Rule2021-25045
Air Plan Approval; California; San Joaquin Valley Air Pollution Control District; Stationary Source Permits
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 17, 2021
Effective
December 17, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 219 (Wednesday, November 17, 2021)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25045]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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: Laura Yannayon, EPA Region IX, Air-3-
1, 75 Hawthorne St., San Francisco, CA
[[Page 64072]]
94105, (415) 972-3534, <a href="/cdn-cgi/l/email-protection#6e170f00000f17010040020f1b1c0f2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="3e475f50505f47515010525f4b4c5f7e5b4e5f10595148">[email protected]</span></a>.
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
Operations.
----------------------------------------------------------------------------------------------------------------
Our proposed action contains more information on the rule and our
evaluation.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
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 <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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
<bullet> 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 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:
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 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]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 17, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.