Approval and Promulgation of Implementation Plans; South Dakota; Revisions to Air Rules of South Dakota, 24713-24715 [2021-09863]
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
39 CFR Part 10
Rules of Conduct for Postal Service
Governors.
For the reasons stated in the
preamble, the Postal Service amends 39
CFR chapter I as follows:
PART 3—BOARD OF GOVERNORS
1. The authority citation for part 3
continues to read as follows:
■
Authority: 39 U.S.C. 202, 203, 205, 401 (2),
(10), 402, 404(b), 414, 416, 1003, 2005, 2011,
2802–2804, 3013, 3622, 3632, 3642, 3652,
3654, 3691; 5 U.S.C. 552b(g), (j); 5 U.S.C.
App.; Pub. L. 107–67, 115 Stat. 514 (2001).
§ 3.3
[Amended]
2. Amend § 3.3 by removing the
erroneous paragraph (3) following
paragraph (b) and removing paragraphs
(o), (p), (q), and (r).
■
§ 3.6
[Amended]
3. Amend § 3.6 by removing the
semicolon at the end of paragraph (a)(5)
and adding a period in its place and by
removing paragraph (a)(6).
■ 4. In § 3.7, revise paragraph (b) to read
as follows:
■
§ 3.7 Information furnished to Board—
program review.
*
*
*
*
*
(b) To enable the Board to review the
effectiveness of the Postal Service’s
equal employment opportunity
program, performance data relating to
this program shall be furnished to the
Board at least annually. These data shall
be categorized in such manner as the
Board, from time to time, specifies.
*
*
*
*
*
PART 10—RULES OF CONDUCT FOR
POSTAL SERVICE GOVERNORS
5. The authority citation for part 10
continues to read as follows:
■
Authority: 39 U.S.C. 401(2), (10).
■
6. Revise § 10.4 to read as follows:
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§ 10.4
Financial disclosure reports.
(a) Requirement of submission of
reports—(1) Upon nomination. At the
time of their nomination, Governors
complete a financial disclosure report
which, under the practice of the Senate
Homeland Security and Governmental
Affairs Committee, is kept confidential.
(2) After confirmation. Because the
Director of the Office of Government
Ethics has concluded that Governors
who do not perform the duties of their
office for more than 60 days in any
calendar year are not required to file
financial disclosure reports that are
open to the public, Governors file non-
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Jkt 253001
public reports annually, in accordance
with this section. A Governor who
performs the duties of his or her office
for more than 60 days in a particular
calendar year is required to file a public
report in accordance with 5 CFR
2634.204(c).
(b) Person with whom reports should
be filed and time for filing. (1) A
Governor shall file a financial disclosure
report with the Associate General
Counsel on or before May 15 of each
year when the Governor has been in
office for more than 60 consecutive
calendar days during the previous year.
(2) The Associate General Counsel
may, for good cause shown, grant to a
Governor one or more extensions
totaling not more than 90 days.
(c) Information required to be
reported. Each report shall be a full and
complete statement, on the form
prescribed by the Associate General
Counsel and the Office of Government
Ethics and in accordance with
instructions issued by him or her.
(d) Reviewing reports. (1) Financial
disclosure reports filed in accordance
with the provisions of this section shall,
within 60 days after the date of filing,
be reviewed by the Associate General
Counsel who shall either approve the
report, or make an initial determination
that a conflict or appearance thereof
exists. If the Associate General Counsel
determines initially that a conflict or the
appearance of a conflict exists, he or she
shall inform the Governor of his or her
determination.
(2) If the Associate General Counsel
considers that additional information is
needed to complete the report or to
allow an adequate review to be
conducted, he or she shall request the
reporting Governor to furnish that
information by a specified date.
(3) The Associate General Counsel
shall refer to the Chairman of the Board
of Governors or the Vice Chairman the
name of any Governor he or she has
reasonable cause to believe has
wrongfully failed to file a report or has
falsified or wrongfully failed to report
required information.
(e) Custody of and public access to
reports—(1) Retention of reports. Each
report filed with the Associate General
Counsel shall be retained by him or her
for a period of six years. After the sixyear period, the report shall be
destroyed unless needed in connection
with an investigation then pending.
(2) Confidentiality of reports. Unless a
public report is required by this section,
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24713
the financial disclosure reports filed by
Governors shall not be made public.
Michael J. Elston,
Secretary of the Board of Governors.
[FR Doc. 2021–09714 Filed 5–7–21; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2020–0739; FRL–10023–
50-Region 8]
Approval and Promulgation of
Implementation Plans; South Dakota;
Revisions to Air Rules of South Dakota
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of South Dakota
on January 3, 2020 that revises the
Administrative Rules of South Dakota
(ARSD), Air Pollution Control Program,
updating the chapter pertaining to
definitions. The EPA is taking this
action pursuant to the Clean Air Act
(CAA).
SUMMARY:
DATES:
This rule is effective on June 9,
2021.
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2020–0739. 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 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Kate
Gregory, (303) 312–6175, gregory.kate@
epa.gov. Mail can be directed to the Air
and Radiation Division, U.S. EPA,
Region 8, Mail-code 8ARD–QP, 1595
Wynkoop Street, Denver, Colorado
80202–1129.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
ADDRESSES:
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
I. Background
III. Incorporation by Reference
On January 3, 2020 the State of South
Dakota submitted revisions and
additions to the ARSD. In this action,
we are approving the additions to the
ARSD pertaining to the definitions
section. The subject of this action is
described in detail in our notice of
proposed rulemaking (NPRM) published
on February 24, 2021 (86 FR 11211).
In this document, 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 ARSD, Air
Pollution Control Program, updating the
ARSD chapters pertaining to definitions
as is described in the preamble. The
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and at the EPA Region 8 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 the EPA for inclusion in
the SIP, have been incorporated by
reference by the 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 the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.3
II. Final Action
In this rulemaking, the EPA is
approving the revisions to the ARSD
submitted by the State of South Dakota
on January 3, 2020, specifically the
additions of 74:36:01:01(71) and
74:36:01:01(72) in the definitions
section of the ARSD.1 2 The subsections
of the ARSD definitions section we are
approving, 74:36:01:01(71) and
74:36:01:01(72), contain the definitions
of ‘closed landfill’ and ‘closed landfill
subcategory,’ respectively. In this
action, we are approving the addition of
the abovementioned subsections to the
definitions section of the ARSD.
Additional revisions and additions to
the ARSD, related to content that
includes ‘closed landfill’ and ‘closed
landfill subcategory’ have been
approved in a separate action [(85 FR
16538) Approval and Promulgation of
State Plans for Designated Facilities and
Pollutants; South Dakota; Control of
Emissions From Existing Municipal
Solid Waste Landfills].
In the table below, the key is as
follows:
A—Approve.
D—Disapprove.
TABLE 1—ARSD ADDITIONS THAT THE
EPA IS APPROVING
Additions the Administrative Rules of
South Dakota (ARSD)
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74:36:01:01(71) ................................
74:36:01:01(72) ................................
A
A
1 The additional revisions and additions to the
ARSD as they relate to the SIP referenced in the
January 3, 2020 ARSD rule revision submission by
the State of South Dakota were approved in a prior
rule: Air Quality State Implementation Plans;
Approval and Promulgation of Implementation
Plans; South Dakota; Infrastructure Requirements
for the 2015 Ozone National Ambient Air Quality
Standards; Revisions to Administrative Rules (85
FR 67653).
2 ARSD numbering in the notice of proposed
rulemaking for this action (86 FR 11211) was listed
as 74:36:01:01(74) and 74:36:01:01(75). The correct
numbering of the ARSD we are acting on is listed
in this notice of final rulemaking as 74:36:01:01(71)
and 74:36:01:01(72). The definitions we are
approving of ‘closed landfill’ and ‘closed landfill
subcategory’ remain unchanged in both the
proposal and final action.
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16:22 May 07, 2021
Jkt 253001
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
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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
3 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00016
Fmt 4700
Sfmt 4700
affect small governments, 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).
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 July 9, 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,
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Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Rules and Regulations
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)).
State
effective
date
*
*
Definitions .........................
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2021–0604; FRL–10023–
14–Region 6]
Air Plan Approval; Louisiana;
Infrastructure State Implementation
Plan Requirements for the National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving the State Implementation
Plan (SIP) submittal from Louisiana
submitted on November 4, 2020 for the
2015 ozone, as well as the 2006 PM2.5,
2008 ozone, 2010 nitrogen dioxide, 2010
sulfur dioxide and the 2012 PM2.5
National Ambient Air Quality
Standards. This submittal addresses
how the existing SIP contains adequate
provisions prohibiting emissions which
interfere with required measures in any
other State to protect visibility with
respect to the 2015 ozone NAAQS as
well as the 2006 PM2.5, 2008 ozone,
2010 nitrogen dioxide, 2010 sulfur
dioxide and the 2012 PM2.5 NAAQS.
DATES: This rule is effective on June 9,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
SUMMARY:
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16:22 May 07, 2021
Jkt 253001
EPA effective date
*
11/25/2019
*
*
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
*
74:36:01:01 ........................
*
§ 52.2170
■
Rule title
[FR Doc. 2021–09863 Filed 5–7–21; 8:45 am]
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PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Rule No.
*
2. In § 52.2170, the table in paragraph
(c) is amended by revising the entry for
‘‘74:36:01:01’’ to read as follows:
■
40 CFR part 52 is amended as follows:
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
*
Subpart QQ—South Dakota
Dated: May 4, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
List of Subjects in 40 CFR Part 52
*
Authority: 42 U.S.C. 7401 et seq.
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
6/9/2021
*
Final rule citation, date
*
*
[insert Federal Register
citation], 5/10/2021.
*
No. EPA–R06–OAR–2020–0604. 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., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Huser, EPA Region 6 Office, Air
and Radiation Division—State Planning
and Implementation Branch, 214–665–
7347, huser.jennifer@epa.gov. Out of an
abundance of caution for members of
the public and our staff, the EPA Region
6 office will be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our February 22,
2021 proposal (86 FR 10509). In that
document we proposed to approve the
State Implementation Plan (SIP)
submittal from Louisiana submitted on
November 4, 2020 for the 2015 ozone
(O3), 2006 PM2.5, 2008 ozone, 2010
nitrogen dioxide, 2010 sulfur dioxide
and the 2012 PM2.5 National Ambient
Air Quality Standards (NAAQS). This
submittal addresses Prong 4 of the CAA
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
Comments
*
*
*
(also referred to as visibility transport)
that requires states to demonstrate that
their SIP contains adequate measures
that prohibit emissions from any source
within a state from interfering with the
visibility protection measures of other
states. The submittal addresses how the
existing SIP contains adequate
provisions to meet the requirements
with respect to the 2015 ozone NAAQS
as well as the 2006 PM2.5, 2008 ozone,
2010 nitrogen dioxide, 2010 sulfur
dioxide and the 2012 PM2.5 NAAQS, as
Louisiana now has a fully approved
Regional Haze SIP. We did not receive
any comments regarding our proposal.
II. Final Action
We are approving the SIP revision
submitted on November 4, 2020 which
addresses the Prong 4 requirements for
the following NAAQS: 2015 Ozone,
2006 PM2.5, 2008 Ozone, 2010 Nitrogen
dioxide, 2010 Sulfur Dioxide, and the
2012 PM2.5. This action is being taken
under section 110 of the Act.
III. Statutory and Executive Order
Reviews
Under the CAA, 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 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:
E:\FR\FM\10MYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Rules and Regulations]
[Pages 24713-24715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09863]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0739; FRL-10023-50-Region 8]
Approval and Promulgation of Implementation Plans; South Dakota;
Revisions to Air Rules of South Dakota
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 South
Dakota on January 3, 2020 that revises the Administrative Rules of
South Dakota (ARSD), Air Pollution Control Program, updating the
chapter pertaining to definitions. The EPA is taking this action
pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on June 9, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0739. 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 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 through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kate Gregory, (303) 312-6175,
[email protected]. Mail can be directed to the Air and Radiation
Division, U.S. EPA, Region 8, Mail-code 8ARD-QP, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
[[Page 24714]]
I. Background
On January 3, 2020 the State of South Dakota submitted revisions
and additions to the ARSD. In this action, we are approving the
additions to the ARSD pertaining to the definitions section. The
subject of this action is described in detail in our notice of proposed
rulemaking (NPRM) published on February 24, 2021 (86 FR 11211).
II. Final Action
In this rulemaking, the EPA is approving the revisions to the ARSD
submitted by the State of South Dakota on January 3, 2020, specifically
the additions of 74:36:01:01(71) and 74:36:01:01(72) in the definitions
section of the ARSD.1 2 The subsections of the ARSD
definitions section we are approving, 74:36:01:01(71) and
74:36:01:01(72), contain the definitions of `closed landfill' and
`closed landfill subcategory,' respectively. In this action, we are
approving the addition of the abovementioned subsections to the
definitions section of the ARSD. Additional revisions and additions to
the ARSD, related to content that includes `closed landfill' and
`closed landfill subcategory' have been approved in a separate action
[(85 FR 16538) Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; South Dakota; Control of Emissions From
Existing Municipal Solid Waste Landfills].
---------------------------------------------------------------------------
\1\ The additional revisions and additions to the ARSD as they
relate to the SIP referenced in the January 3, 2020 ARSD rule
revision submission by the State of South Dakota were approved in a
prior rule: Air Quality State Implementation Plans; Approval and
Promulgation of Implementation Plans; South Dakota; Infrastructure
Requirements for the 2015 Ozone National Ambient Air Quality
Standards; Revisions to Administrative Rules (85 FR 67653).
\2\ ARSD numbering in the notice of proposed rulemaking for this
action (86 FR 11211) was listed as 74:36:01:01(74) and
74:36:01:01(75). The correct numbering of the ARSD we are acting on
is listed in this notice of final rulemaking as 74:36:01:01(71) and
74:36:01:01(72). The definitions we are approving of `closed
landfill' and `closed landfill subcategory' remain unchanged in both
the proposal and final action.
---------------------------------------------------------------------------
In the table below, the key is as follows:
A--Approve.
D--Disapprove.
Table 1--ARSD Additions That the EPA Is Approving
------------------------------------------------------------------------
------------------------------------------------------------------------
Additions the Administrative Rules of South Dakota (ARSD)
------------------------------------------------------------------------
74:36:01:01(71)............................................... A
74:36:01:01(72)............................................... A
------------------------------------------------------------------------
III. Incorporation by Reference
In this document, 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
ARSD, Air Pollution Control Program, updating the ARSD chapters
pertaining to definitions as is described in the preamble. The EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 8 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 the EPA for inclusion in the SIP, have
been incorporated by reference by the 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 the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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, 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).
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 July 9, 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,
[[Page 24715]]
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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: May 4, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 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 QQ--South Dakota
0
2. In Sec. 52.2170, the table in paragraph (c) is amended by revising
the entry for ``74:36:01:01'' to read as follows:
Sec. 52.2170 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA
Rule No. Rule title effective effective Final rule Comments
date date citation, date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
74:36:01:01................... Definitions...... 11/25/2019 6/9/2021 [insert Federal ................
Register
citation], 5/10/
2021.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-09863 Filed 5-7-21; 8:45 am]
BILLING CODE 6560-50-P
