Air Plan Approval; California; Imperial County Air Pollution Control District, 10520-10522 [2021-02902]
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10520
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
measure requirements in CAA section
172(c)(9) and 40 CFR 51.1014.
tkelley on DSKBCP9HB2PROD with PROPOSALS
IV. Summary of Proposed Action
In this action, EPA is proposing to
approve the submitted revisions to the
Alaska SIP as meeting the following
Serious Plan required elements for the
2006 24-hour PM2.5 NAAQS Fairbanks
Nonattainment Area:
• The 2013 base year emissions
inventory (CAA section 172(c)(3); 40
CFR 51.1008(b)(1));
• The State’s PM2.5 precursor
demonstration for NOX and VOC
emissions (CAA section 189(e) 40 CFR
51.1006(a)); and
The EPA is proposing to approve the
submitted sections of the Alaska Air
Quality Control Plan for the Fairbanks
PM2.5 Nonattainment Area, State
effective January 8, 2020:
• Volume II Section III.D.7.06 and
Volume III Section III.D.7.06 Emissions
Inventory for purposes of the 2013 base
year emissions inventory;
• Volume II Section III.D.7.08
Precursor Demonstration, for the
purposes of NOX and VOC emissions as
it relates to BACM/BACT control
measure requirements; and
Further, the EPA is proposing to
approve the submitted section of the
Alaska Air Quality Control Plan for the
Fairbanks PM2.5 Nonattainment Area,
State effective December 25, 2020:
• Volume II Section III.D.7.12,
Emergency Episode Plan.41
EPA is also proposing to approve and
incorporate by reference submitted
regulatory changes into the Alaska SIP.
EPA is not at this time proposing to
determine whether these provisions also
meet other Serious area nonattainment
plan requirements for the 2006 24-hour
PM2.5 NAAQS in the Fairbanks PM2.5
Nonattainment Area. Upon final
approval, the Alaska SIP will include:
• 18 AAC 50.030, except (a), State
effective January 12, 2018;
• 18 AAC 50.075, except (d)(2) and
(f), State effective January 8, 2020;
• 18 AAC 50.076, except (g)(11), State
effective January 8, 2020;
• 18 AAC 50.077, except (g) and (q),
State effective January 8, 2020;
• 18 AAC 50.078, except (c) and (d),
State effective January 8, 2020;
• 18 AAC 50.079, except (e), State
effective January 8, 2020; and
41 Submitted
on December 15, 2020 and included
in the docket. EPA is not at this time proposing to
determine whether this updated planning chapter,
in conjunction with the associated regulatory
changes, meets other Serious area nonattainment
plan requirements for the 2006 24-hour PM2.5
NAAQS in the Fairbanks PM2.5 Nonattainment
Area.
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• 18 AAC 50.990(71), (138), (149),
(150), (151), (152), (153), (154), and
(155), State effective January 8, 2020.
EPA is soliciting public comments on
these proposed actions.
V. Incorporation by Reference
In this document, EPA is proposing to
include regulatory text in an EPA final
rule that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
the regulations described in Section IV
of this preamble. EPA has made, and
will continue to make, these materials
generally available through https://
www.regulations.gov and at the EPA
Region 10 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. 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, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely proposes to approve State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this proposed 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);
• 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);
PO 00000
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Fmt 4702
Sfmt 4702
• 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).
The SIP obligations discussed herein
do not apply on any Indian reservation
land or in any other area where EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. This proposed
action 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021–03064 Filed 2–19–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0605; FRL–10019–
34–Region 9]
Air Plan Approval; California; Imperial
County Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the Imperial County Air
Pollution Control District (ICAPCD)
portion of the California State
Implementation Plan (SIP). This
revision concerns emissions of oxides of
nitrogen (NOX) from natural gas-fired
SUMMARY:
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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
water heaters. We are proposing to
approve a local rule to regulate these
emission sources under the Clean Air
Act (CAA or the ‘‘Act’’). We are taking
comments on this proposal and plan to
follow with a final action.
Comments must be received on
or before March 24, 2021.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0605 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
ADDRESSES:
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. 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:
Robert Schwartz, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3286 or by
email at schwartz.robert@epa.gov.
10521
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted
rule?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation
criteria?
C. The EPA’s Recommendations To Further
Improve the Rule
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this
proposal with the dates that it was
adopted by the local air agency and
submitted by the California Air
Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency
Rule No.
ICAPCD .............
Rule title
400.6
Natural Gas-Fired Water Heaters ................................................................
On August 6, 2020, the submittal for
ICAPCD Rule 400.6 was deemed by
operation of law to meet the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
B. Are there other versions of this rule?
There are no previous versions of
Rule 400.6 in the SIP.
tkelley on DSKBCP9HB2PROD with PROPOSALS
C. What is the purpose of the submitted
rule?
Emissions of NOX contribute to the
production of ground-level ozone, smog,
and particulate matter (PM), which
harm human health and the
environment. Section 110(a) of the CAA
requires states to submit regulations that
control NOX emissions. Rule 400.6 is a
new rule that limits NOX emissions in
the ICAPCD from natural gas-fired water
heaters rated less than 75,000 Btu/hr.1
The EPA’s technical support document
(TSD) has more information about this
rule.
1 British thermal unit (Btu) per hour: The amount
of heat required to raise the temperature of one
pound of water from 59 °F to 60 °F at one
atmosphere
VerDate Sep<11>2014
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Adopted
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II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable
(see CAA section 110(a)(2)), must not
interfere with applicable requirements
concerning attainment and reasonable
further progress or other CAA
requirements (see CAA section 110(l)),
and must not modify certain SIP control
requirements in nonattainment areas
without ensuring equivalent or greater
emissions reductions (see CAA section
193).
Generally, SIP rules must require
reasonably available control technology
(RACT) for each major source of NOX in
ozone nonattainment areas classified as
Moderate or above (see CAA sections
182(b)(2) and 182(f)). The ICAPCD
regulates an ozone nonattainment area
classified as Moderate for the 2008 8hour ozone National Ambient Air
Quality Standards (NAAQS) (40 CFR
81.305) (84 FR 58641). However,
because this rule does not affect major
sources, it does not need to implement
section 182(b)(2) RACT. While section
182(b)(2) RACT does not apply, the
Imperial County ozone nonattainment
area is still subject to the SIP
requirement to implement all
reasonably available control measures
(RACM) and attainment of the NAAQS.
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Fmt 4702
Sfmt 4702
11/26/2019
Submitted
02/06/2020
Guidance and policy documents that
we used to evaluate enforceability,
revision/relaxation and rule stringency
requirements for the applicable criteria
pollutants include the following:
1. ‘‘State Implementation Plans; General
Preamble for the Implementation of Title I of
the Clean Air Act Amendments of 1990,’’ 57
FR 13498 (April 16, 1992); 57 FR 18070
(April 28, 1992).
2. ‘‘Issues Relating to VOC Regulation
Cutpoints, Deficiencies, and Deviations,’’
EPA, May 25, 1988 (the Bluebook, revised
January 11, 1990).
3. ‘‘Guidance Document for Correcting
Common VOC & Other Rule Deficiencies,’’
EPA Region 9, August 21, 2001 (the Little
Bluebook).
4. ‘‘State Implementation Plans; Nitrogen
Oxides Supplement to the General Preamble;
Clean Air Act Amendments of 1990
Implementation of Title I; Proposed Rule,’’
(the NOX Supplement), 57 FR 55620,
November 25, 1992.
5. ‘‘Alternative Control Techniques
Document—NOX Emissions from Industrial/
Commercial/Institutional (ICI) Boilers,’’ EPA
453/R–94–022 (March 1994).
6. ‘‘Alternative Control Techniques
Document—NOX Emissions from Process
Heaters (Revised),’’ EPA–453/R–93–034
1993/09 (September 1993).
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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules
B. Does the rule meet the evaluation
criteria?
This rule meets CAA requirements
and is consistent with relevant guidance
regarding enforceability, RACM, and SIP
revisions. The TSD has more
information on our evaluation.
C. The EPA Recommendations to
Further Improve the Rule
The TSD includes recommendations
for the next time the local agency
modifies the rule.
D. Public Comment and Proposed
Action
As authorized in section 110(k)(3) of
the Act, the EPA proposes to fully
approve the submitted rule because it
fulfills all relevant requirements. We
will accept comments from the public
on this proposal until March 24, 2021.
If we take final action to approve the
submitted rule, our final action will
incorporate this rule into the federally
enforceable SIP.
tkelley on DSKBCP9HB2PROD with PROPOSALS
III. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the ICAPCD rule described in Table 1 of
this preamble. The EPA has made, and
will continue to make, these materials
available through https://
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).
IV. 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 proposed action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed 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);
• Does not impose an information
collection burden under the provisions
VerDate Sep<11>2014
18:29 Feb 19, 2021
Jkt 253001
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
disproportionate human health or
environmental effects with practical,
appropriate, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021–02902 Filed 2–19–21; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0238; FRL–10015–
85–Region 9]
Air Plan Approval; California; San
Joaquin Valley Air Pollution Control
District; Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
revision to the San Joaquin Valley Air
Pollution Control District (SJVAPCD or
‘‘the District’’) portion of the California
State Implementation Plan (SIP). This
revision concerns the District’s New
Source Review (NSR) permitting
program for new and modified sources
of air pollution under section
110(a)(2)(C) of the Clean Air Act (CAA);
specifically our proposal to approve
Rule 2021: Experimental Research
Operations. We are taking comments on
this proposal and plan to follow with a
final action.
DATES: Comments must be received on
or before March 24, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0238 at https://
www.regulations.gov, or via email to
R9AirPermits@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, or if
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
SUMMARY:
E:\FR\FM\22FEP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 33 (Monday, February 22, 2021)]
[Proposed Rules]
[Pages 10520-10522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02902]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0605; FRL-10019-34-Region 9]
Air Plan Approval; California; Imperial County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Imperial County Air Pollution Control
District (ICAPCD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of oxides of nitrogen
(NOX) from natural gas-fired
[[Page 10521]]
water heaters. We are proposing to approve a local rule to regulate
these emission sources under the Clean Air Act (CAA or the ``Act''). We
are taking comments on this proposal and plan to follow with a final
action.
DATES: Comments must be received on or before March 24, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0605 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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: Robert Schwartz, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3286 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
C. The EPA's Recommendations To Further Improve the Rule
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD......................... 400.6 Natural Gas-Fired Water Heaters 11/26/2019 02/06/2020
----------------------------------------------------------------------------------------------------------------
On August 6, 2020, the submittal for ICAPCD Rule 400.6 was deemed
by operation of law to meet the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.
B. Are there other versions of this rule?
There are no previous versions of Rule 400.6 in the SIP.
C. What is the purpose of the submitted rule?
Emissions of NOX contribute to the production of ground-
level ozone, smog, and particulate matter (PM), which harm human health
and the environment. Section 110(a) of the CAA requires states to
submit regulations that control NOX emissions. Rule 400.6 is
a new rule that limits NOX emissions in the ICAPCD from
natural gas-fired water heaters rated less than 75,000 Btu/hr.\1\ The
EPA's technical support document (TSD) has more information about this
rule.
---------------------------------------------------------------------------
\1\ British thermal unit (Btu) per hour: The amount of heat
required to raise the temperature of one pound of water from 59
[deg]F to 60 [deg]F at one atmosphere
---------------------------------------------------------------------------
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
Generally, SIP rules must require reasonably available control
technology (RACT) for each major source of NOX in ozone
nonattainment areas classified as Moderate or above (see CAA sections
182(b)(2) and 182(f)). The ICAPCD regulates an ozone nonattainment area
classified as Moderate for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS) (40 CFR 81.305) (84 FR 58641). However,
because this rule does not affect major sources, it does not need to
implement section 182(b)(2) RACT. While section 182(b)(2) RACT does not
apply, the Imperial County ozone nonattainment area is still subject to
the SIP requirement to implement all reasonably available control
measures (RACM) and attainment of the NAAQS.
Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans; Nitrogen Oxides Supplement to
the General Preamble; Clean Air Act Amendments of 1990
Implementation of Title I; Proposed Rule,'' (the NOX
Supplement), 57 FR 55620, November 25, 1992.
5. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers,''
EPA 453/R-94-022 (March 1994).
6. ``Alternative Control Techniques Document--NOX
Emissions from Process Heaters (Revised),'' EPA-453/R-93-034 1993/09
(September 1993).
[[Page 10522]]
B. Does the rule meet the evaluation criteria?
This rule meets CAA requirements and is consistent with relevant
guidance regarding enforceability, RACM, and SIP revisions. The TSD has
more information on our evaluation.
C. The EPA Recommendations to Further Improve the Rule
The TSD includes recommendations for the next time the local agency
modifies the rule.
D. Public Comment and Proposed Action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until March 24, 2021. If we take final action to approve the submitted
rule, our final action will incorporate this rule into the federally
enforceable SIP.
III. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the ICAPCD rule described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through https://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).
IV. 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 proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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);
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 disproportionate human health or environmental effects with
practical, appropriate, 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-02902 Filed 2-19-21; 8:45 am]
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