Approval and Promulgation of Air Quality State Implementation Plans; California; Plumas County; Moderate Area Plan for the 2012 PM2.5, 12263-12265 [2021-04351]
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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations
[FR Doc. 2021–03124 Filed 3–2–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52
[EPA–R09–OAR–2020–0534; FRL–10020–
36–Region 9]
Approval and Promulgation of Air
Quality State Implementation Plans;
California; Plumas County; Moderate
Area Plan for the 2012 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Table of Contents
The Environmental Protection
Agency (EPA) is taking final action to
approve a state implementation plan
(SIP) revision submitted by the State of
California to address Clean Air Act
(CAA or ‘‘Act’’) requirements for the
2012 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS or ‘‘standard’’) in the
Plumas County Moderate PM2.5
nonattainment area (‘‘Portola
nonattainment area’’). The submitted
SIP revision is the State’s ‘‘Proposed
Portola PM2.5 Plan Contingency Measure
SIP Submittal’’ (‘‘PM2.5 Plan Revision’’),
which includes a revised City of Portola
ordinance regulating PM2.5 emission
sources and the State’s demonstration
that this submission meets the Moderate
area contingency measure requirement
for the 2012 annual PM2.5 NAAQS in the
Portola nonattainment area. The EPA is
also taking final action to approve the
contingency measure element of the
Moderate area attainment plan for the
Portola nonattainment area, as revised
and supplemented by the PM2.5 Plan
Revision.
DATES: This rule is effective on April 2,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0534. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
SUMMARY:
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additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: John
Ungvarsky, Air Planning Office (AIR–2),
EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105, (415) 972–
3963 or ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
I. Background
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On January 15, 2013, the EPA
strengthened the primary annual
NAAQS for particulate matter with a
diameter of 2.5 microns or less by
lowering the level from 15.0 micrograms
per cubic meter (mg/m3) to 12.0 mg/m3
(‘‘2012 PM2.5 NAAQS’’).1 The EPA
established this standard after
considering substantial evidence from
numerous health studies demonstrating
that serious health effects are associated
with exposures to PM2.5 concentrations
above these levels.
Epidemiological studies have shown
statistically significant correlations
between elevated levels of PM2.5
(particulate matter with a diameter of
2.5 microns or less) and premature
mortality. Other important health effects
associated with PM2.5 exposure include
aggravation of respiratory and
cardiovascular disease, changes in lung
function, and increased respiratory
symptoms. Individuals particularly
sensitive to PM2.5 exposure include
older adults, people with heart and lung
disease, and children.2 PM2.5 can be
emitted directly into the atmosphere as
a solid or liquid particle (‘‘primary
PM2.5’’ or ‘‘direct PM2.5’’) or can be
formed in the atmosphere as a result of
various chemical reactions among
precursor pollutants such as nitrogen
oxides, sulfur oxides, volatile organic
compounds, and ammonia (‘‘secondary
PM2.5’’).3
1 78 FR 3086 and 40 CFR 50.18. Unless otherwise
noted, all references to the PM2.5 NAAQS in this
notice are to the 2012 annual NAAQS of 12.0 mg/
m3 codified at 40 CFR 50.18.
2 78 FR 3086, 3088 (January 15, 2013).
3 EPA, Air Quality Criteria for Particulate Matter,
No. EPA/600/P–99/002aF and EPA/600/P–99/
002bF, October 2004.
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12263
Following promulgation of a new or
revised NAAQS, the EPA is required by
CAA section 107(d) to designate areas
throughout the nation as attaining or not
attaining the NAAQS. The EPA
designated and classified the Portola
nonattainment area as ‘‘Moderate’’
nonattainment for the 2012 annual
PM2.5 standards based on ambient
monitoring data that showed the area
was above 12.0 mg/m3 for the 2011–2013
monitoring period.4 For the 2011–2013
period, the annual PM2.5 design value
for the Portola nonattainment area was
12.8 mg/m3 based on monitored readings
at the 161 Nevada Street and 420
Gulling Street monitors.5
The Portola nonattainment area
includes the City of Portola (‘‘Portola’’),
which has a population of
approximately 2,100 and is located at an
elevation of 4,890 feet in an
intermountain basin isolated by rugged
mountains. For a precise description of
the geographic boundaries of the Portola
nonattainment area, see 40 CFR 81.305.
The local air district with primary
responsibility for developing a plan to
attain the 2012 annual PM2.5 NAAQS in
this area is the Northern Sierra Air
Quality Management District (NSAQMD
or ‘‘District’’). The District worked with
the California Air Resources Board
(CARB) in preparing the PM2.5 Plan
Revision. Under state law, authority for
regulating sources under state
jurisdiction in the Portola
nonattainment area is split between the
District, which has responsibility for
regulating stationary and most area
sources, and CARB, which has
responsibility for regulating most
mobile sources.
On February 28, 2017, California
submitted the ‘‘Portola Fine Particulate
Matter (PM2.5) Attainment Plan’’
(‘‘Portola PM2.5 Plan’’) to address the
CAA’s Moderate area requirements for
the 2012 annual PM2.5 NAAQS in the
Portola nonattainment area. On March
25, 2019, the EPA fully approved the
Portola PM2.5 Plan, except for the
contingency measure element.6 As part
of the attainment control strategy, the
Portola PM2.5 Plan relies on ‘‘Ordinance
No. 344: An Ordinance of the City of
Portola, County of Plumas Amending
Chapter 15.10 of the City of Portola
Municipal Code Providing for
Regulation of Wood Stoves and
Fireplaces’’ (‘‘City Ordinance No. 344’’)
to achieve direct PM2.5 emission
reductions necessary for attainment by
4 80
FR 2206 (January 15, 2015).
2000 through early 2013, the Portola PM2.5
monitoring site was located at 161 Nevada Street.
In 2013, the site was relocated to 420 Gulling Street.
6 84 FR 11208.
5 From
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the December 31, 2021 attainment date.
The EPA approved City Ordinance No.
344 into the SIP on March 5, 2018.7 The
attainment control strategy in the
Portola PM2.5 Plan also relies on an
enforceable state commitment to
implement an incentive grant program
called the ‘‘Greater Portola Woodstove
Change-out Program 2016’’ (‘‘Wood
Stove Program’’) during the 2016 to
2021 period to fund the replacement of
uncertified wood stoves with newer,
EPA-certified devices and to educate
residents on proper ways to store and
burn wood. The EPA approved the
Wood Stove Program into the SIP on
April 2, 2018.8
On October 28, 2020, CARB submitted
‘‘Ordinance No. 359: An Ordinance of
the City of Portola, County of Plumas
Amending Chapter 15.10 of the City of
Portola Municipal Code Providing for
Regulation of Wood Stoves and
Fireplaces and the Prohibition of the
Open Burning of Yard Waste’’ (‘‘City
Ordinance No. 359’’), together with a
document entitled ‘‘Proposed Portola
PM2.5 Plan Contingency Measure SIP
Submittal,’’ October 16, 2020 (hereafter
‘‘CARB Staff Report’’), to the EPA with
a request for approval into the SIP
through the EPA’s parallel processing
procedures in 40 CFR part 51, appendix
V, section 2.3.9 We refer to this
submission of City Ordinance No. 359
and the CARB Staff Report together as
the ‘‘Proposed PM2.5 Plan Revision.’’
The Proposed PM2.5 Plan Revision
contains, among other things, a
contingency measure in City Ordinance
No. 359 that revises and supplements
the contingency measure element of the
Portola PM2.5 Plan.10
On December 3, 2020, the EPA
proposed to approve the Proposed PM2.5
Plan Revision, through parallel
processing, and to approve the
contingency measure element of the
Portola PM2.5 Plan, as revised and
supplemented by the Proposed PM2.5
Plan Revision.11 Specifically, the EPA
proposed to find that the contingency
measure element of the Portola PM2.5
Plan, as revised and supplemented by
the Proposed PM2.5 Plan Revision,
would satisfy the requirements for
contingency measures in CAA section
172(c)(9) and 40 CFR 51.1014 for
7 83
FR 9213.
FR 13871.
9 Letter dated October 28, 2020, from Richard
Corey, Executive Officer, CARB, to John Busterud,
Regional Administrator, EPA Region IX, with
enclosures.
10 CARB requested that the EPA entirely replace
City Ordinance No. 344 in the SIP with City
Ordinance No. 359. NSAQMD, Resolution 2020–09
(October 26, 2020).
11 85 FR 78050 (December 3, 2020).
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purposes of the 2012 PM2.5 NAAQS in
the Portola nonattainment area. Our
proposed approval was contingent upon
the State’s submission of the final,
adopted PM2.5 Plan Revision in time for
the EPA to finalize this action by March
1, 2021, our court-ordered deadline for
taking final action on the contingency
measure element of the Portola PM2.5
Plan.12 The EPA also proposed to find
that the requirement for contingency
measures to address a failure to meet a
reasonable further progress (RFP)
requirement for the 2019 RFP milestone
year was moot as applied to the Portola
nonattainment area, because the State
and District had adequately
demonstrated that the emission
reductions needed for RFP had been
achieved and that the Portola
nonattainment area had met its 2019
quantitative milestone. Finally, the EPA
proposed to approve a new prohibition
on the open burning of yard waste and
related provisions in City Ordinance No.
359 that would strengthen the SIP,
excluding paragraph 15.10.060 B. and
sections 15.10.100 and 15.10.110
regarding penalties and violations.13
On November 19, 2020, CARB
adopted the Proposed PM2.5 Plan
Revision, and on December 29, 2020,
CARB submitted the final PM2.5 Plan
Revision to the EPA as a revision to the
California SIP.14 The SIP submission
includes evidence that the State
provided adequate public notice and an
opportunity for a public hearing,
consistent with the EPA’s implementing
regulations in 40 CFR 51.102.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period that
ended on January 4, 2021. During this
period, the EPA received one
anonymous comment that does not
articulate any issue.15 We do not
respond to this comment because it fails
to identify any issue that is germane to
the EPA’s action.
12 Order, Center for Biological Diversity, et al. v.
Andrew Wheeler, Case No. 3:19–cv–02782–EMC
(N.D. Cal., February 19, 2020).
13 85 FR 78050.
14 CARB Resolution 20–26, ‘‘Proposed Portola
PM2.5 Plan Contingency Measure State
Implementation Plan Submittal’’ (November 19,
2020) and letter dated December 28, 2020, from
Richard W. Corey, Executive Officer, CARB, to John
W. Busterud, Regional Administrator, EPA Region
IX, including enclosures (transmitting Proposed
Portola PM2.5 Plan Contingency Measure State
Implementation Plan Submittal).
15 The comment is available in the docket for this
rulemaking at https://www.regulations.gov/
document?D=EPA-R09-OAR-2020-0534-0028.
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III. Final Action
For the reasons discussed in detail in
the proposed rule and summarized
herein, under CAA section 110(k)(3), the
EPA is taking final action to approve the
PM2.5 Plan Revision and to approve the
contingency measure element of the
Portola PM2.5 Plan, as revised and
supplemented by the PM2.5 Plan
Revision, as meeting the contingency
measure requirements of CAA section
172(c)(9) and 40 CFR 51.1014 for the
2012 annual PM2.5 NAAQS in the
Portola nonattainment area. The EPA is
also determining that the requirement
for RFP contingency measures for the
2019 milestone date is moot as applied
to the Portola nonattainment area,
because the State and District have
adequately demonstrated that the
emission reductions needed for RFP
have been achieved and that the 2019
quantitative milestone has been met in
the Portola nonattainment area.
Finally, the EPA is approving new
provisions in City Ordinance No. 359
concerning open burning of yard wastes
and other debris, including related
definitions and exemptions. These
provisions strengthen the SIP and are
consistent with CAA requirements
regarding enforceability and SIP
revisions. At the State’s and District’s
request, we are not acting on paragraph
15.10.060 B., section 15.10.100, or
section 15.10.110 of City Ordinance No.
359.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the City of
Portola ordinance described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves, or conditionally
approves, state plans as meeting federal
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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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 CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practical and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
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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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by May 3, 2021. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Ammonia,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
12265
and now deleted with replacement at
(c)(553)(i)(B)(1)(i), Ordinance No. 344,
Portola Municipal Code, Chapter 15.10,
‘‘Wood Stove and Fireplace Ordinance,’’
adopted June 22, 2016.
*
*
*
*
*
(500) * * *
(ii) * * *
(A) * * *
(2) The ‘‘Portola Fine Particulate
Matter (PM2.5) Attainment Plan,’’
adopted January 23, 2017, subchapter
VI.B (‘‘Contingency Measure’’), as
supplemented and revised October 26,
2020.
*
*
*
*
*
(553) The following additional
materials were submitted on December
29, 2020, by the Governor’s designee as
an attachment to a letter dated
December 28, 2020.
(i) Incorporation by reference. (A)
Northern Sierra Air Quality
Management District.
(1) City of Portola.
(i) Ordinance No. 359, Portola
Municipal Code, Chapter 15.10, ‘‘Wood
Stove and Fireplace Ordinance and the
Prohibition of the Open Burning of Yard
Waste,’’ adopted September 9, 2020,
except paragraph 15.10.060 B., section
15.10.100, and section 15.10.110.
(ii) [Reserved]
(B) [Reserved]
(ii) Additional materials. (A)
California Air Resources Board.
(1) Resolution 20–26, ‘‘Proposed
Portola PM2.5 Plan Contingency Measure
State Implementation Plan Submittal,’’
adopted November 19, 2020.
(2) [Reserved]
(B) Northern Sierra Air Quality
Management District.
(1) Northern Sierra Air Quality
Management District Resolution 2020–
09, adopted October 26, 2020.
(2) [Reserved]
[FR Doc. 2021–04351 Filed 3–2–21; 8:45 am]
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)(497)(i)(C)(1)(ii),
(c)(500)(ii)(A)(2), and (c)(553) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(497) * * *
(i) * * *
(C) * * *
(1) * * *
(ii) Previously approved on March 5,
2018 at (c)(497)(i)(C)(1)(i) of this section
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0196; FRL–10020–
45–Region 3]
Air Plan Approval; West Virginia; 1997
8-Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the West Virginia Portion of
the Huntington-Ashland, WV-KY Area
Comprising Cabell and Wayne
Counties
Environmental Protection
Agency (EPA).
AGENCY:
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Agencies
[Federal Register Volume 86, Number 40 (Wednesday, March 3, 2021)]
[Rules and Regulations]
[Pages 12263-12265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04351]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52
[EPA-R09-OAR-2020-0534; FRL-10020-36-Region 9]
Approval and Promulgation of Air Quality State Implementation
Plans; California; Plumas County; Moderate Area Plan for the 2012 PM2.5
NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a state implementation plan (SIP) revision submitted
by the State of California to address Clean Air Act (CAA or ``Act'')
requirements for the 2012 annual fine particulate matter
(PM2.5) national ambient air quality standard (NAAQS or
``standard'') in the Plumas County Moderate PM2.5
nonattainment area (``Portola nonattainment area''). The submitted SIP
revision is the State's ``Proposed Portola PM2.5 Plan
Contingency Measure SIP Submittal'' (``PM2.5 Plan
Revision''), which includes a revised City of Portola ordinance
regulating PM2.5 emission sources and the State's
demonstration that this submission meets the Moderate area contingency
measure requirement for the 2012 annual PM2.5 NAAQS in the
Portola nonattainment area. The EPA is also taking final action to
approve the contingency measure element of the Moderate area attainment
plan for the Portola nonattainment area, as revised and supplemented by
the PM2.5 Plan Revision.
DATES: This rule is effective on April 2, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0534. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3963 or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. Public Comments and EPA Responses
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
On January 15, 2013, the EPA strengthened the primary annual NAAQS
for particulate matter with a diameter of 2.5 microns or less by
lowering the level from 15.0 micrograms per cubic meter ([mu]g/m\3\) to
12.0 [mu]g/m\3\ (``2012 PM2.5 NAAQS'').\1\ The EPA
established this standard after considering substantial evidence from
numerous health studies demonstrating that serious health effects are
associated with exposures to PM2.5 concentrations above
these levels.
---------------------------------------------------------------------------
\1\ 78 FR 3086 and 40 CFR 50.18. Unless otherwise noted, all
references to the PM2.5 NAAQS in this notice are to the
2012 annual NAAQS of 12.0 [mu]g/m\3\ codified at 40 CFR 50.18.
---------------------------------------------------------------------------
Epidemiological studies have shown statistically significant
correlations between elevated levels of PM2.5 (particulate
matter with a diameter of 2.5 microns or less) and premature mortality.
Other important health effects associated with PM2.5
exposure include aggravation of respiratory and cardiovascular disease,
changes in lung function, and increased respiratory symptoms.
Individuals particularly sensitive to PM2.5 exposure include
older adults, people with heart and lung disease, and children.\2\
PM2.5 can be emitted directly into the atmosphere as a solid
or liquid particle (``primary PM2.5'' or ``direct
PM2.5'') or can be formed in the atmosphere as a result of
various chemical reactions among precursor pollutants such as nitrogen
oxides, sulfur oxides, volatile organic compounds, and ammonia
(``secondary PM2.5'').\3\
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\2\ 78 FR 3086, 3088 (January 15, 2013).
\3\ EPA, Air Quality Criteria for Particulate Matter, No. EPA/
600/P-99/002aF and EPA/600/P-99/002bF, October 2004.
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Following promulgation of a new or revised NAAQS, the EPA is
required by CAA section 107(d) to designate areas throughout the nation
as attaining or not attaining the NAAQS. The EPA designated and
classified the Portola nonattainment area as ``Moderate'' nonattainment
for the 2012 annual PM2.5 standards based on ambient
monitoring data that showed the area was above 12.0 [mu]g/m\3\ for the
2011-2013 monitoring period.\4\ For the 2011-2013 period, the annual
PM2.5 design value for the Portola nonattainment area was
12.8 [mu]g/m\3\ based on monitored readings at the 161 Nevada Street
and 420 Gulling Street monitors.\5\
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\4\ 80 FR 2206 (January 15, 2015).
\5\ From 2000 through early 2013, the Portola PM2.5
monitoring site was located at 161 Nevada Street. In 2013, the site
was relocated to 420 Gulling Street.
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The Portola nonattainment area includes the City of Portola
(``Portola''), which has a population of approximately 2,100 and is
located at an elevation of 4,890 feet in an intermountain basin
isolated by rugged mountains. For a precise description of the
geographic boundaries of the Portola nonattainment area, see 40 CFR
81.305.
The local air district with primary responsibility for developing a
plan to attain the 2012 annual PM2.5 NAAQS in this area is
the Northern Sierra Air Quality Management District (NSAQMD or
``District''). The District worked with the California Air Resources
Board (CARB) in preparing the PM2.5 Plan Revision. Under
state law, authority for regulating sources under state jurisdiction in
the Portola nonattainment area is split between the District, which has
responsibility for regulating stationary and most area sources, and
CARB, which has responsibility for regulating most mobile sources.
On February 28, 2017, California submitted the ``Portola Fine
Particulate Matter (PM2.5) Attainment Plan'' (``Portola
PM2.5 Plan'') to address the CAA's Moderate area
requirements for the 2012 annual PM2.5 NAAQS in the Portola
nonattainment area. On March 25, 2019, the EPA fully approved the
Portola PM2.5 Plan, except for the contingency measure
element.\6\ As part of the attainment control strategy, the Portola
PM2.5 Plan relies on ``Ordinance No. 344: An Ordinance of
the City of Portola, County of Plumas Amending Chapter 15.10 of the
City of Portola Municipal Code Providing for Regulation of Wood Stoves
and Fireplaces'' (``City Ordinance No. 344'') to achieve direct
PM2.5 emission reductions necessary for attainment by
[[Page 12264]]
the December 31, 2021 attainment date. The EPA approved City Ordinance
No. 344 into the SIP on March 5, 2018.\7\ The attainment control
strategy in the Portola PM2.5 Plan also relies on an
enforceable state commitment to implement an incentive grant program
called the ``Greater Portola Woodstove Change-out Program 2016''
(``Wood Stove Program'') during the 2016 to 2021 period to fund the
replacement of uncertified wood stoves with newer, EPA-certified
devices and to educate residents on proper ways to store and burn wood.
The EPA approved the Wood Stove Program into the SIP on April 2,
2018.\8\
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\6\ 84 FR 11208.
\7\ 83 FR 9213.
\8\ 83 FR 13871.
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On October 28, 2020, CARB submitted ``Ordinance No. 359: An
Ordinance of the City of Portola, County of Plumas Amending Chapter
15.10 of the City of Portola Municipal Code Providing for Regulation of
Wood Stoves and Fireplaces and the Prohibition of the Open Burning of
Yard Waste'' (``City Ordinance No. 359''), together with a document
entitled ``Proposed Portola PM2.5 Plan Contingency Measure
SIP Submittal,'' October 16, 2020 (hereafter ``CARB Staff Report''), to
the EPA with a request for approval into the SIP through the EPA's
parallel processing procedures in 40 CFR part 51, appendix V, section
2.3.\9\ We refer to this submission of City Ordinance No. 359 and the
CARB Staff Report together as the ``Proposed PM2.5 Plan
Revision.'' The Proposed PM2.5 Plan Revision contains, among
other things, a contingency measure in City Ordinance No. 359 that
revises and supplements the contingency measure element of the Portola
PM2.5 Plan.\10\
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\9\ Letter dated October 28, 2020, from Richard Corey, Executive
Officer, CARB, to John Busterud, Regional Administrator, EPA Region
IX, with enclosures.
\10\ CARB requested that the EPA entirely replace City Ordinance
No. 344 in the SIP with City Ordinance No. 359. NSAQMD, Resolution
2020-09 (October 26, 2020).
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On December 3, 2020, the EPA proposed to approve the Proposed
PM2.5 Plan Revision, through parallel processing, and to
approve the contingency measure element of the Portola PM2.5
Plan, as revised and supplemented by the Proposed PM2.5 Plan
Revision.\11\ Specifically, the EPA proposed to find that the
contingency measure element of the Portola PM2.5 Plan, as
revised and supplemented by the Proposed PM2.5 Plan
Revision, would satisfy the requirements for contingency measures in
CAA section 172(c)(9) and 40 CFR 51.1014 for purposes of the 2012
PM2.5 NAAQS in the Portola nonattainment area. Our proposed
approval was contingent upon the State's submission of the final,
adopted PM2.5 Plan Revision in time for the EPA to finalize
this action by March 1, 2021, our court-ordered deadline for taking
final action on the contingency measure element of the Portola
PM2.5 Plan.\12\ The EPA also proposed to find that the
requirement for contingency measures to address a failure to meet a
reasonable further progress (RFP) requirement for the 2019 RFP
milestone year was moot as applied to the Portola nonattainment area,
because the State and District had adequately demonstrated that the
emission reductions needed for RFP had been achieved and that the
Portola nonattainment area had met its 2019 quantitative milestone.
Finally, the EPA proposed to approve a new prohibition on the open
burning of yard waste and related provisions in City Ordinance No. 359
that would strengthen the SIP, excluding paragraph 15.10.060 B. and
sections 15.10.100 and 15.10.110 regarding penalties and
violations.\13\
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\11\ 85 FR 78050 (December 3, 2020).
\12\ Order, Center for Biological Diversity, et al. v. Andrew
Wheeler, Case No. 3:19-cv-02782-EMC (N.D. Cal., February 19, 2020).
\13\ 85 FR 78050.
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On November 19, 2020, CARB adopted the Proposed PM2.5
Plan Revision, and on December 29, 2020, CARB submitted the final
PM2.5 Plan Revision to the EPA as a revision to the
California SIP.\14\ The SIP submission includes evidence that the State
provided adequate public notice and an opportunity for a public
hearing, consistent with the EPA's implementing regulations in 40 CFR
51.102.
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\14\ CARB Resolution 20-26, ``Proposed Portola PM2.5
Plan Contingency Measure State Implementation Plan Submittal''
(November 19, 2020) and letter dated December 28, 2020, from Richard
W. Corey, Executive Officer, CARB, to John W. Busterud, Regional
Administrator, EPA Region IX, including enclosures (transmitting
Proposed Portola PM2.5 Plan Contingency Measure State
Implementation Plan Submittal).
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II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
that ended on January 4, 2021. During this period, the EPA received one
anonymous comment that does not articulate any issue.\15\ We do not
respond to this comment because it fails to identify any issue that is
germane to the EPA's action.
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\15\ The comment is available in the docket for this rulemaking
at https://www.regulations.gov/document?D=EPA-R09-OAR-2020-0534-0028.
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III. Final Action
For the reasons discussed in detail in the proposed rule and
summarized herein, under CAA section 110(k)(3), the EPA is taking final
action to approve the PM2.5 Plan Revision and to approve the
contingency measure element of the Portola PM2.5 Plan, as
revised and supplemented by the PM2.5 Plan Revision, as
meeting the contingency measure requirements of CAA section 172(c)(9)
and 40 CFR 51.1014 for the 2012 annual PM2.5 NAAQS in the
Portola nonattainment area. The EPA is also determining that the
requirement for RFP contingency measures for the 2019 milestone date is
moot as applied to the Portola nonattainment area, because the State
and District have adequately demonstrated that the emission reductions
needed for RFP have been achieved and that the 2019 quantitative
milestone has been met in the Portola nonattainment area.
Finally, the EPA is approving new provisions in City Ordinance No.
359 concerning open burning of yard wastes and other debris, including
related definitions and exemptions. These provisions strengthen the SIP
and are consistent with CAA requirements regarding enforceability and
SIP revisions. At the State's and District's request, we are not acting
on paragraph 15.10.060 B., section 15.10.100, or section 15.10.110 of
City Ordinance No. 359.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the City
of Portola ordinance described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents available through www.regulations.gov and at the EPA Region
IX Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves, or conditionally approves, state plans as
meeting federal
[[Page 12265]]
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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 CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practical and legally permissible methods,
under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 3, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
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)(497)(i)(C)(1)(ii), (c)(500)(ii)(A)(2), and (c)(553) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(497) * * *
(i) * * *
(C) * * *
(1) * * *
(ii) Previously approved on March 5, 2018 at (c)(497)(i)(C)(1)(i)
of this section and now deleted with replacement at
(c)(553)(i)(B)(1)(i), Ordinance No. 344, Portola Municipal Code,
Chapter 15.10, ``Wood Stove and Fireplace Ordinance,'' adopted June 22,
2016.
* * * * *
(500) * * *
(ii) * * *
(A) * * *
(2) The ``Portola Fine Particulate Matter (PM2.5)
Attainment Plan,'' adopted January 23, 2017, subchapter VI.B
(``Contingency Measure''), as supplemented and revised October 26,
2020.
* * * * *
(553) The following additional materials were submitted on December
29, 2020, by the Governor's designee as an attachment to a letter dated
December 28, 2020.
(i) Incorporation by reference. (A) Northern Sierra Air Quality
Management District.
(1) City of Portola.
(i) Ordinance No. 359, Portola Municipal Code, Chapter 15.10,
``Wood Stove and Fireplace Ordinance and the Prohibition of the Open
Burning of Yard Waste,'' adopted September 9, 2020, except paragraph
15.10.060 B., section 15.10.100, and section 15.10.110.
(ii) [Reserved]
(B) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) Resolution 20-26, ``Proposed Portola PM2.5 Plan
Contingency Measure State Implementation Plan Submittal,'' adopted
November 19, 2020.
(2) [Reserved]
(B) Northern Sierra Air Quality Management District.
(1) Northern Sierra Air Quality Management District Resolution
2020-09, adopted October 26, 2020.
(2) [Reserved]
[FR Doc. 2021-04351 Filed 3-2-21; 8:45 am]
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