[Federal Register Volume 87, Number 116 (Thursday, June 16, 2022)]
[Rules and Regulations]
[Pages 36222-36224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12387]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0799; FRL-9246-02-R9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

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 oxides of nitrogen (NOX) and particulate matter 
(PM) from agricultural open burning. We are approving additional local 
restrictions on such burning under the Clean Air Act (CAA or the Act).

DATES: This rule is effective July 18, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0799. 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 (CBI) 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. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 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

I. Proposed Action

    On November 29, 2021, CARB submitted a document entitled ``Proposed 
District Rule 4103 (Open Burning) Technical Submittal for Receiving SIP 
Credit for Reductions in Agricultural Burning,'' dated November 18, 
2021 (the ``2021 Technical Submittal''), to the EPA for inclusion in 
the California SIP. The 2021 Technical Submittal includes a document 
called the ``Supplemental Report and Recommendations on Agricultural 
Burning'' (``2021 Supplemental Report''). Table 2-1 of the 2021 
Supplemental Report, ``Accelerated Reductions by Crop Category'' 
includes an updated schedule of prohibitions (``2021 Schedule''). On 
December 23, 2021 (86 FR 72906), the EPA proposed to approve the 2021 
Schedule and the following additional materials supporting the 2021 
Schedule: Resolution 21-06-12 by the SJVUAPCD Governing Board dated 
June 17, 2021, Resolution 21-4 by the California Air Resources Board 
(CARB) dated February 25, 2021, and a letter from the CARB Executive 
Officer to the SJVUAPCD dated June 18, 2021.
    We proposed to approve this SIP revision because we determined that 
it complied with the relevant CAA requirements. Our proposed action 
contains more information on the SIP revision 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 two comments. The first comment was 
from a member of the public concerning the use of open burning to 
process dead and dying trees for methane reduction and to generate 
renewable energy. This comment appears to concern biomass plants, which 
are not regulated under SJVUAPCD Rule 4103. Furthermore, aside from 
orchard waste, wood waste resulting from dead and dying trees is not 
subject to the requirements of SJVUAPCD Rule 4103. As such, we do not 
consider this comment to be relevant to our rulemaking.
    The second comment was from the SJVUAPCD concerning the EPA's 
statement in our technical support document to the proposed rule, where 
we discussed a prospective rule effectiveness (RE) value of 80% for use 
in calculations for expected emission reductions for this SIP revision. 
This comment is not relevant to the approvability of the Technical 
Submittal, as we are not making any final determinations of creditable 
RE for the 2021 agricultural burning prohibition SIP revision in this 
rulemaking. Therefore, we intend to address this comment in the context 
of any future action(s) that rely on emissions reductions associated 
with this measure.

III. EPA Action

    No comments were submitted that change our assessment of the SIP 
revision as described in our proposed action. Therefore, as authorized 
in section 110(k)(3) of the Act, the EPA is fully approving the 
following materials from the 2021 Technical Submittal into the SIP: 
Table 2-1 ``Accelerated Reductions by Crop Category'' of the 
``Supplemental Report and Recommendations on Agricultural Burning'' and 
Resolution 21-06-12, which were adopted by the SJVUAPCD Board on June 
17, 2021; Resolution 21-4 ``San Joaquin Valley Agricultural Burning 
Assessment'' adopted by CARB on February 25, 2021; and the letter dated 
June 18, 2021 from Richard W. Corey, Executive Officer, CARB, to Samir 
Sheikh, Executive Director, SJVUAPCD, concurring on the 2021 
Supplemental Report.

[[Page 36223]]

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 SIP 
revision from the SJVUAPCD described in Section III of this preamble 
and set forth below in the amendments to 40 CFR part 52. The SJVUAPCD 
provisions being incorporated by reference concern emissions of oxides 
of nitrogen (NOX) and particulate matter (PM) from 
agricultural open burning. 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 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.);
     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, 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 15, 2022. 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements.

    Dated: June 3, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends Part 52, chapter I, title 40 of the Code of 
Federal Regulations 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)(388)(i)(B)(9), 
(10) and (11) and and (c)(572) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (388) * * *
    (i) * * *
    (B) * * *
    (9) Previously approved on January 4, 2012, in paragraph 
(c)(338)(i)(B)(3) of this section and now deleted with replacement in 
paragraph (c)(572)(i)(A)(1) of this section, Table 9-1, Revised 
Proposed Staff Report and Recommendations on Agricultural Burning, 
approved on May 20, 2010.
    (10) Previously approved on January 4, 2012, in paragraph 
(c)(338)(i)(B)(4) of this section and now deleted with replacement in 
paragraph (c)(572)(i)(A)(2) of this section, San Joaquin Valley Air 
Pollution Control District, Resolution No. 10-05-22, adopted on May 20, 
2010.
    (11) Previously approved on January 4, 2012, in paragraph 
(c)(338)(i)(B)(5) of this section and now deleted with replacement in 
paragraphs (c)(572)(i)(B)(1) and (2) of this section, California Air 
Resources Board, Resolution 10-24, adopted on May 27, 2010.
* * * * *
    (572) Amended enforceable requirements for the following APCD were 
submitted on November 29, 2021, by the Governor's designee as an 
attachment to a letter dated November 24, 2021.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Table 2-1, ``Accelerated Reductions by Crop Category'' of the

[[Page 36224]]

Supplemental Report and Recommendations on Agricultural Burning, 
adopted on June 17, 2021.
    (2) San Joaquin Valley Unified Air Pollution Control District 
Governing Board Resolution 21-06-12 ``Approve Supplemental Report and 
Recommendations on Agricultural Burning,'' adopted June 17, 2021.
    (B) California Air Resources Board.
    (1) Resolution 21-4 ``San Joaquin Valley Agricultural Burning 
Assessment,'' adopted on February 25, 2021.
    (2) Letter dated June 18, 2021, from Richard W. Corey, Executive 
Officer, CARB, to Samir Sheikh, Executive Director, SJVUAPCD, 
concurring on the SJVUAPCD Supplemental Report and Recommendations on 
Agricultural Burning, approved June 17, 2021.
    (ii) [Reserved]

[FR Doc. 2022-12387 Filed 6-15-22; 8:45 am]
BILLING CODE 6560-50-P