Air Plan Approval; California; Butte County; El Dorado County; Mojave Desert Air Quality Management District; San Diego County; Ventura County, 71846-71848 [2020-23551]
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71846
Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Rules and Regulations
the health care professions listed under
38 U.S.C. 7402(b);
(C) Is an employee otherwise
authorized by the Secretary to provide
health care services; or
(D) Is under the clinical supervision
of a health care professional that meets
the requirements of subsection
(a)(2)(iii)(A)–(C) of this section and is
either:
(i) A health professions trainee
appointed under 38 U.S.C. 7405 or 7406
participating in clinical or research
training under supervision to satisfy
program or degree requirements; or
(ii) A health care employee, appointed
under title 5 of the U.S. Code, 38 U.S.C.
7401(1) or (3), or 38 U.S.C. 7405 for any
category of personnel described in 38
U.S.C. 7401(1) or (3) who must obtain
an active, current, full and unrestricted
licensure, registration, certification, or
meet the qualification standards as
defined by the Secretary within the
specified time frame.
(3) State. The term State means a State
as defined in 38 U.S.C. 101(20), or a
political subdivision of such a State.
(b) Health care professional’s
practice. (1) When a State law or
license, registration, certification, or
other requirement prevents or unduly
interferes with a health care
professional’s practice within the scope
of their VA employment, the health care
professional is required to abide by their
Federal duties, which includes, but is
not limited to, the following situations:
(i) A health care professional may
practice their VA health care profession
in any State irrespective of the State
where they hold a valid license,
registration, certification, or other State
qualification; or
(ii) A health care professional may
practice their VA health care profession
within the scope of the VA national
standard of practice as determined by
VA.
(2) VA health care professional’s
practice is subject to the limitations
imposed by the Controlled Substances
Act, 21 U.S.C. 801 et seq. and
implementing regulations at 21 CFR
1300 et seq., on the authority to
prescribe or administer controlled
substances, as well as any other
limitations on the provision of VA care
set forth in applicable Federal law and
policy.
(c) Preemption of State law. Pursuant
to the Supremacy Clause, U.S. Const.
art. IV, cl. 2, and in order to achieve
important Federal interests, including,
but not limited to, the ability to provide
the same complete health care and
hospital service to beneficiaries in all
States as required by 38 U.S.C. 7301,
conflicting State laws, rules, regulations
or requirements pursuant to such laws
are without any force or effect, and State
governments have no legal authority to
enforce them in relation to actions by
health care professionals within the
scope of their VA employment.
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0122. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information 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 https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–2304 or by
email at Lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
ADDRESSES:
[FR Doc. 2020–24817 Filed 11–10–20; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0122; FRL–10014–
19–Region 9]
Air Plan Approval; California; Butte
County; El Dorado County; Mojave
Desert Air Quality Management
District; San Diego County; Ventura
County
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Table of Contents
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Butte County
Air Quality Management District
(BCAQMD), El Dorado County Air
Quality Management District
(EDCAQMD), Mojave Desert Air Quality
Management District (MDAQMD), San
Diego County Air Pollution Control
District (SDCAPCD) and Ventura County
Air Pollution Control District (VCAPCD)
portions of the California State
Implementation Plan (SIP). These
revisions concern rules that include
definitions for certain terms that are
necessary for the implementation of
local rules that regulate sources of air
pollution. We are approving the
definitions rules under the Clean Air
Act (CAA or the Act).
DATES: This rule will be effective on
December 14, 2020.
SUMMARY:
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 6, 2020 (85 FR 40156), the
EPA proposed to approve the five
amended rules listed in Table 1 as
revisions to the California SIP. With
respect to BCAQMD Rule 102, we
determined that the State had not
provided sufficient public process
documentation to provide the basis for
a rescission of the rule from the
applicable SIP, but we recognized that,
because the remaining definitions in
BCAQMD Rule 102 had been moved to
BCAQMD Rule 101 and because we are
approving BCAQMD Rule 101, there is
no reason to retain BCAQMD Rule 102
in the applicable SIP.
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TABLE 1—SUBMITTED RULES
Local agency
BCAQMD ........................
BCAQMD ........................
EDCAQMD .....................
MDAQMD .......................
VerDate Sep<11>2014
Rule title
Rescinded
Amended/
revised
Definitions ............................................................
Definitions ............................................................
General Provisions and Definitions .....................
Definition of Terms ..............................................
........................
2 12/14/2017
........................
........................
12/14/2017
........................
6/20/2017
1/28/2019
Rule No.
15:52 Nov 10, 2020
101
102
101
102
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Submitted
1 5/23/2018
3 5/23/2018
8/9/2017
4 8/19/2019
Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Rules and Regulations
71847
TABLE 1—SUBMITTED RULES—Continued
Local agency
Rule No.
SDCAPCD ......................
VCAPCD ........................
2
2
Rule title
Rescinded
Definitions ............................................................
Definitions ............................................................
........................
........................
We proposed to approve these rules
because we determined that they
comply with the relevant CAA
requirements. Our proposed action and
related technical support documents
(TSDs) contain more information on the
rules and our evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received a comment
letter from a member of the public who
expressed support for the proposed
rulemaking.
III. EPA Action
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No comments were submitted that
change our assessment of the rules as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving these rules into the California
SIP. Our final action includes regulatory
text in 40 CFR 52.220 that incorporates
by reference the amended rules listed in
Table 1 above, and identifies the
previously approved rules that are being
superseded in the California SIP by the
approval of the amended rules. We are
also including regulatory text that
specifically identifies the remaining
definitions in BCAQMD Rule 102
(‘‘Definitions’’) that were superseded by
our approval in 2015 of BCAQMD Rule
300 (‘‘Open Burning Requirements,
Prohibitions and Exemptions’’) 6 and the
remaining definitions that are being
superseded by today’s approval of
amended BCAQMD Rule 101.
1 CARB submitted the amendment to BCAQMD
Rule 101 electronically on May 23, 2018. CARB’s
submittal letter is dated May 18, 2018.
2 The BCAQMD amended Rule 101 on this date
but took no action on Rule 102. The date is from
Enclosure A to CARB Executive Order S–18–004,
May 18, 2018, which is included in CARB’s May
23, 2018 SIP submittal.
3 CARB submitted the rescission of BCAQMD
Rule 102 electronically on May 23, 2018. CARB’s
submittal letter is dated May 18, 2018.
4 CARB submitted the amendment to MDAQMD
Rule 102 electronically on August 19, 2019. CARB’s
submittal letter is dated August 16, 2019.
5 CARB submitted the amendment to VCAPCD
Rule 2 electronically on August 19, 2019. CARB’s
submittal letter is dated August 16, 2019.
6 We approved BCAQMD Rule 300 at 80 FR 38966
(July 8, 2015).
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15:52 Nov 10, 2020
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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
BCAQMD’s, the EDAQMD’s, the
MDAQMD’s, the SDCAPCD’s and the
VCAPCD’s rules 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 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 action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this 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 3, 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);
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Amended/
revised
7/11/2017
4/9/2019
Submitted
11/13/2017
5 8/19/2019
• 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, as
appropriate, disproportionate human
health or environmental effects, using
practicable 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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
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Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Rules and Regulations
States Court of Appeals for the
appropriate circuit by January 11, 2021.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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.
Dated: October 16, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends, part 52,
Chapter I, Title 40 of the Code of
Federal Regulations as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(168)(i)(A)(11) and
(12), (c)(280)(i)(B)(3), (c)(404)(i)(C)(3),
(c)(457)(i)(C)(7), (c)(488)(i)(A)(5),
(c)(503)(i)(C), (c)(516)(i)(B),
(c)(518)(i)(B), (c)(520)(i)(A)(2) and
(c)(542) to read as follows:
■
§ 52.220
Identification of plan-in part.
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*
*
*
*
*
(c) * * *
(168) * * *
(i) * * *
(A) * * *
(11) Previously approved on February
3, 1987 in paragraph (c)(168)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(423)(i)(G)(1), Rule 102 ‘‘Definitions’’:
the definitions for ‘‘approved ignition
devices,’’ ‘‘open out-door fire’’,
‘‘permissive burn day’’ and ‘‘range
improvement burning.’’
(12) Previously approved on February
3, 1987 in paragraph (c)(168)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(518)(i)(B)(1), Rule 102 ‘‘Definitions’’:
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15:52 Nov 10, 2020
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the definitions for ‘‘submerged fill pipe’’
and ‘‘vapor recovery system’’.
*
*
*
*
*
(280) * * *
(i) * * *
(B) * * *
(3) Previously approved on October
10, 2001 in paragraph (c)(280)(i)(B)(2) of
this section and now deleted with
replacement in paragraph
(c)(503)(i)(C)(1), Rule 101, adopted on
February 15, 2000.
*
*
*
*
*
(404) * * *
(i) * * *
(C) * * *
(3) Previously approved on December
7, 2012 in paragraph (c)(404)(i)(C)(1) of
this section and now deleted with
replacement in paragraph
(c)(542)(i)(B)(1), Rule 2, ‘‘Definitions,’’
revised on October 22, 1968, as revised
through April 12, 2011.
*
*
*
*
*
(457) * * *
(i) * * *
(C) * * *
(7) Previously approved on June 11,
2015 in paragraph (c)(457)(i)(C)(1) of
this section and now deleted with
replacement in paragraph
(c)(518)(i)(B)(1), Rule 101,
‘‘Definitions,’’ amended on April 24,
2014.
*
*
*
*
*
(488) * * *
(i) * * *
(A) * * *
(5) Previously approved on June 21,
2017 in paragraph (c)(488)(i)(A)(1) of
this section and now deleted with
replacement in (c)(516)(i)(B)(1),
Regulation 1, Rule 2, ‘‘Definitions,’’ Rev.
Adopted and Effective on June 30, 1999,
Table 1—Exempt Compounds: Rev. and
Effective on June 14, 2016.
*
*
*
*
*
(503) * * *
(i) * * *
(C) El Dorado County Air Quality
Management District.
(1) Rule 101, ‘‘General Provisions and
Definitions,’’ amended on June 20, 2017.
(2) [Reserved]
*
*
*
*
*
(516) * * *
(i) * * *
(B) San Diego County Air Pollution
Control District.
(1) Rule 2, ‘‘Definitions,’’ amended on
July 11, 2017.
(2) [Reserved]
*
*
*
*
*
(518) * * *
(i) * * *
(B) Butte County Air Quality
Management District.
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(1) Rule 101, ‘‘Definitions,’’ amended
on December 14, 2017.
(2) [Reserved]
*
*
*
*
*
(520) * * *
(i) * * *
(A) * * *
(2) Previously approved on July 2,
2019 in paragraph (c)(520)(i)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(542)(i)(A)(1), Rule 102, ‘‘Definition
of Terms,’’ amended on April 23, 2018.
*
*
*
*
*
(542) New regulations for the
following APCDs were submitted on
August 19, 2019 by the Governor’s
designee as an attachment to a letter
dated August 16, 2019.
(i) Incorporation by reference. (A)
Mojave Desert Air Quality Management
District.
(1) Rule 102, ‘‘Definition of Terms,’’
amended on January 28, 2019.
(2) [Reserved]
(B) Ventura County Air Pollution
Control District.
(1) Rule 2, ‘‘Definitions,’’ as amended
through April 9, 2019.
(2) [Reserved]
(ii) [Reserved]
[FR Doc. 2020–23551 Filed 11–10–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket Nos. 19–347, 17–105, 10–71;
FCC 20–135; FRS 17141]
Cable Service Change Notifications;
Modernization of Media Regulation
Initiative; Retransmission Consent
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission revises the regulations
governing the notices that cable
operators must provide subscribers and
local franchise authorities (LFAs)
regarding rate and service changes.
Specifically, document amends the
rules to clarify that when service
changes occur due to retransmission
consent or program carriage negotiations
that fail within the last 30 days of a
contract, cable operators must provide
notice to subscribers ‘‘as soon as
possible,’’ rather than 30 days in
advance. The document also eliminates
the requirement that cable operators not
subject to rate regulation provide 30
days’ advance notice to LFAs of rate or
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 219 (Thursday, November 12, 2020)]
[Rules and Regulations]
[Pages 71846-71848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23551]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0122; FRL-10014-19-Region 9]
Air Plan Approval; California; Butte County; El Dorado County;
Mojave Desert Air Quality Management District; San Diego County;
Ventura County
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Butte County Air Quality Management
District (BCAQMD), El Dorado County Air Quality Management District
(EDCAQMD), Mojave Desert Air Quality Management District (MDAQMD), San
Diego County Air Pollution Control District (SDCAPCD) and Ventura
County Air Pollution Control District (VCAPCD) portions of the
California State Implementation Plan (SIP). These revisions concern
rules that include definitions for certain terms that are necessary for
the implementation of local rules that regulate sources of air
pollution. We are approving the definitions rules under the Clean Air
Act (CAA or the Act).
DATES: This rule will be effective on December 14, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0122. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 https://www.regulations.gov, or please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section for
additional availability information. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-2304 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 6, 2020 (85 FR 40156), the EPA proposed to approve the five
amended rules listed in Table 1 as revisions to the California SIP.
With respect to BCAQMD Rule 102, we determined that the State had not
provided sufficient public process documentation to provide the basis
for a rescission of the rule from the applicable SIP, but we recognized
that, because the remaining definitions in BCAQMD Rule 102 had been
moved to BCAQMD Rule 101 and because we are approving BCAQMD Rule 101,
there is no reason to retain BCAQMD Rule 102 in the applicable SIP.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Amended/
Local agency Rule No. Rule title Rescinded revised Submitted
----------------------------------------------------------------------------------------------------------------
BCAQMD......................... 101 Definitions.... .............. 12/14/2017 \1\ 5/23/2018
BCAQMD......................... 102 Definitions.... \2\ 12/14/2017 .............. \3\ 5/23/2018
EDCAQMD........................ 101 General .............. 6/20/2017 8/9/2017
Provisions and
Definitions.
MDAQMD......................... 102 Definition of .............. 1/28/2019 \4\ 8/19/2019
Terms.
[[Page 71847]]
SDCAPCD........................ 2 Definitions.... .............. 7/11/2017 11/13/2017
VCAPCD......................... 2 Definitions.... .............. 4/9/2019 \5\ 8/19/2019
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action and
related technical support documents (TSDs) contain more information on
the rules and our evaluation.
---------------------------------------------------------------------------
\1\ CARB submitted the amendment to BCAQMD Rule 101
electronically on May 23, 2018. CARB's submittal letter is dated May
18, 2018.
\2\ The BCAQMD amended Rule 101 on this date but took no action
on Rule 102. The date is from Enclosure A to CARB Executive Order S-
18-004, May 18, 2018, which is included in CARB's May 23, 2018 SIP
submittal.
\3\ CARB submitted the rescission of BCAQMD Rule 102
electronically on May 23, 2018. CARB's submittal letter is dated May
18, 2018.
\4\ CARB submitted the amendment to MDAQMD Rule 102
electronically on August 19, 2019. CARB's submittal letter is dated
August 16, 2019.
\5\ CARB submitted the amendment to VCAPCD Rule 2 electronically
on August 19, 2019. CARB's submittal letter is dated August 16,
2019.
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received a comment letter from a member of the
public who expressed support for the proposed rulemaking.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the California SIP. Our final action includes regulatory text in
40 CFR 52.220 that incorporates by reference the amended rules listed
in Table 1 above, and identifies the previously approved rules that are
being superseded in the California SIP by the approval of the amended
rules. We are also including regulatory text that specifically
identifies the remaining definitions in BCAQMD Rule 102
(``Definitions'') that were superseded by our approval in 2015 of
BCAQMD Rule 300 (``Open Burning Requirements, Prohibitions and
Exemptions'') \6\ and the remaining definitions that are being
superseded by today's approval of amended BCAQMD Rule 101.
---------------------------------------------------------------------------
\6\ We approved BCAQMD Rule 300 at 80 FR 38966 (July 8, 2015).
---------------------------------------------------------------------------
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
BCAQMD's, the EDAQMD's, the MDAQMD's, the SDCAPCD's and the VCAPCD's
rules 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 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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 3,
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, as appropriate, disproportionate human health or
environmental effects, using practicable 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United
[[Page 71848]]
States Court of Appeals for the appropriate circuit by January 11,
2021. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this action for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
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.
Dated: October 16, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends, part 52,
Chapter I, Title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(168)(i)(A)(11)
and (12), (c)(280)(i)(B)(3), (c)(404)(i)(C)(3), (c)(457)(i)(C)(7),
(c)(488)(i)(A)(5), (c)(503)(i)(C), (c)(516)(i)(B), (c)(518)(i)(B),
(c)(520)(i)(A)(2) and (c)(542) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(168) * * *
(i) * * *
(A) * * *
(11) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(423)(i)(G)(1), Rule 102 ``Definitions'': the definitions
for ``approved ignition devices,'' ``open out-door fire'', ``permissive
burn day'' and ``range improvement burning.''
(12) Previously approved on February 3, 1987 in paragraph
(c)(168)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(518)(i)(B)(1), Rule 102 ``Definitions'': the definitions
for ``submerged fill pipe'' and ``vapor recovery system''.
* * * * *
(280) * * *
(i) * * *
(B) * * *
(3) Previously approved on October 10, 2001 in paragraph
(c)(280)(i)(B)(2) of this section and now deleted with replacement in
paragraph (c)(503)(i)(C)(1), Rule 101, adopted on February 15, 2000.
* * * * *
(404) * * *
(i) * * *
(C) * * *
(3) Previously approved on December 7, 2012 in paragraph
(c)(404)(i)(C)(1) of this section and now deleted with replacement in
paragraph (c)(542)(i)(B)(1), Rule 2, ``Definitions,'' revised on
October 22, 1968, as revised through April 12, 2011.
* * * * *
(457) * * *
(i) * * *
(C) * * *
(7) Previously approved on June 11, 2015 in paragraph
(c)(457)(i)(C)(1) of this section and now deleted with replacement in
paragraph (c)(518)(i)(B)(1), Rule 101, ``Definitions,'' amended on
April 24, 2014.
* * * * *
(488) * * *
(i) * * *
(A) * * *
(5) Previously approved on June 21, 2017 in paragraph
(c)(488)(i)(A)(1) of this section and now deleted with replacement in
(c)(516)(i)(B)(1), Regulation 1, Rule 2, ``Definitions,'' Rev. Adopted
and Effective on June 30, 1999, Table 1--Exempt Compounds: Rev. and
Effective on June 14, 2016.
* * * * *
(503) * * *
(i) * * *
(C) El Dorado County Air Quality Management District.
(1) Rule 101, ``General Provisions and Definitions,'' amended on
June 20, 2017.
(2) [Reserved]
* * * * *
(516) * * *
(i) * * *
(B) San Diego County Air Pollution Control District.
(1) Rule 2, ``Definitions,'' amended on July 11, 2017.
(2) [Reserved]
* * * * *
(518) * * *
(i) * * *
(B) Butte County Air Quality Management District.
(1) Rule 101, ``Definitions,'' amended on December 14, 2017.
(2) [Reserved]
* * * * *
(520) * * *
(i) * * *
(A) * * *
(2) Previously approved on July 2, 2019 in paragraph
(c)(520)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(542)(i)(A)(1), Rule 102, ``Definition of Terms,'' amended
on April 23, 2018.
* * * * *
(542) New regulations for the following APCDs were submitted on
August 19, 2019 by the Governor's designee as an attachment to a letter
dated August 16, 2019.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 102, ``Definition of Terms,'' amended on January 28, 2019.
(2) [Reserved]
(B) Ventura County Air Pollution Control District.
(1) Rule 2, ``Definitions,'' as amended through April 9, 2019.
(2) [Reserved]
(ii) [Reserved]
[FR Doc. 2020-23551 Filed 11-10-20; 8:45 am]
BILLING CODE 6560-50-P
