Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 10025 

[FR Doc. 2021–03034 Filed 2–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0364; FRL–10018– 

18–Region 9] 

Air Plan Approval; California; San 

Diego Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the San Diego Air 

Pollution Control District (SDAPCD or 

‘‘District’’) portion of the California 

State Implementation Plan (SIP). This 

revision concerns the regulation of 

emissions of volatile organic 

compounds (VOCs) from large coating 

operations for wood products. We are 

approving the rescission of a local rule 

from the California SIP that is no longer 

needed to regulate these emission 

sources under the Clean Air Act (CAA 

or the ‘‘Act’’). 

DATES: This rule will be effective on 

March 22, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0364. 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 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: 

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. 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 October 5, 2020 (85 FR 62687), the 

EPA proposed to approve the rescission 

of the following rule from the California 

SIP. 

Local agency Rule No. Rule title Adopted 

Request for 

rescission 

submitted 

SDAPCD ................................. 67.11.1 Large Coating Operations for Wood Products ....................... 09/25/2002 03/04/2015 

We proposed to approve the 

rescission of this rule because we 

determined that the SIP revision, i.e., 

rule rescission, complies with the 

relevant CAA requirements, including 

CAA sections 110(l) and 193. Our 

proposed action contains more 

information on the rule 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 the rescission of this rule 

from the California SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is amending 

regulatory text that includes 

incorporation by reference. The EPA is 

removing SDAPCD Rule 67.11.1 as 

described in Table 1 of this preamble 

from the California State 

Implementation Plan, which is 

incorporated by reference in accordance 

with the requirements of 1 CFR part 51. 

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 

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); 

• 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 CAA; 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 


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10026 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 19, 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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: February 5, 2021. 

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 paragraph (c)(307)(i)(C)(3) to 

read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(307) * * * 

(i) * * * 

(C) * * * 

(3) Previously approved on June 5, 

2003 at (c)(307)(i)(C)(2) of this section 

and now deleted without replacement, 

Rule 67.11.1, adopted on September 25, 

2002. 

* * * * * 

[FR Doc. 2021–02901 Filed 2–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2020–0174, FRL–10018– 

23–Region 10] 

Air Plan Approval; Washington: 

Inspection and Maintenance Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Washington State Implementation 

Plan (SIP) submitted by the State of 

Washington on June 2, 2019, through 

the Washington Department of Ecology. 

The revision, applicable in Clark, King, 

Pierce, Snohomish, and Spokane 

Counties, Washington, removes the 

Inspection and Maintenance (I/M) 

program from the active control measure 

portion of the SIP. The I/M program was 

previously approved into the SIP for use 

as a component of the State’s plans to 

address on-road sources in certain 

former nonattainment areas and is now 

part of the contingency portion of the 

applicable SIP for each area. The EPA 

has determined that Washington’s June 

2, 2019 SIP revision is consistent with 

the applicable portions of the Clean Air 

Act (CAA). 

DATES: This final rule is effective March 

22, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2020–0174. 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., CBI or other information 

the disclosure of which is restricted by 

statute. Certain other material, such as 

copyrighted material, is not placed on 

the internet and is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at https://www.regulations.gov, or 

please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section for additional availability 

information. 

FOR FURTHER INFORMATION CONTACT: Karl 

Pepple, EPA Region 10, 1200 Sixth 

Avenue—Suite 155, Seattle, WA 98101, 

at (206) 553–1778, or pepple.karl@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

I. Background Information 

On October 30, 2020, the EPA 

proposed to approve Washington’s June 

2, 2019 SIP revision moving the I/M 

program located at Washington 

Administrative Code (WAC) 173–422 

from the actively implemented portion 

of the Washington SIP to the 

contingency measure portion of the SIP 

(85 FR 68822). The reasons for our 

proposed approval are included in the 

proposal and will not be restated here. 

The public comment period for our 

proposal closed on November 30, 2020. 

We received no public comments and 

are finalizing our action as proposed. 

II. Final Action 

The EPA is moving the I/M program 

located at WAC 173–422 from the 

actively implemented portion of the 

Washington SIP incorporated by 

reference at 40 CFR 52.2470(c) to the 

contingency measure and attainment 

planning portion of the SIP at 40 CFR 

52.2470(e). 

III. Incorporation by Reference 

In this document, the EPA is 

removing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is removing the current 

incorporation by reference of WAC 

Chapter 173–422 in 40 CFR 52.2470(c) 

as identified in Section II of this 

preamble. The 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). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 


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