Clean Air Plans; Contingency Measures for the Fine Particulate Matter Standards; San Joaquin Valley, California

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 52</CFR> <DEPDOC>[EPA-R09-OAR-2023-0477; FRL-11532-03-R9]</DEPDOC> <SUBJECT>Clean Air Plans; Contingency Measures for the Fine Particulate Matter Standards; San Joaquin Valley, California</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is taking final action to approve two state implementation plan (SIP) submissions under the Clean Air Act (CAA) that address the contingency measure requirements for the 1997 annual, 2006 24-hour, and 2012 annual fine particulate matter (PM <E T="52">2.5</E> ) national ambient air quality standards (NAAQS or “standards”) for the San Joaquin Valley PM <E T="52">2.5</E> nonattainment area in California. The two SIP submissions include the area's contingency measure plan element and two specific contingency measures that would apply to residential wood burning heaters and fireplaces and to non-agricultural, rural open areas. A third contingency measure, applicable to light-duty on-road motor vehicles, has been approved into the California SIP in a separate action by the EPA, and the related emission reductions from the third measure are accounted for in this final rule. The EPA is finalizing approval of the SIP submissions because the Agency has determined that they are in accordance with the applicable requirements for such SIP submissions under the CAA and the EPA's implementing regulations for the PM <E T="52">2.5</E> NAAQS. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective November 4, 2024. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2023-0477. All documents in the docket are listed on the <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through <E T="03">https://www.regulations.gov,</E> or please contact the person identified in the <E T="02">FOR FURTHER INFORMATION CONTACT</E> section for additional availability information. 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> section. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Rory Mays, Planning and Analysis Branch (AIR-2), Air and Radiation Division, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3227; email: <E T="03">mays.rory@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document, “we,” “us” and “our” refer to the EPA. <HD SOURCE="HD1">Table of Contents </HD> <EXTRACT> <FP SOURCE="FP-2">I. Background</FP> <FP SOURCE="FP1-2">A. Proposed Action</FP> <FP SOURCE="FP1-2">B. Changes to Proposed Action</FP> <FP SOURCE="FP-2">II. Public Comments and EPA Responses</FP> <FP SOURCE="FP-2">III. Environmental Justice Considerations</FP> <FP SOURCE="FP-2">IV. EPA Action</FP> <FP SOURCE="FP-2">V. Incorporation by Reference</FP> <FP SOURCE="FP-2">VI. Statutory and Executive Order Reviews</FP> </EXTRACT> <HD SOURCE="HD1">I. Background</HD> <HD SOURCE="HD2">A. Proposed Action</HD> On December 20, 2023 (88 <E T="04">Federal Register</E> (FR) 87988), the EPA proposed to approve California's contingency measure SIP submissions for the 1997 annual, 2006 24-hour, and 2012 annual PM <E T="52">2.5</E> NAAQS submitted by the California Air Resources Board (CARB) for the San Joaquin Valley nonattainment area in California. Specifically, the SIP submissions include the “PM <E T="52">2.5</E> Contingency Measure State Implementation Plan Revision (May 18, 2023)” (herein referred to as the “SJV PM <E T="52">2.5</E> Contingency Measure SIP”), revisions to San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD or “District”) Rule 4901 (amended May 18, 2023)  <SU>1</SU> <FTREF/> that add PM <E T="52">2.5</E> NAAQS contingency provisions that we refer to herein as the “Residential Wood Burning Contingency Measure,” and revisions to Rule 8051 (amended September 21, 2023)  <SU>2</SU> <FTREF/> that add PM <E T="52">2.5</E> NAAQS contingency provisions that we refer to herein as the “Rural Open Areas Contingency Measure.” CARB submitted the SJV PM <E T="52">2.5</E> Contingency Measure SIP and the Residential Wood Burning Contingency Measure on June 8, 2023, <SU>3</SU> <FTREF/> and the Rural Open Areas Contingency Measure on October 16, 2023, <SU>4</SU> <FTREF/> as revisions to the California SIP. <FTNT> <SU>1</SU>  SJVUAPCD Rule 4901 is titled “Wood Burning Fireplaces and Wood Burning Heaters.” </FTNT> <FTNT> <SU>2</SU>  SJVUAPCD Rule 8051 is titled “Open Areas.” </FTNT> <FTNT> <SU>3</SU>  CARB adopted the SJV PM <E T="52">2.5</E> Contingency Measure SIP and Residential Wood Burning Contingency Measure as SIP revisions on June 7, 2023, through Executive Order S-23-010 and submitted the SIP revisions to the EPA electronically on June 8, 2023, as attachments to a letter dated June 7, 2023, from Steven S. Cliff, Ph.D., Executive Officer, CARB to Martha Guzman, Regional Administrator, EPA Region IX. </FTNT> <FTNT> <SU>4</SU>  CARB adopted the Rural Open Areas Contingency Measure as a SIP revision on October 13, 2023, through Executive Order S-23-014 and submitted the SIP revision to the EPA electronically on October 16, 2023, as an attachment to a letter dated October 13, 2023, from Steven S. Cliff, Ph.D., Executive Officer, CARB to Martha Guzman, Regional Administrator, EPA Region IX. </FTNT> In addition, in a separate proposed rule also published on December 20, 2023, the EPA proposed approval of a third contingency measure, applicable to light-duty on-road motor vehicles, and the related emission reductions from the third measure are accounted for in this final rule. <SU>5</SU> <FTREF/> We refer to the third contingency measure as the “Smog Check Contingency Measure.” <FTNT> <SU>5</SU>  88 FR 87981 (December 20, 2023). We note that the EPA finalized approval of the Smog Check Contingency Measure. 89 FR 56222 (July 9, 2024). </FTNT> We proposed to approve the SJV PM <E T="52">2.5</E> Contingency Measure SIP, the Residential Wood Burning Contingency Measure, and the Rural Open Areas Contingency Measure because we determined that they, along with emission reductions from the Smog Check Contingency Measure, comply with the contingency measure SIP requirements of CAA section 172(c)(9) and EPA's implementing regulations at 40 CFR 51.1014. We collectively refer herein to CARB's contingency measure SIP submissions for the 1997 annual, 2006 24-hour, and 2012 annual PM <E T="52">2.5</E> NAAQS for the San Joaquin Valley as the State's “2023 SIP Submissions.” In sections I and II of the proposed rule, we presented background information on the 1997 annual and 24-hour, the 2006 24-hour and 2012 annual PM <E T="52">2.5</E> NAAQS, the nonattainment designations and classifications of the San Joaquin Valley for these PM <E T="52">2.5</E> NAAQS, and the resultant contingency measure SIP obligations; summarized our prior PM <E T="52">2.5</E> contingency measure findings of failure to submit  <SU>6</SU> <FTREF/> and disapprovals for the San Joaquin Valley;  <SU>7</SU> <FTREF/> described the SIP submissions at issue in this action; and provided the basis for our preliminary conclusion that the SIP submissions met applicable procedural requirements. <SU>8</SU> <FTREF/> In section III of the proposed rule, we summarized the contingency measure SIP requirements under the CAA and the EPA's implementing regulations, relevant EPA guidance, and legal precedent, including a brief discussion of relevant decisions by the Ninth Circuit Court of Appeals  <SU>9</SU> <FTREF/> and the D.C. Circuit Court of Appeals.  83 FR 62720 (December 6, 2018). In response to our finding of failure to submit, the EPA proposed a Federal Implementation Plan (FIP) to address the contingency measure requirements for the 1997 annual, 2006 24-hour and 2012 annual PM <E T="52">2.5</E> NAAQS at 88 FR 53431 (August 8, 2023). </FTNT> <FTNT> <SU>7</SU>  86 FR 67343 (November 26, 2021) and 86 FR 67329 (November 26, 2021). </FTNT> <FTNT> <SU>8</SU>  88 FR 87988, 87989-87993 (December 20, 2023). </FTNT> <FTNT> <SU>9</SU>   <E T="03">Bahr</E> v. <E T="03">EPA,</E> 836 F.3d 1218, 1235-1237 (9th Cir. 2016) and <E T="03">Assoc. of Irritated Residents</E> v. <E T="03">EPA,</E> 10 F.4th 937, 946-47 (9th Cir. 2021) (“ <E T="03">AIR</E> v. <E T="03">EPA”</E> or “ <E T="03">AIR”</E> ). </FTNT> <FTNT> <SU>10</SU>   <E T="03">Sierra Club</E> v. <E T="03">EPA,</E> 21 F.4th 815, 827-828 (D.C. Cir. 2021). <SU>11</SU>  88 FR 87988, 87993-87994. </FTNT> In addition, we described the EPA's long-standing approach to contingency measures and the EPA's revised approach for addressing the contingency measure SIP requirements, as presented in the EPA's draft guidance, entitled “Draft: Guidance on the Preparation of State Implementation Plan Provisions that Address the Nonattainment Area Contingency Measure Requirements for Ozone and Particulate Matter (DRAFT—3/17/23—Public Review Version),” herein referred to as the “Draft Revised Contingency Measure Guidance.”  <SU>12</SU> <FTREF/> ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 140k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━