[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Proposed Rules]
[Pages 19005-19007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08975]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0005; FRL-9993-10-Region 9]


Air Plan Approval; California; Imperial County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Imperial County Air Pollution Control District 
(ICAPCD) portion of the California State Implementation Plan (SIP). 
These revisions concern emissions of particulate matter (PM) from open 
areas and wood burning appliances and update certain definitions 
relevant to stationary source permitting. We are proposing to approve 
local rules 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 June 3, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0005 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone:(415) 947-4125 or by 
email at [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 rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve the Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. 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 they were adopted by the ICAPCD and submitted by the California 
Air Resources Board (CARB).

[[Page 19006]]



                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
             Local agency                  Rule No.            Rule title            amended/        Submitted
                                                                                      revised
----------------------------------------------------------------------------------------------------------------
ICAPCD................................             101  Definitions.............        09/11/18        10/29/18
ICAPCD................................             428  Wood Burning Appliances         09/11/18        10/29/18
                                                         \1\.
ICAPCD................................             429  Mandatory Episodic              09/11/18        10/29/18
                                                         Curtailment of Wood and
                                                         Other Solid Fuel
                                                         Burning.
ICAPCD................................             804  Open Areas..............        09/11/18        10/29/18
----------------------------------------------------------------------------------------------------------------

    On December 12, 2018, the EPA determined that the submittal for 
ICAPCD Rules 101, 428, 429, and 804 met the completeness criteria in 40 
CFR part 51 appendix V, which must be met before formal EPA review.
---------------------------------------------------------------------------

    \1\ We are not acting on the opacity in limit in section E.4.2. 
of Rule 428 at this time. However, ICAPCD Rule 401, which has been 
approved into the California SIP (54 FR 5448 February 3, 1989), 
establishes a 20% opacity limit that applies to most sources, 
including wood burning appliances. Our action on Rule 428 will not 
affect the applicability of this existing limit.
---------------------------------------------------------------------------

B. Are there other versions of these rules?

    There are no previous versions of Rules 428 and 429 in the SIP. We 
approved earlier versions of Rules 101 and 804 into the SIP on June 8, 
2017 (82 FR 26594) and April 22, 2013 (78 FR 23677), respectively. The 
ICAPCD adopted revisions to the SIP-approved versions on September 11, 
2018, and CARB submitted them to us on October 29, 2018. The ICAPCD 
also previously adopted revisions to 804 on April 12, 2016, and CARB 
submitted the revised rule to us on August 22, 2016. We consider this 
earlier submittal to have been superseded by the October 29, 2018 
submittal. While we are acting on only the most recently submitted 
version, we have reviewed materials provided with previous submittals.

C. What is the purpose of the submitted rules and revisions?

    Emissions of 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), contribute 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.
    New Rule 428 limits emissions of PM from wood burning appliance by 
requiring use of only New Source Performance Standard (NSPS) certified 
devices or EPA-Qualified fireplaces; restricting the use of burning 
materials to seasoned wood, uncolored paper, pellets, and manufactured 
logs; and requiring distribution of public awareness information to 
educate owners on proper installation, operation, and maintenance of 
the wood burning appliance.
    New Rule 429 requires a mandatory wood burning curtailment in 
Calexico whenever the ICAPCD forecasts that the 24-hour average 
PM2.5 concentration will exceed 35 micrograms per cubic 
meter ([micro]g/m\3\) at the Calexico monitoring station. Rule 429 also 
includes a contingency measure that will be triggered upon notification 
from the EPA that the Imperial County nonattainment area has failed to 
(1) meet Reasonable Further Progress in the ``Imperial County 2018 
Annual Particulate Matter Less Than 2.5 Microns in Diameter State 
Implementation Plan'' (``2018 Annual PM2.5 SIP''), (2) meet 
a Quantitative Milestone in the 2018 Annual PM2.5 SIP, and/
or (3) submit a Quantitative Milestone Report required under 40 CFR 
51.1013(b). If this occurs, then a mandatory curtailment shall be 
declared for all of Imperial County whenever the forecast for the 24-
hour average PM2.5 concentration is equal to or exceeds 30 
[micro]g/m\3\ at the Calexico monitoring station.
    Rule 804, Open Areas, was revised to include a provision that would 
expand the rule's applicability if contingency measures are triggered. 
Another new provision allows for implementation of alternative control 
measures in the exposed playa at the Salton Sea, subject to approval by 
the ICAPCD and the EPA.
    Four definitions in Rule 101, Definitions, were revised to 
correspond to revisions in Rule 207--New and Modified Stationary Source 
Review.\2\
---------------------------------------------------------------------------

    \2\ CARB submitted revisions to Rule 207 to the EPA on October 
5, 2018. The EPA proposed to approve these revisions on March 22, 
2019 (84 FR 10753).
---------------------------------------------------------------------------

    The EPA's technical support documents (TSDs) have more information 
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    Rules in the SIP 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).
    The ICAPCD regulates a nonattainment area classified as Moderate 
for the 2012 annual PM2.5 standard and Serious for the 
annual PM10 standard (40 CFR 81.305). Generally, SIP rules 
must implement Best Available Control Measures (BACM) in Serious 
PM10 nonattainment areas (see CAA section 189(a)(1)(B)) and 
Reasonably Available Control Measures (RACM), including Reasonably 
Available Control Technology (RACT), as well as additional reasonable 
measures, in Moderate PM2.5 nonattainment areas (see CAA 
sections 172(c)(1) and 189(a)(1)(C)). An overall RACM and RACT 
evaluation is generally performed in context of a broader plan.
    Guidance and policy documents that we used to evaluate 
enforceability, revision/relaxation and rule stringency requirements 
for the applicable criteria pollutants include the following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans for Serious PM-10 Nonattainment 
Areas, and Attainment Date Waivers for PM-10 Nonattainment Areas 
Generally; Addendum to the General Preamble for

[[Page 19007]]

the Implementation of Title I of the Clean Air Act Amendments of 
1990,'' 59 FR 41998 (August 16, 1994).
    5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
    6. ``Fugitive Dust Background Document and Technical Information 
Document for Best Available Control Measures,'' EPA 450/2-92-004, 
September 1992.

B. Do the rules meet the evaluation criteria?

    These rules are consistent with CAA and regulatory requirements and 
relevant guidance regarding enforceability, BACM, RACM/RACT, and SIP 
revisions. EPA's TSDs include more information on our evaluation of the 
rules.

C. EPA Recommendations To Further Improve the Rules

    The TSDs include recommendations for the next time the ICAPCD 
modifies the rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules (except for Rule 428 section E.4.2) 
because they fulfill all relevant requirements. We will accept comments 
from the public on this proposal until June 3, 2019. If we take final 
action to approve the submitted rules, our final action will 
incorporate these rules 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 ICAPCD rules described in Table 1 of this preamble. The 
EPA has made, and will continue to make, these materials 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 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 
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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 the 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, 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 18, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-08975 Filed 5-2-19; 8:45 am]
 BILLING CODE 6560-50-P