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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Proposed Rules submissions, and general guidance on making effective comments, please visit https www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, Air3
1, 75 Hawthorne St., San Francisco, CA
94105, 415 9723534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, we, us and our refer to the EPA.

Table of Contents
I. The States Submittal
I. The States Submittal A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule?
II. The EPAs Evaluation A. How is the EPA evaluating the rule?
B. Does the rule meet the evaluation criteria?
III. Proposed Action and Public Comment IV. Incorporation by Reference V. Statutory and Executive Order Reviews
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates that it was adopted by the local air agency and submitted to the EPA by the California Air Resources Board CARB or the State.

TABLE 1SUBMITTED RULE
Local agency
Rule No.

Rule title
SJVAPCD

2021

Experimental Research Operations

On May 18, 1994, the submittal of SJVAPCD Rule 2021 was deemed by operation of law to meet the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.
B. Are there other versions of this rule?
There is no previous version of Rule 2021 in the SIP. SJVAPCD submitted Rule 2021 on November 18, 1993 as part of the Districts revised NSR program.
The District has not submitted any revised versions since the most recent submittal. On October 3, 2017, the District provided additional information in support of Rule 2021. The rule provides limited exemptions to the SJVAPCDs current program for preconstruction review and permitting of new or modified stationary sources under its jurisdiction.

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C. What is the purpose of the submitted rule?
Rule 2021 exempts experimental research operations from Authority to Construct and Permit to Operate requirements as long as the facility meets all other rule requirements.
Otherwise the source would be required to comply with Rule 2010Permits Required. The District defines Experimental Research Operations as any air pollution control device or technology or any industrial process or technology with reduced emissions which is: Innovative, not in common use for a particular process, not readily available from a commercial supplier, or funded as original research by a public agency. The District determined that emissions from Experimental Research Operations exempted from permitting requirements pursuant to Rule 2021 will not adversely affect progress toward attainment or maintenance of any NAAQS.

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II. The EPAs Evaluation A. How is the EPA evaluating the rule?
The EPA reviewed Rule 2021 for compliance with the applicable requirements of section 110a2C and associated regulations at 40 CFR
51.160164. We also reviewed the rule for consistency with other CAA general requirements for SIP submittals, including requirements at section 110a2A regarding rule enforceability, and requirements at sections 110l and 193 for SIP
revisions.
Section 110a2C of the Act requires each SIP to include a program to regulate the modification and construction of any stationary source within the areas covered by the SIP as necessary to assure attainment and maintenance of the NAAQS. The EPAs regulations at 40 CFR 51.16051.164
provide specific programmatic requirements to implement this statutory mandate.
Section 110a2A of the Act requires that regulations submitted to the EPA for SIP approval must be clear and legally enforceable. Section 110l of the Act prohibits the EPA from approving any SIP revisions that would interfere with any applicable requirement concerning attainment and reasonable further progress RFP or any other applicable requirement of the CAA. Section 193 of the Act prohibits the modification of a SIP-approved control requirement in effect before November 15, 1990 in a nonattainment area, unless the modification ensures equivalent or greater emission reductions of the relevant pollutants.
With respect to procedures, CAA
sections 110a and 110l require that a state conduct reasonable notice and hearing before adopting a SIP revision.

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B. Do the rules meet the evaluation criteria?
With respect to procedural requirements, CAA sections 110a2
and 110l require that revisions to a SIP
be adopted by the state after reasonable notice and public hearing. Based on our review of the public process documentation included in the November 18, 1993 submittal of Rule 2021, we find that the SJVAPCD has provided sufficient evidence of public notice, opportunity for comment and a public hearing prior to adoption and submittal of these rules to the EPA.
With respect to the substantive requirements found in CAA sections 110a2A and C, 110l, 193, and 40
CFR 51.16051.164, we evaluated Rule 2021 in accordance with the applicable CAA and regulatory requirements that apply to new source review permit programs. The permit exemption provided for experimental research operations is extremely narrow in scope, such that the emissions not subject to permit requirements are not expected to interfere with attainment or RFP.
Therefore we find that Rule 2021
satisfies these requirements.
Our Technical Support Document, which can be found in the docket for this rulemaking, contains a more detailed discussion of our analysis.
III. Proposed Action and Public Comment As authorized in section 110k3 of the Act, the EPA is proposing to approve the submitted rule because it fulfills all relevant CAA requirements.
We have concluded that our approval of the submitted rule would comply with the relevant provisions of CAA sections 110a2, 110l, and 193, and 40 CFR
51.16051.164.
If we finalize this action as proposed, our action will be codified through
E:FRFM22FEP1.SGM

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