[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44206-44209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14298]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0693; FRL-10011-48-Region 9]


Air Plan Approval; California; San Joaquin Valley Unified Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the San Joaquin Valley Unified Air 
Pollution Control District (SJVUAPCD or ``the District'') 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 approving a local rule that regulates these emission 
sources under the Clean Air Act (CAA or the Act).

DATES: This rule is effective August 21, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0693. 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 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.

FOR FURTHER INFORMATION CONTACT: Rynda Kay, EPA Region IX, 75 Hawthorne 
St., San Francisco, CA 94105. By phone: (415) 947-4118 or by email at 
[email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

[[Page 44207]]

I. Proposed Action

    On January 9, 2020 (85 FR 1131), the EPA proposed to approve the 
following rule into the California SIP.

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             Local agency                  Rule No.            Rule title             Amended        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..............................            4901  Wood Burning Fireplaces       06/20/2019      07/22/2019
                                                         and Wood Burning
                                                         Heaters.
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    We proposed to approve this rule because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received comments on the proposal from 
Earthjustice on behalf of Central California Asthma Collaborative and 
the National Parks Conservation Association (collectively 
``Earthjustice''). We also received nine anonymous comments on the 
proposal.
    The comments submitted by Earthjustice pertain to whether Rule 4901 
satisfies CAA requirements for most stringent measures (MSM) and best 
available control measures/best available control technology (BACM/
BACT). At this time, we are not finalizing determinations on whether or 
not Rule 4901 meets the requirements for reasonably available control 
measures/reasonably available control technology (RACM/RACT), BACM/
BACT, and MSM. Rather, we are finalizing an approval of Rule 4901 on 
the grounds that it meets the requirements for enforceability in CAA 
section 110(a)(2)(A) and the requirements for SIP revisions in CAA 
sections 110(l) and 193, for the reasons described in our proposal, 
technical support document (TSD), and this document. To the extent that 
determinations regarding RACM, BACM, and MSM requirements are necessary 
to support action on other SIP submittals, we will make final 
determinations on whether Rule 4901 satisfies those requirements in one 
or more separate rulemakings and will respond to Earthjustice's 
comments in those rulemaking actions.
    Summaries of the remaining comments are provided below, along with 
our responses to those comments.
    Comment 1.a: The nine anonymous commenters generally expressed 
support for the proposed action. Certain comments mentioned issues 
outside the scope of the proposed action, such as global warming, open 
burning of agricultural waste, and providing inhalers for people with 
asthma. A few commenters raised questions related to the proposed 
action.
    Response 1.a: We thank the commenters for their support and input. 
Our responses to the relevant questions follow.
    Comment 1.b: One commenter asked, ``[h]ow can the EPA provide aid 
at an individual level to those who already have established fireplaces 
or chimneys?''
    Response 1.b: SJVUAPCD provides funding for replacement of wood 
burning devices, including fireplaces, through its Burn Cleaner 
Program. Under the Targeted Airshed Grant program, the EPA has provided 
nearly $5 million to change out approximately 5,800 uncertified wood 
burning devices with cleaner burning devices through grants to SJVUAPCD 
in 2015 and 2016.
    Comment 1.c: A commenter asked, ``how old wood burning devices will 
be regulated, and what the EPA can do to prevent individuals from using 
an expensive product they have already installed.''
    Response 1.c.: As described in our proposal, Rule 4901 establishes 
requirements for the sale/transfer, operation, and installation of wood 
burning devices and for 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. Among other things, 
the rule limits the types of fuels that can be used in wood burning 
devices,\1\ as well as the opacity of emissions from these devices.\2\ 
In addition, the rule includes an episodic wood burning curtailment 
program, which restricts use of wood burning heaters (including old, 
uncertified heaters) and fireplaces on days where ambient particulate 
matter equal to less than 2.5 microns in diameter (PM2.5) 
and/or particulate matter equal to or less than 10 microns in diameter 
(PM10) concentrations are forecast to be above a specified 
curtailment threshold. Today's action approving revisions to Rule 4901 
into the SIP will make the revised rule enforceable by the EPA.
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    \1\ Rule 4901, section 5.6.
    \2\ Rule 4901, section 5.8.
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    Comment 1.d: One commenter requested that the EPA itself take more 
specific actions to reduce wood burning emissions in order to improve 
ambient air conditions.
    Response 1.d: The EPA has authority to issue regulations to assist 
states indirectly with reduction of emissions from woodstoves. In 2015, 
the EPA revised the new source performance standard (NSPS) applicable 
to manufacturers of new wood burning devices, lowering the emissions 
limits for several types of devices.\3\ This action will result in 
reductions of wood burning emissions over time as older, uncertified 
heaters are replaced with new heaters certified under the revised NSPS. 
State and local regulators, such as SJVUAPCD, are then able to 
construct nonattainment plan control measures that rely on replacement 
of older stoves with new stoves with lower emissions. The EPA also 
works with communities to encourage cleaner home heating through the 
EPA Burn Wise and Advance outreach programs.\4\ These programs provide 
resources for state, tribal and local agencies to identify and 
implement cleaner home heating programs.
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    \3\ 80 FR 13672 (March 16, 2015).
    \4\ www.epa.gov/burnwise and www.epa.gov/advance.
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    Comment 1.e: One commenter asked, ``[d]o these same regulations 
apply to large companies and corporations as well? Should there be any 
sort of adjustment of this rule to enforce large businesses to follow 
the same regulations?'' The commenter also asserted that, ``[w]hile 
targeting family-owned wood burning fires might help marginally, large 
factories such as Amazon, Pacific Coast Producers, or Prima Fruit 
Packing are probably contributing way more to pollution than a family 
just trying to cook some smores in their backyard.''
    Response 1.e: Residential wood burning is a significant source of 
direct PM2.5 emissions in the Valley, contributing an 
estimated 5.49 tons per day of winter average PM2.5 
emissions as

[[Page 44208]]

of 2020.\5\ Rule 4901 applies to manufacturers, sellers, and installers 
of wood burning devices, as well as individuals who operate wood 
burning devices. Because residential wood burning is a significant 
source, SJVUAPCD must address it in the nonattainment plan for the San 
Joaquin Valley (SJV). The EPA agrees with the commenter that other 
sources also contribute to nonattainment in the SJV and that they 
require emission controls as well. Numerous other SJVUAPCD rules limit 
emissions from other large companies and corporations that operate 
major industrial sources including factories. The EPA notes that the 
controls for other source categories are not addressed in this 
rulemaking because it focuses only on Rule 4901.
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    \5\ 2018 Plan for the 1997, 2006, and 2012 PM2.5 
Standards, adopted by the SJVUAPCD on November 15, 2018, C-257.
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    Comment 1.f: One commenter stated that the ``rule will not apply to 
other counties in the San Joaquin Valley'' and questioned whether it 
should be extended to the other counties.
    Response 1.f: As described in our proposal, Rule 4901 applies 
throughout the San Joaquin Valley PM2.5 nonattainment area, 
including both the hot-spot counties (Madera, Fresno, and the portion 
of Kern County that is within the San Joaquin Valley Air Basin) and the 
non-hot-spot counties (San Joaquin, Stanislaus, Merced, Kings, and 
Tulare).
    Comment 1.g: One commenter noted ``my concern is about whether or 
not some will follow the rule if their home's heat source depends on it 
or their business depends on it'' and that ``enforcement of this rule 
is something to take into consideration as well.''
    Response 1.g: As described in our proposal, Rule 4901 section 
5.7.4.2 exempts households from wood burning curtailment requirements 
where a wood burning fireplace or wood burning heater is the sole 
available source of heat. Regarding enforcement, we have evaluated Rule 
4901's enforceability and found that, ``[t]he 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.'' \6\ The 2019 Rule 4901 Staff Report also describes the 
extensive enforcement efforts undertaken by the District to enforce the 
curtailment requirements.\7\
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    \6\ 2019 Rule 4901 TSD, 5.
    \7\ 2019 Rule 4901 Staff Report, 32-33.
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III. EPA Action

    The EPA has evaluated the comments on the proposed action 
summarized above. Based on this evaluation, the EPA has concluded that 
it is appropriate to finalize the approval of SJVUAPCD Rule 4901 as 
meeting the requirements of CAA section 110(a)(2)(A), 110(l), and 193. 
Therefore, as authorized in section 110(k)(3) of the Act, the EPA is 
fully approving this rule into the California SIP. As explained in 
section II, we are not finalizing determinations of whether or not Rule 
4901 meets the requirements for RACM/RACT, BACM/BACT, and MSM at this 
time. To the extent that such determinations are necessary to support 
action on other SIP submittals, we will make those determinations in 
one or more separate rulemaking actions.

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 
SJVUAPCD 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).

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 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);
     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 CAA; 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 CAA, petitions for judicial review 
of this action must be filed in the United States

[[Page 44209]]

Court of Appeals for the appropriate circuit by September 21, 2020. 
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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: June 26, 2020.
John Busterud,
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)(457)(i)(H)(2) and 
(c)(535) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (457) * * *
    (i) * * *
    (H) * * *
    (2) Previously approved on October 6, 2016 in paragraph 
(c)(457)(i)(H)(1) of this section and now deleted with replacement in 
(c)(535)(i)(A)(1), Rule 4901, ``Wood Burning Fireplaces and Wood 
Burning Heaters,'' amended on September 18, 2014.
* * * * *
    (535) A new regulation for the following APCD was submitted on July 
22, 2019 by the Governor's designee as an attachment to a letter dated 
July 19, 2019.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4901, ``Wood Burning Fireplaces and Wood Burning 
Heaters,'' amended on June 20, 2019.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]

[FR Doc. 2020-14298 Filed 7-21-20; 8:45 am]
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