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Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations 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 CAA; and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practical 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.
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. The EPA will
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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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 3, 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, Ammonia, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.

Chapter I, title 40 of the Code of Federal Regulations is amended as follows:
PART 52APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS

12265

and now deleted with replacement at c553iB1i, Ordinance No. 344, Portola Municipal Code, Chapter 15.10, Wood Stove and Fireplace Ordinance, adopted June 22, 2016.

500
ii
A
2 The Portola Fine Particulate Matter PM2.5 Attainment Plan, adopted January 23, 2017, subchapter VI.B Contingency Measure, as supplemented and revised October 26, 2020.

553 The following additional materials were submitted on December 29, 2020, by the Governors designee as an attachment to a letter dated December 28, 2020.
i Incorporation by reference. A
Northern Sierra Air Quality Management District.
1 City of Portola.
i Ordinance No. 359, Portola Municipal Code, Chapter 15.10, Wood Stove and Fireplace Ordinance and the Prohibition of the Open Burning of Yard Waste, adopted September 9, 2020, except paragraph 15.10.060 B., section 15.10.100, and section 15.10.110.
ii Reserved B Reserved ii Additional materials. A
California Air Resources Board.
1 Resolution 2026, Proposed Portola PM2.5 Plan Contingency Measure State Implementation Plan Submittal, adopted November 19, 2020.
2 Reserved B Northern Sierra Air Quality Management District.
1 Northern Sierra Air Quality Management District Resolution 2020
09, adopted October 26, 2020.
2 Reserved FR Doc. 202104351 Filed 3221; 8:45 am
1. The authority citation for part 52
continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart FCalifornia 2. Section 52.220 is amended by adding paragraphs c497iC1ii, c500iiA2, and c553 to read as follows:

52.220

Identification of planin part.

c
497
i
C
1
ii Previously approved on March 5, 2018 at c497iC1i of this section
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BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200196; FRL10020
45Region 3

Air Plan Approval; West Virginia; 1997
8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the West Virginia Portion of the Huntington-Ashland, WV-KY Area Comprising Cabell and Wayne Counties Environmental Protection Agency EPA.

AGENCY:

E:FRFM03MRR1.SGM

03MRR1