Air Quality Implementation Plan; California; Mendocino County Air Quality Management District; Stationary Source Permits, 33539-33541 [2021-13452]
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33539
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
the Eastern Kern 2017 Ozone
Attainment Plan, release date: June 19,
2020.
(2) [Reserved]
(B) [Reserved]
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3. Section 52.248 is amended by
adding paragraph (m) to read as follows:
■
§ 52.248 Identification of plan—conditional
approval.
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(m) The EPA is conditionally
approving the California State
Implementation Plan (SIP) for Eastern
Kern for the 2008 ozone NAAQS with
respect to the contingency measures
requirements of CAA sections 172(c)(9)
and 182(c)(9). The conditional approval
is based on a commitment from the
Eastern Kern Air Pollution Control
District (District) in a letter dated
September 1, 2020, to adopt a specific
rule revision or revisions, and a
commitment from the California Air
Resources Board (CARB) dated
September 18, 2020, to submit the
amended District rule or rules to the
EPA within 12 months of the final
conditional approval. If the District or
CARB fail to meet their commitments
within one year of the final conditional
approval, the conditional approval is
treated as a disapproval.
[FR Doc. 2021–13608 Filed 6–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0519; FRL–10024–
19–Region 9]
Air Quality Implementation Plan;
California; Mendocino County Air
Quality Management District;
Stationary Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the Mendocino
County Air Quality Managment District
(MCAQMD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). These revisions concern the
District’s prevention of significant
deterioration (PSD) permitting program
for new and modified stationary sources
of air pollution. We are approving these
local rules pursuant to requirements
under part C of title I of the Clean Air
Act as amended in 1990 (CAA or the
‘‘Act’’).
DATES: This rule will be effective on July
26, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
EPA–R09–OAR–2020–0519. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
SUMMARY:
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.
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, the EPA
proposed to approve the following rules
into the MCAQMD portion of the
California SIP.1
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TABLE 1—SUBMITTED RULES
Rule No.
Rule title
1–220 ................
1–230 ................
New Source Review Standards (Including PSD Evaluations) .................................................
Action on Applications ..............................................................................................................
The EPA previously finalized a
limited approval and limited
disapproval of Rule 1–220 on July 3,
2017.2 We listed the following two
deficiencies in our final limited
approval and limited disapproval of
Rule 1–220:
• Rule 1–220 does not contain any
provisions specifying that required air
quality modeling shall be based on the
applicable models, databases, and other
requirements specified in part 51
Appendix W; therefore, the
requirements of 40 CFR 51.160(f) and
51.166(l) have not been met.
1 86
2 82
FR 10524.
FR 30770.
VerDate Sep<11>2014
Amended
• The requirements of 40 CFR
51.166(r)(2) 3 have not been met because
the rule does not include the necessary
information about a source’s obligations.
The District resolved the first
deficiency by adding the required air
quality modeling provisions to Rule
1–220 and addressed the second
deficiency by revising Rule 1–230 to
include information about a source’s
obligations under the CAA. We have
determined that the amended sections
of these rules satisfy the statutory and
regulatory requirements for a PSD
program as set forth in the applicable
3 The 2017 final rule stated incorrectly that the
criteria in 40 CFR 51.166(r)(1) had not been met.
Our proposal notice (81 FR 95074, December 27,
2016) and Technical Support Document (TSD)
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Submitted
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4/7/2020
8/10/2020
8/10/2020
provisions of part C of title I of the Act
and in 40 CFR 51.160–51.164 and
51.166.
Our proposed action contains more
information on the rules and our
evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment,
which is included in the docket for this
action. We do not consider this
comment to be germane or relevant to
correctly noted that only the criteria in 40 CFR
41.166(r)(2) had not been met. See e.g., Section 4.2,
number 15 on Page 18 of the TSD for the 2017 final
action.
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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
this action, thus this comment is not
adverse to this action. Moreover, the
comment lacks the required specificity
to the proposed SIP revisions and the
relevant CAA requirements, and does
not address the specific regulations or
provisions in question, or recommend
an action on the SIP submission
different from what the EPA proposed.
Therefore, we are finalizing our action
as proposed.
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action. We
continue to find that MCAQMD Rules
1–220 and 1–230 correct the previously
identified deficiencies and fulfill all
relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
Act, the EPA is fully approving these
rules into the MCAQMD portion of the
California SIP. The April 7, 2020
versions of Rules 1–220 and 1–230 will
replace the previously approved
versions of the rules in the SIP.
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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
MCAQMD rules 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).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
VerDate Sep<11>2014
16:27 Jun 24, 2021
Jkt 253001
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 CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
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
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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 August 24, 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 CAA
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 10, 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 paragraphs (c)(489)(i)(A)(5)
through (6) and (c)(555) to read as
follows:
■
§ 52.220
Identification of plan-in part.
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(c) * * *
(489) * * *
(i) * * *
(A) * * *
(5) Previously approved on July 3,
2017, in paragraph (c)(489)(i)(A)(3) of
this section and now deleted with
replacement in (c)(555)(i)(A)(1), Rule
1–220, ‘‘New Source Review Standards
(Including PSD Evaluations),’’ amended
on April 7, 2020.
(6) Previously approved on July 3,
2017, in paragraph (c)(489)(i)(A)(4) of
this section and now deleted with
replacement in (c)(555)(i)(A)(2), Rule
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1–230, ‘‘Action on Applications,’’
amended April 7, 2020.
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(555) The following amended
regulations were submitted on August
10, 2020 by the Governor’s designee.
(i) Incorporation by reference.
(A) Mendocino County Air Quality
Management District.
(1) Regulation 1, Rule 1–220, ‘‘New
Source Review Standards (Including
PSD Evaluations),’’ last amended on
April 7, 2020.
(2) Regulation 1, Rule 1–230, ‘‘Action
on Applications,’’ last amended April 7,
2020.
(B) [Reserved]
(ii) [Reserved]
■ 3. Section 52.270 is amended by
revising paragraph (b)(3) introductory
text to read as follows:
§ 52.270
quality.
Significant deterioration of air
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(b) * * *
(3) The PSD program for Mendocino
County Air Quality Management
District, as incorporated by reference in
§ 52.220(c)(489) and (c)(555) is
approved under Part C, Subpart 1, of the
Clean Air Act. However, EPA is
retaining authority to apply § 52.21 in
certain cases. The provisions of § 52.21
except for paragraph (a)(1) are therefore
incorporated and made a part of the
State plan for California for the
Mendocino County Air Quality
Management District for:
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[FR Doc. 2021–13452 Filed 6–24–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R07–OAR–2021–0244; FRL–10025–
00–Region 7]
Air Plan Approval; Nebraska;
Revisions to Title 129 of the Nebraska
Administrative Code; Chapter 39
Visible Emissions From DieselPowered Motor Vehicles
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) for the State
of Nebraska. This final action will
amend the SIP to revise title 129 of the
Nebraska Administrative Code by
removing a portion of the SIP that
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SUMMARY:
VerDate Sep<11>2014
16:27 Jun 24, 2021
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addresses visible emissions from dieselpowered motor vehicles. Visible
emissions from diesel-powered motor
vehicles are addressed in the state
statute. The revisions remove
duplicative language that is redundant
to the state statute. The revisions do not
substantively change any existing
statutory or regulatory requirement or
impact the stringency of the SIP or air
quality nor do they impact the State’s
ability to attain or maintain the National
Ambient Air Quality Standards.
DATES: This final rule is effective on July
26, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2021–0244. 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, i.e., 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 information.
FOR FURTHER INFORMATION CONTACT:
Allie Donohue, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7986;
email address: donohue.allie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. What action is the EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
The EPA is amending Nebraska’s SIP
to include revisions to title 129 of the
Nebraska Administrative Code. The EPA
is approving revisions to the Nebraska
SIP received on July 16, 2020.
Specifically, the EPA is amending the
Nebraska SIP by removing a portion of
the SIP as follows: Title 129. Chapter 39.
Visible Emissions from Diesel-powered
Motor Vehicles. EPA is approving these
revisions as they do not substantively
change any existing statutory or
regulatory requirement. These revisions
do not impact the stringency of the SIP
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33541
or air quality. The EPA solicited
comments on the proposed revision to
Nebraska’s SIP, and received no
comments.
II. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice of the SIP revision from
September 28, 2019, to November 6,
2019, and held a public hearing on
November 7, 2019. In a letter to the state
dated November 7, 2019, the EPA stated
that the agency ‘‘has no comment on the
proposed repeal of this regulation.’’ EPA
further recommended that NDEE
include a justification that the rule is
redundant to state statute. The SIP
revision meets the substantive
requirements of the CAA, including
section 110 and implementing
regulations.
III. What action is the EPA taking?
The EPA is taking final action to
amend the Nebraska SIP by approving
the State’s request to remove Title 129
section 39. Visible Emissions from
Diesel-powered Vehicles. The removal
of this portion of the SIP will ensure
consistency between state and federallyapproved rules. The EPA has
determined that these changes will not
adversely impact air quality because the
regulation duplicates the State’s statute,
which applies in the same jurisdiction.
IV. Incorporation by Reference
In this document, the EPA is
amending regulatory text that includes
incorporation by reference. As described
in the amendments to 40 CFR part 52 set
forth below, the EPA is removing
provisions of the EPA-Approved
Nebraska Regulations from the Nebraska
State Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA 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
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]]>Agencies
[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33539-33541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13452]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0519; FRL-10024-19-Region 9]
Air Quality Implementation Plan; California; Mendocino County Air
Quality Management District; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Mendocino County Air Quality
Managment District (MCAQMD or ``District'') portion of the California
State Implementation Plan (SIP). These revisions concern the District's
prevention of significant deterioration (PSD) permitting program for
new and modified stationary sources of air pollution. We are approving
these local rules pursuant to requirements under part C of title I of
the Clean Air Act as amended in 1990 (CAA or the ``Act'').
DATES: This rule will be effective on July 26, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2020-0519. 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
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, the EPA proposed to approve the following
rules into the MCAQMD portion of the California SIP.\1\
---------------------------------------------------------------------------
\1\ 86 FR 10524.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
1-220.................................. New Source Review Standards (Including 4/7/2020 8/10/2020
PSD Evaluations).
1-230.................................. Action on Applications................. 4/7/2020 8/10/2020
----------------------------------------------------------------------------------------------------------------
The EPA previously finalized a limited approval and limited
disapproval of Rule 1-220 on July 3, 2017.\2\ We listed the following
two deficiencies in our final limited approval and limited disapproval
of Rule 1-220:
---------------------------------------------------------------------------
\2\ 82 FR 30770.
---------------------------------------------------------------------------
Rule 1-220 does not contain any provisions specifying that
required air quality modeling shall be based on the applicable models,
databases, and other requirements specified in part 51 Appendix W;
therefore, the requirements of 40 CFR 51.160(f) and 51.166(l) have not
been met.
The requirements of 40 CFR 51.166(r)(2) \3\ have not been
met because the rule does not include the necessary information about a
source's obligations.
---------------------------------------------------------------------------
\3\ The 2017 final rule stated incorrectly that the criteria in
40 CFR 51.166(r)(1) had not been met. Our proposal notice (81 FR
95074, December 27, 2016) and Technical Support Document (TSD)
correctly noted that only the criteria in 40 CFR 41.166(r)(2) had
not been met. See e.g., Section 4.2, number 15 on Page 18 of the TSD
for the 2017 final action.
---------------------------------------------------------------------------
The District resolved the first deficiency by adding the required
air quality modeling provisions to Rule 1-220 and addressed the second
deficiency by revising Rule 1-230 to include information about a
source's obligations under the CAA. We have determined that the amended
sections of these rules satisfy the statutory and regulatory
requirements for a PSD program as set forth in the applicable
provisions of part C of title I of the Act and in 40 CFR 51.160-51.164
and 51.166.
Our proposed action contains more information on the rules and our
evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment, which is included in the
docket for this action. We do not consider this comment to be germane
or relevant to
[[Page 33540]]
this action, thus this comment is not adverse to this action. Moreover,
the comment lacks the required specificity to the proposed SIP
revisions and the relevant CAA requirements, and does not address the
specific regulations or provisions in question, or recommend an action
on the SIP submission different from what the EPA proposed. Therefore,
we are finalizing our action as proposed.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. We continue to find that MCAQMD
Rules 1-220 and 1-230 correct the previously identified deficiencies
and fulfill all relevant CAA requirements. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the MCAQMD portion of the California SIP. The April 7, 2020
versions of Rules 1-220 and 1-230 will replace the previously approved
versions of the rules in the 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
MCAQMD rules 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).
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);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will 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 August 24, 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 CAA section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 10, 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 paragraphs (c)(489)(i)(A)(5)
through (6) and (c)(555) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(489) * * *
(i) * * *
(A) * * *
(5) Previously approved on July 3, 2017, in paragraph
(c)(489)(i)(A)(3) of this section and now deleted with replacement in
(c)(555)(i)(A)(1), Rule 1-220, ``New Source Review Standards (Including
PSD Evaluations),'' amended on April 7, 2020.
(6) Previously approved on July 3, 2017, in paragraph
(c)(489)(i)(A)(4) of this section and now deleted with replacement in
(c)(555)(i)(A)(2), Rule
[[Page 33541]]
1-230, ``Action on Applications,'' amended April 7, 2020.
* * * * *
(555) The following amended regulations were submitted on August
10, 2020 by the Governor's designee.
(i) Incorporation by reference.
(A) Mendocino County Air Quality Management District.
(1) Regulation 1, Rule 1-220, ``New Source Review Standards
(Including PSD Evaluations),'' last amended on April 7, 2020.
(2) Regulation 1, Rule 1-230, ``Action on Applications,'' last
amended April 7, 2020.
(B) [Reserved]
(ii) [Reserved]
0
3. Section 52.270 is amended by revising paragraph (b)(3) introductory
text to read as follows:
Sec. 52.270 Significant deterioration of air quality.
* * * * *
(b) * * *
(3) The PSD program for Mendocino County Air Quality Management
District, as incorporated by reference in Sec. 52.220(c)(489) and
(c)(555) is approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 except for paragraph (a)(1) are
therefore incorporated and made a part of the State plan for California
for the Mendocino County Air Quality Management District for:
* * * * *
[FR Doc. 2021-13452 Filed 6-24-21; 8:45 am]
BILLING CODE 6560-50-P
