33542 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

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 the 

National Technology Transfer and 

Advancement Act (NTTA) because this 

rulemaking does not involve technical 

standards; 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, 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. 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 August 24, 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, 

Particulate matter. 

Dated: June 14, 2021. 

Edward H. Chu, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as set forth below: 

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 CC—Nebraska 

§ 52.1420 [Amended] 

■ 2. In § 52.1420, the table in paragraph 

(c) is amended by removing the entry 

‘‘129–39’’ under ‘‘Title 129-Nebraska 

Air Quality Regulations’’. 

[FR Doc. 2021–13450 Filed 6–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR—2021–0014; FRL–10024– 

56–Region 9] 

Air Plan Approval; California; San 

Joaquin Valley Unified 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 Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD or ‘‘the District’’) 

portion of the California State 

Implementation Plan (SIP). This 

revision concerns emissions of oxides of 

nitrogen (NOX) and particulate matter 

(PM) from indirect sources associated 

with new development projects as well 

as NOX and PM emissions from certain 

transportation and transit development 

projects. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule will be effective on July 

26, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0014. 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: La 

Kenya Evans, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3245 or by 

email at evans.lakenya@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 February 25, 2021 (86 FR 11482), 

the EPA proposed to approve the 

following rule into the California SIP. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33543 

1 86 FR 11482, 11484 (February 25, 2021). 

2 Id. 

3 Id. 

Local Agency Rule No. Rule title Amended Submitted 

SJVUAPCD ....... 9510 Indirect Source Review (ISR) ....................... 12/21/17 (effective March 21, 2018) ............ 05/23/18 

We proposed to approve this 

amended rule based on our finding that 

it is consistent with the relevant 

requirements, policy, and guidance 

regarding SIP relaxations because the 

rule revisions only clarify and extend 

the applicability of the rule to certain 

additional development projects. This 

revision strengthens the current SIPapproved rule. Once approved into the 

SIP, Rule 9510 will become federally 

enforceable under the CAA by its terms 

only for certain development projects 

within the geographic jurisdiction 

covered by the SJVUAPCD. However, as 

explained in our February 25, 2021 

proposed rule, we continue to conclude 

that the rule is not fully consistent with 

the relevant requirements, policy, and 

guidance on enforceability such that the 

State may rely on the rule for specific 

emissions credit in an attainment plan. 

While Rule 9510 does not meet all the 

evaluation criteria for full enforceability 

such that emissions credit can be taken, 

we proposed to fully approve the 

submitted rule because it would 

strengthen the SIP compared to the 

current SIP-approved rule. 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 four comments 

on the proposal. One comment 

expresses general support for the 

proposed action. The three other 

comments are essentially the same 

comment, with minor variations in 

wording, for which we provide a 

summary and response below. 

Comment: Three comments stated 

that the rules ‘‘should be strengthened 

to a tolerable criteria for further 

enforceability’’ before being approved. 

Response: As this version of Rule 

9510 would be enforceable on its terms 

once approved into the SIP, we are 

assuming that the comments are 

referring to amended Rule 9510 being 

‘‘fully enforceable,’’ such that the State 

may rely on it for emissions credit. 

Regarding whether amended Rule 9510 

is ‘‘fully enforceable,’’ we disagree that 

the State needs to resolve enforceability 

issues identified in our proposal before 

we can approve it into the SIP. As 

described in our proposal, we 

previously approved an earlier version 

of this rule on May 9, 2011 (76 FR 

26609) where ‘‘we identified a number 

of concerns about the enforceability of 

the rule’s provisions, e.g., provisions 

that allow project developers to pay a 

fee instead of implementing on-site 

pollution mitigation plans, and noted 

that the State would need to resolve 

these enforceability issues before relying 

on this rule for credit in an attainment 

plan.’’ 1 We noted that ‘‘[t]he District has 

not addressed these concerns in the 

submitted rule, and we therefore 

continue to conclude that the rule does 

not qualify for emission reduction credit 

for the purpose of any attainment or 

progress demonstration in any area.’’ 2

In the amended version of Rule 9510 

that we are approving herein, ‘‘the 

District revised the rule applicability to 

include large development projects that 

are not currently subject to the rule and 

made editorial and clarifying changes. 

The revisions are generally clear and 

strengthen the rule.’’ 3 While this 

revision of Rule 9510 would continue to 

not meet all the evaluation criteria for 

full enforceability such that the rule 

would qualify for emission reduction 

credit, it would strengthen the SIP 

compared to the current SIP-approved 

rule and therefore warrants approval 

into the SIP. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule into the California 

SIP. The December 21, 2017 version of 

Rule 9510 will replace the previouslyapproved version of this rule in the SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

SJVUAPCD rule described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available through 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 CAA. 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). 


lotter on DSK11XQN23PROD with RULES1
33544 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

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, this 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 24, 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: June 10, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the EPA 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)(348)(i)(A)(4) and 

(c)(518)(i)(E) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(348) * * * 

(i) * * * 

(A) * * * 

(4) Previously approved on May 9, 

2011 in paragraph (c)(348)(i)(A)(3) of 

this section and now deleted with 

replacement in (c)(518)(i)(E)(1), Rule 

9510, ‘‘Indirect Source Review (ISR),’’ 

adopted on December 15, 2005. 

* * * * * 

(518) * * * 

(i) * * * 

(E) San Joaquin Valley Unified Air 

Pollution Control District. 

(1) Rule 9510, ‘‘Indirect Source 

Review (ISR),’’ amended on December 

21, 2017, but not in effect until March 

21, 2018. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2021–13448 Filed 6–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2021–0266; FRL–10024– 

99–Region 7] 

Air Plan Approval; Iowa; State 

Implementation Plan and State Plans 

for Designated Facilities and 

Pollutants 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Iowa State 

Implementation Plan (SIP) and is also 

approving revisions to the Iowa 

Operating Permit Program. The 

revisions include updating definitions, 

regulatory references, requiring facilities 

to submit electronic emissions 

inventory information under the state’s 

Title V permitting program, and 

updating references for the most recent 

federally approved minimum 

specifications and quality assurance 

procedures for performance evaluations 

of continuous monitoring systems. EPA 

is also approving previous revisions to 

the Operating Permit Program that allow 

for electronic document submission that 

meet EPA’s requirements. These 

revisions will not impact air quality and 

will ensure consistency between the 

state and Federally approved rules. 

DATES: This final rule is effective on July 

26, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2021–0266. 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 through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Krabbe, Environmental 

Protection Agency, Region 7 Office, Air 

Quality and Planning Branch, 11201 

Renner Boulevard, Lenexa, Kansas 

66219; telephone number: (913) 551– 

7991 or by email at krabbe.stephen@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is the EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

EPA is approving a submission from 

the State of Iowa to revise its SIP and 

the Operating Permits Program. On 

August 12, 2020, the Iowa Department 

of Natural Resources (IDNR) submitted 

a request to revise the SIP to incorporate 

recent changes to Iowa Administrative 

Code, including provisions relating to 

electronic submittal of information to 

IDNR that were revised in previous state 

rulemakings. The following chapters are 

impacted: 

• Chapter 20, ‘‘Scope of Title— 

Definitions;’’ 


lotter on DSK11XQN23PROD with RULES1