[Federal Register Volume 81, Number 196 (Tuesday, October 11, 2016)]
[Rules and Regulations]
[Pages 70018-70020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24498]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0367; FRL-9952-17-Region 9]


Approval of California Air Plan Revisions, Butte County Air 
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Butte County Air Quality 
Management District (BCAQMD) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of 
particulate matter (PM) from open burning. We are approving a local 
rule that regulates these emission sources under the Clean Air Act (CAA 
or the Act).

DATES: This rule is effective on December 12, 2016 without further 
notice, unless the EPA receives adverse comments by November 10, 2016. 
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 your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0367 at http://www.regulations.gov, or via email to Andrew 
Steckel, Rulemaking Office Chief at [email protected]. For 
comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, the EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section. For the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, (415) 972-
3073, [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 final action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    This action addresses BCAQMD Rule 300, ``Open Burning Requirements, 
Prohibitions and Exemptions'' as amended by the district on August 27, 
2015 and submitted to the EPA on March 11, 2016 by the California Air 
Resources Board.
    On April 19, 2016, the EPA determined that the submittal for BCAQMD 
Rule 300 met the completeness criteria in 40 CFR part 51 Appendix V, 
which must be met before formal EPA review.

[[Page 70019]]

B. Are there other versions of this rule?

    The EPA promulgated a limited approval of an earlier version of 
Rule 300 into the SIP on July 8, 2015 (80 FR 38966). The EPA also 
simultaneously promulgated a limited disapproval because two provisions 
in the rule provided discretion to the District Air Pollution Control 
Officer (APCO) to independently interpret the SIP without explicit and 
replicable procedures within the rule.

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

    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 PM 
emissions.
    BCAQMD Rule 300 controls PM emissions by establishing requirements 
on when and how to conduct various types of open burning activities, 
including but not limited to agricultural burning, non-agricultural 
burning (such as land use conversion), and residential burning. The EPA 
finalized a limited approval of a previous version of this rule because 
it is largely consistent with applicable CAA requirements. However, the 
EPA simultaneously promulgated a limited disapproval of the rule for 
two instances of APCO discretion that did not meet CAA requirements for 
enforceability. BCAQMD's 2015 rule revision corrects the two 
deficiencies identified in our previous action. 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 emissions 
reductions (see CAA section 193).
    Generally, SIP rules must implement Reasonably Available Control 
Measures (RACM) in moderate PM nonattainment areas (see CAA sections 
172(c)(1) and 189(a)(1)(C)). BCAQMD regulates the Chico nonattainment 
area, which was classified as ``nonattainment'' for the 2006 24-hour 
PM2.5 NAAQS on November 13, 2009 (74 FR 58688). On September 
10, 2013 (78 FR 55225), EPA issued a determination that the area had 
attained the 2006 24-hour PM2.5 standard based on complete, 
quality-assured, and certified ambient air monitoring data for the 
2010-2012 monitoring period. Under EPA's Clean Data Policy and the 
regulations that embody it (40 CFR 51.1004(c) for PM2.5), an 
EPA determination that an area is attaining the relevant standard 
suspends the area's obligations to submit RACM for as long as the area 
continues to attain. Therefore, BCAQMD is not currently required to 
implement RACM for PM2.5. If the Chico nonattainment area is 
redesignated to attainment, RACM requirements for PM2.5 will 
no longer apply.
    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'' (``the Bluebook,'' U.S. EPA, May 25, 1988; revised 
January 11, 1990).
2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies'' (``the Little Bluebook'', EPA Region 9, August 21, 
2001).

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSD has more 
information on our evaluation.

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 Final Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted rule because we believe it fulfills all 
relevant requirements.\1\ This approval remedies both deficiencies 
identified by our limited approval and limited disapproval action at 80 
FR 38966, and therefore terminates the CAA sanction and Federal 
Implementation Plan clocks triggered by that action. 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 rule. If we receive adverse comments by November 10, 2016, 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 December 12, 
2016. This will incorporate the rule into the federally enforceable 
SIP.
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    \1\ Upon the effective date of this final action, BCAQMD Rule 
300 would supersede existing BCAQMD Rule 300, approved at 80 FR 
38966, in the applicable SIP.
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III. 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 
BCAQMD rule 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).

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); 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 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 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.);

[[Page 70020]]

     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 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 the 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, 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 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 December 12, 2016. 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 the 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: July 21, 2016.
Alexis Strauss,
Acting 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)(423)(i)(G)(2) and 
(c)(474)(i)(C)(1) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (423) * * *
    (i) * * *
    (G) * * *
    (2) Previously approved on July 8, 2015 in paragraph 
(c)(423)(i)(G)(1) of this section and now deleted with replacement in 
paragraph (c)(474)(i)(C)(1), Rule 300, ``Open Burning Requirements, 
Prohibitions and Exemptions,'' approved on February 24, 2011.
* * * * *
    (474) * * *
    (i) * * *
    (C) Butte County Air Quality Management District
    (1) Rule 300, ``Open Burning Requirements, Prohibitions and 
Exemptions'' amended on August 27, 2015.
* * * * *
[FR Doc. 2016-24498 Filed 10-7-16; 8:45 am]
 BILLING CODE 6560-50-P