Air Plan Approval; OR; Updates to Adoption by Reference of Federal Provisions, 17569-17571 [2021-06924]

Download as PDF Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules EPA Region 9, August 21, 2001 (the Little Bluebook). 4. ‘‘Alternative Control Techniques Document—NOX Emissions from Industrial/ Commercial/Institutional (ICI) Boilers’’ (EPA–453/R–94–022, March 1994). 5. ‘‘Alternative Control Techniques Document—NOX Emissions from Process Heaters (Revised),’’ revised September 1993 (EPA–453/R–93–034 1993/09). 6. ‘‘Alternative Control Techniques Document—NOX Emissions from Stationary Reciprocating Internal Combustion Engines’’ (EPA–453/R–93–032, July 1993). B. Do the rules meet the evaluation criteria? These rules are consistent with CAA requirements and relevant guidance regarding enforceability, RACT, and SIP revisions. The TSDs have more information on our evaluation. C. The EPA’s Recommendations To Further Improve the Rules The TSDs describe additional rule revisions that we recommend for the next time the local agencies modify their rules. D. Public Comment and Proposed Action As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rules because they fulfill all relevant requirements. We will accept comments from the public on this proposal until May 5, 2021. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP. jbell on DSKJLSW7X2PROD with PROPOSALS III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the California air district rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region IX Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed 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). In addition, the SIP 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 17569 Authority: 42 U.S.C. 7401 et seq. Dated: March 30, 2021. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2021–06928 Filed 4–2–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2021–0212, FRL–10018– 33–Region 10] Air Plan Approval; OR; Updates to Adoption by Reference of Federal Provisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Oregon State Implementation Plan (SIP) submitted on January 29, 2021. The revision updates the date by which Federal provisions are adopted by reference into the Oregon SIP, making air quality requirements more current. DATES: Comments must be received on or before May 5, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R10– OAR–2021–0212, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from https:// www.regulations.gov. The EPA may publish any comment received to its public docket. Do not electronically submit any information you consider to be Confidential Business Information (CBI) or other information the disclosure of which 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, 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. FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 Sixth Avenue, Suite 155, Seattle, WA 98101, SUMMARY: E:\FR\FM\05APP1.SGM 05APP1 17570 Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules at (206) 553–6357 or hall.kristin@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means the EPA. Table of Contents I. Background II. Evaluation of Submission III. Proposed Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background A. State Implementation Plan Each state has a State Implementation Plan (SIP) containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS) established by the EPA for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, sulfur dioxide). The SIP must meet the requirements of CAA section 110 and revisions to the SIP must be submitted to and approved by the EPA. The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, attainment demonstrations, and enforcement mechanisms. The SIP is a living compilation of these elements and is revised and updated by the State over time—to keep pace with Federal requirements and to address changing air quality issues in the State. The Oregon SIP is codified in the Code of Federal Regulations (CFR) at 40 CFR part 52, subpart MM. Oregon routinely revises the SIP and submits the changes to the EPA for approval. jbell on DSKJLSW7X2PROD with PROPOSALS II. Evaluation of Submission On January 29, 2021, the Oregon Department of Environmental Quality submitted a SIP revision to the EPA for approval. The revision, State effective January 21, 2021, updates the adoption by reference of Federal requirements used throughout the Oregon air quality rules. Oregon’s air quality rules are codified in Divisions 200 through 268 of Chapter 340 of the Oregon Administrative Rules (OAR). Specifically, Oregon revised OAR 340–200–0035 and OAR 340–244–0030 to state that all references to the CFR are updated from July 1, 2018 to July 1, 2020. We propose to approve the submitted change to OAR 340–200– 0035 because it serves to bring the Oregon SIP up-to-date and is consistent with CAA section 110 requirements. For the same reasons, we propose to approve the change to OAR 340–244– 0030, except that, consistent with our VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 prior action on October 27, 2015, we propose to approve it only to the extent needed to implement the requirements for gasoline dispensing facilities in Division 244 that are approved into the SIP for the purposes of regulating VOC emissions (80 FR 65655). Similarly, we propose to clarify our approval of Division 244 into the Oregon SIP, codified at 40 CFR 52.1970(c), by revising footnote 3 in Table 2 to read, ‘‘The EPA approves Division 244 only to the extent needed to implement the requirements for gasoline dispensing facilities that are approved into the SIP for the purpose of regulating VOC emissions.’’ This language is consistent with our October 27, 2015 action (80 FR 65655). III. Proposed Action The EPA is proposing to approve, and incorporate by reference, revisions to the Oregon SIP submitted on January 29, 2021. Upon final approval, the Oregon SIP will include the following regulations, State effective January 21, 2021: • OAR 340–200–0035, Reference Materials; and • OAR 340–244–0030, General Provisions for Stationary Sources: Definitions, only to the extent needed to implement the requirements for gasoline dispensing facilities in Division 244 that are approved into the SIP for the purposes of regulating VOC emissions. IV. Incorporation by Reference In this document, the EPA is proposing to include in a final rule, regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the provisions described in Section III of this document. The EPA has made, and will continue to make, these documents generally available through https:// www.regulations.gov and at the EPA Region 10 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to approve State choices, provided that they meet the criteria of the CAA. Accordingly, this proposed action merely approves State law as meeting Federal requirements and does PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 not impose additional requirements beyond those imposed by State law. For that reason, this proposed action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of the requirements would be inconsistent with the CAA; and • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this proposed action does not apply on any Indian reservation land or in any other area in Oregon where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\05APP1.SGM 05APP1 Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Proposed Rules Dated: March 30, 2021. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. [FR Doc. 2021–06924 Filed 4–2–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 141 [EPA–HQ–OW–2021–0255; FRL 10022–33– OW] RIN 2040–AF15 Lead and Copper Rule (LCRR) Virtual Engagements Environmental Protection Agency (EPA). ACTION: Announcement of events; request for public comment. AGENCY: The Environmental Protection Agency (EPA) will host virtual engagements beginning in April 2021. The goal of the events is to obtain further public input on EPA’s revision to the Lead and Copper rule (LCRR), particularly from individuals and communities that are most at-risk of exposure to lead in drinking water. For more information on each event, visit EPA’s drinking water website: www.epa.gov/safewater. For more information, go to the SUPPLEMENTARY INFORMATION section of this document. DATES: Public listening sessions will be held on April 28, 2021 and May 5, 2021, from 10 a.m. to 10 p.m., eastern daylight time. Should additional dates and times be required, EPA will provide updates on our website: www.epa.gov/safewater. If you are unable to attend any of the events, you will be able to submit comments at https:// www.regulations.gov: enter Docket ID No. EPA–HQ–OW–2021–0255 until June 30, 2021. EPA will host virtual communityfocused roundtables starting in May 2021. Virtual roundtables with stakeholder groups including drinking water utilities, environmental organizations, environmental justice organizations, public health organizations, and consumer associations will be held starting in June 2021. EPA also intends to host a national co-regulator meeting in July 2021 to discuss the feedback received from communities. Details and times for these engagements will be posted on EPA’s drinking water website at: www.epa.gov/safewater. ADDRESSES: Individuals, including those that attend and provide oral statements, are encouraged to send written jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:35 Apr 02, 2021 Jkt 253001 statements, identified by Docket ID EPA–HQ–OW–2021–0255, by the following method: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID No. EPA– HQ–OW–2021–0255 for this EPA engagements. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Public Participation’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Christina Wadlington, USEPA, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202–566– 1859; email address: LCRR@epa.gov. SUPPLEMENTARY INFORMATION: I. Public Participation A. Written Comments—No. B. Submit your comments, identified by Docket ID EPA–HQ–OW–2021–0255, at https://www.regulations.gov. Once submitted, comments cannot be edited or removed from the docket. 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. 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 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. C. Details about Participating in the Listening Session: The public is invited to speak during the April 28, 2021 or May 5, 2021 listening sessions. Those interested in speaking can sign up for a 3-minute time slot on EPA’s website at https:// www.epa.gov/safewater. EPA will send an email to each speaker to confirm their speaking time and date. EPA intends to make each session available for viewing to those who are not PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 17571 participating but are interested in listening. EPA will be posting additional event details on www.epa.gov/safewater, as they become available. D. Details about Participating in the Community Roundtable: EPA intends to host community virtual roundtables during which local organizations can participate in a discussion of LCRR related topics and provide their unique perspective to EPA. These roundtables will focus on communities that are disproportionately impacted by the challenges of lead in drinking water. EPA requests that communities that would like to be considered for a roundtable submit their nomination letter to EPA via email to LCRR@epa.gov not later than April 23, 2021. Nomination letters should include the following information: • Name of location, • Primary point of contact and contact information, • A description of how your community has been underserved or experienced disproportionate impacts from drinking water lead exposure, and • A list of no more than 25 recommended community participants and/or local organizations. EPA recommends that the list of participants/organizations that are submitted be representative of all interests in their community including, but not limited to, local government entities, public water utilities, community-organized groups, environmental groups and elected officials. EPA intends to make each roundtable available for viewing to those who are not participating but are interested in listening. EPA will be posting meeting materials and additional event details on www.epa.gov/safewater, as they become available. E. Details about Participating in Stakeholder Roundtables: EPA intends to host stakeholder roundtables where representatives of national organizations (e.g., environmental, industry, consumer, intergovernmental) can participate in a discussion of LCRR related topics and provide their perspective to the Agency. EPA requests that organizations that would like to participate in a roundtable submit their nomination letter to EPA via email to LCRR@epa.gov not later than April 23, 2021. Nomination letters should include the following information: • Name of organization, • Primary point of contact and contact information, and • Why your organization should be considered as a participant. E:\FR\FM\05APP1.SGM 05APP1

Agencies

[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Proposed Rules]
[Pages 17569-17571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06924]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2021-0212, FRL-10018-33-Region 10]


Air Plan Approval; OR; Updates to Adoption by Reference of 
Federal Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Oregon State Implementation Plan (SIP) 
submitted on January 29, 2021. The revision updates the date by which 
Federal provisions are adopted by reference into the Oregon SIP, making 
air quality requirements more current.

DATES: Comments must be received on or before May 5, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2021-0212, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from https://www.regulations.gov. The EPA may 
publish any comment received to its public docket. Do not 
electronically submit any information you consider to be Confidential 
Business Information (CBI) or other information the disclosure of which 
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, 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.

FOR FURTHER INFORMATION CONTACT: Kristin Hall, EPA Region 10, 1200 
Sixth Avenue, Suite 155, Seattle, WA 98101,

[[Page 17570]]

at (206) 553-6357 or [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we,'' 
``us,'' or ``our'' is used, it means the EPA.

Table of Contents

I. Background
II. Evaluation of Submission
III. Proposed Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

A. State Implementation Plan

    Each state has a State Implementation Plan (SIP) containing the 
control measures and strategies used to attain and maintain the 
national ambient air quality standards (NAAQS) established by the EPA 
for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide, 
ozone, particulate matter, sulfur dioxide). The SIP must meet the 
requirements of CAA section 110 and revisions to the SIP must be 
submitted to and approved by the EPA.
    The SIP is extensive, containing such elements as air pollution 
control regulations, emission inventories, attainment demonstrations, 
and enforcement mechanisms. The SIP is a living compilation of these 
elements and is revised and updated by the State over time--to keep 
pace with Federal requirements and to address changing air quality 
issues in the State. The Oregon SIP is codified in the Code of Federal 
Regulations (CFR) at 40 CFR part 52, subpart MM. Oregon routinely 
revises the SIP and submits the changes to the EPA for approval.

II. Evaluation of Submission

    On January 29, 2021, the Oregon Department of Environmental Quality 
submitted a SIP revision to the EPA for approval. The revision, State 
effective January 21, 2021, updates the adoption by reference of 
Federal requirements used throughout the Oregon air quality rules. 
Oregon's air quality rules are codified in Divisions 200 through 268 of 
Chapter 340 of the Oregon Administrative Rules (OAR).
    Specifically, Oregon revised OAR 340-200-0035 and OAR 340-244-0030 
to state that all references to the CFR are updated from July 1, 2018 
to July 1, 2020. We propose to approve the submitted change to OAR 340-
200-0035 because it serves to bring the Oregon SIP up-to-date and is 
consistent with CAA section 110 requirements. For the same reasons, we 
propose to approve the change to OAR 340-244-0030, except that, 
consistent with our prior action on October 27, 2015, we propose to 
approve it only to the extent needed to implement the requirements for 
gasoline dispensing facilities in Division 244 that are approved into 
the SIP for the purposes of regulating VOC emissions (80 FR 65655). 
Similarly, we propose to clarify our approval of Division 244 into the 
Oregon SIP, codified at 40 CFR 52.1970(c), by revising footnote 3 in 
Table 2 to read, ``The EPA approves Division 244 only to the extent 
needed to implement the requirements for gasoline dispensing facilities 
that are approved into the SIP for the purpose of regulating VOC 
emissions.'' This language is consistent with our October 27, 2015 
action (80 FR 65655).

III. Proposed Action

    The EPA is proposing to approve, and incorporate by reference, 
revisions to the Oregon SIP submitted on January 29, 2021. Upon final 
approval, the Oregon SIP will include the following regulations, State 
effective January 21, 2021:
     OAR 340-200-0035, Reference Materials; and
     OAR 340-244-0030, General Provisions for Stationary 
Sources: Definitions, only to the extent needed to implement the 
requirements for gasoline dispensing facilities in Division 244 that 
are approved into the SIP for the purposes of regulating VOC emissions.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include in a final rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the provisions described in Section III of this document. The 
EPA has made, and will continue to make, these documents generally 
available through https://www.regulations.gov and at the EPA Region 10 
Office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve State choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed 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 proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of the requirements would be inconsistent 
with the CAA; and
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action does not apply on any Indian 
reservation land or in any other area in Oregon where the EPA or an 
Indian tribe has demonstrated that a tribe has jurisdiction. In those 
areas of Indian country, the rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.


[[Page 17571]]


    Dated: March 30, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-06924 Filed 4-2-21; 8:45 am]
BILLING CODE 6560-50-P
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