6736 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 

EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS

Name of source Permit No. State effective 

date EPA approval date Comments 

*******

Flint Hills Resources Pine Bend, 

LLC.

........................ 08/29/11 01/31/13, [INSERT PAGE NUMBER WHERE THE DOCUMENT 

BEGINS].

Amendment Nine to Findings and 

Order. 

* * * * * * * 

* * * * * 

[FR Doc. 2013–02019 Filed 1–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0849; FRL–9760–4] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) portion of the California State 

Implementation Plan (SIP). These 

revisions concern Volatile Organic 

Compound (VOC), oxides of nitrogen 

(NOX), and particulate matter (PM) 

emissions from open burning. We are 

approving local rules that regulate this 

emission source under the Clean Air Act 

(CAA or the Act). 

DATES: This rule is effective on April 1, 

2013 without further notice, unless EPA 

receives adverse comments by March 4, 

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 docket number EPA–R09– 

OAR–2012–0849, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: 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 

rule revisions? 

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 (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule 

No. Rule title Amended Submitted 

PCAPCD ......................................... 102 Definitions ............................................................................................... 02/09/12 04/25/12 

PCAPCD ......................................... 301 Nonagricultural Burning Smoke Management ....................................... 02/09/12 09/21/12 

PCAPCD ......................................... 302 Agricultural Waste Burning Smoke Management .................................. 02/09/12 09/21/12 

PCAPCD ......................................... 303 Prescribed Burning Smoke Management .............................................. 02/09/12 09/21/12 

PCAPCD ......................................... 304 Land Development Burning Smoke Management ................................. 02/09/12 09/21/12 

PCAPCD ......................................... 305 Residential Allowable Burning ................................................................ 02/09/12 09/21/12 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 6737 

TABLE 1—SUBMITTED RULES—Continued 

Local agency Rule 

No. Rule title Amended Submitted 

PCAPCD ......................................... 306 Open Burning of Nonindustrial Wood Waste at Designated Disposal 

Sites.

02/09/12 09/21/12 

On January 7, 2012 and October 11, 

2012, EPA determined that the 

submittals for PCAPCD Rule 102 and 

PCAPCD Rules 301–306 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? 

We approved an earlier version of 

Rule 102 into the SIP on June 29, 1999 

(64 FR 34558). PCAPCD adopted 

revisions to the SIP-approved version on 

February 9, 2012 and CARB submitted 

them to us on April 25, 2012. 

PCAPCD has jurisdiction over 

portions of the Lake Tahoe Air Basin 

(LTAB), Mountain Counties Air Basin 

(MCAB), and Sacramento Valley Air 

Basin (SVAB). From 1979–1986 these 

air basin portions adopted open burning 

regulations, which were approved by us 

for inclusion into the SIP. On October 

19, 1993 PCAPCD adopted a unified set 

of 25 open burning rules to apply 

district-wide, replacing the rules 

governing each air basin portion. CARB 

submitted them to us on November 30, 

1994. EPA staff identified several 

approvability issues with the submitted 

rules and on May 21, 1999 PCAPCD 

requested that ARB withdraw these 

rules to be replaced with a revised 

submittal at a later date. 

On February 10, 2011, PCAPCD 

adopted six new open burning rules 

(PCAPCD Rules 301–306), which 

updated and consolidated the 25 open 

burning rules, and submitted them to us 

on September 27, 2011. PCAPCD 

adopted revisions to Rules 301–306 on 

February 9, 2012 and CARB submitted 

them to us on September 21, 2012 to 

apply district-wide and requested that 

they supersede the individual air basin 

SIP approved rules listed in Table 2 

below. While we can act on only the 

most recently submitted version, we 

have reviewed materials provided with 

previous submittals. 

TABLE 2—RULES TO BE SUPERSEDED

Local agency Rule No. Rule title Adopted/ 

amended 

EPA approval 

(citation) 

LTAB ................................. 301 Prohibitions on Open Burning .................................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 302 Burning Permits .......................................................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 303 Permit Validity ............................................................. 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 304 No Burn Days ............................................................. 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 305 Agricultural Burning Reports ....................................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 306 Amount Burned Daily .................................................. 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 307 Approved Ignition Devices .......................................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 308 Restricted Burning Days ............................................. 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 310 Minimum Drying Times ............................................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 311 Exceptions to Rule 310 .............................................. 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 312 Burning of Rice Straw and Stubble ............................ N/A 06/14/78 (43 FR 25684) 

LTAB ................................. 312 Preparation of Materials to be Burned ....................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 313 Burning of Agricultural Waste ..................................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 314 Range Improvement Burning ...................................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 315 Forest Management Burning ...................................... 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 317 Right of Way Clearing and Levee, Ditch and Reservoir Maintenance Burning.06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 318 Open Burning Conducted by Public Officers ............. 06/19/79 05/18/81 (46 FR 27115) 

LTAB ................................. 319 Hazard Reduction Burning ......................................... 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 301 Prohibitions on Open Burning .................................... 04/21/81 04/23/82 (47 FR 17486) 

MCAB/SVAB ..................... 302 Burning Permits .......................................................... 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 304 Permit Validity ............................................................. 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 305 No Burn Days ............................................................. 05/27/86 04/10/89 (54 FR 14224) 

MCAB/SVAB ..................... 306 Exceptions to Rule 305 .............................................. 04/21/81 04/23/82 (47 FR 17486) 

MCAB/SVAB ..................... 307 Agricultural Burning Reports ....................................... 05/20/85 07/12/90 (55 FR 28622) 

MCAB/SVAB ..................... 308 Amount Burned Daily .................................................. 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 309 Approved Ignition Devices .......................................... 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 310 Restricted Burning Days ............................................. 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 312 Minimum Drying Times, Sections A, B, and E ........... 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 312 Minimum Drying Times, Section C ............................. 05/20/85 02/03/87 (52 FR 3226) 

MCAB/SVAB ..................... 313 Exceptions to Rule 312 .............................................. 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 314 Preparation of Materials to be Burned, Sections A–C 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 314 Preparation of Materials to be Burned, Section D ..... 05/20/85 02/03/87 (52 FR 3226) 

MCAB/SVAB ..................... 315 Burning of Agricultural Waste, Section A ................... 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 315 Burning of Agricultural Waste, Sections B–H ............. 05/20/85 02/03/87 (52 FR 3226) 

MCAB/SVAB ..................... 316 Range Improvement Burning ...................................... 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 317 Forest Management Burning ...................................... 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 319 Right of Way Clearing and Levee, Ditch and Reservoir Maintenance Burning.06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 320 Open Burning Conducted by Public Officers, Sections A–E.06/19/79 05/18/81 (46 FR 27115) 


tkelley on DSK3SPTVN1PROD with 
6738 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 

1PCAPCD also regulates a nonattainment area 

under the 2006 24-Hour PM2.5 NAAQS. 40 CFR 

81.305 (2010). By December 14, 2012, California 

must submit a revision to the SIP for this 

nonattainment area that provides for, among other 

things, implementation of all RACM as 

expeditiously as practicable (including RACT for 

existing sources). CAA section 172(a)(2)(A), (b) & 

(c)(1), 74 FR 58689 (Nov. 13, 2009). EPA will take 

action on this RACM demonstration in a separate 

future rulemaking. 

TABLE 2—RULES TO BE SUPERSEDED—Continued 

Local agency Rule No. Rule title Adopted/ 

amended 

EPA approval 

(citation) 

MCAB/SVAB ..................... 320 Open Burning Conducted by Public Officers, Preamble.05/20/85 02/03/87 (52 FR 3226) 

MCAB/SVAB ..................... 321 Hazard Reduction Burning ......................................... 06/19/79 05/18/81 (46 FR 27115) 

MCAB/SVAB ..................... 324 Residential Rubbish Burning ...................................... 05/20/85 02/03/87 (52 FR 3226) 

MCAB/SVAB ..................... 325 Recreational Open Fires ............................................. 04/21/81 04/23/82 (47 FR 17486) 

C. What is the purpose of the submitted 

rule revisions? 

VOCs and NOX help produce groundlevel ozone and smog, which harm 

human health and the environment. PM 

emissions are also harmful to human 

health and the environment, by causing, 

among other things, 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 

VOCs, NOX, and PM emissions. Rules 

301–306 limit emissions of air 

pollutants, including VOCs, NOX and 

PM, which result from open burning. 

The purpose of Rules 301–306 was to 

reorganize the District’s existing rules 

into six new rules based on burn type, 

for clarity and ease of understanding; to 

incorporate amendments to the 

California Code of Regulations, Title 17, 

Division 3, Chapter 1, Subchapter 2, 

Smoke Management Guidelines for 

Agricultural and Prescribed Burning; to 

incorporate the requirements of 

California Code of Regulations, Title 17, 

Division 3, Subchapter 7.5, § 93113, 

Airborne Toxic Control Measure to 

Reduce Emissions of Toxic Air 

Contaminants from Outdoor Residential 

Waste Burning; and to address 

approvability issues identified in 

previous SIP submittals. Rule 102 adds 

new or revised definitions associated 

with Rules 301–306, as well as several 

other minor administrative revisions. 

EPA’s technical support documents 

(TSDs) for these rules have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the 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). 

PCAPCD regulates an ozone 

nonattainment area (40 CFR Part 81).1

CAA § 172(c)(1) requires nonattainment 

areas to implement all reasonably 

available control measures (RACM) as 

expeditiously as practicable. Open 

burning emits PM10 and PM2.5 directly, 

as well as VOCs and NOX, which are 

precursors to ozone and PM2.5. 

Therefore, PCAPCD must implement 

RACM for open burning if those 

measures will advance attainment of the 

National Ambient Air Quality Standard 

(NAAQS) for PM2.5 or ozone, when 

considered collectively with other 

reasonable measures. Additional control 

measures may be required pursuant to 

CAA § 172(c)(1) if both: (1) Additional 

measures are reasonably available; and 

(2) these additional reasonably available 

measures will advance attainment in the 

area when considered collectively. 

PCAPCD is currently designated 

attainment for PM10 (40 CFR 81.305). 

Accordingly, PCAPCD is not subject to 

the requirement to implement Best 

Available Control Measures (BACM) for 

PM10 and PM10 precursors in CAA 

§ 189(b) and (e). Therefore, we are not 

evaluating the rules for compliance with 

BACM requirements. 

B. Do the rules meet the evaluation 

criteria? 

The changes in Rule 102, Definitions, 

are administrative only and are 

consistent with the relevant policy and 

guidance regarding enforceability and 

SIP relaxations. 

Rules 301–306 increase enforceability 

by increasing clarity of requirements 

through having all information related 

to a burn type in one rule, by providing 

new definitions, and by increasing 

specificity on permit and recordkeeping 

requirements. Several provisions in the 

submitted rules, however, provide for 

Air Pollution Control Officer (APCO) 

discretion to allow burning on a NoBurn Day. EPA generally discourages 

SIP provisions that allow APCO 

discretion to independently interpret 

the SIP, but acknowledges that such 

‘‘director’s discretion may be 

appropriate if explicit and replicable 

procedures within the rule tightly 

define how the discretion will be 

exercised,’’ (see e.g., the Little Blue 

Book and 52 FR 45109, November 24, 

1987). We believe that all such revisions 

in Rules 301–306 include appropriate 

limitations on APCO’s discretion as 

discussed in detail the TSD. 

Rule 301–306 revisions were 

primarily editorial to provide a 

consolidated rule set and improve 

clarity. There are, however, several 

Local Rules used in the consolidation 

which were not previously approved 

into the SIP. Additionally, several new 

provisions are included that are less 

stringent than the SIP approved rules. 

At this time, we believe all revisions are 

reasonable and appropriately limited 

and would not cause adverse affect on 

the NAAQS or reasonable further 

progress (CAA section 110(l)) as 

evaluated in detail in the TSD. 

We believe the current Rules 301–306 

require all control measures that are 

‘‘reasonably available’’ considering 

technologic and economic feasibility, 

for reasons including the following: (1) 

PCAPCD Rules 302–303 implement 

more detailed smoke management 

requirements and burn authorizations 

for agricultural burning. EPA previously 

identified the implementation of a 

smoke management program for 

prescribed and agricultural burning as 

RACM level controls for PM10. (2) Rule 

revisions (as detailed in the TSD) do not 

interfere with attainment of the NAAQS 

or reasonable further progress and 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 6739 

overall strengthen the SIP. 3) We have 

compared the control requirements in 

PCAPCD Rules 301–306 with analogous 

rules in other local districts and believe 

they are generally as stringent as those 

rules. Where they are less stringent (e.g., 

areas of high elevation and low 

population), PCAPCD has provided 

reasonable justifications. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

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 rules. If we receive adverse 

comments by March 4, 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 April 1, 2013. 

This will incorporate the rules into the 

federally enforceable SIP, which will 

supersede rules listed in Table 2. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

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 April 1, 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: November 19, 2012. 

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)(B) 

and(423)to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(419) * * * * 

(i) * * * 

(B) Placer County Air Pollution 

Control District 


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6740 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Rules and Regulations 

(1) Rule 102, ‘‘Definitions,’’ amended 

February 9, 2012. 

* * * * * 

(423) New and amended regulations 

for the following APCDs were submitted 

on September 21, 2012, by the 

Governor’s designee. (i) Incorporation 

by reference. 

(A) Placer County Air Pollution 

Control District 

(1) Rule 301, ‘‘Nonagricultural 

Burning Smoke Management,’’ amended 

on February 9, 2012. 

(2) Rule 302, ‘‘Agricultural Waste 

Burning Smoke Management,’’ amended 

on February 9, 2012. 

(3) Rule 303, ‘‘Prescribed Burning 

Smoke Management,’’ amended on 

February 9, 2012. 

(4) Rule 304, ‘‘Land Development 

Burning Smoke Management,’’ amended 

on February 9, 2012. 

(5) Rule 305, ‘‘Residential Allowable 

Burning,’’ amended on February 9, 

2012. 

(6) Rule 306, ‘‘Open Burning of 

Nonindustrial Wood Waste at 

Designated Disposal Sites,’’ amended on 

February 9, 2012. 

[FR Doc. 2013–01332 Filed 1–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0614; FRL–9771–3] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley United Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the San Joaquin Valley 

United Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). This 

action was proposed in the Federal 

Register on November 5, 2012 and 

concerns volatile organic compounds 

(VOC), carbon monoxide (CO), oxides of 

nitrogen (NOX), oxides of sulfur (SOX), 

and particulate matter (PM) emissions 

from glass melting furnaces. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act (CAA or the Act). 

DATES: This rule will be effective on 

March 4, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0614 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 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: 

Robert Marinaro, EPA Region IX, (415) 

972–3019, marinaro.robert@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 November 5, 2012 (77 FR 66429), 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ................................. 4354 Limiting Emissions from Glass Melting Furnaces .......................... 05/19/11 09/27/11 

We proposed to approve this because 

we determined that it complied with the 

relevant CAA requirements. Our 

proposed action contains more 

information on the rule 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 this rule 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 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). 


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