Proposed Rule2024-27518
Air Plan Conditional Approval; California; Bay Area Air Quality Management District
Primary source
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Published
November 29, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to conditionally approve revisions to the Bay Area Air Quality Management District (BAAQMD) portion of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NO<INF>X</INF>) from natural gas-fired furnaces and water heaters. We are proposing to approve local rules to regulate these emission sources under the Clean Air Act (CAA). We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 89 Issue 230 (Friday, November 29, 2024)</title>
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[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Proposed Rules]
[Pages 94633-94635]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27518]
[[Page 94633]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0417; FRL-12279-01-R9]
Air Plan Conditional Approval; California; Bay Area Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
conditionally approve revisions to the Bay Area Air Quality Management
District (BAAQMD) portion of the California State Implementation Plan
(SIP). These revisions concern emissions of oxides of nitrogen
(NO<INF>X</INF>) from natural gas-fired furnaces and water heaters. We
are proposing to approve local rules to regulate these emission sources
under the Clean Air Act (CAA). We are taking comments on this proposal
and plan to follow with a final action.
DATES: Comments must be received on or before December 30, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0417 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 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: Allison Kawasaki, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3922; email:
<a href="/cdn-cgi/l/email-protection#0d666c7a6c7e6c6664236c6161647e62634d687d6c236a627b"><span class="__cf_email__" data-cfemail="bed5dfc9dfcddfd5d790dfd2d2d7cdd1d0fedbcedf90d9d1c8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. What are the rule deficiencies?
D. The EPA's Recommendations To Further Improve the Rules
E. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that they were adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rules
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Local agency Rule No. Rule title Adopted/amended Submitted
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BAAQMD................... 9-4 Nitrogen Oxides from (Amended)03/15/23.............. 01/10/2024
Natural Gas-Fired
Furnaces.
BAAQMD................... 9-6 Nitrogen Oxides from (Adopted) 03/15/23............. 01/10/2024
Natural Gas-Fired
Boilers and Water
Heaters.
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On July 10, 2024, the submittal for BAAQMD Rule 9-4 and Rule 9-6
were deemed complete by operation of law to meet the completeness
criteria in 40 CFR part 51, appendix V.
B. Are there other versions of these rules?
We approved an earlier version of Rule 9-4 into the SIP on January
7, 1986 (47 FR 29231). The BAAQMD adopted revisions to the SIP-approved
version on March 15, 2023, and CARB submitted them to us on January 10,
2024. If we take final action to approve the March 15, 2023 version of
Rule 9-4, this version will replace the previously approved version of
this rule in the SIP.
There is no previous version of Rule 9-6 in the SIP. The BAAQMD
locally adopted an earlier version of Rule 9-6 on April 1, 1992, and an
amended version of the rule (amended March 15, 2023) was submitted by
CARB to the EPA on January 10, 2024.
C. What is the purpose of the submitted rules?
Emissions of NO<INF>X</INF> contribute to the production of ground-
level ozone, smog and particulate matter, which harm human health and
the environment. Section 110(a) of the CAA requires states to submit
plans that provide for implementation, maintenance, and enforcement of
the NAAQS. The CAA section 172(c)(1) and section 182 requires areas
that are designated as ``Moderate'' or above for ozone nonattainment to
implement Reasonably Available Control Technology (RACT) for specific
sources. The San Francisco Bay Area is designated as ``Marginal''
nonattainment for the 2015, 2008, and 1997 8-hour ozone National
Ambient Air Quality Standards (NAAQS).\1\ The San Francisco Bay Area is
a Marginal ozone nonattainment area, which is a less severe
classification than Moderate, and thus is not required to implement
RACT for the sources regulated by the submitted rules.
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\1\ 40 CFR 81.305. See 83 FR 25776 (June 04, 2018); 77 FR 30088
(May 21, 2012); 69 FR 23858 (June 15, 2004).
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CAA section 189 requires areas that are are designated Moderate or
above for particulate matter nonattainment to assure that reasonably
available control measures (RACM) are being implemented within the
nonattainment area. The San Francisco Bay Area was designated as
Moderate nonattainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS (74
FR 58688, November 13, 2009). In 2017, the EPA made a determination of
attainment by the attainment date (December 31, 2015) for this standard
[[Page 94634]]
based on air monitoring data.\2\ The EPA generally evaluates
PM<INF>2.5</INF> RACM requirements in the context of broader attainment
planning actions as opposed to individual rule submissions.
Nonetheless, pursuant to 40 CFR 51.1015(a), an EPA determination that a
Moderate PM<INF>2.5</INF> nonattainment area has attained the
PM<INF>2.5</INF> NAAQS suspends the requirement for the State to
demonstrate RACM. Thus, although the State may choose to rely on
reductions from these rules in a future plan or RACM demonstration, we
will not evaluate the rules for PM<INF>2.5</INF> RACM in this
rulemaking. Accordingly, Rules 9-4 and 9-6 are not being evaluated for
RACT or RACM at this time.
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\2\ See 74 FR 58688 (June 02, 2014); 82 FR 21711 (May 10, 2017).
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BAAQMD Rule 9-4 is an amended rule that sets emission limits for
natural gas-fired furnaces sold, installed, or offered for sale within
the District. Amended Rule 9-4 instates more stringent emission
requirements that prohibit the sale or installation of natural gas-
fired furnaces manufactured after January 1, 2024, that emit more than
14 ng/J (nanograms per Joule) of NO<INF>X</INF> and natural gas-fired
furnaces manufactured after January 1, 2029, that emit more than 0.0
ng/J of NO<INF>X</INF>. All natural gas-fired furnaces must be
certified for sale, installation, or offering for sale within the
District. Test methods and procedures are provided in Rule 9-4 for
compliance demonstrations.
BAAQMD Rule 9-6 is a locally adopted rule that has not been
previously approved into the SIP. The rule applies similar emission
limit timelines for natural gas-fired water heaters and boilers, where
appliances with higher heat input ratings receive a lower
NO<INF>X</INF> emission limit at a later date. Natural gas-fired
appliances with a 75,000 British Thermal Unit (BTU)/hour or less rated
heat input capacity manufactured after January 1, 2027, cannot be sold,
installed, or offered for sale within the district if the appliance
emits more than 0 ng/J of NO<INF>X</INF>. Mid-range and large
appliances (75,001 BTU/hour-2,000,000 BTU/hour) manufactured after
January 1, 2031, cannot be sold, installed, or offered for sale within
the district if the appliance emits more than 0.0 ng/J of
NO<INF>X</INF>.\3\ Mobile Home Water Heaters manufactured after January
1, 2008, cannot emit more than 40 ng/J of NO<INF>X</INF>. Pools and Spa
Heaters manufactured after January 1, 2008, cannot emit more than 40
ng/J of NO<INF>X</INF> and units manufactured after January 1, 2013,
cannot emit more than 14 ng/J of NO<INF>X</INF>. Appliances subject to
Rule 9-6 must be certified for sale or installation within the
District. Test methods and procedures are provided for certification
for compliance demonstration. The EPA's technical support document
(TSD) has more information about these rules.
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\3\ Note: the emission limits for different sized appliances are
different (0 ng/J vs. 0.0 ng/J) due to different rounding
conventions.
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II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
and must not interfere with applicable requirements concerning
attainment and reasonable further progress or other CAA requirements
(see CAA section 110(l)). As discussed above, these rules are not being
evaluated for RACT or RACM in this rulemaking.
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
B. Do the rules meet the evaluation criteria?
Rule 9-4 and Rule 9-6 improve the SIP by establishing more
stringent emission limits. The rules are largely consistent with CAA
requirements and relevant guidance regarding enforceability and SIP
revisions. Rule provisions which do not meet the evaluation criteria
are summarized below and discussed further in the TSD.
The District has committed to adopt specific enforceable measures
to remedy the identified deficiencies within one year of the EPA's
action, and CARB has committed to submit the adopted revisions to the
EPA within 12 months of the effective date of the EPA's final
conditional approval. These commitment letters are included in the
docket for the action, and are described in the TSD.
C. What are the rule deficiencies?
The EPA is proposing to determine that the following provisions in
Rule 9-4 and Rule 9-6 do not satisfy the requirements of section 110 of
the CAA.
1. Rule 9-4 section 201 contains an outdated reference to ``Section
4.2.35 of the Code of Federal Regulations (CFR), Title 10, Part 430,
Subpart B, Appendix N.'' This reference does not exist in the current
version of the CFR and thus, does not properly define a variable used
in calculating emissions.
2. Rule 9-4 section 401 contains an outdated reference to ``Section
3.1 of the Code of Federal Regulations, Title 10, Part 430, Subpart B,
Appendix N.'' This reference does not exist in the current version of
the CFR and as a consequence does not contain any test method language
to verify compliance.
3. Rule 9-4 section 402.2 references South Coast Air Quality
Management District (SCAQMD) Rule 1111 certification methods for
compliance determination purposes. These certification methods have not
been submitted for approval into the SIP and Rule 9-4 does not
reference an EPA approved version of the rule. As a result, the
certification methods in section 402.2 cannot be utilized to ensure
enforceability under the CAA.
4. Rule 9-4 Section 402 does not require emissions test results
used for certifications to be reported to the Air Pollution Control
Officer (APCO) when certification takes place through the District. The
rule also allows for the use of SCAQMD's certification method.
Although, as discussed in the previous deficiency, that manner in which
that method is referenced is not approvable, we note that the SCAQMD
method requires submittal of the test results, in contrast to the
District-only certification option. As a result, the District's
certification method does not provide a sufficiently enforceable means
for determining compliance.
5. Rule 9-4 Section 601.3 and 601.4 contain references to Method
ST-5 and Method ST-14 from the Bay Area Manual of Procedures. The
procedures and test methods have not previously been EPA approved and
Rule 9-6 does not reference an EPA approved version of the rule.
6. Rule 9-6 Section 205 contains an outdated reference to ``Section
6.1.3 of the Code of Federal Regulation, Title 10, Part 430, Subpart B,
Appendix E.'' However, section 6.1.3 does not exist in the current CFR.
7. Rule 9-6 Section 402.2 references certification methods from
SCAQMD Rule 1121 and 1146.2. These methods have not been previously EPA
approved and lie outside the SIP.
D. The EPA's Recommendations To Further Improve the Rules
The TSD includes recommendations for the next time BAAQMD amends
the rules.
[[Page 94635]]
E. Public Comment and Proposed Action
Section 110(k)(4) of the CAA authorizes the EPA to conditionally
approve a plan revision based on a commitment by the State to adopt
specific enforceable measures by a date certain but not later than one
year after the date of the plan approval. 42 U.S.C. 7410(k)(4). In this
instance, the enforceable measures that the State must submit are new
or revised rules that correct the rule deficiencies identified above.
On October 30, 2024, the State transmitted a commitment letter, dated
October 2, 2024, from the BAAQMD committing to correct the deficiencies
identified in this proposed action. The State also submitted a letter,
dated October 30, 2024, from CARB committing to submit the revised
rules to the EPA within 12 months of the publication of the final
conditional approval by the EPA. As authorized in section 110(k)(4) of
the CAA, the EPA proposes to conditionally approve the submitted rules
based on the commitment by the state to adopt specific enforceable
measures by a date certain but not later than one year after the date
of the plan approval.
If this proposed conditional approval is finalized as proposed, and
the BAAQMD or the State fail to comply with this commitment, the
conditional approval would convert to a disapproval.
We will accept comments from the public on this proposal until
December 30, 2024. If we take final action to approve the submitted
rules, our final action will incorporate these rules into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference BAAQMD, Rule 9-4, Nitrogen Oxides from Natural Gas-Fired
Furnaces, amended on March 15, 2023 and BAAQMD, Rule 9-6, Nitrogen
Oxides from Natural Gas-Fired Boilers and Water Heaters, adopted March
15, 2023, as discussed in section I. of this document. The EPA has
made, and will continue to make, these materials available through
<a href="https://www.regulations.gov">https://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).
IV. 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it proposes to approve a State program;
<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(ds) 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.
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 rulemaking 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).
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
Executive Order 14096 (Revitalizing Our Nation's Commitment to
Environmental Justice for All, 88 FR 25251, April 26, 2023) builds on
and supplements E.O. 12898 and defines EJ as, among other things, ``the
just treatment and meaningful involvement of all people, regardless of
income, race, color, national origin, or Tribal affiliation, or
disability in agency decision-making and other Federal activities that
affect human health and the environment.''
The air agency evaluated EJ considerations as part of its rule
development process even though the CAA and applicable implementing
regulations neither prohibit nor require an evaluation. The EPA is
taking action under the CAA on bases independent of the air agency's
evaluation of EJ. 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. In addition, there is no information in
the record upon which this decision is based that is inconsistent with
the stated goal of Executive Orders 12898 and 14096 of achieving EJ for
communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: November 18, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-27518 Filed 11-27-24; 8:45 am]
BILLING CODE 6560-50-P
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