Air Plan Approval; New Hampshire; Sulfur Content Limitations for Fuels, 21942-21944 [2021-08376]
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<![CDATA[
21942
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
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, 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 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).
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. The 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 25, 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
VerDate Sep<11>2014
16:01 Apr 23, 2021
Jkt 253001
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: April 19, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
DATES:
1. The authority citation for part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(442)(i)(E)(6) and
(c)(497)(i)(E)(2) to read as follows:
■
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(442) * * *
(i) * * *
(E) * * *
(6) Previously approved on August 1,
2014 in paragraph (c)(442)(i)(E)(1) of
this section and now deleted with
replacement in paragraph
(c)(497)(i)(E)(2) of this section, Rule
3.14, ‘‘Surface Preparation and CleanUp,’’ amended on August 1, 2011.
*
*
*
*
*
(497) * * *
(i) * * *
(E) * * *
(2) Rule 3.14, ‘‘Surface Preparation
and Clean-up,’’ amended on August 1,
2016.
*
*
*
*
*
[FR Doc. 2021–08557 Filed 4–23–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2020–0209; FRL–10022–
62–Region–1]
Air Plan Approval; New Hampshire;
Sulfur Content Limitations for Fuels
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
This rule is effective on May 26,
2021.
■
§ 52.220
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of New
Hampshire on March 11, 2019. This
revision establishes sulfur content
limitations for fuels. In addition, the
State requested withdrawal from the SIP
of the existing sulfur limitations
regulation, which will be superseded by
the State’s revised sulfur limitations
regulation. The intended effect of this
action is to approve the State’s March
11, 2019 submittal into the New
Hampshire SIP and remove from the SIP
the superseded sulfur in fuels
limitations. This action is being taken
under the Clean Air Act.
SUMMARY:
EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2020–0209. 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., confidential
business information (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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Anne McWilliams, 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) 918–1697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
E:\FR\FM\26APR1.SGM
26APR1
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
I. Background and Purpose
New Hampshire’s Env-A 400 Sulfur
Content Limits of Fuels (Env-A 400) was
approved by EPA as a revision to the
New Hampshire SIP on August 14, 1992
(57 FR 36603). Env-A 400 was
subsequently renumbered by the State
as Env-A 1600 Fuel Specifications (EnvA 1600). Env-A 1600 was submitted to
EPA as a revision to the SIP in 2003
with a subsequent amendment
submitted in 2015. However, New
Hampshire withdrew both submittals
prior to EPA action. Effective July 1,
2018, New Hampshire’s Revised
Statutes Annotated (RSA) 125–C:10–d
was amended to reduce the sulfur limits
in liquid fuels imported into or
distributed within the State. The State’s
March 11, 2019 SIP submittal of revised
Env-A 1600 Fuel Specifications
implements the State statute, (RSA)
125–C:10–d as amended.
Env-A 1600 is intended to prevent,
abate, and control the use of fuels
containing specific pollutant elements
and compounds. In conjunction with
the submittal of Env-A 1600, on May 22,
2019, the New Hampshire Department
of Environmental Services (NH DES)
requested removal of Env-A 400, which
currently exists in the New Hampshire
SIP but has been superseded as a matter
of State law by Env-A 1600. Env-A 400
is now a State regulation unrelated to
sulfur limitations in fuels. Other
specific requirements of New
Hampshire’s sulfur in fuels
requirements and the rationale for EPA’s
proposed action are explained in the
notice of proposed rulemaking (NPRM)
(86 FR 8566, February 8, 2021) and will
not be restated here.
II. Response to Comments
During the comment period, two
commenters expressed support for
EPA’s proposed rulemaking. One
additional commenter provided
comments that were unclear as to how
the comments related to EPA’s proposed
approval and did not include any
discussion of how the proposed
rulemaking should change in any way.
In closing, this commenter expressed
overall support for the proposed
rulemaking.
III. Final Action
EPA is approving Env-A 1600, Fuel
Specifications, which was submitted to
EPA by New Hampshire on March 11,
2019 as a revision to the New
Hampshire SIP. In addition, EPA is
removing previously SIP approved EnvA 400, Sulfur Content of Fuels, which
has been superseded by Env-A 1600 as
a matter of State law. Our proposed
VerDate Sep<11>2014
16:01 Apr 23, 2021
Jkt 253001
rulemaking included a demonstration
that removal from the SIP of Env-A 400
meets the anti-backsliding requirements
of CAA section 110(l).
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 New
Hampshire Env-A 1600 ‘‘Fuel
Specifications’’ 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
Also in this rule, in accordance with
the requirements of 1 CFR part 51, EPA
is finalizing the removal of provisions of
the Env-A 400 ‘‘Sulfur Content Limits in
Fuels’’ from the New Hampshire State
Implementation Plan, as described in
the amendments to 40 CFR part 52 set
forth below.
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);
• Does not impose an information
collection burden under the provisions
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00027
Fmt 4700
Sfmt 4700
21943
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).
E:\FR\FM\26APR1.SGM
26APR1
21944
Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
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 25, 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
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart EE—New Hampshire
2. In § 52.1520(c), amend the table by
removing the entry ‘‘Env-A 400’’ and
adding the entry ‘‘Env-A 1600’’ in
numerical order to read as follows:
Dated: April 19, 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:
§ 52.1520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED NEW HAMPSHIRE REGULATIONS
State
effective date
State citation
Title/subject
*
Env-A 1600 .....
*
Fuel Specifications.
*
*
*
*
12/21/2018
*
*
*
EPA approval date
Explanations
*
April 26, 2021 [Insert Federal
Register citation].
*
*
*
Env–1600 replaces the previously approved Env–400 Sulfur
Content Limits in Fuels.
*
*
*
*
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
[FR Doc. 2021–08376 Filed 4–23–21; 8:45 am]
BILLING CODE 6560–50–P
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2020–0478, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Acting Director,
Registration Division (7505P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Avenue NW, Washington, DC 20460–
0001; main telephone number: (703)
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0478; FRL–10020–49]
Flupyradifurone; Pesticide Tolerances
for Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
time-limited tolerances for residues of
the insecticide flupyradifurone
including its degradates and metabolites
in or on sugarcane, cane and sugarcane,
molasses. This action is associated with
the utilization of a crisis exemption
under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA)
authorizing use of the pesticide on
sugarcane. This regulation establishes a
maximum permissible level for residues
of flupyradifurone in or on these
commodities. The time-limited
tolerances expire on December 31, 2023.
DATES: This regulation is effective April
26, 2021. Objections and requests for
hearings must be received on or before
June 25, 2021 and must be filed in
accordance with the instructions
SUMMARY:
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16:01 Apr 23, 2021
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PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
*
*
305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/text-idx?&c=
ecfr&tpl=/ecfrbrowse/Title40/40tab_
02.tpl.
E:\FR\FM\26APR1.SGM
26APR1
]]>Agencies
[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21942-21944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08376]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2020-0209; FRL-10022-62-Region-1]
Air Plan Approval; New Hampshire; Sulfur Content Limitations for
Fuels
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire on March 11, 2019. This revision establishes sulfur content
limitations for fuels. In addition, the State requested withdrawal from
the SIP of the existing sulfur limitations regulation, which will be
superseded by the State's revised sulfur limitations regulation. The
intended effect of this action is to approve the State's March 11, 2019
submittal into the New Hampshire SIP and remove from the SIP the
superseded sulfur in fuels limitations. This action is being taken
under the Clean Air Act.
DATES: This rule is effective on May 26, 2021.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2020-0209. 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.,
confidential business information (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: Anne McWilliams, 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)
918-1697, 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. Response to Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
[[Page 21943]]
I. Background and Purpose
New Hampshire's Env-A 400 Sulfur Content Limits of Fuels (Env-A
400) was approved by EPA as a revision to the New Hampshire SIP on
August 14, 1992 (57 FR 36603). Env-A 400 was subsequently renumbered by
the State as Env-A 1600 Fuel Specifications (Env-A 1600). Env-A 1600
was submitted to EPA as a revision to the SIP in 2003 with a subsequent
amendment submitted in 2015. However, New Hampshire withdrew both
submittals prior to EPA action. Effective July 1, 2018, New Hampshire's
Revised Statutes Annotated (RSA) 125-C:10-d was amended to reduce the
sulfur limits in liquid fuels imported into or distributed within the
State. The State's March 11, 2019 SIP submittal of revised Env-A 1600
Fuel Specifications implements the State statute, (RSA) 125-C:10-d as
amended.
Env-A 1600 is intended to prevent, abate, and control the use of
fuels containing specific pollutant elements and compounds. In
conjunction with the submittal of Env-A 1600, on May 22, 2019, the New
Hampshire Department of Environmental Services (NH DES) requested
removal of Env-A 400, which currently exists in the New Hampshire SIP
but has been superseded as a matter of State law by Env-A 1600. Env-A
400 is now a State regulation unrelated to sulfur limitations in fuels.
Other specific requirements of New Hampshire's sulfur in fuels
requirements and the rationale for EPA's proposed action are explained
in the notice of proposed rulemaking (NPRM) (86 FR 8566, February 8,
2021) and will not be restated here.
II. Response to Comments
During the comment period, two commenters expressed support for
EPA's proposed rulemaking. One additional commenter provided comments
that were unclear as to how the comments related to EPA's proposed
approval and did not include any discussion of how the proposed
rulemaking should change in any way. In closing, this commenter
expressed overall support for the proposed rulemaking.
III. Final Action
EPA is approving Env-A 1600, Fuel Specifications, which was
submitted to EPA by New Hampshire on March 11, 2019 as a revision to
the New Hampshire SIP. In addition, EPA is removing previously SIP
approved Env-A 400, Sulfur Content of Fuels, which has been superseded
by Env-A 1600 as a matter of State law. Our proposed rulemaking
included a demonstration that removal from the SIP of Env-A 400 meets
the anti-backsliding requirements of CAA section 110(l).
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 New
Hampshire Env-A 1600 ``Fuel Specifications'' 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).
---------------------------------------------------------------------------
Also in this rule, in accordance with the requirements of 1 CFR
part 51, EPA is finalizing the removal of provisions of the Env-A 400
``Sulfur Content Limits in Fuels'' from the New Hampshire State
Implementation Plan, as described in the amendments to 40 CFR part 52
set forth below.
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);
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).
[[Page 21944]]
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 25, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: April 19, 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 EE--New Hampshire
0
2. In Sec. 52.1520(c), amend the table by removing the entry ``Env-A
400'' and adding the entry ``Env-A 1600'' in numerical order to read as
follows:
Sec. 52.1520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved New Hampshire Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Env-A 1600..................... Fuel 12/21/2018 April 26, 2021 Env-1600 replaces the
Specifications. [Insert Federal previously approved
Register Env-400 Sulfur Content
citation]. Limits in Fuels.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-08376 Filed 4-23-21; 8:45 am]
BILLING CODE 6560-50-P
