Revisions to the California State Implementation Plan, Placer County Air Pollution Control District, 6736-6740 [2013-01332]

Download as PDF 6736 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS State effective date Name of source Permit No. * * Flint Hills Resources Pine Bend, LLC. * ........................ * * * * * * 08/29/11 * * [FR Doc. 2013–02019 Filed 1–30–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2012–0849; FRL–9760–4] Revisions to the California State Implementation Plan, Placer County Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking direct final action to approve revisions to the Placer County Air Pollution Control District (PCAPCD) portion of the California State Implementation Plan (SIP). These revisions concern Volatile Organic Compound (VOC), oxides of nitrogen (NOX), and particulate matter (PM) emissions from open burning. We are approving local rules that regulate this emission source under the Clean Air Act (CAA or the Act). DATES: This rule is effective on April 1, 2013 without further notice, unless EPA receives adverse comments by March 4, 2013. 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–2012–0849, by one of the following methods: SUMMARY: EPA approval date Comments * * 01/31/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT BEGINS]. * * Amendment Nine to Findings and Order. * * 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. 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: Rynda Kay, EPA Region IX, (415) 947– 4118, Kay.Rynda@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 rule revisions? II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations To Further Improve the Rules D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules 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 Rule No. tkelley on DSK3SPTVN1PROD with Local agency PCAPCD PCAPCD PCAPCD PCAPCD PCAPCD PCAPCD ......................................... ......................................... ......................................... ......................................... ......................................... ......................................... VerDate Mar<15>2010 17:33 Jan 30, 2013 Jkt 229001 102 301 302 303 304 305 Rule title Amended Definitions ............................................................................................... Nonagricultural Burning Smoke Management ....................................... Agricultural Waste Burning Smoke Management .................................. Prescribed Burning Smoke Management .............................................. Land Development Burning Smoke Management ................................. Residential Allowable Burning ................................................................ PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\31JAR1.SGM 31JAR1 02/09/12 02/09/12 02/09/12 02/09/12 02/09/12 02/09/12 Submitted 04/25/12 09/21/12 09/21/12 09/21/12 09/21/12 09/21/12 6737 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations TABLE 1—SUBMITTED RULES—Continued Rule No. Local agency PCAPCD ......................................... Rule title 306 On January 7, 2012 and October 11, 2012, EPA determined that the submittals for PCAPCD Rule 102 and PCAPCD Rules 301–306 respectively, met the completeness criteria in 40 CFR Part 51 Appendix V, which must be met before formal EPA review. B. Are there other versions of these rules? We approved an earlier version of Rule 102 into the SIP on June 29, 1999 (64 FR 34558). PCAPCD adopted revisions to the SIP-approved version on February 9, 2012 and CARB submitted them to us on April 25, 2012. PCAPCD has jurisdiction over portions of the Lake Tahoe Air Basin Amended Open Burning of Nonindustrial Wood Waste at Designated Disposal Sites. (LTAB), Mountain Counties Air Basin (MCAB), and Sacramento Valley Air Basin (SVAB). From 1979–1986 these air basin portions adopted open burning regulations, which were approved by us for inclusion into the SIP. On October 19, 1993 PCAPCD adopted a unified set of 25 open burning rules to apply district-wide, replacing the rules governing each air basin portion. CARB submitted them to us on November 30, 1994. EPA staff identified several approvability issues with the submitted rules and on May 21, 1999 PCAPCD requested that ARB withdraw these rules to be replaced with a revised submittal at a later date. Submitted 02/09/12 09/21/12 On February 10, 2011, PCAPCD adopted six new open burning rules (PCAPCD Rules 301–306), which updated and consolidated the 25 open burning rules, and submitted them to us on September 27, 2011. PCAPCD adopted revisions to Rules 301–306 on February 9, 2012 and CARB submitted them to us on September 21, 2012 to apply district-wide and requested that they supersede the individual air basin SIP approved rules listed in Table 2 below. While we can act on only the most recently submitted version, we have reviewed materials provided with previous submittals. TABLE 2—RULES TO BE SUPERSEDED Local agency tkelley on DSK3SPTVN1PROD with LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB LTAB Rule No. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. ................................. 301 302 303 304 305 306 307 308 310 311 312 312 313 314 315 317 LTAB ................................. LTAB ................................. MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... 318 319 301 302 304 305 306 307 308 309 310 312 312 313 314 314 315 315 316 317 319 MCAB/SVAB ..................... 320 VerDate Mar<15>2010 16:21 Jan 30, 2013 Jkt 229001 Adopted/ amended Rule title Prohibitions on Open Burning .................................... Burning Permits .......................................................... Permit Validity ............................................................. No Burn Days ............................................................. Agricultural Burning Reports ....................................... Amount Burned Daily .................................................. Approved Ignition Devices .......................................... Restricted Burning Days ............................................. Minimum Drying Times ............................................... Exceptions to Rule 310 .............................................. Burning of Rice Straw and Stubble ............................ Preparation of Materials to be Burned ....................... Burning of Agricultural Waste ..................................... Range Improvement Burning ...................................... Forest Management Burning ...................................... Right of Way Clearing and Levee, Ditch and Reservoir Maintenance Burning. Open Burning Conducted by Public Officers ............. Hazard Reduction Burning ......................................... Prohibitions on Open Burning .................................... Burning Permits .......................................................... Permit Validity ............................................................. No Burn Days ............................................................. Exceptions to Rule 305 .............................................. Agricultural Burning Reports ....................................... Amount Burned Daily .................................................. Approved Ignition Devices .......................................... Restricted Burning Days ............................................. Minimum Drying Times, Sections A, B, and E ........... Minimum Drying Times, Section C ............................. Exceptions to Rule 312 .............................................. Preparation of Materials to be Burned, Sections A–C Preparation of Materials to be Burned, Section D ..... Burning of Agricultural Waste, Section A ................... Burning of Agricultural Waste, Sections B–H ............. Range Improvement Burning ...................................... Forest Management Burning ...................................... Right of Way Clearing and Levee, Ditch and Reservoir Maintenance Burning. Open Burning Conducted by Public Officers, Sections A–E. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 EPA approval (citation) 06/19/79 06/19/79 06/19/79 06/19/79 06/19/79 06/19/79 06/19/79 06/19/79 06/19/79 06/19/79 N/A 06/19/79 06/19/79 06/19/79 06/19/79 06/19/79 05/18/81 05/18/81 05/18/81 05/18/81 05/18/81 05/18/81 05/18/81 05/18/81 05/18/81 05/18/81 06/14/78 05/18/81 05/18/81 05/18/81 05/18/81 05/18/81 06/19/79 06/19/79 04/21/81 06/19/79 06/19/79 05/27/86 04/21/81 05/20/85 06/19/79 06/19/79 06/19/79 06/19/79 05/20/85 06/19/79 06/19/79 05/20/85 06/19/79 05/20/85 06/19/79 06/19/79 06/19/79 05/18/81 (46 FR 27115) 05/18/81 (46 FR 27115) 04/23/82 (47 FR 17486) 05/18/81 (46 FR 27115) 05/18/81 (46 FR 27115) 04/10/89 (54 FR 14224) 04/23/82 (47 FR 17486) 07/12/90 (55 FR 28622) 05/18/81 (46 FR 27115) 05/18/81 (46 FR 27115) 05/18/81 (46 FR 27115) 05/18/81 (46 FR 27115) 02/03/87 (52 FR 3226) 05/18/81 (46 FR 27115) 05/18/81 (46 FR 27115) 02/03/87 (52 FR 3226) 05/18/81 (46 FR 27115) 02/03/87 (52 FR 3226) 05/18/81 (46 FR 27115) 05/18/81 (46 FR 27115) 05/18/81 (46 FR 27115) 06/19/79 05/18/81 (46 FR 27115) E:\FR\FM\31JAR1.SGM 31JAR1 (46 (46 (46 (46 (46 (46 (46 (46 (46 (46 (43 (46 (46 (46 (46 (46 FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR 27115) 27115) 27115) 27115) 27115) 27115) 27115) 27115) 27115) 27115) 25684) 27115) 27115) 27115) 27115) 27115) 6738 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations TABLE 2—RULES TO BE SUPERSEDED—Continued Local agency Rule No. MCAB/SVAB ..................... 320 MCAB/SVAB ..................... MCAB/SVAB ..................... MCAB/SVAB ..................... 321 324 325 Open Burning Conducted by Public Officers, Preamble. Hazard Reduction Burning ......................................... Residential Rubbish Burning ...................................... Recreational Open Fires ............................................. C. What is the purpose of the submitted rule revisions? VOCs and NOX help produce groundlevel ozone and smog, which harm human health and the environment. PM emissions are also harmful to human health and the environment, by causing, among other things, 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 VOCs, NOX, and PM emissions. Rules 301–306 limit emissions of air pollutants, including VOCs, NOX and PM, which result from open burning. The purpose of Rules 301–306 was to reorganize the District’s existing rules into six new rules based on burn type, for clarity and ease of understanding; to incorporate amendments to the California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 2, Smoke Management Guidelines for Agricultural and Prescribed Burning; to incorporate the requirements of California Code of Regulations, Title 17, Division 3, Subchapter 7.5, § 93113, Airborne Toxic Control Measure to Reduce Emissions of Toxic Air Contaminants from Outdoor Residential Waste Burning; and to address approvability issues identified in previous SIP submittals. Rule 102 adds new or revised definitions associated with Rules 301–306, as well as several other minor administrative revisions. EPA’s technical support documents (TSDs) for these rules have more information about these rules. II. EPA’s Evaluation and Action tkelley on DSK3SPTVN1PROD with 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). Guidance and policy documents that we use to evaluate enforceability requirements consistently include the following: 1. ‘‘Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations; VerDate Mar<15>2010 16:21 Jan 30, 2013 Jkt 229001 Adopted/ amended Rule title 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). PCAPCD regulates an ozone nonattainment area (40 CFR Part 81).1 CAA § 172(c)(1) requires nonattainment areas to implement all reasonably available control measures (RACM) as expeditiously as practicable. Open burning emits PM10 and PM2.5 directly, as well as VOCs and NOX, which are precursors to ozone and PM2.5. Therefore, PCAPCD must implement RACM for open burning if those measures will advance attainment of the National Ambient Air Quality Standard (NAAQS) for PM2.5 or ozone, 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. PCAPCD is currently designated attainment for PM10 (40 CFR 81.305). Accordingly, PCAPCD is not subject to the requirement to implement Best Available Control Measures (BACM) for PM10 and PM10 precursors in CAA § 189(b) and (e). Therefore, we are not evaluating the rules for compliance with BACM requirements. B. Do the rules meet the evaluation criteria? The changes in Rule 102, Definitions, are administrative only and are consistent with the relevant policy and 1 PCAPCD also regulates a nonattainment area under the 2006 24-Hour PM2.5 NAAQS. 40 CFR 81.305 (2010). By December 14, 2012, California must submit a revision to the SIP for this nonattainment area that provides for, among other things, implementation of all RACM as expeditiously as practicable (including RACT for existing sources). CAA section 172(a)(2)(A), (b) & (c)(1), 74 FR 58689 (Nov. 13, 2009). EPA will take action on this RACM demonstration in a separate future rulemaking. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 EPA approval (citation) 05/20/85 02/03/87 (52 FR 3226) 06/19/79 05/20/85 04/21/81 05/18/81 (46 FR 27115) 02/03/87 (52 FR 3226) 04/23/82 (47 FR 17486) guidance regarding enforceability and SIP relaxations. Rules 301–306 increase enforceability by increasing clarity of requirements through having all information related to a burn type in one rule, by providing new definitions, and by increasing specificity on permit and recordkeeping requirements. Several provisions in the submitted rules, however, provide for Air Pollution Control Officer (APCO) discretion to allow burning on a NoBurn Day. EPA generally discourages SIP provisions that allow APCO discretion to independently interpret the SIP, but acknowledges that such ‘‘director’s discretion may be appropriate if explicit and replicable procedures within the rule tightly define how the discretion will be exercised,’’ (see e.g., the Little Blue Book and 52 FR 45109, November 24, 1987). We believe that all such revisions in Rules 301–306 include appropriate limitations on APCO’s discretion as discussed in detail the TSD. Rule 301–306 revisions were primarily editorial to provide a consolidated rule set and improve clarity. There are, however, several Local Rules used in the consolidation which were not previously approved into the SIP. Additionally, several new provisions are included that are less stringent than the SIP approved rules. At this time, we believe all revisions are reasonable and appropriately limited and would not cause adverse affect on the NAAQS or reasonable further progress (CAA section 110(l)) as evaluated in detail in the TSD. We believe the current Rules 301–306 require all control measures that are ‘‘reasonably available’’ considering technologic and economic feasibility, for reasons including the following: (1) PCAPCD Rules 302–303 implement more detailed smoke management requirements and burn authorizations for agricultural burning. EPA previously identified the implementation of a smoke management program for prescribed and agricultural burning as RACM level controls for PM10. (2) Rule revisions (as detailed in the TSD) do not interfere with attainment of the NAAQS or reasonable further progress and E:\FR\FM\31JAR1.SGM 31JAR1 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations overall strengthen the SIP. 3) We have compared the control requirements in PCAPCD Rules 301–306 with analogous rules in other local districts and believe they are generally as stringent as those rules. Where they are less stringent (e.g., areas of high elevation and low population), PCAPCD has provided reasonable justifications. C. EPA Recommendations To Further Improve the Rules The TSD describes additional rule revisions that we recommend for the next time the local agency modifies the rules. 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 March 4, 2013, 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 April 1, 2013. This will incorporate the rules into the federally enforceable SIP, which will supersede rules listed in Table 2. 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. tkelley on DSK3SPTVN1PROD with III. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: VerDate Mar<15>2010 16:21 Jan 30, 2013 Jkt 229001 • 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 6739 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 April 1, 2013. 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: November 19, 2012. 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)(419) (i)(B) and(423)to read as follows: ■ § 52.220 Identification of plan. * * * * * (c) * * * (419) * * * * (i) * * * (B) Placer County Air Pollution Control District E:\FR\FM\31JAR1.SGM 31JAR1 6740 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations (1) Rule 102, ‘‘Definitions,’’ amended February 9, 2012. * * * * * (423) New and amended regulations for the following APCDs were submitted on September 21, 2012, by the Governor’s designee. (i) Incorporation by reference. (A) Placer County Air Pollution Control District (1) Rule 301, ‘‘Nonagricultural Burning Smoke Management,’’ amended on February 9, 2012. (2) Rule 302, ‘‘Agricultural Waste Burning Smoke Management,’’ amended on February 9, 2012. (3) Rule 303, ‘‘Prescribed Burning Smoke Management,’’ amended on February 9, 2012. (4) Rule 304, ‘‘Land Development Burning Smoke Management,’’ amended on February 9, 2012. (5) Rule 305, ‘‘Residential Allowable Burning,’’ amended on February 9, 2012. (6) Rule 306, ‘‘Open Burning of Nonindustrial Wood Waste at Designated Disposal Sites,’’ amended on February 9, 2012. [FR Doc. 2013–01332 Filed 1–30–13; 8:45 am] BILLING CODE 6560–50–P Local agency 4354 We proposed to approve this because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation. II. Public Comments and EPA Responses EPA’s proposed action provided a 30day public comment period. During this period, we received no comments. III. EPA Action No comments were submitted. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving this rule into the California SIP. tkelley on DSK3SPTVN1PROD with IV. 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); 16:21 Jan 30, 2013 40 CFR Part 52 [EPA–R09–OAR–2012–0614; FRL–9771–3] Revisions to the California State Implementation Plan, San Joaquin Valley United Air Pollution Control District Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is finalizing approval of revisions to the San Joaquin Valley United Air Pollution Control District (SJVUAPCD) portion of the California State Implementation Plan (SIP). This action was proposed in the Federal Register on November 5, 2012 and concerns volatile organic compounds (VOC), carbon monoxide (CO), oxides of nitrogen (NOX), oxides of sulfur (SOX), and particulate matter (PM) emissions from glass melting furnaces. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). DATES: This rule will be effective on March 4, 2013. ADDRESSES: EPA has established docket number EPA–R09–OAR–2012–0614 for this action. Generally, documents in the docket for this action are available SUMMARY: Rule No. SJVUAPCD ................................. VerDate Mar<15>2010 ENVIRONMENTAL PROTECTION AGENCY Jkt 229001 electronically at http:// www.regulations.gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105–3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g., confidential business information (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: Robert Marinaro, EPA Region IX, (415) 972–3019, marinaro.robert@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to 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 November 5, 2012 (77 FR 66429), EPA proposed to approve the following rule into the California SIP. Rule title Adopted Limiting Emissions from Glass Melting Furnaces .......................... 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 05/19/11 Submitted 09/27/11 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). E:\FR\FM\31JAR1.SGM 31JAR1

Agencies

[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6736-6740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01332]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0849; FRL-9760-4]


Revisions to the California State Implementation Plan, Placer 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
Placer County Air Pollution Control District (PCAPCD) portion of the 
California State Implementation Plan (SIP). These revisions concern 
Volatile Organic Compound (VOC), oxides of nitrogen (NOX), 
and particulate matter (PM) emissions from open burning. We are 
approving local rules that regulate this emission source under the 
Clean Air Act (CAA or the Act).

DATES: This rule is effective on April 1, 2013 without further notice, 
unless EPA receives adverse comments by March 4, 2013. 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-
2012-0849, 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. 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: Rynda Kay, EPA Region IX, (415) 947-
4118, Kay.Rynda@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 rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rules
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules 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
----------------------------------------------------------------------------------------------------------------
                                               Rule
                Local agency                   No.                Rule title                Amended    Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.....................................      102  Definitions.......................    02/09/12    04/25/12
PCAPCD.....................................      301  Nonagricultural Burning Smoke         02/09/12    09/21/12
                                                       Management.
PCAPCD.....................................      302  Agricultural Waste Burning Smoke      02/09/12    09/21/12
                                                       Management.
PCAPCD.....................................      303  Prescribed Burning Smoke              02/09/12    09/21/12
                                                       Management.
PCAPCD.....................................      304  Land Development Burning Smoke        02/09/12    09/21/12
                                                       Management.
PCAPCD.....................................      305  Residential Allowable Burning.....    02/09/12    09/21/12

[[Page 6737]]

 
PCAPCD.....................................      306  Open Burning of Nonindustrial Wood    02/09/12    09/21/12
                                                       Waste at Designated Disposal
                                                       Sites.
----------------------------------------------------------------------------------------------------------------

    On January 7, 2012 and October 11, 2012, EPA determined that the 
submittals for PCAPCD Rule 102 and PCAPCD Rules 301-306 respectively, 
met the completeness criteria in 40 CFR Part 51 Appendix V, which must 
be met before formal EPA review.

B. Are there other versions of these rules?

    We approved an earlier version of Rule 102 into the SIP on June 29, 
1999 (64 FR 34558). PCAPCD adopted revisions to the SIP-approved 
version on February 9, 2012 and CARB submitted them to us on April 25, 
2012.
    PCAPCD has jurisdiction over portions of the Lake Tahoe Air Basin 
(LTAB), Mountain Counties Air Basin (MCAB), and Sacramento Valley Air 
Basin (SVAB). From 1979-1986 these air basin portions adopted open 
burning regulations, which were approved by us for inclusion into the 
SIP. On October 19, 1993 PCAPCD adopted a unified set of 25 open 
burning rules to apply district-wide, replacing the rules governing 
each air basin portion. CARB submitted them to us on November 30, 1994. 
EPA staff identified several approvability issues with the submitted 
rules and on May 21, 1999 PCAPCD requested that ARB withdraw these 
rules to be replaced with a revised submittal at a later date.
    On February 10, 2011, PCAPCD adopted six new open burning rules 
(PCAPCD Rules 301-306), which updated and consolidated the 25 open 
burning rules, and submitted them to us on September 27, 2011. PCAPCD 
adopted revisions to Rules 301-306 on February 9, 2012 and CARB 
submitted them to us on September 21, 2012 to apply district-wide and 
requested that they supersede the individual air basin SIP approved 
rules listed in Table 2 below. While we can act on only the most 
recently submitted version, we have reviewed materials provided with 
previous submittals.

                                         Table 2--Rules To Be Superseded
----------------------------------------------------------------------------------------------------------------
                                                                         Adopted/
           Local agency               Rule No.        Rule title         amended       EPA approval (citation)
----------------------------------------------------------------------------------------------------------------
LTAB..............................          301  Prohibitions on Open     06/19/79        05/18/81 (46 FR 27115)
                                                  Burning.
LTAB..............................          302  Burning Permits.....     06/19/79        05/18/81 (46 FR 27115)
LTAB..............................          303  Permit Validity.....     06/19/79        05/18/81 (46 FR 27115)
LTAB..............................          304  No Burn Days........     06/19/79        05/18/81 (46 FR 27115)
LTAB..............................          305  Agricultural Burning     06/19/79        05/18/81 (46 FR 27115)
                                                  Reports.
LTAB..............................          306  Amount Burned Daily.     06/19/79        05/18/81 (46 FR 27115)
LTAB..............................          307  Approved Ignition        06/19/79        05/18/81 (46 FR 27115)
                                                  Devices.
LTAB..............................          308  Restricted Burning       06/19/79        05/18/81 (46 FR 27115)
                                                  Days.
LTAB..............................          310  Minimum Drying Times     06/19/79        05/18/81 (46 FR 27115)
LTAB..............................          311  Exceptions to Rule       06/19/79        05/18/81 (46 FR 27115)
                                                  310.
LTAB..............................          312  Burning of Rice               N/A        06/14/78 (43 FR 25684)
                                                  Straw and Stubble.
LTAB..............................          312  Preparation of           06/19/79        05/18/81 (46 FR 27115)
                                                  Materials to be
                                                  Burned.
LTAB..............................          313  Burning of               06/19/79        05/18/81 (46 FR 27115)
                                                  Agricultural Waste.
LTAB..............................          314  Range Improvement        06/19/79        05/18/81 (46 FR 27115)
                                                  Burning.
LTAB..............................          315  Forest Management        06/19/79        05/18/81 (46 FR 27115)
                                                  Burning.
LTAB..............................          317  Right of Way             06/19/79        05/18/81 (46 FR 27115)
                                                  Clearing and Levee,
                                                  Ditch and Reservoir
                                                  Maintenance Burning.
LTAB..............................          318  Open Burning             06/19/79        05/18/81 (46 FR 27115)
                                                  Conducted by Public
                                                  Officers.
LTAB..............................          319  Hazard Reduction         06/19/79        05/18/81 (46 FR 27115)
                                                  Burning.
MCAB/SVAB.........................          301  Prohibitions on Open     04/21/81        04/23/82 (47 FR 17486)
                                                  Burning.
MCAB/SVAB.........................          302  Burning Permits.....     06/19/79        05/18/81 (46 FR 27115)
MCAB/SVAB.........................          304  Permit Validity.....     06/19/79        05/18/81 (46 FR 27115)
MCAB/SVAB.........................          305  No Burn Days........     05/27/86        04/10/89 (54 FR 14224)
MCAB/SVAB.........................          306  Exceptions to Rule       04/21/81        04/23/82 (47 FR 17486)
                                                  305.
MCAB/SVAB.........................          307  Agricultural Burning     05/20/85        07/12/90 (55 FR 28622)
                                                  Reports.
MCAB/SVAB.........................          308  Amount Burned Daily.     06/19/79        05/18/81 (46 FR 27115)
MCAB/SVAB.........................          309  Approved Ignition        06/19/79        05/18/81 (46 FR 27115)
                                                  Devices.
MCAB/SVAB.........................          310  Restricted Burning       06/19/79        05/18/81 (46 FR 27115)
                                                  Days.
MCAB/SVAB.........................          312  Minimum Drying           06/19/79        05/18/81 (46 FR 27115)
                                                  Times, Sections A,
                                                  B, and E.
MCAB/SVAB.........................          312  Minimum Drying           05/20/85         02/03/87 (52 FR 3226)
                                                  Times, Section C.
MCAB/SVAB.........................          313  Exceptions to Rule       06/19/79        05/18/81 (46 FR 27115)
                                                  312.
MCAB/SVAB.........................          314  Preparation of           06/19/79        05/18/81 (46 FR 27115)
                                                  Materials to be
                                                  Burned, Sections A-
                                                  C.
MCAB/SVAB.........................          314  Preparation of           05/20/85         02/03/87 (52 FR 3226)
                                                  Materials to be
                                                  Burned, Section D.
MCAB/SVAB.........................          315  Burning of               06/19/79        05/18/81 (46 FR 27115)
                                                  Agricultural Waste,
                                                  Section A.
MCAB/SVAB.........................          315  Burning of               05/20/85         02/03/87 (52 FR 3226)
                                                  Agricultural Waste,
                                                  Sections B-H.
MCAB/SVAB.........................          316  Range Improvement        06/19/79        05/18/81 (46 FR 27115)
                                                  Burning.
MCAB/SVAB.........................          317  Forest Management        06/19/79        05/18/81 (46 FR 27115)
                                                  Burning.
MCAB/SVAB.........................          319  Right of Way             06/19/79        05/18/81 (46 FR 27115)
                                                  Clearing and Levee,
                                                  Ditch and Reservoir
                                                  Maintenance Burning.
MCAB/SVAB.........................          320  Open Burning             06/19/79        05/18/81 (46 FR 27115)
                                                  Conducted by Public
                                                  Officers, Sections
                                                  A-E.

[[Page 6738]]

 
MCAB/SVAB.........................          320  Open Burning             05/20/85         02/03/87 (52 FR 3226)
                                                  Conducted by Public
                                                  Officers, Preamble.
MCAB/SVAB.........................          321  Hazard Reduction         06/19/79        05/18/81 (46 FR 27115)
                                                  Burning.
MCAB/SVAB.........................          324  Residential Rubbish      05/20/85         02/03/87 (52 FR 3226)
                                                  Burning.
MCAB/SVAB.........................          325  Recreational Open        04/21/81        04/23/82 (47 FR 17486)
                                                  Fires.
----------------------------------------------------------------------------------------------------------------

C. What is the purpose of the submitted rule revisions?

    VOCs and NOX help produce ground-level ozone and smog, 
which harm human health and the environment. PM emissions are also 
harmful to human health and the environment, by causing, among other 
things, 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 VOCs, 
NOX, and PM emissions. Rules 301-306 limit emissions of air 
pollutants, including VOCs, NOX and PM, which result from 
open burning.
    The purpose of Rules 301-306 was to reorganize the District's 
existing rules into six new rules based on burn type, for clarity and 
ease of understanding; to incorporate amendments to the California Code 
of Regulations, Title 17, Division 3, Chapter 1, Subchapter 2, Smoke 
Management Guidelines for Agricultural and Prescribed Burning; to 
incorporate the requirements of California Code of Regulations, Title 
17, Division 3, Subchapter 7.5, Sec.  93113, Airborne Toxic Control 
Measure to Reduce Emissions of Toxic Air Contaminants from Outdoor 
Residential Waste Burning; and to address approvability issues 
identified in previous SIP submittals. Rule 102 adds new or revised 
definitions associated with Rules 301-306, as well as several other 
minor administrative revisions. EPA's technical support documents 
(TSDs) for these rules 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).
    Guidance and policy documents that we use to evaluate 
enforceability requirements consistently 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).
    PCAPCD regulates an ozone nonattainment area (40 CFR Part 81).\1\ 
CAA Sec.  172(c)(1) requires nonattainment areas to implement all 
reasonably available control measures (RACM) as expeditiously as 
practicable. Open burning emits PM10 and PM2.5 
directly, as well as VOCs and NOX, which are precursors to 
ozone and PM2.5. Therefore, PCAPCD must implement RACM for 
open burning if those measures will advance attainment of the National 
Ambient Air Quality Standard (NAAQS) for PM2.5 or ozone, 
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.
---------------------------------------------------------------------------

    \1\ PCAPCD also regulates a nonattainment area under the 2006 
24-Hour PM2.5 NAAQS. 40 CFR 81.305 (2010). By December 
14, 2012, California must submit a revision to the SIP for this 
nonattainment area that provides for, among other things, 
implementation of all RACM as expeditiously as practicable 
(including RACT for existing sources). CAA section 172(a)(2)(A), (b) 
& (c)(1), 74 FR 58689 (Nov. 13, 2009). EPA will take action on this 
RACM demonstration in a separate future rulemaking.
---------------------------------------------------------------------------

    PCAPCD is currently designated attainment for PM10 (40 
CFR 81.305). Accordingly, PCAPCD is not subject to the requirement to 
implement Best Available Control Measures (BACM) for PM10 
and PM10 precursors in CAA Sec.  189(b) and (e). Therefore, 
we are not evaluating the rules for compliance with BACM requirements.

B. Do the rules meet the evaluation criteria?

    The changes in Rule 102, Definitions, are administrative only and 
are consistent with the relevant policy and guidance regarding 
enforceability and SIP relaxations.
    Rules 301-306 increase enforceability by increasing clarity of 
requirements through having all information related to a burn type in 
one rule, by providing new definitions, and by increasing specificity 
on permit and recordkeeping requirements. Several provisions in the 
submitted rules, however, provide for Air Pollution Control Officer 
(APCO) discretion to allow burning on a No-Burn Day. EPA generally 
discourages SIP provisions that allow APCO discretion to independently 
interpret the SIP, but acknowledges that such ``director's discretion 
may be appropriate if explicit and replicable procedures within the 
rule tightly define how the discretion will be exercised,'' (see e.g., 
the Little Blue Book and 52 FR 45109, November 24, 1987). We believe 
that all such revisions in Rules 301-306 include appropriate 
limitations on APCO's discretion as discussed in detail the TSD.
    Rule 301-306 revisions were primarily editorial to provide a 
consolidated rule set and improve clarity. There are, however, several 
Local Rules used in the consolidation which were not previously 
approved into the SIP. Additionally, several new provisions are 
included that are less stringent than the SIP approved rules. At this 
time, we believe all revisions are reasonable and appropriately limited 
and would not cause adverse affect on the NAAQS or reasonable further 
progress (CAA section 110(l)) as evaluated in detail in the TSD.
    We believe the current Rules 301-306 require all control measures 
that are ``reasonably available'' considering technologic and economic 
feasibility, for reasons including the following: (1) PCAPCD Rules 302-
303 implement more detailed smoke management requirements and burn 
authorizations for agricultural burning. EPA previously identified the 
implementation of a smoke management program for prescribed and 
agricultural burning as RACM level controls for PM10. (2) 
Rule revisions (as detailed in the TSD) do not interfere with 
attainment of the NAAQS or reasonable further progress and

[[Page 6739]]

overall strengthen the SIP. 3) We have compared the control 
requirements in PCAPCD Rules 301-306 with analogous rules in other 
local districts and believe they are generally as stringent as those 
rules. Where they are less stringent (e.g., areas of high elevation and 
low population), PCAPCD has provided reasonable justifications.

C. EPA Recommendations To Further Improve the Rules

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rules.

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 March 4, 2013, 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 April 1, 2013. This will incorporate the 
rules into the federally enforceable SIP, which will supersede rules 
listed in Table 2.
    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 
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 April 1, 2013. 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: November 19, 2012.
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)(419) (i)(B) 
and(423)to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (419) * * * *
    (i) * * *
    (B) Placer County Air Pollution Control District

[[Page 6740]]

    (1) Rule 102, ``Definitions,'' amended February 9, 2012.
* * * * *
    (423) New and amended regulations for the following APCDs were 
submitted on September 21, 2012, by the Governor's designee. (i) 
Incorporation by reference.
    (A) Placer County Air Pollution Control District
    (1) Rule 301, ``Nonagricultural Burning Smoke Management,'' amended 
on February 9, 2012.
    (2) Rule 302, ``Agricultural Waste Burning Smoke Management,'' 
amended on February 9, 2012.
    (3) Rule 303, ``Prescribed Burning Smoke Management,'' amended on 
February 9, 2012.
    (4) Rule 304, ``Land Development Burning Smoke Management,'' 
amended on February 9, 2012.
    (5) Rule 305, ``Residential Allowable Burning,'' amended on 
February 9, 2012.
    (6) Rule 306, ``Open Burning of Nonindustrial Wood Waste at 
Designated Disposal Sites,'' amended on February 9, 2012.

[FR Doc. 2013-01332 Filed 1-30-13; 8:45 am]
BILLING CODE 6560-50-P