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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 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 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 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 25, 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, Nitrogen
VerDate Sep<11>2014

15:42 Aug 24, 2021

Jkt 253001

dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: August 18, 2021.
Cheryl Newton, Acting Regional Administrator, Region 5.

For the reasons stated in the preamble, EPA amends 40 CFR part 52
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.
52.1870

Amended
2. In 52.1870, the table in paragraph c is amended by removing the heading Chapter 374545 Permit Fees and the entries for 37454501 through 3745
4505.

FR Doc. 202118166 Filed 82421; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200706; FRL884502
R3

Air Plan Approval; Pennsylvania;
Emissions Statement Rule Certification for the 2015 Ozone National Ambient Air Quality Standard
47391

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.
FOR FURTHER INFORMATION CONTACT:

Serena Nichols, Planning &
Implementation Branch 3AD30, Air &
Radiation Division, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215
8142053. Ms. Nichols can also be reached via electronic mail at Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION:

I. Background On May 14, 2021 86 FR 26448, EPA
published a notice of proposed rulemaking NPRM for the Commonwealth of Pennsylvania. In the NPRM, EPA proposed approval of the Commonwealths certification that the Commonwealths emissions statement regulation meets the emissions statement requirement of section 182a3B of the CAA for the 2015
ozone NAAQS. The formal SIP revision was submitted by the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection PADEP, on April 23, 2020.
II. Summary of SIP Revision and EPA
Analysis
Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

Pennsylvanias emissions statement requirements are codified at 25 Pa Code chapter 135. Specifically, section 135.21, in accordance with CAA section SUMMARY: The Environmental Protection 182a3B, applies to nitrogen oxides Agency EPA is approving a state NOX and volatile organic compounds implementation plan SIP revision VOC sources within marginal or formally submitted by the worse nonattainment areas, as well as Commonwealth of Pennsylvania. This major NOX and VOC sources located in revision fulfills Pennsylvanias attainment areas located within the emissions statement requirement for the ozone transport region i.e. the 2015 ozone national ambient air quality remainder of the Commonwealth.
standard NAAQS. This action is being Affected sources are required annually taken under the Clean Air Act CAA.
to provide PADEP with a statement DATES: This final rule is effective on containing the sources actual NOX and September 24, 2021.
VOC emissions, the method used to calculate those emissions, the time ADDRESSES: EPA has established a period over which the calculations are docket for this action under Docket ID
Number EPAR03OAR20200706. All based, and a certification by an appropriate company officer that the documents in the docket are listed on statement is accurate. 25 Pa Code 135.21
the https www.regulations.gov also contains a waiver for sources website. Although listed in the index, emitting less than 25 tons per year, in some information is not publicly accordance with CAA
available, e.g., confidential business section182a3Bii. Additionally, 25
information CBI or other information whose disclosure is restricted by statute. Pa Code 135.5 contains recordkeeping requirements necessary to document the Certain other material, such as
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