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
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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), andparticulate 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, 75This 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 SubmittedThis 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 approvesThis 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 (15This 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 FederalThis 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

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* * * * * (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.

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