3816 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0435; FRL–10017– 

70–Region 9] 

Air Plan Approval; California; Placer 

County Air Pollution Control District, 

Antelope Valley Air Quality 

Management District, Mariposa County 

Air Pollution Control District, and 

Eastern Kern Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Placer County 

Air Pollution Control District 

(PCAPCD), Antelope Valley Air Quality 

Management District (AVAQMD), 

Mariposa County Air Pollution Control 

District (MCAPCD), and Eastern Kern 

Air Pollution Control District (EKAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern negative declarations 

for the Control Techniques Guidelines 

(CTG) for the Oil and Natural Gas 

Industry (Oil and Natural Gas CTG). We 

are approving the negative declarations 

into the California SIP. 

DATES: This rule will be effective on 

February 16, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0435. 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: Sina 

Schwenk-Mueller, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105, by phone: (415) 947–4100 or by 

email at SchwenkMueller.Sina@epa.gov; 

or Rebecca Newhouse, EPA Region IX, 

75 Hawthorne St., San Francisco, CA 

94105, by phone: (415) 972–3004 or by 

email at newhouse.rebecca@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. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 6, 2020 (85 FR 63064), the 

EPA proposed to approve the following 

negative declarations into the CA SIP. 

Local agency Document title Adopted Submitted 

PCAPCD .......................................... Negative Declaration for the Control Techniques Guidelines for the Oil 

and Natural Gas Industry Source Category.

12/12/19 1 01/23/20 

AVAQMD ......................................... Federal Negative Declaration for Control Techniques Guidelines (CTG) 

for the Oil and Natural Gas Industry Source Category.

01/21/20 2 05/01/20 

MCAPCD ......................................... Negative Declaration for the Control Techniques Guidelines for the Oil 

and Natural Gas Industry Source Category.

03/10/20 3 05/01/20 

EKAPCD .......................................... Reasonably Available Control Technology (RACT) State Implementation 

Plan (SIP) for the 2008 Ozone National Ambient Air Quality Standards—Negative Declaration for Oil and Natural Gas CTG.4

05/11/17 08/09/17 

1 This submittal was transmitted to the EPA by a letter from CARB dated January 21, 2020. 2 This submittal was transmitted to the EPA by a letter from CARB dated April 30, 2020. 3 This submittal was transmitted to the EPA by a letter from CARB dated April 30, 2020. 4 The EPA is only acting on the negative declaration for the Oil and Natural Gas CTG in Table 6—CTG Categories with No Applicable Source 

(Negative Declarations) of the EKAPCD RACT SIP Submittal. At this time, the EPA is not proposing any action on the remainder of the EKAPCD 

RACT SIP that was submitted on August 9, 2017. The EPA will propose a separate action on the remainder of the EKAPCD RACT SIP at a future date. 

We proposed to approve these 

negative declarations because we 

determined that they comply with the 

relevant CAA requirements. Our 

proposed action contains more 

information on the negative declarations 

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 revisions into the 

California SIP. 

IV. 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 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3817 

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 March 16, 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, 

Volatile organic compounds. 

Dated: December 11, 2020. 

John Busterud, 

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 

■ 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 paragraphs (c)(503)(ii), (c)(548), 

and (c)(549) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(503) * * * 

(ii) Additional materials. (A) Eastern 

Kern Air Pollution Control District. 

(1) Reasonably Available Control 

Technology (RACT) State 

Implementation Plan (SIP) for the 2008 

Ozone National Ambient Air Quality 

Standards—Negative Declaration for Oil 

and Natural Gas CTG only, as adopted 

on May 11, 2017. 

(2) [Reserved] 

(B) [Reserved] 

* * * * * 

(548) Additional materials were 

submitted on January 23, 2020 by the 

Governor’s designee as an attachment to 

a letter dated January 21, 2020. 

(i) [Reserved] 

(ii) Additional materials. (A) Placer 

County Air Pollution Control District. 

(1) Negative Declaration for the 

Control Techniques Guidelines for the 

Oil and Natural Gas Industry Source 

Category as adopted on December 12, 

2019. 

(2) [Reserved] 

(B) [Reserved] 

(549) Additional materials were 

submitted on May 1, 2020 by the 

Governor’s designee as an attachment to 

a letter dated April 30, 2020. 

(i) [Reserved] 

(ii) Additional materials. (A) Antelope 

Valley Air Quality Management District. 

(1) Federal Negative Declaration for 

Control Techniques Guidelines (CTG) 

for the Oil and Natural Gas Industry 

Source Category as adopted on January 

21, 2020 

(2) [Reserved] 

(B) Mariposa County Air Pollution 

Control District. 

(1) Negative Declaration for the 

Control Techniques Guidelines for the 

Oil and Natural Gas Industry Source 

Category as adopted on March 10, 2020. 

(2) [Reserved] 

■ 3. Section 52.222 is amended by 

adding paragraphs (a)(4)(v), (a)(6)(xii), 

and (a)(15) and (16) to read as follows: 

§ 52.222 Negative declarations. 

(a) * * * 

(4) * * * 

(v) The following negative declaration 

for the 2008 ozone standard was 

adopted by the District on December 12, 

2019, and submitted to the EPA on 

January 23, 2020, as an attachment to a 

letter dated January 21, 2020: The 

Control Techniques Guidelines for the 

Oil and Natural Gas Industry (EPA 453/ 

B–16–001). 

* * * * * 

(6) * * * 

(xii) The following negative 

declaration for the 2008 ozone standard 

was adopted by the District on January 

21, 2020 and submitted to the EPA on 

May 1, 2020, as an attachment to a letter 

dated April 30, 2020: The Control 

Techniques Guidelines for the Oil and 

Natural Gas Industry (EPA 453/B–16– 

001). 

* * * * * 

(15) Mariposa County Air Pollution 

Control District. 

(i) The following negative declaration 

for the 2008 ozone standard was 

adopted by the District on March 10, 

2020, and submitted to the EPA on May 

1, 2020, as an attachment to a letter 

dated April 30, 2020: The Control 

Techniques Guidelines for the Oil and 

Natural Gas Industry (EPA 453/B–16– 

001). 

(ii) [Reserved] 

(16) Eastern Kern Air Pollution 

Control District 

(i) The following negative declaration 

for the 2008 ozone standard was 

adopted by the District on May 11,2017 

and submitted to the EPA on August 9, 

2017: The Control Techniques 

Guidelines for the Oil and Natural Gas 

Industry (EPA 453/B–16–001). 

(ii) [Reserved] 

[FR Doc. 2020–28018 Filed 1–14–21; 8:45 am] 

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