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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Proposed Rules
regulations that control PM emissions.
Rules 301, 302, and 305 address open burning regulations for agricultural and non-agricultural smoke management and allowable residential burning to reduce emissions of particulates and NOX from such burning. The EPAs technical support document TSD has more information about these rules.
II. The EPAs Evaluation and Action
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A. How is the EPA evaluating the rules?
Rules in the SIP must be enforceable see CAA section 110a2, must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA
requirements see CAA section 110l, and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions see CAA section 193.
Generally, SIP rules must implement reasonably available control measures RACM, including reasonably available control technology RACT in Moderate PM2.5 nonattainment areas see CAA
sections 172c1 and 189a1C. The PCAPCD regulates a PM2.5
nonattainment area classified as Moderate for the 2006 PM2.5 national ambient air quality standard NAAQS
40 CFR 81.305. A RACM and RACT
evaluation is generally performed in the context of a broader plan.
Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following:
1. State Implementation Plans;
General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR
13498 April 16, 1992; 57 FR 18070
April 28, 1992.
2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988 the Bluebook, revised January 11, 1990.
3. Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001 the Little Bluebook.
4. State Implementation Plans;
Nitrogen Oxides Supplement to the General Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; Proposed Rule, the NOX
Supplement, 57 FR 55620, November 25, 1992.
5. Airborne Toxic Control Measure to Reduce Emissions of Toxic Air Contaminants from Outdoor Residential Waste Burning, California Code of Regulations CCR 93113, February 3, 2003

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B. Do the rules meet the evaluation criteria?
These rules meet CAA requirements and are consistent with relevant guidance regarding enforceability, stringency, and SIP revisions. The TSD
has more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules The TSD includes recommendations for the next time the local agency modifies the rules.
D. Public Comment and Proposed Action As authorized in section 110k3 of the Act, the EPA proposes to fully approve the submitted rules because they fulfill all relevant requirements.
We will accept comments from the public on this proposal until March 22, 2021. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP.
III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the PCAPCD 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.
IV. 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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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
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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. 1044;
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 12d 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 disproportionate human health or environmental effects with practical, appropriate, 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
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