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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations this correcting amendment has been prepared was already subject to a 30-day comment period, and this action merely adds amendatory instructions that were inadvertently omitted in the underlying rule. Further, this action is consistent with the purpose and rationale of the final rule, which is corrected herein.
Because this action does not change the EPAs analyses or overall actions, no purpose would be served by additional public notice and comment.
Consequently, additional public notice and comment are unnecessary.
The EPA also finds that there is good cause under APA section 553d3 for this correction to become effective on the date of publication of this action.
Section 553d3 of the APA allows an effective date of less than 30 days after publication as otherwise provided by the agency for good cause found and published with the rule. 5 U.S.C.
553d3. The purpose of the 30-day waiting period prescribed in APA
section 553d3 is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. This action merely adds amendatory instructions that were inadvertently omitted in a previous rulemaking. For these reasons, the EPA
finds good cause under APA section 553d3 for this correction to become effective on the date of publication of this action.

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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 California rules described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the 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 the EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1 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
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FR 27968 May 22, 1997.

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section of this preamble for more information.

INFORMATION CONTACT

Statutory and Executive Order Reviews Under Executive Order E.O. 12866
58 FR 51735, October 4, 1993, this action is not a significant regulatory action and is therefore not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 66 FR 28355, May 22, 2001. This action is not an E.O.
13771 82 FR 9339, February 2, 2017
regulatory action because this action is not significant under E.O. 12866.
Because the agency has made a good cause finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the SUPPLEMENTARY
INFORMATION section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act 5 U.S.C. 601 et seq., or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 UMRA Pub. L.
1044. In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. 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 E.O. 13175 65 FR 67249, November 9, 2000. This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of governments, as specified by E.O. 13132 64 FR 43255, August 10, 1999. This rule also is not subject to E.O. 13045 62 FR 19885, April 23, 1997, because it is not economically significant. This action adding missing amendatory instructions does not involve technical standards; thus the requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C.
272 note do not apply. The rule also does not involve special consideration of environmental justice related issues as required by E.O. 12898 59 FR 7629, February 16, 1994. In issuing this rule, the EPA has taken the necessary steps
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to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of E.O. 12988 61 FR 4729, February 7, 1996. The EPA has complied with E.O. 12630 53 FR 8859, March 15, 1998 by examining the takings implications of the rule in accordance with the Attorney Generals Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings issued under the executive order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 44 U.S.C. 3501 et seq..
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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. This determination must be supported by a brief statement. 5 U.S.C.
8082. As stated previously, the EPA
had made such a good cause finding, including the reasons therefore, and established an effective date of February 18, 2021. The EPA will submit a report containing this rule 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. This action adding missing amendatory instructions is not a major rule as defined by 5 U.S.C.
8042.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 5, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.

Chapter I, title 40 of the Code of Federal Regulations is amended as follows:

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