80 FR 13495 - Revisions to the California State Implementation Plan, South Coast Air Quality Management District and Sacramento Metropolitan Air Quality Management District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 50 (March 16, 2015)
Federal Register Volume 80, Issue 50 (March 16, 2015)
| Page Range | 13495-13497 | |
| FR Document | 2015-05807 |
[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)] [Rules and Regulations] [Pages 13495-13497] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05807] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2014-0851; FRL-9923-07-Region 9] Revisions to the California State Implementation Plan, South Coast Air Quality Management District and Sacramento Metropolitan Air Quality Management District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Sacramento Metropolitan Air Quality Management District (SMAQMD) and South Coast Air Quality Management District (SCAQMD) portions of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM) emissions from residential wood burning and particulate matter air pollution control devices. We are approving local rules that regulate these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule is effective on May 15, 2015 without further notice, unless EPA receives adverse comments by April 15, 2015. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR- 2014-0851, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on- line instructions. 2. Email: [email protected]. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or email. www.regulations.gov is an ``anonymous access'' system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send email directly to EPA, your email address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: Generally, documents in the docket for this action are available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' and ``our'' refer to 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. EPA's Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rules D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State's Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that they were amended by the local air agencies and submitted by the California Air Resources Board (CARB). [[Page 13496]] Table 1--Submitted Rules ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- SMAQMD................................ 421 Mandatory Episodic 09/24/09 09/21/12 Curtailment of Wood and Other Solid Fuel Burning (except section 402). SCAQMD................................ 1155 Particulate Matter (PM) 05/02/14 07/25/14 Control Devices. ---------------------------------------------------------------------------------------------------------------- On October 11, 2012 and September 11, 2014, EPA determined that the submittal for SMAQMD Rule 421 and SCAQMD Rule 1155, respectively, met the completeness criteria in 40 CFR part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of these rules? There are no previous versions of SMAQMD Rule 421 and SCAQMD 1155 in the SIP, although the SCAQMD adopted an earlier version of Rule 1155 on December 4, 2009, and CARB submitted it to us on August 25, 2010. While we can act on only the most recently submitted version, we have reviewed materials provided with the previous submittal. C. What is the purpose of the submitted rules? PM contributes to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. Section 110(a) of the CAA requires States to submit regulations that control PM emissions. SMAQMD Rule 421 reduces emissions of particulate matter by restricting operation of wood burning appliances on days when the particulate matter concentration is forecast to exceed ambient air quality standards. SCAQMD Rule 1155 establishes minimum performance and maintenance requirements for permitted particulate matter (PM) air pollution control devices. EPA's technical support documents (TSD) have more information about these rules. II. EPA's Evaluation and Action A. How is EPA evaluating the rules? Generally, SIP rules must be enforceable (see section 110(a) of the Act) and must not relax existing requirements (see sections 110(l) and 193). In addition, SMAQMD and SCAQMD regulate PM2.5 nonattainment areas (see 40 CFR 81.305), so the Reasonably Available Control Measure (RACM) requirement (see CAA section 189(a)(1)) applies to these areas. Guidance and policy documents that we use to evaluate enforceability and RACM requirements consistently include the following: 1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,'' EPA, May 25, 1988 (revised January 11, 1990) (the Bluebook). 2. ``Guidance Document for Correcting Common VOC & Other Rule Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook). 3. ``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). 4. ``State Implementation Plans for Serious PM-10 Nonattainment Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas Generally; Addendum to the General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 (August 16, 1994). 5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993. B. Do the rules meet the evaluation criteria? We believe SMAQMD Rule 421 (except section 402) and the Financial Hardship Exemption Decision Tree outlining the criteria for granting waivers submitted as non-regulatory supplemental material, and SCAQMD Rule 1155 are consistent with the relevant policy and guidance regarding enforceability, RACM, and SIP relaxations. The TSDs have more information on our evaluation. C. Public Comment and Final Action As authorized in section 110(k)(3) of the Act, EPA is fully approving the submitted rules because we believe they fulfill all relevant requirements. We do not think anyone will object to this approval, so we are finalizing it without proposing it in advance. However, in the Proposed Rules section of this Federal Register, we are simultaneously proposing approval of the same submitted rules. If we receive adverse comments by April 15, 2015, we will publish a timely withdrawal in the Federal Register to notify the public that the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on May 15, 2015. This will incorporate these rules into the federally enforceable SIP. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. III. 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, EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); 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.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); [[Page 13497]] Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); 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; and Does not provide EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). 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 May 15, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the Proposed Rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: January 23, 2015. Jared Blumenfeld, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended 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)(423) (i)(B)(2) and (ii) and (c)(447)(i)(C) to read as follows: Sec. 52.220 Identification of plan. * * * * * (c) * * * (423) * * * (i) * * * (B) * * * (2) Rule 421, ``Mandatory Episodic Curtailment of Wood and Other Solid Fuel Burning (except section 402),'' amended on September 24, 2009. (ii) Additional Material. (A) Sacramento Metropolitan Air Quality Management District. (1) Rule 421, ``Mandatory Episodic Curtailment of Wood and Other Solid Fuel Burning,'' Financial Hardship Exemption Decision Tree, dated December 12, 2007. * * * * * (447) * * * (i) * * * (C) South Coast Air Quality Management District. (1) Rule 1155, ``Particulate Matter (PM) Control Devices,'' amended on May 2, 2014. * * * * * [FR Doc. 2015-05807 Filed 3-13-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13495
EPA-APPROVED INDIANA REGULATIONS—Continued
Indiana
Indiana Subject effective EPA approval date Notes
citation date
* * * * * * *
Rule 7. Part 70 Permit Program
2–7–10.5 ...... Part 70 permits; source modifica- 10/26/2013 3/16/2015 [insert Federal Register Indiana made typographical correc-
tions. citation]. tions to (f)(2)(C) on 1/11/2014.
Rule 8. Federally Enforceable State Operating Permit Program
* * * * * * *
2–8–11.1 ...... Permit revisions .............................. 10/26/2013 3/16/2015 [insert Federal Register Indiana made typographical correc-
citation]. tions to (d)(4) on 1/11/2014.
* * * * * * *
* * * * * that this direct final rule will not take electronically at www.regulations.gov
[FR Doc. 2015–05838 Filed 3–13–15; 8:45 am] effect. and in hard copy at EPA Region IX, 75
BILLING CODE 6560–50–P ADDRESSES: Submit comments, Hawthorne Street, San Francisco,
identified by docket number EPA–R09– California 94105–3901. While all
OAR–2014–0851, by one of the documents in the docket are listed at
ENVIRONMENTAL PROTECTION following methods: www.regulations.gov, some information
AGENCY 1. Federal eRulemaking Portal: may be publicly available only at the
www.regulations.gov. Follow the on-line hard copy location (e.g., copyrighted
40 CFR Part 52 instructions. material, large maps), and some may not
2. Email: steckel.andrew@epa.gov. be publicly available in either location
[EPA–R09–OAR–2014–0851; FRL–9923–07– 3. Mail or deliver: Andrew Steckel (e.g., CBI). To inspect the hard copy
Region 9] (Air-4), U.S. Environmental Protection materials, please schedule an
Agency Region IX, 75 Hawthorne Street, appointment during normal business
Revisions to the California State San Francisco, CA 94105–3901. hours with the contact listed in the FOR
Implementation Plan, South Coast Air Instructions: All comments will be FURTHER INFORMATION CONTACT section.
Quality Management District and included in the public docket without
Sacramento Metropolitan Air Quality FOR FURTHER INFORMATION CONTACT:
change and may be made available Christine Vineyard, EPA Region IX,
Management District online at www.regulations.gov, (415) 947–4125, vineyard.christine@
AGENCY: Environmental Protection including any personal information epa.gov.
Agency (EPA). provided, unless the comment includes
Confidential Business Information (CBI) SUPPLEMENTARY INFORMATION:
ACTION: Direct final rule. or other information whose disclosure is Throughout this document, ‘‘we,’’ ‘‘us,’’
restricted by statute. Information that and ‘‘our’’ refer to EPA.
SUMMARY: The Environmental Protection
you consider CBI or otherwise protected Table of Contents
Agency (EPA) is taking direct final
should be clearly identified as such and
action to approve revisions to the I. The State’s Submittal
should not be submitted through
Sacramento Metropolitan Air Quality A. What rules did the State submit?
www.regulations.gov or email.
Management District (SMAQMD) and B. Are there other versions of these rules?
www.regulations.gov is an ‘‘anonymous
South Coast Air Quality Management C. What is the purpose of the submitted
access’’ system, and EPA will not know rules?
District (SCAQMD) portions of the
your identity or contact information II. EPA’s Evaluation and Action
California State Implementation Plan
unless you provide it in the body of A. How is EPA evaluating the rules?
(SIP). These revisions concern
your comment. If you send email B. Do the rules meet the evaluation
particulate matter (PM) emissions from
directly to EPA, your email address will criteria?
residential wood burning and C. EPA Recommendations To Further
be automatically captured and included
particulate matter air pollution control Improve the Rules
as part of the public comment. If EPA
devices. We are approving local rules D. Public Comment and Final Action
cannot read your comment due to
that regulate these emission sources III. Statutory and Executive Order Reviews
technical difficulties and cannot contact
under the Clean Air Act (CAA or the
you for clarification, EPA may not be I. The State’s Submittal
Act).
able to consider your comment.
DATES: This rule is effective on May 15, A. What rules did the State submit?
Electronic files should avoid the use of
2015 without further notice, unless EPA special characters, any form of Table 1 lists the rules we are
Rmajette on DSK2VPTVN1PROD with RULES
receives adverse comments by April 15, encryption, and be free of any defects or approving with the dates that they were
2015. If we receive such comments, we viruses. amended by the local air agencies and
will publish a timely withdrawal in the Docket: Generally, documents in the submitted by the California Air
Federal Register to notify the public docket for this action are available Resources Board (CARB).
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![Federal Register / Vol. 80, No. 50 / Monday, March 16, 2015 / Rules and Regulations 13497
• Is not a significant regulatory action and address the comment in the DEPARTMENT OF THE INTERIOR
subject to Executive Order 13211 (66 FR proposed rulemaking. This action may
28355, May 22, 2001); not be challenged later in proceedings to Fish and Wildlife Service
• Is not subject to requirements of enforce its requirements (see section
Section 12(d) of the National 307(b)(2)). 50 CFR Part 21
Technology Transfer and Advancement [Docket No. FWS–R9–MB–2012–0098;
List of Subjects in 40 CFR Part 52
Act of 1995 (15 U.S.C. 272 note) because FF09M21200–134–FXMB1231099BPP0]
application of those requirements would Environmental protection, Air
be inconsistent with the Clean Air Act; RIN 1018–AZ19
pollution control, Incorporation by
and reference, Intergovernmental relations, Migratory Bird Hunting and Permits;
• Does not provide EPA with the Particulate matter, Reporting and Regulations for Managing Harvest of
discretionary authority to address recordkeeping requirements. Light Goose Populations
disproportionate human health or
environmental effects with practical, Dated: January 23, 2015.
AGENCY: Fish and Wildlife Service,
appropriate, and legally permissible Jared Blumenfeld, Interior.
methods under Executive Order 12898 Regional Administrator, Region IX. ACTION: Final rule.
(59 FR 7629, February 16, 1994).
Part 52, Chapter I, Title 40 of the Code SUMMARY: We reduce the information
In addition, this rule does not have
of Federal Regulations is amended as collection requirements for participants
tribal implications as specified by
follows: in the light goose conservation order,
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is which authorizes methods of take to
PART 52—APPROVAL AND increase harvest of certain populations
not approved to apply in Indian country PROMULGATION OF
located in the State, and EPA notes that of light geese in the Atlantic, Central,
IMPLEMENTATION PLANS Mississippi, and Pacific Flyways, and to
it will not impose substantial direct
costs on tribal governments or preempt reduce the burden on State and tribal
■ 1. The authority citation for part 52 wildlife agencies that are required to
tribal law.
continues to read as follows: submit annual light goose harvest
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Authority: 42 U.S.C. 7401 et seq. reports to us. This action will eliminate
Business Regulatory Enforcement reporting requirements that we believe
Fairness Act of 1996, generally provides Subpart F—California to be unnecessary and will relieve
that before a rule may take effect, the requirements on individuals, States, and
agency promulgating the rule must ■ 2. Section 52.220, is amended by tribes.
submit a rule report, which includes a adding paragraphs (c)(423) (i)(B)(2) and DATES: This regulation change will be
copy of the rule, to each House of the (ii) and (c)(447)(i)(C) to read as follows: effective on April 15, 2015.
Congress and to the Comptroller General ADDRESSES: Document Availability: You
§ 52.220 Identification of plan.
of the United States. EPA will submit a may obtain a copy of the final
report containing this action and other * * * * * environmental impact statement (EIS)
required information to the U.S. Senate, (c) * * * on this management issue from our Web
the U.S. House of Representatives, and (423) * * * site at: http://www.fws.gov/
the Comptroller General of the United migratorybirds/currentbirdissues/
States prior to publication of the rule in (i) * * * management/snowgse/tblcont.html, or
the Federal Register. A major rule (B) * * * by requesting one from the Division of
cannot take effect until 60 days after it (2) Rule 421, ‘‘Mandatory Episodic Migratory Bird Management, U.S. Fish
is published in the Federal Register. Curtailment of Wood and Other Solid and Wildlife Service, 5275 Leesburg
This action is not a ‘‘major rule’’ as Fuel Burning (except section 402),’’ Pike, Mail Stop MB, Falls Church, VA
defined by 5 U.S.C. 804(2). amended on September 24, 2009. 22041–3830.
Under section 307(b)(1) of the Clean FOR FURTHER INFORMATION CONTACT:
Air Act, petitions for judicial review of (ii) Additional Material.
James Kelley at 612–713–5409.
this action must be filed in the United (A) Sacramento Metropolitan Air SUPPLEMENTARY INFORMATION:
States Court of Appeals for the Quality Management District.
appropriate circuit by May 15, 2015. Background
(1) Rule 421, ‘‘Mandatory Episodic
Filing a petition for reconsideration by Curtailment of Wood and Other Solid Under the Migratory Bird Treaty Act
the Administrator of this final rule does Fuel Burning,’’ Financial Hardship (MBTA), the U.S. Fish and Wildlife
not affect the finality of this action for Exemption Decision Tree, dated Service (Service) has the primary
the purposes of judicial review nor does December 12, 2007. Federal responsibility for managing
it extend the time within which a * * * * * migratory birds. We implement the
petition for judicial review may be filed, provisions of the MBTA through
and shall not postpone the effectiveness (447) * * * regulations in parts 10, 13, 20, 21, and
of such rule or action. Parties with (i) * * * 22 of title 50 of the Code of Federal
objections to this direct final rule are (C) South Coast Air Quality Regulations (CFR).
encouraged to file a comment in Management District. In 1999, we established a
Rmajette on DSK2VPTVN1PROD with RULES
response to the parallel notice of conservation order at 50 CFR 21.60 to
proposed rulemaking for this action (1) Rule 1155, ‘‘Particulate Matter increase harvest of light geese and
published in the Proposed Rules section (PM) Control Devices,’’ amended on authorize new methods of take (64 FR
of today’s Federal Register, rather than May 2, 2014. 7517, February 16, 1999). We took this
file an immediate petition for judicial * * * * * action because several populations of
review of this direct final rule, so that [FR Doc. 2015–05807 Filed 3–13–15; 8:45 am] light geese were exceeding the carrying
EPA can withdraw this direct final rule BILLING CODE 6560–50–P capacity of their breeding or migration
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Document Created: 2018-02-21 09:37:35
Document Modified: 2018-02-21 09:37:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on May 15, 2015 without further notice, unless EPA receives adverse comments by April 15, 2015. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. | |
| Contact | Christine Vineyard, EPA Region IX, (415) 947-4125, [email protected] | |
| FR Citation | 80 FR 13495 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements |
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