Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Proposed Rules 37757 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0468; FRL–9826–1] 

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. 

DATES: Any comments must arrive by 

July 24, 2013. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0468, 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. 

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 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 No. Rule title Amended Submitted 

SCAQMD ................................ 444 Open Burning .......................................................................... 05/03/13 06/11/13 

SCAQMD ................................ 445 Wood Burning Devices ........................................................... 05/03/13 06/11/13 

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 11, 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 

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 

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37758 Federal Register / Vol. 78, No. 121 / Monday, June 24, 2013 / Proposed Rules 

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) 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 mg/ 

m3 and to add a new provision 

describing when such curtailment 

would apply basin-wide; (b) new woodlabeling 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 

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 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 Plan and Redesignation to 

Attainment for the PM10 Standard,’’ prepublication 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 

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); 

• 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); 

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• 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 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: June 12, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2013–14917 Filed 6–21–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R06–OW–2013–0221; FRL–9826–6] 

Ocean Dumping; Atchafalaya-West 

Ocean Dredged Material Disposal Site 

Designation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule and draft 

Environmental Impact Statement (EIS); 

extension of public comment period. 

SUMMARY: On May 21, 2013, EPA Region 

6 proposed to designate the AtchafalayaWest Ocean Dredged Material Disposal 

Site pursuant to the draft EIS, 

‘‘Designation of the Atchafalaya River 

Bar Channel Ocean Dredged Material 

Disposal Site Pursuant to Section 102(c) 

of the Marine Protection, Research and 

Sanctuaries Act of 1972, St. Mary 

Parish, Louisiana’’ (March 2013). We are 

hereby extending the public comment 

period for the proposed rule and the 

draft EIS. 

DATES: Comments. The comment period 

for the proposed rule and draft EIS 

published May 21, 2013 (78 FR 29687), 

is extended. The end of the public 

comment period is now extended to 

August 8, 2013. Comments must be 

received or postmarked by that date. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OW–2013–0221, by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov; follow the 

online instruction for submitting 

comments. 

• Email: Dr. Jessica Franks at 

franks.jessica@epa.gov 

• Fax: Dr. Jessica Franks, Marine and 

Coastal Section (6WQ–EC) at fax 

number 214–665–6689. 

• Mail: Dr. Jessica Franks, Marine and 

Coastal Section (6WQ–EC), 

Environmental Protection Agency, 

Mailcode: (6WQ–EC), 1445 Ross 

Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket No. EPA–R06–OW–2013–0221. 

EPA’s policy is that all comments 

received 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 information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Marine and Coastal Section (6WQ– 

EC), Environmental Protection Agency, 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. The file will be 

made available by appointment for 

public inspection in the Region 6 FOIA 

Review Room between the hours of 8:30 

a.m. and 4:30 p.m. weekdays except for 

legal holidays. Contact the person listed 

above under comment submittals. If 

possible, please make the appointment 

at least two working days in advance of 

your visit. There will be a 15 cent per 

page fee for making photocopies of 

documents. On the day of the visit, 

please check in at the EPA Region 6 

reception area at 1445 Ross Avenue, 

Suite 700, Dallas, Texas. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Franks, Ph.D., Marine and 

Coastal Section (6WQ–EC), 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Dallas, 

Texas 75202–2733, telephone (214) 

665–8335, fax number (214) 665–6689; 

email address franks.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule and draft EIS may both be 

obtained via the Internet at http:// 

www.epa.gov/region6/water/ecopro/ 

current_action.html or the Federal eRulemaking Portal: http:// 

www.regulations.gov. To obtain 

hardcopies of these documents please 

contact Dr. Jessica Franks using the 

contact information provided above. 

List of subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Dated: June 12, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2013–14758 Filed 6–21–13; 8:45 am] 

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