10520 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

41Submitted on December 15, 2020 and included 

in the docket. EPA is not at this time proposing to 

determine whether this updated planning chapter, 

in conjunction with the associated regulatory 

changes, meets other Serious area nonattainment 

plan requirements for the 2006 24-hour PM2.5

NAAQS in the Fairbanks PM2.5 Nonattainment 

Area. 

measure requirements in CAA section 

172(c)(9) and 40 CFR 51.1014. 

IV. Summary of Proposed Action 

In this action, EPA is proposing to 

approve the submitted revisions to the 

Alaska SIP as meeting the following 

Serious Plan required elements for the 

2006 24-hour PM2.5 NAAQS Fairbanks 

Nonattainment Area: 

• The 2013 base year emissions 

inventory (CAA section 172(c)(3); 40 

CFR 51.1008(b)(1)); 

• The State’s PM2.5 precursor 

demonstration for NOX and VOC 

emissions (CAA section 189(e) 40 CFR 

51.1006(a)); and 

The EPA is proposing to approve the 

submitted sections of the Alaska Air 

Quality Control Plan for the Fairbanks 

PM2.5 Nonattainment Area, State 

effective January 8, 2020: 

• Volume II Section III.D.7.06 and 

Volume III Section III.D.7.06 Emissions 

Inventory for purposes of the 2013 base 

year emissions inventory; 

• Volume II Section III.D.7.08 

Precursor Demonstration, for the 

purposes of NOX and VOC emissions as 

it relates to BACM/BACT control 

measure requirements; and 

Further, the EPA is proposing to 

approve the submitted section of the 

Alaska Air Quality Control Plan for the 

Fairbanks PM2.5 Nonattainment Area, 

State effective December 25, 2020: 

• Volume II Section III.D.7.12, 

Emergency Episode Plan.41

EPA is also proposing to approve and 

incorporate by reference submitted 

regulatory changes into the Alaska SIP. 

EPA is not at this time proposing to 

determine whether these provisions also 

meet other Serious area nonattainment 

plan requirements for the 2006 24-hour 

PM2.5 NAAQS in the Fairbanks PM2.5

Nonattainment Area. Upon final 

approval, the Alaska SIP will include: 

• 18 AAC 50.030, except (a), State 

effective January 12, 2018; 

• 18 AAC 50.075, except (d)(2) and 

(f), State effective January 8, 2020; 

• 18 AAC 50.076, except (g)(11), State 

effective January 8, 2020; 

• 18 AAC 50.077, except (g) and (q), 

State effective January 8, 2020; 

• 18 AAC 50.078, except (c) and (d), 

State effective January 8, 2020; 

• 18 AAC 50.079, except (e), State 

effective January 8, 2020; and 

• 18 AAC 50.990(71), (138), (149), 

(150), (151), (152), (153), (154), and 

(155), State effective January 8, 2020. 

EPA is soliciting public comments on 

these proposed actions. 

V. Incorporation by Reference 

In this document, EPA is proposing to 

include regulatory text in an EPA final 

rule that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

the regulations described in Section IV 

of this preamble. EPA has made, and 

will continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. 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, 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, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP obligations discussed herein 

do not apply on any Indian reservation 

land or in any other area where EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. This proposed 

action 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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: February 9, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

[FR Doc. 2021–03064 Filed 2–19–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0605; FRL–10019– 

34–Region 9] 

Air Plan Approval; California; Imperial 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Imperial County Air 

Pollution Control District (ICAPCD) 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns emissions of oxides of 

nitrogen (NOX) from natural gas-fired 


tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 10521 

1British thermal unit (Btu) per hour: The amount 

of heat required to raise the temperature of one 

pound of water from 59 °F to 60 °F at one 

atmosphere 

water heaters. We are proposing to 

approve a local rule to regulate these 

emission sources under the Clean Air 

Act (CAA or the ‘‘Act’’). We are taking 

comments on this proposal and plan to 

follow with a final action. 

DATES: Comments must be received on 

or before March 24, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2020–0605 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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 whose disclosure 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 or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.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: 

Robert Schwartz, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3286 or by 

email at schwartz.robert@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 rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. The EPA’s Recommendations To Further 

Improve the Rule 

D. Public Comment and Proposed Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

Table 1 lists the rule addressed by this 

proposal with the dates that it was 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

ICAPCD ............. 400.6 Natural Gas-Fired Water Heaters ................................................................ 11/26/2019 02/06/2020 

On August 6, 2020, the submittal for 

ICAPCD Rule 400.6 was deemed by 

operation of law to meet the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of this rule? 

There are no previous versions of 

Rule 400.6 in the SIP. 

C. What is the purpose of the submitted 

rule? 

Emissions of NOX contribute to the 

production of ground-level ozone, smog, 

and particulate matter (PM), which 

harm human health and the 

environment. Section 110(a) of the CAA 

requires states to submit regulations that 

control NOX emissions. Rule 400.6 is a 

new rule that limits NOX emissions in 

the ICAPCD from natural gas-fired water 

heaters rated less than 75,000 Btu/hr.1

The EPA’s technical support document 

(TSD) has more information about this 

rule. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

Rules in the SIP must be enforceable 

(see CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

reasonably available control technology 

(RACT) for each major source of NOX in 

ozone nonattainment areas classified as 

Moderate or above (see CAA sections 

182(b)(2) and 182(f)). The ICAPCD 

regulates an ozone nonattainment area 

classified as Moderate for the 2008 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS) (40 CFR 

81.305) (84 FR 58641). However, 

because this rule does not affect major 

sources, it does not need to implement 

section 182(b)(2) RACT. While section 

182(b)(2) RACT does not apply, the 

Imperial County ozone nonattainment 

area is still subject to the SIP 

requirement to implement all 

reasonably available control measures 

(RACM) and attainment of the NAAQS. 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; General 

Preamble for the Implementation of Title I of 

the Clean Air Act Amendments of 1990,’’ 57 

FR 13498 (April 16, 1992); 57 FR 18070 

(April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations,’’ 

EPA, May 25, 1988 (the Bluebook, revised 

January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies,’’ 

EPA Region 9, August 21, 2001 (the Little 

Bluebook). 

4. ‘‘State Implementation Plans; Nitrogen 

Oxides Supplement to the General Preamble; 

Clean Air Act Amendments of 1990 

Implementation of Title I; Proposed Rule,’’ 

(the NOX Supplement), 57 FR 55620, 

November 25, 1992. 

5. ‘‘Alternative Control Techniques 

Document—NOX Emissions from Industrial/ 

Commercial/Institutional (ICI) Boilers,’’ EPA 

453/R–94–022 (March 1994). 

6. ‘‘Alternative Control Techniques 

Document—NOX Emissions from Process 

Heaters (Revised),’’ EPA–453/R–93–034 

1993/09 (September 1993). 


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10522 Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules 

B. Does the rule meet the evaluation 

criteria? 

This rule meets CAA requirements 

and is consistent with relevant guidance 

regarding enforceability, RACM, and SIP 

revisions. The TSD has more 

information on our evaluation. 

C. The EPA Recommendations to 

Further Improve the Rule 

The TSD includes recommendations 

for the next time the local agency 

modifies the rule. 

D. Public Comment and Proposed 

Action 

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

the Act, the EPA proposes to fully 

approve the submitted rule because it 

fulfills all relevant requirements. We 

will accept comments from the public 

on this proposal until March 24, 2021. 

If we take final action to approve the 

submitted rule, our final action will 

incorporate this rule into the federally 

enforceable SIP. 

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 ICAPCD rule 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). 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, 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. 2021–02902 Filed 2–19–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0238; FRL–10015– 

85–Region 9] 

Air Plan Approval; California; San 

Joaquin Valley Air Pollution Control 

District; Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing 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 (NSR) permitting 

program for new and modified sources 

of air pollution under section 

110(a)(2)(C) of the Clean Air Act (CAA); 

specifically our proposal to approve 

Rule 2021: Experimental Research 

Operations. We are taking comments on 

this proposal and plan to follow with a 

final action. 

DATES: Comments must be received on 

or before March 24, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2020–0238 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 edited or removed 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 whose disclosure 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, or if 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 


tkelley on DSKBCP9HB2PROD with PROPOSALS