[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22978-22980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0076; FRL-10663-01-R9]
Air Plan Revisions; California; 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
particulate matter (PM) from wood burning devices. We are proposing to
approve a local measure 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: Comments must be received on or before May 15, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2023-0076 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. If you need assistance in a
language other than English or if you are a person with a disability
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: Elijah Gordon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3158 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 measure did the State submit?
B. Are there other versions of this measure?
C. What is the purpose of the submitted measure?
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the measure?
B. Does the measure meet the evaluation criteria?
C. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What measure did the State submit?
Table 1 lists the measure addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB). We will refer to this measure as
the ``Burn Cleaner Incentive Measure.''
[[Page 22979]]
Table 1--Submitted Measure
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Local Agency Resolution # Measure Title Adopted Submitted
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SJVUAPCD............................. 21-11-7 Burn Cleaner Fireplace 11/18/2021 03/17/2022
and Woodstove Change-out
Incentive Measure
(``Burn Cleaner
Incentive Measure'').
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On September 17, 2022, pursuant to CAA section 110(k)(1)(B) and 40
CFR part 51, appendix V, the submittal for the Burn Cleaner Incentive
Measure was deemed complete by operation of law.
B. Are there other versions of this measure?
There are no previous versions of the Burn Cleaner Incentive
Measure in the SIP.
C. What is the purpose of the submitted measure?
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.
The SJVUAPCD regulates a PM2.5 nonattainment area
classified as Serious for the 1997 (24-hour 65 [micro]g/m\3\ and annual
15 [micro]g/m\3\ limit), 2006 (24-hour 35 [micro]g/m\3\ limit), and
2012 (annual 12 [micro]g/m\3\ limit) PM2.5 National Ambient
Air Quality Standards (NAAQS). The District adopted the 2018 Plan for
the 1997, 2006, and 2012 PM2.5 NAAQS (2018 PM2.5
Plan) in November 2018 to help bring the District into attainment for
these NAAQS.\1\ The submitted measure, adopted by the District on
November 18, 2021, is an enforceable commitment to achieve direct
PM2.5 emission reductions using the Burn Cleaner Fireplace
and Woodstove Change-out Program, a fireplace and woodstove change-out
incentive program that has been implemented within the District since
2006.
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\1\ 2018 PM2.5 Plan, ES-8.
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The enforceable commitment obligates SJVUAPCD to achieve specific
amounts of PM2.5 emission reductions through implementation
of their fireplace and woodstove change-out program, to submit annual
reports to the EPA detailing its implementation of the program and the
projected emission reductions, and to adopt and submit substitute
measures by specific dates if the EPA determines that this program will
not achieve the necessary emission reductions. The EPA's technical
support document (TSD) has more information about the measure.
II. The EPA's Evaluation and Proposed Action
A. How is the EPA evaluating the measure?
Generally, SIP control measures 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 emission reductions (see CAA section 193).
The CAA explicitly provides for the use of economic incentive
programs (EIPs) as one tool for states to use to achieve attainment of
the PM2.5 NAAQS.\2\ EIPs use market-based strategies to
encourage the reduction of emissions from stationary, area, and mobile
sources in an efficient manner. The EPA has promulgated regulations for
statutory EIPs required under section 182(g) of the Act and has issued
guidance for discretionary EIPs.\3\
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\2\ See, e.g., CAA section 110(a)(2)(A), 172(c)(6), and
183(e)(4).
\3\ 59 FR 16690 (April 7, 1994), codified at 40 CFR part 51,
subpart U and EPA, ``Improving Air Quality with Economic Incentive
Programs,'' January 2001. A ``discretionary economic incentive
program'' is ``any EIP submitted to the EPA as an implementation
plan revision for purposes other than to comply with the statutory
requirements of sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g)
of the Act.'' 40 CFR 51.491.
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The EPA's guidance documents addressing EIPs and other
nontraditional programs provide for some flexibility in meeting
established SIP requirements for enforceability and quantification of
emission reductions, provided the State takes clear responsibility for
ensuring that the emission reductions necessary to meet applicable CAA
requirements are achieved. Accordingly, the EPA has consistently stated
that nontraditional emission reduction measures submitted to satisfy
SIP requirements under the Act must be accompanied by appropriate
``enforceable commitments'' from the State to monitor emission
reductions achieved and to rectify shortfalls in a timely manner.\4\
The EPA has also consistently stated that, where a state intends to
rely on a nontraditional program to satisfy CAA requirements, the state
must demonstrate that the program achieves emission reductions that are
quantifiable, surplus, enforceable, and permanent.\5\
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\4\ See, e.g., ``Guidance for Quantifying and Using Emission
Reductions from Voluntary Woodstove Changeout Programs in State
Implementation Plans,'' January 2006, page 7.
\5\ See, e.g., ``Improving Air Quality with Economic Incentive
Programs,'' January 2001, section 4.1.
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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. ``Guidance on Incorporating Voluntary Mobile Source Emission
Reduction Programs in State Implementation Plans (SIPs),'' Richard D.
Wilson, Acting Assistant Administrator for Air and Radiation, October
24, 1997.
2. ``Improving Air Quality with Economic Incentive Programs,'' EPA-
452/R-01-001, OAQPS, January 2001.
3. ``Incorporating Emerging and Voluntary Measure in a State
Implementation Plan (SIP),'' OAQPS, September 2004.
4. ``Guidance on Incorporating Bundled Measures in a State
Implementation Plan,'' Stephen D. Page, OAQPS, and Margo Oge, OTAQ,
August 16, 2005.
5. ``Guidance for Quantifying and Using Emission Reductions from
Voluntary Woodstove Changeout Programs in State Implementation Plans,''
EPA-456/B-06-001, OAQPS, January 2006.
B. Does the measure meet the evaluation criteria?
The Burn Cleaner Incentive Measure contains clear and mandatory
obligations that are enforceable against the SJVUAPCD and ensures that
information about the emission reductions achieved through the
identified incentive programs will be readily available to the public
through SJVUAPCD submission of annual demonstration reports to the EPA.
Our approval of the Burn Cleaner Incentive Measure would make these
obligations enforceable by the EPA and by citizens
[[Page 22980]]
under the CAA. The Burn Cleaner Incentive Measure obligates the
District to achieve quantifiable, surplus, permanent, and enforceable
PM2.5 emission reductions through the Burn Cleaner Fireplace
and Woodstove Change-out Program, fund projects that achieve these
emission reductions, and track the progress of these emission
reductions. The Burn Cleaner Incentive Measure does not alter any
existing SIP requirements. Our approval of the Burn Cleaner Incentive
Measure into the SIP would strengthen the SIP and would not interfere
with applicable requirements concerning attainment and reasonable
further progress or other CAA requirements, consistent with the
requirements of CAA section 110(l). Section 193 of the CAA does not
apply to this action because this measure does not modify any SIP
control requirement that was in effect before November 15, 1990.
We are proposing to find that the Burn Cleaner Incentive Measure
meets CAA requirements for enforceability, SIP revisions, and
nontraditional emission reduction programs as interpreted in EPA
guidance documents. The TSD has more information on our evaluation.
C. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted measure because it fulfills all relevant
requirements. We are proposing to codify this measure as additional
material in the Code of Federal Regulations, rather than through
incorporation by reference, because, under its terms, the measure
contains commitments enforceable only against the District and because
the measure is not a substantive rule of general applicability. We will
accept comments from the public on this proposal until May 15, 2023. If
we take final action to approve the submitted measure, our final action
will incorporate this measure into the federally enforceable SIP.
III. 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);
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); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The State did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. If
finalized, due to the nature of the action being taken here, this
action is expected to have a neutral to positive impact on the air
quality of the affected area. Consideration of EJ is not required as
part of this action, and there is no information in the record
inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
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 6, 2023.
Kerry Drake,
Acting Regional Administrator, Region IX.
[FR Doc. 2023-07724 Filed 4-13-23; 8:45 am]
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