Rule2022-12387
Air Plan Approval; California; San Joaquin Valley Unified Air Pollution Control District; Open Burning
Primary source
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Published
June 16, 2022
Effective
July 18, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or the "District") portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NO<INF>X</INF>) and particulate matter (PM) from agricultural open burning. We are approving additional local restrictions on such burning under the Clean Air Act (CAA or the Act).
Full Text
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<title>Federal Register, Volume 87 Issue 116 (Thursday, June 16, 2022)</title>
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[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Rules and Regulations]
[Pages 36222-36224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12387]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0799; FRL-9246-02-R9]
Air Plan Approval; California; San Joaquin Valley Unified Air
Pollution Control District; Open Burning
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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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 or the ``District'') portion of
the California State Implementation Plan (SIP). This revision concerns
emissions of oxides of nitrogen (NO<INF>X</INF>) and particulate matter
(PM) from agricultural open burning. We are approving additional local
restrictions on such burning under the Clean Air Act (CAA or the Act).
DATES: This rule is effective July 18, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0799. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 or by
email at <a href="/cdn-cgi/l/email-protection#b2d5dddcd59cd9d7c4dbdcf2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="88efe7e6efa6e3edfee1e6c8edf8e9a6efe7fe">[email protected]</span></a>.
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 November 29, 2021, CARB submitted a document entitled ``Proposed
District Rule 4103 (Open Burning) Technical Submittal for Receiving SIP
Credit for Reductions in Agricultural Burning,'' dated November 18,
2021 (the ``2021 Technical Submittal''), to the EPA for inclusion in
the California SIP. The 2021 Technical Submittal includes a document
called the ``Supplemental Report and Recommendations on Agricultural
Burning'' (``2021 Supplemental Report''). Table 2-1 of the 2021
Supplemental Report, ``Accelerated Reductions by Crop Category''
includes an updated schedule of prohibitions (``2021 Schedule''). On
December 23, 2021 (86 FR 72906), the EPA proposed to approve the 2021
Schedule and the following additional materials supporting the 2021
Schedule: Resolution 21-06-12 by the SJVUAPCD Governing Board dated
June 17, 2021, Resolution 21-4 by the California Air Resources Board
(CARB) dated February 25, 2021, and a letter from the CARB Executive
Officer to the SJVUAPCD dated June 18, 2021.
We proposed to approve this SIP revision because we determined that
it complied with the relevant CAA requirements. Our proposed action
contains more information on the SIP revision and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received two comments. The first comment was
from a member of the public concerning the use of open burning to
process dead and dying trees for methane reduction and to generate
renewable energy. This comment appears to concern biomass plants, which
are not regulated under SJVUAPCD Rule 4103. Furthermore, aside from
orchard waste, wood waste resulting from dead and dying trees is not
subject to the requirements of SJVUAPCD Rule 4103. As such, we do not
consider this comment to be relevant to our rulemaking.
The second comment was from the SJVUAPCD concerning the EPA's
statement in our technical support document to the proposed rule, where
we discussed a prospective rule effectiveness (RE) value of 80% for use
in calculations for expected emission reductions for this SIP revision.
This comment is not relevant to the approvability of the Technical
Submittal, as we are not making any final determinations of creditable
RE for the 2021 agricultural burning prohibition SIP revision in this
rulemaking. Therefore, we intend to address this comment in the context
of any future action(s) that rely on emissions reductions associated
with this measure.
III. EPA Action
No comments were submitted that change our assessment of the SIP
revision as described in our proposed action. Therefore, as authorized
in section 110(k)(3) of the Act, the EPA is fully approving the
following materials from the 2021 Technical Submittal into the SIP:
Table 2-1 ``Accelerated Reductions by Crop Category'' of the
``Supplemental Report and Recommendations on Agricultural Burning'' and
Resolution 21-06-12, which were adopted by the SJVUAPCD Board on June
17, 2021; Resolution 21-4 ``San Joaquin Valley Agricultural Burning
Assessment'' adopted by CARB on February 25, 2021; and the letter dated
June 18, 2021 from Richard W. Corey, Executive Officer, CARB, to Samir
Sheikh, Executive Director, SJVUAPCD, concurring on the 2021
Supplemental Report.
[[Page 36223]]
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 SIP
revision from the SJVUAPCD described in Section III of this preamble
and set forth below in the amendments to 40 CFR part 52. The SJVUAPCD
provisions being incorporated by reference concern emissions of oxides
of nitrogen (NO<INF>X</INF>) and particulate matter (PM) from
agricultural open burning. The EPA has made, and will continue to make,
these documents available through <a href="http://www.regulations.gov">www.regulations.gov</a> 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).
V. Statutory and Executive Order Reviews
Under the CAA, 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 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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).
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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 15, 2022. 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, Ozone, Particulate matter,
Reporting and recordkeeping requirements.
Dated: June 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends Part 52, chapter I, title 40 of the Code of
Federal Regulations 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)(388)(i)(B)(9),
(10) and (11) and and (c)(572) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(388) * * *
(i) * * *
(B) * * *
(9) Previously approved on January 4, 2012, in paragraph
(c)(338)(i)(B)(3) of this section and now deleted with replacement in
paragraph (c)(572)(i)(A)(1) of this section, Table 9-1, Revised
Proposed Staff Report and Recommendations on Agricultural Burning,
approved on May 20, 2010.
(10) Previously approved on January 4, 2012, in paragraph
(c)(338)(i)(B)(4) of this section and now deleted with replacement in
paragraph (c)(572)(i)(A)(2) of this section, San Joaquin Valley Air
Pollution Control District, Resolution No. 10-05-22, adopted on May 20,
2010.
(11) Previously approved on January 4, 2012, in paragraph
(c)(338)(i)(B)(5) of this section and now deleted with replacement in
paragraphs (c)(572)(i)(B)(1) and (2) of this section, California Air
Resources Board, Resolution 10-24, adopted on May 27, 2010.
* * * * *
(572) Amended enforceable requirements for the following APCD were
submitted on November 29, 2021, by the Governor's designee as an
attachment to a letter dated November 24, 2021.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Table 2-1, ``Accelerated Reductions by Crop Category'' of the
[[Page 36224]]
Supplemental Report and Recommendations on Agricultural Burning,
adopted on June 17, 2021.
(2) San Joaquin Valley Unified Air Pollution Control District
Governing Board Resolution 21-06-12 ``Approve Supplemental Report and
Recommendations on Agricultural Burning,'' adopted June 17, 2021.
(B) California Air Resources Board.
(1) Resolution 21-4 ``San Joaquin Valley Agricultural Burning
Assessment,'' adopted on February 25, 2021.
(2) Letter dated June 18, 2021, from Richard W. Corey, Executive
Officer, CARB, to Samir Sheikh, Executive Director, SJVUAPCD,
concurring on the SJVUAPCD Supplemental Report and Recommendations on
Agricultural Burning, approved June 17, 2021.
(ii) [Reserved]
[FR Doc. 2022-12387 Filed 6-15-22; 8:45 am]
BILLING CODE 6560-50-P
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