Air Plan Approval; California; Imperial County Air Pollution Control District, 24500-24501 [2021-09372]
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Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Rules and Regulations
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 6, 2021.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations.
Dated: April 29, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
revisions update the definition of
‘‘Replacement Unit’’ and clarify a
component of the emission calculation
used to determine emissions under a
plantwide applicability limitation.
(i) Incorporation by reference. (A)
Wisconsin Administrative Code, NR
405.02 Definitions. NR 405.02(12)(b),
and NR 405.02(25k), as published in the
Wisconsin Administrative Register July
2008, No. 631, effective August 1, 2008.
(B) Wisconsin Administrative Code,
NR 405.18 Plant-wide applicability
limitations (PALs), NR 405.18(6)(e), as
published in the Wisconsin
Administrative Register July 2008, No.
631, effective August 1, 2008.
(C) Wisconsin Administrative Code,
NR 408.02 Definitions. NR 408.02(29s),
as published in the Wisconsin
Administrative Register July 2008, No.
631, effective August 1, 2008.
(D) Wisconsin Administrative Code,
NR 408.11 Plant-wide applicability
limitations (PALs), NR 408.11(6)(e), as
published in the Wisconsin
Administrative Register July 2008, No.
631, effective August 1, 2008.
(ii) [Reserved]
[FR Doc. 2021–09419 Filed 5–6–21; 8:45 am]
BILLING CODE 6560–50–P
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0605; FRL–10022–
94–Region 9]
1. The authority citation for part 52
continues to read as follows:
■
Air Plan Approval; California; Imperial
County Air Pollution Control District
Authority: 42 U.S.C. 7401 et seq.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
2. Section 52.2570 is amended by
adding paragraph (c)(143) to read as
follows:
AGENCY:
§ 52.2570
SUMMARY:
■
Identification of plan.
*
*
*
*
*
(c) * * *
(143) On September 30, 2008 the
Wisconsin Department of Natural
Resources submitted a request to revise
Wisconsin’s air permitting program. The
Local agency
Rule #
ICAPCD ..................................
16:08 May 06, 2021
400.6
Jkt 253001
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 22, 2021 (86 FR 10520),
the EPA proposed to approve the
following rule into the California SIP.
Rule title
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
VerDate Sep<11>2014
The Environmental Protection
Agency (EPA) is taking final action 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 new and
replacement residential-type natural
gas-fired water heaters. We are
approving a local rule that regulates
these emission sources under the Clean
Air Act (CAA or the Act).
DATES: This rule will be effective on
June 7, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0605. 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 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:
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.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
Adopted
Natural Gas-Fired Water Heaters ...........................................
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received two comments.
One of the comments was in support of
the rule’s approval and is not discussed
further here. The other comment asked
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
11/26/2019
Submitted
02/06/2020
a general question about the rule: ‘‘What
plans are expected to be put in place to
regulate these emission sources?’’ The
EPA appreciates the comment and refers
the commentor to the text of the rule
and the Technical Support Document
for a more detailed description of the
ICAPCD’s plan to regulate these sources.
E:\FR\FM\07MYR1.SGM
07MYR1
Federal Register / Vol. 86, No. 87 / Friday, May 7, 2021 / Rules and Regulations
In summary, ICAPCD Rule 400.6 is a
new local regulation that imposes NOX
emissions limits on new and
replacement residential-type natural
gas-fired water heaters; these sources
were not previously subject to any NOX
emissions limit in the District. The rule
prohibits any person in the District to
manufacture, distribute, sell, or install
applicable units that exceed the NOX
emission limits established by the rule.
This final approval will make the rule
federally enforceable upon the effective
date stated above.
III. EPA Action
No comments were submitted that
change our assessment of the rule as
described in our proposed action.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP.
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
ICAPCD rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
VerDate Sep<11>2014
16:08 May 06, 2021
Jkt 253001
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
the EPA is not required to submit a rule
report regarding this action under
section 801.
PO 00000
Frm 00019
Fmt 4700
Sfmt 9990
24501
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 6, 2021.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: April 27, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(546)(i)(B) to read
as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(546) * * *
(i) * * *
(B) Imperial County Air Pollution
Control District.
(1) Rule 400.6, ‘‘Natural Gas Fired
Water Heaters,’’ adopted on November
26, 2019.
(2) [Reserved]
*
*
*
*
*
[FR Doc. 2021–09372 Filed 5–6–21; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\07MYR1.SGM
07MYR1
]]>Agencies
[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24500-24501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09372]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0605; FRL-10022-94-Region 9]
Air Plan Approval; California; Imperial County Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action 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 new and replacement residential-type
natural gas-fired water heaters. We are approving a local rule that
regulates these emission sources under the Clean Air Act (CAA or the
Act).
DATES: This rule will be effective on June 7, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0605. 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 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: 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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 22, 2021 (86 FR 10520), the EPA proposed to approve the
following rule into the California SIP.
----------------------------------------------------------------------------------------------------------------
Local agency Rule # Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD................................ 400.6 Natural Gas-Fired Water 11/26/2019 02/06/2020
Heaters.
----------------------------------------------------------------------------------------------------------------
We proposed to approve this rule 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, we received two comments. One of the comments was
in support of the rule's approval and is not discussed further here.
The other comment asked a general question about the rule: ``What plans
are expected to be put in place to regulate these emission sources?''
The EPA appreciates the comment and refers the commentor to the text of
the rule and the Technical Support Document for a more detailed
description of the ICAPCD's plan to regulate these sources.
[[Page 24501]]
In summary, ICAPCD Rule 400.6 is a new local regulation that imposes
NOX emissions limits on new and replacement residential-type
natural gas-fired water heaters; these sources were not previously
subject to any NOX emissions limit in the District. The rule
prohibits any person in the District to manufacture, distribute, sell,
or install applicable units that exceed the NOX emission
limits established by the rule. This final approval will make the rule
federally enforceable upon the effective date stated above.
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving this rule into
the California SIP.
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
ICAPCD rules described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, the EPA is not
required to submit a rule report regarding this action under section
801.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 6, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: April 27, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended 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)(i)(B) to read
as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(546) * * *
(i) * * *
(B) Imperial County Air Pollution Control District.
(1) Rule 400.6, ``Natural Gas Fired Water Heaters,'' adopted on
November 26, 2019.
(2) [Reserved]
* * * * *
[FR Doc. 2021-09372 Filed 5-6-21; 8:45 am]
BILLING CODE 6560-50-P
