Air Plan Approval; New Hampshire; Negative Declaration for the Oil and Gas Industry, 41920-41922 [2020-13635]
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41920
Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Rules and Regulations
PART 172—FOOD ADDITIVES
PERMITTED FOR DIRECT ADDITION
TO FOOD FOR HUMAN
CONSUMPTION
1. The authority citation for part 172
continues to read as follows:
■
Authority: 21 U.S.C. 321, 341, 342, 348,
371, 379e.
2. Add § 172.382 to subpart D to read
as follows:
■
§ 172.382
Vitamin D2 mushroom powder.
Vitamin D2 mushroom powder may be
used safely in foods as a source of
vitamin D2 in accordance with the
following prescribed conditions:
(a) Vitamin D2 mushroom powder is
the substance produced by exposing an
aqueous homogenate of edible cultivars
of Agaricus bisporus mushrooms to
ultraviolet (UV) light, resulting in the
photochemical conversion of
endogenous ergosterol in the
mushrooms to vitamin D2 (also known
as ergocalciferol or [9,10Seco(5Z,7E,22E)-5,7,10(19),22ergostatetraen-3-ol]).
(b) The total dose of UV light applied
to the mushroom homogenate shall not
exceed 12 Joules/square centimeter (J/
cm2).
(c) Vitamin D2 mushroom powder
meets the following specifications:
(1) Moisture, not more than 10
percent.
(2) Negative for Salmonella,
Staphylococcus aureus, and Listeria
monocytogenes, and any other
recognized microbial pathogen or any
harmful microbial toxin.
(3) Standard plate count, not more
than 5,000 colony forming units per
gram (CFU/g).
(4) Yeasts and molds, not more than
100 CFU/g.
(5) Lead, not more than 0.5 milligrams
per kilogram (mg/kg).
(6) Arsenic, not more than 0.3 mg/kg.
(d) To assure safe use of the additive,
the label or labeling of the food additive
container shall bear, in addition to the
other information required by the
Federal Food, Drug, and Cosmetic Act,
adequate directions for use to provide a
final product that complies with the
limitations prescribed in paragraph (f) of
this section.
(e) Labels of manufactured food
products containing the additive shall
bear, in the ingredient statement, the
name of the additive ‘‘vitamin D2
mushroom powder,’’ in the proper order
of decreasing predominance in the
finished food.
(f) Vitamin D2 mushroom powder may
be used as a source of vitamin D2 in
food as follows:
TABLE 1 TO PARAGRAPH (f)
Category of food
Maximum level of vitamin D2
Breakfast cereals ............................................................................................................................
Edible plant-based beverages marketed as milk alternatives ........................................................
Edible plant-based products marketed as yogurt alternatives ........................................................
Extruded vegetable snacks .............................................................................................................
Fruit smoothies ................................................................................................................................
100% fruit juices that are fortified with greater than or equal to 330 mg of calcium per 240 mL,
excluding fruit juices that are specially formulated or processed for infants.
Fruit juice drinks that are fortified with greater than or equal to 100 mg of calcium per 240 mL,
excluding fruit juice drinks that are specially formulated or processed for infants.
Grain products and pastas ..............................................................................................................
Meal replacement bars or other-type bars that are represented for special dietary use in reducing or maintaining body weight.
Meal replacement beverages that are not intended for special dietary use in reducing or maintaining body weight and that are represented for use such that the total amount of Vitamin D
provided by the product does not exceed 1,000 IU per day.
Plant protein products .....................................................................................................................
Soups and soup mixes, except for soup and soup mixes containing meat or poultry that are
subject to regulation by the U.S. Department of Agriculture under the Federal Meat Inspection Act or the Poultry Products Inspection Act.
Soy-based spreads marketed as butter alternatives ......................................................................
Soy-based products marketed as cheese and cheese-product alternatives ..................................
Soy beverage products ...................................................................................................................
Soy-protein based meal replacement beverages (powder or liquid) that are represented for
special dietary use in reducing or maintaining body weight.
Vegetable juices ..............................................................................................................................
Yeast-leavened baked goods and baking mixes and yeast-leavened baked snack foods ............
Dated: June 22, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020–13822 Filed 7–10–20; 8:45 am]
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BILLING CODE 4164–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0150; FRL–10011–
22–Region 1]
Air Plan Approval; New Hampshire;
Negative Declaration for the Oil and
Gas Industry
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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350 IU/100 g.
84 IU/100 g.
89 IU/100 g.
80 IU/28 g.
100 IU/240 mL.
100 IU/240 mL.
100 IU/240 mL.
90 IU/100 g.
100 IU/40 g.
500 IU/240 mL.
80 IU/85 g.
100 IU/245 mL.
330 IU/100 g.
270 IU/100 g.
89 IU/100 g.
140 IU/240 mL.
100 IU/240 mL.
400 IU/100 g.
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire. The revision provides the
State’s determination, via a negative
declaration, that there are no facilities
within its borders subject to EPA’s 2016
Control Technique Guideline (CTG) for
the oil and gas industry. The intended
effect of this action is to approve this
item into the New Hampshire SIP. This
action is being taken under the Clean
Air Act.
SUMMARY:
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Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Rules and Regulations
This rule is effective on August
12, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0150. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., 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 available at https://
www.regulations.gov, or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Air and
Radiation Division, 5 Post Office
Square—Suite 100, Boston, MA. EPA
requests that if at all possible, you
contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays and
facility closures due to COVID–19.
FOR FURTHER INFORMATION CONTACT: Bob
McConnell, Environmental Engineer,
Air and Radiation Division (Mail Code
05–2), U.S. Environmental Protection
Agency, Region 1, 5 Post Office Square,
Suite 100, Boston, Massachusetts
02109–3912; (617) 918–1046.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
DATES:
Table of Contents
I. Background and Purpose
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Background and Purpose
On April 6, 2020, EPA published a
Notice of Proposed Rulemaking (NPRM;
see 85 FR 19116) with an associated
Direct Final Rule (DFR; see 85 FR
19087) for the State of New Hampshire.
The DFR approved a negative
declaration for New Hampshire for
EPA’s 2016 Control Technique
Guideline (CTG) for the oil and gas
industry. We received one, relevant
adverse comment on the NPRM, and so
withdrew the DFR via a Withdrawal
Notice published on June 5, 2020. See
85 FR 34524. Other specific
requirements of the State’s submittal
and the rationale for EPA’s proposed
action are explained in the NPRM and
will not be restated here. Our response
to the adverse comment on the NPRM
VerDate Sep<11>2014
15:48 Jul 10, 2020
Jkt 250001
is summarized and responded to in
section II below.
II. Response to Comment
We received one, relevant adverse
comment on the NPRM. A summary of
the comment, and our response, follows.
Comment: Did EPA even do any
independent review to see if sources
exist within New Hampshire? EPA
seems to make a categorical conclusion
about New Hampshire’s SIP based
simply on where EPA ‘‘believes’’ sources
are located. EPA should withdraw this
illogical conclusion and affirmatively
determine whether the state has sources
subject to the CTG based on a review of
the State’s SIP and an independent
review of EPA’s databases.
Response: First, we note that the
commenter does not provide any
information to contradict New
Hampshire’s finding that no sources
subject to EPA’s 2016 CTG for the oil
and gas industry exist within the State.
EPA is not aware of any information
indicating that a facility subject to the
2016 oil and gas CTG exists within the
State of New Hampshire. Additionally,
we note that EPA has historically
allowed states to submit a negative
declaration for a particular CTG
category if the state finds that no
sources exist in the state which would
be subject to that CTG. EPA has
addressed the idea of negative
declarations numerous times and for
various NAAQS including in the
General Preamble to the 1990
Amendments,1 the 2006 RACT Q&A
Memo,2 and the 2008 Ozone
Implementation Rule.3 In each of these
documents, EPA asserted that if no
sources exist in the nonattainment area
for a particular CTG category, the state
would be allowed to submit a negative
declaration SIP revision. This principle
also applies to states in the ozone
transport region.
Second, we note that New
Hampshire’s finding is consistent with
information contained within EPA data
resources of industrial activity within
the United States, such as the National
Emissions Inventory (NEI) database of
sources of air pollution, which is
available at: https://www.epa.gov/airemissions-inventories/national1 ‘‘State Implementation Plans; General Preamble
for the Implementation of Title I of the Clean Air
Act Amendments of 1990,’’ (57 FR 13498 at 13512
(April 16, 1992)).
2 ‘‘RACT Q’s and A’s—Reasonably Available
Control Technology RACT: Questions and
Answers’’ Memorandum from William T. Harnett,
May 18, 2006.
3 ‘‘Implementation of the 2008 National Ambient
Air Quality Standards for Ozone: State
Implementation Plan Requirements,’’ (80 FR 12263
at 12278 (March 6, 2015)).
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41921
emissions-inventory-nei. And last, we
note that EPA Region 1 worked with
New Hampshire, and EPA headquarters’
technical experts on the CTG, to review
the applicability criteria of EPA’s 2016
oil and gas CTG to assist the State with
its determination.
III. Final Action
We are approving a negative
declaration for EPA’s 2016 CTG entitled
‘‘Control Techniques Guidelines for the
Oil and Natural Gas Industry’’ into the
New Hampshire SIP.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
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);
• Is not an Executive Order 13771
regulatory action because this action is
not significant under Executive Order
12866;
• 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. 104–4);
• 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 12(d) of the National
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41922
Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Rules and Regulations
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 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. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
Under section 307(b)(1) 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 September 11,
2020. 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
307(b)(2).)
reference, Ozone, Volatile organic
compounds.
Dated: June 18, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the
preamble, EPA amends Part 52 of
chapter I, title 40 of the Code of Federal
Regulations as follows:
PART 52—APPROVAL 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 EE—New Hampshire
2. In § 52.1520, amend paragraph (e)
by adding an entry in the table for
‘‘Negative declaration for the 2016
Control Techniques Guideline for the
Oil and Natural Gas Industry’’ at the end
of the table, to read as follows:
■
§ 52.1520
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(e) * * *
*
*
NEW HAMPSHIRE NONREGULATORY
State
submittal
date/
effective
date
Applicable
geographic or
nonattainment area
Name of nonregulatory SIP provision
*
*
Negative declaration for the 2016 Control
Techniques Guidelines for the Oil and Natural Gas Industry.
*
*
Statewide .......................
EPA approved date 3
*
12/20/2019
*
7/13/2020 [Insert Federal Register citation].
Explanations
*
Negative declaration.
3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
[FR Doc. 2020–13635 Filed 7–10–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0291; FRL–10010–
73–Region 9]
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Air Plan Approval; California; Mariposa
County Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
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15:48 Jul 10, 2020
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approve a revision to the Mariposa
County Air Pollution Control District
(MCAPCD) portion of the California
State Implementation Plan (SIP). This
revision concerns reporting of emissions
of volatile organic compounds (VOCs)
and oxides of nitrogen (NOX) in
nonattainment areas. We are approving
a local rule to require submittal of
emissions statements under the Clean
Air Act (CAA or the Act).
DATES: This rule will be effective on
August 12, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0291. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
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some information is not publicly
available, e.g., Confidential Business
Information 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
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:
Nancy Levin, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3848 or by
email at levin.nancy@epa.gov.
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]]>Agencies
[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Rules and Regulations]
[Pages 41920-41922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13635]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0150; FRL-10011-22-Region 1]
Air Plan Approval; New Hampshire; Negative Declaration for the
Oil and Gas Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. The revision provides the State's determination, via a
negative declaration, that there are no facilities within its borders
subject to EPA's 2016 Control Technique Guideline (CTG) for the oil and
gas industry. The intended effect of this action is to approve this
item into the New Hampshire SIP. This action is being taken under the
Clean Air Act.
[[Page 41921]]
DATES: This rule is effective on August 12, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0150. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., 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 available at https://www.regulations.gov, or at the U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, Air and Radiation Division, 5 Post Office
Square--Suite 100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding legal holidays and facility closures due to COVID-19.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Environmental Engineer,
Air and Radiation Division (Mail Code 05-2), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts 02109-3912; (617) 918-1046.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Response to Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On April 6, 2020, EPA published a Notice of Proposed Rulemaking
(NPRM; see 85 FR 19116) with an associated Direct Final Rule (DFR; see
85 FR 19087) for the State of New Hampshire. The DFR approved a
negative declaration for New Hampshire for EPA's 2016 Control Technique
Guideline (CTG) for the oil and gas industry. We received one, relevant
adverse comment on the NPRM, and so withdrew the DFR via a Withdrawal
Notice published on June 5, 2020. See 85 FR 34524. Other specific
requirements of the State's submittal and the rationale for EPA's
proposed action are explained in the NPRM and will not be restated
here. Our response to the adverse comment on the NPRM is summarized and
responded to in section II below.
II. Response to Comment
We received one, relevant adverse comment on the NPRM. A summary of
the comment, and our response, follows.
Comment: Did EPA even do any independent review to see if sources
exist within New Hampshire? EPA seems to make a categorical conclusion
about New Hampshire's SIP based simply on where EPA ``believes''
sources are located. EPA should withdraw this illogical conclusion and
affirmatively determine whether the state has sources subject to the
CTG based on a review of the State's SIP and an independent review of
EPA's databases.
Response: First, we note that the commenter does not provide any
information to contradict New Hampshire's finding that no sources
subject to EPA's 2016 CTG for the oil and gas industry exist within the
State. EPA is not aware of any information indicating that a facility
subject to the 2016 oil and gas CTG exists within the State of New
Hampshire. Additionally, we note that EPA has historically allowed
states to submit a negative declaration for a particular CTG category
if the state finds that no sources exist in the state which would be
subject to that CTG. EPA has addressed the idea of negative
declarations numerous times and for various NAAQS including in the
General Preamble to the 1990 Amendments,\1\ the 2006 RACT Q&A Memo,\2\
and the 2008 Ozone Implementation Rule.\3\ In each of these documents,
EPA asserted that if no sources exist in the nonattainment area for a
particular CTG category, the state would be allowed to submit a
negative declaration SIP revision. This principle also applies to
states in the ozone transport region.
---------------------------------------------------------------------------
\1\ ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
(57 FR 13498 at 13512 (April 16, 1992)).
\2\ ``RACT Q's and A's--Reasonably Available Control Technology
RACT: Questions and Answers'' Memorandum from William T. Harnett,
May 18, 2006.
\3\ ``Implementation of the 2008 National Ambient Air Quality
Standards for Ozone: State Implementation Plan Requirements,'' (80
FR 12263 at 12278 (March 6, 2015)).
---------------------------------------------------------------------------
Second, we note that New Hampshire's finding is consistent with
information contained within EPA data resources of industrial activity
within the United States, such as the National Emissions Inventory
(NEI) database of sources of air pollution, which is available at:
https://www.epa.gov/air-emissions-inventories/national-emissions-inventory-nei. And last, we note that EPA Region 1 worked with New
Hampshire, and EPA headquarters' technical experts on the CTG, to
review the applicability criteria of EPA's 2016 oil and gas CTG to
assist the State with its determination.
III. Final Action
We are approving a negative declaration for EPA's 2016 CTG entitled
``Control Techniques Guidelines for the Oil and Natural Gas Industry''
into the New Hampshire SIP.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
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);
Is not an Executive Order 13771 regulatory action because
this action is not significant under Executive Order 12866;
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. 104-4);
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 12(d) of the
National
[[Page 41922]]
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 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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
Under section 307(b)(1) 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 September 11, 2020. 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 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.
Dated: June 18, 2020.
Dennis Deziel,
Regional Administrator, EPA Region 1.
For the reasons stated in the preamble, EPA amends Part 52 of
chapter I, title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart EE--New Hampshire
0
2. In Sec. 52.1520, amend paragraph (e) by adding an entry in the
table for ``Negative declaration for the 2016 Control Techniques
Guideline for the Oil and Natural Gas Industry'' at the end of the
table, to read as follows:
Sec. 52.1520 Identification of plan.
* * * * *
(e) * * *
New Hampshire Nonregulatory
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State
Applicable geographic or submittal date/
Name of nonregulatory SIP provision nonattainment area effective EPA approved date \3\ Explanations
date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Negative declaration for the 2016 Statewide............................ 12/20/2019 7/13/2020 [Insert Negative declaration.
Control Techniques Guidelines for Federal Register
the Oil and Natural Gas Industry. citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column
for the particular provision.
[FR Doc. 2020-13635 Filed 7-10-20; 8:45 am]
BILLING CODE 6560-50-P
