The EPA Regional Administrator, Jared Blumenfeld signed the following 

proposed rule on June 12, 2013 and EPA is submitting it for publication in 

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

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

of the proposed 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.

 

6560-50 

 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: Proposed rule. 

SUMMARY: EPA is proposing to approve revisions to the South 

Coast Air Quality Management District (SCAQMD) 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 

and wood-burning devices. We are approving local rules that 

regulate these emission sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). We are taking comments on 

this proposal and plan to follow with a final action. 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

2 

DATE: Any comments must arrive by [Insert date 30 days from the 

date of publication in the Federal Register]. 

ADDRESSES: Submit comments, identified by docket number EPAR09-OAR- 2013-0468, 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 e-mail. 

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 e-mail 

directly to EPA, your e-mail address will be automatically 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

3 

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. 

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? 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

4 

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 proposed action. 

III. 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). Rule 444 

subdivision (g) and Rule 445 subdivision (h), related to fees 

and penalties respectively, were excluded from the versions of 

the rules submitted for consideration by the EPA for SIP 

approval. 

Table 1 - Submitted Rules

Local 

Agency 

Rule # Rule Title Amended Submitted 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

5 

Local 

Agency 

Rule # Rule Title Amended Submitted 

SCAQMD 444 Open Burning 05/03/13 06/12/13 

SCAQMD 445 Wood Burning Devices 05/03/13 06/12/13 

We find that the submittal for SCAQMD Rules 444 and 445 

meets 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 earlier versions of Rule 444 and Rule 445 into 

the SIP on April 8, 2002 (67 FR 16644) and June 11, 2009 (74 FR 

27716) respectively. The SCAQMD adopted revisions to Rule 444 

on November 7, 2008, but did not submit them to us. The SCAQMD 

adopted additional revisions to Rule 444 and revisions to Rule 

445 on May 3, 2013, and CARB submitted these revised rules to us 

on June 12, 2013. 

C. What is the purpose of the submitted rule revisions? 

Emissions of VOCs and NOx help produce ground-level ozone, 

smog and particulate matter (PM), which harm human health and 

the environment. PM emissions contribute to effects that are 

harmful to human health and the environment, including premature 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

6 

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 NOx, VOC and 

PM emissions. 

Rule 444 is designed to minimize the impacts of smoke and 

other air pollutants generated by open burning conducted within 

the SCAQMD. Changes from the SIP approved rule include the 

following: (a) forecast criteria for issuing permissive, 

marginal, and no-burn days was modified to be based on the Air 

Quality Index rather than on 1-hour ozone forecasted values; (b) 

forecast criteria for allowing a permissive burn day was amended 

to exclude days in which a “Mandatory Winter Burning 

Curtailment” day is in effect, as provided in Rule 445; (c) 

limited exemptions were added for burning to protect crops from 

freezing and for product testing; (d) daily maximum agricultural 

and prescribed burning acreage was increased to account for less 

permissive burn days resulting from the new no burn day forecast 

criteria (total emissions over the season/year remain the same); 

(e) new requirements were added for burning associated with 

pyrotechnics used in filmmaking, fire prevention/suppression 

training, prescribed burning and agricultural burning; (f) 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

7 

definitions were added or amended for clarity; and (g) other 

minor editorial changes and clarifications were made to the 

rule. 

Rule 445 is designed to minimize the impacts of smoke and 

other air pollutants generated during the use of wood burning 

devices. The rule establishes requirements for the sale, 

operation, and installation of such devices. Changes from the 

SIP approved rule include the following: (a) the “Mandatory 

Winter Burning Curtailment” provision was modified to reduce the 

forecast threshold for a given source/receptor area from 35 to 

30 μg/m3 and to add a new provision describing when such 

curtailment would apply basin-wide; (b) new wood-labeling 

requirements for wood suppliers were added; (c) a provision was 

removed which allowed uncertified wood-burning devices to be 

installed in existing homes if emission equivalency could be 

demonstrated; (d) modifications were made to clarify that 

cookstove and wood labeling exemptions apply only to commercial 

cooking; and (e) the definition of “Wood Burning Device” was 

modified to include both open and enclosed devices. EPA’s 

technical support documents (TSDs) contain more detailed 

information about these rules. 

II. EPA’s Evaluation and Action
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

8 

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). 

Section 172(c)(1) of the CAA requires nonattainment areas 

to implement all reasonably available control measures (RACM), 

including such reductions in emissions from existing sources in 

the area as may be obtained through the adoption, at a minimum, 

of reasonably available control technology (RACT), as 

expeditiously as practicable. The Los Angeles - South Coast Air 

Basin (South Coast) is currently designated as an extreme 1-hr 

ozone nonattainment area and an extreme 8-hr ozone nonattainment 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

9 

area, and is also designated nonattainment for the 1997 annual, 

1997 24-hour, and 2006 24-hour fine particulate matter (PM2.5) 

standards (40 CFR 81.305). Open burning emits direct PM2.5, as 

well as volatile organic compounds (VOCs) and oxides of nitrogen 

(NOx), which are regulated as precursors to PM2.5 and ozone in 

the South Coast. Therefore, SCAQMD must implement RACM for open 

burning and residential wood burning if those measures will 

advance attainment of the National Ambient Air Quality Standard 

(NAAQS) for PM2.5 or ozone in the South Coast, when considered 

collectively with other reasonable measures. Additional control 

measures may be required pursuant to CAA section 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. 

The South Coast is also currently designated as a serious 

nonattainment area for the PM-10 NAAQS (40 CFR 81.305). On June 

12, 2013, however, EPA signed a final rule to redesignate the 

area to attainment for the PM-10 NAAQS, which will become 

effective 30 days after publication in the Federal Register. 

See “Approval and Promulgation of Implementation Plans; 

Designation of Areas for Air Quality Planning Purposes; 

California; South Coast Air Basin; Approval of PM10 Maintenance 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

10 

Plan and Redesignation to Attainment for the PM10 Standard,” 

pre-publication final rule signed June 12, 2013. Thus, we are 

not evaluating Rule 444 and 445 for compliance with BACT/BACM 

requirements in this rulemaking. 

B. Do the rules meet the evaluation criteria? 

We believe these rules are consistent with the statutory 

requirements concerning enforceability and SIP relaxations as 

interpreted in EPA guidance. Rule 444 and 445 are generally as 

stringent as or more stringent than analogous rules in other 

California Districts. As necessary, in separate rulemakings, 

EPA will take action on the State’s RACM demonstrations for 

PM2.5 and ozone based on evaluation of the control measures 

submitted as a whole and their overall potential to advance the 

applicable attainment dates in the South Coast. See 40 CFR 

51.1010, 51.912(d). Our TSDs have more information on our 

evaluation and recommendations for additional control measures 

which may be reasonably available. 

C. EPA recommendations to further improve the rules. 

The TSDs describe additional rule revisions that we 

recommend for the next time the local agency modifies the rules 

but are not currently the basis for rule disapproval. 

D. Public comment and proposed action. 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

11 

Because EPA believes the submitted rules fulfill all 

applicable requirements, we are proposing to fully approve them 

as described in section 110(k)(3) of the Act. We will accept 

comments from the public on this proposal for the next 30 days. 

Unless we receive convincing new information during the comment 

period, we intend to publish a final approval action that will 

incorporate these rules into the federally enforceable SIP. 

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 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 

Order 12866 (58 FR 51735, October 4, 1993); 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

12 

• 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 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the Clean Air Act; 

and 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

13 

• 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 proposed action 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air pollution control, 

Intergovernmental relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and recordkeeping requirements, 

Volatile organic compounds. 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

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

14 

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

_______________ ______________________

Dated: Jared Blumenfeld, 

 Regional Administrator, 

Region IX.