[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Proposed Rules]
[Pages 30485-30487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15145]



40 CFR Part 52

[EPA-R09-OAR-2009-0272; FRL-8923-3]

Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District and South Coast 
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: EPA is proposing to approve revisions to the San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD) and South 
Coast Air Quality Management District (SCAQMD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
particulate matter emissions from open burning; wood burning fireplaces 
and heaters; and the storage, handling, and transportation of coke, 
coal, and sulfur. We are proposing to approve local rules that regulate 
these emissions under the Clean Air Act as amended in 1990 (CAA or the 
Act). We are taking comments on this proposal and plan to follow with a 
final action.

DATES: Any comments must arrive by July 27, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0272, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions.
     E-mail: [email protected].
     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 http://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 http://www.regulations.gov or e-mail. http://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 e-mail directly to EPA, your e-mail address will be 
automatically captured and included as part of the public

[[Page 30486]]

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.
    Docket: The index to the docket for this action is available 
electronically at http://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 in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), 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 

4124, [email protected].

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 addressed by this proposal with the dates 
that the rules were amended by the local air agencies and submitted by 
the California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
               Local agency                               Rule title               Amended    Submitted
SJVUAPCD..................................       4103  Open Burning.....................    05/17/07    04/06/09
SJVUAPCD..................................       4901  Wood Burning Fireplaces and Wood     10/16/08    12/23/08
                                                        Burning Heaters.
SCAQMD....................................       1158  Storage, Handling, and Transport     07/11/08    12/23/08
                                                        of Coke, Coal and Sulfur.

    On April 20, 2009, the submittal of SJVUAPCD Rule 4901 and SCAQMD 
Rule 1158 was determined to meet the completeness criteria in 40 CFR 
part 51, appendix V, which must be met before formal EPA review. On May 
13, 2009, the submittal of SJVUAPCD Rule 4103 was determined to meet 
the completeness criteria.

B. Are there other versions of these rules?

    A version of SJVUAPCD Rule 4103 was approved into the SIP on April 
11, 2006 (71 FR 18216). A version of SJVUAPCD Rule 4901 was approved 
into the SIP on September 30, 2003 (68 FR 56181). A version of SCAQMD 
Rule 1158 was approved into the SIP on June 10, 2002 (67 FR 39616).

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

    Section 110(a) of the Clean Air Act (CAA) requires states to submit 
regulations that control volatile organic compounds, nitrogen oxides, 
particulate matter, and other air pollutants which harm human health 
and the environment. These rules were developed as part of local air 
districts' programs to control these pollutants.
    The purpose of SJVUAPCD Rule 4103 is to regulate open burning 
activities and minimize smoke impacts on the public. The purpose of 
SJVUAPCD Rule 4901 is to limit emissions of carbon monoxide and 
particulate matter from wood burning fireplaces, wood burning heaters, 
and outdoor wood burning devices. The purpose of SCAQMD Rule 1158 is to 
reduce emissions of particulate matter from the storage, handling, and 
transport of coke, coal, and sulfur. EPA's technical support documents 
(TSDs) have more information about these rules.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
CAA) and must not relax existing requirements (see sections 110(l) and 
193). In addition, SIP rules must implement Reasonably Available 
Control Measures (RACM), including Reasonably Available Control 
Technology (RACT), in moderate PM nonattainment areas, and Best 
Available Control Measures (BACM), including Best Available Control 
Technology (BACT), in serious PM nonattainment areas (see CAA sections 
189(a)(1) and 189(b)(1)). SJVUAPCD regulates a PM-10 maintenance area 
so must continue to fulfill the requirements of BACM/BACT. SCAQMD 
regulates a serious PM-10 nonattainment area (see 40 CFR part 81), so 
SCAQMD Rule 1158 must fulfill the requirements of BACM/BACT.
    Guidance and policy documents that we used to help evaluate rules 
consistently include the following guidance documents:
    1. Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations, EPA (May 25, 1988). [The Bluebook]
    3. Addendum to the General Preamble for the Implementation of Title 
I of the Clean Air Act Amendments of 1990, 59 FR 41998 (August 16, 
    4. PM-10 Guideline Document (EPA-452/R-93-008).
    5. 2007 Ozone Plan, San Joaquin Valley Air Pollution Control 
District (April 30, 2007). http://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm.
    6. Minimum BACM/RACM Control Measures for Residential Wood 
Combustion Rules, EPA Region IX (February 17, 2009).
    7. 2008 PM2.5 Plan, San Joaquin Valley Air Pollution Control 
District (April 30, 2008). http://www.valleyair.org/air_quality_plans/aq_proposed_pm25_2008.htm.

B. Do the rules meet the evaluation criteria?

    We believe that SJVUAPCD Rules 4103 and 4901, and SCAQMD Rule 1158, 
are consistent with the relevant policy and guidance regarding 
enforceability, BACM/BACT, and SIP relaxations. The TSDs have more 
information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSD for SJVUAPCD Rule 4901 describes additional revisions that 
do not affect EPA's current action but are recommended for the next 
time the local agency modifies the rule.

D. Public Comment and Final Action

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the CAA. We will accept comments from

[[Page 30487]]

the public on this proposal for the next 30 days. Unless we receive 
convincing new information during the comment period, we intend to 
publish a final approval action that will incorporate these rules into 
the federally enforceable SIP.

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, as appropriate, disproportionate human health or environmental 
effects, using practicable 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: June 8, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-15145 Filed 6-25-09; 8:45 am]