Rule2023-12635
Air Plan Revisions; California; Eastern Kern Air Pollution Control District; Oxides of Nitrogen
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 15, 2023
Effective
July 17, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing a limited approval and limited disapproval of a revision to the Eastern Kern Air Pollution Control District (EKAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NO<INF>X</INF>) from stationary gas turbines. Under the authority of the Clean Air Act (CAA or the Act), this action simultaneously approves a local rule that regulates these emission sources and identifies deficiencies with the rule that must be corrected for the EPA to grant full approval of the rule.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 115 (Thursday, June 15, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Rules and Regulations]
[Pages 39182-39185]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12635]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0092; FRL-10674-02-R9]
Air Plan Revisions; California; Eastern Kern Air Pollution
Control District; Oxides of Nitrogen
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited approval and limited disapproval of a revision to the Eastern
Kern Air Pollution Control District (EKAPCD) portion of the California
State Implementation Plan (SIP). This revision concerns emissions of
oxides of nitrogen (NO<INF>X</INF>) from stationary gas turbines. Under
the authority of the Clean Air Act (CAA or the Act), this action
simultaneously approves a local rule that regulates these emission
sources and identifies deficiencies with the rule that must be
corrected for the EPA to grant full approval of the rule.
DATES: This rule is effective July 17, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2023-0092. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a>
[[Page 39183]]
website. Although listed in the index, some information is not publicly
available, e.g., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information. If you need assistance in a language other than English or
if you are a person with a disability 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3245 or
by email at <a href="/cdn-cgi/l/email-protection#1e7b687f706d76716e6e7b6c30727f757b70677f5e7b6e7f30797168"><span class="__cf_email__" data-cfemail="8de8fbece3fee5e2fdfde8ffa3e1ece6e8e3f4eccde8fdeca3eae2fb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On March 29, 2023 (88 FR 18496), the EPA proposed a limited
approval and limited disapproval of the following rule that was
submitted for incorporation into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
EKAPCD............................ 425 Stationary Gas Turbines 01/11/18 05/23/18
(Oxides of Nitrogen).
----------------------------------------------------------------------------------------------------------------
We proposed a limited approval because we determined that this rule
improves the SIP and is largely consistent with the relevant CAA
requirements. We simultaneously proposed a limited disapproval because
some rule provisions conflict with section 110 and part D of the Act.
These provisions include the following:
1. Relaxation of NO<INF>X</INF> limits for the Westinghouse W251B10
turbine in section (V)(B) has not been sufficiently justified as
meeting the Reasonably Available Control Technology (RACT) requirement
and was not accompanied by sufficient explanation as to why the change
does not interfere with attainment of the National Ambient Air Quality
Standards (NAAQS) or reasonable further progress.
Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment from a member of the
public. The full text of this comment is available in the docket for
this rulemaking. The comment does not indicate disagreement with the
EPA's proposal, and instead raises two questions: how do changes to
emissions of stationary gas turbines affect the output of the turbines,
and what are the costs and benefits of the proposed rule change? The
EPA notes that information surrounding the impact of the proposed
changes to the rule, including information about economic costs and
benefits and air quality impacts, are included in the District's staff
report accompanying the Rule's submission, and included in the docket
for this rulemaking. The EPA notes in particular, the District's
analysis of energy impacts in part IX.D. of the Staff Report.\1\ The
District reports that ``[t]he use of NO<INF>X</INF> reduction
technologies would generally have some level of fuel energy penalty or
may require small amounts of energy for their operation.'' \2\ The
Staff Report provides a number of examples, and notes in particular
that for selective catalytic reduction (SCR), ``[t]he use of SCR
results in a 0.7 percent fuel penalty.'' With respect to costs and
benefits, it is expected that there are a range of costs and benefits
associated with units of different sizes and layouts. The District did
not provide detailed calculations of cost-effectiveness for different
units, but did provide some discussion of the costs and benefits of the
rule in sections VI--Cost Effectiveness and IX--Impacts. The District
also noted that pursuant to state law, districts with a population
under 500,000, such as Eastern Kern County, are exempt from the
requirement to assess socioeconomic impacts of proposed rules.\3\
---------------------------------------------------------------------------
\1\ Rule 425--Stationary Gas Turbines (Oxides of Nitrogen):
Final Staff Report, January 11, 2018. (Staff Report).
\2\ Id. at 14.
\3\ Id. at 3.
---------------------------------------------------------------------------
The comment does not raise concerns about the EPA's proposed
rulemaking and does not suggest that the EPA should not finalize its
action as proposed. The comment also does not indicate that the
submission fails to comply with any relevant requirement of the Clean
Air Act. After reviewing this comment, the EPA has determined that the
comment is not adverse to our proposed finding that EKAPCD Rule 425
satisfies the requirements of CAA sections 110 and part D, which
focuses the rule evaluation on enforceability, stringency, and
interference with CAA requirements, and does not change our evaluation
of the submitted rule.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a
limited approval of the submitted rule. This action incorporates the
submitted rule into the California SIP, including those provisions
identified as deficient. As authorized under section 110(k)(3) and
301(a), the EPA is simultaneously finalizing a limited disapproval of
the rule.
As a result, the EPA must promulgate a federal implementation plan
(FIP) under section 110(c) unless we approve subsequent SIP revisions
that correct the rule deficiencies within 24 months.
In addition, the offset sanction in CAA section 179(b)(2) will be
imposed 18 months after the effective date this action, and the highway
funding sanction in CAA section 179(b)(1) six months after the offset
sanction is imposed. A sanction will not be imposed if the EPA
determines that a subsequent SIP submission corrects the identified
deficiencies before the applicable deadline.
Note that the submitted rule has been adopted by the EKAPCD, and
the EPA's final limited disapproval does not prevent the local agency
from enforcing it. The limited disapproval also does not prevent any
portion of the rule from being incorporated by reference into the
federally enforceable SIP as discussed in a July 9, 1992 EPA memo found
at: <a href="https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf">https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf</a>.
[[Page 39184]]
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of EKAPCD
Rule 425, Stationary Gas Turbines (Oxides of Nitrogen), amended January
11, 2018, which regulates NO<INF>X</INF> and CO for stationary gas
turbine engines with ratings equal to or greater than 0.88 MW. The EPA
has made, and will continue to make, these documents available through
<a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region IX Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will 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.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Under the CAA, 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 review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action is finalizing a limited approval and
limited disapproval of state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law.
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of the action being taken here, this action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. 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
[[Page 39185]]
States Court of Appeals for the appropriate circuit by August 14, 2023.
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: June 7, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(194)(i)(B)(5) and
(c)(518)(i)(F) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(194) * * *
(i) * * *
(B) * * *
(5) Previously approved on March 1, 1996, in paragraph
(c)(194)(1)(B)(2) of this section and now deleted with replacement in
(c)(518)(i)(F)(1): Rule 425, adopted on August 16, 1993.
* * * * *
(518) * * *
(i) * * *
(F) Eastern Kern Air Pollution Control District.
(1) Rule 425, ``Stationary Gas Turbines (Oxides of Nitrogen),''
amended on January 11, 2018.
(2) [Reserved]
* * * * *
[FR Doc. 2023-12635 Filed 6-14-23; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on June 15, 2023.
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.