10524 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

revisions to 40 CFR 52.220a 

(Identification of plan-in part). 

We will accept comments from the 

public on this proposal until March 24, 

2021. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the rule listed in Table 1 of this 

preamble. The EPA has made, and will 

continue to make, this document 

available through https://

www.regulations.gov 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). 

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 proposed action 

merely proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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). 

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 

requirements, and Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 5, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–02906 Filed 2–19–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0519; FRL–10017– 

54—Region 9] 

Air Quality Implementation Plan; 

California; Mendocino County Air 

Quality Management District; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

two rule revisions to the Mendocino 

County Air Quality Managment District 

(MCAQMD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). These revisions concern the 

District’s prevention of significant 

deterioration (PSD) permitting program 

for new and modified stationary sources 

of air pollution. We are proposing action 

on these local rules pursuant to 

requirements under Part C of Title I of 

the Clean Air Act as amended in 1990 

(CAA or the ‘‘Act’’). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Written comments must be 

received on or before March 24, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2020–0519 at https://

www.regulations.gov, or via email to 

R9AirPermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information the disclosure of 

which is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI and multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 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: 

Amber Batchelder, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone: (415) 947–4174, or by 

email to batchelder.amber@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 


tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10525 

1The 2017 final rule stated incorrectly that the 

criteria in 40 CFR 51.166(r)(1) had not been met. 

Our proposal notice (81 FR 95074, December 27, 

2016) and Technical Support Document (TSD) 

correctly noted that only the criteria in 40 CFR 

41.166(r)(2) had not been met. See e.g., Section 4.2, 

number 15 on Page 18 of the TSD for the 2017 final 

action. 

2Rule 1–220 includes a potential typographical 

error. The term ‘‘bases’’ should be ‘‘databases.’’ This 

error does not impact applicability nor 

enforceability. We recommend correcting the 

language the next time the rule is amended. Please 

see the TSD, located in the docket for this rule, for 

additional information. 

C. What is the purpose of the submitted 

rules? 

II. The EPA’s Evaluation 

A. How is the EPA evaluating these rules? 

B. Do the rules meet the evaluation 

criteria? 

III. Proposed Action and Public Comment 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this action with the dates that they were 

adopted by the MCAQMD and 

submitted by the California Air 

Resources Board (CARB), the Governor’s 

designee for California SIP submittals. 

TABLE 1—SUBMITTED RULES

Rule No. Rule title Amended Submitted 

1–220 ................ New Source Review Standards (Including PSD Evaluations) ................................................. 4/7/2020 8/10/2020 

1–230 ................ Action on Applications .............................................................................................................. 4/7/2020 8/10/2020 

This proposed action serves as our 

formal determination that the submittal 

for Rules 1–220 and 1–230 meets the 

completeness criteria in 40 CFR part 51 

Appendix V. 

B. Are there other versions of these 

rules? 

On July 3, 2017, the EPA finalized 

approval of Rule 1–230 and limited 

approval and limited disapproval of 

Rule 1–220. 82 FR 30770. 

C. What is the purpose of the submitted 

rules? 

On July 3, 2017, we listed the 

following two deficiencies in our final 

limited approval and limited 

disapproval of Rule 1–220: 

• Rule 1–220 does not contain any 

provisions specifying that required air 

quality modeling shall be based on the 

applicable models, databases, and other 

requirements specified in Part 51 

Appendix W; therefore, the 

requirements of 40 CFR 51.160(f) and 

51.166(l) have not been met. 

• The requirements of 40 CFR 

51.166(r)(2) 1 have not been met because 

the rule does not include the necessary 

information about a source’s obligations. 

The District addressed the first 

deficiency by adding provisions to Rule 

1–220 and addressed the second 

deficiency by revising Rule 1–230. 

Rules 1–220 and 1–230 contain the 

requirements for review and permitting 

of individual stationary sources in the 

MCAQMD. The amended sections of 

these rules satisfy the statutory and 

regulatory requirements for the New 

Source Review (NSR) program, 

including the PSD program. The 

changes the District made to the rules 

listed above as they pertain to the PSD 

program were largely administrative in 

nature and provide additional clarity to 

the rules.2

II. The EPA’s Evaluation 

A. How is the EPA evaluating these 

rules? 

The EPA reviewed the revised 

portions of Rules 1–220 and 1–230 for 

compliance with the CAA’s general 

requirements for SIPs in CAA section 

110(a)(2), the EPA’s regulations for 

stationary source permitting programs 

in 40 CFR part 51, 51.160–51.164 and 

51.166, and the CAA requirements for 

SIP revisions in CAA section 110(l). The 

EPA is proposing approval of Rules 1– 

220: New Source Review Standards 

(Including PSD Evaluations) and 1–230: 

Action on Applications. 

B. Do the rules meet the evaluation 

criteria? 

With respect to procedural 

requirements, CAA sections 110(a)(2) 

and 110(l) require that revisions to a SIP 

be adopted by the state after reasonable 

notice and public hearing. Based on our 

review of the public process 

documentation included in the August 

10, 2020 submittal of the MCAQMD 

Rules 1–220 and 1–230, we find that the 

MCAQMD has provided sufficient 

evidence of public notice, opportunity 

for comment and a public hearing prior 

to adoption and submittal of these rules 

to the EPA. 

We have determined that the revised 

sections of the rules satisfy all of the 

statutory and regulatory requirements 

for a PSD permit program as set forth in 

the applicable provisions of Part C of 

Title I of the Act and in 40 CFR part 51, 

51.160–51.164 and 51.166. The 

revisions to these rules address and 

correct the limited disapproval issues 

from our July 3, 2017 final action. 

Our Technical Support Document, 

which can be found in the docket for 

this rule, contains a more detailed 

discussion and analysis of the approval 

criteria and the District’s submittal. 

III. Proposed Action and Public 

Comment 

As authorized in section 110(k)(3) of 

the Act, the EPA is proposing to 

approve the submitted rules because 

they correct the previously identified 

deficiencies and fulfill all relevant CAA 

requirements. We will accept comments 

from the public on this proposal until 

March 24, 2021. If we finalize this 

action as proposed, our action will be 

codified through revisions to 40 CFR 

52.220a (Identification of plan-in part). 

IV. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to incorporate by reference 

the MCAQMD rules described in Table 

1 of this preamble. The EPA has made, 

and will continue to make, these 

materials available through https://

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 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 Act. Accordingly, this action merely 

proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 


tkelley on DSKBCP9HB2PROD with PROPOSALS
10526 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

• 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 

disproportionate human health or 

environmental effects with practical, 

appropriate, 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

New source review, Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 5, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–02912 Filed 2–19–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 210211–0020] 

RIN 0648–BJ82 

Pacific Island Fisheries; Mariana 

Archipelago Bottomfish Annual Catch 

Limits and Accountability Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This rulemaking proposes to 

establish annual catch limits (ACL) and 

annual catch targets (ACT) for 

bottomfish in Guam and the 

Commonwealth of the Northern Mariana 

Islands (CNMI), and accountability 

measures (AM) to correct or mitigate 

any overages by reducing the ACL and 

or ACT for the subsequent year. The 

proposed ACLs, ACTs, and AMs would 

be effective for fishing years 2020–2022 

in Guam and for fishing years 2020– 

2023 in the CNMI. The proposed action 

supports the long-term sustainability of 

the bottomfish fishery in the Mariana 

Islands. 

DATES: NMFS must receive comments 

by March 15, 2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2020–0119, by either of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2020- 

0119, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Send written comments to 

Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818. 

Instructions: NMFS may not consider 

comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period. All comments received are a 

part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender will be 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

NMFS prepared a draft environmental 

assessment (EA) that describes the 

potential impacts on the human 

environment that could result from the 

proposed ACLs and AMs. The draft EA 

and other supporting documents are 

available from www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Ellgen, NMFS Pacific Islands 

Regional Office, Sustainable Fisheries, 

808–725–5173. 

SUPPLEMENTARY INFORMATION: The Guam 

and CNMI bottomfish fisheries target an 

assemblage, or complex, of 13 

bottomfish management unit species 

(BMUS), including emperors, snappers, 

groupers, and jacks. NMFS and the 

Western Pacific Fishery Management 

Council (Council) manage the 

bottomfish fisheries in the U.S. 

Exclusive Economic Zone (generally 

3–200 nautical miles (nm) from shore) 

around Guam and the CNMI through the 

Fishery Ecosystem Plan for the Mariana 

Archipelago (FEP), under the authority 

of the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The FEP 

contains a process for the Council and 

NMFS to specify ACLs, ACTs, and AMs, 

codified at 50 CFR 665.4. 

The regulations require NMFS to 

specify an ACL and AM for each stock 

and stock complex of management unit 

species, as recommended by the 

Council, and considering the best 

available scientific, commercial, and 

other information about the fishery. If a 

fishery exceeds an ACL, the regulations 

require the Council to take action, 

which may include reducing the ACL 

for the subsequent fishing year by the 

amount of the overage, or other 

appropriate action. The specification of 

an ACT, which is set below the ACL, 

can help ensure that the catch does not 

exceed the ACL. When used, an ACT 

also serves as the basis for invoking 

accountability measures. 

The Council and NMFS manage 

bottomfish as a single multi-species 

stock complex that is assessed as one 

unit whether the fish are in territorial or 

Federal waters. As a result, while most 

fishing for BMUS occurs in territorial 

waters, generally from the shoreline out 


tkelley on DSKBCP9HB2PROD with PROPOSALS