Court Vacatur of Exemption From Emission Standards During Periods of Startup, Shutdown, and Malfunction, 13819-13821 [2021-04936]
Download as PDF
<![CDATA[
13819
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Ozone, Volatile organic
compounds.
Performance for Existing Affected
Facilities’’ by revising the entry for
‘‘6.21’’ and under ‘‘Reg 7—Standards of
Performance for New Affected
Facilities’’ by revising the entry for
‘‘7.20’’ to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Dated: March 5, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
Authority: 42 U.S.C. 7401 et seq.
§ 52.920
*
Subpart S—Kentucky
For the reason stated in the preamble,
the EPA amends 40 CFR part 52 as
follows:
2. Section 52.920(c), Table 2, is
amended under ‘‘Reg 6—Standards of
■
Identification of plan.
*
*
(c) * * *
*
*
TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
Reg
EPA approval
date
Title/subject
*
*
Federal Register
notice
*
*
District
effective
date
Explanation
*
*
*
Reg 6—Standards of Performance for Existing Affected Facilities
*
*
Standard of Performance for Existing
Gasoline Loading Facilities at Bulk
Terminals.
6.21
*
*
3/11/2021
*
*
[Insert citation of
publication].
*
*
*
6/19/2019
*
*
Except for the phrase ‘‘or an alternate
procedure approved by the District’’
in subsection 3.6.4.2.
*
*
*
Reg 7—Standards of Performance for New Affected Facilities
7.20
Standard of Performance for New
Gasoline Loading Facilities at Bulk
Plants.
*
*
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0121; FRL–10021–
07–Region 9]
Air Plan Approval; California; South
Coast Air Quality Management District;
Ventura County Air Pollution Control
District; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
The Environmental Protection
Agency (EPA) is correcting a final rule
that appeared in the Federal Register on
February 24, 2021. That rule approved
South Coast Air Quality Management
District Rule 1168 and Ventura County
Air Pollution Control District Rule 74.20
as revisions to the California State
Implementation Plan (SIP).
SUMMARY:
16:13 Mar 10, 2021
*
6/19/19
This correction is effective on
March 26, 2021.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3024 or by
email at lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION: In FR Doc.
2021–02909 appearing on page 11131 in
the Federal Register of Wednesday,
February 24, 2021, the following
corrections are made:
Jkt 253001
§ 52.220
Except for the phrase ‘‘or an alternate
procedure approved by the District’’
in subsection 3.11.1.2.
*
DATES:
BILLING CODE 6560–50–P
VerDate Sep<11>2014
[Insert citation of
publication].
*
[FR Doc. 2021–05049 Filed 3–10–21; 8:45 am]
khammond on DSKJM1Z7X2PROD with RULES
3/11/2021
[Corrected]
*
*
Dated: March 4, 2021.
Deborah Jordan
Acting Regional Administrator, Region IX.
[FR Doc. 2021–04987 Filed 3–10–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2004–0094; FRL–10019–05–
OAR]
RIN 2060–AU98
1. On page 11131, in the second
column, in part 52, instruction 2,
‘‘Section 52.220 is amended by adding
paragraphs (c)(362)(i)(B)(3),
(c)(429)(i)(A)(7), (c)(518)(i)(C), and
(c)(545) to read as follows:’’ Is corrected
to read ‘‘Section 52.220 is amended by
adding paragraphs (c)(362)(i)(B)(3),
(c)(429)(i)(A)(7), (c)(518)(i)(D), and
(c)(545) to read as follows:’’
■ 2. On page 11131, at the top of the
third column, ‘‘(C) South Coast Air
Quality Management District.’’ is
corrected to read ‘‘(D) South Coast Air
Quality Management District.’’
■
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
Court Vacatur of Exemption From
Emission Standards During Periods of
Startup, Shutdown, and Malfunction
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is amending
the Code of Federal Regulations (CFR) to
reflect a court order regarding the
General Provisions for National
Emissions Standards for Hazardous Air
Pollutants (NESHAP) issued on
SUMMARY:
E:\FR\FM\11MRR1.SGM
11MRR1
khammond on DSKJM1Z7X2PROD with RULES
13820
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
December 19, 2008, by the United States
Court of Appeals for the District of
Columbia Circuit (the court). The court
vacated two provisions in the General
Provisions that exempted sources from
hazardous air pollutant (HAP) nonopacity and opacity emission standards
during periods of startup, shutdown,
and malfunction (SSM). The court held
that under the Clean Air Act (CAA),
emissions standards or limitations must
be continuous in nature and that the
SSM exemptions in these two
provisions violate this requirement.
This ministerial action revises these two
NESHAP General Provisions in the CFR
to conform to the court’s order.
DATES: This final rule is effective on
March 11, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2004–0094. All
documents in the docket are listed in
https://www.regulations.gov/. Although
listed, 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. With
the exception of such material, publicly
available docket materials are available
electronically in https://
www.regulations.gov/. Out of an
abundance of caution for members of
the public and our staff, the EPA Docket
Center and Reading Room are closed to
the public, with limited exceptions, to
reduce the risk of transmitting COVID–
19. Our Docket Center staff will
continue to provide remote customer
service via email, phone, and webform.
The EPA continues to carefully and
continuously monitor information from
the Centers for Disease Control and
Prevention, local area health
departments, and our Federal partners
so that we can respond rapidly as
conditions change regarding COVID–19.
For further information and updates on
EPA Docket Center services, please visit
us online at https://www.epa.gov/
dockets or call the Public Reading Room
at (202) 566–1744 or the EPA Docket
Center at (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Lisa
Conner, Sector Policies and Programs
Division (D205–02), Office of Air
Quality Planning and Standards, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, telephone number: (919) 541–
5060; fax number: (919) 541–4991;
email address: conner.lisa@epa.gov. You
may also consult your state or local
permitting representative or the
VerDate Sep<11>2014
16:13 Mar 10, 2021
Jkt 253001
appropriate EPA Regional office
representative.
SUPPLEMENTARY INFORMATION:
Organization of this document. The
information in this preamble is
organized as follows:
I. Why is the EPA issuing this final rule?
II. Background
III. Which provisions are being
amended?
IV. Statutory and Executive Order
Reviews
I. Why is the EPA issuing this final
rule?
This action is amending the CFR to
reflect the 2008 court decision in Sierra
Club v. EPA vacating 40 CFR 63.6(f)(1)
and (h)(1). Section 553 of the
Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B) provides that, when an
agency for good cause finds that notice
and public procedures are
impracticable, unnecessary or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
The EPA has determined that there is
good cause for amending these
provisions without prior proposal and
opportunity for public procedures
because the correction of the CFR is a
ministerial act to effectuate the court
order and public notice and comment is
unnecessary and would serve no useful
purpose. Removal of the two SSM
exemptions in the General Provisions of
the NESHAP at 40 CFR 63.6(f)(1) and
(h)(1) has no legal effect beyond
fulfilling the court’s vacatur in Sierra
Club v. EPA, 551 F. 3d 1019 (D.C. Cir.
2008) and is ministerial in nature. The
court issued the mandate for its decision
on October 16, 2009, at which point the
vacatur became effective.
II. Background
The NESHAP program implementing
requirements in section 112 of the CAA
regulates over 100 industrial source
categories that emit HAP. The NESHAP
regulations applicable to specific source
categories are organized by subparts
within part 63 of 40 CFR.1 As a
component of 40 CFR part 63, the EPA
established subpart A which contains
the General Provisions and, when
incorporated by reference within a
specific source category NESHAP,
eliminates unnecessary repetition of
general information and requirements
that often apply (e.g., emission testing,
monitoring, recordkeeping, and
1 A list of the source categories regulated in the
NESHAP program can be found at: https://
www.epa.gov/stationary-sources-air-pollution/
national-emission-standards-hazardous-airpollutants-neshap-9.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
reporting provisions). As a result, the
General Provisions contain
requirements that are general in nature
and apply only if the source categoryspecific NESHAP subpart states that
some (or all) of the subpart A
requirements apply. See 59 FR 12408,
12408/3 (March 16, 1994) (‘‘1994
Rule’’). The General Provisions have the
legal force and effect of emission
standards when incorporated by
reference into a NESHAP. 40 CFR
63.1(a)(4).
Beginning in 2002, the Sierra Club
and various other environmental groups
filed petitions seeking judicial review of
the SSM exemptions in the NESHAP
General Provisions in 40 CFR part 63,
subpart A. In response to these
petitions, the court vacated portions of
two provisions governing the emissions
of HAP during periods of SSM. Sierra
Club v. EPA, 551 F. 3d 1019 (D.C. Cir.
2008). Specifically, the court vacated
the SSM exemptions contained in 40
CFR 63.6(f)(1) and (h)(1) of the General
Provisions. When incorporated by
reference into the NESHAP regulations
for specific source categories, these two
provisions exempted sources from the
requirement to comply with the
otherwise applicable emission standards
during periods of SSM. The court held
that under CAA section 302(k),
emissions standards or limitations
issued pursuant to section 112 of the
CAA must be continuous in nature and
that the SSM exemptions in 40 CFR
63.6(f)(1) and (h)(1) violate this CAA
requirement.
As noted above, the court mandated
its decision on October 16, 2009,
making it immediately effective.
However, 40 CFR part 63, subpart A, has
not yet been amended in the record.
Since then, the EPA has been codifying
the court decision by modifying SSM
exemptions in individual NESHAP as
they are opened for review and
modification.
III. Which provisions are being
amended?
This final rule amends the NESHAP
General Provisions at 40 CFR part 63,
subpart A, to remove universally the
SSM exemptions contained in 40 CFR
63.6(f)(1) and (h)(1) from non-opacity
and opacity emission standards,
respectively, by deleting the phrase
‘‘except during periods of startup,
shutdown, and malfunction.’’ As
explained above, removal of the
exemptions corrects the CFR to conform
to the court’s order in Sierra Club v.
EPA and so is ministerial in nature and
has no legal effect. The legal effect of the
vacatur occurred upon the court’s
E:\FR\FM\11MRR1.SGM
11MRR1
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
decision in 2008 and subsequently in
the court’s mandate issued in 2009.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was, therefore, not
submitted to the Office of Management
and Budget for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden, or otherwise has a
positive economic effect on the small
entities subject to the rule. This
regulatory action is ministerial in nature
as it codifies a court issued mandate
vacating regulatory provisions. We have,
therefore, concluded that this action
will have no net regulatory burden for
all directly regulated small entities.
khammond on DSKJM1Z7X2PROD with RULES
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538. This action
imposes no enforceable duty on any
state, local, or tribal governments or the
private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It 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 government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
VerDate Sep<11>2014
16:13 Mar 10, 2021
Jkt 253001
Order 13175. The action presents no
additional burden on implementing
authorities beyond existing
requirements. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This
regulatory action is ministerial in nature
as it codifies a court issued mandate
vacating regulatory provisions and does
not have any impact on human health
or the environment.
K. Congressional Review Act (CRA)
This action 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
in section I of this preamble, including
the basis for that finding.
PO 00000
Frm 00017
Fmt 4700
Sfmt 9990
13821
List of Subjects for 40 CFR Part 63
Environmental protection,
Administrative practice and procedures,
Air pollution control, General
Provisions, Hazardous substances.
Jane Nishida,
Acting Administrator.
For the reasons set forth in the
preamble, the EPA amends 40 CFR part
63 as follows:
PART 63—NATIONAL EMISSION
STANDARDS FOR HAZARDOUS AIR
POLLUTANTS FOR SOURCE
CATEGORIES
1. The authority citation for part 63
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart A—General Provisions
2. Revise § 63.6(f)(1) and (h)(1) to read
as follows:
■
§ 63.6 Compliance with standards and
maintenance requirements.
*
*
*
*
*
(f) * * *
(1) Applicability. The non-opacity
emission standards set forth in this part
shall apply at all times except as
otherwise specified in an applicable
subpart. If a startup, shutdown, or
malfunction of one portion of an
affected source does not affect the
ability of particular emission points
within other portions of the affected
source to comply with the non-opacity
emission standards set forth in this part,
then that emission point must still be
required to comply with the non-opacity
emission standards and other applicable
requirements.
*
*
*
*
*
(h) * * *
(1) Applicability. The opacity and
visible emission standards set forth in
this part must apply at all times except
as otherwise specified in an applicable
subpart. If a startup, shutdown, or
malfunction of one portion of an
affected source does not affect the
ability of particular emission points
within other portions of the affected
source to comply with the opacity and
visible emission standards set forth in
this part, then that emission point shall
still be required to comply with the
opacity and visible emission standards
and other applicable requirements.
*
*
*
*
*
[FR Doc. 2021–04936 Filed 3–10–21; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\11MRR1.SGM
11MRR1
]]>Agencies
[Federal Register Volume 86, Number 46 (Thursday, March 11, 2021)]
[Rules and Regulations]
[Pages 13819-13821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04936]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2004-0094; FRL-10019-05-OAR]
RIN 2060-AU98
Court Vacatur of Exemption From Emission Standards During Periods
of Startup, Shutdown, and Malfunction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency (EPA) is amending the
Code of Federal Regulations (CFR) to reflect a court order regarding
the General Provisions for National Emissions Standards for Hazardous
Air Pollutants (NESHAP) issued on
[[Page 13820]]
December 19, 2008, by the United States Court of Appeals for the
District of Columbia Circuit (the court). The court vacated two
provisions in the General Provisions that exempted sources from
hazardous air pollutant (HAP) non-opacity and opacity emission
standards during periods of startup, shutdown, and malfunction (SSM).
The court held that under the Clean Air Act (CAA), emissions standards
or limitations must be continuous in nature and that the SSM exemptions
in these two provisions violate this requirement. This ministerial
action revises these two NESHAP General Provisions in the CFR to
conform to the court's order.
DATES: This final rule is effective on March 11, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2004-0094. All documents in the docket are
listed in https://www.regulations.gov/. Although listed, 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. With the exception of such material, publicly available docket
materials are available electronically in https://www.regulations.gov/.
Out of an abundance of caution for members of the public and our staff,
the EPA Docket Center and Reading Room are closed to the public, with
limited exceptions, to reduce the risk of transmitting COVID-19. Our
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. The EPA continues to carefully and
continuously monitor information from the Centers for Disease Control
and Prevention, local area health departments, and our Federal partners
so that we can respond rapidly as conditions change regarding COVID-19.
For further information and updates on EPA Docket Center services,
please visit us online at https://www.epa.gov/dockets or call the
Public Reading Room at (202) 566-1744 or the EPA Docket Center at (202)
566-1742.
FOR FURTHER INFORMATION CONTACT: Lisa Conner, Sector Policies and
Programs Division (D205-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, telephone number: (919) 541-5060; fax
number: (919) 541-4991; email address: [email protected]. You may
also consult your state or local permitting representative or the
appropriate EPA Regional office representative.
SUPPLEMENTARY INFORMATION:
Organization of this document. The information in this preamble is
organized as follows:
I. Why is the EPA issuing this final rule?
II. Background
III. Which provisions are being amended?
IV. Statutory and Executive Order Reviews
I. Why is the EPA issuing this final rule?
This action is amending the CFR to reflect the 2008 court decision
in Sierra Club v. EPA vacating 40 CFR 63.6(f)(1) and (h)(1). Section
553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(3)(B) provides
that, when an agency for good cause finds that notice and public
procedures are impracticable, unnecessary or contrary to the public
interest, the agency may issue a rule without providing notice and an
opportunity for public comment. The EPA has determined that there is
good cause for amending these provisions without prior proposal and
opportunity for public procedures because the correction of the CFR is
a ministerial act to effectuate the court order and public notice and
comment is unnecessary and would serve no useful purpose. Removal of
the two SSM exemptions in the General Provisions of the NESHAP at 40
CFR 63.6(f)(1) and (h)(1) has no legal effect beyond fulfilling the
court's vacatur in Sierra Club v. EPA, 551 F. 3d 1019 (D.C. Cir. 2008)
and is ministerial in nature. The court issued the mandate for its
decision on October 16, 2009, at which point the vacatur became
effective.
II. Background
The NESHAP program implementing requirements in section 112 of the
CAA regulates over 100 industrial source categories that emit HAP. The
NESHAP regulations applicable to specific source categories are
organized by subparts within part 63 of 40 CFR.\1\ As a component of 40
CFR part 63, the EPA established subpart A which contains the General
Provisions and, when incorporated by reference within a specific source
category NESHAP, eliminates unnecessary repetition of general
information and requirements that often apply (e.g., emission testing,
monitoring, recordkeeping, and reporting provisions). As a result, the
General Provisions contain requirements that are general in nature and
apply only if the source category-specific NESHAP subpart states that
some (or all) of the subpart A requirements apply. See 59 FR 12408,
12408/3 (March 16, 1994) (``1994 Rule''). The General Provisions have
the legal force and effect of emission standards when incorporated by
reference into a NESHAP. 40 CFR 63.1(a)(4).
---------------------------------------------------------------------------
\1\ A list of the source categories regulated in the NESHAP
program can be found at: https://www.epa.gov/stationary-sources-air-pollution/national-emission-standards-hazardous-air-pollutants-neshap-9.
---------------------------------------------------------------------------
Beginning in 2002, the Sierra Club and various other environmental
groups filed petitions seeking judicial review of the SSM exemptions in
the NESHAP General Provisions in 40 CFR part 63, subpart A. In response
to these petitions, the court vacated portions of two provisions
governing the emissions of HAP during periods of SSM. Sierra Club v.
EPA, 551 F. 3d 1019 (D.C. Cir. 2008). Specifically, the court vacated
the SSM exemptions contained in 40 CFR 63.6(f)(1) and (h)(1) of the
General Provisions. When incorporated by reference into the NESHAP
regulations for specific source categories, these two provisions
exempted sources from the requirement to comply with the otherwise
applicable emission standards during periods of SSM. The court held
that under CAA section 302(k), emissions standards or limitations
issued pursuant to section 112 of the CAA must be continuous in nature
and that the SSM exemptions in 40 CFR 63.6(f)(1) and (h)(1) violate
this CAA requirement.
As noted above, the court mandated its decision on October 16,
2009, making it immediately effective. However, 40 CFR part 63, subpart
A, has not yet been amended in the record. Since then, the EPA has been
codifying the court decision by modifying SSM exemptions in individual
NESHAP as they are opened for review and modification.
III. Which provisions are being amended?
This final rule amends the NESHAP General Provisions at 40 CFR part
63, subpart A, to remove universally the SSM exemptions contained in 40
CFR 63.6(f)(1) and (h)(1) from non-opacity and opacity emission
standards, respectively, by deleting the phrase ``except during periods
of startup, shutdown, and malfunction.'' As explained above, removal of
the exemptions corrects the CFR to conform to the court's order in
Sierra Club v. EPA and so is ministerial in nature and has no legal
effect. The legal effect of the vacatur occurred upon the court's
[[Page 13821]]
decision in 2008 and subsequently in the court's mandate issued in
2009.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget for
review.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. This regulatory action is ministerial in
nature as it codifies a court issued mandate vacating regulatory
provisions. We have, therefore, concluded that this action will have no
net regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. This action imposes no enforceable duty on
any state, local, or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It 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 government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. The action presents no additional burden on
implementing authorities beyond existing requirements. Thus, Executive
Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This regulatory action is
ministerial in nature as it codifies a court issued mandate vacating
regulatory provisions and does not have any impact on human health or
the environment.
K. Congressional Review Act (CRA)
This action 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 in
section I of this preamble, including the basis for that finding.
List of Subjects for 40 CFR Part 63
Environmental protection, Administrative practice and procedures,
Air pollution control, General Provisions, Hazardous substances.
Jane Nishida,
Acting Administrator.
For the reasons set forth in the preamble, the EPA amends 40 CFR
part 63 as follows:
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
0
2. Revise Sec. 63.6(f)(1) and (h)(1) to read as follows:
Sec. 63.6 Compliance with standards and maintenance requirements.
* * * * *
(f) * * *
(1) Applicability. The non-opacity emission standards set forth in
this part shall apply at all times except as otherwise specified in an
applicable subpart. If a startup, shutdown, or malfunction of one
portion of an affected source does not affect the ability of particular
emission points within other portions of the affected source to comply
with the non-opacity emission standards set forth in this part, then
that emission point must still be required to comply with the non-
opacity emission standards and other applicable requirements.
* * * * *
(h) * * *
(1) Applicability. The opacity and visible emission standards set
forth in this part must apply at all times except as otherwise
specified in an applicable subpart. If a startup, shutdown, or
malfunction of one portion of an affected source does not affect the
ability of particular emission points within other portions of the
affected source to comply with the opacity and visible emission
standards set forth in this part, then that emission point shall still
be required to comply with the opacity and visible emission standards
and other applicable requirements.
* * * * *
[FR Doc. 2021-04936 Filed 3-10-21; 8:45 am]
BILLING CODE 6560-50-P
