Revisions to the California State Implementation Plan, Feather River Air Quality Management District, 74647-74650 [2014-29285]
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations
§ 721.10229
Ethylene glycol ethers.
(a) Chemical substances and
significant new uses subject to reporting.
(1) The chemical substances identified
in Table 1 of this paragraph are subject
to reporting under this section for the
74647
significant new uses described in Table
1 of this paragraph.
TABLE 1—ETHYLENE GLYCOL ETHERS AND SIGNIFICANT NEW USES SUBJECT TO REPORTING
Chemical
Abstracts
Service
Registry No.
(CASRN)
Chemical
Abstracts
index name
Chemical name
Significant new use(s)
Monoethylene glycol dimethyl
ether or monoglyme.
Diethylene glycol dimethyl ether
or diglyme.
Diethylene glycol diethyl ether
or ethyldiglyme.
Ethane, 1,2,-dimethoxy- ..........
110–71–4
Any use in a consumer product.
Ethane, 1,1′-oxybis[2-methoxy-
111–96–6
Any use in a consumer product.
Ethane, 1,1′-oxybis[2-ethoxy- ..
112–36–7
Triethylene glycol dimethyl
ether or triglyme.
2,5,8,11-Tetraoxadodecane .....
112–49–2
Diethylene glycol dibutyl ether
or butyldiglyme.
Butane,
1,1′-[oxybis(2,1ethanediyloxy)]bis-.
112–73–2
Ethylene glycol diethyl ether or
ethylglyme.
Triethylene glycol dibutyl ether
or butyltriglyme.
Ethane, 1,2-diethoxy ................
629–14–1
Any use in a consumer product except as a component of
inks, coatings and adhesives, and as a component of paint/
graffiti removers.
Any use in a consumer product, except as a solvent in consumer adhesives, in brake fluid, as a component of consumer paint/graffiti removers, and in consumer paints.
Any use in a consumer product except as a solvent in consumer inks, coatings and adhesives, and as a component in
soldering compounds.
Any use in a consumer product.
5,8,11,14-Tetraoxaoctadecane
(2) [Reserved]
(b) [Reserved]
[FR Doc. 2014–29429 Filed 12–15–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0703; FRL–9919–52–
Region 9]
Revisions to the California State
Implementation Plan, Feather River Air
Quality Management District
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Feather River Air Quality Management
District (FRAQMD) portion of the
California State Implementation Plan
(SIP). These revisions concern
emissions of particulate matter (PM),
volatile organic compounds (VOCs) and
oxides of nitrogen (NOX) from wood
heating devices and open burning. We
are approving local rules that regulate
these emission sources under the Clean
Air Act (CAA or the Act).
DATES: This rule is effective on February
17, 2015 without further notice, unless
EPA receives adverse comments by
January 15, 2015. If we receive such
comments, we will publish a timely
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SUMMARY:
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63512–36–7
Any use.
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2014–0703, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. Email: steckel.andrew@epa.gov.
3. 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 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
www.regulations.gov or email.
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 email
directly to EPA, your email address will
be automatically captured and included
as part of the public 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.
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Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: Generally, documents in the
docket for this action are available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California 94105–3901. While all
documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), 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:
Christine Vineyard, EPA Region IX,
(415) 947–4125, vineyard.christine@
epa.gov.
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
rules?
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
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations
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 we are
approving with the dates that they were
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency
Rule No.
Rule title
FRAQMD ..........
3.17 (except E.8 ‘‘. . . or other method approved by the
Air Pollution Control Officer.’’ and F.2.e).
2.0 .........................................................................................
Wood Heating Devices .........
10/05/09
07/25/14
Open Burning ........................
10/06/08
08/07/14
FRAQMD ..........
On September 11, 2014, EPA
determined that the submittals for
FRAQMD Rules 3.17 and 2.0 met the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
When Rule 3.17 was amended on
October 5, 2009, the resolution did not
specifically direct the District to submit
it to EPA as a SIP revision. The District
adopted Resolution 2014–02 on
February 3, 2014 directing staff to send
Rule 3.17 to EPA as a SIP revision with
minor changes discussed in EPA’s
technical support document (TSD).
B. Are there other versions of these
rules?
There is no previous version of Rule
3.17 in the California SIP.
In the late-1970s and 1980s, Sutter
County and Yuba County adopted open
burning rules which were approved by
Amended
Submitted
the EPA for inclusion into the California
SIP for these counties. In March 2004,
these rules were locally merged into
Rule 2.0, to apply District-wide and
amended again locally in October 2008.
On August 7, 2014, CARB submitted
Rule 2.0 to the EPA for inclusion into
the California SIP, specifying this rule
would supersede the Sutter County and
Yuba County rules currently in the
California SIP as listed below.
TABLE 2—RULES TO BE SUPERSEDED 1
Rule
No.
Title
Approval date
Citation
Sutter County
2.1 ............
2.2 ............
2.3 ............
2.4 ............
2.5 ............
2.6 ............
2.7 ............
2.8 ............
2.82 ..........
2.9 ............
2.10 ..........
2.11 ..........
2.12 ..........
2.14 ..........
2.15 ..........
2.16 ..........
Exceptions to Rule 2.0 ......................................................................................................................
APCO May Issue Burn Permit ...........................................................................................................
Burning on ’’No-Burn’’ Days ..............................................................................................................
Exception to Rule 2.3 ........................................................................................................................
Permit Regulations ............................................................................................................................
Burning Hours ....................................................................................................................................
Agricultural Burning Requirement ......................................................................................................
Range Improvement and Property Being Developed for Commercial or Residential Purposes ......
Open Burning of Waste Wood on Property Where Grown ...............................................................
Prohibited Burning .............................................................................................................................
Exceptions .........................................................................................................................................
Fire Prevention ..................................................................................................................................
Designated Agencies .........................................................................................................................
Reduction of Odorous Matter ............................................................................................................
Orchard and Citrus Heaters ..............................................................................................................
Cost of Putting Out a Fire .................................................................................................................
04/12/1982
04/12/1982
04/12/1982
04/12/1982
02/03/1987
04/12/1982
04/12/1982
04/12/1982
01/26/1982
04/12/1982
04/12/1982
04/12/1982
04/12/1982
09/22/1972
04/12/1982
04/12/1982
47 FR 15585
47 FR 15585
47 FR 15585
47 FR 15585
52 FR 3226
47 FR 15585
47 FR 15585
47 FR 15585
47 FR 3550
47 FR 15585
47 FR 15585
47 FR 15585
47/FR 15585
37 FR 19812
47 FR 15585
47 FR 15585
04/17/1987
04/17/1987
01/26/1982
04/17/1987
01/26/1982
04/12/1982
04/17/1987
04/17/1987
04/17/1987
01/26/1982
52 FR 12523
52 FR 12523
47 FR 3550
52 FR 12523
47 FR 3550
47 FR 15585
52 FR 12523
52 FR 12523
52 FR 12523
47 FR 3550
04/17/1987
01/26/1982
04/17/1987
01/26/1982
09/22/1972
01/26/1982
04/17/1987
52 FR 12523
47 FR 3550
52 FR 12523
47 FR 3550
37 FR 19812
47 FR 3550
52 FR 12523
Yuba County
............
............
............
............
............
Open Fires .........................................................................................................................................
Exceptions to Rule 2.0 ......................................................................................................................
APCO May Issue Burn Permit ...........................................................................................................
Burning on ‘‘No Burn’’ Days ..............................................................................................................
Exceptions to Rule 2.3 ......................................................................................................................
2.5
2.6
2.7
2.8
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2.0
2.1
2.2
2.3
2.4
............
............
............
............
Permit Regulations ............................................................................................................................
Burning Hours ....................................................................................................................................
Agricultural Burning Requirements ....................................................................................................
Forest Management Range Improvement and Property Being Developed for Commercial or Residential Purposes.
Prohibited Burning .............................................................................................................................
Exceptions .........................................................................................................................................
Fire Prevention ..................................................................................................................................
Designated Agencies .........................................................................................................................
Pressure Tank ...................................................................................................................................
Orchard and Citrus Heaters ..............................................................................................................
Cost of Putting Out a Fire .................................................................................................................
2.9 ............
2.10 ..........
2.11 ..........
2.12 ..........
2.14 ..........
2.15 ..........
2.16 ..........
1 In some places the rule numbers contain an addition ‘‘0’’ (e.g. 2.01, 2.02, etc.). However, the original rules, as approved into the California
SIP, were numbered as shown in Table 2.
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations
C. What is the purpose of the submitted
rules?
Open burning emits PM, including
particulate matter of ten microns or less
(PM10) and particulate matter of 2.5
microns or less (PM2.5), directly, as well
as volatile organic compounds (VOCs)
and oxides of nitrogen (NOX), which are
precursors to ozone and PM2.5. PM and
ozone contribute to effects that are
harmful to human health and 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
direct PM, VOC and NOX emissions.
Rule 3.17 reduces inhalable PM
emissions from residential wood heating
devices, to achieve the same emission
limits as other wood appliances, and to
increase public awareness in Yuba and
Sutter Counties. The burning of
unseasoned wood is prohibited and any
new or used wood heating device must
be an EPA certified wood heating
device.
Rule 2.0 minimizes the impacts of
smoke and other air pollutants
generated by open burning and assures
that it is managed consistent with state
and federal law. The TSDs have more
information about these rules.
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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
Act) 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 PM10
and PM2.5 nonattainment areas, and Best
Available Control Measures (BACM),
including Best Available Control
Technology (BACT), in serious PM10
and PM2.5 nonattainment areas (see CAA
sections 189(a)(1) and 189(b)(1)). In
addition, CAA section 172(c)(1) requires
nonattainment areas to implement all
reasonably available control measures
(RACM) as expeditiously as practicable.
FRAQMD is currently designated
attainment for PM10. Therefore, Rule
2.0, Open Burning, and Rule 3.17, Wood
Heating Devices, are not required to
implement RACM or BACM with
respect to PM–10.
The Yuba City-Marysville area, which
is under FRAQMD jurisdiction, is
designated nonattainment for the 2006
24-hour PM2.5 National Ambient Air
Quality Standard (NAAQS). However,
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on January 10, 2013 (78 FR 2211), EPA
issued a determination that the area had
attained the 2006 24-hour PM2.5
standard based on complete, qualityassured, and certified ambient air
monitoring data for the 2009–2011
monitoring period. Under EPA’s Clean
Data Policy and the regulations that
embody it, 40 CFR 51.1004(c) (for
PM2.5), an EPA rulemaking
determination that an area is attaining
the relevant standard suspends the
area’s obligations to submit RACM for as
long as the area continues to attain. As
a result, we are not evaluating Rule 2.0
for compliance with RACM
requirements for PM2.5 at this time. In
addition, on May 23, 2013, CARB
requested that EPA redesignate the Yuba
City-Marysville PM2.5 nonattainment
area to attainment for the 2006 24-hour
PM2.5 NAAQS. If the Yuba CityMarysville area is redesignated to
attainment, RACM requirements for
PM2.5 will no longer apply.
FRAQMD regulates a portion of the
Sacramento Metro ozone nonattainment
area, which is classified as Severe-15
under the 1997 and 2008 NAAQS for
ozone (40 CFR 81.305). Therefore,
FRAQMD must implement RACM for
open burning and wood heating devices
if those measures will advance
attainment of ozone NAAQS, when
considered collectively with other
reasonable measures. Additional control
measures may be required pursuant to
CAA § 172(c)(1) if both: (1) Additional
measures are reasonably available; and
(2) these additional reasonably available
measures will advance attainment in the
area when considered collectively. EPA
acts on the State’s RACM
demonstrations separately based on an
evaluation of the control measures
submitted as a whole and their overall
potential to advance the applicable
attainment date.
Guidance and policy documents that
we use to evaluate enforceability
include the following:
1. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations;
Clarification to Appendix D of November 24,
1987 Federal Register Notice,’’ (Blue Book),
notice of availability published in the May
25, 1988 Federal Register.
2. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies,’’
EPA Region 9, August 21, 2001 (the Little
Bluebook).
3. ‘‘State Implementation Plans; General
Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990,’’ 57
FR 13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
4. ‘‘State Implementation Plans for Serious
PM–10 Nonattainment Areas, and
Attainment Date Waivers for PM–10
Nonattainment Areas Generally; Addendum
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74649
to the General Preamble for the
Implementation of Title I of the Clean Air Act
Amendments of 1990,’’ 59 FR 41998 (August
16, 1994).
5. ‘‘PM–10 Guideline Document,’’ EPA
452/R–93–008, April 1993.
B. Do the rules meet the evaluation
criteria?
We believe these rules area consistent
with the relevant policy and guidance
regarding enforceability, and SIP
relaxations. The TSDs have more
information on our evaluation.
C. EPA Recommendations To Further
Improve the Rules
The TSDs describes additional rule
revisions that we recommend for the
next time the local agency modifies Rule
2.0, Opening Burning, and Rule 3.17,
Wood Heating Devices.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of
the Act, EPA is fully approving the
submitted rules because we believe they
fulfill all relevant requirements. We do
not think anyone will object to this
approval, so we are finalizing it without
proposing it in advance. However, in
the Proposed Rules section of this
Federal Register, we are simultaneously
proposing approval of the same
submitted rules. If we receive adverse
comments by January 15, 2015, we will
publish a timely withdrawal in the
Federal Register to notify the public
that the direct final approval will not
take effect and we will address the
comments in a subsequent final action
based on the proposal. If we do not
receive timely adverse comments, the
direct final approval will be effective
without further notice on February 17,
2015. This will incorporate these rules
into the federally enforceable SIP.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
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
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74650
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Rules and Regulations
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
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, 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.
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. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
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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 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 February 17,
2015. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the Proposed Rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: October 16, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(447) and (c)(448)
to read as follows:
■
§ 52.220
*
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*
Identification of plan.
*
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*
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*
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(c) * * *
(447) New and amended regulations
were submitted on July 25, 2014, by the
Governor’s designee.
(i) Incorporation by Reference.
(A) Feather River Air Quality
Management District.
(1) Rule 3.17 (except specific
provisions of subsections E.8, F.2 and
F.4), ‘‘Wood Heating Devices,’’ amended
on October 5, 2009.
(448) New and amended regulations
were submitted on August 15, 2014, by
the Governor’s designee.
(i) Incorporation by Reference.
(A) Feather River Air Quality
Management District.
(1) Rule 2.0, ‘‘Open Burning,’’
amended on October 6, 2008.
[FR Doc. 2014–29285 Filed 12–15–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2014–0002; Internal
Agency Docket No. FEMA–8361]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
SUMMARY:
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]]>Agencies
[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Rules and Regulations]
[Pages 74647-74650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29285]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0703; FRL-9919-52-Region 9]
Revisions to the California State Implementation Plan, Feather
River Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Feather River Air Quality
Management District (FRAQMD) portion of the California State
Implementation Plan (SIP). These revisions concern emissions of
particulate matter (PM), volatile organic compounds (VOCs) and oxides
of nitrogen (NOX) from wood heating devices and open
burning. We are approving local rules that regulate these emission
sources under the Clean Air Act (CAA or the Act).
DATES: This rule is effective on February 17, 2015 without further
notice, unless EPA receives adverse comments by January 15, 2015. If we
receive such comments, we will publish a timely withdrawal in the
Federal Register to notify the public that this direct final rule will
not take effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0703, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: steckel.andrew@epa.gov.
3. 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 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 www.regulations.gov or email.
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 email directly to EPA, your email
address will be automatically captured and included as part of the
public 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. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), 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: Christine Vineyard, EPA Region IX,
(415) 947-4125, vineyard.christine@epa.gov.
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 rules?
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
[[Page 74648]]
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 we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resources Board (CARB).
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD..................... 3.17 (except E.8 ``. . . or Wood Heating Devices.. 10/05/09 07/25/14
other method approved by
the Air Pollution Control
Officer.'' and F.2.e).
FRAQMD..................... 2.0........................ Open Burning.......... 10/06/08 08/07/14
----------------------------------------------------------------------------------------------------------------
On September 11, 2014, EPA determined that the submittals for
FRAQMD Rules 3.17 and 2.0 met the completeness criteria in 40 CFR part
51 Appendix V, which must be met before formal EPA review.
When Rule 3.17 was amended on October 5, 2009, the resolution did
not specifically direct the District to submit it to EPA as a SIP
revision. The District adopted Resolution 2014-02 on February 3, 2014
directing staff to send Rule 3.17 to EPA as a SIP revision with minor
changes discussed in EPA's technical support document (TSD).
B. Are there other versions of these rules?
There is no previous version of Rule 3.17 in the California SIP.
In the late-1970s and 1980s, Sutter County and Yuba County adopted
open burning rules which were approved by the EPA for inclusion into
the California SIP for these counties. In March 2004, these rules were
locally merged into Rule 2.0, to apply District-wide and amended again
locally in October 2008. On August 7, 2014, CARB submitted Rule 2.0 to
the EPA for inclusion into the California SIP, specifying this rule
would supersede the Sutter County and Yuba County rules currently in
the California SIP as listed below.
Table 2--Rules To Be Superseded 1
------------------------------------------------------------------------
Rule No. Title Approval date Citation
------------------------------------------------------------------------
Sutter County
------------------------------------------------------------------------
2.1............. Exceptions to Rule 2.0 04/12/1982 47 FR 15585
2.2............. APCO May Issue Burn 04/12/1982 47 FR 15585
Permit.
2.3............. Burning on ''No-Burn'' 04/12/1982 47 FR 15585
Days.
2.4............. Exception to Rule 2.3. 04/12/1982 47 FR 15585
2.5............. Permit Regulations.... 02/03/1987 52 FR 3226
2.6............. Burning Hours......... 04/12/1982 47 FR 15585
2.7............. Agricultural Burning 04/12/1982 47 FR 15585
Requirement.
2.8............. Range Improvement and 04/12/1982 47 FR 15585
Property Being
Developed for
Commercial or
Residential Purposes.
2.82............ Open Burning of Waste 01/26/1982 47 FR 3550
Wood on Property
Where Grown.
2.9............. Prohibited Burning.... 04/12/1982 47 FR 15585
2.10............ Exceptions............ 04/12/1982 47 FR 15585
2.11............ Fire Prevention....... 04/12/1982 47 FR 15585
2.12............ Designated Agencies... 04/12/1982 47/FR 15585
2.14............ Reduction of Odorous 09/22/1972 37 FR 19812
Matter.
2.15............ Orchard and Citrus 04/12/1982 47 FR 15585
Heaters.
2.16............ Cost of Putting Out a 04/12/1982 47 FR 15585
Fire.
------------------------------------------------------------------------
Yuba County
------------------------------------------------------------------------
2.0............. Open Fires............ 04/17/1987 52 FR 12523
2.1............. Exceptions to Rule 2.0 04/17/1987 52 FR 12523
2.2............. APCO May Issue Burn 01/26/1982 47 FR 3550
Permit.
2.3............. Burning on ``No Burn'' 04/17/1987 52 FR 12523
Days.
2.4............. Exceptions to Rule 2.3 01/26/1982 47 FR 3550 47
04/12/1982 FR 15585
2.5............. Permit Regulations.... 04/17/1987 52 FR 12523
2.6............. Burning Hours......... 04/17/1987 52 FR 12523
2.7............. Agricultural Burning 04/17/1987 52 FR 12523
Requirements.
2.8............. Forest Management 01/26/1982 47 FR 3550
Range Improvement and
Property Being
Developed for
Commercial or
Residential Purposes.
2.9............. Prohibited Burning.... 04/17/1987 52 FR 12523
2.10............ Exceptions............ 01/26/1982 47 FR 3550
2.11............ Fire Prevention....... 04/17/1987 52 FR 12523
2.12............ Designated Agencies... 01/26/1982 47 FR 3550
2.14............ Pressure Tank......... 09/22/1972 37 FR 19812
2.15............ Orchard and Citrus 01/26/1982 47 FR 3550
Heaters.
2.16............ Cost of Putting Out a 04/17/1987 52 FR 12523
Fire.
------------------------------------------------------------------------
\1\ In some places the rule numbers contain an addition ``0'' (e.g.
2.01, 2.02, etc.). However, the original rules, as approved into the
California SIP, were numbered as shown in Table 2.
[[Page 74649]]
C. What is the purpose of the submitted rules?
Open burning emits PM, including particulate matter of ten microns
or less (PM10) and particulate matter of 2.5 microns or less
(PM2.5), directly, as well as volatile organic compounds
(VOCs) and oxides of nitrogen (NOX), which are precursors to
ozone and PM2.5. PM and ozone contribute to effects that are
harmful to human health and 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 direct PM, VOC and NOX
emissions.
Rule 3.17 reduces inhalable PM emissions from residential wood
heating devices, to achieve the same emission limits as other wood
appliances, and to increase public awareness in Yuba and Sutter
Counties. The burning of unseasoned wood is prohibited and any new or
used wood heating device must be an EPA certified wood heating device.
Rule 2.0 minimizes the impacts of smoke and other air pollutants
generated by open burning and assures that it is managed consistent
with state and federal law. The 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
Act) 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 PM10 and PM2.5
nonattainment areas, and Best Available Control Measures (BACM),
including Best Available Control Technology (BACT), in serious
PM10 and PM2.5 nonattainment areas (see CAA
sections 189(a)(1) and 189(b)(1)). In addition, CAA section 172(c)(1)
requires nonattainment areas to implement all reasonably available
control measures (RACM) as expeditiously as practicable.
FRAQMD is currently designated attainment for PM10.
Therefore, Rule 2.0, Open Burning, and Rule 3.17, Wood Heating Devices,
are not required to implement RACM or BACM with respect to PM-10.
The Yuba City-Marysville area, which is under FRAQMD jurisdiction,
is designated nonattainment for the 2006 24-hour PM2.5
National Ambient Air Quality Standard (NAAQS). However, on January 10,
2013 (78 FR 2211), EPA issued a determination that the area had
attained the 2006 24-hour PM2.5 standard based on complete,
quality-assured, and certified ambient air monitoring data for the
2009-2011 monitoring period. Under EPA's Clean Data Policy and the
regulations that embody it, 40 CFR 51.1004(c) (for PM2.5),
an EPA rulemaking determination that an area is attaining the relevant
standard suspends the area's obligations to submit RACM for as long as
the area continues to attain. As a result, we are not evaluating Rule
2.0 for compliance with RACM requirements for PM2.5 at this
time. In addition, on May 23, 2013, CARB requested that EPA redesignate
the Yuba City-Marysville PM2.5 nonattainment area to
attainment for the 2006 24-hour PM2.5 NAAQS. If the Yuba
City-Marysville area is redesignated to attainment, RACM requirements
for PM2.5 will no longer apply.
FRAQMD regulates a portion of the Sacramento Metro ozone
nonattainment area, which is classified as Severe-15 under the 1997 and
2008 NAAQS for ozone (40 CFR 81.305). Therefore, FRAQMD must implement
RACM for open burning and wood heating devices if those measures will
advance attainment of ozone NAAQS, when considered collectively with
other reasonable measures. Additional control measures may be required
pursuant to CAA Sec. 172(c)(1) if both: (1) Additional measures are
reasonably available; and (2) these additional reasonably available
measures will advance attainment in the area when considered
collectively. EPA acts on the State's RACM demonstrations separately
based on an evaluation of the control measures submitted as a whole and
their overall potential to advance the applicable attainment date.
Guidance and policy documents that we use to evaluate
enforceability include the following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations; Clarification to Appendix D of November 24, 1987
Federal Register Notice,'' (Blue Book), notice of availability
published in the May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
4. ``State Implementation Plans for Serious PM-10 Nonattainment
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas
Generally; 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).
5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
B. Do the rules meet the evaluation criteria?
We believe these rules area consistent with the relevant policy and
guidance regarding enforceability, and SIP relaxations. The TSDs have
more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSDs describes additional rule revisions that we recommend for
the next time the local agency modifies Rule 2.0, Opening Burning, and
Rule 3.17, Wood Heating Devices.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by January 15, 2015, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on February 17, 2015. This will incorporate
these rules into the federally enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
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
[[Page 74650]]
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 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, 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.
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. 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 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 February 17, 2015. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: October 16, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended 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)(447) and (c)(448)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(447) New and amended regulations were submitted on July 25, 2014,
by the Governor's designee.
(i) Incorporation by Reference.
(A) Feather River Air Quality Management District.
(1) Rule 3.17 (except specific provisions of subsections E.8, F.2
and F.4), ``Wood Heating Devices,'' amended on October 5, 2009.
(448) New and amended regulations were submitted on August 15,
2014, by the Governor's designee.
(i) Incorporation by Reference.
(A) Feather River Air Quality Management District.
(1) Rule 2.0, ``Open Burning,'' amended on October 6, 2008.
[FR Doc. 2014-29285 Filed 12-15-14; 8:45 am]
BILLING CODE 6560-50-P
