[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Rules and Regulations]
[Pages 45418-45419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18589]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0005; FRL-9996-59-Region 9]


Air Plan Approval; California; Imperial County 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 revisions to the Imperial County Air Pollution 
Control District (ICAPCD) portion of the California state 
implementation plan (SIP). These revisions concern emissions of 
particulate matter (PM) from open areas and wood burning appliances and 
update certain definitions relevant to stationary source permitting. We 
are approving local rules that regulate these emission sources under 
the Clean Air Act (CAA or the Act).

DATES: This rule is effective on September 30, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0005. 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.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 or by 
email at vineyard.christine@epa.gov.

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. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On May 3, 2019 (84 FR 19005), the EPA proposed to approve the 
following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                                                                     Adopted/
        Local agency            Rule No.                  Rule title                 amended/        Submitted
                                                                                      revised
----------------------------------------------------------------------------------------------------------------
ICAPCD.....................             101  Definitions........................        09/11/18        10/29/18
ICAPCD.....................             428  Wood Burning Appliances \1\........        09/11/18        10/29/18
ICAPCD.....................             429  Mandatory Episodic Curtailment of          09/11/18        10/29/18
                                              Wood and Other Solid Fuel Burning.
ICAPCD.....................             804  Open Areas.........................        09/11/18        10/29/18
----------------------------------------------------------------------------------------------------------------
\1\ We are not acting on the opacity limit in section E.4.2. of Rule 428 at this time. However, ICAPCD Rule 401
  has been approved into the California SIP (54 FR 5448 February 3, 1989) and established a 20% opacity limit
  that applies to most sources, including wood burning appliances. Our action on Rule 428 will not affect the
  applicability of this existing limit.

    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. Our proposed action contains 
more information on the rules 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 one comment, which expressed support 
for our proposed action.

III. EPA Action

    No comments were submitted that change our assessment of the rules 
as described in our proposed action. Therefore, as authorized in 
section 110(k)(3) of the Act, the EPA is fully approving these rules 
into the California SIP.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
ICAPCD rules described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
available through www.regulations.gov and at the EPA Region IX Office 
(please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section of this preamble for more information).

V. 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,

[[Page 45419]]

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, as appropriate, disproportionate human health or 
environmental effects, using practicable 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).
    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. The 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 October 28, 2019. 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: June 28, 2019.
 Deborah Jordan,
Acting 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)(424)(i)(A)(5), 
(c)(485)(i)(A)(4), and (c)(523) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (424) * * *
    (i) * * *
    (A) * * *
    (5) Previously approved on April 22, 2013 in paragraph 
(c)(424)(i)(A)(2) of this section and now deleted with replacement in 
(c)(523)(i)(A)(4), Rule 804, ``Open Areas,'' amended on October 16, 
2012.
* * * * *
    (485) * * *
    (i) * * *
    (A) * * *
    (4) Previously approved on June 8, 2017 in paragraph 
(c)(485)(i)(A)(1) of this section and now deleted with replacement in 
(c)(523)(i)(A)(1), Rule 101, ``Definitions,'' revised on February 9, 
2016.
* * * * *
    (523) New and amended regulations for the following Air Pollution 
Control Districts were submitted on October 29, 2018 by the Governor's 
Designee.
    (i) Incorporation by reference. (A) Imperial County Air Pollution 
Control District.
    (1) Rule 101, ``Definitions,'' revised on September 11, 2018.
    (2) Rule 428, ``Wood Burning Appliances'' except section E.4.2, 
adopted on September 11, 2018.
    (3) Rule 429, ``Mandatory Episodic Curtailment of Wood and Other 
Solid Fuel Burning,'' adopted on September 11, 2018.
    (4) Rule 804, ``Open Areas,'' revised on September 11, 2018.

[FR Doc. 2019-18589 Filed 8-28-19; 8:45 am]
 BILLING CODE 6560-50-P


