Rule2023-26013
Air Plan Revisions; California; San Joaquin Valley Unified Air Pollution Control District
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 28, 2023
Effective
December 28, 2023
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) portion of the California State Implementation Plan (SIP). This revision concerns emissions of particulate matter (PM) from wood burning devices. We are approving a local measure that regulates these emission sources under the Clean Air Act (CAA or the Act).
Full Text
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<title>Federal Register, Volume 88 Issue 227 (Tuesday, November 28, 2023)</title>
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[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83034-83036]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26013]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0076; FRL-10663-02-R9]
Air Plan Revisions; California; San Joaquin Valley Unified Air
Pollution Control District
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) portion of the California State
Implementation Plan (SIP). This revision concerns emissions of
particulate matter (PM) from wood burning devices. We are approving a
local measure that regulates these emission sources under the Clean Air
Act (CAA or the Act).
DATES: This rule is effective December 28, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0076. 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 a
disability 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: Elijah Gordon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3158 or by
email at <a href="/cdn-cgi/l/email-protection#62050d10060d0c4c070e0b08030a220712034c050d14"><span class="__cf_email__" data-cfemail="c3a4acb1a7acadeda6afaaa9a2ab83a6b3a2eda4acb5">[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. Statutory and Executive Order Reviews
I. Proposed Action
On April 14, 2023 (88 FR 22978), the EPA proposed to approve the
following measure into the California SIP.
Table 1--Submitted Measure
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Local agency Resolution No. Measure title Adopted Submitted
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SJVUAPCD....................... 21-11-7 Burn Cleaner Fireplace 11/18/2021 03/17/2022
and Woodstove Change-
out Incentive Measure
(``Burn Cleaner
Incentive Measure'').
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We proposed to approve this measure because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the measure 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 three public comments. The first two
comments fail to identify any issue that is germane to our action on
the measure and are outside the scope of this rulemaking. One of these
comments included offensive content and was therefore not posted to the
public docket. The other comment discusses wildfires and vehicle
emissions. Our response to the third comment from Sheraz Gill, Deputy
Air Pollution Control Officer (APCO) of SJVUAPCD, is below.
Comment: After providing a summary of the measure, the commenter
expresses concerns that, although the measure meets all four integrity
elements necessary for an incentive measure to be fully approvable into
the SIP, the EPA has chosen to not give SIP emission reduction credit.
The commenter states ``. . . the District is concerned with EPA's
proposed approval not including emission reduction credit for this
measure, as the program has achieved and will continue to achieve
significant emissions reductions in the San Joaquin Valley.'' The
commenter recommends that the EPA include in our final approval of this
measure SIP credit for the specific emission reductions quantified.
Response: As explained in our proposal, SJVUAPCD regulates a
PM<INF>2.5</INF> nonattainment area classified as Serious for the 1997
(24-hour 65 [mu]g/m\3\ and annual 15 [mu]g/m\3\ limit), 2006 (24-hour
35 [mu]g/m\3\ limit), and 2012 (annual 12 [mu]g/m\3\ limit)
PM<INF>2.5</INF> National Ambient Air Quality Standards (NAAQS). The
District adopted the 2018 Plan for the 1997, 2006, and 2012
PM<INF>2.5</INF> NAAQS (2018 PM<INF>2.5</INF> Plan) in November 2018 to
help bring the District into attainment for these NAAQS.\1\ The 2018
PM<INF>2.5</INF> Plan includes aggregate emissions reduction
commitments by the SJVUAPCD to achieve an additional 1.30 tons per day
(tpd), annual average, direct PM<INF>2.5</INF>
[[Page 83035]]
emission reductions by 2024 and 2025 for the 35 [mu]g/m\3\ 2006 24-hour
PM<INF>2.5</INF> NAAQS and 12 [mu]g/m\3\ 2012 annual PM<INF>2.5</INF>
NAAQS, respectively. The Burn Cleaner Incentive Measure was intended to
fulfill a portion of these aggregate emission reduction commitments, by
achieving 0.33 tpd of direct PM<INF>2.5</INF> emission reductions by
2024 and 2025, on an annual average basis.
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\1\ 2018 PM<INF>2.5</INF> Plan, ES-8.
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However, as noted in our Technical Support Document (TSD), the
Ninth Circuit vacated and remanded a portion of the EPA's approval of
the 2006 24-hour PM<INF>2.5</INF> NAAQS portions of the 2018
PM<INF>2.5</INF> Plan on April 13, 2022.\2\ Therefore, further work is
needed to evaluate the emissions reductions necessary to attain the
2006 NAAQS by 2024. Additionally, on October 27, 2022, CARB withdrew
the portions of the 2018 PM<INF>2.5</INF> Plan pertaining to the
Serious area plan requirements for the 2012 annual PM<INF>2.5</INF>
NAAQS.\3\ As a result, the State will need to submit a new attainment
plan for the 2012 PM<INF>2.5</INF> NAAQS. Therefore, the EPA will
evaluate emission reductions associated with Burn Cleaner Incentive
Measure in the context of future attainment plan actions for the 2006
and 2012 PM<INF>2.5</INF> NAAQS.
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\2\ Medical Advocates for Healthy Air v. EPA, Case No. 20-72780,
Dkt. #58-1 (9th Cir., April 13, 2022).
\3\ Letter from Steven Cliff, Executive Officer, CARB, to Martha
Guzman, Regional Administrator, EPA Region IX, dated October 27,
2022.
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III. EPA Action
No comments were submitted that change our assessment of the
measure as described in our proposed action. Therefore, as authorized
in section 110(k)(3) of the Act, the EPA is fully approving this
measure into the California SIP.
As stated within the EPA's proposed action, we are codifying this
measure as additional material in the Code of Federal Regulations,
rather than through incorporation by reference, because, under its
terms, the measure contains commitments enforceable only against the
District and because the measure is not a substantive rule of general
applicability.
IV. 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 14094 (88 FR 21879, April 11, 2023);
<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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of the action being taken here, this action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 January 29, 2024. 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, Particulate matter, Reporting
and recordkeeping requirements.
Dated: November 20, 2023.
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:
[[Page 83036]]
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 paragraph (c)(606) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(606) The following materials were submitted on March 17, 2022, by
the Governor's designee as an attachment to a letter dated March 16,
2022.
(i) [Reserved]
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) San Joaquin Valley Unified Air Pollution Control District
Resolution No. 21-11-7, In the Matter of: State Implementation Credit
for Residential Wood Burning Device Change-Out Incentive Measure,
adopted on November 18, 2021.
(2) [Reserved]
(B) [Reserved]
* * * * *
[FR Doc. 2023-26013 Filed 11-27-23; 8:45 am]
BILLING CODE 6560-50-P
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