The EPA Regional Administrator, Jared Blumenfeld signed the following final 

rule on August 22, 2013 and EPA has submitted it for publication in the 

Federal Register (FR). While we have taken steps to ensure the accuracy of 

this Internet version of the final rule, it is not the official version of the 

final rule. Please refer to the official version in a forthcoming FR 

publication appearing on the Government Printing Office’s FDsys website, 

http://fdsys.gpo.gov/fdsys/search/home.action and on Regulation.gov in Docket 

Number EPA-R09-OAR-2013-0468, http://www.regulations.gov.

 ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2013-0468; FRL-] 

Revisions to the California State Implementation Plan, South 

Coast Air Quality Management District 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of revisions to the South 

Coast Air Quality Management District (SCAQMD) portion of the 

California State Implementation Plan (SIP). This action was 

proposed in the Federal Register on June 24, 2013 and concerns 

volatile organic compound (VOC), oxides of nitrogen (NOx), and 

particulate matter (PM) emissions from open burning and woodburning devices. We are approving local rules that regulate these 

emission sources under the Clean Air Act (CAA or the Act). 

DATES: These rules will be effective on [Insert date 30 days from 

the date of publication in the Federal Register]. 

ADDRESSES: EPA has established docket number EPA-R09-OAR-2013-

0468 for this action. Generally, documents in the docket for 

this action are available electronically at 

http://www.regulations.gov or in hard copy at EPA Region IX, 75 
This document is a prepublication version signed by EPA Regional Administrator 

Jared Blumenfeld on August 22, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

2 

Hawthorne Street, San Francisco, California 94105-3901. While 

all documents in the docket are listed at 

http://www.regulations.gov, some information may be publicly 

available only at the hard copy location (e.g., copyrighted 

material, large maps, multi-volume reports), and some may not be 

available in either location (e.g., confidential business 

information (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: Christine Vineyard, EPA Region 

IX, (415) 947-4125, vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” 

and “our” refer to 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 June 24, 2013 (78 FR 37757), EPA proposed to approve the 

following rules into the California SIP. 

Local 

Agency 

Rule # Rule Title Adopted Submitted 

 
This document is a prepublication version signed by EPA Regional Administrator 

Jared Blumenfeld on August 22, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

3 

Local 

Agency 

Rule # Rule Title Adopted Submitted 

SCAQMD 444 Open Burning 05/03/13 06/11/13 

SCAQMD 445 Wood Burning Devices 05/03/13 06/11/13 

 

We proposed to approve these rules because we determined 

that they complied with the relevant CAA requirements. Our 

proposed action contains more information on the rules and our 

evaluation. 

II. Public Comments and EPA Responses

EPA’s proposed action provided a 30-day public comment 

period. During this period, we received no comments. 

III. EPA Action

No comments were submitted. Therefore, as authorized in 

section 110(k)(3) of the Act, EPA is fully approving these rules 

into the California SIP. 

IV. 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 
This document is a prepublication version signed by EPA Regional Administrator 

Jared Blumenfeld on August 22, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

4 

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 (Public Law 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 
This document is a prepublication version signed by EPA Regional Administrator 

Jared Blumenfeld on August 22, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

5 

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 
This document is a prepublication version signed by EPA Regional Administrator 

Jared Blumenfeld on August 22, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

6 

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 [FEDERAL REGISTER 

OFFICE: insert date 60 days from date of publication of this 

document in the Federal Register]. 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, Nitrogen 

dioxide, Ozone, Particulate matter], Reporting and recordkeeping 

requirements, Volatile organic compounds. 

Dated: 08/22/2013 //Signed// 

 Jared Blumenfeld, 

Regional Administrator, 

Region IX. 
This document is a prepublication version signed by EPA Regional Administrator 

Jared Blumenfeld on August 22, 2013. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

7 

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 paragraph (c)(430) to 

read as follows: 

§52.220 Identification of plan. 

* * * * * 

(c) * * * 

(430) New and amended regulations for the following APCD was 

submitted on June 11, 2013 by the Governor’s Designee. 

(i) Incorporation by Reference. 

(A) South Coast Air Quality Management District. 

(1) Rule 444, “Open Burning,” adopted on May 3, 2013. 

(2) Rule 445, “Wood Burning Devices,” adopted on May 3, 2013. 

* * * * *