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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11132 Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 

1 42 U.S.C. 7661a. 

2 40 CFR part 70. 

3 42 U.S.C. 7661a(g); 40 CFR 70.4(e), (f), (i). 

4 83 FR 53532 (Oct. 30, 2018). 

5 Id. at 54535. 

6 84 FR 3108, 3109 (Feb. 11, 2019). 

7 Id. 

8 84 FR 8260; see also 40 CFR part 70, appendix 

A. 

9 83 FR 54536. 

10 Id. 

11Margaret I. Olson, Assistant Attorney General, 

Addendum to August 16, 2018 Attorney General’s 

Opinion Operating Permits Program, December 12, 

2018. 

12North Dakota Administrative Code, 

Supplement 371, January 2019, https://

www.legis.nd.gov/agency-rules/administrativerules-supplement (last visited November 30, 2020). 

approval requirements. This is a direct 

final action because the action is 

deemed noncontroversial and we do not 

expect adverse comments. 

DATES: This direct final rule is effective 

on April 26, 2021 without further 

notice, unless the EPA receives adverse 

written comments on or before March 

26, 2021. If adverse comments are 

received, the EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2020–0722. All 

documents in the docket are listed in 

the www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Lohrke, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–6396, 

lohrke.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Why is EPA using a direct final rule? 

The EPA is publishing this rule 

without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipates no adverse 

comments. However, in the Proposed 

Rules section of today’s Federal 

Register publication, the EPA is 

publishing a separate document that 

will serve as the proposal to fully 

approve North Dakota’s title V program 

revisions if relevant adverse comments 

are filed. 

If the EPA receives adverse 

comments, the EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

direct final rule will not take effect. The 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

II. Background 

Title V of the CAA as amended (42 

U.S.C. 7401 et seq.) directs states to 

develop, and submit to the EPA, 

programs for issuing operating permits 

to all major stationary sources and to 

certain other sources.1 As required 

under title V, the EPA has promulgated 

regulations establishing the minimum 

elements of an approvable state title V 

program and defined the corresponding 

procedures by which the EPA will 

approve, oversee and, when necessary, 

withdraw approval of a state title V 

program.2 After review of the state’s 

initial program submittal, the EPA may 

alternatively grant interim approval of a 

program which substantially meets the 

requirements of title V and part 70 but 

which is not fully approvable. In the 

case of such an interim approval, the 

EPA will specify the changes that must 

be made before the program can receive 

full approval and the state shall 

resubmit the modified program before 

expiration of the interim approval.3

North Dakota first received interim 

approval of its title V program effective 

August 7, 1995 (60 FR 35335). North 

Dakota’s program later received final, 

full approval effective on August 16, 

1999 (64 FR 32433). On August 6, 2018, 

the State of North Dakota submitted to 

the EPA a formal request for approval of 

title V program recodifications and 

revisions made to facilitate the transfer 

of permitting authority from the North 

Dakota Department of Health (NDDH) to 

a newly established North Dakota 

Department of Environmental Quality 

(NDDEQ).4 During North Dakota’s 

review of the NDAC for recodification 

and submittal to the EPA for approval, 

North Dakota found limitations in state 

law provisions for judicial review in 

state courts. Accordingly, the Attorney 

General’s Opinion that accompanied 

North Dakota’s submission explained 

those limitations and committed to 

submit an addendum to the Opinion 

when the State adopted rules consistent 

with the full judicial review 

requirements in 40 CFR 70.4(b)(3)(x)– 

(xii).5 After review, the EPA found that 

the recodified and revised program 

substantially met the minimum 

requirements of the CAA and part 70, 

but that the EPA could not fully approve 

the program transfer until the State 

revised its rules to provide the full legal 

authority necessary for judicial review.6

Accordingly, the EPA promulgated an 

interim approval of North Dakota’s title 

V program transfer effective March 15, 

2019. EPA stated that interim approval 

would expire on March 19, 2020, and 

required the State to submit changes to 

the program addressing the judicial 

review deficiencies no later than six 

months prior to the expiration of the 

interim approval.7 A subsequent action 

delayed the interim approval’s effective 

date to April 30, 2019, which then 

delayed the expiration date to May 1, 

2020.8 Accordingly, North Dakota’s 

program revisions addressing the 

judicial review deficiencies were due no 

later than November 1, 2019. 

III. State Submittal 

In our action granting interim 

approval of North Dakota’s title V 

program transfer, the EPA concluded 

that North Dakota’s title V program 

transfer was not fully approvable due to 

a lack of full authority required for 

judicial review.9 The EPA explained 

that interim approval would allow 

North Dakota to make minor revisions to 

NDAC section 33.1–15–14–06.8 and 

update the State Attorney General’s 

Opinion to reflect revised legal 

authorities.10 The EPA received an 

Addendum, dated December 12, 2018, 

to the August 16, 2018 State Attorney 

General’s Opinion Operating Permits 

Program (August 16, 2018 Opinion), 

which states that the regulations 

regarding petitions for judicial review 

identified in the August 16, 2018 

Opinion ‘‘have been lawfully adopted 

and shall be fully effective by the time 

the program is approved.’’ 11 The State 

of North Dakota also submitted clean 

and redlined copies of the revised 

NDAC section 33.1–15–14–06.8 with the 

December 12, 2018 Addendum to the 

Opinion, which are available in the 

docket for this action. The revisions to 

NDAC section 33.1–15–14–06.8 became 

effective on January 1, 2019.12

IV. Final Action 

The December 12, 2018 Addendum to 

North Dakota’s Attorney General’s 

Opinion, together with the August 16, 


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Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations 11133 

2018 Opinion, affirm that the State 

revised the title V program provisions 

for judicial review as codified in NDAC 

section 33.1–15–14–6.8, effective as 

amended January 1, 2019. Therefore, 

North Dakota timely submitted revisions 

to address the deficiencies identified in 

our interim approval action within six 

months prior to the interim approval’s 

expiration. Accordingly, the EPA finds 

that the North Dakota title V program 

fulfills all criteria for full final approval 

of the transfer. The EPA is now acting 

to fully approve the North Dakota title 

V program under 40 CFR part 70 and 

CAA section 502. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a state title V 

program submittal that complies with 

the provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7661a(d); 

40 CFR 70.1(c), 70.4(i). Thus, in 

reviewing title V program submittals, 

the EPA’s role is to approve state 

choices, provided they meet the criteria 

of the CAA and the criteria, standards 

and procedures defined in 40 CFR part 

70. 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 2, 2017) regulatory 

action because Operating Permits 

Program 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 (Public Law 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 CAA; and 

• Does not provide 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, this action 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. 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 70 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Title V. 

Dated: February 11, 2021. 

Debra Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 70 is amended as follows: 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 1. The authority citation for part 70 

continues to read as follows: 

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

■ 2. In appendix A to part 70 the entry 

for ‘‘North Dakota’’ is amended by 

revising paragraph (d) to read as 

follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

North Dakota 

* * * * * 

(d) The State of North Dakota submitted on 

August 6, 2018, operating permit program 

revisions and a request to transfer authority 

to implement and enforce the operating 

permit program from the North Dakota 

Department of Health to the North Dakota 

Department of Environmental Quality. The 

recodified North Dakota title V operating 

permits program is codified in N.D. Admin. 

Code sections 33.1–15–14–06, 33.1–15–23– 

04, and 33.1–15–21. North Dakota also 

submitted on August 16, 2018 the, ‘‘Attorney 

General’s Opinion Operating Permits 

Program,’’ which was supplemented on 

December 12, 2018, with an ‘‘Addendum to 

August 16, 2018 Attorney General’s Opinion 

Operating Permits Program,’’ stating that the 

laws of the State provide adequate legal 

authority to carry out all aspects of the 

program. North Dakota also submitted 

revisions to state law effective January 1, 

2019; full approval effective on April 26, 

2021. 

* * * * * 

[FR Doc. 2021–03267 Filed 2–23–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0233; FRL–10005–77] 

Tetraniliprole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of tetraniliprole 

in or on multiple commodities that are 

identified and discussed later in this 

document. Bayer CropScience requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

February 24, 2021. Objections and 


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