Rule2025-04041
Air Plan Revisions; California; Feather River Air Quality Management 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
March 19, 2025
Effective
April 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Feather River Air Quality Management District (FRAQMD or "District") portion of the California State Implementation Plan (SIP). This revision concerns recodification of certain rules to replace historical Sutter County Air Pollution Control District and Yuba County Air Pollution Control District rules with the corresponding FRAQMD rules. These rules regulate pollutants under the Clean Air Act (CAA or "Act").
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 52 (Wednesday, March 19, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 52 (Wednesday, March 19, 2025)]
[Rules and Regulations]
[Pages 12688-12690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04041]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0315; FRL-12098-02-R9]
Air Plan Revisions; California; Feather River Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Feather River Air Quality
Management District (FRAQMD or ``District'') portion of the California
State Implementation Plan (SIP). This revision concerns recodification
of certain rules to replace historical Sutter County Air Pollution
Control District and Yuba County Air Pollution Control District rules
with the corresponding FRAQMD rules. These rules regulate pollutants
under the Clean Air Act (CAA or ``Act'').
DATES: This rule is effective April 18, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0315. 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: Mae Wang, EPA Region IX, 75 Hawthorne
St., San Francisco, CA 94105; phone: (415) 947-4137; email:
<a href="/cdn-cgi/l/email-protection#2651474841084b47436643564708414950"><span class="__cf_email__" data-cfemail="ea9d8b848dc4878b8faa8f9a8bc48d859c">[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 September 5, 2024 (89 FR 72353), the EPA proposed to approve the
submitted FRAQMD rules listed below into the California SIP because
they represent recodifications of existing SIP rules. These rules will
supersede the Sutter County Air Pollution Control District (SCAPCD) and
Yuba County Air Pollution Control District (YCAPCD) rules of the same
corresponding number. The EPA therefore also proposed to approve the
rescissions of the corresponding SCAPCD and YCAPCD rules because they
mirror recodified rules proposed for approval.
The rules were locally adopted by the FRAQMD on August 12, 1991.
They were initially scheduled for adoption at a June 1991 Board
Meeting, but the adoption was postponed to August 1991. The FRAQMD
ultimately adopted the rules in this section on August 12, 1991, but
``6/91'' remained as the adoption date printed on the rules.
Additionally, a typographic error in Rule 3.3 was corrected and adopted
by the FRAQMD on October 3, 2022, without changing the official
adoption date of the rule. The rules submitted by CARB on May 11, 2023,
for inclusion in the California SIP are:
Rule 3.0, Visible Emissions
Rule 3.1, Exceptions to Rule 3.0 (excluding paragraph D)
Rule 3.2, Particulate Matter Concentration
Rule 3.3, Dust and Fumes
Rule 3.4, Separation of Emissions
Rule 3.5, Combination of Emissions
Rule 3.6, Abrasive Blasting
Rule 3.7, Reduction of Animal Matter
Rule 3.10, Sulfur Oxides
Rule 3.13, Circumvention
Rule 9.6, Equipment Breakdown
We proposed to approve these rules because they represent
recodifications of existing SIP rules. Our proposed action contains
more information on the rules 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 four comments, one of which is a
duplicate of a previous submission. The three distinct comments were
from members of the public. All the comment submissions can be found in
the docket for this rulemaking.
Comment 1: One commenter acknowledged that the ``idea of combining
the regulations across both counties will make for a more cohesive plan
and environment.'' However, while there was no clear objection to the
recodification of the existing SIP rules, the commenter asserted that
much has changed since the original rules were adopted with respect to
environmental justice (EJ) and economic and environmental conditions.
The commenter also suggested that the SIP revision at issue could
represent an opportunity to evaluate the existing rules in light of
current topics and conditions and provide for community growth and
input and to restructure the laws and regulations to get the best
outcome for everyone, rather than simply reestablishing existing rules.
Response 1: The commenter correctly states that ``the original
rules have been in place for several decades at this point.'' We
acknowledge the commenter's interest in more current and potentially
better regulations or regulatory strategies from the FRAQMD. We
encourage public participation in the FRAQMD's current and future rule
development efforts. The purpose of this EPA rulemaking is to replace
the SCAPCD and YCAPCD rules now existing in the federally enforceable
SIP in favor of rules that reflect the FRAQMD's current locally
enforceable rulebook. This aligns the federally enforceable SIP
versions of the rules with those that are in effect in the FRAQMD until
the FRAQMD develops more current regulations.
[[Page 12689]]
As explained in our September 5, 2024 proposal, we consider the
recodification of existing SIP rules to be administrative in nature and
not warranting a new review of the substance of the rules. The rules
being approved have all been previously approved into the SIP, and this
rulemaking merely reflects that the rules were recodified by the FRAQMD
when it was created. Without this rulemaking, the FRAQMD portion of the
California SIP would continue to contain certain rules from the SCAPCD
and the YCAPCD, which are FRAQMD predecessor agencies that no longer
exist. This rulemaking does not imply any position with respect to the
approvability of the substance of the rules. The substance of these
rules is already in the SIP because the submitted FRAQMD rules are
essentially identical to the corresponding SCAPCD and YCAPCD rules.
Therefore, we are not reviewing the substance of the rules at this
time.
Comment 2: Another commenter expressed support for the proposed
action and a desire for stricter open burning regulations in the
FRAQMD.
Response 2: We acknowledge the interest in stricter open burning
regulations. FRAQMD's requirements related to open burning are found in
Regulation II, but the FRAQMD rules that are the subject of this action
are found in Regulation III and Regulation IX. As such, the comment for
stricter open burning regulations lies outside the scope of this
rulemaking.
Comment 3: The third commenter expressed support for the proposed
action, saying that updating the SIP to replace outdated rules with the
FRAQMD rules ``ensures that there is a clear and consistent regulatory
framework'' and ``provides clarity and transparency in regulatory
enforcement.'' Additionally, the commenter stated that ``Having less
confusing regulatory requirements fosters better compliance and
enforcement, ultimately leading to cleaner air for everyone,'' and
expressed that the proposed action is a proactive approach to improving
air quality and embodies a commitment to public health.
Response 3: The EPA acknowledges the support for our action. In
this document, we are taking final action to replace certain historical
SCAPCD and YCAPCD rules in the SIP with the corresponding FRAQMD rules.
III. EPA Action
No comments were submitted that change our assessment of the
submitted request as described in our proposed action. Therefore, as
authorized in section 110(k)(3) of the Act, the EPA is approving the
following rules into the California SIP: FRAQMD Rules 3.0, 3.1, 3.2,
3.3, 3.4, 3.5, 3.6, 3.7, 3.10, 3.13, and 9.6. These rules will replace
the corresponding historical SCAPCD and YCAPCD rules in the SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of FRAQMD
Rule 3.0, ``Visible Emissions''; FRAQMD Rule 3.1, ``Exceptions to Rule
3.0'' (excluding paragraph D); FRAQMD Rule 3.2, ``Particulate Matter
Concentration''; FRAQMD Rule 3.3, ``Dust and Fumes''; FRAQMD Rule 3.4,
``Separation of Emissions''; FRAQMD Rule 3.5, ``Combination of
Emissions''; FRAQMD Rule 3.6, ``Abrasive Blasting''; FRAQMD Rule 3.7,
``Reduction of Animal Matter''; FRAQMD Rule 3.10,'' Sulfur Oxides'';
FRAQMD Rule 3.13, ``Circumvention''; and FRAQMD Rule 9.6, ``Equipment
Breakdown,'' all adopted on August 12, 1991, which regulate emissions
of air pollutants. The EPA has made, and will continue to make, these
documents available through <a href="https://www.regulations.gov">https://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 Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<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).
This action is subject to the Congressional Review Act (CRA), 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 May 19, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
[[Page 12690]]
Dated: March 4, 2025.
Cheree D. Peterson,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA 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)(89)(iii)(G),
(c)(98)(i)(H), (c)(125)(vii)(B), and (c)(610)(i)(E).
The additions read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(89) * * *
(iii) * * *
(G) Previously approved on April 12, 1982, in paragraph
(c)(89)(iii)(B) of this section and now deleted with replacement in
(c)(610)(i)(E)(1)-(10) of this section: Rules 3.0-3.7, 3.10, and 3.13.
* * * * *
(98) * * *
(i) * * *
(H) Previously approved on April 12, 1982, in paragraph
(c)(98)(i)(B) of this section and now deleted with replacement in
(c)(610)(i)(E)(1)-(11) of this section: Rules 3.0-3.7, 3.10, 3.13, and
9.6.
* * * * *
(125) * * *
(vii) * * *
(B) Previously approved on November 10, 1982, in paragraph
(c)(125)(vii)(A) of this section and now deleted with replacement in
(c)(610)(i)(E)(11) of this section: Rule 9.6.
* * * * *
(610) * * *
(i) * * *
(E) Feather River Air Quality Management District.
(1) Rule 3.0, ``Visible Emissions,'' adopted on August 12, 1991.
(2) Rule 3.1, ``Exceptions to Rule 3.0,'' (excluding paragraph D),
adopted on August 12, 1991.
(3) Rule 3.2, ``Particulate Matter Concentration,'' adopted on
August 12, 1991.
(4) Rule 3.3, ``Dust and Fumes,'' adopted on August 12, 1991.
(5) Rule 3.4, ``Separation of Emissions,'' adopted on August 12,
1991.
(6) Rule 3.5, ``Combination of Emissions,'' adopted on August 12,
1991.
(7) Rule 3.6, ``Abrasive Blasting,'' adopted on August 12, 1991.
(8) Rule 3.7, ``Reduction of Animal Matter,'' adopted on August 12,
1991.
(9) Rule 3.10, ``Sulfur Oxides,'' adopted on August 12, 1991.
(10) Rule 3.13, ``Circumvention,'' adopted on August 12, 1991.
(11) Rule 9.6, ``Equipment Breakdown.'' adopted on August 12, 1991.
Note 1 to paragraph (c)(610)(i)(E): The FRAQMD rules referenced
in this paragraph (c)(610)(i)(E) were initially scheduled for
adoption at a June 1991 Board Meeting, but the adoption was
postponed to August 1991. The FRAQMD ultimately adopted the rules in
this section on August 12, 1991, but ``6/91'' remained as the
adoption date printed on the rules. Additionally, a typographic
error in Rule 3.3 was corrected and adopted by the FRAQMD on October
3, 2022, without changing the official adoption date of the rule.
* * * * *
[FR Doc. 2025-04041 Filed 3-18-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 19, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.