[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Proposed Rules]
[Pages 51178-51180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23896]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0404; FRL-9970-32-Region 9]


Approval of California Air Plan Revisions, Northern Sierra Air 
Quality Management 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 Northern Sierra Air Quality Management 
District (NSAQMD) 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 rule 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: Any comments must arrive by December 4, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0404 at http://www.regulations.gov, or via email to Christine 
Vineyard, Rulemaking Office at [email protected]. For comments 
submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

[[Page 51179]]


FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 
(415) 947-4125, [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 rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 describes the ordinance addressed by this proposal with the 
date that it was adopted by the City of Portola. NSAQMD submitted the 
ordinance to the California Air Resources Board (CARB). CARB then 
submitted the ordinance to the EPA for approval into the NSAQMD's 
portion of the California SIP on the date described below.

                                                                 Table 1--Submitted Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Local agency                                  Rule No.                              Rule title                 Adopted        Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
NSAQMD, City of Portola..................  Ordinance No. 344, Municipal Code Chapter    Wood Stove and Fireplace                06/22/16        01/24/17
                                            15.10 (except paragraphs 15.10.060(B),       Ordinance.
                                            15.10.090 and 15.10.100).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On April 17, 2017, the EPA determined that the submittal for City 
of Portola Ordinance 344 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 this rule?

    There are no previous versions of Ordinance 344 in the SIP.

C. What is the purpose of the submitted rule?

    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), contributes 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. Ordinance 344 controls PM emissions by establishing 
requirements for new and existing wood burning devices, permitted 
fuels, mandatory curtailment during stagnant conditions, and 
educational materials. The EPA's technical support document (TSD) has 
more information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules 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 emissions 
reductions (see CAA section 193).
    Generally, SIP rules must implement Reasonably Available Control 
Measures (RACM), including Reasonably Available Control Technology 
(RACT), and additional reasonable measures in moderate PM2.5 
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C) and 40 
CFR 51.1009). The NSAQMD regulates a PM2.5 nonattainment 
area classified as moderate for the 2012 annual PM2.5 
Standard (40 CFR 81.305). A RACM evaluation is generally performed by 
the State and reviewed by the EPA in the context of a broader plan. The 
EPA will address the overall RACM and additional reasonable measures 
requirements at a later date when we act on the Portola 
PM2.5 attainment plan submitted by CARB to the EPA on 
February 28, 2017. In this action, we evaluate whether Rule 344 
implements RACM and additional reasonable measures for wood burning 
devices specifically.
    Guidance and policy documents that we use to evaluate 
enforceability and revision/relaxation requirements include the 
following:
    1. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Does the rule meet the evaluation criteria?

    This rule is consistent with CAA requirements and relevant guidance 
regarding enforceability and SIP revisions. The rule implements RACM/
RACT and additional reasonable measures for wood burning devices. The 
TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule because we believe it fulfills all 
relevant requirements. We will accept comments from the public on this 
proposal until December 4, 2017. If we take final action to approve the 
submitted rule, our final action will incorporate this rule into the 
federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the City of Portola ordinance described in Table 1 of this 
preamble. The EPA has made, and will continue to make, these materials 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER

[[Page 51180]]

INFORMATION CONTACT section of this preamble for more information).

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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 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, 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).

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: October 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-23896 Filed 11-2-17; 8:45 am]
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