Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Proposed Rules 94633 

1 40 CFR 81.305. See 83 FR 25776 (June 04, 2018); 

77 FR 30088 (May 21, 2012); 69 FR 23858 (June 15, 

2004). 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2024–0417; FRL–12279– 

01–R9] 

Air Plan Conditional Approval; 

California; Bay Area Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to 

conditionally approve revisions to the 

Bay Area Air Quality Management 

District (BAAQMD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern 

emissions of oxides of nitrogen (NOX) 

from natural gas-fired furnaces and 

water heaters. We are proposing to 

approve local rules to regulate these 

emission sources under the Clean Air 

Act (CAA). We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Comments must be received on 

or before December 30, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2024–0417 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with a 

disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Allison Kawasaki, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; phone: (415) 972–3922; email: 

kawasaki.allison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the 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. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. What are the rule deficiencies? 

D. The EPA’s Recommendations To 

Further Improve the Rules 

E. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal 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 Adopted/amended Submitted 

BAAQMD .......... 9–4 Nitrogen Oxides from Natural Gas-Fired Furnaces ......................... (Amended)03/15/23 ... 01/10/2024 

BAAQMD .......... 9–6 Nitrogen Oxides from Natural Gas-Fired Boilers and Water Heaters.(Adopted) 03/15/23 ... 01/10/2024 

On July 10, 2024, the submittal for 

BAAQMD Rule 9–4 and Rule 9–6 were 

deemed complete by operation of law to 

meet the completeness criteria in 40 

CFR part 51, appendix V. 

B. Are there other versions of these 

rules? 

We approved an earlier version of 

Rule 9–4 into the SIP on January 7, 1986 

(47 FR 29231). The BAAQMD adopted 

revisions to the SIP-approved version on 

March 15, 2023, and CARB submitted 

them to us on January 10, 2024. If we 

take final action to approve the March 

15, 2023 version of Rule 9–4, this 

version will replace the previously 

approved version of this rule in the SIP. 

There is no previous version of Rule 

9–6 in the SIP. The BAAQMD locally 

adopted an earlier version of Rule 9–6 

on April 1, 1992, and an amended 

version of the rule (amended March 15, 

2023) was submitted by CARB to the 

EPA on January 10, 2024. 

C. What is the purpose of the submitted 

rules? 

Emissions of NOX contribute to the 

production of ground-level ozone, smog 

and particulate matter, which harm 

human health and the environment. 

Section 110(a) of the CAA requires 

states to submit plans that provide for 

implementation, maintenance, and 

enforcement of the NAAQS. The CAA 

section 172(c)(1) and section 182 

requires areas that are designated as 

‘‘Moderate’’ or above for ozone 

nonattainment to implement Reasonably 

Available Control Technology (RACT) 

for specific sources. The San Francisco 

Bay Area is designated as ‘‘Marginal’’ 

nonattainment for the 2015, 2008, and 

1997 8-hour ozone National Ambient 

Air Quality Standards (NAAQS).1 The 

San Francisco Bay Area is a Marginal 

ozone nonattainment area, which is a 

less severe classification than Moderate, 

and thus is not required to implement 

RACT for the sources regulated by the 

submitted rules. 

CAA section 189 requires areas that 

are are designated Moderate or above for 

particulate matter nonattainment to 

assure that reasonably available control 

measures (RACM) are being 

implemented within the nonattainment 

area. The San Francisco Bay Area was 

designated as Moderate nonattainment 

for the 2006 24-hour PM2.5 NAAQS (74 

FR 58688, November 13, 2009). In 2017, 

the EPA made a determination of 

attainment by the attainment date 

(December 31, 2015) for this standard 


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94634 Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Proposed Rules 

2See 74 FR 58688 (June 02, 2014); 82 FR 21711 

(May 10, 2017). 

3Note: the emission limits for different sized 

appliances are different (0 ng/J vs. 0.0 ng/J) due to 

different rounding conventions. 

based on air monitoring data.2 The EPA 

generally evaluates PM2.5 RACM 

requirements in the context of broader 

attainment planning actions as opposed 

to individual rule submissions. 

Nonetheless, pursuant to 40 CFR 

51.1015(a), an EPA determination that a 

Moderate PM2.5 nonattainment area has 

attained the PM2.5 NAAQS suspends the 

requirement for the State to demonstrate 

RACM. Thus, although the State may 

choose to rely on reductions from these 

rules in a future plan or RACM 

demonstration, we will not evaluate the 

rules for PM2.5 RACM in this 

rulemaking. Accordingly, Rules 9–4 and 

9–6 are not being evaluated for RACT or 

RACM at this time. 

BAAQMD Rule 9–4 is an amended 

rule that sets emission limits for natural 

gas-fired furnaces sold, installed, or 

offered for sale within the District. 

Amended Rule 9–4 instates more 

stringent emission requirements that 

prohibit the sale or installation of 

natural gas-fired furnaces manufactured 

after January 1, 2024, that emit more 

than 14 ng/J (nanograms per Joule) of 

NOX and natural gas-fired furnaces 

manufactured after January 1, 2029, that 

emit more than 0.0 ng/J of NOX. All 

natural gas-fired furnaces must be 

certified for sale, installation, or offering 

for sale within the District. Test 

methods and procedures are provided in 

Rule 9–4 for compliance 

demonstrations. 

BAAQMD Rule 9–6 is a locally 

adopted rule that has not been 

previously approved into the SIP. The 

rule applies similar emission limit 

timelines for natural gas-fired water 

heaters and boilers, where appliances 

with higher heat input ratings receive a 

lower NOX emission limit at a later date. 

Natural gas-fired appliances with a 

75,000 British Thermal Unit (BTU)/hour 

or less rated heat input capacity 

manufactured after January 1, 2027, 

cannot be sold, installed, or offered for 

sale within the district if the appliance 

emits more than 0 ng/J of NOX. Midrange and large appliances (75,001 BTU/ 

hour–2,000,000 BTU/hour) 

manufactured after January 1, 2031, 

cannot be sold, installed, or offered for 

sale within the district if the appliance 

emits more than 0.0 ng/J of NOX.3

Mobile Home Water Heaters 

manufactured after January 1, 2008, 

cannot emit more than 40 ng/J of NOX. 

Pools and Spa Heaters manufactured 

after January 1, 2008, cannot emit more 

than 40 ng/J of NOX and units 

manufactured after January 1, 2013, 

cannot emit more than 14 ng/J of NOX. 

Appliances subject to Rule 9–6 must be 

certified for sale or installation within 

the District. Test methods and 

procedures are provided for certification 

for compliance demonstration. The 

EPA’s technical support document 

(TSD) has more information about these 

rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

Rules in the SIP must be enforceable 

(see CAA section 110(a)(2)), and must 

not interfere with applicable 

requirements concerning attainment and 

reasonable further progress or other 

CAA requirements (see CAA section 

110(l)). As discussed above, these rules 

are not being evaluated for RACT or 

RACM in this rulemaking. 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook, revised January 11, 1990). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

B. Do the rules meet the evaluation 

criteria? 

Rule 9–4 and Rule 9–6 improve the 

SIP by establishing more stringent 

emission limits. The rules are largely 

consistent with CAA requirements and 

relevant guidance regarding 

enforceability and SIP revisions. Rule 

provisions which do not meet the 

evaluation criteria are summarized 

below and discussed further in the TSD. 

The District has committed to adopt 

specific enforceable measures to remedy 

the identified deficiencies within one 

year of the EPA’s action, and CARB has 

committed to submit the adopted 

revisions to the EPA within 12 months 

of the effective date of the EPA’s final 

conditional approval. These 

commitment letters are included in the 

docket for the action, and are described 

in the TSD. 

C. What are the rule deficiencies? 

The EPA is proposing to determine 

that the following provisions in Rule 9– 

4 and Rule 9–6 do not satisfy the 

requirements of section 110 of the CAA. 

1. Rule 9–4 section 201 contains an 

outdated reference to ‘‘Section 4.2.35 of 

the Code of Federal Regulations (CFR), 

Title 10, Part 430, Subpart B, Appendix 

N.’’ This reference does not exist in the 

current version of the CFR and thus, 

does not properly define a variable used 

in calculating emissions. 

2. Rule 9–4 section 401 contains an 

outdated reference to ‘‘Section 3.1 of the 

Code of Federal Regulations, Title 10, 

Part 430, Subpart B, Appendix N.’’ This 

reference does not exist in the current 

version of the CFR and as a consequence 

does not contain any test method 

language to verify compliance. 

3. Rule 9–4 section 402.2 references 

South Coast Air Quality Management 

District (SCAQMD) Rule 1111 

certification methods for compliance 

determination purposes. These 

certification methods have not been 

submitted for approval into the SIP and 

Rule 9–4 does not reference an EPA 

approved version of the rule. As a 

result, the certification methods in 

section 402.2 cannot be utilized to 

ensure enforceability under the CAA. 

4. Rule 9–4 Section 402 does not 

require emissions test results used for 

certifications to be reported to the Air 

Pollution Control Officer (APCO) when 

certification takes place through the 

District. The rule also allows for the use 

of SCAQMD’s certification method. 

Although, as discussed in the previous 

deficiency, that manner in which that 

method is referenced is not approvable, 

we note that the SCAQMD method 

requires submittal of the test results, in 

contrast to the District-only certification 

option. As a result, the District’s 

certification method does not provide a 

sufficiently enforceable means for 

determining compliance. 

5. Rule 9–4 Section 601.3 and 601.4 

contain references to Method ST–5 and 

Method ST–14 from the Bay Area 

Manual of Procedures. The procedures 

and test methods have not previously 

been EPA approved and Rule 9–6 does 

not reference an EPA approved version 

of the rule. 

6. Rule 9–6 Section 205 contains an 

outdated reference to ‘‘Section 6.1.3 of 

the Code of Federal Regulation, Title 10, 

Part 430, Subpart B, Appendix E.’’ 

However, section 6.1.3 does not exist in 

the current CFR. 

7. Rule 9–6 Section 402.2 references 

certification methods from SCAQMD 

Rule 1121 and 1146.2. These methods 

have not been previously EPA approved 

and lie outside the SIP. 

D. The EPA’s Recommendations To 

Further Improve the Rules 

The TSD includes recommendations 

for the next time BAAQMD amends the 

rules. 


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Federal Register / Vol. 89, No. 230 / Friday, November 29, 2024 / Proposed Rules 94635 

E. Public Comment and Proposed 

Action 

Section 110(k)(4) of the CAA 

authorizes the EPA to conditionally 

approve a plan revision based on a 

commitment by the State to adopt 

specific enforceable measures by a date 

certain but not later than one year after 

the date of the plan approval. 42 U.S.C. 

7410(k)(4). In this instance, the 

enforceable measures that the State 

must submit are new or revised rules 

that correct the rule deficiencies 

identified above. On October 30, 2024, 

the State transmitted a commitment 

letter, dated October 2, 2024, from the 

BAAQMD committing to correct the 

deficiencies identified in this proposed 

action. The State also submitted a letter, 

dated October 30, 2024, from CARB 

committing to submit the revised rules 

to the EPA within 12 months of the 

publication of the final conditional 

approval by the EPA. As authorized in 

section 110(k)(4) of the CAA, the EPA 

proposes to conditionally approve the 

submitted rules based on the 

commitment by the state to adopt 

specific enforceable measures by a date 

certain but not later than one year after 

the date of the plan approval. 

If this proposed conditional approval 

is finalized as proposed, and the 

BAAQMD or the State fail to comply 

with this commitment, the conditional 

approval would convert to a 

disapproval. 

We will accept comments from the 

public on this proposal until December 

30, 2024. If we take final action to 

approve the submitted rules, our final 

action will incorporate these rules into 

the federally enforceable SIP. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

BAAQMD, Rule 9–4, Nitrogen Oxides 

from Natural Gas-Fired Furnaces, 

amended on March 15, 2023 and 

BAAQMD, Rule 9–6, Nitrogen Oxides 

from Natural Gas-Fired Boilers and 

Water Heaters, adopted March 15, 2023, 

as discussed in section I. of this 

document. The EPA has made, and will 

continue to make, these materials 

available through https://

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). 

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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a State 

program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(ds) 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. 

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 rulemaking 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). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. Executive Order 

14096 (Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All, 88 FR 25251, April 26, 2023) 

builds on and supplements E.O. 12898 

and defines EJ as, among other things, 

‘‘the just treatment and meaningful 

involvement of all people, regardless of 

income, race, color, national origin, or 

Tribal affiliation, or disability in agency 

decision-making and other Federal 

activities that affect human health and 

the environment.’’ 

The air agency evaluated EJ 

considerations as part of its rule 

development process even though the 

CAA and applicable implementing 

regulations neither prohibit nor require 

an evaluation. The EPA is taking action 

under the CAA on bases independent of 

the air agency’s evaluation of EJ. Due to 

the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. In addition, 

there is no information in the record 

upon which this decision is based that 

is inconsistent with the stated goal of 

Executive Orders 12898 and 14096 of 

achieving EJ for communities with EJ 

concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: November 18, 2024. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2024–27518 Filed 11–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2024–0359; FRL–12342– 

01–OCSPP] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (24–1.F) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 


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