BAAQMD

Regulation 9, Rule 11 for consistency

with the requirements of the CAA and

EPA regulations and EPA interpretation

of these requirements as expressed in

the various EPA policy guidance

documents referenced in the proposed

rule cited above. EPA has found that the

BAAQMD submitted rule meets the

applicable EPA requirements. A

detailed discussion of the BAAQMD

rule provisions and EPA’s evaluation

has been provided in the proposed rule

and in the technical support document

(TSD), dated January 24, 1997, which is

available at EPA’s Region IX office.

III. Response to Public Comments

A 30-day public comment period was

provided in 62 FR 18730. The rule in

the present action, along with four

additional rules (BAAQMD Regulation

9, Rule 7; Regulation 9, Rule 8;

Regulation 9, Rule 9; and Regulation 9,

Rule 12) were the subject of a prior

direct final action. See 62 FR 18710

(April 17, 1997). EPA received adverse

comments on Regulation 9, Rule 11

only. Consequently the previous direct

final action was withdrawn. See 62 FR

32687 (June 17, 1997). Following is

EPA’s response to comments received

on Regulation 9, Rule 11 from Pacific

Gas and Electric Company (PG&E), a

public utility that owns and operates

sources affected by Regulation 9, Rule

11. PG&E objected to the presence in

BAAQMD Regulation 9, Rule 11 of

provisions that relate to carbon

monoxide and ammonia emissions on

the grounds that these substances are

not ozone precursors. However, the

BAAQMD submitted the carbon

monoxide and ammonia provisions for

inclusion into the SIP and there is no

basis for EPA to disapprove them.

PG&E also objected to the inclusion in

BAAQMD Regulation 9, Rule 11 of

references to those portions of the rule

which contain state-mandated NOX

emissions limits and were therefore not

included in the rule as submitted to

EPA on July 23, 1996. In response to

this comment, the State of California

removed these typographical errors from
Federal Register / Vol. 63, No. 147 / Friday, July 31, 1998 /Rules and Regulations 40829

BAAQMD Regulation 9, Rule 11 and

resubmitted the corrected version to

EPA on February 20, 1998. It is this

corrected version, as submitted to EPA

by the State of California, that this

approval action incorporates into the

Federally approved SIP.

IV. EPA Action

EPA is finalizing this action to

approve the above rule for inclusion

into the California SIP. EPA is

approving the submittal under section

110(k)(3) as meeting the requirements of

section 110(a) and part D of the CAA.

This approval action will incorporate

this rule into the Federally approved

SIP. The intended effect of approving

this rule is to regulate emissions of NOX

in accordance with the requirements of

the CAA.

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.

V. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

The final rule is not subject to E.O.

13045, entitled ‘‘Protection of Children

from Environmental Health Risks and

Safety Risks,’’ because it is not an

‘‘economically significant’’ action under

E.O. 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 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. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

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.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

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, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

D. Submission to Congress and the

General Accounting Office

Under section 801(a)(1)(A) of the

Administrative Procedure Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996, EPA submitted 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 General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by section

804(2) of the APA as amended.

E. Petitions for Judicial Review

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 September 29,

1998. 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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: July 13, 1998.

Felicia Marcus,

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)(239)(i)(E)(4) to

read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(239) * * *

(i) * * *

(E) * * *

(4) Rule 9–11 amended November 15,

1995.

* * * * *

[FR Doc. 98–20510 Filed 7–30–98; 8:45 am]

BILLING CODE 6560–50–P