Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 50645 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 November 9, 

2021. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 1, 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 paragraphs (c)(207)(i)(D)(5) and 

(c)(518)(i)(A)(7) to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(207) * * * 

(i) * * * 

(D) * * * 

(5) Previously approved on November 

1, 1996 in paragraph (c)(207)(i)(D)(3) of 

this section and now deleted with 

replacement in paragraph 

(c)(518)(i)(A)(6) of this section, Rule 

1160, adopted on October 26, 1994. 

* * * * * 

(518) * * * 

(i) * * * 

(A) * * * 

(7) Rule 1160, ‘‘Internal Combustion 

Engines,’’ amended on January 22, 2018. 

* * * * * 

[FR Doc. 2021–19435 Filed 9–9–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0476; FRL–8777–02– 

R9] 

Air Plan Approval; California; Antelope 

Valley Air Quality Management District, 

Eastern Kern Air Pollution Control 

District, and Yolo-Solano Air Quality 

Management District; Combustion 

Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Antelope 

Valley Air Quality Management District 

(AVAQMD), Eastern Kern Air Pollution 

Control District (EKAPCD), and YoloSolano Air Quality Management District 

(YSAQMD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern emissions of oxides of 

nitrogen (NOX) from boilers, steam 

generating units, process heaters, and 

stationary internal combustion engines. 

We are approving local rules that 

regulate these emission sources under 

the Clean Air Act (CAA or the ‘‘Act’’). 

DATES: This rule will be effective on 

October 12, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0476. 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: 

Kevin Gong, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone at (415) 972–3073 and 

by email at gong.kevin@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 April 5, 2021 (86 FR 17567), the 

EPA proposed to approve the following 

rules into the California SIP. 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Local action Submitted 

AVAQMD ........... 1110.2 Emissions from Stationary, Non-Road and Portable Internal Combustion Engines.Amended 09/18/2018 ........................ 10/30/2018 

EKAPCD ............ 425.2 Boilers, Steam Generators, and Process Heaters (Oxides of Nitrogen).Amended ...........................................

01/11/2018 .........................................

08/22/2018 

YSAQMD ........... 2.27 Large Boilers .................................................................... Revised 05/15/2019 ........................... 08/19/2019 

In our proposed rule, we erroneously 

stated that an earlier version of EKAPCD 

Rule 425.2 had been approved into the 

SIP on October 28, 1999 (64 FR 57991). 

That version of the rule was approved 

into the SIP on September 24, 1999 (64 

FR 51688). We proposed to approve 

these rules because we determined that 

they comply with the relevant CAA 


jbell on DSKJLSW7X2PROD with RULES
50646 Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 

requirements. 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 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 these rules into the California 

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 local 

air district rules 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 Clean Air Act, 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 Clean Air 

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 Clean Air Act; 

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 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 November 9, 

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, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: August 31, 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)(241)(i)(B)(2), 

(c)(249)(i)(B)(2), (c)(520)(i)(B), 

(c)(521)(i)(A)(2) and (c)(542)(i)(C) to 

read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(241) * * * 

(i) * * * 

(B) * * * 

(2) Previously approved on June 17, 

1997 in paragraph (c)(241)(i)(B)(1) of 

this section and now deleted with 

replacement in (c)(542)(i)(C)(1), Rule 

2.27, revised on August 14, 1996. 

* * * * * 

(249) * * * 

(i) * * * 

(B) * * * 

(2) Previously approved on September 

24, 1999 in paragraph (c)(249)(i)(B)(1) of 

this section and now deleted with 

replacement in (c)(520)(i)(A)(1), Rule 

425.2 adopted on October 13, 1994 and 

amended on July 10, 1997. 

* * * * * 

(520) * * * 

(i) * * * 

(B) Eastern Kern Air Pollution Control 

District. 

(1) Rule 425.2, ‘‘Boilers, Steam 

Generators, and Process Heaters (Oxides 

of Nitrogen),’’ amended on January 11, 

2018. 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Rules and Regulations 50647 

(2) [Reserved] 

* * * * * 

(521) * * * 

(i) * * * 

(A) * * * 

(2) Rule 1110.2, ‘‘Emissions from 

Stationary, Non-Road and Portable 

Internal Combustion Engines,’’ 

amended on September 18, 2018. 

* * * * * 

(542) * * * 

(i) * * * 

(C) Yolo-Solano Air Quality 

Management District. 

(1) Rule 2.27, ‘‘Large Boilers,’’ revised 

on May 15, 2019. 

(2) [Reserved] 

* * * * * 

[FR Doc. 2021–19434 Filed 9–9–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R10–RCRA–2021–0142; FRL–8917– 

02–R10] 

Hazardous Waste Management 

System; Final Exclusion for Identifying 

and Listing Hazardous Waste 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) (also, ‘‘the Agency’’ or 

‘‘we’’ in this preamble) is taking final 

action to finalize technical amendments 

to an existing exclusion from the list of 

federal hazardous waste (delisting) 

issued to the United States Department 

of Energy (Energy) under the Resource 

Conservation and Recovery Act. These 

modifications address changes to the 

200-Area Effluent Treatment System 

associated with the delisting necessary 

to accept liquid effluents expected to be 

generated from vitrification of certain 

low-activity mixed wastes at the 

Hanford Federal Facility, or Hanford 

Site, in Richland, Washington. 

DATES: This final rule is effective on 

September 10, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–RCRA–2021–0142. All 

documents in the docket are listed on 

the 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 electronically through 

www.regulations.gov. Due to restrictions 

related to COVID–19, docket materials 

are not available in hard copy form at 

this time. If you have further questions 

concerning docket materials, we 

recommend you telephone Dr. David 

Bartus at (206) 553–2804. 

FOR FURTHER INFORMATION CONTACT: Dr. 

David Bartus, EPA, Region 10, 1200 6th 

Avenue, Suite 155, M/S M/S 15–H04, 

Seattle, Washington 98070; telephone 

number: (206) 553–2804; email address: 

bartus.dave@epa.gov. 

As discussed in Section V of this 

document, the Washington State 

Department of Ecology is making a 

separata but parallels decision regarding 

the Petitioner’s request for this 

modification under state authority. 

Information on Ecology’s action may be 

found at https://ecology.wa.gov/WasteToxics/Nuclear-waste/Public-commentperiods. 

SUPPLEMENTARY INFORMATION: The 

information in this section is organized 

as follows: 

I. Overview Information 

II. EPA’s Evaluation of Public Comments 

III. Final Rule 

A. What are the terms of this exclusion? 

B. When is the delisting effective? 

C. How does this action affect the states? 

IV. Statutory and Executive Order Reviews 

I. Overview Information 

Based on a petition submitted to the 

EPA, Energy requested technical 

amendments to an existing exclusion 

from the list of federally listed wastes 

set forth in 40 Code of Federal 

Regulations (CFR) 261.33 previously 

issued to the United States Department 

of Energy (Energy) for the Hanford 

Federal Facility, or Hanford Site in 

Richland, Washington (Current 

delisting). See 40 CFR part 261, 

appendix IX, Table 2. This existing 

exclusion applies to treated effluent 

generated by Hanford’s 200 Area 

Effluent Treatment Facility (ETF). The 

requested amendments relate to the 

planned startup of the Hanford Waste 

Treatment and Immobilization Plant 

(WTP). Details of Energy’s requested 

technical amendments are more fully 

described in EPA’s proposed regulatory 

amendments to the existing delisting at 

86 (FR) 30237, June 7, 2021. After 

consideration of comments received on 

the EPA’s proposed regulatory 

amendments, the EPA is finalizing these 

amendments as proposed. The EPA is 

also making one grammatical 

clarification identified after the proposal 

cited above. 

II. EPA’s Evaluation of Public 

Comments 

The EPA received one anonymous set 

of comments on the proposed regulatory 

amendments. These comments, and the 

EPA’s evaluation of them, are described 

below. 

This commenter raises several issues. 

One common theme is that there are 

data gaps or other uncertainties 

regarding the ability of the Effluent 

Treatment Facility to manage future 

wastes from the WTP. The following 

sections address each of the comments 

that have a clear nexus to the proposed 

modification of the existing 200-Area 

ETF delisting. 

Uncertainty Regarding the Future 

Capability To Treat ‘‘the Future 

Unknowns’’ 

The commenter stated ‘‘It appears that 

the current petition revision is solely to 

address acetonitrile, but that there are 

other unknowns and chemicals of 

concern to be submitted at a later date 

for future delisting petitions. There is no 

guarantee that there will be a future 

capability to treat the future unknowns, 

leaving a considerable risk of what to do 

with non-compliant effluent from the 

WTP.’’ 

In promulgating significant revisions 

to the 200–ETF delisting in 2005 (70 FR 

44498, July 30, 2012), Ecology and EPA 

explicitly intended to broadly expand 

the waste streams that the ETF could 

process within the scope of the treated 

effluent delisting. More specifically, the 

final delisting rule stated ‘‘The effect of 

these changes is to allow the 200 Area 

ETF to fulfill an expanded role in 

supporting Hanford Facility cleanup 

actions beyond those activities 

considered in the 1995 delisting 

rulemaking. In particular, these changes 

will allow the 200 Area ETF to treat 

mixed wastewaters from a number of 

additional sources beyond 242–A 

Evaporator process condensate (PC) 

upon which the original delisting was 

based.’’ (See 70 FR 44497, July 30, 

2012). 

Consistent with this objective, the 

2005 delisting modifications established 

a detailed mechanism based on the 

concept of a treatability envelope, 

which defines the ability of the ETF 

system overall to treat a wide range of 

waste constituents. This mechanism is 

based on an engineering model of the 

various unit operations within the ETF 

treatment train. Additionally, 

constituent-specific data for a wide 

range of constituents were used on a 

waste-stream specific basis to evaluate 

the treatability of that waste stream as 

part of the waste acceptance process for 


jbell on DSKJLSW7X2PROD with RULES