Air Plan Approval; California; Antelope Valley Air Quality Management District, East Kern Air Pollution Control District, and Yolo-Solano Air Quality Management District; Combustion Sources, 17567-17569 [2021-06928]

Download as PDF Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules website’s instructions. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. If you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard is proposing to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. ■ 2. Add § 165.560 to read as follows: jbell on DSKJLSW7X2PROD with PROPOSALS § 165.560 Security Zone; Christina River, Newport, DE. (a) Location. The following area is a security zone: All waters of the Christina River, from shoreline to shoreline bounded on the east by a line drawn from 39°42.55′ North Latitude (N), 075°35.88′ West Longitude (W), thence southerly to 39°42.50′ N, 075°35.87′ W thence along the Christina River in a westerly direction and bounded by the South James Street Bridge at 39°42.63′ N, 075°36.53 W. These coordinates are based on North American Datum 83 (NAD83). (b) Definitions. As used in this section— Designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Delaware Bay (COTP) in the enforcement of the security zone. Official Patrol Vessel means any Coast Guard, Coast Guard Auxiliary, State, or local law enforcement vessel assigned or approved by the COTP. Very Important Person (VIP) means any person for whom the United States Secret Service requests implementation of a security zone in order to supplement protection of said person(s). (c) Regulations. (1) In accordance with the general regulations contained in § 165.33, entry into or movement within VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 this zone is prohibited unless authorized by the COTP, Sector Delaware Bay or designated representative. (2) Only vessels or people specifically authorized by the Captain of the Port, Delaware Bay, or designated representative, may enter or remain in the regulated area. To seek permission to enter, contact the COTP or the COTP’s representative on VHF–FM channel 13 or 16. Those in the security zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. No person may swim upon or below the surface of the water of this security zone unless authorized by the COTP or his designated representative. (3) Upon being hailed by an official patrol vessel or the designated representative, by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Failure to comply with lawful direction may result in expulsion from the regulated area, citation for failure to comply, or both. (d) Enforcement. This security zone will be enforced with actual notice by the U.S. Coast Guard representatives on scene, as well as other methods listed in § 165.7. The Coast Guard will enforce the security zone created by this section only when it is necessary for the protection of VIPs traveling across the route 141 bridge in Newport, Delaware. The U.S. Coast Guard may be additionally assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. Dated: March 24, 2021. Jonathan D. Theel, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2021–06637 Filed 4–2–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2020–0476; FRL–10021– 53–Region 9] Air Plan Approval; California; Antelope Valley Air Quality Management District, East Kern Air Pollution Control District, and Yolo-Solano Air Quality Management District; Combustion Sources Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve SUMMARY: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 17567 revisions to the Antelope Valley Air Quality Management District (AVAQMD), East Kern Air Pollution Control District (EKAPCD), and YoloSolano Air Quality Management District (YSAQMD) portions of the California State Implementation Plan (SIP). These revisions concern emissions of oxides of nitrogen (NOX) from boilers, steam generating units, process heaters, and stationary internal combustion engines. We are proposing to approve local rules 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. Any comments must arrive by May 5, 2021. DATES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2020–0476 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone at (415) 972–3073 and by email at gong.kevin@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. E:\FR\FM\05APP1.SGM 05APP1 17568 Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rules? II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. The EPA’s Recommendations To Further Improve The Rules D. Public Comment and Proposed Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules addressed by this proposal with the dates that they were adopted by the local air agencies, submitted by the California Air Resources Board (CARB), and the date that either a completeness determination was made, or the dates they were deemed complete by operation of law to meet the completeness criteria in 40 CFR part 51 appendix V, which must be met before formal EPA review. TABLE 1—SUBMITTED RULES Local agency Rule No. Rule title Local action AVAQMD ........... 1110.2 .............. Revised 09/18/2018 ........... 10/30/2018 Complete by operation of law on 04/30/2019. EKAPCD ............ 425.2 ................ Revised 01/11/2018 ........... 08/22/2018 Completeness determination on 02/11/2019. YSAQMD ........... 2.27 .................. Emissions from Stationary, Non-Road and Portable Internal Combustion Engines. Boilers, Steam Generators, and Process Heaters (Oxides of Nitrogen). Large Boilers ....................... Revised 05/15/2019 ........... 08/19/2019 Complete by operation of law on 02/19/2020. B. Are there other versions of these rules? There are no previous versions of AVAQMD Rule 1110.2 in the SIP. The AVAQMD inherited a version of Rule 1110.2 from the South Coast Air Quality Management District (SCAQMD) into their local rule book when the AVAQMD became independent from the South Coast. The AVAQMD revised this rule on May 15, 2001, and again on January 21, 2003, and the CARB submitted the 2003 version to us on April 1, 2003. We proposed a limited approval and limited disapproval on the January 21, 2003 version of the rule on April 21, 2004 (69 FR 21482), but we did not finalize that rulemaking. We have approved subsequent versions of SCAQMD Rule 1110.2 into the California SIP, but none of the versions of that rule apply to the jurisdiction of the AVAQMD. We approved an earlier version of EKAPCD Rule 425.2 into the SIP on October 28, 1999 (64 FR 57991). We approved an earlier version of YSAQMD Rule 2.27 into the SIP on June 17, 1997 (62 FR 32691). jbell on DSKJLSW7X2PROD with PROPOSALS C. What is the purpose of the submitted rules? Emissions of NOX help produce ground-level ozone, smog and particulate matter, which harm human health and the environment. Section 110(a) of the CAA requires states to submit regulations that control NOX emissions. The submitted rules control NOX through requiring compliance with emission limits, work practice standards, and other operational requirements. VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 The EPA’s technical support documents (TSDs) have more information about these rules. II. The EPA’s Evaluation and Action A. How is the EPA evaluating the rules? 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 (f)). The AVAQMD regulates a portion of the West Mojave Desert nonattainment area, which is classified as Severe for the 1997 8-hour national ambient air quality standard (NAAQS), 2008 8-hour NAAQS, and 2015 8-hour NAAQS. The EKAPCD regulates the Kern County (East Kern) nonattainment area, which is classified as Serious for the 2008 NAAQS, and Moderate for the 1997 and 2015 NAAQS. The YSAQMD regulates a portion of the Sacramento Metro nonattainment area, which is classified as Severe for the 1997 and 2008 NAAQS, and Moderate for the 2015 NAAQS (See 40 CFR 81.305 for attainment designations). Therefore, all the districts’ rules must implement RACT. The EPA’s determination that a jurisdiction has implemented RACT for PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Submitted Completeness date applicable sources, including major sources of NOX, is usually done in the context of a state’s demonstration that the EPA has approved local rules in their SIP that meet all relevant CAA requirements for stringency and enforceability. This demonstration is known as a RACT SIP. The EPA previously found that the AVAQMD failed to demonstrate adequately stringent requirements in their RACT SIPs for major sources of NOX under the nonattainment requirements for the 2008 ozone NAAQS.1 The AVAQMD, via the CARB, subsequently made commitments to submit new or revised regulations intended to implement RACT within one year of the EPA’s final rules for the AVAQMD. The EPA cited these commitments in our conditional approvals of the AVAQMD 2008 ozone RACT SIP on October 10, 2017 (82 FR 46923). AVAQMD Rule 1110.2 was submitted in part to address a portion of the conditional approval. 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,’’ 1 See 40 CFR 52.248(b) for the conditional approval of the AVAQMD 2008 Ozone RACT SIP. E:\FR\FM\05APP1.SGM 05APP1 Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ‘‘Alternative Control Techniques Document—NOX Emissions from Industrial/ Commercial/Institutional (ICI) Boilers’’ (EPA–453/R–94–022, March 1994). 5. ‘‘Alternative Control Techniques Document—NOX Emissions from Process Heaters (Revised),’’ revised September 1993 (EPA–453/R–93–034 1993/09). 6. ‘‘Alternative Control Techniques Document—NOX Emissions from Stationary Reciprocating Internal Combustion Engines’’ (EPA–453/R–93–032, July 1993). B. Do the rules meet the evaluation criteria? These rules are consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP revisions. The TSDs have more information on our evaluation. C. The EPA’s Recommendations To Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the local agencies modify their rules. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules because they fulfill all relevant requirements. We will accept comments from the public on this proposal until May 5, 2021. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP. jbell on DSKJLSW7X2PROD 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 California air district rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). 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 VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 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. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 17569 Authority: 42 U.S.C. 7401 et seq. Dated: March 30, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–06928 Filed 4–2–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2021–0212, FRL–10018– 33–Region 10] Air Plan Approval; OR; Updates to Adoption by Reference of Federal Provisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Oregon State Implementation Plan (SIP) submitted on January 29, 2021. The revision updates the date by which Federal provisions are adopted by reference into the Oregon SIP, making air quality requirements more current. DATES: Comments must be received on or before May 5, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2021–0212, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from https:// www.regulations.gov. The EPA may publish any comment received to its public docket. Do not electronically submit any information you consider to be Confidential Business Information (CBI) or other information the disclosure of which 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, 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. FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101, SUMMARY: E:\FR\FM\05APP1.SGM 05APP1

Agencies

[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17567-17569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06928]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0476; FRL-10021-53-Region 9]


Air Plan Approval; California; Antelope Valley Air Quality 
Management District, East Kern Air Pollution Control District, and 
Yolo-Solano Air Quality Management District; Combustion Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Antelope Valley Air Quality Management 
District (AVAQMD), East Kern Air Pollution Control District (EKAPCD), 
and Yolo-Solano Air Quality Management District (YSAQMD) portions of 
the California State Implementation Plan (SIP). These revisions concern 
emissions of oxides of nitrogen (NOX) from boilers, steam 
generating units, process heaters, and stationary internal combustion 
engines. We are proposing to approve local rules 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: Any comments must arrive by May 5, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0476 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: Kevin Gong, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone at (415) 972-3073 and 
by email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

[[Page 17568]]

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. The EPA's Recommendations To Further Improve The Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this proposal with the dates 
that they were adopted by the local air agencies, submitted by the 
California Air Resources Board (CARB), and the date that either a 
completeness determination was made, or the dates they were deemed 
complete by operation of law to meet the completeness criteria in 40 
CFR part 51 appendix V, which must be met before formal EPA review.

                                                                Table 1--Submitted Rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Local agency                 Rule No.               Rule title                    Local action                  Submitted      Completeness date
--------------------------------------------------------------------------------------------------------------------------------------------------------
AVAQMD...................  1110.2...................  Emissions from        Revised 09/18/2018....................      10/30/2018  Complete by
                                                       Stationary, Non-                                                              operation of law on
                                                       Road and Portable                                                             04/30/2019.
                                                       Internal Combustion
                                                       Engines.
EKAPCD...................  425.2....................  Boilers, Steam        Revised 01/11/2018....................      08/22/2018  Completeness
                                                       Generators, and                                                               determination on 02/
                                                       Process Heaters                                                               11/2019.
                                                       (Oxides of
                                                       Nitrogen).
YSAQMD...................  2.27.....................  Large Boilers.......  Revised 05/15/2019....................      08/19/2019  Complete by
                                                                                                                                     operation of law on
                                                                                                                                     02/19/2020.
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. Are there other versions of these rules?

    There are no previous versions of AVAQMD Rule 1110.2 in the SIP. 
The AVAQMD inherited a version of Rule 1110.2 from the South Coast Air 
Quality Management District (SCAQMD) into their local rule book when 
the AVAQMD became independent from the South Coast. The AVAQMD revised 
this rule on May 15, 2001, and again on January 21, 2003, and the CARB 
submitted the 2003 version to us on April 1, 2003. We proposed a 
limited approval and limited disapproval on the January 21, 2003 
version of the rule on April 21, 2004 (69 FR 21482), but we did not 
finalize that rulemaking. We have approved subsequent versions of 
SCAQMD Rule 1110.2 into the California SIP, but none of the versions of 
that rule apply to the jurisdiction of the AVAQMD.
    We approved an earlier version of EKAPCD Rule 425.2 into the SIP on 
October 28, 1999 (64 FR 57991).
    We approved an earlier version of YSAQMD Rule 2.27 into the SIP on 
June 17, 1997 (62 FR 32691).

C. What is the purpose of the submitted rules?

    Emissions of NOX help produce ground-level ozone, smog 
and particulate matter, which harm human health and the environment. 
Section 110(a) of the CAA requires states to submit regulations that 
control NOX emissions. The submitted rules control 
NOX through requiring compliance with emission limits, work 
practice standards, and other operational requirements.
    The EPA's technical support documents (TSDs) have more information 
about these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    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 (f)). The AVAQMD regulates a portion of the West Mojave 
Desert nonattainment area, which is classified as Severe for the 1997 
8-hour national ambient air quality standard (NAAQS), 2008 8-hour 
NAAQS, and 2015 8-hour NAAQS. The EKAPCD regulates the Kern County 
(East Kern) nonattainment area, which is classified as Serious for the 
2008 NAAQS, and Moderate for the 1997 and 2015 NAAQS. The YSAQMD 
regulates a portion of the Sacramento Metro nonattainment area, which 
is classified as Severe for the 1997 and 2008 NAAQS, and Moderate for 
the 2015 NAAQS (See 40 CFR 81.305 for attainment designations). 
Therefore, all the districts' rules must implement RACT. The EPA's 
determination that a jurisdiction has implemented RACT for applicable 
sources, including major sources of NOX, is usually done in 
the context of a state's demonstration that the EPA has approved local 
rules in their SIP that meet all relevant CAA requirements for 
stringency and enforceability. This demonstration is known as a RACT 
SIP.
    The EPA previously found that the AVAQMD failed to demonstrate 
adequately stringent requirements in their RACT SIPs for major sources 
of NOX under the nonattainment requirements for the 2008 
ozone NAAQS.\1\ The AVAQMD, via the CARB, subsequently made commitments 
to submit new or revised regulations intended to implement RACT within 
one year of the EPA's final rules for the AVAQMD. The EPA cited these 
commitments in our conditional approvals of the AVAQMD 2008 ozone RACT 
SIP on October 10, 2017 (82 FR 46923). AVAQMD Rule 1110.2 was submitted 
in part to address a portion of the conditional approval.
---------------------------------------------------------------------------

    \1\ See 40 CFR 52.248(b) for the conditional approval of the 
AVAQMD 2008 Ozone RACT SIP.
---------------------------------------------------------------------------

    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,''

[[Page 17569]]

EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``Alternative Control Techniques Document--NOX 
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'' 
(EPA-453/R-94-022, March 1994).
    5. ``Alternative Control Techniques Document--NOX 
Emissions from Process Heaters (Revised),'' revised September 1993 
(EPA-453/R-93-034 1993/09).
    6. ``Alternative Control Techniques Document--NOX 
Emissions from Stationary Reciprocating Internal Combustion 
Engines'' (EPA-453/R-93-032, July 1993).

B. Do the rules meet the evaluation criteria?

    These rules are consistent with CAA requirements and relevant 
guidance regarding enforceability, RACT, and SIP revisions. The TSDs 
have more information on our evaluation.

C. The EPA's Recommendations To Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for 
the next time the local agencies modify their rules.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rules because they fulfill all relevant 
requirements. We will accept comments from the public on this proposal 
until May 5, 2021. If we take final action to approve the submitted 
rules, our final action will incorporate these rules 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 California air district rules described in Table 1 of 
this preamble. The EPA has made, and will continue to make, these 
materials available through www.regulations.gov and at the EPA Region 
IX Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

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: March 30, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-06928 Filed 4-2-21; 8:45 am]
BILLING CODE 6560-50-P
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