Approval and Promulgation of Implementation Plans; Utah; Source Category Exemptions, 28493-28494 [2021-11189]
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Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules and Regulations
on his behalf. The designated
representative of the Captain of the Port
Detroit will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Captain of the Port Detroit or his
designated representative may be
contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his designated representative to
obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Detroit or his
designated representative.
Dated: May 20, 2021.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2021–11274 Filed 5–26–21; 8:45 am]
BILLING CODE 9110–04–P
40 CFR Part 52
[EPA–R08–OAR–2021–0056; FRL–10024–
14–Region 8]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve the State of Utah’s Source
Category Exemptions Revisions as
submitted on November 5, 2019. The
EPA is taking this action pursuant to
section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on June 28,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–R08–2021–0056.
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.
jbell on DSKJLSW7X2PROD with RULES
16:14 May 26, 2021
Jkt 253001
I. Background
The background for this action is
discussed in detail in our March 15,
2021 proposed rule (48 FR 14297). In
that document we proposed to approve
the addition of R307–401–10(6), which
adds gasoline dispensing facilities as
exempt from going through the approval
order process, as outlined in R307–401,
unless they are otherwise major sources,
by adding the following language to the
State of Utah’s permitting program in
R307–401–10(6):
We invited comments on all aspects
of our proposed rulemaking and
provided a 30-day comment period. The
comment period ended on April 15,
2021.
Approval and Promulgation of
Implementation Plans; Utah; Source
Category Exemptions
VerDate Sep<11>2014
Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–6227, leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
‘‘A gasoline dispensing facility as defined
in 40 CFR 63.11132 that is not a major source
as defined in R307–101–2. These sources
shall comply with the applicable
requirements of R307–328 (Gasoline Transfer
and Storage) and 40 CFR part 63, subpart
CCCCCC: National Emission Standards for
Hazardous Air Pollutants for Source
Category: Gasoline Dispensing Facilities.’’
ENVIRONMENTAL PROTECTION
AGENCY
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
II. Response to Comments
We received no comments during the
public comment period.
III. Final Action
For reasons outlined in our March 15,
2021 proposed rulemaking, we are
taking final action to approve the
addition of R307–401–10(6) as
submitted by Utah on November 5,
2019.
IV. 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 the State
of Utah’s State Implementation Plan as
described in sections I and III of this
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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
28493
the State implementation plan, 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.1
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, 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);
• 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
1 62
FR 27968 (May 22, 1997).
E:\FR\FM\27MYR1.SGM
27MYR1
28494
Federal Register / Vol. 86, No. 101 / Thursday, May 27, 2021 / Rules and Regulations
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
Rule No.
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 26, 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,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
State
effective
date
Rule title
*
*
*
*
R307–401–10 ...
*
*
*
*
*
*
*
[FR Doc. 2021–11189 Filed 5–26–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2020–0713; FRL–10024–
03–Region 6]
Air Plan Approval; Texas; Revisions to
the Texas Diesel Emissions Reduction
Incentive Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jbell on DSKJLSW7X2PROD with RULES
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a revision to the Texas
SUMMARY:
VerDate Sep<11>2014
16:14 May 26, 2021
Jkt 253001
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. In § 52.2320, amend the table in
paragraph (c) by revising the entry
‘‘R307–401–10’’ under the heading
entitled ‘‘R307–401. Permit: New and
Modified Sources’’ to read as follows:
■
§ 52.2320
*
Identification of plan.
*
*
(c) * * *
*
*
Comments
*
*
08/02/2018
*
*
*
[insert Federal Register citation], 5/27/
2021.
*
*
State Implementation Plan (SIP) that
pertains to the Texas Diesel Emissions
Reduction Incentive Program, submitted
on August 13, 2020.
DATES: This rule is effective on June 28,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2020–0713. 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: Carl
Young, EPA Region 6 Office,
PO 00000
40 CFR part 52 is amended as follows:
*
Permit: New and Modified Sources
*
*
Source Category Exemptions .................
*
Dated: May 20, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
Final rule
citation, date
*
R307–401
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Frm 00026
Fmt 4700
Sfmt 4700
*
*
*
Infrastructure and Ozone Section, 214–
665–6645, young.carl@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 March 16,
2021 proposal (86 FR 14396). In that
document, we proposed to approve a
revision to the Texas SIP that pertains
to the Texas Diesel Emissions Reduction
Incentive Program. Specifically, we
proposed to approve revisions to 30
E:\FR\FM\27MYR1.SGM
27MYR1
]]>Agencies
[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Rules and Regulations]
[Pages 28493-28494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11189]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0056; FRL-10024-14-Region 8]
Approval and Promulgation of Implementation Plans; Utah; Source
Category Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the State of Utah's Source Category Exemptions
Revisions as submitted on November 5, 2019. The EPA is taking this
action pursuant to section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on June 28, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-R08-2021-0056. 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: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, (303) 312-6227, [email protected].
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 March
15, 2021 proposed rule (48 FR 14297). In that document we proposed to
approve the addition of R307-401-10(6), which adds gasoline dispensing
facilities as exempt from going through the approval order process, as
outlined in R307-401, unless they are otherwise major sources, by
adding the following language to the State of Utah's permitting program
in R307-401-10(6):
``A gasoline dispensing facility as defined in 40 CFR 63.11132
that is not a major source as defined in R307-101-2. These sources
shall comply with the applicable requirements of R307-328 (Gasoline
Transfer and Storage) and 40 CFR part 63, subpart CCCCCC: National
Emission Standards for Hazardous Air Pollutants for Source Category:
Gasoline Dispensing Facilities.''
We invited comments on all aspects of our proposed rulemaking and
provided a 30-day comment period. The comment period ended on April 15,
2021.
II. Response to Comments
We received no comments during the public comment period.
III. Final Action
For reasons outlined in our March 15, 2021 proposed rulemaking, we
are taking final action to approve the addition of R307-401-10(6) as
submitted by Utah on November 5, 2019.
IV. 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 the
State of Utah's State Implementation Plan as described in sections I
and III of this 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 State implementation plan, 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.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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);
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
[[Page 28494]]
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 26, 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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: May 20, 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 for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart TT--Utah
0
2. In Sec. 52.2320, amend the table in paragraph (c) by revising the
entry ``R307-401-10'' under the heading entitled ``R307-401. Permit:
New and Modified Sources'' to read as follows:
Sec. 52.2320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State Final rule
Rule No. Rule title effective date citation, date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R307-401 Permit: New and Modified Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
R307-401-10............. Source Category 08/02/2018 [insert Federal .............................
Exemptions. Register
citation], 5/27/
2021.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-11189 Filed 5-26-21; 8:45 am]
BILLING CODE 6560-50-P
