Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 33539 

1 86 FR 10524. 

2 82 FR 30770. 

3The 2017 final rule stated incorrectly that the 

criteria in 40 CFR 51.166(r)(1) had not been met. 

Our proposal notice (81 FR 95074, December 27, 

2016) and Technical Support Document (TSD) 

correctly noted that only the criteria in 40 CFR 

41.166(r)(2) had not been met. See e.g., Section 4.2, 

number 15 on Page 18 of the TSD for the 2017 final 

action. 

the Eastern Kern 2017 Ozone 

Attainment Plan, release date: June 19, 

2020. 

(2) [Reserved] 

(B) [Reserved] 

* * * * * 

■ 3. Section 52.248 is amended by 

adding paragraph (m) to read as follows: 

§ 52.248 Identification of plan—conditional 

approval. 

* * * * * 

(m) The EPA is conditionally 

approving the California State 

Implementation Plan (SIP) for Eastern 

Kern for the 2008 ozone NAAQS with 

respect to the contingency measures 

requirements of CAA sections 172(c)(9) 

and 182(c)(9). The conditional approval 

is based on a commitment from the 

Eastern Kern Air Pollution Control 

District (District) in a letter dated 

September 1, 2020, to adopt a specific 

rule revision or revisions, and a 

commitment from the California Air 

Resources Board (CARB) dated 

September 18, 2020, to submit the 

amended District rule or rules to the 

EPA within 12 months of the final 

conditional approval. If the District or 

CARB fail to meet their commitments 

within one year of the final conditional 

approval, the conditional approval is 

treated as a disapproval. 

[FR Doc. 2021–13608 Filed 6–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0519; FRL–10024– 

19–Region 9] 

Air Quality Implementation Plan; 

California; Mendocino County Air 

Quality Management District; 

Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Mendocino 

County Air Quality Managment District 

(MCAQMD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). These revisions concern the 

District’s prevention of significant 

deterioration (PSD) permitting program 

for new and modified stationary sources 

of air pollution. We are approving these 

local rules pursuant to requirements 

under part C of title I of the Clean Air 

Act as amended in 1990 (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 No. 

EPA–R09–OAR–2020–0519. 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 

the disclosure of which 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: 

Amber Batchelder, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone: (415) 947–4174, or by 

email to batchelder.amber@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘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 22, 2021, the EPA 

proposed to approve the following rules 

into the MCAQMD portion of the 

California SIP.1

TABLE 1—SUBMITTED RULES

Rule No. Rule title Amended Submitted 

1–220 ................ New Source Review Standards (Including PSD Evaluations) ................................................. 4/7/2020 8/10/2020 

1–230 ................ Action on Applications .............................................................................................................. 4/7/2020 8/10/2020 

The EPA previously finalized a 

limited approval and limited 

disapproval of Rule 1–220 on July 3, 

2017.2 We listed the following two 

deficiencies in our final limited 

approval and limited disapproval of 

Rule 1–220: 

• Rule 1–220 does not contain any 

provisions specifying that required air 

quality modeling shall be based on the 

applicable models, databases, and other 

requirements specified in part 51 

Appendix W; therefore, the 

requirements of 40 CFR 51.160(f) and 

51.166(l) have not been met. 

• The requirements of 40 CFR 

51.166(r)(2) 3 have not been met because 

the rule does not include the necessary 

information about a source’s obligations. 

The District resolved the first 

deficiency by adding the required air 

quality modeling provisions to Rule 

1–220 and addressed the second 

deficiency by revising Rule 1–230 to 

include information about a source’s 

obligations under the CAA. We have 

determined that the amended sections 

of these rules satisfy the statutory and 

regulatory requirements for a PSD 

program as set forth in the applicable 

provisions of part C of title I of the Act 

and in 40 CFR 51.160–51.164 and 

51.166. 

Our proposed action contains more 

information on the rules 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 one comment, 

which is included in the docket for this 

action. We do not consider this 

comment to be germane or relevant to 


lotter on DSK11XQN23PROD with RULES1
33540 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 

this action, thus this comment is not 

adverse to this action. Moreover, the 

comment lacks the required specificity 

to the proposed SIP revisions and the 

relevant CAA requirements, and does 

not address the specific regulations or 

provisions in question, or recommend 

an action on the SIP submission 

different from what the EPA proposed. 

Therefore, we are finalizing our action 

as proposed. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules as 

described in our proposed action. We 

continue to find that MCAQMD Rules 

1–220 and 1–230 correct the previously 

identified deficiencies and fulfill all 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, the EPA is fully approving these 

rules into the MCAQMD portion of the 

California SIP. The April 7, 2020 

versions of Rules 1–220 and 1–230 will 

replace the previously approved 

versions of the rules 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 

MCAQMD rules described in Table 1 of 

this preamble. The EPA has made, and 

will continue to make, these materials 

available through https:// 

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 

Additional information about these 

statutes and Executive orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

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). 

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 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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

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

Dated: June 10, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended 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)(489)(i)(A)(5) 

through (6) and (c)(555) to read as 

follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(489) * * * 

(i) * * * 

(A) * * * 

(5) Previously approved on July 3, 

2017, in paragraph (c)(489)(i)(A)(3) of 

this section and now deleted with 

replacement in (c)(555)(i)(A)(1), Rule 

1–220, ‘‘New Source Review Standards 

(Including PSD Evaluations),’’ amended 

on April 7, 2020. 

(6) Previously approved on July 3, 

2017, in paragraph (c)(489)(i)(A)(4) of 

this section and now deleted with 

replacement in (c)(555)(i)(A)(2), Rule 


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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 


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