[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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