[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Proposed Rules]
[Pages 58637-58640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24870]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0570; FRL-9934-43-Region 9]


Approval of California Air Plan Revisions, San Joaquin Valley 
Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the San Joaquin Valley Unified Air Pollution 
Control District (SJVUAPCD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of volatile 
organic compounds (VOCs), oxides of nitrogen (NOX), and 
particulate matter (PM) from wood burning devices. We are proposing to 
approve a local rule to regulate these emission sources under the Clean 
Air Act (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 October 30, 2015.

ADDRESSES: Submit comments, identified by docket ID number EPA-R09-OAR-
2015-0570, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: [email protected].
    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 the 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 the EPA, your 
email address will be automatically captured and included as part of 
the public comment. If the EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider

[[Page 58638]]

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 or 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, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the date 
that it was adopted by the local air agency and submitted by the 
California Air Resources Board.

                                             Table 1--Submitted Rule
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           Local agency                Rule No.              Rule title               Amended        Submitted
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SJVUAPCD..........................            4901  Wood Burning Fireplaces and         09/18/14        11/06/14
                                                     Wood Burning Heaters.
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    On December 18, 2014, the EPA determined that the submittal for 
SJVUAPCD Rule 4901 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 this rule?

    We approved an earlier version of Rule 4901 into the SIP on October 
11, 2009 (74 FR 57907). The SJVUAPCD adopted revisions to the SIP-
approved version on September 18, 2014 and CARB submitted them to us on 
November 6, 2014. While we can act on only the most recently submitted 
version, we have reviewed materials provided with previous submittals.

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

    VOCs help produce ground-level ozone, smog and PM, which harm human 
health and the environment. NOX helps produce ground-level 
ozone, smog and PM, which harm human health and the environment. PM, 
including PM equal to or less than 2.5 microns in diameter 
(PM2.5) and PM equal to or less than 10 microns in diameter 
(PM10), contributes to effects that are harmful to human 
health and the environment, including premature mortality, aggravation 
of respiratory and cardiovascular disease, decreased lung function, 
visibility impairment, and damage to vegetation and ecosystems. Section 
110(a) of the CAA requires States to submit regulations that control 
VOC, NOX, and PM emissions.
    Rule 4901 is designed to limit emissions of these pollutants 
generated by the use of wood burning fireplaces, wood burning heaters, 
and outdoor wood burning devices. The rule establishes requirements for 
the sale/transfer, operation, and installation of wood burning devices 
and on the advertising of wood for sale intended for burning in a wood 
burning fireplace, wood burning heater, or outdoor wood burning device 
within the San Joaquin Valley Air Basin (San Joaquin Valley).
    The SIP-approved rule was modified to replace the existing episodic 
curtailment requirement, which required declaration of a mandatory wood 
burning curtailment day whenever the PM2.5 concentration was 
forecasted to be greater than or equal to 30 micrograms per cubic meter 
([micro]g/m\3\) or the PM10 concentration was forecasted to 
be greater than or equal to 135 [micro]g/m\3\, with a new two-tiered 
curtailment program. During a Level One Episodic Wood Burning 
Curtailment, which is triggered when the PM2.5 concentration 
is forecasted to be between 20-65 [micro]g/m\3\, operation of wood 
burning fireplaces and unregistered wood burning heaters is prohibited, 
but properly operated, wood burning heaters that meet certification 
requirements and have a current registration with the District may be 
used. Specific certification and registration requirements are outlined 
in the rule. During a Level Two Episodic Wood Burning Curtailment, 
which is triggered when the PM2.5 concentration is 
forecasted to be above 65 [micro]g/m\3\ or the PM10 
concentration is forecasted to be above 135 [micro]g/m\3\, operation of 
any wood burning device is prohibited.\1\
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    \1\ Locations where natural gas service is not available or 
where a wood burning device is the sole source of heat in a 
residence are exempt from both levels of curtailment.
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    The two-tiered curtailment program also replaces a contingency 
measure provision which would have been implemented in the event that 
the EPA finalized a rulemaking finding San Joaquin Valley had failed to 
attain the 1997 PM2.5 National Ambient Air Quality Standard 
(NAAQS) by the applicable deadline. The provision would have required a 
ban on the operation of all wood burning devices when the 
PM2.5 concentration was predicted to be greater than or 
equal to 20 [micro]g/m\3\ or the PM10 concentration was 
predicted to be greater than or equal to 135 [micro]g/m\3\.
    Additionally, the revised rule adds outdoor wood burning heaters to 
the applicability paragraph, explicitly references to the New Source 
Performance Standard (NSPS) for New Residential Wood Heaters (40 CFR 
part 60, subpart AAA) to assure compliance with the latest Federal 
requirements, and includes other editorial revisions to improve rule 
clarity.
    The EPA's technical support document (TSD) has more information 
about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not 
interfere with applicable requirements concerning attainment and 
reasonable further progress or other CAA requirements (see CAA section 
110(l)), and must not modify certain SIP control requirements in 
nonattainment areas without ensuring equivalent or greater

[[Page 58639]]

emissions reductions (see CAA section 193).
    The San Joaquin Valley is currently designated and classified as an 
extreme 1-hour ozone nonattainment area and an extreme 8-hour ozone 
nonattainment area under both the 1997 and 2008 8-hour ozone standards 
(40 CFR 81.305). CAA section 172(c)(1) requires ozone nonattainment 
areas to implement all reasonably available control measures (RACM), 
including such reductions in emissions from existing sources in the 
area as may be obtained through the adoption, at a minimum, of 
reasonably available control technology (RACT), as expeditiously as 
practicable. Therefore, SJVUAPCD must implement RACM for ozone 
precursors. While our stringency discussion below focuses on PM 
emissions, we are not aware of reasonably available controls for these 
sources for ozone precursors that are not also reasonably available 
controls for PM. In addition, because residential wood burning takes 
place in the winter months when ozone concentrations are lower and the 
probability of exceeding the ozone NAAQS is low, we do not believe it 
is necessary to assess RACM/RACT for ozone and its precursors 
independently from our assessment of RACM/RACT for PM.
    San Joaquin Valley is designated and classified as a moderate 
nonattainment area for the 2006 24-hour PM2.5 standard (40 
CFR 81.305). CAA sections 172(c)(1) and 189(a)(1)(C) require moderate 
PM2.5 nonattainment areas to implement RACM and RACT as 
expeditiously as practicable. Therefore, SJVUAPCD must implement RACM, 
including RACT, for PM2.5 and PM2.5 precursors.
    San Joaquin Valley is designated and classified as a serious 
nonattainment area for the 1997 annual and 1997 24-hour 
PM2.5 standards (40 CFR 81.305). CAA section 189(b)(1)(B) 
requires serious PM2.5 nonattainment areas to implement best 
available control measures (BACM), including best available control 
technology (BACT), within 4 years after reclassification of the area to 
serious. Therefore, SJVUAPCD must implement BACM, including BACT, for 
PM2.5 and PM2.5 precursors.
    San Joaquin Valley is currently designated attainment for 
PM10 (40 CFR 81.305). Accordingly, SJVUAPCD is not required 
to implement RACM/RACT or BACM/BACT for PM10 and 
PM10 precursors. Therefore, we are not evaluating Rule 4901 
for compliance with RACM or BACM requirements for PM10.
    Guidance and policy documents that we use to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``Restatement to Update of EPA's SSM Policy Applicable to SIPs'', 
80 FR 33839, June 12, 2015.
4. ``Strategies for Reducing Residential Wood Smoke'', EPA-456/B-13-
001, March 2013.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with CAA requirements and 
relevant guidance regarding enforceability, SIP revisions, and RACM/
RACT and BACM/BACT.
    The rule requirements and applicability are clear, and the 
monitoring, recordkeeping, reporting and other provisions sufficiently 
ensure that affected sources and regulators can evaluate and determine 
compliance with Rule 4901 consistently. Additionally, Rule 4901 
includes several provisions that together provide continuous control of 
PM emissions consistent with the CAA and EPA guidance on start-up, 
shut-down, and malfunction, including an episodic curtailment program, 
certification and registration requirements, restrictions concerning 
materials that can be burned, and a limit on visible emissions from 
residential chimneys.
    The District estimates that the new tiered curtailment program 
described in Rule 4901, Paragraph 5.6, would reduce average winter 
burning season emissions by 3.27 tons per day (tpd) PM2.5 
and would reduce annual average emissions by 1.09 tpd PM2.5, 
when compared to the current SIP-approved version of Rule 4901. The 
District states that allowing registered devices to operate on 
additional days (i.e., during Level One Curtailment days) and 
subsidizing change-outs for cleaner burning devices would provide 
significant incentive for residents to transition from higher polluting 
devices and result in additional emission reductions beyond 3.27 tpd 
PM2.5.
    We propose to determine that our approval of the submittal would 
comply with CAA section 110(l), because the proposed SIP revision would 
not interfere with the on-going process for ensuring that requirements 
for RFP and attainment are met and the submitted SIP revision is at 
least as stringent as the rule previously approved into the SIP. CAA 
section 193 does not apply to this action because the submitted SIP 
revision does not weaken any SIP control requirement in effect before 
November 15, 1990.
    We assess whether Rule 4901 implements BACM/BACT for 
PM2.5,\2\ by using an analysis provided by the District and 
comparing provisions found in Rule 4901 with the EPA document 
``Strategies for Reducing Residential Wood Smoke'', EPA-456/B-13-001, 
March 2013 and current State and District wood burning rules. This 
evaluation is described in the TSD. Based on this evaluation, we 
believe the September 18, 2014 version of Rule 4901 implements BACM/
BACT for wood burning devices in the San Joaquin Valley considering 
technological and economic feasibility.
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    \2\ Because RACM/RACT represents a less stringent level of 
control than BACM/BACT, we have not separately evaluated the rule 
with respect to RACM/RACT.
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C. EPA Recommendations to Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule but are not currently 
the basis for rule disapproval.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because we believe it fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until October 30, 2015. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate this rule into the federally 
enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the SJVUAPCD rule described in Table 1 of this notice. The 
EPA has made, and will continue to make, these documents available 
electronically through www.regulations.gov and in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the

[[Page 58640]]

provisions of the Act and applicable Federal regulations. 42 U.S.C. 
7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's 
role is to approve State choices, provided that they meet the criteria 
of the Clean Air Act. Accordingly, this proposed action merely proposes 
to approve State law as meeting Federal requirements and does not 
impose additional requirements beyond those imposed by State law. For 
that reason, this proposed 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 proposed action 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, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 14, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015-24870 Filed 9-29-15; 8:45 am]
 BILLING CODE 6560-50-P