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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations
the December 31, 2021 attainment date.
The EPA approved City Ordinance No.
344 into the SIP on March 5, 2018.7 The attainment control strategy in the Portola PM2.5 Plan also relies on an enforceable state commitment to implement an incentive grant program called the Greater Portola Woodstove Change-out Program 2016 Wood Stove Program during the 2016 to 2021 period to fund the replacement of uncertified wood stoves with newer, EPA-certified devices and to educate residents on proper ways to store and burn wood. The EPA approved the Wood Stove Program into the SIP on April 2, 2018.8
On October 28, 2020, CARB submitted Ordinance No. 359: An Ordinance of the City of Portola, County of Plumas Amending Chapter 15.10 of the City of Portola Municipal Code Providing for Regulation of Wood Stoves and Fireplaces and the Prohibition of the Open Burning of Yard Waste City Ordinance No. 359, together with a document entitled Proposed Portola PM2.5 Plan Contingency Measure SIP
Submittal, October 16, 2020 hereafter CARB Staff Report, to the EPA with a request for approval into the SIP
through the EPAs parallel processing procedures in 40 CFR part 51, appendix V, section 2.3.9 We refer to this submission of City Ordinance No. 359
and the CARB Staff Report together as the Proposed PM2.5 Plan Revision.
The Proposed PM2.5 Plan Revision contains, among other things, a contingency measure in City Ordinance No. 359 that revises and supplements the contingency measure element of the Portola PM2.5 Plan.10
On December 3, 2020, the EPA
proposed to approve the Proposed PM2.5
Plan Revision, through parallel processing, and to approve the contingency measure element of the Portola PM2.5 Plan, as revised and supplemented by the Proposed PM2.5
Plan Revision.11 Specifically, the EPA
proposed to find that the contingency measure element of the Portola PM2.5
Plan, as revised and supplemented by the Proposed PM2.5 Plan Revision, would satisfy the requirements for contingency measures in CAA section 172c9 and 40 CFR 51.1014 for 7 83

FR 9213.
FR 13871.
9 Letter dated October 28, 2020, from Richard Corey, Executive Officer, CARB, to John Busterud, Regional Administrator, EPA Region IX, with enclosures.
10 CARB requested that the EPA entirely replace City Ordinance No. 344 in the SIP with City Ordinance No. 359. NSAQMD, Resolution 202009
October 26, 2020.
11 85 FR 78050 December 3, 2020.

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purposes of the 2012 PM2.5 NAAQS in the Portola nonattainment area. Our proposed approval was contingent upon the States submission of the final, adopted PM2.5 Plan Revision in time for the EPA to finalize this action by March 1, 2021, our court-ordered deadline for taking final action on the contingency measure element of the Portola PM2.5
Plan.12 The EPA also proposed to find that the requirement for contingency measures to address a failure to meet a reasonable further progress RFP
requirement for the 2019 RFP milestone year was moot as applied to the Portola nonattainment area, because the State and District had adequately demonstrated that the emission reductions needed for RFP had been achieved and that the Portola nonattainment area had met its 2019
quantitative milestone. Finally, the EPA
proposed to approve a new prohibition on the open burning of yard waste and related provisions in City Ordinance No.
359 that would strengthen the SIP, excluding paragraph 15.10.060 B. and sections 15.10.100 and 15.10.110
regarding penalties and violations.13
On November 19, 2020, CARB
adopted the Proposed PM2.5 Plan Revision, and on December 29, 2020, CARB submitted the final PM2.5 Plan Revision to the EPA as a revision to the California SIP.14 The SIP submission includes evidence that the State provided adequate public notice and an opportunity for a public hearing, consistent with the EPAs implementing regulations in 40 CFR 51.102.
II. Public Comments and EPA
Responses The EPAs proposed action provided a 30-day public comment period that ended on January 4, 2021. During this period, the EPA received one anonymous comment that does not articulate any issue.15 We do not respond to this comment because it fails to identify any issue that is germane to the EPAs action.
12 Order, Center for Biological Diversity, et al. v.
Andrew Wheeler, Case No. 3:19cv02782EMC
N.D. Cal., February 19, 2020.
13 85 FR 78050.
14 CARB Resolution 2026, Proposed Portola PM2.5 Plan Contingency Measure State Implementation Plan Submittal November 19, 2020 and letter dated December 28, 2020, from Richard W. Corey, Executive Officer, CARB, to John W. Busterud, Regional Administrator, EPA Region IX, including enclosures transmitting Proposed Portola PM2.5 Plan Contingency Measure State Implementation Plan Submittal.
15 The comment is available in the docket for this rulemaking at https www.regulations.gov/
document?D=EPA-R09-OAR-2020-0534-0028.

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III. Final Action For the reasons discussed in detail in the proposed rule and summarized herein, under CAA section 110k3, the EPA is taking final action to approve the PM2.5 Plan Revision and to approve the contingency measure element of the Portola PM2.5 Plan, as revised and supplemented by the PM2.5 Plan Revision, as meeting the contingency measure requirements of CAA section 172c9 and 40 CFR 51.1014 for the 2012 annual PM2.5 NAAQS in the Portola nonattainment area. The EPA is also determining that the requirement for RFP contingency measures for the 2019 milestone date is moot as applied to the Portola nonattainment area, because the State and District have adequately demonstrated that the emission reductions needed for RFP
have been achieved and that the 2019
quantitative milestone has been met in the Portola nonattainment area.
Finally, the EPA is approving new provisions in City Ordinance No. 359
concerning open burning of yard wastes and other debris, including related definitions and exemptions. These provisions strengthen the SIP and are consistent with CAA requirements regarding enforceability and SIP
revisions. At the States and Districts request, we are not acting on paragraph 15.10.060 B., section 15.10.100, or section 15.10.110 of City Ordinance No.
359.
IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the City of Portola ordinance described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents 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.
V. Statutory and Executive Order Reviews Under the CAA, 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves, or conditionally approves, state plans as meeting federal
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