Air Quality Implementation Plan; California; Calaveras County Air Pollution Control District and Mariposa County Air Pollution Control District; Stationary Source Permits, 73634-73636 [2020-23922]
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Rules and Regulations
EPA APPROVED IDAHO REGULATIONS AND STATUTES
State
citation
Title/subject
EPA
approval
date
State effective date
Explanations
Idaho Administrative Procedures Act (IDAPA) 58.01.01—Rules for the Control of Air Pollution in Idaho
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006 .....................
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General Definitions ............... 4/11/2019, 4/11/2015, 4/4/
2013, 3/30/2007, 4/11/
2006, 7/1/2002, 4/5/2000,
3/20/1997, 5/1/1994.
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11/19/2020, [Insert Federal
Register citation].
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Except Section 006.49,
006.50, 006.51, 006.66,
006.67, 006.68.b, 006.116,
and 006.118.
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107 .....................
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Incorporation by Reference .. 3/20/2020 ..............................
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11/19/2020, [Insert Federal
Register citation].
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Except Section 107.03.f
through 107.03.p.
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221 .....................
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Category I Exemptions ......... 4/11/2019 ..............................
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222 .....................
Category II Exemptions ........
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11/19/2020, [Insert Federal
Register citation].
11/19/2020, [Insert Federal
Register citation].
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404 .....................
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Procedure for Issuing Permits.
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11/19/2020, [Insert Federal
Register citation].
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4/11/2019 ..............................
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4/11/2019 ..............................
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[FR Doc. 2020–24692 Filed 11–18–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
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two rules, one submitted by the
CCAPCD and the other by the MCAPCD,
governing the issuance of permits for
stationary sources, focusing on the
preconstruction review and permitting
of major sources and major
modifications under part D of title I of
the Clean Air Act (CAA or ‘‘the Act’’).
INFORMATION CONTACT
Theses rules will be effective on
December 21, 2020.
FOR FURTHER INFORMATION CONTACT:
DATES:
[EPA–R09–OAR–2019–0498; FRL–10015–
31–Region 9]
Air Quality Implementation Plan;
California; Calaveras County Air
Pollution Control District and Mariposa
County Air Pollution Control District;
Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing revisions to
the Calaveras County Air Pollution
Control District (CCAPCD) and the
Mariposa County Air Pollution Control
District (MCAPCD) portions of the
California State Implementation Plan
(SIP). In this action, we are approving
SUMMARY:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0498. 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 (CBI) or other information
the disclosure of which 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
ADDRESSES:
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.
Amber Batchelder, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4174 or by
email at batchelder.amber@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘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 20, 2020 (85 FR 43785), the
EPA proposed to approve the following
rules into the California SIP.
TABLE 1—SUBMITTED RULES
District
Rule or
regulation No.
Rule title
Calaveras County APCD ......
Rule 428 ..............
Mariposa County APCD .......
Regulation XI .......
NSR Requirements for New and Modified Major Sources
in Nonattainment Areas.
NSR Requirements for New and Modified Major Sources
in the Mariposa County Air Pollution Control District.
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04/05/19
Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Rules and Regulations
On April 12, 2019, the EPA
determined that the California SIP
submittals listed above in Table 1 met
the completeness criteria in 40 CFR part
51, appendix V, which must be met
before formal EPA review.2
For areas designated nonattainment
for one or more National Ambient Air
Quality Standards (NAAQS), the
applicable SIP must include
preconstruction review and permitting
requirements for new or modified major
stationary sources of such
nonattainment pollutant(s) under part D
of title I of the Act, commonly referred
to as Nonattainment New Source
Review (NNSR). The rules listed in
Table 1 contain the Districts’ respective
NNSR permit programs applicable to
new and modified major sources located
in areas designated nonattainment for
any ozone NAAQS. These rules also
contain the Districts’ respective
requirements for the review of new
major stationary sources or major
modifications in a designated
nonattainment area that may have an
impact on visibility in any mandatory
Class I Federal Area in accordance with
40 CFR 51.307. We proposed to approve
these rules into the California SIP
because we determined that they
comply with the relevant CAA
requirements. Our proposed action
contains 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 two comments,
which are included in the docket for
this action. We do not consider these
comments to be germane or relevant to
this action, thus these comments are not
adverse to this action. Moreover, the
comments lack the required specificity
to the proposed SIP revisions and the
relevant CAA requirements, and do not
address the specific regulations or
provisions in question or recommend an
action on the SIP submission different
from what EPA proposed. Therefore, we
are finalizing our action as proposed.
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action. We
1 Each submittal was transmitted to the EPA via
a letter from the California Air Resources Board
(CARB) dated April 3, 2019.
2 See letter dated April 12, 2019 from Elizabeth
J. Adams, US EPA Region 9, to Richard Corey,
CARB, regarding the April 5, 2019 submittal of
CCAPCD Rule 428; and letter dated April 12, 2019
from Elizabeth J. Adams, US EPA Region 9, to
Richard Corey, CARB, regarding the April 5, 2019
submittal of MCAPCD Regulation XI.
VerDate Sep<11>2014
17:24 Nov 18, 2020
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continue to find that CCAPCD Rule 428
and MCAPCD Regulation XI satisfy the
relevant requirements for a CAA NNSR
program for ozone, as well as the
associated visibility requirements for
sources subject to review under such a
program in accordance with 40 CFR
51.307. Therefore, as authorized in
section 110(k)(3) and 301(a) of the Act,
the EPA is finalizing approval of
CCAPCD Rule 428 and MCAPCD
Regulation XI. This action incorporates
the submitted rules into the California
SIP. In conjunction with the EPA’s SIP
approval of the Districts’ respective
visibility programs for sources subject to
the NNSR program, this action also
revises the scope of the visibility
Federal Implementation Plan (FIP) at 40
CFR 52.28 in California so that this FIP
no longer applies to sources located in
the CCAPCD and MCAPCD that are
subject to these District visibility
programs, while clarifying that the FIP
continues to apply in these and other
areas within California to sources
located on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction.
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 rules
listed in Table 1 of this preamble. The
EPA has made, and will continue to
make, these materials available
electronically through https://
www.regulations.gov and in hard copy
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
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
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. 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 CAA. 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:
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73635
• 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 CAA; 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
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Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / Rules and Regulations
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 19, 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
Administrative practice and
procedure, Environmental protection,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: October 21, 2020.
John Busterud,
Regional Administrator, Region IX.
For reasons set out in the preamble,
EPA amends 40 CFR part 52, chapter I,
to read as follows:
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(d) The provisions of § 52.28 are
hereby incorporated and made part of
the applicable plan for the State of
California, except for the air pollution
control districts listed below. The
provisions of § 52.28 remain the
applicable plan for any Indian
reservation lands, and any other area of
Indian country where the EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction, located within the
State of California, including any such
areas located in the air pollution control
districts listed below.
(1) Monterey County air pollution
control district,
(2) Sacramento County air pollution
control district,
(3) Calaveras County air pollution
control district, and
(4) Mariposa County air pollution
control district.
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[FR Doc. 2020–23922 Filed 11–18–20; 8:45 am]
40 CFR Part 52
Authority: 42 U.S.C. 7401 et seq.
[EPA–R05–OAR–2020–055; FRL–10016–32–
Region 5]
Subpart F—California
Air Plan Approval; Ohio; Technical
Amendment
2. Section 52.220 is amended by
adding paragraph (c)(544) to read as
follows:
■
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(c) * * *
(544) The following regulations were
submitted on April 5, 2019 by the
Governor’s designee as an attachment to
a letter dated April 3, 2019.
(i) Incorporation by reference.
(A) Calaveras County Air Pollution
Control District.
(1) Rule 428, ‘‘NSR Requirements for
New and Modified Major Sources in
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Identification of plan-in part.
17:24 Nov 18, 2020
Visibility protection.
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ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 52
continues to read as follows:
■
VerDate Sep<11>2014
§ 52.281
BILLING CODE 6560–50–P
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.220
Nonattainment Areas,’’ adopted on
March 12, 2019.
(2) [Reserved]
(B) Mariposa County Air Pollution
Control District.
(1) Regulation XI, ‘‘NSR Requirements
for New and Modified Major Sources in
the Mariposa County Air Pollution
Control District,’’ adopted on March 12,
2019.
(2) [Reserved]
(ii) [Reserved]
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■ 3. Section 52.281 is amended by
revising paragraph (d) to read as
follows:
The Environmental Protection
Agency (EPA) is finalizing the removal
of the air pollution nuisance rule from
the Ohio State Implementation Plan
(SIP) using a Clean Air Act (CAA) error
correction provision. EPA has
determined that this rule was not relied
upon by Ohio to demonstrate
implementation, maintenance or
SUMMARY:
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enforcement of any national ambient air
quality standard (NAAQS). Upon the
effective date of this action, the
nuisance rule will no longer be part of
the Ohio SIP.
DATES: This final rule is effective on
December 21, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2020–0055. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.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 either through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID–19. We
recommend that you telephone Rachel
Rineheart, Environmental Engineer, at
(312) 886–7017 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–7017,
rineheart.rachel@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. What is the background for this
action?
The CAA was first enacted in 1970.
Section 110(a)(1) required each state to
submit to EPA a SIP that provided for
the implementation, maintenance and
enforcement of the NAAQS. In the
1970s and early 1980s, thousands of
state and local agency regulations were
submitted to EPA for incorporation into
SIPs, ostensibly to fulfill the new
Federal requirements. In many cases,
states submitted entire regulatory air
pollution programs, including many
elements not required by the CAA. Due
to time and resource constraints, EPA’s
review of these submittals focused
primarily on the rules addressing the
new substantive requirements of the
CAA, and we approved many other
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]]>Agencies
[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Rules and Regulations]
[Pages 73634-73636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23922]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0498; FRL-10015-31-Region 9]
Air Quality Implementation Plan; California; Calaveras County Air
Pollution Control District and Mariposa County Air Pollution Control
District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
revisions to the Calaveras County Air Pollution Control District
(CCAPCD) and the Mariposa County Air Pollution Control District
(MCAPCD) portions of the California State Implementation Plan (SIP). In
this action, we are approving two rules, one submitted by the CCAPCD
and the other by the MCAPCD, governing the issuance of permits for
stationary sources, focusing on the preconstruction review and
permitting of major sources and major modifications under part D of
title I of the Clean Air Act (CAA or ``the Act'').
DATES: Theses rules will be effective on December 21, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0498. 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 (CBI) or other information the
disclosure of which 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: Amber Batchelder, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4174 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``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 20, 2020 (85 FR 43785), the EPA proposed to approve the
following rules into the California SIP.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
District Rule or regulation No. Rule title Adopted Submitted \1\
----------------------------------------------------------------------------------------------------------------
Calaveras County APCD......... Rule 428................ NSR Requirements for 03/12/19 04/05/19
New and Modified
Major Sources in
Nonattainment Areas.
Mariposa County APCD.......... Regulation XI........... NSR Requirements for 03/12/19 04/05/19
New and Modified
Major Sources in the
Mariposa County Air
Pollution Control
District.
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[[Page 73635]]
On April 12, 2019, the EPA determined that the California SIP
submittals listed above in Table 1 met the completeness criteria in 40
CFR part 51, appendix V, which must be met before formal EPA review.\2\
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\1\ Each submittal was transmitted to the EPA via a letter from
the California Air Resources Board (CARB) dated April 3, 2019.
\2\ See letter dated April 12, 2019 from Elizabeth J. Adams, US
EPA Region 9, to Richard Corey, CARB, regarding the April 5, 2019
submittal of CCAPCD Rule 428; and letter dated April 12, 2019 from
Elizabeth J. Adams, US EPA Region 9, to Richard Corey, CARB,
regarding the April 5, 2019 submittal of MCAPCD Regulation XI.
---------------------------------------------------------------------------
For areas designated nonattainment for one or more National Ambient
Air Quality Standards (NAAQS), the applicable SIP must include
preconstruction review and permitting requirements for new or modified
major stationary sources of such nonattainment pollutant(s) under part
D of title I of the Act, commonly referred to as Nonattainment New
Source Review (NNSR). The rules listed in Table 1 contain the
Districts' respective NNSR permit programs applicable to new and
modified major sources located in areas designated nonattainment for
any ozone NAAQS. These rules also contain the Districts' respective
requirements for the review of new major stationary sources or major
modifications in a designated nonattainment area that may have an
impact on visibility in any mandatory Class I Federal Area in
accordance with 40 CFR 51.307. We proposed to approve these rules into
the California SIP because we determined that they comply with the
relevant CAA requirements. Our proposed action contains 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 two comments, which are included in the
docket for this action. We do not consider these comments to be germane
or relevant to this action, thus these comments are not adverse to this
action. Moreover, the comments lack the required specificity to the
proposed SIP revisions and the relevant CAA requirements, and do not
address the specific regulations or provisions in question or recommend
an action on the SIP submission different from what EPA proposed.
Therefore, we are finalizing our action as proposed.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. We continue to find that CCAPCD
Rule 428 and MCAPCD Regulation XI satisfy the relevant requirements for
a CAA NNSR program for ozone, as well as the associated visibility
requirements for sources subject to review under such a program in
accordance with 40 CFR 51.307. Therefore, as authorized in section
110(k)(3) and 301(a) of the Act, the EPA is finalizing approval of
CCAPCD Rule 428 and MCAPCD Regulation XI. This action incorporates the
submitted rules into the California SIP. In conjunction with the EPA's
SIP approval of the Districts' respective visibility programs for
sources subject to the NNSR program, this action also revises the scope
of the visibility Federal Implementation Plan (FIP) at 40 CFR 52.28 in
California so that this FIP no longer applies to sources located in the
CCAPCD and MCAPCD that are subject to these District visibility
programs, while clarifying that the FIP continues to apply in these and
other areas within California to sources located on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction.
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 rules
listed in Table 1 of this preamble. The EPA has made, and will continue
to make, these materials available electronically through https://www.regulations.gov and in hard copy 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
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
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. 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 CAA. 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 CAA; 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
[[Page 73636]]
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 19, 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
Administrative practice and procedure, Environmental protection,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: October 21, 2020.
John Busterud,
Regional Administrator, Region IX.
For reasons set out in the preamble, EPA amends 40 CFR part 52,
chapter I, to read 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 paragraph (c)(544) to read as
follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(544) The following regulations were submitted on April 5, 2019 by
the Governor's designee as an attachment to a letter dated April 3,
2019.
(i) Incorporation by reference.
(A) Calaveras County Air Pollution Control District.
(1) Rule 428, ``NSR Requirements for New and Modified Major Sources
in Nonattainment Areas,'' adopted on March 12, 2019.
(2) [Reserved]
(B) Mariposa County Air Pollution Control District.
(1) Regulation XI, ``NSR Requirements for New and Modified Major
Sources in the Mariposa County Air Pollution Control District,''
adopted on March 12, 2019.
(2) [Reserved]
(ii) [Reserved]
* * * * *
0
3. Section 52.281 is amended by revising paragraph (d) to read as
follows:
Sec. 52.281 Visibility protection.
* * * * *
(d) The provisions of Sec. 52.28 are hereby incorporated and made
part of the applicable plan for the State of California, except for the
air pollution control districts listed below. The provisions of Sec.
52.28 remain the applicable plan for any Indian reservation lands, and
any other area of Indian country where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction, located within the State of
California, including any such areas located in the air pollution
control districts listed below.
(1) Monterey County air pollution control district,
(2) Sacramento County air pollution control district,
(3) Calaveras County air pollution control district, and
(4) Mariposa County air pollution control district.
* * * * *
[FR Doc. 2020-23922 Filed 11-18-20; 8:45 am]
BILLING CODE 6560-50-P
