[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Proposed Rules]
[Pages 30485-30487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15145]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2009-0272; FRL-8923-3]
Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District and South Coast
Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) and South
Coast Air Quality Management District (SCAQMD) portions of the
California State Implementation Plan (SIP). These revisions concern
particulate matter emissions from open burning; wood burning fireplaces
and heaters; and the storage, handling, and transportation of coke,
coal, and sulfur. We are proposing to approve local rules that regulate
these emissions under the Clean Air Act as amended in 1990 (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 July 27, 2009.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0272, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions.
E-mail: [email protected].
Mail or deliver: Andrew Steckel (Air-4), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at http://www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public
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comment. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA recommendations to further improve the rules.
D. Public Comment and Final Action.
III. Statutory and Executive Order Reviews.
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by this proposal with the dates
that the rules were amended by the local air agencies and submitted by
the California Air Resources Board (CARB).
Table 1--Submitted Rules
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Rule
Local agency Rule title Amended Submitted
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SJVUAPCD.................................. 4103 Open Burning..................... 05/17/07 04/06/09
SJVUAPCD.................................. 4901 Wood Burning Fireplaces and Wood 10/16/08 12/23/08
Burning Heaters.
SCAQMD.................................... 1158 Storage, Handling, and Transport 07/11/08 12/23/08
of Coke, Coal and Sulfur.
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On April 20, 2009, the submittal of SJVUAPCD Rule 4901 and SCAQMD
Rule 1158 was determined to meet the completeness criteria in 40 CFR
part 51, appendix V, which must be met before formal EPA review. On May
13, 2009, the submittal of SJVUAPCD Rule 4103 was determined to meet
the completeness criteria.
B. Are there other versions of these rules?
A version of SJVUAPCD Rule 4103 was approved into the SIP on April
11, 2006 (71 FR 18216). A version of SJVUAPCD Rule 4901 was approved
into the SIP on September 30, 2003 (68 FR 56181). A version of SCAQMD
Rule 1158 was approved into the SIP on June 10, 2002 (67 FR 39616).
C. What is the purpose of the submitted rule revisions?
Section 110(a) of the Clean Air Act (CAA) requires states to submit
regulations that control volatile organic compounds, nitrogen oxides,
particulate matter, and other air pollutants which harm human health
and the environment. These rules were developed as part of local air
districts' programs to control these pollutants.
The purpose of SJVUAPCD Rule 4103 is to regulate open burning
activities and minimize smoke impacts on the public. The purpose of
SJVUAPCD Rule 4901 is to limit emissions of carbon monoxide and
particulate matter from wood burning fireplaces, wood burning heaters,
and outdoor wood burning devices. The purpose of SCAQMD Rule 1158 is to
reduce emissions of particulate matter from the storage, handling, and
transport of coke, coal, and sulfur. EPA's technical support documents
(TSDs) have more information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
CAA) and must not relax existing requirements (see sections 110(l) and
193). In addition, SIP rules must implement Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), in moderate PM nonattainment areas, and Best
Available Control Measures (BACM), including Best Available Control
Technology (BACT), in serious PM nonattainment areas (see CAA sections
189(a)(1) and 189(b)(1)). SJVUAPCD regulates a PM-10 maintenance area
so must continue to fulfill the requirements of BACM/BACT. SCAQMD
regulates a serious PM-10 nonattainment area (see 40 CFR part 81), so
SCAQMD Rule 1158 must fulfill the requirements of BACM/BACT.
Guidance and policy documents that we used to help evaluate rules
consistently include the following guidance documents:
1. Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, U.S. EPA, 40 CFR part 51.
2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations, EPA (May 25, 1988). [The Bluebook]
3. Addendum to the General Preamble for the Implementation of Title
I of the Clean Air Act Amendments of 1990, 59 FR 41998 (August 16,
1994).
4. PM-10 Guideline Document (EPA-452/R-93-008).
5. 2007 Ozone Plan, San Joaquin Valley Air Pollution Control
District (April 30, 2007). http://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm.
6. Minimum BACM/RACM Control Measures for Residential Wood
Combustion Rules, EPA Region IX (February 17, 2009).
7. 2008 PM2.5 Plan, San Joaquin Valley Air Pollution Control
District (April 30, 2008). http://www.valleyair.org/air_quality_plans/aq_proposed_pm25_2008.htm.
B. Do the rules meet the evaluation criteria?
We believe that SJVUAPCD Rules 4103 and 4901, and SCAQMD Rule 1158,
are consistent with the relevant policy and guidance regarding
enforceability, BACM/BACT, and SIP relaxations. The TSDs have more
information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSD for SJVUAPCD Rule 4901 describes additional revisions that
do not affect EPA's current action but are recommended for the next
time the local agency modifies the rule.
D. Public Comment and Final Action
Because EPA believes the submitted rules fulfill all relevant
requirements, we are proposing to fully approve them as described in
section 110(k)(3) of the CAA. We will accept comments from
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the public on this proposal for the next 30 days. Unless we receive
convincing new information during the comment period, we intend to
publish a final approval action that will incorporate these rules into
the federally enforceable SIP.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (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 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, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.
Dated: June 8, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-15145 Filed 6-25-09; 8:45 am]
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