Federal Register - September 2, 2021
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Source: Federal Register
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 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 the 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 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 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
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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 November 1, 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, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 26, 2021.
Elizabeth Adams, Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental Protection Agency amends part 52, chapter I, title 40 of the Code of Federal Regulations 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 FCalifornia 2. Section 52.220 is amended by adding paragraphs c332iA5 and c562to read as follows:
52.220
Identification of plan-in part.
c
332
i
A
5 Previously approved on February 22, 2005 in paragraph c332iA2 of this section and now deleted with replacement in c562iA1, Rule 415, Transfer and Storage of Gasoline, amended on May 18, 2004.
562 Amended regulations for the following APCDs were submitted on
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49249
February 19, 2021 by the Governors designee as an attachment to a letter dated February 18, 2021.
i Incorporation by reference. A
Imperial County Air Pollution Control District. 1 Rule 415, Transfer and Storage of Gasoline, amended on November 3, 2020.
2 Reserved B Reserved ii Reserved FR Doc. 202118887 Filed 9121; 8:45 am BILLING CODE 656050P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR02OAR20200613; FRL892802
R2
Approval and Promulgation of Implementation Plans; New Jersey and New York; 1997 Ozone Attainment Demonstrations for the NY-NJ-CT
Nonattainment Area Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:
The Environmental Protection Agency EPA is approving revisions to the ozone attainment portions of the State Implementation Plan SIP
submitted by the states of New Jersey and New York to meet the Clean Air Act CAA requirements for attaining the 1997 8-hour ozone national ambient air quality standard NAAQS. Specifically, the EPA is approving New Jerseys and New Yorks demonstrations of attainment of the 1997 8-hour ozone NAAQS for their portions of the New York-Northern New Jersey-Long Island NY-NJ-CT Moderate 1997 8-hour ozone nonattainment area hereafter, the NYNJ-CT area or the NY-NJ-CT
nonattainment area. This action is being taken under the Clean Air Act.
DATES: This final rule is effective on October 4, 2021.
ADDRESSES: The EPA has established a docket for this action under Docket ID
Number EPAR02OAR20200613. All documents in the docket are listed on the http www.regulations.gov website.
Although listed in the index, some information is not publicly available, e.g., Confidential Business Information CBI or other information whose disclosure 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 SUMMARY:
E:FRFM02SER1.SGM
02SER1