[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.

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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\
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    \1\ 86 FR 10524.

                                            Table 1--Submitted Rules
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                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:
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    \2\ 82 FR 30770.
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     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.
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    \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.
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    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]
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