Determination To Defer Sanctions; Arizona; Pinal County Air Quality Control District, 12827-12829 [2021-04388]
Download as PDF
jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Rules and Regulations
§ 210.27 Reports of usage and payment for
blanket licensees.
§ 210.28 Reports of usage for significant
nonblanket licensees.
*
*
*
*
*
*
(c) * * *
(5)(i) For any voluntary license in
effect during the applicable monthly
reporting period, the information
required under § 210.24(b)(8). If this
information has been separately
provided to the mechanical licensing
collective, it need not be contained in
the monthly report of usage, provided
the report states that the information has
been provided separately and includes
the date on which such information was
last provided to the mechanical
licensing collective. This paragraph
(c)(5)(i) does not apply to any authority
obtained by a digital music provider
from licensors of sound recordings to
make and distribute permanent
downloads of musical works embodied
in such sound recordings pursuant to an
individual download license or
voluntary license.
(ii) For any authority obtained by a
digital music provider from licensors of
sound recordings to make and distribute
permanent downloads of musical works
embodied in such sound recordings
pursuant to an individual download
license or voluntary license, and where
such authority does not cover all
permanent downloads made available
on the service, a list of all sound
recordings for which the digital music
provider has obtained such authority
from the respective sound recording
licensors, or a list of any applicable
catalog exclusions where the digital
music provider indicates that such
authority otherwise exists for all
permanent downloads, and an
identification of the digital music
provider’s covered activities operated
under such authority. If this information
has been separately provided to the
mechanical licensing collective, it need
not be contained in the monthly report
of usage, provided the report states that
the information has been provided
separately and includes the date on
which such information was last
provided to the mechanical licensing
collective.
*
*
*
*
*
(g) * * *
(2) * * *
(ii) * * * These efforts may include
providing copyright owners with
information on usage of their respective
musical works that was identified by a
digital music provider as subject to a
voluntary license or individual
download license.
*
*
*
*
*
■ 5. Amend § 210.28 by revising
paragraph (c)(5) to read as follows:
VerDate Sep<11>2014
15:52 Mar 04, 2021
Jkt 253001
*
*
*
*
(c) * * *
(5)(i) For each voluntary license in
effect during the applicable monthly
reporting period, the information
required under § 210.24(b)(8). If this
information has been separately
provided to the mechanical licensing
collective, it need not be contained in
the monthly report of usage, provided
the report states that the information has
been provided separately and includes
the date on which such information was
last provided to the mechanical
licensing collective. This paragraph
(c)(5)(i) does not apply to any authority
obtained by a significant nonblanket
licensee from licensors of sound
recordings to make and distribute
permanent downloads of musical works
embodied in such sound recordings
pursuant to an individual download
license or voluntary license.
(ii) For any authority obtained by a
significant nonblanket licensee from
licensors of sound recordings to make
and distribute permanent downloads of
musical works embodied in such sound
recordings pursuant to an individual
download license or voluntary license,
and where such authority does not
cover all permanent downloads made
available on the service, a list of all
sound recordings for which the
significant nonblanket licensee has
obtained such authority from the
respective sound recording licensors, or
a list of any applicable catalog
exclusions where the significant
nonblanket licensee indicates that such
authority otherwise exists for all
permanent downloads, and
identification of the significant
nonblanket licensee’s covered activities
operated under such authority. If this
information has been separately
provided to the mechanical licensing
collective, it need not be contained in
the monthly report of usage, provided
the report states that the information has
been provided separately and includes
the date on which such information was
last provided to the mechanical
licensing collective.
*
*
*
*
*
■ 6. Amend § 210.30 as follows:
■ a. Revise paragraph (a);
■ b. Remove paragraph (b); and
■ c. Redesignate paragraph (c) as
paragraph (b).
The revision reads as follows:
§ 210.30 Temporary exception to certain
reporting requirements about certain
permanent download licenses.
(a) Where a requirement of
§ 210.24(b)(8), § 210.25(b)(6),
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
12827
§ 210.27(c)(5), or § 210.28(c)(5) has not
been satisfied with respect to an
individual download license or
voluntary pass-through license before
April 5, 2021, in connection with a
submission to the mechanical licensing
collective before such date, a submitter
may take additional time to comply
with such reporting obligations, as
amended, by no later than May 19,
2021. Taking such additional time shall
not render an otherwise compliant
notice of license, notice of nonblanket
activity, or report of usage invalid, or
provide a basis for the mechanical
licensing collective to reject an
otherwise compliant notice of license,
serve a notice of default on an otherwise
compliant blanket licensee, terminate an
otherwise compliant blanket license, or
engage in legal enforcement efforts
against an otherwise compliant
significant nonblanket licensee. Any
deadline otherwise applicable to any
such action by the mechanical licensing
collective shall be tolled with respect to
a submitter permitted to take additional
time to comply with these reporting
obligations until May 19, 2021.
*
*
*
*
*
Dated: February 23, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the
U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021–04573 Filed 3–4–21; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0134; FRL–10020–
94–Region 9]
Determination To Defer Sanctions;
Arizona; Pinal County Air Quality
Control District
Environmental Protection
Agency (EPA).
ACTION: Interim final determination.
AGENCY:
The Environmental Protection
Agency (EPA) is making an interim final
determination that the Arizona
Department of Environmental Quality
(ADEQ) has submitted rules and other
materials on behalf of the Pinal County
Air Quality Control District (PCAQCD or
District) that correct deficiencies in its
Clean Air Act (CAA or Act) state
implementation plan (SIP) provisions
concerning ozone nonattainment
requirements. This determination is
SUMMARY:
E:\FR\FM\05MRR1.SGM
05MRR1
jbell on DSKJLSW7X2PROD with RULES
12828
Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Rules and Regulations
based on a proposed approval,
published elsewhere in this Federal
Register, of PCAQCD’s reasonably
available control technology (RACT) SIP
rules and negative declarations. The
effect of this interim final determination
is that the imposition of sanctions that
were triggered by a previous partial
disapproval and limited disapproval by
the EPA in 2019 is now deferred. If the
EPA finalizes its approval of PCAQCD’s
submission, relief from these sanctions
will become permanent.
DATES: This interim final determination
is effective on March 5, 2021. However,
comments will be accepted on or before
April 5, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2021–0134 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets. If you need
assistance in a language other than
English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 947–4216 or by
email at Law.Nicole@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
VerDate Sep<11>2014
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background
On August 9, 2019 (84 FR 39196), the
EPA issued a final partial approval/
partial disapproval and a limited
approval/limited disapproval for
revisions to the PCAQCD portion of the
Arizona SIP that had been submitted by
ADEQ to the EPA for approval (the 2017
RACT Submittal). The 2017 RACT
Submittal action addressed the
PCAQCD’s RACT SIP requirements
under the Act. In our 2017 RACT
Submittal action, we determined that
while PCAQCD’s SIP revision submittal
strengthened the SIP, the submittal did
not fully meet the requirements for
RACT SIPs under the CAA. Our 2017
RACT Submittal action included a final
partial disapproval and limited
disapproval action under title I, part D
of the Act, relating to requirements for
nonattainment areas. Pursuant to
section 179 of the CAA and our
regulations at 40 CFR 52.31, this partial
disapproval and limited disapproval
action under title I, part D started a
sanctions clock for imposition of offset
sanctions 18 months after the action’s
effective date of September 9, 2019, and
highway sanctions 6 months later.
On August 5, 2020, PCAQCD revised
its rules and adopted additional
negative declarations and on August 20,
2020, ADEQ submitted the revised rules
and negative declarations to the EPA for
approval into the Arizona SIP (2020
RACT Submittal). These negative
declarations and revised rules are
intended to address the partial
disapproval and limited disapproval
issues under title I, part D that we
identified in our 2017 RACT Submittal
action. In the Proposed Rules section of
this Federal Register, we have proposed
approval of PCAQCD’s 2020 RACT
Submittal. Based on this proposed
approval action, we are also taking this
interim final determination, effective on
publication, to defer imposition of the
offset sanctions and highway sanctions
that were triggered by our 2017 RACT
Submittal action’s partial disapproval
and limited disapproval of PCAQCD’s
RACT SIP and rules, because we believe
that the 2020 RACT Submittal corrects
the deficiencies that triggered such
sanctions.1
The EPA is providing the public with
an opportunity to comment on this
deferral of sanctions. If comments are
submitted that change our assessment
described in this interim final
determination and the proposed full
approval of PCAQCD’s 2020 RACT
1 40
15:52 Mar 04, 2021
Jkt 253001
PO 00000
CFR 52.31(d)(2).
Frm 00030
Fmt 4700
Sfmt 4700
Submittal with respect to the title I, part
D deficiencies identified in our 2017
RACT Submittal action, we would take
final action to lift this deferral of
sanctions under 40 CFR 52.31. If no
comments are submitted that change our
assessment, then all sanctions and any
sanction clocks triggered by our 2017
RACT Submittal action would be
permanently terminated on the effective
date of our final approval of PCAQCD’s
2020 RACT Submittal.
II. EPA Action
We are making an interim final
determination to defer CAA section 179
sanctions associated with our partial
disapproval and limited disapproval
action on August 9, 2019 of PCAQCD’s
RACT SIP and rules with respect to the
requirements of part D of title I of the
CAA. This determination is based on
our concurrent proposal to fully
approve PCAQCD’s 2020 RACT
Submittal, which resolves the
deficiencies that triggered sanctions
under section 179 of the CAA.
Because the EPA has preliminarily
determined that PCAQCD’s 2020 RACT
Submittal addresses the deficiencies
under part D of title I of the CAA
identified in our 2017 RACT Submittal
action and is fully approvable, relief
from sanctions should be provided as
quickly as possible. Therefore, the EPA
is invoking the good cause exception
under the Administrative Procedure Act
(APA) in not providing an opportunity
for comment before this action takes
effect (5 U.S.C. 553(b)(3)). However, by
this action, the EPA is providing the
public with a chance to comment on the
EPA’s determination after the effective
date, and the EPA will consider any
comments received in determining
whether to reverse such action.
The EPA believes that notice-andcomment rulemaking before the
effective date of this action is
impracticable and contrary to the public
interest. The EPA has reviewed the
State’s submittal and, through its
proposed action, is indicating that it is
more likely than not that the State has
submitted a revision to the SIP that
corrects deficiencies under part D of the
Act that were the basis for the action
that started the sanctions clocks.
Therefore, it is not in the public interest
to impose sanctions. The EPA believes
that it is necessary to use the interim
final rulemaking process to defer
sanctions while the EPA completes its
rulemaking process on the approvability
of the State’s submittal. Moreover, with
respect to the effective date of this
action, the EPA is invoking the good
cause exception to the 30-day notice
requirement of the APA because the
E:\FR\FM\05MRR1.SGM
05MRR1
Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
purpose of this notice is to relieve a
restriction (5 U.S.C. 553(d)(1)).
III. Statutory and Executive Order
Reviews
This action defers sanctions and
imposes no additional requirements. 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 those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
• 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).
• Is subject to the CRA, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. The CRA
allows the issuing agency to make a rule
VerDate Sep<11>2014
15:52 Mar 04, 2021
Jkt 253001
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and comment rulemaking procedures
are impracticable, unnecessary or
contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause
finding for this rule as discussed in
section II of this preamble, including the
basis for that finding.
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 May 4, 2021. Filing a petition
for reconsideration by the EPA
Administrator of this final rule does not
affect the finality of this rule for the
purpose of judicial review nor does it
extend the time within which 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 CAA
section 307(b)(2)).
12829
Dated: February 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0653, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2021–04388 Filed 3–4–21; 8:45 am]
I. General Information
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0653; FRL–10019–99]
Picarbutrazox; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of picarbutrazox
in or on multiple commodities which
are identified and discussed later in this
document. Nippon Soda Co., Ltd c/o
Nisso America, Inc. requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective
March 5, 2021. Objections and requests
for hearings must be received on or
before May 4, 2021, and must be filed
in accordance with the instructions
SUMMARY:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s eCFR site at https://www.ecfr.gov/cgi-bin/
E:\FR\FM\05MRR1.SGM
05MRR1
Agencies
[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Rules and Regulations]
[Pages 12827-12829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04388]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0134; FRL-10020-94-Region 9]
Determination To Defer Sanctions; Arizona; Pinal County Air
Quality Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim final determination.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making an interim
final determination that the Arizona Department of Environmental
Quality (ADEQ) has submitted rules and other materials on behalf of the
Pinal County Air Quality Control District (PCAQCD or District) that
correct deficiencies in its Clean Air Act (CAA or Act) state
implementation plan (SIP) provisions concerning ozone nonattainment
requirements. This determination is
[[Page 12828]]
based on a proposed approval, published elsewhere in this Federal
Register, of PCAQCD's reasonably available control technology (RACT)
SIP rules and negative declarations. The effect of this interim final
determination is that the imposition of sanctions that were triggered
by a previous partial disapproval and limited disapproval by the EPA in
2019 is now deferred. If the EPA finalizes its approval of PCAQCD's
submission, relief from these sanctions will become permanent.
DATES: This interim final determination is effective on March 5, 2021.
However, comments will be accepted on or before April 5, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0134 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4216 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Background
II. EPA Action
III. Statutory and Executive Order Reviews
I. Background
On August 9, 2019 (84 FR 39196), the EPA issued a final partial
approval/partial disapproval and a limited approval/limited disapproval
for revisions to the PCAQCD portion of the Arizona SIP that had been
submitted by ADEQ to the EPA for approval (the 2017 RACT Submittal).
The 2017 RACT Submittal action addressed the PCAQCD's RACT SIP
requirements under the Act. In our 2017 RACT Submittal action, we
determined that while PCAQCD's SIP revision submittal strengthened the
SIP, the submittal did not fully meet the requirements for RACT SIPs
under the CAA. Our 2017 RACT Submittal action included a final partial
disapproval and limited disapproval action under title I, part D of the
Act, relating to requirements for nonattainment areas. Pursuant to
section 179 of the CAA and our regulations at 40 CFR 52.31, this
partial disapproval and limited disapproval action under title I, part
D started a sanctions clock for imposition of offset sanctions 18
months after the action's effective date of September 9, 2019, and
highway sanctions 6 months later.
On August 5, 2020, PCAQCD revised its rules and adopted additional
negative declarations and on August 20, 2020, ADEQ submitted the
revised rules and negative declarations to the EPA for approval into
the Arizona SIP (2020 RACT Submittal). These negative declarations and
revised rules are intended to address the partial disapproval and
limited disapproval issues under title I, part D that we identified in
our 2017 RACT Submittal action. In the Proposed Rules section of this
Federal Register, we have proposed approval of PCAQCD's 2020 RACT
Submittal. Based on this proposed approval action, we are also taking
this interim final determination, effective on publication, to defer
imposition of the offset sanctions and highway sanctions that were
triggered by our 2017 RACT Submittal action's partial disapproval and
limited disapproval of PCAQCD's RACT SIP and rules, because we believe
that the 2020 RACT Submittal corrects the deficiencies that triggered
such sanctions.\1\
---------------------------------------------------------------------------
\1\ 40 CFR 52.31(d)(2).
---------------------------------------------------------------------------
The EPA is providing the public with an opportunity to comment on
this deferral of sanctions. If comments are submitted that change our
assessment described in this interim final determination and the
proposed full approval of PCAQCD's 2020 RACT Submittal with respect to
the title I, part D deficiencies identified in our 2017 RACT Submittal
action, we would take final action to lift this deferral of sanctions
under 40 CFR 52.31. If no comments are submitted that change our
assessment, then all sanctions and any sanction clocks triggered by our
2017 RACT Submittal action would be permanently terminated on the
effective date of our final approval of PCAQCD's 2020 RACT Submittal.
II. EPA Action
We are making an interim final determination to defer CAA section
179 sanctions associated with our partial disapproval and limited
disapproval action on August 9, 2019 of PCAQCD's RACT SIP and rules
with respect to the requirements of part D of title I of the CAA. This
determination is based on our concurrent proposal to fully approve
PCAQCD's 2020 RACT Submittal, which resolves the deficiencies that
triggered sanctions under section 179 of the CAA.
Because the EPA has preliminarily determined that PCAQCD's 2020
RACT Submittal addresses the deficiencies under part D of title I of
the CAA identified in our 2017 RACT Submittal action and is fully
approvable, relief from sanctions should be provided as quickly as
possible. Therefore, the EPA is invoking the good cause exception under
the Administrative Procedure Act (APA) in not providing an opportunity
for comment before this action takes effect (5 U.S.C. 553(b)(3)).
However, by this action, the EPA is providing the public with a chance
to comment on the EPA's determination after the effective date, and the
EPA will consider any comments received in determining whether to
reverse such action.
The EPA believes that notice-and-comment rulemaking before the
effective date of this action is impracticable and contrary to the
public interest. The EPA has reviewed the State's submittal and,
through its proposed action, is indicating that it is more likely than
not that the State has submitted a revision to the SIP that corrects
deficiencies under part D of the Act that were the basis for the action
that started the sanctions clocks. Therefore, it is not in the public
interest to impose sanctions. The EPA believes that it is necessary to
use the interim final rulemaking process to defer sanctions while the
EPA completes its rulemaking process on the approvability of the
State's submittal. Moreover, with respect to the effective date of this
action, the EPA is invoking the good cause exception to the 30-day
notice requirement of the APA because the
[[Page 12829]]
purpose of this notice is to relieve a restriction (5 U.S.C.
553(d)(1)).
III. Statutory and Executive Order Reviews
This action defers sanctions and imposes no additional
requirements. 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 those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
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).
Is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. The CRA 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 comment rulemaking procedures are
impracticable, unnecessary or contrary to the public interest (5 U.S.C.
808(2)). The EPA has made a good cause finding for this rule as
discussed in section II of this preamble, including the basis for that
finding.
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 May 4, 2021. Filing a petition for
reconsideration by the EPA Administrator of this final rule does not
affect the finality of this rule for the purpose of judicial review nor
does it extend the time within which 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 CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 23, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-04388 Filed 3-4-21; 8:45 am]
BILLING CODE 6560-50-P