12260 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations 

violation of, the CSA or its 

implementing regulations, is unlawful, 

and may subject the person to 

administrative, civil, and/or criminal 

sanctions. 

Regulatory Analyses 

Administrative Procedure Act 

This final rule, without change, 

affirms the amendment made by the 

interim final rule that is already in 

effect. Section 553 of the Administrative 

Procedure Act (APA) (5 U.S.C. 553) 

generally requires notice and comment 

for rulemakings. However, 21 U.S.C. 

811(j) provides that in cases where a 

certain new drug is: (1) Approved by 

HHS and (2) HHS recommends control 

in CSA schedule II–V, DEA shall issue 

an interim final rule scheduling the 

drug within 90 days. Additionally, 

subsection (j) specifies that the 

rulemaking shall become immediately 

effective as an interim final rule without 

requiring DEA to demonstrate good 

cause. DEA issued an interim final rule 

on April 7, 2020, and solicited public 

comments on that rule. Subsection (j) 

further states that after giving interested 

persons the opportunity to comment 

and to request a hearing, the Attorney 

General, as delegated to the 

Administrator of DEA, shall issue a final 

rule in accordance with the scheduling 

criteria of 21 U.S.C. 811 (b) through (d) 

and 812(b). DEA is now responding to 

the comments submitted by the public 

and issuing the final rule in accordance 

with subsection (j). 

Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 

In accordance with 21 U.S.C. 811(a) 

and (j), this scheduling action is subject 

to formal rulemaking procedures 

performed ‘‘on the record after 

opportunity for a hearing,’’ which are 

conducted pursuant to the provisions of 

5 U.S.C. 556 and 557. The CSA sets 

forth the procedures and criteria for 

scheduling a drug or other substance. 

Such actions are exempt from review by 

the Office of Management and Budget 

(OMB) pursuant to section 3(d)(1) of 

Executive Order (E.O.) 12866 and the 

principles reaffirmed in E.O. 13563. 

Executive Order 12988, Civil Justice 

Reform 

This regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of E.O. 12988 to eliminate 

drafting errors and ambiguity, minimize 

litigation, provide a clear legal standard 

for affected conduct, and promote 

simplification and burden reduction. 

Executive Order 13132, Federalism 

This final rule does not have 

federalism implications warranting the 

application of E.O. 13132. The final rule 

does not have substantial direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments 

This final rule does not have tribal 

implications warranting the application 

of E.O. 13175. It does not have 

substantial direct effects on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) applies to rules that 

are subject to notice and comment 

under section 553(b) of the APA. As 

noted in the above discussion regarding 

the applicability of the APA, DEA was 

not required to publish a general notice 

of proposed rulemaking. Consequently, 

the RFA does not apply. 

Unfunded Mandates Reform Act of 1995 

In accordance with the Unfunded 

Mandates Reform Act (UMRA) of 1995, 

2 U.S.C. 1501 et seq., DEA has 

determined and certifies that this action 

would not result in any Federal 

mandate that may result ‘‘in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

1 year.’’ Therefore, neither a Small 

Government Agency Plan nor any other 

action is required under UMRA of 1995. 

Paperwork Reduction Act of 1995 

This action does not impose a new 

collection of information requirement 

under the Paperwork Reduction Act of 

1995. 44 U.S.C. 3501–3521. This action 

does not impose recordkeeping or 

reporting requirements on State or local 

governments, individuals, businesses, or 

organizations. An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a 

currently valid OMB control number. 

Congressional Review Act 

This final rule is not a major rule as 

defined by the Congressional Review 

Act (CRA), 5 U.S.C. 804. This rule will 

not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices for 

consumers, individual industries, 

Federal, State, or local government 

agencies, or geographic regions; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of the U.S.-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

However, pursuant to the CRA, DEA has 

submitted a copy of this final rule to 

both Houses of Congress and to the 

Comptroller General. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ Accordingly, the interim final rule (85 

FR 19387) amending 21 CFR part 1308, 

which published on April 7, 2020, is 

adopted as a final rule without change. 

D. Christopher Evans, 

Acting Administrator. 

[FR Doc. 2021–04183 Filed 3–2–21; 8:45 am] 

BILLING CODE 4410–09–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R01–OAR–2020–0374; FRL–10018– 

74–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plan; 

Mashantucket Pequot Tribal Nation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) approves the 

Mashantucket Pequot Tribal Nation’s 

(MPTN or the Tribe) Tribal 

Implementation Plan (TIP) under the 

Clean Air Act (CAA) to regulate air 

pollution within the exterior boundaries 

of the Tribe’s reservation. The TIP is one 

of two CAA regulatory programs that 

comprise the Tribe’s Clean Air Program 

(CAP). EPA approved the Tribe for 

treatment in the same manner as a State 

(Treatment as State or TAS) for 

purposes of administering New Source 

Review (NSR) and Title V operating 

permits under the CAA on July 10, 

2008. In this action we act only on those 

portions of MPTN’s CAP that constitute 

a TIP containing severable elements of 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations 12261 

an implementation plan under CAA 

section 110(a). The TIP includes 

permitting requirements for major and 

minor sources of air pollution. The 

purpose of the TIP is to enable the Tribe 

to attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS) within the exterior boundaries 

of its reservation by establishing a 

federally enforceable preconstruction 

permitting program. 

DATES: This rule is effective on April 2, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2020–0374. 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, i.e., 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Bird, Air Permits, Toxics and 

Indoor Programs Branch, U.S. 

Environmental Protection Agency, 

Region 1, 5 Post Office Square, Mail 

Code: 05–2, Boston, MA 02109–0287. 

Telephone: 617–918–1287. Fax: 617– 

918–0287. Email: Bird.Patrick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 9, 2020 (85 FR 55628), 

EPA published a Notice of Proposed 

Rulemaking (NPRM) for a TIP submitted 

by the MPTN for approval under section 

110 of the CAA. The TIP addresses 

attainment and maintenance of the 

National Ambient Air Quality Standards 

(NAAQS) by establishing a federally 

enforceable preconstruction permitting 

program within the exterior boundaries 

of the Tribe’s reservation. It also allows 

for sources that otherwise would have 

the potential to emit hazardous air 

pollutants or regulated NSR pollutants 

in amounts at or above those for major 

sources to request federally enforceable 

permit limitations that restrict 

emissions to below those of a major 

source. 

The MPTN is an Indian Tribe 

federally recognized in 1983 by 

Congressional legislation (Pub. L. 98– 

134, sec. 9, Oct. 1St, 1983 97 Stat 855, 

Title 25 U.S.C.A. 1751–1760). The 

Secretary of the Interior recognizes the 

‘‘Mashantucket Pequot Tribe of 

Connecticut’’ (73 FR 18553, 18554, 

April 4, 2008). MPTN’s CAP was 

established by Tribal Council 

Resolution in 2005 (TCR102600–01 of 

02). On July 10, 2008, EPA determined 

that the Tribe is eligible for TAS for 

these purposes. 

The MPTN formally submitted the 

applicable elements of its TIP to EPA 

Region 1 on December 7, 2018. Having 

found that the MPTN is eligible for TAS 

to implement these regulatory programs, 

EPA is now approving the Tribe’s TIP. 

We intend to act on the Tribe’s title V 

operating permit program in separate 

notice and comment processes, as 

appropriate. 

The rationale for EPA’s proposed 

approval of the MTPN TIP is explained 

in the NPRM and will not be restated 

here. No adverse public comments were 

received on the NPRM. 

II. Response to Comments 

EPA received three comments during 

the comment period, all of which 

supported EPA’s proposed action. As 

such, these comments do not require 

further response to finalize the action as 

proposed. 

III. Final Action 

EPA is approving the MPTN’s TIP 

under the Clean Air Act to regulate air 

pollution within the exterior boundaries 

of the Tribe’s reservation. In this action 

we act only on those portions of 

MPTN’s CAP that constitute a TIP 

containing severable elements of an 

implementation plan under CAA 

section 110(a). The TIP includes 

permitting requirements for major and 

minor sources of air pollution. 

Specifically, we are approving the 

following sections of the MPTN’s air 

quality regulations. Title 12, Subtitle 

12.1, § 2—Applicability (with effective 

date); Title 12, Subtitle 12.1, § 4— 

Definitions; and Title 12, Subtitle 12.2— 

New Source Review—MPTN TIP. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the MPTN rules 

discussed in section I. and III. of this 

preamble. EPA has made, and will 

continue to make, these documents 

generally available through https://

www.regulations.gov and at the EPA 

Region 1 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 

TIP 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 TIP 

submissions, EPA’s role is to approve 

tribal choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this final action merely 

approves tribal law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by tribal 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); 


jbell on DSKJLSW7X2PROD with RULES
12262 Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations 

• 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 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 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. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties, 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

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 May 3, 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 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Indians, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

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

Dated: February 10, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

Part 49 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 49—INDIAN COUNTRY: AIR 

QUALITY PLANNING AND 

MANAGEMENT 

■ 1. The authority citation for part 49 

continues to read as follows: 

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

Subpart D—Implementation Plans for 

Tribes—Region 1 

■ 2. Subpart D of Part 49 is amended by 

adding an undesignated center heading 

and § 49.202, after § 49.201, to read as 

follows: 

Implementation Plan for the 

Mashantucket Pequot Tribal Nation. 

§ 49.202 Identification of Plan 

(a) Purpose and scope. This section 

contains the implementation plan for 

the Mashantucket Pequot Tribal Nation. 

This plan consists of permitting 

requirements for major and minor 

sources of air pollution submitted by the 

Tribe on December 7, 2018, applicable 

to lands within the exterior boundaries 

of the Mashantucket Pequot Tribal 

Nation’s reservation. 

(b) Incorporation by reference. (1) 

Material listed in paragraph (c) of this 

section was approved for incorporation 

by reference by the Director of the 

Federal Register in accordance with 5 

U.S.C. 552(a) and 1 CFR part 51. 

Material is incorporated as it exists on 

the date of the approval, and notice of 

any change in the material will be 

published in the Federal Register. 

Entries in paragraph (c) of this section 

with EPA approval dates after January 6, 

2021, will be incorporated by reference 

in the next update to the TIP 

compilation. 

(2) EPA Region 1 certifies that the 

rules/regulations provided by EPA in 

the TIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated tribal rules/regulations 

which have been approved as part of the 

Tribal Implementation Plan as of 

January 6, 2021. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the EPA Region 1 Office, 5 

Post Office Square, Suite 100, Boston, 

MA 02109–3912 and at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

email fedreg.legal@nara.gov, or go to: 

https://www.archives.gov/federalregister/cfr/ibr-locations.html. 

(c) EPA-approved regulations. 

TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED MASHANTUCKET PEQUOT TRIBAL NATION REGULATIONS

Tribal citation Title/subject 

Tribal 

effective 

date 

EPA approval 

date Explanations 

Resolution Number 

TCR101118–04 

of 06 of the 

Mashantucket 

Pequot Tribe.

RESOLUTION NUMBER TCR101118–04 of 06 OF 

THE MASHANTUCKET PEQUOT TRIBAL 

COUNCIL, THE GOVERNING BODY OF THE 

MASHANTUCKET PEQUOT TRIBE, Approves 

the MPTN Air Quality Program, Submission of 

the Tribal Implementation Plan and Requests 

Delegation of the Title V Program.

10/11/2018 3/3/2021 [Insert 

Federal Register citation].

MPTN Land Use 

Regulations, 

Title 12 Air 

Quality Regulations.

MPTN Land Use Regulations, Title 12 Air Quality 

Regulations.

10/11/2018 3/3/2021[Insert 

Federal Register citation].

MPTN only submitted, and EPA 

only approved, applicable TIP 

References: Subtitle 12.1, § 2 

‘‘Applicability’’ and § 4 ‘‘Definitions’’; and Subtitle 12.2 ‘‘New 

Source Review—MPTN TIP.’’ 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations 12263 

1 78 FR 3086 and 40 CFR 50.18. Unless otherwise 

noted, all references to the PM2.5 NAAQS in this 

notice are to the 2012 annual NAAQS of 12.0 mg/ 

m3 codified at 40 CFR 50.18. 

2 78 FR 3086, 3088 (January 15, 2013). 

3EPA, Air Quality Criteria for Particulate Matter, 

No. EPA/600/P–99/002aF and EPA/600/P–99/ 

002bF, October 2004. 

4 80 FR 2206 (January 15, 2015). 

5From 2000 through early 2013, the Portola PM2.5

monitoring site was located at 161 Nevada Street. 

In 2013, the site was relocated to 420 Gulling Street. 

6 84 FR 11208. 

[FR Doc. 2021–03124 Filed 3–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R09–OAR–2020–0534; FRL–10020– 

36–Region 9] 

Approval and Promulgation of Air 

Quality State Implementation Plans; 

California; Plumas County; Moderate 

Area Plan for the 2012 PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a state implementation plan 

(SIP) revision submitted by the State of 

California to address Clean Air Act 

(CAA or ‘‘Act’’) requirements for the 

2012 annual fine particulate matter 

(PM2.5) national ambient air quality 

standard (NAAQS or ‘‘standard’’) in the 

Plumas County Moderate PM2.5

nonattainment area (‘‘Portola 

nonattainment area’’). The submitted 

SIP revision is the State’s ‘‘Proposed 

Portola PM2.5 Plan Contingency Measure 

SIP Submittal’’ (‘‘PM2.5 Plan Revision’’), 

which includes a revised City of Portola 

ordinance regulating PM2.5 emission 

sources and the State’s demonstration 

that this submission meets the Moderate 

area contingency measure requirement 

for the 2012 annual PM2.5 NAAQS in the 

Portola nonattainment area. The EPA is 

also taking final action to approve the 

contingency measure element of the 

Moderate area attainment plan for the 

Portola nonattainment area, as revised 

and supplemented by the PM2.5 Plan 

Revision. 

DATES: This rule is effective on April 2, 

2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0534. 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: John 

Ungvarsky, Air Planning Office (AIR–2), 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105, (415) 972– 

3963 or ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On January 15, 2013, the EPA 

strengthened the primary annual 

NAAQS for particulate matter with a 

diameter of 2.5 microns or less by 

lowering the level from 15.0 micrograms 

per cubic meter (mg/m3) to 12.0 mg/m3

(‘‘2012 PM2.5 NAAQS’’).1 The EPA 

established this standard after 

considering substantial evidence from 

numerous health studies demonstrating 

that serious health effects are associated 

with exposures to PM2.5 concentrations 

above these levels. 

Epidemiological studies have shown 

statistically significant correlations 

between elevated levels of PM2.5

(particulate matter with a diameter of 

2.5 microns or less) and premature 

mortality. Other important health effects 

associated with PM2.5 exposure include 

aggravation of respiratory and 

cardiovascular disease, changes in lung 

function, and increased respiratory 

symptoms. Individuals particularly 

sensitive to PM2.5 exposure include 

older adults, people with heart and lung 

disease, and children.2 PM2.5 can be 

emitted directly into the atmosphere as 

a solid or liquid particle (‘‘primary 

PM2.5’’ or ‘‘direct PM2.5’’) or can be 

formed in the atmosphere as a result of 

various chemical reactions among 

precursor pollutants such as nitrogen 

oxides, sulfur oxides, volatile organic 

compounds, and ammonia (‘‘secondary 

PM2.5’’).3

Following promulgation of a new or 

revised NAAQS, the EPA is required by 

CAA section 107(d) to designate areas 

throughout the nation as attaining or not 

attaining the NAAQS. The EPA 

designated and classified the Portola 

nonattainment area as ‘‘Moderate’’ 

nonattainment for the 2012 annual 

PM2.5 standards based on ambient 

monitoring data that showed the area 

was above 12.0 mg/m3 for the 2011–2013 

monitoring period.4 For the 2011–2013 

period, the annual PM2.5 design value 

for the Portola nonattainment area was 

12.8 mg/m3 based on monitored readings 

at the 161 Nevada Street and 420 

Gulling Street monitors.5

The Portola nonattainment area 

includes the City of Portola (‘‘Portola’’), 

which has a population of 

approximately 2,100 and is located at an 

elevation of 4,890 feet in an 

intermountain basin isolated by rugged 

mountains. For a precise description of 

the geographic boundaries of the Portola 

nonattainment area, see 40 CFR 81.305. 

The local air district with primary 

responsibility for developing a plan to 

attain the 2012 annual PM2.5 NAAQS in 

this area is the Northern Sierra Air 

Quality Management District (NSAQMD 

or ‘‘District’’). The District worked with 

the California Air Resources Board 

(CARB) in preparing the PM2.5 Plan 

Revision. Under state law, authority for 

regulating sources under state 

jurisdiction in the Portola 

nonattainment area is split between the 

District, which has responsibility for 

regulating stationary and most area 

sources, and CARB, which has 

responsibility for regulating most 

mobile sources. 

On February 28, 2017, California 

submitted the ‘‘Portola Fine Particulate 

Matter (PM2.5) Attainment Plan’’ 

(‘‘Portola PM2.5 Plan’’) to address the 

CAA’s Moderate area requirements for 

the 2012 annual PM2.5 NAAQS in the 

Portola nonattainment area. On March 

25, 2019, the EPA fully approved the 

Portola PM2.5 Plan, except for the 

contingency measure element.6 As part 

of the attainment control strategy, the 

Portola PM2.5 Plan relies on ‘‘Ordinance 

No. 344: An Ordinance of the City of 

Portola, County of Plumas Amending 

Chapter 15.10 of the City of Portola 

Municipal Code Providing for 

Regulation of Wood Stoves and 

Fireplaces’’ (‘‘City Ordinance No. 344’’) 

to achieve direct PM2.5 emission 

reductions necessary for attainment by 


jbell on DSKJLSW7X2PROD with RULES