Proposed Rule2023-01504
Clean Air Plans; 2015 8-Hour Ozone Nonattainment Area Requirements; Clean Fuels or Advanced Control Technology for Boilers; San Joaquin Valley and Los Angeles-South Coast Air Basin, California
Primary source
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Published
January 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the California State Implementation Plan (SIP) concerning the provisions for clean fuels or advanced control technology for boilers for the 2015 ozone national ambient air quality standards ("2015 ozone NAAQS") in the San Joaquin Valley and Los Angeles--South Coast Air Basin, California ("South Coast") ozone nonattainment areas. The SIP revisions include the "Certification that the San Joaquin Valley Unified Air Pollution Control District's Current Rules Address the Clean Air Act's Clean Fuels for Boilers Requirements for the 2015 8-hour Ozone Standard" for San Joaquin Valley ("2021 San Joaquin Valley Certification") and the "Clean Fuels for Boilers Compliance Demonstration for the South Coast Air Basin" for South Coast ("2021 South Coast Certification"), both submitted on August 3, 2021. We are proposing to approve these revisions under the Clean Air Act (CAA or "the Act"), which establishes clean fuels or advanced control technology for boilers requirements for "Extreme" ozone nonattainment areas.
Full Text
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<title>Federal Register, Volume 88 Issue 19 (Monday, January 30, 2023)</title>
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[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Proposed Rules]
[Pages 5835-5840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01504]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0926; FRL-10482-01-R9]
Clean Air Plans; 2015 8-Hour Ozone Nonattainment Area
Requirements; Clean Fuels or Advanced Control Technology for Boilers;
San Joaquin Valley and Los Angeles--South Coast Air Basin, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the California State Implementation Plan (SIP)
concerning the provisions for clean fuels or advanced control
technology for boilers for the 2015 ozone national ambient air quality
standards (``2015 ozone NAAQS'') in the San Joaquin Valley and Los
Angeles--South Coast Air Basin, California (``South Coast'') ozone
nonattainment areas. The SIP revisions include the ``Certification that
the San Joaquin Valley Unified Air Pollution Control District's Current
Rules Address the Clean Air Act's Clean Fuels for Boilers Requirements
for the 2015 8-hour Ozone Standard'' for San Joaquin Valley (``2021 San
Joaquin Valley Certification'') and the ``Clean Fuels for Boilers
Compliance Demonstration for the South Coast Air Basin'' for South
Coast (``2021 South Coast Certification''), both submitted on August 3,
2021. We are proposing to approve these revisions under the Clean Air
Act (CAA or ``the Act''), which establishes clean fuels or advanced
control technology for boilers requirements for ``Extreme'' ozone
nonattainment areas.
DATES: Written comments must arrive on or before March 1, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0926 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Khoi Nguyen, Air Planning Office (ARD-
2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415)
947-4120, or by email at <a href="/cdn-cgi/l/email-protection#59373e2c203c377732313630193c2938773e362f"><span class="__cf_email__" data-cfemail="8de3eaf8f4e8e3a3e6e5e2e4cde8fdeca3eae2fb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. Statutory and Regulatory Requirements
A. Procedural Requirements for Adoption and Submittal of SIP
Revisions
B. Requirements for Clean Fuels or Advanced Control Technology
for Boilers
III. Summary of the State's Submittal
A. Adoption and Submittal of SIP Revisions
B. 2021 San Joaquin Valley Certification
C. 2021 South Coast Certification
[[Page 5836]]
IV. The EPA's Evaluation of the State's Submittal
A. Evaluation of Procedural Requirements
B. Evaluation of Requirements for Clean Fuels or Advanced
Control Technology for Boilers
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. Background
On October 26, 2015, the EPA promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million (ppm).\1\ In accordance with section
107(d) of the CAA, the EPA must designate an area ``nonattainment'' if
it is violating the NAAQS or if it is contributing to a violation of
the NAAQS in a nearby area.
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\1\ 80 FR 65292 (October 26, 2015).
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The EPA designated 21 areas in California as nonattainment for the
2015 ozone NAAQS, effective August 3, 2018.\2\ Amador County, Calaveras
County, Butte County, Imperial County, Mariposa County, San Francisco
Bay Area, San Luis Obispo (Eastern part), Sutter Buttes, Tuolumne
County, and Tuscan Buttes nonattainment areas (NAAs) were classified as
Marginal nonattainment. Kern County (Eastern Kern), Nevada County
(Western part), Sacramento Metro, and San Diego County NAAs were
classified as Moderate nonattainment. The EPA classified the Ventura
County NAA as Serious nonattainment. The EPA classified the Los
Angeles-San Bernardino Counties (West Mojave Desert) and Riverside
County (Coachella Valley) NAAs as Severe-15 nonattainment. The EPA
classified both the San Joaquin Valley and the Los Angeles-South Coast
Air Basin (``South Coast'') NAAs as Extreme nonattainment. The EPA
designated the lands of the Pechanga Band of Luise[ntilde]o Mission
Indians of the Pechanga Reservation and the Morongo Band of Mission
Indians as separate NAAs and classified them as Marginal and Serious
nonattainment, respectively. The State of California does not have
regulatory authority on any Indian reservation land or in any other
area where the EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction.
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\2\ 83 FR 25776 (June 4, 2018).
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Section 182(e)(3) of the CAA provides that SIPs for Extreme ozone
nonattainment areas such as the San Joaquin Valley and South Coast
require each new, modified, and existing electric utility and
industrial and commercial boiler that emits more than 25 tons per year
(tpy) of NO<INF>X</INF> to either burn as its primary fuel natural gas,
methanol, or ethanol (or a comparably low-polluting fuel), or use
advanced control technology, such as catalytic control technologies or
other comparably effective control methods. Section 182(e)(3) also
requires submittal of a plan revision addressing this requirement to
the EPA within three years of the effective date of nonattainment
designation.
On August 3, 2021, the California Air Resources Board (CARB)
submitted SIP revisions to the EPA for multiple nonattainment areas to
fulfill requirements under section 173 of the CAA for new source review
programs (NSR) and for section 182(e)(3) of the CAA requiring clean
fuels for boilers for Extreme NAAs.\3\ In this action, we are
evaluating and proposing action on the portion of the submittal related
to clean fuels for boilers for the San Joaquin Valley and South Coast
Extreme NAAs (``2021 Clean Fuels Submittal'').\4\
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\3\ Letter dated August 3, 2021, from Richard W. Corey,
Executive Officer, CARB, to Deborah Jordan, Acting Regional
Administrator, EPA Region IX (submitted electronically August 3,
2021).
\4\ CARB's submittal included NSR certifications for various
nonattainment areas in California. The EPA proposed action on the
NSR certifications in a separate rulemaking. See 87 FR 22163 (April
14, 2022).
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II. Statutory and Regulatory Requirements
A. Procedural Requirements for Adoption and Submittal of SIP Revisions
CAA sections 110(a)(1) and 110(l) and 40 CFR 51.102 require states
to provide reasonable notice and an opportunity for a public hearing
prior to adoption of SIP revisions. Section 110(k)(1)(B) requires the
EPA to determine whether a SIP submittal is complete within 60 days of
receipt. Any plan that the EPA does not affirmatively determine to be
complete or incomplete will become complete six months after the day of
submittal by operation of law. A finding of completeness does not
approve the submittal as part of the SIP, nor does it indicate that the
submittal is approvable. It does start a 12-month clock for the EPA to
act on the SIP submittal (see CAA section 110(k)(2)).
B. Requirements for Clean Fuels or Advanced Control Technology for
Boilers
As described in Section I of this document, CAA section 182(e)(3)
provides that SIPs for Extreme nonattainment areas require each new,
modified, and existing electric utility and industrial and commercial
boiler that emits more than 25 tpy of NO<INF>X</INF> to either burn as
its primary fuel natural gas, methanol, or ethanol (or a comparably
low-polluting fuel), or use advanced control technology, such as
catalytic control technologies or other comparably effective control
methods.
The EPA provided additional guidance regarding the applicability of
this requirement in a Federal Register action titled ``General Preamble
for the Implementation of Title I of the Clean Air Act Amendments of
1990'' (``General Preamble'').\5\ According to the General Preamble, a
boiler should generally be considered as any combustion equipment used
to produce steam and generally does not include a process heater that
transfers heat from combustion gases to process streams.\6\ In
addition, boilers with rated heat inputs less than 15 million British
Thermal Units (MMBtu) per hour that are oil- or gas-fired may generally
be considered de minimis and exempt from these requirements because it
is unlikely that they will exceed the 25 tpy NO<INF>X</INF> emission
threshold.\7\
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\5\ 57 FR 13498 (April 16, 1992).
\6\ 57 FR 13498, 13523 (April 16, 1992).
\7\ Id. at 13524.
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III. Summary of the State's Submittal
A. Adoption and Submittal of SIP Revisions
The 2021 Clean Fuels Submittal contains two certifications that
existing programs of the South Coast Air Quality Management District
(SCAQMD) and the San Joaquin Valley Unified Air Pollution Control
District (SJVUAPCD) meet the clean fuels for boilers requirements for
the 2015 ozone NAAQS. Table 1 of this document lists the certifications
addressed by this proposal action.
[[Page 5837]]
Table 1--Clean Fuels for Boilers Certifications Submitted as Revisions to the California SIP
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District Nonattainment area Date adopted Title
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San Joaquin Valley Air Pollution San Joaquin Valley... June 17, 2021........ Certification that the San
Control District. Joaquin Valley Unified Air
Pollution Control District's
Current Rules Address the
Clean Air Act's Clean Fuels
for Boilers Requirements for
the 2015 8-Hour Ozone
Standard.
South Coast Air Quality Management South Coast Air Basin June 4, 2021......... Clean Fuels for Boilers
District. Compliance Demonstration for
the South Coast Air Basin.\8\
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The CARB submittal includes a cover letter to the EPA dated August
3, 2021, a signed Executive Order S-21-014 dated August 3, 2021,
demonstrating that CARB adopted the relevant certifications identified
in Table 1, and Attachment A to the Executive Order listing the
relevant district actions. The documentation of the public review
process prior to submittal to the EPA by each relevant district, as
well as information on the relevant certifications, are identified in
sections III.B and III.C of this document.
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\8\ The ``Clean Fuels for Boilers Compliance Demonstration for
the South Coast Air Basin'' is part of the document titled ``Final
Certification of Nonattainment New Source Review and Clean Fuels for
Boilers Compliance Demonstration for 2015 8-hour Ozone Standard.''
The latter document consists of two demonstrations: (1)
Nonattainment NSR Compliance Demonstration for the South Coast Air
Basin and the Coachella Valley and (2) Clean Fuels for Boilers
Compliance Demonstration for the South Coast Air Basin. In this
action, we are evaluating and proposing action on the ``Clean Fuels
for Boilers Compliance Demonstration for the South Coast Air
Basin.'' The EPA has proposed to approve the ``Nonattainment NSR
Compliance Demonstration for the South Coast Air Basin and the
Coachella Valley'' in a separate rulemaking. 87 FR 22163 (April 14,
2022).
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B. 2021 San Joaquin Valley Certification
The 2021 Clean Fuels Submittal documents the public review process
followed prior to its submittal to the EPA as a revision to the SIP for
the 2021 San Joaquin Valley Certification. The 2021 San Joaquin Valley
Certification includes a transmittal letter from the SJVUAPCD to
CARB,\9\ a copy of a notice of public hearing on June 17, 2021, to
consider the approval of the certification,\10\ a memorandum from the
SJVUAPCD Executive Director/Air Pollution Control Officer and Project
Coordinator recommending that the Governing Board adopt the
certification,\11\ a signed resolution adopting the certification,\12\
and a SIP Completeness Checklist indicating that no members of the
public commented during the notice period or at the hearing.\13\
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\9\ Letter dated June 17, 2021, from Jonathan Klassen, Director
Air Quality Science and Planning, SJVUAPCD, to Richard W. Corey,
Executive Officer, CARB.
\10\ Email dated May 18, 2021, from
<a href="/cdn-cgi/l/email-protection#77180d18191228071b161904371b1e0403045901161b1b120e161e0559180510"><span class="__cf_email__" data-cfemail="cca3b6a3a2a993bca0ada2bf8ca0a5bfb8bfe2baada0a0a9b5ada5bee2a3beab">[email protected]</span></a> to Stephanie Ng, SJVUAPCD, Subject:
``Notice of Public Hearing to Adopt Proposed SJVAPCD Certification
of Clean Fuels for Boilers Requirements for 2015 Ozone Standard.''
\11\ Memorandum dated June 17, 2021, from Samir Sheikh,
Executive Director/APCO and Jonathan Klassen, Project Coordinator,
to the SJVUAPCD Governing Board, Subject: ``Item Number 27: Adopt
Certification to Address the Clean Air Act's Clean Fuels for Boilers
Requirements for the 2015 8-Hour Ozone Standard.''
\12\ SJVUAPCD Governing Board, Resolution 21-06-27, ``In the
Matter of: Adopting the Certification to Address the Clean Air Act's
Clean Fuels for Boilers Requirements for the 2015 8-Hour Ozone
Standard,'' June 17, 2021.
\13\ SIP Completeness Checklist for ``Certification that the San
Joaquin Valley Unified Air Pollution Control District's Current
Rules Address the Clean Air Act's Clean Fuels for Boilers
Requirements for the 2015 8-hour Ozone Standard.''
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In the 2021 San Joaquin Valley Certification, the SJVUAPCD states
that SJVUAPCD Rules 4305, 4306, 4320, and 4352 address NO<INF>X</INF>
emissions limits for boilers and that these rules meet the requirements
of the CAA. Specifically, the SJVUAPCD indicates that most of the
boilers under SJVUAPCD Rules 4305 and 4306 are fired on natural gas
and, as such, meet the requirements of CAA section 182(e)(3)(A) for
those boilers subject to those rules. The SJVUAPCD also indicates that
SJVUAPCD Rule 4320 establishes more stringent NO<INF>X</INF> emissions
limits for units in this source category through the use of advanced
technology, while also providing advanced emissions reduction options,
therefore satisfying the requirements of CAA section 182(e)(3)(A) and
(B). Liquid fuel-fired boilers are also addressed by SJVUAPCD Rules
4305, 4306, and 4320, and the SJVUAPCD concludes that the applicable
NO<INF>X</INF> emissions in the rules necessitate use of advanced
technology, therefore meeting the requirements of CAA section
182(e)(3)(B). The SJVUAPCD concludes likewise for solid fuel-fired
boilers addressed by SJVUAPCD Rule 4352. Table 2 of this document
provides the list of the relevant rules and information on the SIP-
approved version of the rules.
Table 2--SIP-Approved SJVUAPCD Rules Supporting the 2021 San Joaquin Valley Certification
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Adoption date for SIP- Citation for EPA
Rule No. Rule title approved rule approval into SIP
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4305............................... Boilers, Steam Generators, August 21, 2003....... 69 FR 28061 (May 18,
and Process Heaters--Phase 2004).
2.
4306............................... Boilers, Steam Generators, October 16, 2008...... 75 FR 1715 (January
and Process Heaters--Phase 13, 2010).
3.
4320............................... Advanced Emission Reduction October 16, 2008...... 76 FR 16696 (March 25,
Options for Boilers, Steam 2011).
Generators, and Process
Heaters Greater than 5.0
MMBtu/hr.
4352............................... Solid Fuel Boilers, Steam December 15, 2011..... 77 FR 66548 (November
Generators, and Process 6, 2012).
Heaters.
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C. 2021 South Coast Certification
The 2021 Clean Fuels Submittal documents the public review process
followed prior to its submittal to the EPA as a revision to the SIP for
the 2021 South Coast Certification. The 2021 South Coast Certification
includes a transmittal letter from the SCAQMD to CARB,\14\ copies of
notices of the public hearing on June 4, 2021, to consider the
[[Page 5838]]
approval of the certification,\15\ a signed resolution adopting the
certification,\16\ and a meeting summary of the public hearing held on
June 4, 2021.\17\
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\14\ Letter dated June 11, 2021, from Wayne Nastri, Executive
Officer, SCAQMD, to Richard W. Corey, Executive Officer, CARB.
\15\ Proof of publications from the Los Angeles Daily Journal
(May 3, 2021); Orange County Reporter (May 3, 2021); Inland Valley
Daily Bulletin/LA (May 3, 2021); the Press-Enterprise (May 3, 2021);
San Bernardino County Sun (May 3, 2021).
\16\ Resolution 21-25, ``A Resolution of the Governing Board of
the South Coast Air Quality Management District (South Coast AQMD)
certifying the Nonattainment New Source Review (NSR) and Clean Fuels
for Boilers Compliance Demonstration for 2015 8-hour Ozone Standard
for the South Coast Air Basin (Basin) and the Coachella Valley'' and
``A Resolution of the South Coast AQMD Governing Board directing
staff to forward the Certification of Nonattainment NSR and Clean
Fuels for Boilers Compliance Demonstration for 2015 8-hour Ozone
Standard to CARB for its approval and subsequent submission to U.S.
EPA for inclusion in the State Implementation Plan (SIP).'' June 4,
2021.
\17\ South Coast Air Quality Management District, Governing
Board Meeting Held on: June 4, 2021, Meeting Summary.
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The 2021 South Coast Certification includes a discussion regarding
compliance with the requirements of CAA section 182(e)(3) by reference
to SCAQMD Rules 2002, 2004, 1146, and 1303. Information regarding these
rules, including dates of adoption and EPA approval, is listed in Table
3 of this document.
With respect to sources subject to the SCAQMD's Regulation XX
(``Regional Clean Air Incentives Market'' or ``RECLAIM''), compliance
with CAA section 182(e)(3) is provided through SCAQMD Rule 2004
(``Requirements''), which requires each new, modified, and existing
electric utility and industrial and commercial boiler emitting more
than 25 tpy of NO<INF>X</INF> to burn clean fuel or use advanced
control technology. SCAQMD Rule 2002 establishes the methodology for
calculating facility allocations and adjustments to RECLAIM Trading
Credits holdings for NO<INF>X</INF>.
SCAQMD Rule 1146 regulates large boilers not covered in the RECLAIM
program. Rule 1146 requires that Group I boilers, using natural gas
equal to or greater than 75 MMBtu per hour, have a NO<INF>X</INF> limit
of 5 ppm. Group II boilers, using natural gas equal to or greater than
20 MMBtu per hour but lower than 75 MMBtu per hour, are required to
have a NO<INF>X</INF> limit of 9 ppm depending on compliance schedule.
Group III boilers, using natural gas equal to or greater than 5 MMBtu
per hour but lower than 20 MMBtu per hour, are required to meet a
NO<INF>X</INF> limit of 9 ppm. Rule 1146 also allows for combustion of
fuel that may not necessarily be natural gas, methanol, ethanol, or
other comparably low polluting fuel. The emissions limits for these
other fuels, including units fired on digester or landfill gas, are 15
ppm and 25 ppm, respectively. The SCAQMD indicates that according to
the most recent Annual Emissions Reports, aside from the refinery
boilers currently regulated under the RECLAIM program, there was only
one unit emitting more than 25 tpy of NO<INF>X</INF> using other fuels:
the Los Angeles County Sanitation District Landfill in Puente Hills.
This facility is currently subject to the 25 ppm NO<INF>X</INF>
emissions limits in Rule 1146, and the boiler at this facility combusts
recovered landfill gas as the primary fuel and is equipped with flue
gas recirculation. The certification notes that a Best Available
Retrofit Control Technology (BARCT) assessment was conducted that
showed that the emissions limit of 25 ppm reflects BARCT for boilers
using landfill gas in the South Coast Air Basin.\18\ The certification
also indicates that this emissions limit is consistent with Rule
1146.\19\
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\18\ See Final Staff Report for Proposed Rule 1150.3--Emissions
of Oxides of Nitrogen from Combustion Equipment at Landfills,
February 2021, included in the docket for this rulemaking action.
\19\ Further, the certification also states that a lower
NO<INF>X</INF> limit of 9 ppm was established in SCAQMD Rule 1150.3
(Emissions of Oxides of Nitrogen from Combustion Equipment at
Landfills) after a cost-effectiveness analysis, which will apply to
this facility with a compliance date of January 1, 2031. CARB has
submitted SCAQMD Rule 1150.3 for inclusion in the SIP, but it is not
currently SIP-approved. The EPA will take action on SCAQMD Rule
1150.3 in a separate rulemaking action.
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Lastly, the SCAQMD also notes in the certification that under
SCAQMD Rule 1303, a new or modified boiler emitting at least 10 tpy of
NO<INF>X</INF> or VOC is required to employ best available control
technology (BACT), which, under the SCAQMD's rule, must be at least as
stringent as the lowest achievable emission rate (LAER) as defined in
CAA section 171(3).
Table 3--SIP-Approved SCAQMD Rules Supporting the 2021 South Coast Certification
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Adoption date for SIP- Citation for EPA
Rule No. Rule title approved rule approval into SIP
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2002............................... Allocations for NOX and SOX October 7, 2016....... 82 FR 43176 (September
14, 2017).
2004............................... Requirements for RECLAIM... April 6, 2007......... 73 FR 38122 (July 3,
2008).
1146............................... Emissions of NOX from November 1, 2013...... 79 FR 57442 (September
Industrial, Institutional, 25, 2014).
and Commercial Boilers,
Steam Generators, and
Process Heaters.
1303............................... Requirements for NSR....... May 10, 1996.......... 61 FR 64291 (December
4, 1996).
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IV. The EPA's Evaluation of the State's Submittal
A. Evaluation of Procedural Requirements
Based on the documentation included in CARB's submittal, the EPA
finds that the submittal satisfies the procedural requirements of
sections 110(a)(1) and 110(l) of the Act requiring states to provide
reasonable notice and an opportunity for public hearing prior to
adoption of SIP revisions. CARB's submittal became complete by
operation of law on February 3, 2022, pursuant to section 110(k)(1)(B)
of the Act.
B. Evaluation of Requirements for Clean Fuels or Advanced Control
Technology for Boilers
1. 2021 San Joaquin Valley Certification
SJVUAPCD Rules 4305, 4306, and 4320 apply to any gaseous fuel- or
liquid fuel-fired boiler, steam generator, or process heater with a
rated heat input greater than 5 MMBtu per hour. SJVUAPCD Rule 4305, as
amended on August 21, 2003, was approved by the EPA in 2004, and
SJVUAPCD Rules 4306 and 4320, as revised on October 16, 2008, were
approved by the EPA in 2010 and 2011, respectively.\20\ SJVUAPCD Rule
4305 limits emissions of NO<INF>X</INF> from boilers, steam generators,
and process heaters. SJVUAPCD Rule 4306 applies to the same units
listed
[[Page 5839]]
under Rule 4305 but establishes requirements that are more stringent.
The emissions limits in SJVUAPCD Rule 4306 (5 ppm to 30 ppm for gaseous
fuels and 40 ppm for liquid fuels) cannot be achieved without the use
of advanced control technologies.\21\ All units subject to SJVUAPCD
Rule 4306 were required to comply with the limits in the rule no later
than December 1, 2008. SJVUAPCD Rule 4320 is a complementary rule to
SJVUAPCD Rule 4306 and establishes more stringent NO<INF>X</INF> limits
for units in this source category.
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\20\ 69 FR 28061 (May 18, 2004) (approval of Rule 4305); 75 FR
1715 (January 13, 2010) (approval of Rule 4306); 76 FR 16696 (March
25, 2011) (approval of Rule 4320). The EPA will be taking action on
the latest versions of Rules 4306 and 4320, as amended December 17,
2020, in a separate rulemaking action.
\21\ ``Alternative Control Techniques Document--NO<INF>X</INF>
Emissions from Industrial/Commercial/Institutional Boilers,'' EPA,
March 1994. For additional information, see 76 FR 57846, 57864-57865
(September 16, 2011) and 77 FR 12652, 12670 (March 1, 2012).
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SJVUAPCD Rule 4352 was last approved by the EPA on November 6,
2012.\22\ SJVUAPCD Rule 4352 applies to any boiler, steam generator, or
process heater fired on solid fuel at a source that has the potential
to emit more than 10 tpy of NO<INF>X</INF> or VOC. All units subject to
SJVUAPCD Rule 4352 were required to comply with the rule's most
stringent limits no later than January 1, 2013. In an EPA action on an
earlier version of SJVUAPCD Rule 4352, we determined that all of the
NO<INF>X</INF> emissions limits in SJVUAPCD Rule 4352 effectively
require operation of selective noncatalytic reduction control
technology, which, for the affected sources, is comparably effective to
selective catalytic reduction, and comparable to the combustion of
clean fuels at these types of boilers. Therefore, we concluded that
SJVUAPCD Rule 4352 satisfied the requirements of section 182(e)(3) for
solid fuel-fired boilers in the San Joaquin Valley.\23\
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\22\ 77 FR 66548 (November 6, 2012).
\23\ 74 FR 65042 (December 9, 2009) (proposed limited approval
and limited disapproval of Rule 4352) and 75 FR 60623 (October 1,
2010) (final limited approval and limited disapproval of Rule 4352).
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In addition, though not mentioned in the certification, new and
modified boilers that will emit or have the potential to emit 25 tpy or
more of NO<INF>X</INF> are subject to the SJVUAPCD's new source
permitting rule, SJVUAPCD Rule 2201, titled ``New and Modified
Stationary Source Review.'' This rule requires new and modified sources
to install and operate LAER technology. The EPA last approved SJVUAPCD
Rule 2201 in 2014.\24\
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\24\ 79 FR 55637 (September 17, 2014). The EPA also recently
proposed a limited approval and limited disapproval of an amended
version of Rule 2201. 87 FR 45730 (July 29, 2022). The portion of
the amended rule that we proposed to disapprove does not affect the
clean fuels for boilers certification.
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Finally, in a previous action to approve SIP revisions submitted by
CARB to meet CAA requirements for the 2008 8-hour ozone NAAQS in the
San Joaquin Valley ozone nonattainment area, the EPA reviewed the
SJVUAPCD rules, and concluded that the rules satisfy the requirements
for clean fuel or advanced control technology for boilers in CAA
section 182(e)(3).\25\ Based on our analysis, we find that the
emissions limitations in the SJVUAPCD's rules continue to meet the
clean fuel or advanced control technology for boilers requirement in
CAA section 182(e)(3), and thus, we propose to approve the 2021 San
Joaquin Valley Certification portion of CARB's 2021 Clean Fuels
Submittal.
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\25\ 84 FR 11198 (March 25, 2019).
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2. 2021 South Coast Certification
Currently, within the South Coast, boilers that are subject to the
requirements of CAA section 182(e)(3) fall into two broad categories:
(1) boilers that are subject to the SCAQMD's RECLAIM regulation, and
(2) boilers that are not subject to RECLAIM. Boilers that are subject
to RECLAIM must comply with SCAQMD Rule 2004, paragraph (h), that sets
forth requirements that essentially mirror those set forth in CAA
section 182(e)(3). Thus, we agree with the SCAQMD that SCAQMD Rule
2004(h) satisfies the SIP requirement in CAA section 182(e)(3) with
respect to boilers included in the RECLAIM program. We most recently
approved SCAQMD Rule 2004 into the SIP on July 3, 2008.\26\
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\26\ 73 FR 38122.
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As to boilers that are not subject to RECLAIM, for the following
reasons, we agree with the SCAQMD that the requirements are met through
implementation of SCAQMD Rule 1146 for existing boilers and through
implementation of SCAQMD Regulation XIII (``New Source Review''),
specifically, SCAQMD Rule 1303, for new and modified boilers. We
approved SCAQMD Rules 1146 and 1303 into the SIP on September 25, 2014,
and December 4, 1996, respectively.\27\
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\27\ 79 FR 57442; 61 FR 64291.
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First, we have reviewed SCAQMD Rule 1146 and find that it applies
to boilers of equal to or greater than 5 MMBtu per hour heat rate input
capacity used in all industrial, institutional, and commercial
operations with the exception of RECLAIM facilities.\28\ That is, it
regulates large boilers in the South Coast not participating in the
RECLAIM program. SCAQMD Rule 1146 requires compliance with specified
numeric limits that are based on the type of unit, and it allows for
combustion of fuel that may not necessarily be natural gas, methanol,
ethanol, or other comparably low polluting fuel. The emissions limits
for these other fuels, including digester or landfill gas, are 15 ppm
by volume and 25 ppm by volume, respectively. According to the SCAQMD's
analysis, the only unit firing these fuels that also must comply with
the requirements of CAA section 182(e)(3) is the Los Angeles County
Sanitation District Landfill in Puente Hills, which combusts recovered
landfill gas. Because the Los Angeles County Sanitation District
Landfill must achieve the limits for landfill gas-fired units as
required in SCAQMD Rule 1146, we find that the relevant requirements in
CAA section 182(e)(3) are met.\29\
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\28\ We note that the applicability section of SCAQMD Rule 1146
lists certain categories of sources that are not subject to its
requirements in addition to RECLAIM facilities, such as boilers used
by electric utilities to generate electricity and large boilers used
in petroleum refineries. However, the types of boilers that are
categorically exempted by SCAQMD Rule 1146 are in fact included in
the RECLAIM program in the South Coast and thus are subject to
SCAQMD Rule 2004(h), which provides for compliance with CAA section
182(e)(3).
\29\ We also acknowledge that though the boiler at the landfill
boiler already meets the relevant CAA requirements, the SCAQMD is
further establishing more stringent limits for this facility in
SCAQMD Rule 1150.3.
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Second, we have reviewed SCAQMD Rule 1303 and find that it provides
for denial of a permit to construct for any new or modified source that
results in an emissions increase of any nonattainment pollutants unless
BACT is employed for the new or modified source.\30\ The SCAQMD defines
BACT in essentially the same way as the CAA section 171(3) defines
LAER.\31\ SCAQMD Rule 1303 thus ensures that new or modified boilers in
the South Coast that are not subject to RECLAIM comply with the
requirements in CAA section 182(e)(3).
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\30\ SCAQMD Rule 1303(a).
\31\ SCAQMD Rule 1302 (``Definitions''), paragraph (f) (``Best
Available Control Technology'').
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In the EPA's previous action on the 2008 8-hour ozone NAAQS, the
EPA reviewed the SCAQMD rules, and concluded that the rules satisfy the
requirements for clean fuel or advanced control technology for boilers
in CAA section 182(e)(3).\32\ Based on our analysis, we find that the
emissions limitations in the SCAQMD's rules continue to meet the clean
fuel or advanced control technology for boilers requirement in CAA
section 182(e)(3), and thus, we propose to approve the
[[Page 5840]]
2021 South Coast Certification portion of CARB's 2021 Clean Fuels
Submittal.
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\32\ 84 FR 52005 (October 1, 2019).
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V. Proposed Action
For the reasons discussed in Section IV of this document, under CAA
section 110(k)(3), the EPA is proposing to approve as a revision to the
California SIP the 2021 Clean Fuels Submittal, which contains the 2021
San Joaquin Valley Certification and the 2021 South Coast
Certification. Specifically, the elements we are proposing to approve
are:
<bullet> Provisions in the San Joaquin Valley for clean fuels or
advanced control technology for boilers as meeting the requirements of
CAA section 182(e)(3) and 40 CFR 51.1302 based on the 2021 San Joaquin
Valley Certification; and
<bullet> Provisions in the South Coast for clean fuels or advanced
control technology for boilers as meeting the requirements of CAA
section 182(e)(3) and 40 CFR 51.1302 based on the 2021 South Coast
Certification.
VI. 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, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
The State did not evaluate environmental justice considerations as
part of its SIP submittal. There is no information in the record
inconsistent with the stated goals of Executive Order 12898 (59 FR
7629, February 16, 1994) of achieving environmental justice for people
of color, low-income populations, and indigenous peoples.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 19, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-01504 Filed 1-27-23; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.