[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Rules and Regulations]
[Pages 3816-3817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28018]



[[Page 3816]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0435; FRL-10017-70-Region 9]


Air Plan Approval; California; Placer County Air Pollution 
Control District, Antelope Valley Air Quality Management District, 
Mariposa County Air Pollution Control District, and Eastern Kern Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve revisions to the Placer County Air Pollution Control 
District (PCAPCD), Antelope Valley Air Quality Management District 
(AVAQMD), Mariposa County Air Pollution Control District (MCAPCD), and 
Eastern Kern Air Pollution Control District (EKAPCD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
negative declarations for the Control Techniques Guidelines (CTG) for 
the Oil and Natural Gas Industry (Oil and Natural Gas CTG). We are 
approving the negative declarations into the California SIP.

DATES: This rule will be effective on February 16, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0435. 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: Sina Schwenk-Mueller, EPA Region IX, 
75 Hawthorne St., San Francisco, CA 94105, by phone: (415) 947-4100 or 
by email at [email protected]; or Rebecca Newhouse, EPA 
Region IX, 75 Hawthorne St., San Francisco, CA 94105, by phone: (415) 
972-3004 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. Statutory and Executive Order Reviews

I. Proposed Action

    On October 6, 2020 (85 FR 63064), the EPA proposed to approve the 
following negative declarations into the CA SIP.

----------------------------------------------------------------------------------------------------------------
                Local agency                            Document title                Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
PCAPCD.....................................  Negative Declaration for the               12/12/19    \1\ 01/23/20
                                              Control Techniques Guidelines for
                                              the Oil and Natural Gas Industry
                                              Source Category.
AVAQMD.....................................  Federal Negative Declaration for           01/21/20    \2\ 05/01/20
                                              Control Techniques Guidelines
                                              (CTG) for the Oil and Natural Gas
                                              Industry Source Category.
MCAPCD.....................................  Negative Declaration for the               03/10/20    \3\ 05/01/20
                                              Control Techniques Guidelines for
                                              the Oil and Natural Gas Industry
                                              Source Category.
EKAPCD.....................................  Reasonably Available Control               05/11/17        08/09/17
                                              Technology (RACT) State
                                              Implementation Plan (SIP) for the
                                              2008 Ozone National Ambient Air
                                              Quality Standards--Negative
                                              Declaration for Oil and Natural
                                              Gas CTG.\4\
----------------------------------------------------------------------------------------------------------------
\1\ This submittal was transmitted to the EPA by a letter from CARB dated January 21, 2020.
\2\ This submittal was transmitted to the EPA by a letter from CARB dated April 30, 2020.
\3\ This submittal was transmitted to the EPA by a letter from CARB dated April 30, 2020.
\4\ The EPA is only acting on the negative declaration for the Oil and Natural Gas CTG in Table 6--CTG
  Categories with No Applicable Source (Negative Declarations) of the EKAPCD RACT SIP Submittal. At this time,
  the EPA is not proposing any action on the remainder of the EKAPCD RACT SIP that was submitted on August 9,
  2017. The EPA will propose a separate action on the remainder of the EKAPCD RACT SIP at a future date.

    We proposed to approve these negative declarations because we 
determined that they comply with the relevant CAA requirements. Our 
proposed action contains more information on the negative declarations 
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 no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section 
110(k)(3) of the Act, the EPA is fully approving these revisions into 
the California SIP.

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 action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 3, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described

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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. 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 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 March 16, 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, Volatile organic compounds.

    Dated: December 11, 2020.
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends Part 52, chapter I, title 40 of the Code of 
Federal Regulations 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)(503)(ii), 
(c)(548), and (c)(549) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (503) * * *
    (ii) Additional materials. (A) Eastern Kern Air Pollution Control 
District.
    (1) Reasonably Available Control Technology (RACT) State 
Implementation Plan (SIP) for the 2008 Ozone National Ambient Air 
Quality Standards--Negative Declaration for Oil and Natural Gas CTG 
only, as adopted on May 11, 2017.
    (2) [Reserved]
    (B) [Reserved]
* * * * *
    (548) Additional materials were submitted on January 23, 2020 by 
the Governor's designee as an attachment to a letter dated January 21, 
2020.
    (i) [Reserved]
    (ii) Additional materials. (A) Placer County Air Pollution Control 
District.
    (1) Negative Declaration for the Control Techniques Guidelines for 
the Oil and Natural Gas Industry Source Category as adopted on December 
12, 2019.
    (2) [Reserved]
    (B) [Reserved]
    (549) Additional materials were submitted on May 1, 2020 by the 
Governor's designee as an attachment to a letter dated April 30, 2020.
    (i) [Reserved]
    (ii) Additional materials. (A) Antelope Valley Air Quality 
Management District.
    (1) Federal Negative Declaration for Control Techniques Guidelines 
(CTG) for the Oil and Natural Gas Industry Source Category as adopted 
on January 21, 2020
    (2) [Reserved]
    (B) Mariposa County Air Pollution Control District.
    (1) Negative Declaration for the Control Techniques Guidelines for 
the Oil and Natural Gas Industry Source Category as adopted on March 
10, 2020.
    (2) [Reserved]

0
3. Section 52.222 is amended by adding paragraphs (a)(4)(v), 
(a)(6)(xii), and (a)(15) and (16) to read as follows:


Sec.  52.222  Negative declarations.

    (a) * * *
    (4) * * *
    (v) The following negative declaration for the 2008 ozone standard 
was adopted by the District on December 12, 2019, and submitted to the 
EPA on January 23, 2020, as an attachment to a letter dated January 21, 
2020: The Control Techniques Guidelines for the Oil and Natural Gas 
Industry (EPA 453/B-16-001).
* * * * *
    (6) * * *
    (xii) The following negative declaration for the 2008 ozone 
standard was adopted by the District on January 21, 2020 and submitted 
to the EPA on May 1, 2020, as an attachment to a letter dated April 30, 
2020: The Control Techniques Guidelines for the Oil and Natural Gas 
Industry (EPA 453/B-16-001).
* * * * *
    (15) Mariposa County Air Pollution Control District.
    (i) The following negative declaration for the 2008 ozone standard 
was adopted by the District on March 10, 2020, and submitted to the EPA 
on May 1, 2020, as an attachment to a letter dated April 30, 2020: The 
Control Techniques Guidelines for the Oil and Natural Gas Industry (EPA 
453/B-16-001).
    (ii) [Reserved]
    (16) Eastern Kern Air Pollution Control District
    (i) The following negative declaration for the 2008 ozone standard 
was adopted by the District on May 11,2017 and submitted to the EPA on 
August 9, 2017: The Control Techniques Guidelines for the Oil and 
Natural Gas Industry (EPA 453/B-16-001).
    (ii) [Reserved]

[FR Doc. 2020-28018 Filed 1-14-21; 8:45 am]
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