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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 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 planconditional 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 172c9
and 182c9. 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.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR09OAR20200519; FRL10024
19Region 9

Air Quality Implementation Plan;
California; Mendocino County Air Quality Management District;
Stationary Source Permits Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

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 Districts 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.
EPAR09OAR20200519. All documents in the docket are listed on the https www.regulations.gov website. Although listed in the index, some information is not publicly SUMMARY:

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 9474174, 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

lotter on DSK11XQN23PROD with RULES1

TABLE 1SUBMITTED RULES
Rule No.

Rule title
1220
1230

New Source Review Standards Including PSD Evaluations
Action on Applications

The EPA previously finalized a limited approval and limited disapproval of Rule 1220 on July 3, 2017.2 We listed the following two deficiencies in our final limited approval and limited disapproval of Rule 1220:
Rule 1220 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 51.160f and 51.166l have not been met.
1 86
2 82

FR 10524.
FR 30770.

VerDate Sep<11>2014

Amended
The requirements of 40 CFR
51.166r2 3 have not been met because the rule does not include the necessary information about a sources obligations.
The District resolved the first deficiency by adding the required air quality modeling provisions to Rule 1220 and addressed the second deficiency by revising Rule 1230 to include information about a sources 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 3 The 2017 final rule stated incorrectly that the criteria in 40 CFR 51.166r1 had not been met.
Our proposal notice 81 FR 95074, December 27, 2016 and Technical Support Document TSD

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provisions of part C of title I of the Act and in 40 CFR 51.16051.164 and 51.166.
Our proposed action contains more information on the rules and our evaluation.
II. Public Comments and EPA
Responses The EPAs 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 correctly noted that only the criteria in 40 CFR
41.166r2 had not been met. See e.g., Section 4.2, number 15 on Page 18 of the TSD for the 2017 final action.

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