[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83034-83036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26013]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0076; FRL-10663-02-R9]


Air Plan Revisions; 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) portion of the California State 
Implementation Plan (SIP). This revision concerns emissions of 
particulate matter (PM) from wood burning devices. We are approving a 
local measure that regulates these emission sources under the Clean Air 
Act (CAA or the Act).

DATES: This rule is effective December 28, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2023-0076. 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 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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 14, 2023 (88 FR 22978), the EPA proposed to approve the 
following measure into the California SIP.

                                           Table 1--Submitted Measure
----------------------------------------------------------------------------------------------------------------
          Local agency             Resolution No.        Measure title           Adopted           Submitted
----------------------------------------------------------------------------------------------------------------
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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    We proposed to approve this measure because we determined that it 
complies with the relevant CAA requirements. Our proposed action 
contains more information on the measure 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 three public comments. The first two 
comments fail to identify any issue that is germane to our action on 
the measure and are outside the scope of this rulemaking. One of these 
comments included offensive content and was therefore not posted to the 
public docket. The other comment discusses wildfires and vehicle 
emissions. Our response to the third comment from Sheraz Gill, Deputy 
Air Pollution Control Officer (APCO) of SJVUAPCD, is below.
    Comment: After providing a summary of the measure, the commenter 
expresses concerns that, although the measure meets all four integrity 
elements necessary for an incentive measure to be fully approvable into 
the SIP, the EPA has chosen to not give SIP emission reduction credit. 
The commenter states ``. . . the District is concerned with EPA's 
proposed approval not including emission reduction credit for this 
measure, as the program has achieved and will continue to achieve 
significant emissions reductions in the San Joaquin Valley.'' The 
commenter recommends that the EPA include in our final approval of this 
measure SIP credit for the specific emission reductions quantified.
    Response: As explained in our proposal, SJVUAPCD regulates a 
PM2.5 nonattainment area classified as Serious for the 1997 
(24-hour 65 [mu]g/m\3\ and annual 15 [mu]g/m\3\ limit), 2006 (24-hour 
35 [mu]g/m\3\ limit), and 2012 (annual 12 [mu]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 2018 
PM2.5 Plan includes aggregate emissions reduction 
commitments by the SJVUAPCD to achieve an additional 1.30 tons per day 
(tpd), annual average, direct PM2.5

[[Page 83035]]

emission reductions by 2024 and 2025 for the 35 [mu]g/m\3\ 2006 24-hour 
PM2.5 NAAQS and 12 [mu]g/m\3\ 2012 annual PM2.5 
NAAQS, respectively. The Burn Cleaner Incentive Measure was intended to 
fulfill a portion of these aggregate emission reduction commitments, by 
achieving 0.33 tpd of direct PM2.5 emission reductions by 
2024 and 2025, on an annual average basis.
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    \1\ 2018 PM2.5 Plan, ES-8.
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    However, as noted in our Technical Support Document (TSD), the 
Ninth Circuit vacated and remanded a portion of the EPA's approval of 
the 2006 24-hour PM2.5 NAAQS portions of the 2018 
PM2.5 Plan on April 13, 2022.\2\ Therefore, further work is 
needed to evaluate the emissions reductions necessary to attain the 
2006 NAAQS by 2024. Additionally, on October 27, 2022, CARB withdrew 
the portions of the 2018 PM2.5 Plan pertaining to the 
Serious area plan requirements for the 2012 annual PM2.5 
NAAQS.\3\ As a result, the State will need to submit a new attainment 
plan for the 2012 PM2.5 NAAQS. Therefore, the EPA will 
evaluate emission reductions associated with Burn Cleaner Incentive 
Measure in the context of future attainment plan actions for the 2006 
and 2012 PM2.5 NAAQS.
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    \2\ Medical Advocates for Healthy Air v. EPA, Case No. 20-72780, 
Dkt. #58-1 (9th Cir., April 13, 2022).
    \3\ Letter from Steven Cliff, Executive Officer, CARB, to Martha 
Guzman, Regional Administrator, EPA Region IX, dated October 27, 
2022.
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III. EPA Action

    No comments were submitted that change our assessment of the 
measure as described in our proposed action. Therefore, as authorized 
in section 110(k)(3) of the Act, the EPA is fully approving this 
measure into the California SIP.
    As stated within the EPA's proposed action, we are codifying 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.

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 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     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 Clean Air Act.
    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. 
The 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.'' The 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. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
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.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 29, 2024. 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: November 20, 2023.
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:

[[Page 83036]]

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 paragraph (c)(606) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (606) The following materials were submitted on March 17, 2022, by 
the Governor's designee as an attachment to a letter dated March 16, 
2022.
    (i) [Reserved]
    (ii) Additional materials. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) San Joaquin Valley Unified Air Pollution Control District 
Resolution No. 21-11-7, In the Matter of: State Implementation Credit 
for Residential Wood Burning Device Change-Out Incentive Measure, 
adopted on November 18, 2021.
    (2) [Reserved]
    (B) [Reserved]
* * * * *
[FR Doc. 2023-26013 Filed 11-27-23; 8:45 am]
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