[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Rules and Regulations]
[Pages 64071-64073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25045]



40 CFR Part 52

[EPA-R09-OAR-2020-0238; FRL-8896-02-R9]

Air Plan Approval; California; San Joaquin Valley Air Pollution 
Control District; Stationary Source Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the San Joaquin Valley Air Pollution 
Control District (SJVAPCD or ``the District'') portion of the 
California State Implementation Plan (SIP). This revision concerns the 
District's New Source Review permitting program for new and modified 
sources of air pollution under section 110(a)(2)(C) of the Clean Air 
Act (CAA); specifically our approval of Rule 2021: Experimental 
Research Operations. We are finalizing our proposed approval of Rule 
2021 as part of the District's program to regulate the modification and 
construction of stationary sources within the areas covered by the SIP 
as necessary to assure attainment and maintenance of the National 
Ambient Air Quality Standards.

DATES: This rule will be effective on December 17, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket No. EPA-R09-OAR-2020-0238. 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.

1, 75 Hawthorne St., San Francisco, CA

[[Page 64072]]

94105, (415) 972-3534, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments
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 
rule into the California SIP. 86 FR 10522. Table 1 lists the rule 
addressed by this final action with the dates that it was adopted by 
the local air agency and submitted to the EPA by the California Air 
Resources Board.

                                             Table 1--Submitted Rule
           Local agency                Rule No.              Rule title               Amended      Submitted on
SJVAPCD...........................            2021  Experimental Research               12/17/92        11/18/93

    Our proposed action contains more information on the rule and our 

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one non-germane comment. Therefore, we 
are finalizing our action as proposed.

III. EPA Action

    No comments were submitted that changed our assessment of the rule 
as described in our proposed action. We continue to find that SJVAPCD 
Rule 2021 fulfills all relevant CAA requirements. Therefore, as 
authorized in section 110(k)(3) of the Act, the EPA is fully approving 
the rule 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 rule 
listed in Table 1 of this preamble. The EPA has made, and will continue 
to make, this document available through https://www.regulations.gov 
and in hard copy 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, 
     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, 
    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. 
    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 January 18, 2022. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping

[[Page 64073]]

requirements, and Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 10, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:


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 paragraph (c)(194)(i)(C)(6) to 
read as follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (194) * * *
    (i) * * *
    (C) * * *
    (6) Rule 2021, ``Experimental Research Operations,'' amended on 
December 17, 1992.
* * * * *
[FR Doc. 2021-25045 Filed 11-16-21; 8:45 am]