Federal Register - February 22, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules water heaters. We are proposing to approve a local rule to regulate these emission sources under the Clean Air Act CAA or the Act. We are taking comments on this proposal and plan to follow with a final action.
Comments must be received on or before March 24, 2021.

DATES:

Submit your comments, identified by Docket ID No. EPAR09
OAR20200605 at https
www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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
ADDRESSES:

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 https www.epa.gov/dockets/
commenting-epa-dockets. 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:
Robert Schwartz, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: 415 9723286 or by email at schwartz.robert@epa.gov.

10521

SUPPLEMENTARY INFORMATION:
Throughout this document, we, us and our refer to the EPA.

Table of Contents I. The States Submittal A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. The EPAs Evaluation and Action A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. The EPAs Recommendations To Further Improve the Rule D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews
I. The States Submittal A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted by the California Air Resources Board CARB.

TABLE 1SUBMITTED RULE
Local agency
Rule No.

ICAPCD

Rule title
400.6

Natural Gas-Fired Water Heaters

On August 6, 2020, the submittal for ICAPCD Rule 400.6 was deemed by operation of law to meet the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.
B. Are there other versions of this rule?
There are no previous versions of Rule 400.6 in the SIP.

tkelley on DSKBCP9HB2PROD with PROPOSALS

C. What is the purpose of the submitted rule?
Emissions of NOX contribute to the production of ground-level ozone, smog, and particulate matter PM, which harm human health and the environment. Section 110a of the CAA
requires states to submit regulations that control NOX emissions. Rule 400.6 is a new rule that limits NOX emissions in the ICAPCD from natural gas-fired water heaters rated less than 75,000 Btu/hr.1
The EPAs technical support document TSD has more information about this rule.

1 British thermal unit Btu per hour: The amount of heat required to raise the temperature of one pound of water from 59 F to 60 F at one atmosphere
VerDate Sep<11>2014

18:29 Feb 19, 2021

Adopted
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II. The EPAs Evaluation and Action A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable see CAA section 110a2, must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA
requirements see CAA section 110l, and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions see CAA section 193.
Generally, SIP rules must require reasonably available control technology RACT for each major source of NOX in ozone nonattainment areas classified as Moderate or above see CAA sections 182b2 and 182f. The ICAPCD
regulates an ozone nonattainment area classified as Moderate for the 2008 8hour ozone National Ambient Air Quality Standards NAAQS 40 CFR
81.305 84 FR 58641. However, because this rule does not affect major sources, it does not need to implement section 182b2 RACT. While section 182b2 RACT does not apply, the Imperial County ozone nonattainment area is still subject to the SIP
requirement to implement all reasonably available control measures RACM and attainment of the NAAQS.

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11/26/2019

Submitted 02/06/2020

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. State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57
FR 13498 April 16, 1992; 57 FR 18070
April 28, 1992.
2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988 the Bluebook, revised January 11, 1990.
3. Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001 the Little Bluebook.
4. State Implementation Plans; Nitrogen Oxides Supplement to the General Preamble;
Clean Air Act Amendments of 1990
Implementation of Title I; Proposed Rule, the NOX Supplement, 57 FR 55620, November 25, 1992.
5. Alternative Control Techniques DocumentNOX Emissions from Industrial/
Commercial/Institutional ICI Boilers, EPA
453/R94022 March 1994.
6. Alternative Control Techniques DocumentNOX Emissions from Process Heaters Revised, EPA453/R93034
1993/09 September 1993.

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Federal Register - February 22, 2021

TitoloFederal Register

PaeseStati Uniti

Data22/02/2021

Conteggio pagine272

Numero di edizioni7799

Prima edizione14/03/1936

Ultima edizione22/06/2026

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