Air Quality Implementation Plan; California; Northern Sierra Air Quality Management District; Stationary Source Permits, 74263-74265 [2020-24926]
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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Rules and Regulations
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–1, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a SLR
lasting seven hours per day over three
days that will prohibit persons and
vessels from entering or transiting the
regulated area during the air show. In
April 2018, the Coast Guard prepared a
Supplemental Environmental
Assessment to assess the effects of the
Ft Lauderdale Air show on the human
environment resulting in a finding of no
significant impact. The Supplemental
Environmental Assessment and Finding
of No Significant Impact (FONSI) are
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
khammond on DSKJM1Z7X2PROD with RULES
List of Subjects in 33 CFR Part 100
Marine safety; Navigation (water);
Waterways; Reporting and
recordkeeping requirements,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
§ 100.T07–0128 Special Local Regulation;
Fort Lauderdale Air Show; Atlantic Ocean,
Fort Lauderdale, FL.
(a) Regulated area. The regulations in
this section apply to the following area
on the Atlantic Ocean in Fort
Lauderdale, FL: All waters of the
Atlantic Ocean encompassed within an
imaginary line connecting the following
points: Starting at Point 1 in position
26°11′01″ N 080°05′42″ W; thence due
east to Point 2 in position 26°11′01″ N
080°05′00″ W; thence south west to
Point 3 in position 26°05′42″ N
080°05′35″ W; thence west to Point 4 in
position 26°05′42″ N 080°06′17″ W;
thence following the shoreline north
back to the point of origin. These
coordinates are based on North
American Datum 1983.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
COTP Miami in the enforcement of the
regulated area.
(c) Regulations. (1) All nonparticipant vessels or persons are
prohibited from entering, transiting,
anchoring in, or remaining within the
regulated area unless authorized by the
COTP Miami or a designated
representative.
(2) Persons and vessels desiring to
enter, transit, anchor in, or remain
within the regulated area may contact
the COTP Miami by telephone at (305)
535–4472, or a designated
representative via VHF–FM radio on
channel 16 to request authorization. If
authorization is granted, all persons and
vessels receiving such authorization
must comply with the instructions of
the COTP Miami or a designated
representative.
(d) Enforcement period. This rule is
will be enforced from 10 a.m. to 5 p.m.
daily from November 20, 2020, through
November 22, 2020.
Dated: November 17, 2020.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
[FR Doc. 2020–25748 Filed 11–19–20; 8:45 am]
BILLING CODE 9110–04–P
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0418; FRL–10016–
28–Region 9]
Air Quality Implementation Plan;
California; Northern Sierra Air Quality
Management District; Stationary
Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a revision to
the Northern Sierra Air Quality
Management District (NSAQMD or
‘‘District’’) portion of the California
State Implementation Plan (SIP). In this
action, we are approving a rule
submitted by the NSAQMD that governs
the issuance of permits for stationary
sources, which focuses 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: This rule will be effective on
December 21, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0418. 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 to batchelder.amber@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
SUMMARY:
Table of Contents
2. Add § 100.T07–0128 to read as
follows:
■
I. Proposed Action
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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Rules and Regulations
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 23, 2020 (85 FR 59729),
the EPA proposed to approve the
following rule into the California SIP.
TABLE 1—SUBMITTED RULE
District
Rule No.
NSAQMD ........
Rule title
428
NSR Requirements for New and Modified Major Sources in Nonattainment
Areas.
The EPA determined that the
California SIP submittal listed above in
Table 1 met the completeness criteria in
40 CFR part 51, appendix V. The EPA’s
signed notice of proposed rulemaking
served as the EPA’s formal
completeness determination.
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 rule listed in Table
1 contains the District’s NNSR permit
program applicable to new and
modified major sources located in areas
within the District that are designated
nonattainment for any NAAQS for
ozone or particulate matter equal to or
less than 2.5 micrometers (PM2.5). The
rule also contains the District’s
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
this rule into the California SIP because
we determined that it complies with the
relevant CAA requirements. Our
proposed action contains more
information on the rule and our
evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, no comments were
submitted on our proposal.
III. EPA Action
khammond on DSKJM1Z7X2PROD with RULES
Adopted
No comments were submitted on our
proposal. We continue to find that
NSAQMD Rule 428 satisfies the relevant
requirements for a CAA NNSR program
for ozone and PM2.5, 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
NSAQMD Rule 428. This action
incorporates the submitted rule into the
California SIP. In conjunction with the
EPA’s SIP approval of the District’s
visibility program 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 NSAQMD that are subject to the
District’s visibility program.
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 rule
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
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02/19/20
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
1 The submittal was transmitted to the EPA via a
letter from the California Air Resources Board dated
February 6, 2020.
VerDate Sep<11>2014
11/25/19
Submitted 1
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Federal Register / Vol. 85, No. 225 / Friday, November 20, 2020 / Rules and Regulations
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 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).)
khammond on DSKJM1Z7X2PROD with RULES
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, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
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 paragraph (c)(546) to read as
follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(546) The following regulations were
submitted on February 19, 2020 by the
Governor’s designee as an attachment to
a letter dated February 6, 2020.
(i) Incorporation by reference.
(A) Northern Sierra Air Quality
Management District.
(1) Rule 428, ‘‘NSR Requirements for
New and Modified Major Sources in
Nonattainment Areas,’’ adopted on
November 25, 2019.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
*
*
*
*
*
■ 3. Section 52.281 is amended by
revising paragraphs (d)(3) and (d)(4) and
by adding paragraph (d)(5) to read as
follows:
§ 52.281
*
*
*
*
*
(d) * * *
(3) Calaveras County air pollution
control district,
(4) Mariposa County air pollution
control district, and
(5) Northern Sierra air quality
management district.
*
*
*
*
*
[FR Doc. 2020–24926 Filed 11–19–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2020–0402; FRL–10016–
11–Region 4]
South Carolina: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
For reasons set out in the preamble,
EPA amends 50 CFR part 52 as follows:
SUMMARY:
VerDate Sep<11>2014
16:07 Nov 19, 2020
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The Environmental Protection
Agency is granting South Carolina final
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authorization for changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). The Agency published a
Proposed Rule on September 11, 2020
and provided for public comment. The
Agency received one comment in
support of authorizing the South
Carolina program changes. This
comment can be reviewed in the docket
for this action under Docket ID No.
EPA–R04–RCRA–2020–0402. No further
opportunity for comment will be
provided.
This final authorization is
effective November 20, 2020.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R04–RCRA–2020–0402. 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 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 electronically through https://
www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Visibility protection.
Dated: November 4, 2020.
Deborah Jordan,
Acting Regional Administrator, Region IX.
74265
Leah Davis, RCRA Programs and
Cleanup Branch, LCR Division, U.S.
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960;
telephone number: (404) 562–8562;
email address: davis.leah@epa.gov.
SUPPLEMENTARY INFORMATION:
A. What changes to South Carolina’s
hazardous waste program is EPA
authorizing with this action?
South Carolina submitted a complete
program revision application, dated
April 8, 2020, seeking authorization of
changes to its hazardous waste program
in accordance with 40 CFR 271.21. The
EPA now makes a final decision that
South Carolina’s hazardous waste
program revisions that are being
authorized are equivalent to, consistent
with, and no less stringent than the
Federal program, and therefore satisfy
all the requirements necessary to qualify
for final authorization. For a list of State
rules being authorized with this final
authorization, please see the Proposed
Rule published in the September 11,
2020 Federal Register at 85 FR 56200.
E:\FR\FM\20NOR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Rules and Regulations]
[Pages 74263-74265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24926]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0418; FRL-10016-28-Region 9]
Air Quality Implementation Plan; California; Northern Sierra Air
Quality Management District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
revision to the Northern Sierra Air Quality Management District (NSAQMD
or ``District'') portion of the California State Implementation Plan
(SIP). In this action, we are approving a rule submitted by the NSAQMD
that governs the issuance of permits for stationary sources, which
focuses 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: This rule will be effective on December 21, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0418. 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 to [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
[[Page 74264]]
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On September 23, 2020 (85 FR 59729), the EPA proposed to approve
the following rule into the California SIP.
---------------------------------------------------------------------------
\1\ The submittal was transmitted to the EPA via a letter from
the California Air Resources Board dated February 6, 2020.
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
District Rule No. Rule title Adopted Submitted \1\
----------------------------------------------------------------------------------------------------------------
NSAQMD........................ 428 NSR Requirements for New and 11/25/19 02/19/20
Modified Major Sources in
Nonattainment Areas.
----------------------------------------------------------------------------------------------------------------
The EPA determined that the California SIP submittal listed above
in Table 1 met the completeness criteria in 40 CFR part 51, appendix V.
The EPA's signed notice of proposed rulemaking served as the EPA's
formal completeness determination.
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 rule listed in Table 1 contains the
District's NNSR permit program applicable to new and modified major
sources located in areas within the District that are designated
nonattainment for any NAAQS for ozone or particulate matter equal to or
less than 2.5 micrometers (PM2.5). The rule also contains
the District's 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 this rule into
the California SIP because we determined that it complies with the
relevant CAA requirements. Our proposed action contains more
information on the rule and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, no comments were submitted on our proposal.
III. EPA Action
No comments were submitted on our proposal. We continue to find
that NSAQMD Rule 428 satisfies the relevant requirements for a CAA NNSR
program for ozone and PM2.5, 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 NSAQMD Rule 428. This action incorporates the submitted rule into
the California SIP. In conjunction with the EPA's SIP approval of the
District's visibility program 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 NSAQMD that are subject
to the District's visibility program.
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 rule
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
[[Page 74265]]
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 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, Particulate matter, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: November 4, 2020.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For reasons set out in the preamble, EPA amends 50 CFR part 52 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)(546) to read as
follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(546) The following regulations were submitted on February 19, 2020
by the Governor's designee as an attachment to a letter dated February
6, 2020.
(i) Incorporation by reference.
(A) Northern Sierra Air Quality Management District.
(1) Rule 428, ``NSR Requirements for New and Modified Major Sources
in Nonattainment Areas,'' adopted on November 25, 2019.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
* * * * *
0
3. Section 52.281 is amended by revising paragraphs (d)(3) and (d)(4)
and by adding paragraph (d)(5) to read as follows:
Sec. 52.281 Visibility protection.
* * * * *
(d) * * *
(3) Calaveras County air pollution control district,
(4) Mariposa County air pollution control district, and
(5) Northern Sierra air quality management district.
* * * * *
[FR Doc. 2020-24926 Filed 11-19-20; 8:45 am]
BILLING CODE 6560-50-P
