[Federal Register Volume 86, Number 142 (Wednesday, July 28, 2021)]
[Rules and Regulations]
[Pages 40336-40338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16009]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0477; FRL-8739-02-R9]
Air Plan Approval; California; Placer County Air Pollution
Control District; Open Burning Rules
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) portion of the California State Implementation Plan
(SIP). These revisions concern emissions of oxides of nitrogen
(NOX) and particulate matter (PM) from open burning. We are
approving local rules that regulate these emission sources under the
Clean Air Act (CAA or the Act).
DATES: These rules will be effective on August 27, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0477. 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: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3073 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
[[Page 40337]]
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 18, 2021 (86 FR 10225), the EPA proposed to approve the
following rules into the California SIP.
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Local Agency Rule No. Rule title Amended Submitted
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PCAPCD............................ 301 Nonagricultural Burning and 08/09/2018 11/21/2018
Smoke Management.
PCAPCD............................ 302 Agricultural Waste Burning 08/09/2018 11/21/2018
Smoke Management.
PCAPCD............................ 305 Residential Allowable 10/11/2018 01/31/2019
Burning.
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We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. 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 five public comments. These comments
were generally supportive of the action and none raised any concerns
with our proposed rule.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is fully approving these rules
into the California SIP. The August 9, 2018 versions of Rule 301 and
302 and the October 11, 2018 version of Rule 305 will replace the
previously approved versions of these 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
PCAPCD 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. 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 September 27, 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, Particulate
matter, Reporting and recordkeeping requirements.
[[Page 40338]]
Dated: July 16, 2021.
Deborah Jordan,
Acting 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)(423)(i)(A)(8),
(9), and (10), (c)(527)(i)(C), and (c)(545)(i)(C) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(423) * * *
(i) * * *
(A) * * *
(8) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(527)(i)(C)(1) of this section, Rule 301 ``Nonagricultural
Burning Smoke Management'', amended on February 9, 2012.
(9) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(2) of this section and now deleted with replacement in
paragraph (c)(527)(i)(C)(2) of this section, Rule 302 ``Agricultural
Waste Burning Smoke Management'', amended on February 9, 2012.
(10) Previously approved on January 31, 2013, in paragraph
(c)(423)(i)(A)(5) of this section and now deleted with replacement in
paragraph (c)(545)(i)(C)(1) of this section, Rule 305 ``Residential
Allowable Burning'', amended on February 9, 2012.
* * * * *
(527) * * *
(i) * * *
(C) Placer County Air Pollution Control District.
(1) Rule 301, ``Nonagricultural Burning Smoke Management,'' amended
on August 9, 2018.
(2) Rule 302, ``Agricultural Waste Burning Smoke Management''
amended on August 9, 2018.
* * * * *
(545) * * *
(i) * * *
(C) Placer County Air Pollution Control District,
(1) Rule 305, ``Residential Allowable Burning'' amended on October
11, 2018.
(2) [Reserved]
* * * * *
[FR Doc. 2021-16009 Filed 7-27-21; 8:45 am]
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