Air Plan Approval; Washington; Interstate Transport Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standards, 10015-10016 [2021-03032]
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Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations
(c) If the Associate General Counsel
determines that a Governor is engaged
in activity which involves a violation of
federal statute or regulation, including
the ethical conduct regulations
contained in 5 CFR parts 2635 and 7001,
or conduct which creates the
appearance of such a violation, he or
she shall bring this to the attention of
the Governor or shall notify the General
Counsel, the Chairman of the Board of
Governors, or the Vice Chairman, as
appropriate.
www.regulations.gov, or please contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: John
Chi, EPA Region 10, Air and Radiation
Division, 1200 Sixth Avenue—Suite
155, Seattle, WA 98101, at 206–553–
1185, or chi.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, it means
the EPA.
Michael J. Elston,
Secretary of the Board of Governors.
I. Background
On July 27, 2020, the EPA proposed
to approve the February 7, 2018 SIP
submission from Washington as meeting
certain Clean Air Act (CAA) interstate
transport requirements for the 2010
1-hour SO2 NAAQS (85 FR 45146). The
reasons for our proposed approval were
stated in the proposed rulemaking and
will not be re-stated here. The public
comment period for the proposed
rulemaking was reopened on September
22, 2020 (85 FR 59486), due to an
incorrect docket number, and closed on
October 22, 2020. We received no
comments. Therefore, we are finalizing
our rulemaking as proposed.
[FR Doc. 2021–00485 Filed 2–17–21; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2018–0062; FRL–10018–
22–Region 10]
Air Plan Approval; Washington;
Interstate Transport Requirements for
the 2010 Sulfur Dioxide National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State
Implementation Plan (SIP) revisions
submitted by Washington on February
7, 2018 as meeting certain Clean Air Act
(CAA) requirements for interstate
transport of the 2010 1-hour Sulfur
Dioxide (SO2) National Ambient Air
Quality Standards (NAAQS). The EPA
has determined that emissions from
Washington sources will not contribute
significantly to nonattainment or
interfere with the maintenance of the
2010 1-hour SO2 NAAQS in any other
state.
DATES: This final rule is effective March
22, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2018–0062. 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, e.g., Confidential Business
Information or other information the
disclosure of which 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://
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:05 Feb 17, 2021
Jkt 253001
II. Final Action
In this final action, the EPA is
approving the February 7, 2018 SIP
submission from Washington as meeting
the interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) for the
2010 1-hour SO2 NAAQS.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. 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);
• 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
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
10015
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
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of the 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
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
• 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, this final action does not
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 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
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.
804(2).
E:\FR\FM\18FER1.SGM
18FER1
10016
Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Under section 307(b)(1) 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 April 19, 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
307(b)(2)).
Dated: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
■
Subpart WW—Washington
2. In § 52.2470, Table 2 in paragraph
(e) is amended by adding an entry for
‘‘Interstate Transport for the 2010 SO2
NAAQS’’ immediately below the entry
‘‘Interstate Transport for the 2015 Ozone
NAAQS’’ to read as follows:
■
For the reasons set forth in the
preamble, 40 CFR part 52 is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.2470
*
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for Part 52
continues to read as follows:
TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS
Applicable
geographic or
nonattainment area
Name of SIP provision
*
*
*
State submittal
date
EPA approval date
*
Explanations
*
*
*
110(a)(2) Infrastructure and Interstate Transport
*
*
Interstate Transport for the 2010 SO2
NAAQS.
*
*
Statewide ...............
*
*
BILLING CODE 6560–50–P
Air Plan Approval; California;
Consumer Products Regulations;
Correcting Amendment
Environmental Protection
Agency (EPA).
ACTION: Correcting amendment.
AGENCY:
On September 16, 2020, the
Environmental Protection Agency (EPA)
issued a final rule titled ‘‘Air Plan
Approval; California; Consumer
Products Regulations.’’ That publication
inadvertently omitted the amendatory
instructions revising the entries that
relate to California’s Tables of
Maximum Incremental Reactivity (MIR)
Values in the table listing the approved
State rules in the California state
jbell on DSKJLSW7X2PROD with RULES
Jkt 253001
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0213. 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, 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
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
ADDRESSES:
[EPA–R09–OAR–2020–0213; FRL–10017–
20–Region 9]
FOR FURTHER INFORMATION CONTACT:
Jeffrey Buss, EPA Region IX, 75
Hawthorne Street, San Francisco, CA
PO 00000
Frm 00006
Fmt 4700
*
*
This
action
addresses
110(a)(2)(D)(i)(I).
*
This rule is effective on February
18, 2021.
40 CFR Part 52
16:43 Feb 17, 2021
*
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
*
2/18/2021, [Insert
Federal Register
citation].
implementation plan (SIP). This
document corrects this omission and
revises the entries accordingly.
[FR Doc. 2021–03032 Filed 2–17–21; 8:45 am]
SUMMARY:
*
2/7/2018
Sfmt 4700
*
CAA
*
94105. Phone: (415) 947–4152 or by
email at buss.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: On
September 16, 2020 (85 FR 57703), the
Environmental Protection Agency (EPA)
issued a final rule titled ‘‘Air Plan
Approval; California; Consumer
Products Regulations.’’ That publication
inadvertently omitted the amendatory
instruction revising the entries for
sections 94700 (‘‘MIR Values for
Compounds’’) and 94701 (‘‘MIR Values
for Hydrocarbon Solvents’’) of title 17 of
the California Code of Regulations
(CCR). This action corrects the omission
and revises the entries as intended in
the September 16, 2020 final rule.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action is unnecessary
because the underlying rule for which
E:\FR\FM\18FER1.SGM
18FER1
Agencies
[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Rules and Regulations]
[Pages 10015-10016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03032]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2018-0062; FRL-10018-22-Region 10]
Air Plan Approval; Washington; Interstate Transport Requirements
for the 2010 Sulfur Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State Implementation Plan (SIP) revisions submitted by Washington on
February 7, 2018 as meeting certain Clean Air Act (CAA) requirements
for interstate transport of the 2010 1-hour Sulfur Dioxide
(SO2) National Ambient Air Quality Standards (NAAQS). The
EPA has determined that emissions from Washington sources will not
contribute significantly to nonattainment or interfere with the
maintenance of the 2010 1-hour SO2 NAAQS in any other state.
DATES: This final rule is effective March 22, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0062. 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, e.g.,
Confidential Business Information or other information the disclosure
of which 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 please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: John Chi, EPA Region 10, Air and
Radiation Division, 1200 Sixth Avenue--Suite 155, Seattle, WA 98101, at
206-553-1185, or [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'', or ``our'' is used, it means the EPA.
I. Background
On July 27, 2020, the EPA proposed to approve the February 7, 2018
SIP submission from Washington as meeting certain Clean Air Act (CAA)
interstate transport requirements for the 2010 1-hour SO2
NAAQS (85 FR 45146). The reasons for our proposed approval were stated
in the proposed rulemaking and will not be re-stated here. The public
comment period for the proposed rulemaking was reopened on September
22, 2020 (85 FR 59486), due to an incorrect docket number, and closed
on October 22, 2020. We received no comments. Therefore, we are
finalizing our rulemaking as proposed.
II. Final Action
In this final action, the EPA is approving the February 7, 2018 SIP
submission from Washington as meeting the interstate transport
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2010 1-hour
SO2 NAAQS.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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);
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 Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of the 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 practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
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, this final action does not 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 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 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.
804(2).
[[Page 10016]]
Under section 307(b)(1) 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 April 19, 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 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: February 9, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended 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 WW--Washington
0
2. In Sec. 52.2470, Table 2 in paragraph (e) is amended by adding an
entry for ``Interstate Transport for the 2010 SO2 NAAQS''
immediately below the entry ``Interstate Transport for the 2015 Ozone
NAAQS'' to read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(e) * * *
Table 2--Attainment, Maintenance, and Other Plans
----------------------------------------------------------------------------------------------------------------
Applicable
Name of SIP provision geographic or State EPA approval date Explanations
nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Interstate Transport for the Statewide......... 2/7/2018 2/18/2021, [Insert This action addresses
2010 SO2 NAAQS. Federal Register CAA
citation]. 110(a)(2)(D)(i)(I).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-03032 Filed 2-17-21; 8:45 am]
BILLING CODE 6560-50-P