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Federal Register / Vol. 86, No. 189 / Monday, October 4, 2021 / Rules and Regulations not subject to notice-and-comment requirements under the Administrative Procedures 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. This action 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. 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 E.O. 13175 65 FR 67249, November 9, 2000. This action is not subject to E.O. 13045 62 FR 19885, April 23, 1997, because it is not economically significant. 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 technical correction
action 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 action also does not involve special consideration of environmental justice related issues as required by E.O.
12898 59 FR 7629, February 16, 1994.
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, EPA had made such a good cause finding, including the reasons therefore, and established an effective date of October 4, 2021. 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 correction to
40 CFR part 52 for Ohio 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 23, 2021.
Cheryl Newton, Acting Regional Administrator, Region 5.

Accordingly, 40 CFR part 52 is corrected by making the following correcting amendments:
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.

2. In 52.1870, the table in paragraph e is amended under the heading Infrastructure Requirements by adding an entry for Section 110a2
Infrastructure Requirements for the 2015
ozone NAAQS immediately after the entry for Section 110a2D
infrastructure requirements for the 2012
PM2.5 NAAQS to read as follows:

52.1870

Identification of plan.

e

EPA APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Applicable geographical or non-attainment area
Title

State date
EPA approval

Comments

Infrastructure Requirements
Section 110a2 infrastructure requirements for the 2015 ozone NAAQS.

Statewide

9/28/2018

8/11/2021, 86 FR
43962.

Approved CAA elements: 110a2A, B, C, D, E, F, G, H, J, K, L, and M.
We are not taking action on DiI, prongs one and two.

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