81 FR 69393 - Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 194 (October 6, 2016)
Federal Register Volume 81, Issue 194 (October 6, 2016)
| Page Range | 69393-69396 | |
| FR Document | 2016-24081 |
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)] [Rules and Regulations] [Pages 69393-69396] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24081] [[Page 69393]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2015-0570; FRL-9951-67-Region 9] Approval of California Air Plan Revisions, San Joaquin Valley Unified Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of volatile organic compounds (VOCs), oxides of nitrogen (NOX ), and particulate matter (PM) from wood burning devices. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on November 7, 2016. ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0570 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105- 3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi- volume reports), and some may not be available in either location (e.g., confidential business information (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: Rynda Kay, EPA Region IX, (415) 947- 4118, [email protected]. 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 September 30, 2015 in 80 FR 58637, the EPA proposed to approve the following rule into the California SIP. ---------------------------------------------------------------------------------------------------------------- Local agency Rule No. Rule title Amended Submitted ---------------------------------------------------------------------------------------------------------------- SJVUAPCD.......................... 4901 Wood Burning Fireplaces 09/18/14 11/06/14 and Wood Burning Heaters. ---------------------------------------------------------------------------------------------------------------- We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, which ended on October 30, 2015, we received comments from Adenike Adeyeye, Earthjustice.\1\ Summaries of the comments are provided below, along with our responses to those comments. --------------------------------------------------------------------------- \1\ Letter and email from Adenike Adeyeye, Earthjustice, dated and received October 30, 2015. --------------------------------------------------------------------------- Comment #1: Earthjustice commented that, ``[t]he previous iteration of Rule 4901, amended in 2008, banned the use of [all] wood burning devices when the forecasted PM2.5 concentration exceeded 30 [micrograms per cubic meter ([micro]g/m\3\)]'', while the submitted rule allows use of registered devices \2\ until forecasted PM2.5 concentrations reach 65 [micro]g/m\3\. Earthjustice argued that this revision, which allows registered devices to burn and emit PM equal to or less than 2.5 microns in diameter (PM2.5 ) while the San Joaquin Valley Air Basin is violating the 2006 24-hour PM2.5 standard, constitutes a relaxation of restrictions on burning for registered wood burning devices that violates CAA section 110(l). Earthjustice noted that SJVUAPCD justified this relaxation by predicting drastic emission reductions from replacement of existing wood burning devices, but asserted that SJVUAPCD's claim that the relaxation is irrelevant because the associated emissions are low is incorrect. --------------------------------------------------------------------------- \2\ Submitted Rule 4901, Paragraph 5.7.1 sets eligibility requirements for District registration of wood burning heaters that may be used during a Level One Episodic Wood Burning Curtailment. The heaters must be either exempt from EPA certification requirements or EPA-certified as specified under the New Source Performance Standard (NSPS) for New Residential Wood Heaters (40 CFR part 60, subpart AAA) in effect at the time of purchase or installation. --------------------------------------------------------------------------- Response #1: We disagree with the commenter's claim that the rule revisions are a relaxation that violates CAA section 110(l). As an initial matter, section 110(l) does not prohibit all relaxations of individual SIP-approved rule provisions. Rather, section 110(l) prohibits the EPA from approving a SIP revision that ``would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in [CAA section 171]), or any other applicable requirement of [the CAA].'' The EPA's conclusion that Rule 4901 will not interfere with attainment is not based on low emissions associated with the revision of the SIP to allow registered devices to be used when forecasted concentrations are between 30 and 65 [micro]g/ m\3\, as the commenter asserts. The commenter focuses only on this provision of Rule 4901 and ignores the associated requirement that unregistered devices can no longer be used when forecasted concentrations are above 20 [micro]g/m\3\. Contrary to the commenter's suggestion, the EPA is not required under section 110(l) to evaluate each individual revision to Rule 4901 separately from all other revisions to Rule 4901. Accordingly, the EPA's analysis of Rule 4901 considers both provisions in conjunction. As discussed in the EPA's Technical Support Document supporting our proposed approval of Rule 4901 (``Rule 4901 TSD''),\3\ SJVUAPCD estimates that reducing the PM2.5 forecast level at which unregistered devices are banned from 30 to 20 [micro]g/m\3\ decreases average wood burning season emissions by 3.33 tons per day (tpd) PM2.5 , while allowing registered devices to burn when forecasted concentrations are between 30-65 [micro]g/m\3\ increases emissions by 0.065 tpd PM2.5 . Combining these changes yields an overall estimated emission reduction of 3.27 tpd PM2.5 when compared to the SIP-approved rule.\4\ Therefore, projected increases in [[Page 69394]] emissions from registered devices are more than offset by the emission reductions achieved by the enhanced curtailment criteria for unregistered stoves. Contrary to the commenter's assertion, this evaluation does not rely on expected additional change-outs to cleaner burning devices, which would lead to additional emission reductions beyond 3.27 tpd PM2.5 . Thus, the revisions to Rule 4901 are expected to result in significant emission reductions overall compared to the current SIP-approved version of the rule, which will help to expedite attainment of the PM2.5 NAAQS in the San Joaquin Valley (SJV). Accordingly, we find that the revisions to Rule 4901 are consistent with the development of an overall plan for attaining the NAAQS in the SJV. --------------------------------------------------------------------------- \3\ See Technical Support Document for the EPA's Proposed Rulemaking for the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District Rule 4901, Wood Burning Fireplaces and Wood Burning Heaters, August 2015, (``Rule 4901 TSD'') page 8. \4\ As noted in the Rule 4901 TSD, the SIP-approved version of Rule 4901 contains a contingency provision which would have come into effect if the EPA had found that the SJV had failed to attain the 1997 PM2.5 National Ambient Air Quality Standards (NAAQS or ``standards'') by the applicable deadline. That provision would have reduced the mandatory curtailment PM2.5 forecast threshold from 30 to 20 [mu]g/m\3\ for all wood burning devices. However, we have not made a finding that the SJV failed to attain the 1997 PM2.5 NAAQS by the applicable deadline, so the contingency provision has not been triggered. Moreover, we have withdrawn our approval of and disapproved the State's 2013 Contingency Measure Submittal, which relied, among other things on the contingency provision in Rule 4901. 81 FR 29498 (May 12, 2016). Accordingly, we believe the appropriate point of comparison for purposes of 110(l) is the SIP-approved rule without the contingency measure (i.e., a mandatory curtailment PM2.5 forecast threshold of 30 [mu]g/m\3\ for all wood burning devices). --------------------------------------------------------------------------- With regard to other applicable requirements of the CAA, for the reasons explained in our proposal, TSD and in response to comments below, we also find that Rule 4901 implements reasonably available control measures (RACM) and best available control measures (BACM) for PM2.5 emissions from wood burning devices in the SJV. Therefore, we conclude that the revisions to Rule 4901 will not interfere with any applicable requirement concerning attainment and reasonable further progress or any other applicable requirement of the CAA. Comment #2: Earthjustice commented that the Bay Area Air Quality Management District (BAAQMD), South Coast Air Quality Management District (SCAQMD), and Sacramento Metropolitan Air Quality Management District (SMAQMD) include more stringent curtailment requirements as they apply to registered devices. In particular, Earthjustice noted that SCAQMD and BAAQMD ban the use of all wood burning devices when the forecasted PM2.5 concentration exceeds 30 [micro]g/m\3\ and 35 [micro]g/m\3\, respectively. SMAQMD limits burning using a tiered system, banning the use of registered devices when the forecasted PM2.5 concentration exceeds 35 [micro]g/m\3\. As a result, Earthjustice argued that ``[t]he changes to rule 4901 do not meet the requirements for reasonably available control measures (RACM) or BACM for registered wood burning devices.'' Response #2: The commenter appears to assume that we must evaluate RACM and BACM for registered (clean burning) devices separately from RACM and BACM for unregistered devices. We do not agree with this premise. Nothing in the CAA or EPA's implementing regulations requires us to consider the stringency of requirements for registered devices separately from the stringency of requirements for unregistered devices. Furthermore, the purpose of the two-tiered curtailment system is to encourage replacement of unregistered devices with registered devices, so it is reasonable to consider the requirements applicable to registered and unregistered devices together.\5\ As explained above, SJVUAPCD estimates that the emissions from registered clean burning devices when concentrations are above 30 [micro]g/m\3\ will be overwhelmingly compensated for by decreased emissions from unregistered devices when concentrations are between 20-30 [micro]g/m\3\, making the Rule 4901 curtailment program at least as stringent as or more stringent than these and other analogous curtailment programs.\6\ The commenter has not provided information that contradicts the District's assessment in this regard. --------------------------------------------------------------------------- \5\ For example, on page 45 of Final Staff Report for Amendments to the District's Residential Wood Burning Program, SJVUAPCD, dated September 18, 2014, SJVUAPCD explains that 29% of survey respondents indicated that they would replace their current wood burning fireplace or wood burning heater with a cleaner device if allowed to burn more often. \6\ See Rule 4901 TSD, page 11. --------------------------------------------------------------------------- Comment #3: Earthjustice asserted that the controls on the installation of wood burning devices in new developments are less stringent than those used by SCAQMD and BAAQMD. In particular, the commenter noted that SCAQMD Rule 445 prohibits the installation of any wood burning device in new development, except where there is no existing infrastructure for natural gas within 150 feet of the property line or those 3,000 feet above sea level.\7\ In addition, the commenter stated that ``BAAQMD recently became the first air district in the nation to ban the installation of wood burning devices in any new development.'' --------------------------------------------------------------------------- \7\ SCAQMD, Rule 445: Wood Burning Devices, Section f(2) (amended 5/3/13). --------------------------------------------------------------------------- Response #3: Rule 4901, Paragraph 5.3 limits the number of wood burning devices that can be installed in new residential developments. In residential developments with a density greater than two dwellings per acre, no wood burning fireplaces are allowed and a maximum of two certified wood burning heaters per acre are allowed. In developments with a density less than or equal to two dwellings per acre, one wood burning fireplace or certified wood burning heater is allowed per dwelling. As discussed in Rule 4901 TSD at page 12, ``SJVUAPCD states that Rule 4901 is more stringent than SCAQMD Rule 445 as it does not exempt any homes at any elevation.\8\ Given the lack of any exemptions in Rule 4901, it is reasonable to conclude that Rule 4901 is at least as stringent as SCAQMD Rule 445.'' The commenters have not provided new information to contradict this conclusion. --------------------------------------------------------------------------- \8\ See Rule 4901 Staff Report, p. 30. --------------------------------------------------------------------------- The ban on wood burning devices in new construction in BAAQMD Regulation 6-3 was enacted on October 21, 2015, more than a year after SJVUAPCD had amended Rule 4901 on September 18, 2014, and does not become effective until November 1, 2016.\9\ Given that no other State or district had enacted a complete ban at the time that SJVUAPCD was revising Rule 4901 and conducting its BACM analysis and no such ban has yet become effective in any State or district, we do not believe it is reasonable to disapprove Rule 4901 for failing to include such a ban. However, we recommend that SJVUAPCD evaluate the feasibility of such a ban in the SJV and revise Rule 4901 to include such a ban, if it is found to be feasible. --------------------------------------------------------------------------- \9\ BAAQMD, Regulation 6: Particulate Matter and Visible Emissions, Rule 3: Wood Burning Devices, Section 6[hyphen]3[hyphen]306 (amended 10/21/15). --------------------------------------------------------------------------- Comment #4: Earthjustice commented that Rule 4901's incentive of fewer no-burn days for registered devices is inappropriate and unnecessarily adds air pollution. Earthjustice argued that SJVUAPCD's well-funded financial incentives program is sufficient to motivate a switch to registered wood burning devices and allowing these devices to burn additional days is an unnecessary additional incentive. Further, Earthjustice suggested, if the District offers an additional ``incentive of fewer no burn days, the limit for registered devices should be 30 [micro]g/m\3\, not 65 [micro]g/m\3\.'' Response #4: The survey conducted for SJVUAPCD found that 24 percent (%) of residents with non-EPA certified wood burning heaters and wood burning fireplaces would transition to cleaner burning devices if provided a discount of up to 50% toward the cost of a new wood burning device and 29% of residents stated they would transition to cleaner devices if allowed to burn [[Page 69395]] more often.\10\ It seems reasonable to conclude that using both strategies in combination should encourage at least some additional change-outs over just providing incentive funding. In reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet minimum criteria set by the CAA and any applicable EPA regulations and are reasonable. We conclude that allowing clean burning devices to burn when the PM2.5 concentration is forecasted to be between 20-65 [mu]g/m\3\ is reasonable and, as described in Response #1 and #2 above, complies with relevant CAA requirements. --------------------------------------------------------------------------- \10\ See Staff Report, Appendix B, p. B-13. --------------------------------------------------------------------------- Comment #5: Earthjustice argued that the District should be required to incorporate the EPA's recommendations into Rule 4901. In particular, Earthjustice asserted that the District should: (1) Not subsidize the transition to wood burning heaters, which are generally used more frequently than gas fireplaces; (2) require retrofit of existing wood burning fireplaces during major renovations; and (3) require homes where wood burning devices are the sole source of heat to meet current EPA certification requirements. Earthjustice noted that requirements similar to (2) and (3) were recently added to the BAAQMD rule. Response #5: While we agree that SJVUAPCD should consider eliminating subsidies for transition from fireplaces to wood burning heaters, details regarding the implementation of SJVUAPCD's monetary incentive program have not been submitted into the SIP and are outside of the scope of this rulemaking. Regarding retrofits of wood burning fireplaces during major renovations, at the time of Rule 4901 adoption and proposal, Laguna Beach, California was the only area we were aware of that required fireplace retrofits upon major home renovation. While we recommended SJVUAPCD examine the feasibility of including this provision, its existence in one small southern California city is not a sufficient basis for determining that it is feasible in the much larger and more diverse SJV. As noted by the commenter, on October 21, 2015, BAAQMD adopted a requirement that a gas-fueled, electric, or EPA- certified device be installed upon remodel of a fireplace or chimney where total costs exceed $15,000 and a local building permit is required. Given that no other State or district had adopted a similar provision at the time that Rule 4901 was revised, we do not believe it is reasonable to disapprove Rule 4901 for failing to include such a provision. However, we continue to recommend that SJVUAPCD consider the feasibility of implementing such a provision in the SJV, particularly in light of the newly-enacted BAAQMD provision. Similarly, we do not believe it is reasonable to disapprove Rule 4901 for failing to require sole-source households to meet EPA certification requirements, as no other State or district had adopted a similar provision at the time that Rule 4901 was amended. In the Rule 4901 TSD, Attachment 1,\11\ we compared Rule 4901 to analogous district rules, and found SJVUAPCD implements a collection of measures as stringent as or more stringent than these rules. We agree that SJVUAPCD should consider our recommendations for future rule revisions, but they do not affect our conclusion that Rule 4901, as amended, strengthens the SIP, decreases PM2.5 emissions, and currently implements BACM/Best Available Control Technology (BACT) for wood burning devices. Additionally, the rule fulfills the relevant CAA section 110 and Title I Part D requirements. Therefore, we conclude that our recommendations for rule revisions do not provide a basis for rule disapproval. --------------------------------------------------------------------------- \11\ See Rule 4901 TSD, Attachment 1. Major Components of Various Residential Wood Burning Rules.xlsx. --------------------------------------------------------------------------- III. EPA Action No comments were submitted that change our assessment of the rule as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is fully approving this rule into the California SIP. 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 the SJVUAPCD rule described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents available electronically through www.regulations.gov and in hard copy at U.S. Environmental Protection Agency Region IX (AIR-4), 75 Hawthorne Street, San Francisco, CA, 94105-3901. V. 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 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 (Pub. L. 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); 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 the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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). [[Page 69396]] 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. The 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 December 5, 2016. 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. 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 15, 2016. Alexis Strauss, Acting 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)(364)(i)(A)(4) and (c)(457)(i)(H) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (364) * * * (i) * * * (A) * * * (4) Previously approved on October 11, 2009 in paragraph (c)(364)(i)(A)(2) of this section and now deleted with replacement in paragraph (c)(457)(i)(H)(1), Rule 4901, ``Wood Burning Fireplaces and Wood Burning Heaters,'' amended on October 16, 2008. * * * * * (457) * * * (i) * * * (H) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4901, ``Wood Burning Fireplaces and Wood Burning Heaters,'' amended on September 18, 2014. * * * * * [FR Doc. 2016-24081 Filed 10-5-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations 69393
ENVIRONMENTAL PROTECTION particulate matter (PM) from wood (CBI)). To inspect the hard copy
AGENCY burning devices. We are approving a materials, please schedule an
local rule that regulates these emission appointment during normal business
40 CFR Part 52 sources under the Clean Air Act (CAA hours with the contact listed in the FOR
[EPA–R09–OAR–2015–0570; FRL–9951–67– or the Act). FURTHER INFORMATION CONTACT section.
Region 9] DATES: This rule will be effective on FOR FURTHER INFORMATION CONTACT:
November 7, 2016. Rynda Kay, EPA Region IX, (415) 947–
Approval of California Air Plan ADDRESSES: The EPA has established 4118, kay.rynda@epa.gov.
Revisions, San Joaquin Valley Unified docket number EPA–R09–OAR–2015–
Air Pollution Control District SUPPLEMENTARY INFORMATION:
0570 for this action. Generally, Throughout this document, ‘‘we,’’ ‘‘us’’
AGENCY: Environmental Protection documents in the docket for this action and ‘‘our’’ refer to the EPA.
Agency (EPA). are available electronically at http://
ACTION: Final rule. www.regulations.gov or in hard copy at Table of Contents
EPA Region IX, 75 Hawthorne Street, I. Proposed Action
SUMMARY: The Environmental Protection San Francisco, California 94105–3901. II. Public Comments and EPA Responses
Agency (EPA) is taking final action to While all documents in the docket are III. EPA Action
approve a revision to the San Joaquin listed at http://www.regulations.gov, IV. Incorporation by Reference
Valley Unified Air Pollution Control some information may be publicly V. Statutory and Executive Order Reviews
District (SJVUAPCD) portion of the available only at the hard copy location I. Proposed Action
California State Implementation Plan (e.g., copyrighted material, large maps,
(SIP). This revision concerns emissions multi-volume reports), and some may On September 30, 2015 in 80 FR
of volatile organic compounds (VOCs), not be available in either location (e.g., 58637, the EPA proposed to approve the
oxides of nitrogen (NOX), and confidential business information following rule into the California SIP.
Local agency Rule No. Rule title Amended Submitted
SJVUAPCD ............................. 4901 Wood Burning Fireplaces and Wood Burning Heaters .......... 09/18/14 11/06/14
We proposed to approve this rule devices to burn and emit PM equal to devices can no longer be used when
because we determined that it complied or less than 2.5 microns in diameter forecasted concentrations are above 20
with the relevant CAA requirements. (PM2.5) while the San Joaquin Valley Air mg/m3. Contrary to the commenter’s
Our proposed action contains more Basin is violating the 2006 24-hour suggestion, the EPA is not required
information on the rule and our PM2.5 standard, constitutes a relaxation under section 110(l) to evaluate each
evaluation. of restrictions on burning for registered individual revision to Rule 4901
wood burning devices that violates CAA separately from all other revisions to
II. Public Comments and EPA Rule 4901. Accordingly, the EPA’s
section 110(l). Earthjustice noted that
Responses analysis of Rule 4901 considers both
SJVUAPCD justified this relaxation by
The EPA’s proposed action provided predicting drastic emission reductions provisions in conjunction.
a 30-day public comment period. During from replacement of existing wood As discussed in the EPA’s Technical
this period, which ended on October 30, burning devices, but asserted that Support Document supporting our
2015, we received comments from SJVUAPCD’s claim that the relaxation is proposed approval of Rule 4901 (‘‘Rule
Adenike Adeyeye, Earthjustice.1 irrelevant because the associated 4901 TSD’’),3 SJVUAPCD estimates that
Summaries of the comments are emissions are low is incorrect. reducing the PM2.5 forecast level at
provided below, along with our Response #1: We disagree with the which unregistered devices are banned
responses to those comments. commenter’s claim that the rule from 30 to 20 mg/m3 decreases average
Comment #1: Earthjustice commented revisions are a relaxation that violates wood burning season emissions by 3.33
that, ‘‘[t]he previous iteration of Rule CAA section 110(l). As an initial matter, tons per day (tpd) PM2.5, while allowing
4901, amended in 2008, banned the use section 110(l) does not prohibit all registered devices to burn when
of [all] wood burning devices when the relaxations of individual SIP-approved forecasted concentrations are between
forecasted PM2.5 concentration exceeded rule provisions. Rather, section 110(l) 30–65 mg/m3 increases emissions by
30 [micrograms per cubic meter (mg/ prohibits the EPA from approving a SIP 0.065 tpd PM2.5. Combining these
m3)]’’, while the submitted rule allows revision that ‘‘would interfere with any changes yields an overall estimated
use of registered devices 2 until applicable requirement concerning emission reduction of 3.27 tpd PM2.5
forecasted PM2.5 concentrations reach attainment and reasonable further when compared to the SIP-approved
65 mg/m3. Earthjustice argued that this progress (as defined in [CAA section rule.4 Therefore, projected increases in
revision, which allows registered 171]), or any other applicable
3 See Technical Support Document for the EPA’s
requirement of [the CAA].’’ The EPA’s
Proposed Rulemaking for the California State
1 Letter and email from Adenike Adeyeye, conclusion that Rule 4901 will not Implementation Plan, San Joaquin Valley Unified
Earthjustice, dated and received October 30, 2015. interfere with attainment is not based on Air Pollution Control District Rule 4901, Wood
2 Submitted Rule 4901, Paragraph 5.7.1 sets Burning Fireplaces and Wood Burning Heaters,
low emissions associated with the
sradovich on DSK3GMQ082PROD with RULES
eligibility requirements for District registration of August 2015, (‘‘Rule 4901 TSD’’) page 8.
wood burning heaters that may be used during a
revision of the SIP to allow registered 4 As noted in the Rule 4901 TSD, the SIP-
Level One Episodic Wood Burning Curtailment. devices to be used when forecasted approved version of Rule 4901 contains a
The heaters must be either exempt from EPA concentrations are between 30 and 65 contingency provision which would have come into
certification requirements or EPA-certified as mg/m3, as the commenter asserts. The effect if the EPA had found that the SJV had failed
specified under the New Source Performance to attain the 1997 PM2.5 National Ambient Air
Standard (NSPS) for New Residential Wood Heaters
commenter focuses only on this Quality Standards (NAAQS or ‘‘standards’’) by the
(40 CFR part 60, subpart AAA) in effect at the time provision of Rule 4901 and ignores the applicable deadline. That provision would have
of purchase or installation. associated requirement that unregistered Continued
VerDate Sep<11>2014 17:57 Oct 05, 2016 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\06OCR1.SGM 06OCR1](https://thefederalregister.org/doc/81_FR_69587/page/1.svg)
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emissions from registered devices are requirements for reasonably available maximum of two certified wood burning
more than offset by the emission control measures (RACM) or BACM for heaters per acre are allowed. In
reductions achieved by the enhanced registered wood burning devices.’’ developments with a density less than
curtailment criteria for unregistered Response #2: The commenter appears or equal to two dwellings per acre, one
stoves. Contrary to the commenter’s to assume that we must evaluate RACM wood burning fireplace or certified
assertion, this evaluation does not rely and BACM for registered (clean burning) wood burning heater is allowed per
on expected additional change-outs to devices separately from RACM and dwelling. As discussed in Rule 4901
cleaner burning devices, which would BACM for unregistered devices. We do TSD at page 12, ‘‘SJVUAPCD states that
lead to additional emission reductions not agree with this premise. Nothing in Rule 4901 is more stringent than
beyond 3.27 tpd PM2.5. Thus, the the CAA or EPA’s implementing SCAQMD Rule 445 as it does not
revisions to Rule 4901 are expected to regulations requires us to consider the exempt any homes at any elevation.8
result in significant emission reductions stringency of requirements for registered Given the lack of any exemptions in
overall compared to the current SIP- devices separately from the stringency Rule 4901, it is reasonable to conclude
approved version of the rule, which will of requirements for unregistered that Rule 4901 is at least as stringent as
help to expedite attainment of the PM2.5 devices. Furthermore, the purpose of the SCAQMD Rule 445.’’ The commenters
NAAQS in the San Joaquin Valley (SJV). two-tiered curtailment system is to have not provided new information to
Accordingly, we find that the revisions encourage replacement of unregistered contradict this conclusion.
to Rule 4901 are consistent with the devices with registered devices, so it is The ban on wood burning devices in
development of an overall plan for reasonable to consider the requirements new construction in BAAQMD
attaining the NAAQS in the SJV. applicable to registered and
Regulation 6–3 was enacted on October
With regard to other applicable unregistered devices together.5 As
21, 2015, more than a year after
requirements of the CAA, for the explained above, SJVUAPCD estimates
SJVUAPCD had amended Rule 4901 on
reasons explained in our proposal, TSD that the emissions from registered clean
September 18, 2014, and does not
and in response to comments below, we burning devices when concentrations
become effective until November 1,
also find that Rule 4901 implements are above 30 mg/m3 will be
2016.9 Given that no other State or
reasonably available control measures overwhelmingly compensated for by
district had enacted a complete ban at
(RACM) and best available control decreased emissions from unregistered
the time that SJVUAPCD was revising
measures (BACM) for PM2.5 emissions devices when concentrations are
Rule 4901 and conducting its BACM
from wood burning devices in the SJV. between 20–30 mg/m3, making the Rule
Therefore, we conclude that the 4901 curtailment program at least as analysis and no such ban has yet
revisions to Rule 4901 will not interfere stringent as or more stringent than these become effective in any State or district,
with any applicable requirement and other analogous curtailment we do not believe it is reasonable to
concerning attainment and reasonable programs.6 The commenter has not disapprove Rule 4901 for failing to
further progress or any other applicable provided information that contradicts include such a ban. However, we
requirement of the CAA. the District’s assessment in this regard. recommend that SJVUAPCD evaluate
Comment #2: Earthjustice commented Comment #3: Earthjustice asserted the feasibility of such a ban in the SJV
that the Bay Area Air Quality that the controls on the installation of and revise Rule 4901 to include such a
Management District (BAAQMD), South wood burning devices in new ban, if it is found to be feasible.
Coast Air Quality Management District developments are less stringent than Comment #4: Earthjustice commented
(SCAQMD), and Sacramento those used by SCAQMD and BAAQMD. that Rule 4901’s incentive of fewer no-
Metropolitan Air Quality Management In particular, the commenter noted that burn days for registered devices is
District (SMAQMD) include more SCAQMD Rule 445 prohibits the inappropriate and unnecessarily adds
stringent curtailment requirements as installation of any wood burning device air pollution. Earthjustice argued that
they apply to registered devices. In in new development, except where SJVUAPCD’s well-funded financial
particular, Earthjustice noted that there is no existing infrastructure for incentives program is sufficient to
SCAQMD and BAAQMD ban the use of natural gas within 150 feet of the motivate a switch to registered wood
all wood burning devices when the property line or those 3,000 feet above burning devices and allowing these
forecasted PM2.5 concentration exceeds sea level.7 In addition, the commenter devices to burn additional days is an
30 mg/m3 and 35 mg/m3, respectively. stated that ‘‘BAAQMD recently became unnecessary additional incentive.
SMAQMD limits burning using a tiered the first air district in the nation to ban Further, Earthjustice suggested, if the
system, banning the use of registered the installation of wood burning devices District offers an additional ‘‘incentive
devices when the forecasted PM2.5 in any new development.’’ of fewer no burn days, the limit for
concentration exceeds 35 mg/m3. As a Response #3: Rule 4901, Paragraph registered devices should be 30 mg/m3,
result, Earthjustice argued that ‘‘[t]he 5.3 limits the number of wood burning not 65 mg/m3.’’
changes to rule 4901 do not meet the devices that can be installed in new Response #4: The survey conducted
residential developments. In residential for SJVUAPCD found that 24 percent
reduced the mandatory curtailment PM2.5 forecast developments with a density greater (%) of residents with non-EPA certified
threshold from 30 to 20 mg/m3 for all wood burning than two dwellings per acre, no wood
devices. However, we have not made a finding that wood burning heaters and wood
the SJV failed to attain the 1997 PM2.5 NAAQS by
burning fireplaces are allowed and a burning fireplaces would transition to
the applicable deadline, so the contingency cleaner burning devices if provided a
5 For example, on page 45 of Final Staff Report
provision has not been triggered. Moreover, we
have withdrawn our approval of and disapproved for Amendments to the District’s Residential Wood discount of up to 50% toward the cost
of a new wood burning device and 29%
sradovich on DSK3GMQ082PROD with RULES
the State’s 2013 Contingency Measure Submittal, Burning Program, SJVUAPCD, dated September 18,
which relied, among other things on the 2014, SJVUAPCD explains that 29% of survey of residents stated they would transition
contingency provision in Rule 4901. 81 FR 29498 respondents indicated that they would replace their to cleaner devices if allowed to burn
(May 12, 2016). Accordingly, we believe the current wood burning fireplace or wood burning
appropriate point of comparison for purposes of heater with a cleaner device if allowed to burn more
110(l) is the SIP-approved rule without the often. 8 See Rule 4901 Staff Report, p. 30.
6 See Rule 4901 TSD, page 11. 9 BAAQMD,
contingency measure (i.e., a mandatory curtailment Regulation 6: Particulate Matter and
PM2.5 forecast threshold of 30 mg/m3 for all wood 7 SCAQMD, Rule 445: Wood Burning Devices, Visible Emissions, Rule 3: Wood Burning Devices,
burning devices). Section f(2) (amended 5/3/13). Section 6-3-306 (amended 10/21/15).
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![69396 Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Rules and Regulations
The Congressional Review Act, 5 § 52.220 Identification of plan—in part. (CBI)). To inspect the hard copy
U.S.C. 801 et seq., as added by the Small * * * * * materials, please schedule an
Business Regulatory Enforcement (c) * * * appointment during normal business
Fairness Act of 1996, generally provides (364) * * * hours with the contact listed in the FOR
that before a rule may take effect, the (i) * * * FURTHER INFORMATION CONTACT section.
agency promulgating the rule must (A) * * * FOR FURTHER INFORMATION CONTACT: Rory
submit a rule report, which includes a (4) Previously approved on October Mays, Air Planning Office (AIR–2), EPA
copy of the rule, to each House of the 11, 2009 in paragraph (c)(364)(i)(A)(2) of Region 9, (415) 972–3227, mays.rory@
Congress and to the Comptroller General this section and now deleted with epa.gov.
of the United States. The EPA will replacement in paragraph SUPPLEMENTARY INFORMATION:
submit a report containing this action (c)(457)(i)(H)(1), Rule 4901, ‘‘Wood Throughout this document, ‘‘we,’’ ‘‘us’’
and other required information to the Burning Fireplaces and Wood Burning and ‘‘our’’ refer to the EPA.
U.S. Senate, the U.S. House of Heaters,’’ amended on October 16, 2008.
Representatives, and the Comptroller Table of Contents
* * * * *
General of the United States prior to (457) * * * I. Background
publication of the rule in the Federal (i) * * * II. Final Action on Section 188(e) Extension
Register. A major rule cannot take effect (H) San Joaquin Valley Unified Air Request
until 60 days after it is published in the III. Statutory and Executive Order Reviews
Pollution Control District.
Federal Register. This action is not a (1) Rule 4901, ‘‘Wood Burning I. Background
‘‘major rule’’ as defined by 5 U.S.C. Fireplaces and Wood Burning Heaters,’’
804(2). On February 9, 2016, the EPA
amended on September 18, 2014. proposed to approve, conditionally
Under section 307(b)(1) of the Clean * * * * * approve, and disapprove state
Air Act, petitions for judicial review of [FR Doc. 2016–24081 Filed 10–5–16; 8:45 am] implementation plan (SIP) revisions
this action must be filed in the United BILLING CODE 6560–50–P submitted by California (the ‘‘State’’ or
States Court of Appeals for the California Air Resources Board (CARB))
appropriate circuit by December 5, to address Clean Air Act (CAA or ‘‘Act’’)
2016. Filing a petition for ENVIRONMENTAL PROTECTION requirements for the 1997 24-hour and
reconsideration by the Administrator of AGENCY annual PM2.5 national ambient air
this final rule does not affect the finality quality standards (NAAQS) in the San
of this action for the purposes of judicial 40 CFR Part 52 Joaquin Valley (SJV) Serious PM2.5
review nor does it extend the time [EPA–R09–OAR–2015–0432; FRL–9953–66– nonattainment area.1 The SIP revisions
within which a petition for judicial Region 9] on which we proposed action are the
review may be filed, and shall not ‘‘2015 Plan for the 1997 PM2.5
postpone the effectiveness of such rule Denial of Request for Extension of Standard,’’ which the State submitted
or action. This action may not be Attainment Date for 1997 PM2.5 on June 25, 2015, and the ‘‘2018
challenged later in proceedings to NAAQS; California; San Joaquin Valley Transportation Conformity Budgets for
enforce its requirements (see section Serious Nonattainment Area the San Joaquin Valley PM2.5 SIP, Plan
307(b)(2)). Supplement,’’ submitted on August 13,
AGENCY: Environmental Protection
List of Subjects in 40 CFR Part 52 Agency (EPA). 2015. We refer to these SIP submissions
collectively as the ‘‘2015 PM2.5 Plan’’ or
Environmental protection, Air ACTION: Final rule. ‘‘the Plan.’’ The 2015 PM2.5 Plan is a
pollution control, Incorporation by PM2.5 Serious area attainment plan for
SUMMARY: The Environmental Protection
reference, Intergovernmental relations, the SJV and includes a request to extend
Agency (EPA) is denying a request
Nitrogen dioxide, Ozone, Particulate the applicable attainment date for the
submitted by California for extension of
matter, Reporting and recordkeeping 24-hour and annual PM2.5 standards by
the attainment date for the 1997 24-hour
requirements, Volatile organic three and five years, respectively, on the
and annual fine particulate matter
compounds. basis that attainment by December 31,
(PM2.5) national ambient air quality
Dated: August 15, 2016. standards in the San Joaquin Valley 2015 is impracticable, in accordance
Alexis Strauss, Serious PM2.5 nonattainment area. with CAA section 188(e).
The EPA proposed to approve the
Acting Regional Administrator, Region IX. DATES: This rule is effective on following elements of the Plan as
Part 52, Chapter I, Title 40 of the Code November 7, 2016. satisfying applicable CAA requirements:
of Federal Regulations is amended as ADDRESSES: The EPA has established (1) The 2012 base year emissions
follows: docket number EPA–R09–OAR–2015– inventories; (2) the best available
0432 for this action. Generally, control measures (BACM)/best available
PART 52—APPROVAL AND documents in the docket for this action control technology demonstration; (3)
PROMULGATION OF are available electronically at http:// the attainment demonstration; (4) the
IMPLEMENTATION PLANS www.regulations.gov or in hard copy at reasonable further progress
EPA Region IX, 75 Hawthorne Street, demonstration; (5) the State’s
■ 1. The authority citation for Part 52 San Francisco, California 94105–3901. application for an extension of the
continues to read as follows: While all documents in the docket are Serious area attainment date to
sradovich on DSK3GMQ082PROD with RULES
Authority: 42 U.S.C. 7401 et seq. listed at http://www.regulations.gov, December 31, 2018 for the 1997 24-hour
some information may be publicly PM2.5 NAAQS and to December 31, 2020
Subpart F—California available only at the hard copy location for the 1997 annual PM2.5 NAAQS; (6)
(e.g., copyrighted material, large maps, the San Joaquin Valley Unified Air
■ 2. Section 52.220 is amended by multi-volume reports), and some may Pollution Control District (the ‘‘District’’
adding paragraphs (c)(364)(i)(A)(4) and not be available in either location (e.g.,
(c)(457)(i)(H) to read as follows: confidential business information 1 81 FR 6936 (February 9, 2016).
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Document Created: 2016-10-06 02:37:45
Document Modified: 2016-10-06 02:37:45
| 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 | Final rule. | |
| Dates | This rule will be effective on November 7, 2016. | |
| Contact | Rynda Kay, EPA Region IX, (415) 947- 4118, [email protected] | |
| FR Citation | 81 FR 69393 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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