21540 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0914; FRL–9776–8] 

Revisions to the California State 

Implementation Plan, Butte County Air 

Quality Management District and 

Sacramento Metropolitan Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Butte 

County Air Quality Management District 

(BCAQMD) and Sacramento 

Metropolitan Air Quality Management 

District (SMAQMD) portions of the 

California State Implementation Plan 

(SIP). These revisions concern volatile 

organic compound (VOC), oxides of 

nitrogen (NOX), and particulate matter 

(PM) emissions from residential wood 

burning devices. We are approving local 

rules that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: These rules are effective on June 

10, 2013 without further notice, unless 

EPA receives adverse comments by May 

13, 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 EPA–R09–OAR–2012– 

0914, by one of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-Mail: steckel.andrew@epa.gov. 

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, Kay.Rynda@epa.gov. 

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 

rules? 

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. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted/ 

amended Submitted 

BCAQMD .................................... 207 Wood Burning Devices ................................................................... 12/11/08 04/25/12 

SMAQMD .................................... 417 Wood Burning Appliances .............................................................. 10/26/06 09/21/12 

On June 7, 2012 and October 11, 2012, 

EPA determined that the submittals for 

BCAQMD Rule 207 and SMAQMD Rule 

417 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? 

There are no previous versions of 

Rules 207 and 417 in the SIP. 

C. What is the purpose of the submitted 

rules? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. NOX helps 

produce ground-level ozone, smog and 

particulate matter, which harm human 

health and the environment. PM 

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 

VOC, NOX, and PM emissions. Rules 

207 and 417 are designed to minimize 

the impacts of smoke and other air 

pollutants generated during the use of 

wood burning devices. 

BCAQMD Rule 207 includes 

requirements that (a) Retailers of wood 

burning devices provide public 

awareness materials with each wood 

burning device sold, (b) newly installed 

wood burning devices be Districtapproved and inspected upon 

installation, (c) all newly installed 

outdoor wood-fired boilers meet certain 

EPA or equivalent emission standards, 

(d) no person shall advertise, sell, 

supply, or transfer ownership of a used 

wood burning device, unless it has been 

deemed permanently inoperable or is a 

District-approved device, and (e) fuel 


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Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21541 

used in wood burning devices include 

only firewood or other wood/plantbased products. The rule also outlines 

the criteria for District-approval of wood 

burning devices and exempts devices 

deemed of historical significance or 

those transferred via property sale. 

EPA’s technical support document 

(TSD) has more information about this 

rule, including identification of several 

additional control options that are 

generally reasonably available. 

SMAQMD Rule 417 includes 

requirements that (a) No person sell, 

offer for sale, supply, install or transfer 

a wood burning appliance unless it is a 

U.S. EPA Phase II wood burning heater, 

a pellet fueled or masonry heater, or an 

appliance or fireplace that meets the 

emission standard set forth in 40 CFR 

Part 60 Subpart AAA and is approved 

by the Air Pollution Control Officer 

(APCO), (b) retailers of wood burning 

devices provide public awareness 

materials with each wood burning 

device sold, (c) no person advertise, sell, 

supply, or transfer ownership of a used 

wood burning device, unless it has been 

deemed permanently inoperable or is an 

approved device, (d) the burning of 

materials not intended for use in a 

fireplace/heater is prohibited, and (e) 

wood sold within the District as 

‘‘seasoned’’ or ‘‘dry’’ must have a 

moisture content of 20 percent or less by 

weight. The TSD has more information 

about this rule, including the basis and 

conclusion that the rule requires all 

control measures that are reasonably 

available. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating these 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). 

Effective December 14, 2009, EPA 

designated portions of Chico (Butte 

County), California and Sacramento, 

California as nonattainment for the 2006 

24-Hour PM2.5 National Ambient Air 

Quality Standard (NAAQS). 40 CFR 

81.305 (2010); 74 FR 58688, 58705– 

58706 (November 13, 2009). For 

nonattainment areas, a State 

Implementation Plan (SIP) submittal 

addressing implementation of all 

Reasonably Available Control Measures 

(RACM) as expeditiously as practicable, 

including Reasonably Available Control 

Technology (RACT) for existing sources 

was due by December 14, 2012. CAA 

§ 172(b) & (c)(1), 74 FR 58689, 

September 21, 2012. On October 26, 

2012 and October 30, 2012 EPA 

published proposed determinations that 

the Sacramento and Chico 

nonattainment areas had attained the 

2006 24-hour PM2.5 NAAQS based upon 

complete, quality-assured, and certified 

ambient air monitoring data showing 

that these areas had monitored 

attainment of the 2006 24-hour PM2.5

NAAQS based on the 2009–2011 

monitoring period. See 77 FR 65346 and 

77 FR 65651. If EPA finalizes the 

determinations of attainment, the 

requirements for these areas to submit 

an attainment demonstration, together 

with RACM, a reasonable further 

progress (RFP) plan, and contingency 

measures for failure to meet RFP and 

attainment deadlines would be 

suspended for so long as the areas 

continues to attain the 2006 24-hour 

PM2.5 NAAQS. For purposes of 

implementing the 2006 PM2.5 NAAQS, 

EPA recommends that states evaluate 

potential RACM/RACT control 

measures for sources of direct PM2.5

(including condensable PM), SO2, and 

NOx in specific nonattainment areas, 

consistent with the approach to 

evaluating RACM/RACT provided in 

EPA’s implementing regulations for the 

1997 PM2.5 NAAQS at 40 CFR part 51, 

subpart Z. See Memorandum from 

Stephen D. Page, Director, EPA Office of 

Air Quality Planning and Standards to 

Regional Air Directors, Regions I–X, 

‘‘Implementation Guidance for the 2006 

24-Hour Fine Particle (PM2.5) National 

Ambient Air Quality Standards 

(NAAQS).’’ If EPA does not finalize the 

determinations of attainment for the 

Chico and Sacramento nonattainment 

areas, the BCAQMD and SMAQMD will 

need to adopt as RACM/RACT any 

potential PM2.5, SO2, or NOx control 

measures that are reasonably available 

considering technological and economic 

feasibility and that would, considered 

collectively, advance the attainment 

date by one year or more in the Chico 

or Sacramento nonattainment area. Id. 

Because Rules 207 and 417 regulate 

direct PM2.5 emissions from residential 

wood-burning devices, the BCAQMD 

and SMAQMD should consider whether 

reasonably available control measures 

for these emission sources could, in 

combination with other reasonably 

available control measures, advance 

attainment of the 2006 PM2.5 NAAQS in 

the area by at least one year. If 

necessary, in separate rulemakings, EPA 

will act on the State’s RACM 

demonstration for the 2006 PM2.5

standard based on an evaluation of the 

control measures submitted as a whole 

and their overall potential to advance 

the applicable attainment date in Chico, 

California and Sacramento, California. 

For additional control options for 

BCAQMD that are generally reasonably 

available see the Rule 207’s TSD’s 

‘‘Additional Recommendations for the 

Next Rule Revision’’. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, and SIP 

revisions. The TSDs have more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve The Rule 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agencies modify 

these 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 rule. If we receive adverse 

comments by May 13, 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 June 10, 2013. 

This will incorporate the rule into the 

federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of the rules and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rules that 

are not the subject of an adverse 

comment. 


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21542 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

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 June 10, 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: January 14, 2013. 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(419)(i)(C) and 

(c)(423)(i)(B) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(419) * * * 

(i) * * * 

(C) Butte County Air Quality 

Management District. 

(1) Rule 207, ‘‘Wood Burning 

Devices,’’ amended on December 11, 

2008. 

* * * * * 

(423) * * * 

(i) * * * 

(B) Sacramento Metropolitan Air 

Quality Management District. 

(1) Rule 417, ‘‘Wood Burning 

Appliances,’’ adopted on October 26, 

2006. 

[FR Doc. 2013–08246 Filed 4–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0828; FRL–9776–6] 

Revisions to the California State 

Implementation Plan, Santa Barbara 

County Air Pollution Control District 

and South Coast Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Santa 

Barbara County Air Pollution Control 

District (SBCAPCD) and South Coast Air 

Quality Management District 

(SCAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) and oxides of nitrogen 

(NOX) emissions from gas-fired fan-type 

central furnaces, small water heaters, 

and the transfer and dispensing of 

gasoline. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act (CAA or the 

Act). 


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