Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33541 

1–230, ‘‘Action on Applications,’’ 

amended April 7, 2020. 

* * * * * 

(555) The following amended 

regulations were submitted on August 

10, 2020 by the Governor’s designee. 

(i) Incorporation by reference. 

(A) Mendocino County Air Quality 

Management District. 

(1) Regulation 1, Rule 1–220, ‘‘New 

Source Review Standards (Including 

PSD Evaluations),’’ last amended on 

April 7, 2020. 

(2) Regulation 1, Rule 1–230, ‘‘Action 

on Applications,’’ last amended April 7, 

2020. 

(B) [Reserved] 

(ii) [Reserved] 

■ 3. Section 52.270 is amended by 

revising paragraph (b)(3) introductory 

text to read as follows: 

§ 52.270 Significant deterioration of air 

quality. 

* * * * * 

(b) * * * 

(3) The PSD program for Mendocino 

County Air Quality Management 

District, as incorporated by reference in 

§ 52.220(c)(489) and (c)(555) is 

approved under Part C, Subpart 1, of the 

Clean Air Act. However, EPA is 

retaining authority to apply § 52.21 in 

certain cases. The provisions of § 52.21 

except for paragraph (a)(1) are therefore 

incorporated and made a part of the 

State plan for California for the 

Mendocino County Air Quality 

Management District for: 

* * * * * 

[FR Doc. 2021–13452 Filed 6–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2021–0244; FRL–10025– 

00–Region 7] 

Air Plan Approval; Nebraska; 

Revisions to Title 129 of the Nebraska 

Administrative Code; Chapter 39 

Visible Emissions From DieselPowered Motor Vehicles 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the State 

Implementation Plan (SIP) for the State 

of Nebraska. This final action will 

amend the SIP to revise title 129 of the 

Nebraska Administrative Code by 

removing a portion of the SIP that 

addresses visible emissions from dieselpowered motor vehicles. Visible 

emissions from diesel-powered motor 

vehicles are addressed in the state 

statute. The revisions remove 

duplicative language that is redundant 

to the state statute. The revisions do not 

substantively change any existing 

statutory or regulatory requirement or 

impact the stringency of the SIP or air 

quality nor do they impact the State’s 

ability to attain or maintain the National 

Ambient Air Quality Standards. 

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–2021–0244. 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: 

Allie Donohue, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7986; 

email address: donohue.allie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to 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? 

The EPA is amending Nebraska’s SIP 

to include revisions to title 129 of the 

Nebraska Administrative Code. The EPA 

is approving revisions to the Nebraska 

SIP received on July 16, 2020. 

Specifically, the EPA is amending the 

Nebraska SIP by removing a portion of 

the SIP as follows: Title 129. Chapter 39. 

Visible Emissions from Diesel-powered 

Motor Vehicles. EPA is approving these 

revisions as they do not substantively 

change any existing statutory or 

regulatory requirement. These revisions 

do not impact the stringency of the SIP 

or air quality. The EPA solicited 

comments on the proposed revision to 

Nebraska’s SIP, and received no 

comments. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice of the SIP revision from 

September 28, 2019, to November 6, 

2019, and held a public hearing on 

November 7, 2019. In a letter to the state 

dated November 7, 2019, the EPA stated 

that the agency ‘‘has no comment on the 

proposed repeal of this regulation.’’ EPA 

further recommended that NDEE 

include a justification that the rule is 

redundant to state statute. The SIP 

revision meets the substantive 

requirements of the CAA, including 

section 110 and implementing 

regulations. 

III. What action is the EPA taking? 

The EPA is taking final action to 

amend the Nebraska SIP by approving 

the State’s request to remove Title 129 

section 39. Visible Emissions from 

Diesel-powered Vehicles. The removal 

of this portion of the SIP will ensure 

consistency between state and federallyapproved rules. The EPA has 

determined that these changes will not 

adversely impact air quality because the 

regulation duplicates the State’s statute, 

which applies in the same jurisdiction. 

IV. Incorporation by Reference 

In this document, the EPA is 

amending regulatory text that includes 

incorporation by reference. As described 

in the amendments to 40 CFR part 52 set 

forth below, the EPA is removing 

provisions of the EPA-Approved 

Nebraska Regulations from the Nebraska 

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 

CAA 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 


lotter on DSK11XQN23PROD with RULES1
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