[Federal Register Volume 85, Number 219 (Thursday, November 12, 2020)]
[Rules and Regulations]
[Pages 71846-71848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23551]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2020-0122; FRL-10014-19-Region 9]


Air Plan Approval; California; Butte County; El Dorado County; 
Mojave Desert Air Quality Management District; San Diego County; 
Ventura County

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 Butte County Air Quality Management 
District (BCAQMD), El Dorado County Air Quality Management District 
(EDCAQMD), Mojave Desert Air Quality Management District (MDAQMD), San 
Diego County Air Pollution Control District (SDCAPCD) and Ventura 
County Air Pollution Control District (VCAPCD) portions of the 
California State Implementation Plan (SIP). These revisions concern 
rules that include definitions for certain terms that are necessary for 
the implementation of local rules that regulate sources of air 
pollution. We are approving the definitions rules under the Clean Air 
Act (CAA or the Act).

DATES: This rule will be effective on December 14, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0122. 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: Arnold Lazarus, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-2304 or by 
email at Lazarus.arnold@epa.gov.

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 July 6, 2020 (85 FR 40156), the EPA proposed to approve the five 
amended rules listed in Table 1 as revisions to the California SIP. 
With respect to BCAQMD Rule 102, we determined that the State had not 
provided sufficient public process documentation to provide the basis 
for a rescission of the rule from the applicable SIP, but we recognized 
that, because the remaining definitions in BCAQMD Rule 102 had been 
moved to BCAQMD Rule 101 and because we are approving BCAQMD Rule 101, 
there is no reason to retain BCAQMD Rule 102 in the applicable SIP.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                     Amended/
          Local agency              Rule No.        Rule title       Rescinded        revised        Submitted
----------------------------------------------------------------------------------------------------------------
BCAQMD.........................             101  Definitions....  ..............      12/14/2017   \1\ 5/23/2018
BCAQMD.........................             102  Definitions....  \2\ 12/14/2017  ..............   \3\ 5/23/2018
EDCAQMD........................             101  General          ..............       6/20/2017        8/9/2017
                                                  Provisions and
                                                  Definitions.
MDAQMD.........................             102  Definition of    ..............       1/28/2019   \4\ 8/19/2019
                                                  Terms.

[[Page 71847]]

 
SDCAPCD........................               2  Definitions....  ..............       7/11/2017      11/13/2017
VCAPCD.........................               2  Definitions....  ..............        4/9/2019   \5\ 8/19/2019
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    We proposed to approve these rules because we determined that they 
comply with the relevant CAA requirements. Our proposed action and 
related technical support documents (TSDs) contain more information on 
the rules and our evaluation.
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    \1\ CARB submitted the amendment to BCAQMD Rule 101 
electronically on May 23, 2018. CARB's submittal letter is dated May 
18, 2018.
    \2\ The BCAQMD amended Rule 101 on this date but took no action 
on Rule 102. The date is from Enclosure A to CARB Executive Order S-
18-004, May 18, 2018, which is included in CARB's May 23, 2018 SIP 
submittal.
    \3\ CARB submitted the rescission of BCAQMD Rule 102 
electronically on May 23, 2018. CARB's submittal letter is dated May 
18, 2018.
    \4\ CARB submitted the amendment to MDAQMD Rule 102 
electronically on August 19, 2019. CARB's submittal letter is dated 
August 16, 2019.
    \5\ CARB submitted the amendment to VCAPCD Rule 2 electronically 
on August 19, 2019. CARB's submittal letter is dated August 16, 
2019.
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received a comment letter from a member of the 
public who expressed support for the proposed rulemaking.

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. Our final action includes regulatory text in 
40 CFR 52.220 that incorporates by reference the amended rules listed 
in Table 1 above, and identifies the previously approved rules that are 
being superseded in the California SIP by the approval of the amended 
rules. We are also including regulatory text that specifically 
identifies the remaining definitions in BCAQMD Rule 102 
(``Definitions'') that were superseded by our approval in 2015 of 
BCAQMD Rule 300 (``Open Burning Requirements, Prohibitions and 
Exemptions'') \6\ and the remaining definitions that are being 
superseded by today's approval of amended BCAQMD Rule 101.
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    \6\ We approved BCAQMD Rule 300 at 80 FR 38966 (July 8, 2015).
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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 
BCAQMD's, the EDAQMD's, the MDAQMD's, the SDCAPCD's and the VCAPCD's 
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);
     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 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

[[Page 71848]]

States Court of Appeals for the appropriate circuit by January 11, 
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, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: October 16, 2020.
John Busterud,
Regional Administrator, Region IX.
    For the reasons stated in the preamble, the EPA 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)(168)(i)(A)(11) 
and (12), (c)(280)(i)(B)(3), (c)(404)(i)(C)(3), (c)(457)(i)(C)(7), 
(c)(488)(i)(A)(5), (c)(503)(i)(C), (c)(516)(i)(B), (c)(518)(i)(B), 
(c)(520)(i)(A)(2) and (c)(542) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (168) * * *
    (i) * * *
    (A) * * *
    (11) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(423)(i)(G)(1), Rule 102 ``Definitions'': the definitions 
for ``approved ignition devices,'' ``open out-door fire'', ``permissive 
burn day'' and ``range improvement burning.''
    (12) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(518)(i)(B)(1), Rule 102 ``Definitions'': the definitions 
for ``submerged fill pipe'' and ``vapor recovery system''.
* * * * *
    (280) * * *
    (i) * * *
    (B) * * *
    (3) Previously approved on October 10, 2001 in paragraph 
(c)(280)(i)(B)(2) of this section and now deleted with replacement in 
paragraph (c)(503)(i)(C)(1), Rule 101, adopted on February 15, 2000.
* * * * *
    (404) * * *
    (i) * * *
    (C) * * *
    (3) Previously approved on December 7, 2012 in paragraph 
(c)(404)(i)(C)(1) of this section and now deleted with replacement in 
paragraph (c)(542)(i)(B)(1), Rule 2, ``Definitions,'' revised on 
October 22, 1968, as revised through April 12, 2011.
* * * * *
    (457) * * *
    (i) * * *
    (C) * * *
    (7) Previously approved on June 11, 2015 in paragraph 
(c)(457)(i)(C)(1) of this section and now deleted with replacement in 
paragraph (c)(518)(i)(B)(1), Rule 101, ``Definitions,'' amended on 
April 24, 2014.
* * * * *
    (488) * * *
    (i) * * *
    (A) * * *
    (5) Previously approved on June 21, 2017 in paragraph 
(c)(488)(i)(A)(1) of this section and now deleted with replacement in 
(c)(516)(i)(B)(1), Regulation 1, Rule 2, ``Definitions,'' Rev. Adopted 
and Effective on June 30, 1999, Table 1--Exempt Compounds: Rev. and 
Effective on June 14, 2016.
* * * * *
    (503) * * *
    (i) * * *
    (C) El Dorado County Air Quality Management District.
    (1) Rule 101, ``General Provisions and Definitions,'' amended on 
June 20, 2017.
    (2) [Reserved]
* * * * *
    (516) * * *
    (i) * * *
    (B) San Diego County Air Pollution Control District.
    (1) Rule 2, ``Definitions,'' amended on July 11, 2017.
    (2) [Reserved]
* * * * *
    (518) * * *
    (i) * * *
    (B) Butte County Air Quality Management District.
    (1) Rule 101, ``Definitions,'' amended on December 14, 2017.
    (2) [Reserved]
* * * * *
    (520) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on July 2, 2019 in paragraph 
(c)(520)(i)(A)(1) of this section and now deleted with replacement in 
paragraph (c)(542)(i)(A)(1), Rule 102, ``Definition of Terms,'' amended 
on April 23, 2018.
* * * * *
    (542) New regulations for the following APCDs were submitted on 
August 19, 2019 by the Governor's designee as an attachment to a letter 
dated August 16, 2019.
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rule 102, ``Definition of Terms,'' amended on January 28, 2019.
    (2) [Reserved]
    (B) Ventura County Air Pollution Control District.
    (1) Rule 2, ``Definitions,'' as amended through April 9, 2019.
    (2) [Reserved]
    (ii) [Reserved]

[FR Doc. 2020-23551 Filed 11-10-20; 8:45 am]
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