[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 Gong.Kevin@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

[[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.

----------------------------------------------------------------------------------------------------------------
           Local Agency                Rule No.              Rule title               Amended        Submitted
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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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