Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 61203 

• 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 CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

This action amending the definition 

of VOC in the Virginia SIP to conform 

with the regulatory definition of VOC in 

40 CFR 51.100(s) is not approved to 

apply on any Indian reservation land as 

defined in 18 U.S.C. 1151 or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: December 12, 2017. 

Cosmo Servidio, 

Regional Administrator, Region III. 

[FR Doc. 2017–27522 Filed 12–26–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0737; FRL–9972–57– 

Region 9] 

Approval of California Air Plan 

Revisions, Northern Sierra Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Northern Sierra Air 

Quality Management District 

(NSAQMD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of 

particulate matter (PM) from wood 

burning devices. We are proposing to 

approve a local measure to reduce 

emissions from these emission sources 

under the Clean Air Act (CAA or the 

Act). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

January 26, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2017–0737 at http://

www.regulations.gov, or via email to 

Doris Lo, at lo.doris@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be removed or edited 

from Regulations.gov. For either manner 

of submission, 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 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

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 the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What measure did the State submit? 

B. Are there other versions of this measure? 

C. What is the purpose of the submitted 

measure? 

II. The EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the measure? 

B. Does the measure meet the evaluation 

criteria? 

C. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What measure did the State submit? 

Table 1 lists the measure addressed by 

this proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED MEASURE

Local agency Resolution No. Measure title Adopted Submitted 

NSAQMD ............ 2017–01 Northern Sierra Air Quality Management District Resolution #2017–01 ... 01/23/17 02/28/17 

On August 28, 2017, the submittal for 

the NSAQMD measure was deemed by 

operation of law to meet the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this 

measure? 

There are no previous versions of the 

NSAQMD measure in the SIP. 

C. What is the purpose of the submitted 

measure? 

Particulate matter, including PM with 

diameters that are generally 2.5 microns 

or smaller (PM2.5) and PM with 

diameters that are generally 10 microns 

or smaller (PM10), contributes to effects 

that are harmful to human health and 


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61204 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 

1A ‘‘discretionary economic incentive program’’ 

is ‘‘any EIP submitted to the EPA as an 

implementation plan revision for purposes other 

than to comply with the statutory requirements of 

sections 182(g)(3), 182(g)(5), 187(d)(3), or 187(g) of 

the Act.’’ 40 CFR 51.491. 

the environment, including 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 

PM emissions. 

On January 15, 2013, the EPA revised 

the National Ambient Air Quality 

Standards (NAAQS) for PM2.5 to provide 

increased protection of public health by 

lowering the level of the annual 

standards from 15 to 12 micrograms per 

cubic meter (mg/m3) (40 CFR 50.18). 

Effective April 15, 2015, the EPA 

designated and classified the Plumas 

County nonattainment area (NAA) as 

moderate nonattainment for the 2012 

PM2.5 NAAQS (40 CFR 81.305; 80 FR 

2206, 2218). CARB submitted the 

NSAQMD measure on February 28, 

2017, as part of an attainment plan to 

address nonattainment area SIP 

requirements for the 2012 PM2.5 NAAQS 

in the Plumas County NAA. 

The submitted measure is an 

enforceable commitment by the 

NSAQMD to implement a woodstove 

change-out incentive program during 

the 2016–2022 timeframe in accordance 

with specific program requirements that 

are designed to achieve quantifiable, 

surplus, enforceable, and permanent 

PM2.5 emission reductions in the Plumas 

County NAA. The program 

requirements ensure, among other 

things, that older, dirtier wood stoves 

currently in operation in the Plumas 

County NAA will be replaced with EPAcertified wood stoves or other lesspolluting devices. The woodstove 

change-out program is funded by the 

EPA’s 2015 Targeted Air Shed Grant 

Program, the NSAQMD, and other 

agencies and is the primary control 

strategy in California’s attainment plan 

for the 2012 PM2.5 NAAQS in the 

Plumas County NAA. 

The enforceable commitment 

obligates the NSAQMD to achieve 

specific amounts of PM2.5 emission 

reductions through implementation of 

the woodstove change-out program by 

specific years, to submit annual reports 

to the EPA detailing its implementation 

of the program and the projected 

emission reductions, and to adopt and 

submit substitute measures by specific 

dates if the EPA determines that the 

woodstove change-out program will not 

achieve the necessary emission 

reductions. The EPA’s technical support 

document (TSD) has more information 

about this measure. 

We intend to evaluate California’s 

PM2.5 attainment plan for the Plumas 

County NAA as a whole through a 

subsequent notice-and-comment 

rulemaking action. 

II. The EPA’s Evaluation and Proposed 

Action 

A. How is the EPA evaluating the 

measure? 

Generally, SIP control measures must 

be enforceable (see CAA section 

110(a)(2)), must not interfere with 

applicable requirements concerning 

attainment and reasonable further 

progress or other CAA requirements (see 

CAA section 110(l)), and must not 

modify certain SIP control requirements 

in nonattainment areas without 

ensuring equivalent or greater emissions 

reductions (see CAA section 193). 

The CAA explicitly provides for the 

use of economic incentive programs 

(EIPs) as one tool for states to use to 

achieve attainment of the NAAQS (see, 

e.g., CAA sections 110(a)(2)(A), 

172(c)(6), and 183(e)(4)). EIPs use 

market-based strategies to encourage the 

reduction of emissions from stationary, 

area, and mobile sources in an efficient 

manner. EPA has promulgated 

regulations for statutory EIPs required 

under section 182(g) of the Act and has 

issued guidance for discretionary EIPs 

(see 59 FR 16690 (April 7, 1994), 

codified at 40 CFR part 51, subpart U 

and U.S. EPA, ‘‘Improving Air Quality 

with Economic Incentive Programs,’’ 

January 2001 (‘‘2001 EIP Guidance’’)).1

EPA’s guidance documents 

addressing EIPs and other 

nontraditional programs provide for 

some flexibility in meeting established 

SIP requirements for enforceability and 

quantification of emission reductions, 

provided the State takes clear 

responsibility for ensuring that the 

emission reductions necessary to meet 

applicable CAA requirements are 

achieved. Accordingly, EPA has 

consistently stated that nontraditional 

emission reduction measures submitted 

to satisfy SIP requirements under the 

Act must be accompanied by 

appropriate ‘‘enforceable commitments’’ 

from the State to monitor emission 

reductions achieved and to rectify 

shortfalls in a timely manner (see, e.g., 

U.S. EPA, ‘‘Incorporating Emerging and 

Voluntary Measures in a State 

Implementation Plan (SIP),’’ September 

2004 (‘‘2004 Emerging and Voluntary 

Measures Guidance’’) at pages 8–12 and 

U.S. EPA, ‘‘Guidance for Quantifying 

and Using Emission Reductions from 

Voluntary Woodstove Changeout 

Programs in State Implementation 

Plans,’’ January 2006 (‘‘2006 Woodstove 

Guidance’’) at page 7). The EPA has also 

consistently stated that, where a State 

intends to rely on a nontraditional 

program to satisfy CAA requirements, 

the State must demonstrate that the 

program achieves emission reductions 

that are quantifiable, surplus, 

enforceable, and permanent (see, e.g., 

2001 EIP Guidance at Section 4.1 and 

2006 Woodstove Guidance at 3–4). 

Guidance documents that we use to 

evaluate discretionary EIPs and other 

nontraditional emission reduction 

programs include the following: 

• ‘‘Improving Air Quality with 

Economic Incentive Programs’’ January 

2001 (EPA–452/R–01–001) (‘‘2001 EIP 

Guidance’’). 

• ‘‘Incorporating Emerging and 

Voluntary Measure in a State 

Implementation Plan (SIP),’’ Stephen D. 

Page, OAQPS, October 4, 2004 (‘‘2004 

Emerging and Voluntary Measures 

Guidance’’). 

• ‘‘Guidance on Incorporating 

Bundled Measures in a State 

Implementation Plan,’’ Stephen D. Page, 

OAQPS, and Margo Oge, OTAQ, August 

16, 2005 (‘‘2005 Bundled Measures 

Guidance’’). 

• ‘‘Guidance for Quantifying and 

Using Emission Reductions from 

Voluntary Woodstove Changeout 

Programs in State Implementation 

Plans,’’ January 2006 (EPA–456/B–06– 

001) (‘‘2006 Woodstove Guidance’’). 

B. Does the measure meet the evaluation 

criteria? 

The submitted commitment contains 

clear, nondiscretionary and mandatory 

obligations that are enforceable against 

the NSAQMD and ensure that 

information about the emission 

reductions achieved through the 

woodstove change-out program will be 

readily available to the public through 

the NSAQMD’s submission of annual 

reports to the EPA. Our approval of this 

commitment would make these 

obligations enforceable by the EPA and 

by citizens under the CAA. The 

commitment obligates the District to 

implement a new program that achieves 

quantifiable, surplus, permanent, and 

enforceable PM2.5 emission reductions 

and does not alter any existing SIP 

requirements. Our approval of the 

commitment into the SIP would 

strengthen the SIP and would not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements, consistent with the 

requirements of CAA section 110(l). 

Section 193 of the CAA does not apply 


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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Proposed Rules 61205 

to this action because this measure does 

not modify any SIP control requirement 

that was in effect before November 15, 

1990. 

We are proposing to find that the 

submitted measure satisfies CAA 

requirements for enforceability, SIP 

revisions, and nontraditional emission 

reduction programs as interpreted in 

EPA guidance documents. The TSD 

contains more information on our 

evaluation of this measure. 

C. Public Comment and Proposed 

Action 

The EPA proposes to fully approve 

the submitted measure under CAA 

section 110(k)(3) based on a conclusion 

that the measure satisfies all applicable 

requirements. We will accept comments 

from the public on this proposal until 

January 26, 2018. If we take final action 

to approve the submitted measure, our 

final action will incorporate this 

measure into the federally enforceable 

SIP. 

III. Incorporation by Reference 

In this action, 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 

the NSAQMD measure described in 

Table 1 of this preamble. The EPA has 

made, and will continue to make, these 

materials available through 

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 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 the 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, 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 rule 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: December 14, 2017. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2017–27950 Filed 12–26–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2017–0655; FRL–9972–59– 

OAR] 

RIN 2060–AT82 

Proposed Rule; Renewable Fuel 

Standard Program; Grain Sorghum Oil 

Pathway 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: In this proposed rule, the 

Environmental Protection Agency (EPA) 

is providing an opportunity to comment 

on an analysis of the lifecycle 

greenhouse gas (GHG) emissions 

associated with certain biofuels that are 

produced from grain sorghum oil 

extracted at dry mill ethanol plants at 

any point downstream from sorghum 

grinding, also known as distiller 

sorghum oil. EPA seeks comment on its 

proposed assessment that using 

distillers sorghum oil as feedstock 

results in no significant agricultural 

sector GHG emissions; and that 

biodiesel and heating oil produced from 

distillers sorghum oil via a 

transesterification process, and 

renewable diesel, jet fuel, heating oil, 

naphtha, and liquefied petroleum gas 

(LPG) produced from distillers sorghum 

oil via a hydrotreating process, would 

meet the lifecycle GHG emissions 

reduction threshold of 50 percent 

required for advanced biofuels, and 

biomass-based diesel under the 

Renewable Fuel Standard program. 

Based on these analyses, EPA is 

proposing to amend the RFS program 

regulations to define the term ‘‘distillers 

sorghum oil’’. We also propose to add to 

the regulations approved pathways from 

the production of biodiesel and heating 

oil from distillers sorghum oil via a 

transesterification process, and 

renewable diesel, jet fuel, heating oil, 

naphtha, and liquefied petroleum gas 

(LPG) produced from distillers sorghum 

oil via a hydrotreating process. 

DATES: Comments must be received on 

or before January 26, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2017–0655, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 


daltland on DSKBBV9HB2PROD with PROPOSALS