Federal Register - May 13, 2021

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Fuente: Federal Register

26182

Federal Register / Vol. 86, No. 91 / Thursday, May 13, 2021 / Rules and Regulations
28, 2019, and statutes, submitted on September 4, 2019:
06096 CMR Chapter 110, Ambient Air Quality Standards, effective March 27, 2019
Maine Public Law 2011, Chapter 357
amending 38 MRSA Section 341
A3D, effective June 15, 2011
Maine Public Law 2019, Chapter 180
amending 38 MRSA Section 341C2
and 341C8 except Section 341
C8A, effective September 19, 2019
In addition, we are converting to full approvals the previous conditional approvals of section 110a2E in Maines infrastructure SIPs for the 2008
ozone; 2008 Pb; 2010 NO2; 2010 SO2;
and 1997, 2006, and 2012 PM2.5
NAAQS, as well as previous conditional approvals of section 110a2A in Maines infrastructure SIPS for the 1997
and 2006 PM2.5.
Finally, we are approving into the Maine SIP the negative declaration for EPAs 2016 CTG entitled Control Techniques Guidelines for the Oil and Natural Gas Industry for the 2008 and 2015 ozone standards.
III. 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 State Agency Regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through https
www.regulations.gov and at the EPA
Region 1 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA
as of the effective date of the final rulemaking of EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1
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, EPAs role is to approve state choices, provided that they meet 1 62

FR 27968 May 22, 1997.

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16:06 May 12, 2021

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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. 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 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 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
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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. 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. 8042.
Under section 307b1 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 July 12, 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 307b2.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: March 22, 2021.
Deborah Szaro, Acting Regional Administrator, EPA Region 1.

Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52APPROVAL 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 UMaine 2. Revise 52.1019 to read as follows:
a 1997 PM2.5 NAAQS: The SIP
submitted September 10, 2008, with a supplement submitted on June 1, 2011, was previously conditionally approved see Final Rule published October 16, 2012; 77 FR 63228 for Clean Air Act CAA elements 110a2A, C only as it relates to the PSD program, DiII
only as it relates to the PSD program, Dii, Eii, and J only as it relates

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Federal Register - May 13, 2021

TítuloFederal Register

PaísEstados Unidos de América

Fecha13/05/2021

Nro. de páginas204

Nro. de ediciones7800

Primera edición14/03/1936

Ultima edición23/06/2026

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