Air Plan Approval; Rhode Island; Control of Volatile Organic Compound Emissions, 17071-17073 [2021-06616]
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations
Guard Patrol Commander enforcing the
safety zones can be contacted on VHF–
FM channels 16 and 22A.
(5) Coast Guard Sector San Juan will
notify the marine community of periods
during which these safety zones will be
in effect by providing notice to mariners
in accordance with § 165.7.
(6) All persons and vessels must
comply with the instructions of onscene patrol personnel. On-scene patrol
personnel include commissioned,
warrant, or petty officers of the U.S.
Coast Guard. Coast Guard Auxiliary and
local or state officials may be present to
inform vessel operators of the
requirements of this section, and other
applicable laws.
Dated: January 11, 2021.
G.H. Magee,
Captain, U.S. Coast Guard, Captain of the
Port San Juan.
[FR Doc. 2021–06750 Filed 3–31–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
I. Background and Purpose
II. Public Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
40 CFR Part 52
[EPA–R01–OAR–2020–0712; FRL–10022–
16–Region 1]
Air Plan Approval; Rhode Island;
Control of Volatile Organic Compound
Emissions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Rhode Island.
These revisions update Rhode Island air
pollution control regulations for volatile
organic compound (VOC) emissions
from consumer products and
architectural and industrial
maintenance coatings. The intended
effect of this action is to approval the
revised regulations. This action is being
taken under the Clean Air Act.
DATES: This rule is effective on May 3,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0712. 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
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SUMMARY:
VerDate Sep<11>2014
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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:
David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection
Agency, EPA Region 1, 5 Post Office
Square—Suite 100, (Mail code 05–2),
Boston, MA 02109–3912, tel. 617–918–
1584, email Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background and Purpose
On February 8, 2021 (86 FR 8564),
EPA issued a notice of proposed
rulemaking (NPRM) for Rhode Island. In
the NPRM, EPA proposed approval of
SIP revisions submitted by Rhode Island
on January 24, 2020 and revised by
Rhode Island on April 1, 2020, and
December 28, 2020. The SIP revisions
contain two revised air pollution control
regulations 250–RICR–120–05–31,
‘‘Control of Volatile Organic
Compounds from Consumer Products’’
and 250–RICR–120–05–33, ‘‘Control of
Volatile Organic Compounds from
Architectural Coatings and Industrial
Maintenance Coatings.’’ These revised
regulations became effective in Rhode
Island on January 9, 2017 and July 21,
2020, respectively. In each regulation
Rhode Island has submitted to EPA for
incorporation into the SIP, its
subsection 2 ‘‘Application’’ has been
stricken from the rule. Rhode Island
notes that this language is only relevant
in Rhode Island and not incorporated
into the Rhode Island SIP.
The NPRM provides the rationale for
EPA’s proposed approval, which will
not be restated here.
II. Public Comment
EPA received four comments in
response to the NPRM. The four
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17071
comments support EPA’s proposal to
approve the Rhode Island SIP revisions.
III. Final Action
EPA is approving the Rhode Island
SIP revisions consisting of two revised
regulations 250–RICR–120–05–31,
‘‘Control of Volatile Organic
Compounds from Consumer Products’’
and 250–RICR–120–05–33, ‘‘Control of
Volatile Organic Compounds from
Architectural Coatings and Industrial
Maintenance Coatings,’’ excluding the
Application subsections 31.2 and 33.2
respectively.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Rhode
Island regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
generally available through https://
www.regulations.gov and at the EPA
Region 1 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
state implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.1
V. 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);
1 62
E:\FR\FM\01APR1.SGM
FR 27968 (May 22, 1997).
01APR1
17072
Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations
• 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 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. 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).
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 June 1, 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, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: March 24, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
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 OO—Rhode Island
2. Section 52.2070 is amended in the
table in paragraph (c) by revising the
entries for ‘‘Air Pollution Control
Regulation 31’’ and ‘‘Air Pollution
Control Regulation 33’’ to read as
follows:
■
§ 52.2070
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED RHODE ISLAND REGULATIONS
State
citation
*
Air Pollution
Control Regulation 31.
*
Control of VOCs from Commercial and Consumer
Products.
*
*
Air Pollution
Control Regulation 33.
*
Control of VOCs from Architectural Coatings and Industrial Maintenance Coatings.
*
*
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State
effective
date
Title/subject
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7/21/2020
*
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EPA
approval date
Explanations
*
4/1/2021 [Insert Federal
Register citation].
*
*
*
All of APCR No. 31 is approved with the exception of 31.2
‘‘Application’’ which the state did not submit as part of the
SIP revision.
*
4/1/2021 [Insert Federal
Register citation].
*
*
*
All of APCR No. 33 is approved with the exception of 33.2
‘‘Application’’ which the state did not submit as part of the
SIP revision.
*
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Federal Register / Vol. 86, No. 61 / Thursday, April 1, 2021 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
whose disclosure is restricted by statute.
Certain other material is not available
on the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
40 CFR Part 80
FOR FURTHER INFORMATION CONTACT:
*
*
*
*
*
[FR Doc. 2021–06616 Filed 3–31–21; 8:45 am]
BILLING CODE 6560–50–P
[EPA–HQ–OAR–2020–0725; FRL–10021–95–
OAR]
RIN 2060–AV07
Extension of 2019 and 2020 Renewable
Fuel Standard Compliance and Attest
Engagement Reporting Deadlines
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Dates.
Section 553(d) of the Administrative
Procedure Act (APA), 5 U.S.C. chapter
5, generally provides that rules may not
take effect until 30 days after they are
published in the Federal Register. EPA
is issuing this final rule under CAA sec.
307(d), which states, ‘‘The provisions of
section 553 through 557 . . . of Title 5
shall not, except as expressly provided
in this section, apply to actions to
which this subsection applies.’’ Thus,
section 553(d) of the APA does not
apply to this rule. EPA is nevertheless
acting consistently with the policies
underlying APA section 553(d) in
making this final rule effective upon
signature. The purpose of this APA
provision is to ‘‘give affected parties a
reasonable time to adjust their behavior
before the final rule takes effect.’’
Omnipoint Corp. v. Fed. Commc’n
Comm’n, 78 F.3d 620, 630 (D.C. Cir.
1996); see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 (8th Cir.
1977) (quoting legislative history).
However, when an agency grants or
recognizes an exemption or relieves a
restriction, affected parties do not need
a reasonable time to adjust because the
effect is not adverse. Thus, APA section
553(d) allows an effective date less than
30 days after publication for any rule
that ‘‘grants or recognizes an exemption
or relieves a restriction’’ (see 5 U.S.C.
553(d)(1)). An accelerated effective date
may also be appropriate for good cause
pursuant to APA section 553(d)(3)
where an agency can ‘‘balance the
necessity for immediate implementation
against principles of fundamental
SUPPLEMENTARY INFORMATION:
The Environmental Protection
Agency (EPA) is finalizing
modifications of certain compliance
dates under the Renewable Fuel
Standard (RFS) program. First, EPA is
extending the RFS compliance deadline
for the 2019 compliance year and the
associated deadline for submission of
attest engagement reports for the 2019
compliance year for small refineries.
The new deadlines are November 30,
2021, and June 1, 2022, respectively.
Second, EPA is extending the RFS
compliance deadline for the 2020
compliance year and the associated
deadline for submission of attest
engagement reports for the 2020
compliance year for obligated parties.
The new deadlines are January 31, 2022,
and June 1, 2022, respectively. Finally,
EPA is extending the deadline for
submission of attest engagement reports
for the 2021 compliance year for
obligated parties to September 1, 2022.
DATES: This final rule is effective on
March 30, 2021.
Operational dates: For operational
purposes under the Clean Air Act, this
final rule is effective as of March 23,
2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2020–0725. 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., CBI or other information
SUMMARY:
For
questions regarding this action, contact
Lauren Michaels, Office of
Transportation and Air Quality,
Assessment and Standards Division,
Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI
48105; telephone number: (734) 214–
4640; email address: michaels.lauren@
epa.gov.
NAICS 1 code
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Category
Industry
Industry
Industry
Industry
Industry
Industry
Industry
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17073
fairness which require that all affected
persons be afforded a reasonable
amount of time to prepare for the
effective date of its ruling.’’ Gavrilovic,
551 F.2d at 1105.
EPA has determined that the
regulatory amendments to 40 CFR part
80, subpart M, are operational upon
signature because they relieve a
restriction by extending the 2019 and
2020 compliance deadlines (and
associated attest engagement report
deadlines) ahead of the otherwise
imminent 2020 RFS compliance
deadline of March 31, 2021, thereby
providing obligated parties with
additional time to demonstrate
compliance. There is additionally good
cause for immediate implementation of
these provisions because pending
litigation in the Supreme Court makes it
necessary for this rule to go into effect
prior to March 31, 2021, to ensure
regulated entities do not begin
complying with removed regulatory
obligations. Among other actions, EPA
is today extending the regulatory
deadline for small refineries to comply
with their 2019 RFS obligations from
March 31, 2020, to November 30, 2021,
because litigation pending before the
United States Supreme Court is
expected to resolve legal questions
regarding some small refineries’
eligibility to receive annual exemptions
from their 2019 regulatory obligations.
EPA is also extending the regulatory
deadline for all obligated parties to
comply with their 2020 RFS obligations,
from March 31, 2021, to January 31,
2022, which is required because of
agency delay in promulgating future
RFS compliance obligations and the
corresponding impact on compliance
decisions. These actions mean any delay
in the effectiveness of this final rule past
March 31, 2021, would result in
confusion among regulated entities
regarding their compliance obligations.
Does this action apply to me?
Entities potentially affected by this
rule are those involved with the
production, distribution, and sale of
transportation fuels, including gasoline,
diesel, and renewable fuels such as
ethanol, biodiesel, renewable diesel,
and biogas. Potentially affected
categories include:
Examples of potentially affected entities
324110
325193
325199
424690
424710
424720
221210
Petroleum refineries.
Ethyl alcohol manufacturing.
Other basic organic chemical manufacturing.
Chemical and allied products merchant wholesalers.
Petroleum bulk stations and terminals.
Petroleum and petroleum products merchant wholesalers.
Manufactured gas production and distribution.
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]]>Agencies
[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Rules and Regulations]
[Pages 17071-17073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06616]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0712; FRL-10022-16-Region 1]
Air Plan Approval; Rhode Island; Control of Volatile Organic
Compound Emissions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Rhode
Island. These revisions update Rhode Island air pollution control
regulations for volatile organic compound (VOC) emissions from consumer
products and architectural and industrial maintenance coatings. The
intended effect of this action is to approval the revised regulations.
This action is being taken under the Clean Air Act.
DATES: This rule is effective on May 3, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0712. 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: David L. Mackintosh, Air Quality
Branch, U.S. Environmental Protection Agency, EPA Region 1, 5 Post
Office Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel.
617-918-1584, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose
II. Public Comment
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background and Purpose
On February 8, 2021 (86 FR 8564), EPA issued a notice of proposed
rulemaking (NPRM) for Rhode Island. In the NPRM, EPA proposed approval
of SIP revisions submitted by Rhode Island on January 24, 2020 and
revised by Rhode Island on April 1, 2020, and December 28, 2020. The
SIP revisions contain two revised air pollution control regulations
250-RICR-120-05-31, ``Control of Volatile Organic Compounds from
Consumer Products'' and 250-RICR-120-05-33, ``Control of Volatile
Organic Compounds from Architectural Coatings and Industrial
Maintenance Coatings.'' These revised regulations became effective in
Rhode Island on January 9, 2017 and July 21, 2020, respectively. In
each regulation Rhode Island has submitted to EPA for incorporation
into the SIP, its subsection 2 ``Application'' has been stricken from
the rule. Rhode Island notes that this language is only relevant in
Rhode Island and not incorporated into the Rhode Island SIP.
The NPRM provides the rationale for EPA's proposed approval, which
will not be restated here.
II. Public Comment
EPA received four comments in response to the NPRM. The four
comments support EPA's proposal to approve the Rhode Island SIP
revisions.
III. Final Action
EPA is approving the Rhode Island SIP revisions consisting of two
revised regulations 250-RICR-120-05-31, ``Control of Volatile Organic
Compounds from Consumer Products'' and 250-RICR-120-05-33, ``Control of
Volatile Organic Compounds from Architectural Coatings and Industrial
Maintenance Coatings,'' excluding the Application subsections 31.2 and
33.2 respectively.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Rhode
Island regulations described in the amendments to 40 CFR part 52 set
forth below. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov and
at the EPA Region 1 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the state implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. 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);
[[Page 17072]]
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 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. 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).
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 June 1, 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: March 24, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region 1.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
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 OO--Rhode Island
0
2. Section 52.2070 is amended in the table in paragraph (c) by revising
the entries for ``Air Pollution Control Regulation 31'' and ``Air
Pollution Control Regulation 33'' to read as follows:
Sec. 52.2070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Rhode Island Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanations
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Air Pollution Control Control of VOCs 1/9/2017 4/1/2021 [Insert All of APCR No. 31 is
Regulation 31. from Commercial Federal Register approved with the
and Consumer citation]. exception of 31.2
Products. ``Application'' which
the state did not
submit as part of the
SIP revision.
* * * * * * *
Air Pollution Control Control of VOCs 7/21/2020 4/1/2021 [Insert All of APCR No. 33 is
Regulation 33. from Federal Register approved with the
Architectural citation]. exception of 33.2
Coatings and ``Application'' which
Industrial the state did not
Maintenance submit as part of the
Coatings. SIP revision.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 17073]]
* * * * *
[FR Doc. 2021-06616 Filed 3-31-21; 8:45 am]
BILLING CODE 6560-50-P
