[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Rules and Regulations]
[Pages 6736-6740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01332]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0849; FRL-9760-4]
Revisions to the California State Implementation Plan, Placer
County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Placer County Air Pollution Control District (PCAPCD) portion of the
California State Implementation Plan (SIP). These revisions concern
Volatile Organic Compound (VOC), oxides of nitrogen (NOX),
and particulate matter (PM) emissions from open burning. We are
approving local rules that regulate this emission source under the
Clean Air Act (CAA or the Act).
DATES: This rule is effective on April 1, 2013 without further notice,
unless EPA receives adverse comments by March 4, 2013. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0849, by one of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
2. Email: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). To inspect the hard copy
materials, please schedule an appointment during normal business hours
with the contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Rynda Kay, EPA Region IX, (415) 947-
4118, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation criteria?
C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Final Action
III. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rules did the State submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agency and submitted by the California
Air Resources Board (CARB).
Table 1--Submitted Rules
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Rule
Local agency No. Rule title Amended Submitted
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PCAPCD..................................... 102 Definitions....................... 02/09/12 04/25/12
PCAPCD..................................... 301 Nonagricultural Burning Smoke 02/09/12 09/21/12
Management.
PCAPCD..................................... 302 Agricultural Waste Burning Smoke 02/09/12 09/21/12
Management.
PCAPCD..................................... 303 Prescribed Burning Smoke 02/09/12 09/21/12
Management.
PCAPCD..................................... 304 Land Development Burning Smoke 02/09/12 09/21/12
Management.
PCAPCD..................................... 305 Residential Allowable Burning..... 02/09/12 09/21/12
[[Page 6737]]
PCAPCD..................................... 306 Open Burning of Nonindustrial Wood 02/09/12 09/21/12
Waste at Designated Disposal
Sites.
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On January 7, 2012 and October 11, 2012, EPA determined that the
submittals for PCAPCD Rule 102 and PCAPCD Rules 301-306 respectively,
met the completeness criteria in 40 CFR Part 51 Appendix V, which must
be met before formal EPA review.
B. Are there other versions of these rules?
We approved an earlier version of Rule 102 into the SIP on June 29,
1999 (64 FR 34558). PCAPCD adopted revisions to the SIP-approved
version on February 9, 2012 and CARB submitted them to us on April 25,
2012.
PCAPCD has jurisdiction over portions of the Lake Tahoe Air Basin
(LTAB), Mountain Counties Air Basin (MCAB), and Sacramento Valley Air
Basin (SVAB). From 1979-1986 these air basin portions adopted open
burning regulations, which were approved by us for inclusion into the
SIP. On October 19, 1993 PCAPCD adopted a unified set of 25 open
burning rules to apply district-wide, replacing the rules governing
each air basin portion. CARB submitted them to us on November 30, 1994.
EPA staff identified several approvability issues with the submitted
rules and on May 21, 1999 PCAPCD requested that ARB withdraw these
rules to be replaced with a revised submittal at a later date.
On February 10, 2011, PCAPCD adopted six new open burning rules
(PCAPCD Rules 301-306), which updated and consolidated the 25 open
burning rules, and submitted them to us on September 27, 2011. PCAPCD
adopted revisions to Rules 301-306 on February 9, 2012 and CARB
submitted them to us on September 21, 2012 to apply district-wide and
requested that they supersede the individual air basin SIP approved
rules listed in Table 2 below. While we can act on only the most
recently submitted version, we have reviewed materials provided with
previous submittals.
Table 2--Rules To Be Superseded
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Adopted/
Local agency Rule No. Rule title amended EPA approval (citation)
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LTAB.............................. 301 Prohibitions on Open 06/19/79 05/18/81 (46 FR 27115)
Burning.
LTAB.............................. 302 Burning Permits..... 06/19/79 05/18/81 (46 FR 27115)
LTAB.............................. 303 Permit Validity..... 06/19/79 05/18/81 (46 FR 27115)
LTAB.............................. 304 No Burn Days........ 06/19/79 05/18/81 (46 FR 27115)
LTAB.............................. 305 Agricultural Burning 06/19/79 05/18/81 (46 FR 27115)
Reports.
LTAB.............................. 306 Amount Burned Daily. 06/19/79 05/18/81 (46 FR 27115)
LTAB.............................. 307 Approved Ignition 06/19/79 05/18/81 (46 FR 27115)
Devices.
LTAB.............................. 308 Restricted Burning 06/19/79 05/18/81 (46 FR 27115)
Days.
LTAB.............................. 310 Minimum Drying Times 06/19/79 05/18/81 (46 FR 27115)
LTAB.............................. 311 Exceptions to Rule 06/19/79 05/18/81 (46 FR 27115)
310.
LTAB.............................. 312 Burning of Rice N/A 06/14/78 (43 FR 25684)
Straw and Stubble.
LTAB.............................. 312 Preparation of 06/19/79 05/18/81 (46 FR 27115)
Materials to be
Burned.
LTAB.............................. 313 Burning of 06/19/79 05/18/81 (46 FR 27115)
Agricultural Waste.
LTAB.............................. 314 Range Improvement 06/19/79 05/18/81 (46 FR 27115)
Burning.
LTAB.............................. 315 Forest Management 06/19/79 05/18/81 (46 FR 27115)
Burning.
LTAB.............................. 317 Right of Way 06/19/79 05/18/81 (46 FR 27115)
Clearing and Levee,
Ditch and Reservoir
Maintenance Burning.
LTAB.............................. 318 Open Burning 06/19/79 05/18/81 (46 FR 27115)
Conducted by Public
Officers.
LTAB.............................. 319 Hazard Reduction 06/19/79 05/18/81 (46 FR 27115)
Burning.
MCAB/SVAB......................... 301 Prohibitions on Open 04/21/81 04/23/82 (47 FR 17486)
Burning.
MCAB/SVAB......................... 302 Burning Permits..... 06/19/79 05/18/81 (46 FR 27115)
MCAB/SVAB......................... 304 Permit Validity..... 06/19/79 05/18/81 (46 FR 27115)
MCAB/SVAB......................... 305 No Burn Days........ 05/27/86 04/10/89 (54 FR 14224)
MCAB/SVAB......................... 306 Exceptions to Rule 04/21/81 04/23/82 (47 FR 17486)
305.
MCAB/SVAB......................... 307 Agricultural Burning 05/20/85 07/12/90 (55 FR 28622)
Reports.
MCAB/SVAB......................... 308 Amount Burned Daily. 06/19/79 05/18/81 (46 FR 27115)
MCAB/SVAB......................... 309 Approved Ignition 06/19/79 05/18/81 (46 FR 27115)
Devices.
MCAB/SVAB......................... 310 Restricted Burning 06/19/79 05/18/81 (46 FR 27115)
Days.
MCAB/SVAB......................... 312 Minimum Drying 06/19/79 05/18/81 (46 FR 27115)
Times, Sections A,
B, and E.
MCAB/SVAB......................... 312 Minimum Drying 05/20/85 02/03/87 (52 FR 3226)
Times, Section C.
MCAB/SVAB......................... 313 Exceptions to Rule 06/19/79 05/18/81 (46 FR 27115)
312.
MCAB/SVAB......................... 314 Preparation of 06/19/79 05/18/81 (46 FR 27115)
Materials to be
Burned, Sections A-
C.
MCAB/SVAB......................... 314 Preparation of 05/20/85 02/03/87 (52 FR 3226)
Materials to be
Burned, Section D.
MCAB/SVAB......................... 315 Burning of 06/19/79 05/18/81 (46 FR 27115)
Agricultural Waste,
Section A.
MCAB/SVAB......................... 315 Burning of 05/20/85 02/03/87 (52 FR 3226)
Agricultural Waste,
Sections B-H.
MCAB/SVAB......................... 316 Range Improvement 06/19/79 05/18/81 (46 FR 27115)
Burning.
MCAB/SVAB......................... 317 Forest Management 06/19/79 05/18/81 (46 FR 27115)
Burning.
MCAB/SVAB......................... 319 Right of Way 06/19/79 05/18/81 (46 FR 27115)
Clearing and Levee,
Ditch and Reservoir
Maintenance Burning.
MCAB/SVAB......................... 320 Open Burning 06/19/79 05/18/81 (46 FR 27115)
Conducted by Public
Officers, Sections
A-E.
[[Page 6738]]
MCAB/SVAB......................... 320 Open Burning 05/20/85 02/03/87 (52 FR 3226)
Conducted by Public
Officers, Preamble.
MCAB/SVAB......................... 321 Hazard Reduction 06/19/79 05/18/81 (46 FR 27115)
Burning.
MCAB/SVAB......................... 324 Residential Rubbish 05/20/85 02/03/87 (52 FR 3226)
Burning.
MCAB/SVAB......................... 325 Recreational Open 04/21/81 04/23/82 (47 FR 17486)
Fires.
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C. What is the purpose of the submitted rule revisions?
VOCs and NOX help produce ground-level ozone and smog,
which harm human health and the environment. PM emissions are also
harmful to human health and the environment, by causing, among other
things, 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 VOCs,
NOX, and PM emissions. Rules 301-306 limit emissions of air
pollutants, including VOCs, NOX and PM, which result from
open burning.
The purpose of Rules 301-306 was to reorganize the District's
existing rules into six new rules based on burn type, for clarity and
ease of understanding; to incorporate amendments to the California Code
of Regulations, Title 17, Division 3, Chapter 1, Subchapter 2, Smoke
Management Guidelines for Agricultural and Prescribed Burning; to
incorporate the requirements of California Code of Regulations, Title
17, Division 3, Subchapter 7.5, Sec. 93113, Airborne Toxic Control
Measure to Reduce Emissions of Toxic Air Contaminants from Outdoor
Residential Waste Burning; and to address approvability issues
identified in previous SIP submittals. Rule 102 adds new or revised
definitions associated with Rules 301-306, as well as several other
minor administrative revisions. EPA's technical support documents
(TSDs) for these rules have more information about these rules.
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act) and must not relax existing requirements (see sections 110(l) and
193).
Guidance and policy documents that we use to evaluate
enforceability requirements consistently include the following:
1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations; Clarification to Appendix D of November 24, 1987 Federal
Register Notice,'' (Blue Book), notice of availability published in the
May 25, 1988 Federal Register.
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
PCAPCD regulates an ozone nonattainment area (40 CFR Part 81).\1\
CAA Sec. 172(c)(1) requires nonattainment areas to implement all
reasonably available control measures (RACM) as expeditiously as
practicable. Open burning emits PM10 and PM2.5
directly, as well as VOCs and NOX, which are precursors to
ozone and PM2.5. Therefore, PCAPCD must implement RACM for
open burning if those measures will advance attainment of the National
Ambient Air Quality Standard (NAAQS) for PM2.5 or ozone,
when considered collectively with other reasonable measures. Additional
control measures may be required pursuant to CAA Sec. 172(c)(1) if
both: (1) Additional measures are reasonably available; and (2) these
additional reasonably available measures will advance attainment in the
area when considered collectively.
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\1\ PCAPCD also regulates a nonattainment area under the 2006
24-Hour PM2.5 NAAQS. 40 CFR 81.305 (2010). By December
14, 2012, California must submit a revision to the SIP for this
nonattainment area that provides for, among other things,
implementation of all RACM as expeditiously as practicable
(including RACT for existing sources). CAA section 172(a)(2)(A), (b)
& (c)(1), 74 FR 58689 (Nov. 13, 2009). EPA will take action on this
RACM demonstration in a separate future rulemaking.
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PCAPCD is currently designated attainment for PM10 (40
CFR 81.305). Accordingly, PCAPCD is not subject to the requirement to
implement Best Available Control Measures (BACM) for PM10
and PM10 precursors in CAA Sec. 189(b) and (e). Therefore,
we are not evaluating the rules for compliance with BACM requirements.
B. Do the rules meet the evaluation criteria?
The changes in Rule 102, Definitions, are administrative only and
are consistent with the relevant policy and guidance regarding
enforceability and SIP relaxations.
Rules 301-306 increase enforceability by increasing clarity of
requirements through having all information related to a burn type in
one rule, by providing new definitions, and by increasing specificity
on permit and recordkeeping requirements. Several provisions in the
submitted rules, however, provide for Air Pollution Control Officer
(APCO) discretion to allow burning on a No-Burn Day. EPA generally
discourages SIP provisions that allow APCO discretion to independently
interpret the SIP, but acknowledges that such ``director's discretion
may be appropriate if explicit and replicable procedures within the
rule tightly define how the discretion will be exercised,'' (see e.g.,
the Little Blue Book and 52 FR 45109, November 24, 1987). We believe
that all such revisions in Rules 301-306 include appropriate
limitations on APCO's discretion as discussed in detail the TSD.
Rule 301-306 revisions were primarily editorial to provide a
consolidated rule set and improve clarity. There are, however, several
Local Rules used in the consolidation which were not previously
approved into the SIP. Additionally, several new provisions are
included that are less stringent than the SIP approved rules. At this
time, we believe all revisions are reasonable and appropriately limited
and would not cause adverse affect on the NAAQS or reasonable further
progress (CAA section 110(l)) as evaluated in detail in the TSD.
We believe the current Rules 301-306 require all control measures
that are ``reasonably available'' considering technologic and economic
feasibility, for reasons including the following: (1) PCAPCD Rules 302-
303 implement more detailed smoke management requirements and burn
authorizations for agricultural burning. EPA previously identified the
implementation of a smoke management program for prescribed and
agricultural burning as RACM level controls for PM10. (2)
Rule revisions (as detailed in the TSD) do not interfere with
attainment of the NAAQS or reasonable further progress and
[[Page 6739]]
overall strengthen the SIP. 3) We have compared the control
requirements in PCAPCD Rules 301-306 with analogous rules in other
local districts and believe they are generally as stringent as those
rules. Where they are less stringent (e.g., areas of high elevation and
low population), PCAPCD has provided reasonable justifications.
C. EPA Recommendations To Further Improve the Rules
The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rules.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by March 4, 2013, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on April 1, 2013. This will incorporate the
rules into the federally enforceable SIP, which will supersede rules
listed in Table 2.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, 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, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air 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 Order
12866 (58 FR 51735, October 4, 1993);
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 EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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. 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 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 April 1, 2013. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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: November 19, 2012.
Jared Blumenfeld,
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)(419) (i)(B)
and(423)to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(419) * * * *
(i) * * *
(B) Placer County Air Pollution Control District
[[Page 6740]]
(1) Rule 102, ``Definitions,'' amended February 9, 2012.
* * * * *
(423) New and amended regulations for the following APCDs were
submitted on September 21, 2012, by the Governor's designee. (i)
Incorporation by reference.
(A) Placer County Air Pollution Control District
(1) Rule 301, ``Nonagricultural Burning Smoke Management,'' amended
on February 9, 2012.
(2) Rule 302, ``Agricultural Waste Burning Smoke Management,''
amended on February 9, 2012.
(3) Rule 303, ``Prescribed Burning Smoke Management,'' amended on
February 9, 2012.
(4) Rule 304, ``Land Development Burning Smoke Management,''
amended on February 9, 2012.
(5) Rule 305, ``Residential Allowable Burning,'' amended on
February 9, 2012.
(6) Rule 306, ``Open Burning of Nonindustrial Wood Waste at
Designated Disposal Sites,'' amended on February 9, 2012.
[FR Doc. 2013-01332 Filed 1-30-13; 8:45 am]
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