11130 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0121; FRL–10017– 

02–Region 9] 

Air Plan Approval; California; South 

Coast Air Quality Management District; 

Ventura County 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 South Coast Air 

Quality Management District 

(SCAQMD) and the Ventura County Air 

Pollution Control District (VCAPCD) 

portions of the California State 

Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOCs) from the use 

and application of industrial adhesives. 

We are approving local rules that 

regulate these emission sources under 

the Clean Air Act (CAA or the Act). 

DATES: Effective on March 26, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0121. 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: 

Arnold Lazarus, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3024 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 September 3, 2020 (85 FR 54952), 

the EPA proposed to approve the 

following rules into the California SIP: 

Local agency Rule No. Rule title Adopted Submitted 

SCAQMD ......... 1168 Adhesive and Sealant Applications ............................. October 6, 2017 ............... May 23, 2018. 

VCAPCD ......... 74.20 Adhesives and Sealants .............................................. October 9, 2018 ............... January 31, 2019. 

We proposed to approve these rules 

because we determined that they 

comply with the relevant CAA 

requirements. Our proposed action and 

associated TSDs contain 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 eight 

comments. Each of the comments were 

supportive of the proposed action. 

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. 

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 

SCAQMD and the VCAPCD 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 


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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 11131 

• 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 April 26, 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, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Signing Statement 

This document of the Environmental 

Protection Agency was signed on 

December 11, 2020, by John Busterud, 

Regional Administrator, Region IX, 

pursuant to a consent decree entered on 

December 4, 2020 in Our Childrens 

Earth Foundation v. Wheeler, 4:20–cv– 

00396–JSW (N.D. Cal.). That document 

with the original signature and date is 

maintained by EPA. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned EPA Official 

re-signs the document for publication, 

as an official document of the 

Environmental Protection Agency. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Dated: December 11, 2020. 

John Busterud, 

Regional Administrator, Region IX. 

Signed in Berkeley on February 5, 2021 by: 

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 

■ 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)(362)(i)(B)(3), 

(c)(429)(i)(A)(7), (c)(518)(i)(C), and 

(c)(545) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(362) * * * 

(i) * * * 

(B) * * * 

(3) Previously approved on December 

21, 2009 in paragraph (c)(362)(i)(B)(1) of 

this section and now deleted with 

replacement in (c)(518)(i)(C)(1), Rule 

1168, ‘‘Adhesive and Sealant 

Applications,’’ amended on January 7, 

2005. 

* * * * * 

(429) * * * 

(i) * * * 

(A) * * * 

(7) Previously approved on August 30, 

2013 in paragraph (c)(429)(i)(A)(1) of 

this section and now deleted with 

replacement in (c)(545)(i)(A)(1), Rule 

74.20, ‘‘Adhesives and Sealants,’’ 

revised on September 11, 2012. 

* * * * * 

(518) * * * 

(i) * * * 

(C) South Coast Air Quality 

Management District. 

(1) Rule 1168, ‘‘Adhesive and Sealant 

Applications,’’ amended on October 6, 

2017. 

(2) [Reserved] 

* * * * * 

(545) New regulations for the 

following APCDs were submitted on 

January 31, 2019 by the Governor’s 

designee as an attachment to a letter 

dated January 23, 2019. 

(i) Incorporation by reference. 

(A) Ventura County Air Pollution 

Control District. 

(1) Rule 74.20, ‘‘Adhesives and 

Sealants,’’ revised on October 9, 2018. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

[FR Doc. 2021–02909 Filed 2–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 70 

[EPA–R08–OAR–2020–0722; FRL–10019– 

27–Region 8] 

Full Approval of Revised Clean Air Act 

Operating Permit Program; North 

Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: With this direct final rule, the 

Environmental Protection Agency (EPA 

or the ‘‘Agency’’) is promulgating full 

approval of the revised and recodified 

North Dakota operating permit program 

for stationary sources subject to title V 

of the Clean Air Act (CAA or the ‘‘Act’’). 

On August 6, 2018, North Dakota 

submitted a request for approval of its 

revisions to the North Dakota operating 

permit program (the ‘‘title V program’’) 

for stationary sources subject to title V 

of the CAA and recodification of the 

State’s title V program under a new title 

of the North Dakota Administrative 

Code (NDAC). The EPA determined that 

the revised and recodified program 

substantially met the requirements of 

title V of the Act and Code of Federal 

Regulations (CFR) but was not fully 

approvable because the State law 

provisions for judicial review were not 

consistent with program requirements 

found in the CFR. Thus, EPA issued an 

interim approval of North Dakota’s title 

V program. North Dakota has made the 

changes required for full program 

approval. Accordingly, the EPA is 

taking this action in accordance with 

the CAA and CFR title V program 


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