[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50645-50647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19434]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0476; FRL-8777-02-R9]


Air Plan Approval; California; Antelope Valley Air Quality 
Management District, Eastern Kern Air Pollution Control District, and 
Yolo-Solano Air Quality Management District; Combustion Sources

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 Antelope Valley Air Quality 
Management District (AVAQMD), Eastern Kern Air Pollution Control 
District (EKAPCD), and Yolo-Solano Air Quality Management District 
(YSAQMD) portions of the California State Implementation Plan (SIP). 
These revisions concern emissions of oxides of nitrogen 
(NOX) from boilers, steam generating units, process heaters, 
and stationary internal combustion engines. We are approving local 
rules that regulate these emission sources under the Clean Air Act (CAA 
or the ``Act'').

DATES: This rule will be effective on October 12, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0476. 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 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 at (415) 972-3073 and 
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 April 5, 2021 (86 FR 17567), the EPA proposed to approve the 
following rules into the California SIP.

                                            TABLE 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency             Rule #           Rule title                Local action           Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD.........................     1110.2  Emissions from             Amended 09/18/2018.......      10/30/2018
                                             Stationary, Non-Road and
                                             Portable Internal
                                             Combustion Engines.
EKAPCD.........................      425.2  Boilers, Steam             Amended..................      08/22/2018
                                             Generators, and Process   01/11/2018...............
                                             Heaters (Oxides of
                                             Nitrogen).
YSAQMD.........................       2.27  Large Boilers............  Revised 05/15/2019.......      08/19/2019
----------------------------------------------------------------------------------------------------------------

    In our proposed rule, we erroneously stated that an earlier version 
of EKAPCD Rule 425.2 had been approved into the SIP on October 28, 1999 
(64 FR 57991). That version of the rule was approved into the SIP on 
September 24, 1999 (64 FR 51688). We proposed to approve these rules 
because we determined that they comply with the relevant CAA

[[Page 50646]]

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 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 rules 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 local 
air district 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 November 9, 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, Ozone, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 31, 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)(241)(i)(B)(2), 
(c)(249)(i)(B)(2), (c)(520)(i)(B), (c)(521)(i)(A)(2) and (c)(542)(i)(C) 
to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (241) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on June 17, 1997 in paragraph 
(c)(241)(i)(B)(1) of this section and now deleted with replacement in 
(c)(542)(i)(C)(1), Rule 2.27, revised on August 14, 1996.
* * * * *
    (249) * * *
    (i) * * *
    (B) * * *
    (2) Previously approved on September 24, 1999 in paragraph 
(c)(249)(i)(B)(1) of this section and now deleted with replacement in 
(c)(520)(i)(A)(1), Rule 425.2 adopted on October 13, 1994 and amended 
on July 10, 1997.
* * * * *
    (520) * * *
    (i) * * *
    (B) Eastern Kern Air Pollution Control District.
    (1) Rule 425.2, ``Boilers, Steam Generators, and Process Heaters 
(Oxides of Nitrogen),'' amended on January 11, 2018.

[[Page 50647]]

    (2) [Reserved]
* * * * *
    (521) * * *
    (i) * * *
    (A) * * *

(2) Rule 1110.2, ``Emissions from Stationary, Non-Road and Portable 
Internal Combustion Engines,'' amended on September 18, 2018.

* * * * *
    (542) * * *
    (i) * * *
    (C) Yolo-Solano Air Quality Management District.
    (1) Rule 2.27, ``Large Boilers,'' revised on May 15, 2019.
    (2) [Reserved]
* * * * *
[FR Doc. 2021-19434 Filed 9-9-21; 8:45 am]
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