82_FR_61450 82 FR 61203 - Approval of California Air Plan Revisions, Northern Sierra Air Quality Management District

82 FR 61203 - Approval of California Air Plan Revisions, Northern Sierra Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61203-61205
FR Document2017-27950

The Environmental Protection Agency (EPA) is proposing to approve a revision to the Northern Sierra Air Quality Management District (NSAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of particulate matter (PM) from wood burning devices. We are proposing to approve a local measure to reduce emissions from 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.

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Proposed Rules]
[Pages 61203-61205]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27950]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0737; FRL-9972-57-Region 9]


Approval of California Air Plan Revisions, Northern Sierra 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 
approve a revision to the Northern Sierra Air Quality Management 
District (NSAQMD) portion of the California State Implementation Plan 
(SIP). This revision concerns emissions of particulate matter (PM) from 
wood burning devices. We are proposing to approve a local measure to 
reduce emissions from 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.

DATES: Any comments must arrive by January 26, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0737 at http://www.regulations.gov, or via email to Doris Lo, 
at [email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be removed or edited from Regulations.gov. For either 
manner of submission, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

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. The State's Submittal
    A. What measure did the State submit?
    B. Are there other versions of this measure?
    C. What is the purpose of the submitted measure?
II. The EPA's Evaluation and Proposed Action
    A. How is the EPA evaluating the measure?
    B. Does the measure meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What measure did the State submit?

    Table 1 lists the measure 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 1--Submitted Measure
----------------------------------------------------------------------------------------------------------------
           Local agency              Resolution No.        Measure title            Adopted         Submitted
----------------------------------------------------------------------------------------------------------------
NSAQMD............................         2017-01   Northern Sierra Air              01/23/17         02/28/17
                                                      Quality Management
                                                      District Resolution
                                                      #2017-01.
----------------------------------------------------------------------------------------------------------------

    On August 28, 2017, the submittal for the NSAQMD measure 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 measure?

    There are no previous versions of the NSAQMD measure in the SIP.

C. What is the purpose of the submitted measure?

    Particulate matter, including PM with diameters that are generally 
2.5 microns or smaller (PM2.5) and PM with diameters that 
are generally 10 microns or smaller (PM10), contributes to 
effects that are harmful to human health and

[[Page 61204]]

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.
    On January 15, 2013, the EPA revised the National Ambient Air 
Quality Standards (NAAQS) for PM2.5 to provide increased 
protection of public health by lowering the level of the annual 
standards from 15 to 12 micrograms per cubic meter ([micro]g/m\3\) (40 
CFR 50.18). Effective April 15, 2015, the EPA designated and classified 
the Plumas County nonattainment area (NAA) as moderate nonattainment 
for the 2012 PM2.5 NAAQS (40 CFR 81.305; 80 FR 2206, 2218). 
CARB submitted the NSAQMD measure on February 28, 2017, as part of an 
attainment plan to address nonattainment area SIP requirements for the 
2012 PM2.5 NAAQS in the Plumas County NAA.
    The submitted measure is an enforceable commitment by the NSAQMD to 
implement a woodstove change-out incentive program during the 2016-2022 
timeframe in accordance with specific program requirements that are 
designed to achieve quantifiable, surplus, enforceable, and permanent 
PM2.5 emission reductions in the Plumas County NAA. The 
program requirements ensure, among other things, that older, dirtier 
wood stoves currently in operation in the Plumas County NAA will be 
replaced with EPA-certified wood stoves or other less-polluting 
devices. The woodstove change-out program is funded by the EPA's 2015 
Targeted Air Shed Grant Program, the NSAQMD, and other agencies and is 
the primary control strategy in California's attainment plan for the 
2012 PM2.5 NAAQS in the Plumas County NAA.
    The enforceable commitment obligates the NSAQMD to achieve specific 
amounts of PM2.5 emission reductions through implementation 
of the woodstove change-out program by specific years, to submit annual 
reports to the EPA detailing its implementation of the program and the 
projected emission reductions, and to adopt and submit substitute 
measures by specific dates if the EPA determines that the woodstove 
change-out program will not achieve the necessary emission reductions. 
The EPA's technical support document (TSD) has more information about 
this measure.
    We intend to evaluate California's PM2.5 attainment plan 
for the Plumas County NAA as a whole through a subsequent notice-and-
comment rulemaking action.

II. The EPA's Evaluation and Proposed Action

A. How is the EPA evaluating the measure?

    Generally, SIP control measures must be enforceable (see CAA 
section 110(a)(2)), must not interfere with applicable requirements 
concerning attainment and reasonable further progress or other CAA 
requirements (see CAA section 110(l)), and must not modify certain SIP 
control requirements in nonattainment areas without ensuring equivalent 
or greater emissions reductions (see CAA section 193).
    The CAA explicitly provides for the use of economic incentive 
programs (EIPs) as one tool for states to use to achieve attainment of 
the NAAQS (see, e.g., CAA sections 110(a)(2)(A), 172(c)(6), and 
183(e)(4)). EIPs use market-based strategies to encourage the reduction 
of emissions from stationary, area, and mobile sources in an efficient 
manner. EPA has promulgated regulations for statutory EIPs required 
under section 182(g) of the Act and has issued guidance for 
discretionary EIPs (see 59 FR 16690 (April 7, 1994), codified at 40 CFR 
part 51, subpart U and U.S. EPA, ``Improving Air Quality with Economic 
Incentive Programs,'' January 2001 (``2001 EIP Guidance'')).\1\
---------------------------------------------------------------------------

    \1\ A ``discretionary economic incentive program'' is ``any EIP 
submitted to the EPA as an implementation plan revision for purposes 
other than to comply with the statutory requirements of sections 
182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of the Act.'' 40 CFR 
51.491.
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    EPA's guidance documents addressing EIPs and other nontraditional 
programs provide for some flexibility in meeting established SIP 
requirements for enforceability and quantification of emission 
reductions, provided the State takes clear responsibility for ensuring 
that the emission reductions necessary to meet applicable CAA 
requirements are achieved. Accordingly, EPA has consistently stated 
that nontraditional emission reduction measures submitted to satisfy 
SIP requirements under the Act must be accompanied by appropriate 
``enforceable commitments'' from the State to monitor emission 
reductions achieved and to rectify shortfalls in a timely manner (see, 
e.g., U.S. EPA, ``Incorporating Emerging and Voluntary Measures in a 
State Implementation Plan (SIP),'' September 2004 (``2004 Emerging and 
Voluntary Measures Guidance'') at pages 8-12 and U.S. EPA, ``Guidance 
for Quantifying and Using Emission Reductions from Voluntary Woodstove 
Changeout Programs in State Implementation Plans,'' January 2006 
(``2006 Woodstove Guidance'') at page 7). The EPA has also consistently 
stated that, where a State intends to rely on a nontraditional program 
to satisfy CAA requirements, the State must demonstrate that the 
program achieves emission reductions that are quantifiable, surplus, 
enforceable, and permanent (see, e.g., 2001 EIP Guidance at Section 4.1 
and 2006 Woodstove Guidance at 3-4).
    Guidance documents that we use to evaluate discretionary EIPs and 
other nontraditional emission reduction programs include the following:
     ``Improving Air Quality with Economic Incentive Programs'' 
January 2001 (EPA-452/R-01-001) (``2001 EIP Guidance'').
     ``Incorporating Emerging and Voluntary Measure in a State 
Implementation Plan (SIP),'' Stephen D. Page, OAQPS, October 4, 2004 
(``2004 Emerging and Voluntary Measures Guidance'').
     ``Guidance on Incorporating Bundled Measures in a State 
Implementation Plan,'' Stephen D. Page, OAQPS, and Margo Oge, OTAQ, 
August 16, 2005 (``2005 Bundled Measures Guidance'').
     ``Guidance for Quantifying and Using Emission Reductions 
from Voluntary Woodstove Changeout Programs in State Implementation 
Plans,'' January 2006 (EPA-456/B-06-001) (``2006 Woodstove Guidance'').

B. Does the measure meet the evaluation criteria?

    The submitted commitment contains clear, nondiscretionary and 
mandatory obligations that are enforceable against the NSAQMD and 
ensure that information about the emission reductions achieved through 
the woodstove change-out program will be readily available to the 
public through the NSAQMD's submission of annual reports to the EPA. 
Our approval of this commitment would make these obligations 
enforceable by the EPA and by citizens under the CAA. The commitment 
obligates the District to implement a new program that achieves 
quantifiable, surplus, permanent, and enforceable PM2.5 
emission reductions and does not alter any existing SIP requirements. 
Our approval of the commitment into the SIP would strengthen the SIP 
and would not interfere with applicable requirements concerning 
attainment and reasonable further progress or other CAA requirements, 
consistent with the requirements of CAA section 110(l). Section 193 of 
the CAA does not apply

[[Page 61205]]

to this action because this measure does not modify any SIP control 
requirement that was in effect before November 15, 1990.
    We are proposing to find that the submitted measure satisfies CAA 
requirements for enforceability, SIP revisions, and nontraditional 
emission reduction programs as interpreted in EPA guidance documents. 
The TSD contains more information on our evaluation of this measure.

C. Public Comment and Proposed Action

    The EPA proposes to fully approve the submitted measure under CAA 
section 110(k)(3) based on a conclusion that the measure satisfies all 
applicable requirements. We will accept comments from the public on 
this proposal until January 26, 2018. If we take final action to 
approve the submitted measure, our final action will incorporate this 
measure into the federally enforceable SIP.

III. Incorporation by Reference

    In this action, 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 the NSAQMD measure described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials available 
through www.regulations.gov 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:
     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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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, 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: December 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-27950 Filed 12-26-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules                                               61203

                                                   • does not have federalism                              Dated: December 12, 2017.                           information you consider to be
                                                 implications as specified in Executive                  Cosmo Servidio,                                       Confidential Business Information (CBI)
                                                 Order 13132 (64 FR 43255, August 10,                    Regional Administrator, Region III.                   or other information whose disclosure is
                                                 1999);                                                  [FR Doc. 2017–27522 Filed 12–26–17; 8:45 am]          restricted by statute. Multimedia
                                                   • is not an economically significant                  BILLING CODE 6560–50–P                                submissions (audio, video, etc.) must be
                                                 regulatory action based on health or                                                                          accompanied by a written comment.
                                                 safety risks subject to Executive Order                                                                       The written comment is considered the
                                                 13045 (62 FR 19885, April 23, 1997);                    ENVIRONMENTAL PROTECTION                              official comment and should include
                                                                                                         AGENCY                                                discussion of all points you wish to
                                                   • is not a significant regulatory action                                                                    make. The EPA will generally not
                                                 subject to Executive Order 13211 (66 FR                 40 CFR Part 52                                        consider comments or comment
                                                 28355, May 22, 2001);                                                                                         contents located outside of the primary
                                                                                                         [EPA–R09–OAR–2017–0737; FRL–9972–57–
                                                   • is not subject to requirements of                   Region 9]                                             submission (i.e., on the web, cloud, or
                                                 Section 12(d) of the National                                                                                 other file sharing system). For
                                                 Technology Transfer and Advancement                     Approval of California Air Plan                       additional submission methods, please
                                                 Act of 1995 (15 U.S.C. 272 note) because                Revisions, Northern Sierra Air Quality                contact the person identified in the FOR
                                                 application of those requirements would                 Management District                                   FURTHER INFORMATION CONTACT section.
                                                 be inconsistent with the CAA; and                                                                             For the full EPA public comment policy,
                                                                                                         AGENCY:  Environmental Protection
                                                   • does not provide EPA with the                                                                             information about CBI or multimedia
                                                                                                         Agency (EPA).
                                                 discretionary authority to address, as                                                                        submissions, and general guidance on
                                                                                                         ACTION: Proposed rule.                                making effective comments, please visit
                                                 appropriate, disproportionate human
                                                 health or environmental effects, using                  SUMMARY:   The Environmental Protection               http://www2.epa.gov/dockets/
                                                 practicable and legally permissible                     Agency (EPA) is proposing to approve a                commenting-epa-dockets.
                                                 methods, under Executive Order 12898                    revision to the Northern Sierra Air                   FOR FURTHER INFORMATION CONTACT:
                                                 (59 FR 7629, February 16, 1994).                        Quality Management District                           Rynda Kay, EPA Region IX, (415) 947–
                                                                                                         (NSAQMD) portion of the California                    4118, kay.rynda@epa.gov.
                                                   This action amending the definition
                                                                                                         State Implementation Plan (SIP). This                 SUPPLEMENTARY INFORMATION:
                                                 of VOC in the Virginia SIP to conform
                                                                                                         revision concerns emissions of                        Throughout this document, ‘‘we,’’ ‘‘us’’
                                                 with the regulatory definition of VOC in
                                                                                                         particulate matter (PM) from wood                     and ‘‘our’’ refer to the EPA.
                                                 40 CFR 51.100(s) is not approved to
                                                                                                         burning devices. We are proposing to
                                                 apply on any Indian reservation land as                                                                       Table of Contents
                                                                                                         approve a local measure to reduce
                                                 defined in 18 U.S.C. 1151 or in any                     emissions from these emission sources                 I. The State’s Submittal
                                                 other area where EPA or an Indian tribe                 under the Clean Air Act (CAA or the                      A. What measure did the State submit?
                                                 has demonstrated that a tribe has                       Act). We are taking comments on this                     B. Are there other versions of this measure?
                                                 jurisdiction. In those areas of Indian                  proposal and plan to follow with a final                 C. What is the purpose of the submitted
                                                 country, the rule does not have tribal                  action.                                                     measure?
                                                 implications and will not impose                                                                              II. The EPA’s Evaluation and Proposed
                                                                                                         DATES: Any comments must arrive by                          Action
                                                 substantial direct costs on tribal
                                                 governments or preempt tribal law as                    January 26, 2018.                                        A. How is the EPA evaluating the measure?
                                                 specified by Executive Order 13175 (65                  ADDRESSES: Submit your comments,                         B. Does the measure meet the evaluation
                                                                                                         identified by Docket ID No. EPA–R09–                        criteria?
                                                 FR 67249, November 9, 2000).
                                                                                                         OAR–2017–0737 at http://                                 C. Public Comment and Proposed Action
                                                 List of Subjects in 40 CFR Part 52                      www.regulations.gov, or via email to                  III. Incorporation by Reference
                                                                                                         Doris Lo, at lo.doris@epa.gov. For                    IV. Statutory and Executive Order Reviews
                                                   Environmental protection, Air                         comments submitted at Regulations.gov,                I. The State’s Submittal
                                                 pollution control, Carbon monoxide,                     follow the online instructions for
                                                 Incorporation by reference,                             submitting comments. Once submitted,                  A. What measure did the State submit?
                                                 Intergovernmental relations, Ozone,                     comments cannot be removed or edited                    Table 1 lists the measure addressed by
                                                 Reporting and recordkeeping                             from Regulations.gov. For either manner               this proposal with the dates that it was
                                                 requirements, Volatile organic                          of submission, the EPA may publish any                adopted by the local air agency and
                                                 compounds.                                              comment received to its public docket.                submitted by the California Air
                                                    Authority: 42 U.S.C. 7401 et seq.                    Do not submit electronically any                      Resources Board (CARB).
                                                                                                               TABLE 1—SUBMITTED MEASURE
                                                    Local agency        Resolution No.                                        Measure title                                      Adopted         Submitted

                                                 NSAQMD ............       2017–01          Northern Sierra Air Quality Management District Resolution #2017–01 ...              01/23/17         02/28/17



                                                   On August 28, 2017, the submittal for                 B. Are there other versions of this                   C. What is the purpose of the submitted
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 the NSAQMD measure was deemed by                        measure?                                              measure?
                                                 operation of law to meet the
                                                 completeness criteria in 40 CFR part 51                  There are no previous versions of the                  Particulate matter, including PM with
                                                 Appendix V, which must be met before                    NSAQMD measure in the SIP.                            diameters that are generally 2.5 microns
                                                 formal EPA review.                                                                                            or smaller (PM2.5) and PM with
                                                                                                                                                               diameters that are generally 10 microns
                                                                                                                                                               or smaller (PM10), contributes to effects
                                                                                                                                                               that are harmful to human health and


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                                                 61204             Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules

                                                 the environment, including premature                    subsequent notice-and-comment                            Voluntary Woodstove Changeout
                                                 mortality, aggravation of respiratory and               rulemaking action.                                       Programs in State Implementation
                                                 cardiovascular disease, decreased lung                                                                           Plans,’’ January 2006 (‘‘2006 Woodstove
                                                                                                         II. The EPA’s Evaluation and Proposed
                                                 function, visibility impairment, and                                                                             Guidance’’) at page 7). The EPA has also
                                                                                                         Action
                                                 damage to vegetation and ecosystems.                                                                             consistently stated that, where a State
                                                 Section 110(a) of the CAA requires                      A. How is the EPA evaluating the                         intends to rely on a nontraditional
                                                 states to submit regulations that control               measure?                                                 program to satisfy CAA requirements,
                                                 PM emissions.                                              Generally, SIP control measures must                  the State must demonstrate that the
                                                    On January 15, 2013, the EPA revised                 be enforceable (see CAA section                          program achieves emission reductions
                                                 the National Ambient Air Quality                        110(a)(2)), must not interfere with                      that are quantifiable, surplus,
                                                 Standards (NAAQS) for PM2.5 to provide                                                                           enforceable, and permanent (see, e.g.,
                                                                                                         applicable requirements concerning
                                                 increased protection of public health by                                                                         2001 EIP Guidance at Section 4.1 and
                                                                                                         attainment and reasonable further
                                                 lowering the level of the annual                                                                                 2006 Woodstove Guidance at 3–4).
                                                                                                         progress or other CAA requirements (see                    Guidance documents that we use to
                                                 standards from 15 to 12 micrograms per                  CAA section 110(l)), and must not
                                                 cubic meter (mg/m3) (40 CFR 50.18).                                                                              evaluate discretionary EIPs and other
                                                                                                         modify certain SIP control requirements                  nontraditional emission reduction
                                                 Effective April 15, 2015, the EPA                       in nonattainment areas without
                                                 designated and classified the Plumas                                                                             programs include the following:
                                                                                                         ensuring equivalent or greater emissions                   • ‘‘Improving Air Quality with
                                                 County nonattainment area (NAA) as                      reductions (see CAA section 193).
                                                 moderate nonattainment for the 2012                                                                              Economic Incentive Programs’’ January
                                                                                                            The CAA explicitly provides for the                   2001 (EPA–452/R–01–001) (‘‘2001 EIP
                                                 PM2.5 NAAQS (40 CFR 81.305; 80 FR                       use of economic incentive programs
                                                 2206, 2218). CARB submitted the                                                                                  Guidance’’).
                                                                                                         (EIPs) as one tool for states to use to                    • ‘‘Incorporating Emerging and
                                                 NSAQMD measure on February 28,                          achieve attainment of the NAAQS (see,                    Voluntary Measure in a State
                                                 2017, as part of an attainment plan to                  e.g., CAA sections 110(a)(2)(A),                         Implementation Plan (SIP),’’ Stephen D.
                                                 address nonattainment area SIP                          172(c)(6), and 183(e)(4)). EIPs use                      Page, OAQPS, October 4, 2004 (‘‘2004
                                                 requirements for the 2012 PM2.5 NAAQS                   market-based strategies to encourage the                 Emerging and Voluntary Measures
                                                 in the Plumas County NAA.                               reduction of emissions from stationary,                  Guidance’’).
                                                    The submitted measure is an                          area, and mobile sources in an efficient                   • ‘‘Guidance on Incorporating
                                                 enforceable commitment by the                           manner. EPA has promulgated                              Bundled Measures in a State
                                                 NSAQMD to implement a woodstove                         regulations for statutory EIPs required                  Implementation Plan,’’ Stephen D. Page,
                                                 change-out incentive program during                     under section 182(g) of the Act and has                  OAQPS, and Margo Oge, OTAQ, August
                                                 the 2016–2022 timeframe in accordance                   issued guidance for discretionary EIPs                   16, 2005 (‘‘2005 Bundled Measures
                                                 with specific program requirements that                 (see 59 FR 16690 (April 7, 1994),                        Guidance’’).
                                                 are designed to achieve quantifiable,                   codified at 40 CFR part 51, subpart U                      • ‘‘Guidance for Quantifying and
                                                 surplus, enforceable, and permanent                     and U.S. EPA, ‘‘Improving Air Quality                    Using Emission Reductions from
                                                 PM2.5 emission reductions in the Plumas                 with Economic Incentive Programs,’’                      Voluntary Woodstove Changeout
                                                 County NAA. The program                                 January 2001 (‘‘2001 EIP Guidance’’)).1                  Programs in State Implementation
                                                 requirements ensure, among other                           EPA’s guidance documents                              Plans,’’ January 2006 (EPA–456/B–06–
                                                 things, that older, dirtier wood stoves                 addressing EIPs and other                                001) (‘‘2006 Woodstove Guidance’’).
                                                 currently in operation in the Plumas                    nontraditional programs provide for
                                                 County NAA will be replaced with EPA-                   some flexibility in meeting established                  B. Does the measure meet the evaluation
                                                 certified wood stoves or other less-                    SIP requirements for enforceability and                  criteria?
                                                 polluting devices. The woodstove                        quantification of emission reductions,                      The submitted commitment contains
                                                 change-out program is funded by the                     provided the State takes clear                           clear, nondiscretionary and mandatory
                                                 EPA’s 2015 Targeted Air Shed Grant                      responsibility for ensuring that the                     obligations that are enforceable against
                                                 Program, the NSAQMD, and other                          emission reductions necessary to meet                    the NSAQMD and ensure that
                                                 agencies and is the primary control                     applicable CAA requirements are                          information about the emission
                                                 strategy in California’s attainment plan                achieved. Accordingly, EPA has                           reductions achieved through the
                                                 for the 2012 PM2.5 NAAQS in the                         consistently stated that nontraditional                  woodstove change-out program will be
                                                 Plumas County NAA.                                      emission reduction measures submitted                    readily available to the public through
                                                    The enforceable commitment                           to satisfy SIP requirements under the                    the NSAQMD’s submission of annual
                                                 obligates the NSAQMD to achieve                         Act must be accompanied by                               reports to the EPA. Our approval of this
                                                 specific amounts of PM2.5 emission                      appropriate ‘‘enforceable commitments’’                  commitment would make these
                                                 reductions through implementation of                    from the State to monitor emission                       obligations enforceable by the EPA and
                                                 the woodstove change-out program by                     reductions achieved and to rectify                       by citizens under the CAA. The
                                                 specific years, to submit annual reports                shortfalls in a timely manner (see, e.g.,                commitment obligates the District to
                                                 to the EPA detailing its implementation                 U.S. EPA, ‘‘Incorporating Emerging and                   implement a new program that achieves
                                                 of the program and the projected                        Voluntary Measures in a State                            quantifiable, surplus, permanent, and
                                                 emission reductions, and to adopt and                   Implementation Plan (SIP),’’ September                   enforceable PM2.5 emission reductions
                                                 submit substitute measures by specific                  2004 (‘‘2004 Emerging and Voluntary                      and does not alter any existing SIP
                                                 dates if the EPA determines that the                    Measures Guidance’’) at pages 8–12 and                   requirements. Our approval of the
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 woodstove change-out program will not                   U.S. EPA, ‘‘Guidance for Quantifying                     commitment into the SIP would
                                                 achieve the necessary emission                          and Using Emission Reductions from                       strengthen the SIP and would not
                                                 reductions. The EPA’s technical support                                                                          interfere with applicable requirements
                                                 document (TSD) has more information                        1 A ‘‘discretionary economic incentive program’’      concerning attainment and reasonable
                                                 about this measure.                                     is ‘‘any EIP submitted to the EPA as an                  further progress or other CAA
                                                                                                         implementation plan revision for purposes other
                                                    We intend to evaluate California’s                   than to comply with the statutory requirements of
                                                                                                                                                                  requirements, consistent with the
                                                 PM2.5 attainment plan for the Plumas                    sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of   requirements of CAA section 110(l).
                                                 County NAA as a whole through a                         the Act.’’ 40 CFR 51.491.                                Section 193 of the CAA does not apply


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                                                                   Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules                                            61205

                                                 to this action because this measure does                action because SIP approvals are                      ENVIRONMENTAL PROTECTION
                                                 not modify any SIP control requirement                  exempted under Executive Order 12866;                 AGENCY
                                                 that was in effect before November 15,                     • Does not impose an information
                                                 1990.                                                   collection burden under the provisions                40 CFR Part 80
                                                   We are proposing to find that the                     of the Paperwork Reduction Act (44                    [EPA–HQ–OAR–2017–0655; FRL–9972–59–
                                                 submitted measure satisfies CAA                         U.S.C. 3501 et seq.);                                 OAR]
                                                 requirements for enforceability, SIP
                                                                                                            • Is certified as not having a                     RIN 2060–AT82
                                                 revisions, and nontraditional emission
                                                                                                         significant economic impact on a
                                                 reduction programs as interpreted in
                                                                                                         substantial number of small entities                  Proposed Rule; Renewable Fuel
                                                 EPA guidance documents. The TSD
                                                                                                         under the Regulatory Flexibility Act (5               Standard Program; Grain Sorghum Oil
                                                 contains more information on our
                                                                                                         U.S.C. 601 et seq.);                                  Pathway
                                                 evaluation of this measure.
                                                                                                            • Does not contain any unfunded                    AGENCY:  Environmental Protection
                                                 C. Public Comment and Proposed                          mandate or significantly or uniquely
                                                 Action                                                                                                        Agency (EPA).
                                                                                                         affect small governments, as described
                                                                                                                                                               ACTION: Proposed rule.
                                                    The EPA proposes to fully approve                    in the Unfunded Mandates Reform Act
                                                 the submitted measure under CAA                         of 1995 (Pub. L. 104–4);                              SUMMARY:    In this proposed rule, the
                                                 section 110(k)(3) based on a conclusion                    • Does not have Federalism                         Environmental Protection Agency (EPA)
                                                 that the measure satisfies all applicable               implications as specified in Executive                is providing an opportunity to comment
                                                 requirements. We will accept comments                   Order 13132 (64 FR 43255, August 10,                  on an analysis of the lifecycle
                                                 from the public on this proposal until                  1999);                                                greenhouse gas (GHG) emissions
                                                 January 26, 2018. If we take final action                  • Is not an economically significant               associated with certain biofuels that are
                                                 to approve the submitted measure, our                   regulatory action based on health or                  produced from grain sorghum oil
                                                 final action will incorporate this                      safety risks subject to Executive Order               extracted at dry mill ethanol plants at
                                                 measure into the federally enforceable                  13045 (62 FR 19885, April 23, 1997);                  any point downstream from sorghum
                                                 SIP.                                                                                                          grinding, also known as distiller
                                                                                                            • Is not a significant regulatory action
                                                 III. Incorporation by Reference                         subject to Executive Order 13211 (66 FR               sorghum oil. EPA seeks comment on its
                                                                                                         28355, May 22, 2001);                                 proposed assessment that using
                                                    In this action, the EPA is proposing to                                                                    distillers sorghum oil as feedstock
                                                 include in a final EPA rule regulatory                     • Is not subject to requirements of                results in no significant agricultural
                                                 text that includes incorporation by                     Section 12(d) of the National                         sector GHG emissions; and that
                                                 reference. In accordance with                           Technology Transfer and Advancement                   biodiesel and heating oil produced from
                                                 requirements of 1 CFR 51.5, the EPA is                  Act of 1995 (15 U.S.C. 272 note) because              distillers sorghum oil via a
                                                 proposing to incorporate by reference                   application of those requirements would               transesterification process, and
                                                 the NSAQMD measure described in                         be inconsistent with the Clean Air Act;               renewable diesel, jet fuel, heating oil,
                                                 Table 1 of this preamble. The EPA has                   and                                                   naphtha, and liquefied petroleum gas
                                                 made, and will continue to make, these                     • Does not provide the EPA with the                (LPG) produced from distillers sorghum
                                                 materials available through                             discretionary authority to address                    oil via a hydrotreating process, would
                                                 www.regulations.gov and at the EPA                      disproportionate human health or                      meet the lifecycle GHG emissions
                                                 Region IX Office (please contact the                    environmental effects with practical,                 reduction threshold of 50 percent
                                                 person identified in the FOR FURTHER                    appropriate, and legally permissible                  required for advanced biofuels, and
                                                 INFORMATION CONTACT section of this                     methods under Executive Order 12898                   biomass-based diesel under the
                                                 preamble for more information).                         (59 FR 7629, February 16, 1994).                      Renewable Fuel Standard program.
                                                 IV. Statutory and Executive Order                       In addition, the SIP is not approved to               Based on these analyses, EPA is
                                                 Reviews                                                 apply on any Indian reservation land or               proposing to amend the RFS program
                                                                                                         in any other area where the EPA or an                 regulations to define the term ‘‘distillers
                                                   Under the Clean Air Act, the
                                                                                                         Indian tribe has demonstrated that a                  sorghum oil’’. We also propose to add to
                                                 Administrator is required to approve a
                                                                                                         tribe has jurisdiction. In those areas of             the regulations approved pathways from
                                                 SIP submission that complies with the
                                                                                                         Indian country, the rule does not have                the production of biodiesel and heating
                                                 provisions of the Act and applicable
                                                                                                         tribal implications and will not impose               oil from distillers sorghum oil via a
                                                 federal regulations. 42 U.S.C. 7410(k);
                                                                                                         substantial direct costs on tribal                    transesterification process, and
                                                 40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                         governments or preempt tribal law as                  renewable diesel, jet fuel, heating oil,
                                                 submissions, the EPA’s role is to
                                                                                                         specified by Executive Order 13175 (65                naphtha, and liquefied petroleum gas
                                                 approve state choices, provided that
                                                                                                         FR 67249, November 9, 2000).                          (LPG) produced from distillers sorghum
                                                 they meet the criteria of the Clean Air
                                                                                                                                                               oil via a hydrotreating process.
                                                 Act. Accordingly, this proposed action                  List of Subjects in 40 CFR Part 52
                                                 merely proposes to approve state law as                                                                       DATES: Comments must be received on
                                                 meeting federal requirements and does                     Environmental protection, Air                       or before January 26, 2018.
                                                 not impose additional requirements                      pollution control, Incorporation by                   ADDRESSES: Submit your comments,
                                                 beyond those imposed by state law. For                  reference, Intergovernmental relations,               identified by Docket ID No. EPA–HQ–
                                                 that reason, this proposed action:                      Particulate matter, Reporting and                     OAR–2017–0655, at http://
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                   • Is not a ‘‘significant regulatory                   recordkeeping requirements.                           www.regulations.gov. Follow the online
                                                 action’’ subject to review by the Office                  Authority: 42 U.S.C. 7401 et seq.                   instructions for submitting comments.
                                                 of Management and Budget under                                                                                Once submitted, comments cannot be
                                                                                                           Dated: December 14, 2017.                           edited or withdrawn from
                                                 Executive Orders 12866 (58 FR 51735,
                                                 October 4, 1993) and 13563 (76 FR 3821,                 Deborah Jordan,                                       Regulations.gov. The EPA may publish
                                                 January 21, 2011);                                      Acting Regional Administrator, Region IX.             any comment received to its public
                                                   • Is not an Executive Order 13771 (82                 [FR Doc. 2017–27950 Filed 12–26–17; 8:45 am]          docket. Do not submit electronically any
                                                 FR 9339, February 2, 2017) regulatory                   BILLING CODE 6560–50–P                                information you consider to be


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Document Created: 2017-12-27 02:22:40
Document Modified: 2017-12-27 02:22:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments must arrive by January 26, 2018.
ContactRynda Kay, EPA Region IX, (415) 947- 4118, [email protected]
FR Citation82 FR 61203 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Reporting and Recordkeeping Requirements

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