Air Plan Approval; Ohio; Ohio Permit Fee Rule Removal, 19174-19176 [2021-07540]

Download as PDF 19174 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS Enhancement Act (PAEA) particularly related to maximizing incentives to increase efficiency and reduce costs, maintaining high-quality service standards, and assuring financial stability (including retained earnings). This advance notice informs the public of the docket’s initiation, invites public comment, and takes other administrative steps. DATES: Comments are due: July 14, 2021. Reply comments are due: August 13, 2021. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: On January 15, 2021, the Commission established this proceeding to seek public input regarding any additional regulations that may be necessary to achieve the objectives of the Postal Accountability and Enhancement Act (PAEA) 1 over the longer-term, particularly for issues such as ‘‘maximizing incentives to increase efficiency and reduce costs, maintaining high-quality service standards, and assuring financial stability (including retained earnings).’’ 2 The Commission established April 15, 2021, and May 17, 2021, as the deadlines for filing comments and reply comments, respectively. Order No. 5816 at 15. On March 23, 2021, the Postal Service published a ten-year plan announcing potential changes intended to achieve financial stability and service excellence.3 On April 1, 2021, the National Association of Presort Mailers (NAPM) filed a request for an extension of the deadline for initial comments in this proceeding.4 NAPM raises three reasons in support of its Request, which are generally premised on recent 1 Public Law 109–435, 201, 120 Stat. 3198, 3204 (2006). 2 Advance Notice of Proposed Rulemaking Regarding Performance Incentive Mechanism, January 15, 2021, at 1 (Order No. 5816). 3 See United States Postal Service, Delivering for America: Our Vision and Ten-Year Plan to Achieve Financial Sustainability and Service Excellence, March 23, 2021, at 3, available at https:// about.usps.com/what/strategic-plans/delivering-foramerica/assets/USPS_Delivering-For-America.pdf (Postal Service’s Plan). 4 Request for Extension of Initial Comments Deadline, April 1, 2021 (Request). VerDate Sep<11>2014 16:22 Apr 12, 2021 Jkt 253001 developments resulting from the potential changes announced in the Postal Service’s Plan. See Request at 1–2. First, NAPM asserts that it would be premature to discuss the issues raised in this proceeding without a fuller understanding of the potential changes announced in the Postal Service’s Plan. See id. Second, NAPM observes that commenters may face difficulties in providing effective comments on issues related to the maintenance of high-quality service standards by the established deadline because the Postal Service also recently announced plans to reduce service standards for First-Class Mail and Periodicals.5 Third, noting that the Postal Service has recently initiated five proceedings in which mailing association stakeholders intend to participate,6 NAPM requests that the Commission consider how the resources of commenters affect their ability to meaningfully respond to multiple filing deadlines. See Request at 2. The Association of Postal Commerce (PostCom) and the Public Representative support this Request.7 PostCom agrees with NAPM’s assessment of the recent developments. PostCom Statement at 1. The Public Representative asserts that extending both the initial and reply comment deadlines would allow interested persons to better evaluate the advisability of adopting a performance incentive mechanism and the structure 5 See Request at 2; see also Postal Service’s Plan at 52; Docket No. N2021–1, Notice of Pre-Filing Conference, March 23, 2021. 6 No specific proceedings are referenced in the Request other than Docket No. N2021–1; however, the Commission takes note of the following four proceedings recently initiated by the Postal Service: Docket Nos. RM2021–5, CP2021–81, MC2021–78, and RM2021–4. See Docket No. RM2021–5, United States Postal Service Application for Waiver Under 39 CFR 3030.286, March 26, 2021 (seeking waiver of rules for setting the First-Class Mail Letters 5Digit Automation workshare discount in the next rate adjustment filing); Docket No. CP2021–81, USPS Notice of Changes in Class of General Applicability for a Competitive Product, March 26, 2021 (seeking to eliminate the 10:30 a.m. delivery option for the Priority Mail Express product and the associated fee for that option); Docket No. MC2021– 78, United States Postal Service Request to Transfer Bound Printed Matter Parcels to the Competitive Product List, March 26, 2021 (seeking to transfer Bound Printed Matter Parcels from the Market Dominant product list to the Competitive product list); Docket No. RM2021–4, Petition of the United States Postal Service for the Initiation of a Proceeding to Consider Proposed Changes in Analytical Principles (Proposal Two), March 24, 2021 (seeking to change the assignment of cost pools in the First-Class Mail cost avoidance model). 7 Statement in Support of the National Association of Presort Mailers Request for Extension of Initial Comments Deadline, March 30, 2021 (PostCom Statement); Response of the Public Representative in Support of Request for Extension of Comment Deadlines, April 2, 2021 (Public Representative Response). PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 of such a mechanism in light of the Postal Service’s recently announced service changes. Public Representative Response at 1. Given the recent developments, this requested extension is reasonable and does not prejudice any party. Therefore, the Request is granted. Comments are due July 14, 2021. Reply comments are due August 13, 2021. It is ordered: 1. The Request for Extension of Initial Comments Deadline, filed on April 1, 2021, is granted. 2. Interested persons may submit comments no later than July 14, 2021. 3. Interested persons may submit reply comments no later than August 13, 2021. 4. The Secretary shall arrange for publication of this order in the Federal Register. By the Commission. Erica A. Barker, Secretary. [FR Doc. 2021–07521 Filed 4–12–21; 8:45 am] BILLING CODE 7710–FW–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2020–0602; FRL–10022– 54–Region 5] Air Plan Approval; Ohio; Ohio Permit Fee Rule Removal Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve under the Clean Air Act (CAA), a revision to Ohio’s State Implementation Plan (SIP), submitted by the Ohio Environmental Protection Agency (OEPA) on November 12, 2020 and supplemented on February 11, 2021. OEPA is requesting to remove the Ohio Administrative Code (OAC) Permit Fees rule provisions from the Ohio SIP because they no longer exist and have been superseded by the fee system in Ohio’s Title V permitting program and the Ohio Revised Code (ORC). OEPA rescinded the permit fee rules at the state level in 2003. DATES: Comments must be received on or before May 13, 2021. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2020–0602 at https:// www.regulations.gov, or via email to damico.genevieve@epa.gov. For SUMMARY: E:\FR\FM\13APP1.SGM 13APP1 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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 additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Richard Angelbeck, Environmental Scientist, Air Permits Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–9698, angelbeck.richard@epa.gov. The EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays and facility closures due to COVID–19. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. jbell on DSKJLSW7X2PROD with PROPOSALS I. Background for Our Proposed Action Ohio adopted OAC Chapter 3745–45 Permit Fee rules at the state level on November 24, 1973, and EPA approved the rules into Ohio’s SIP on November 24, 1981 (46 FR 57490). Having OAC Chapter 3745–45 adopted into the SIP fulfilled the CAA section 110(a)(2)(K) requirement for Ohio to have a fee structure in place and to collect fees. The air permit fee requirements were then moved from CAA section 110(a)(2)(K) to CAA section 110(a)(2)(L) as a result of the 1990 CAA amendments. EPA approved (60 FR 42045) Ohio’s Title V operating permits program on August 15, 1995. Ohio’s Title V program relies on the air permit fee structure outlined by statute in ORC 3745.11. VerDate Sep<11>2014 16:22 Apr 12, 2021 Jkt 253001 Since Ohio no longer relied on OAC 3745–45 for its air permit fee system, Ohio rescinded OAC 3745–45 in stages at the state level with the final rule being rescinded in 2003. At that time, Ohio did not request recission of OAC 3745–45 from the SIP. On November 12, 2020, OEPA submitted a request to approve the removal of all of OAC Chapter 3745–45 from the SIP. In support, OEPA indicated that it is relying instead on the permit fee system in Ohio’s Title V program, as contained in ORC 3745.11. No emissions increases will result from the removal of OAC Chapter 3745– 45 from the Ohio SIP. Because the rescinded OAC Chapter 3745–45 rules have been superseded by the Title V permit fee system as contained in ORC 3745.11, there are no CAA section 110(l) issues to address. II. What action is EPA taking? EPA is proposing to approve the removal of Ohio’s OAC Chapter 3745– 45 Permit Fee rule from the Ohio SIP. Removing OAC Chapter 3745–45 from the Ohio SIP is consistent with Federal regulations governing state permitting programs and would not interfere with reasonable further progress or attainment of any national ambient air quality standards. III. Incorporation by Reference In this document, EPA is proposing to amend regulatory text that includes incorporation by reference. EPA is proposing to remove the Chapter 3745– 45 Permit Fees provisions of the EPAApproved Ohio Regulations from the Ohio SIP, which is incorporated by reference in accordance with the requirements of 1 CFR part 51. EPA has made, and will continue to make the State Implementation Plan generally available through www.regulations.gov and at the EPA Region 5 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 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, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 19175 • 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 CAA; 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). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. E:\FR\FM\13APP1.SGM 13APP1 19176 Federal Register / Vol. 86, No. 69 / Tuesday, April 13, 2021 / Proposed Rules Dated: April 8, 2021. Cheryl Newton, Acting Regional Administrator, Region 5. [FR Doc. 2021–07540 Filed 4–12–21; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA–HQ–OAR–2002–0047; FRL–10012–39– OAR] RIN 2060–AV01 National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Residual Risk and Technology Review; Correction Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The U.S. Environmental Protection Agency (EPA) published a final rule in the Federal Register on March 26, 2020, to complete the residual risk and technology review (RTR) for the Municipal Solid Waste (MSW) Landfills source category as regulated under national emission standards for hazardous air pollutants (NESHAP). The final rule also made minor changes to the 2016 MSW Landfills New Source Performance Standards (NSPS) and Emission Guidelines and Compliance Times for MSW Landfills to improve implementation of the sets of rules affecting MSW landfills. In this action, the EPA is proposing technical revisions and clarifications for the NESHAP for MSW Landfills established in the March 26, 2020, final rule. These changes correct inadvertent errors and clarify wellhead monitoring requirements for the purpose of identifying excess air infiltration; delegation of authority to state, local, or tribal agencies for ‘‘emission standards’’; applicability of the General Provisions to affected MSW landfills; and handling of monitoring data for combustion devices during periods of monitoring system breakdowns, repairs, calibration checks, and adjustments. We are proposing further amendments to the 2016 MSW Landfills NSPS to clarify and align the timing of compliance for certain requirements of the 2016 MSW Landfills NSPS for existing MSW landfills that have modified but previously triggered the requirement to install a gas collection and control system (GCCS) under related MSW landfill rules. DATES: Comments. Comments must be received on or before May 28, 2021. jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:22 Apr 12, 2021 Jkt 253001 Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before May 13, 2021. Public hearing: If anyone contacts us requesting a public hearing on or before April 19, 2021, the EPA will hold a virtual public hearing. See SUPPLEMENTARY INFORMATION for information on requesting and registering for a public hearing. ADDRESSES: You may send comments, identified by Docket ID No. EPA–HQ– OAR–2002–0047, by any of the following methods: • Federal eRulemaking Portal: https://www.regulations.gov/ (our preferred method). Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2002–0047 in the subject line of the message. • Fax: (202) 566–9744. Attention Docket ID No. EPA–HQ–OAR–2002– 0047. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA–HQ–OAR–2002– 0047, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand Delivery or Courier (by scheduled appointment only): EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operation are 8:30 a.m.–4:30 p.m., Monday-Friday (except Federal holidays). Instructions: All submissions received must include the Docket ID No. for this rulemaking. 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 SUPPLEMENTARY INFORMATION section of this document. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room was 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. We encourage the public to submit comments via https:// www.regulations.gov/ or email, as there may be a delay in processing mail and faxes. Hand deliveries and couriers may be received by scheduled appointment PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 only. For further information on EPA Docket Center services and the current status, please visit us online at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For questions about this final action, contact Mr. Andrew Sheppard, Natural Resources Group, Sector Policies and Programs Division (E143–03), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 4161; fax number: (919) 541–0516; and email address: sheppard.andrew@ epa.gov. SUPPLEMENTARY INFORMATION: Participation in virtual public hearing. Please note that the EPA is deviating from its typical approach because the President has declared a national emergency. Due to the current Centers for Disease Control and Prevention (CDC) recommendations, as well as state and local orders for social distancing to limit the spread of COVID–19, the EPA cannot hold inperson public meetings at this time. If requested, the virtual hearing will be held on April 28, 2021. The hearing will convene at 9 a.m. Eastern Time (ET) and will conclude at 12:00 p.m. ET unless the number of registrants indicates more time is needed. The EPA may close a session 15 minutes after the last pre-registered speaker has testified if there are no additional speakers. The EPA will announce further details on the virtual public hearing website at https://www.epa.gov/stationary-sourcesair-pollution/municipal-solid-wastelandfills-new-source-performancestandards. The EPA will begin pre-registering speakers for the hearing upon publication of this document in the Federal Register. To register to speak at the virtual hearing, please use the online registration form available at https://www.epa.gov/stationary-sourcesair-pollution/municipal-solid-wastelandfills-national-emission-standards or contact the public hearing team at (888) 372–8699 or by email at SPPDpublichearing@epa.gov. The last day to pre-register to speak at the hearing will be April 26, 2021. Prior to the hearing, the EPA will post a general agenda that will list pre-registered speakers in approximate order at: https://www.epa.gov/stationary-sourcesair-pollution/municipal-solid-wastelandfills-national-emission-standards. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearings to E:\FR\FM\13APP1.SGM 13APP1

Agencies

[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Proposed Rules]
[Pages 19174-19176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07540]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2020-0602; FRL-10022-54-Region 5]


Air Plan Approval; Ohio; Ohio Permit Fee Rule Removal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve under the Clean Air Act (CAA), a revision to Ohio's State 
Implementation Plan (SIP), submitted by the Ohio Environmental 
Protection Agency (OEPA) on November 12, 2020 and supplemented on 
February 11, 2021. OEPA is requesting to remove the Ohio Administrative 
Code (OAC) Permit Fees rule provisions from the Ohio SIP because they 
no longer exist and have been superseded by the fee system in Ohio's 
Title V permitting program and the Ohio Revised Code (ORC). OEPA 
rescinded the permit fee rules at the state level in 2003.

DATES: Comments must be received on or before May 13, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2020-0602 at https://www.regulations.gov, or via email to 
[email protected]. For

[[Page 19175]]

comments submitted at Regulations.gov, follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. For either manner of submission, 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 additional submission methods, please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section. For the full EPA public comment policy, information about CBI 
or multimedia submissions, and general guidance on making effective 
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Angelbeck, Environmental 
Scientist, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-9698, [email protected]. The 
EPA Region 5 office is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding Federal holidays and facility closures due to COVID-
19.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background for Our Proposed Action

    Ohio adopted OAC Chapter 3745-45 Permit Fee rules at the state 
level on November 24, 1973, and EPA approved the rules into Ohio's SIP 
on November 24, 1981 (46 FR 57490). Having OAC Chapter 3745-45 adopted 
into the SIP fulfilled the CAA section 110(a)(2)(K) requirement for 
Ohio to have a fee structure in place and to collect fees. The air 
permit fee requirements were then moved from CAA section 110(a)(2)(K) 
to CAA section 110(a)(2)(L) as a result of the 1990 CAA amendments. EPA 
approved (60 FR 42045) Ohio's Title V operating permits program on 
August 15, 1995. Ohio's Title V program relies on the air permit fee 
structure outlined by statute in ORC 3745.11.
    Since Ohio no longer relied on OAC 3745-45 for its air permit fee 
system, Ohio rescinded OAC 3745-45 in stages at the state level with 
the final rule being rescinded in 2003. At that time, Ohio did not 
request recission of OAC 3745-45 from the SIP. On November 12, 2020, 
OEPA submitted a request to approve the removal of all of OAC Chapter 
3745-45 from the SIP. In support, OEPA indicated that it is relying 
instead on the permit fee system in Ohio's Title V program, as 
contained in ORC 3745.11.
    No emissions increases will result from the removal of OAC Chapter 
3745-45 from the Ohio SIP. Because the rescinded OAC Chapter 3745-45 
rules have been superseded by the Title V permit fee system as 
contained in ORC 3745.11, there are no CAA section 110(l) issues to 
address.

II. What action is EPA taking?

    EPA is proposing to approve the removal of Ohio's OAC Chapter 3745-
45 Permit Fee rule from the Ohio SIP. Removing OAC Chapter 3745-45 from 
the Ohio SIP is consistent with Federal regulations governing state 
permitting programs and would not interfere with reasonable further 
progress or attainment of any national ambient air quality standards.

III. Incorporation by Reference

    In this document, EPA is proposing to amend regulatory text that 
includes incorporation by reference. EPA is proposing to remove the 
Chapter 3745-45 Permit Fees provisions of the EPA-Approved Ohio 
Regulations from the Ohio SIP, which is incorporated by reference in 
accordance with the requirements of 1 CFR part 51. EPA has made, and 
will continue to make the State Implementation Plan generally available 
through www.regulations.gov and at the EPA Region 5 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 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, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; 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).

List of Subjects in 40 CFR Part 52

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


[[Page 19176]]


    Dated: April 8, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-07540 Filed 4-12-21; 8:45 am]
BILLING CODE 6560-50-P
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