Approval and Promulgation of Implementation Plans; North Dakota; Revisions to Air Pollution Control Rules; Regional Haze, 30387-30389 [2021-11888]
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Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Rules and Regulations
CL–600–2E25 (Series 1000) AFM, CSP D–
012, Revision 23, dated February 14, 2020.
(viii) Section 05–02, ‘‘In-flight Engine
Failures,’’ of Chapter 5, ‘‘ABNORMAL
PROCEDURES,’’ of Bombardier CRJ Series
Regional Jet Model CL–600–2E25 (Series
1000) AFM, CSP D–012, Revision 23, dated
February 14, 2020.
(3) For Bombardier service information
identified in this AD, contact MHI RJ
Aviation ULC, 12655 Henri-Fabre Blvd.,
Mirabel, Que´bec J7N 1E1 Canada; Widebody
Customer Response Center North America
toll-free telephone +1–844–272–2720 or
direct-dial telephone +1–514–855–8500; fax
+1–514–855–8501; email thd.crj@mhirj.com;
internet https://mhirj.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fedreg.legal@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on May 11, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–11956 Filed 6–7–21; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of
Implementation Plans; North Dakota;
Revisions to Air Pollution Control
Rules; Regional Haze
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jbell on DSKJLSW7X2PROD with RULES
This rule is effective on July 8,
2021.
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2021–0002. 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.
ADDRESSES:
Jkt 253001
Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6252, dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The Environmental Protection
Agency (EPA) is finalizing approval on
a revision to the North Dakota State
Implementation Plan (SIP) submitted by
the State of North Dakota on November
11, 2016 and supplemented on March
15, 2021, that addresses amendments to
the regional haze provisions of the
North Dakota Administrative Code
(NDAC). These revisions were
submitted to remove certain regional
haze requirements related to Best
Available Retrofit Technology (BART)
in the first planning period. EPA is also
finalizing approval on a revision to the
North Dakota SIP submitted on August
SUMMARY:
15:53 Jun 07, 2021
DATES:
FOR FURTHER INFORMATION CONTACT:
[EPA–R08–OAR–2021–0002; FRL–10024–
54–Region 8]
VerDate Sep<11>2014
3, 2020, that addresses additional
amendments to the regional haze
provisions of the NDAC. The 2020 SIP
revision was submitted to update the
incorporation by reference date for
regional haze definitions, add emission
reduction requirements to make
reasonable progress during the second
and subsequent regional haze planning
periods, and revise the regional haze
monitoring, recordkeeping, and
reporting requirements to be applicable
under the second and subsequent
planning period. EPA is taking this
action pursuant to section 110 and Part
C of the Clean Air Act (CAA).
The background for this action is
discussed in detail in our April 1, 2021
proposal (86 FR 17101). In that
document we proposed to approve
North Dakota’s regional haze SIP
revision submitted by the State of North
Dakota on November 11, 2016 and
supplemented on March 15, 2021.
Specifically, we proposed to approve
North Dakota’s removal of NDAC
section 33–15–25–02.1 (requirement
pertaining to the submittal of a regional
haze BART analysis) and section 33–15–
25–03 (requirement that references the
federal guidelines for BART
determinations under the regional haze
PO 00000
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30387
rule) from the regional haze provisions
provided in NDAC section 33–15–25.1
We also proposed to approve a
portion of North Dakota’s August 3,
2020, SIP revision that addresses NDAC
section 33.1–15–25 of the Air Pollution
Control Rules for regional haze.2
Specifically, we proposed to approve
the following revisions to NDAC:
Section 33.1–15–25–01 which updates
the incorporation by reference date for
regional haze definitions; section 33.1–
15–25–03 which adds emission
reduction requirements to make
reasonable progress for the second and
subsequent planning periods; and
section 33.1–15–25–04 which revises
the regional haze monitoring,
recordkeeping, and reporting
requirements to be applicable to sources
under the second and subsequent
planning periods.
We did not receive any comments on
the proposed rule.
II. Final Action
In this action, EPA is finalizing
approval on SIP amendments to North
Dakota Air Pollution Control Rules,
shown in Table 1, submitted by the
State of North Dakota on November 11,
2016, and supplemented March 15,
2021, and August 3, 2020.
TABLE 1—LIST OF NORTH DAKOTA
AMENDMENTS THAT EPA IS APPROVING
Amended Sections in the November 11, 2016
Submittal, Supplemented March 15, 2021
NDAC section 33–15–25–02.1,3 NDAC section 33–
15–25–03.4
Amended Sections in the August 3, 2020
Submittal
NDAC section 33.1–15–25–01, NDAC section 33.1–
15–25–03, NDAC section 33.1–15–25–04.
III. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
1 On August 6, 2018, North Dakota submitted a
SIP to EPA that recodified the Air Pollution Control
Rules, including those that address regional haze,
from NDAC section 33–15 to NDAC section 33.1–
15. EPA approved the recodification on February 5,
2019 (84 FR 1610). The recodification made the
regional haze section of NDAC to be changed from
section 33–15–25 to section 33.1–15–25. The 2018
SIP reflected the deletions of section 33.1–15–25–
02.1 and section 33.1–15.25–03 (formerly referred
to as section 33–15–25–02.1 and section 33–15–25–
03).
2 EPA will act on the remaining portions of the
ND August 3, 2020, SIP in a separate future
rulemaking.
3 Since North Dakota’s NDAC recodification in
2018, section 33–15–25–02.1 is referred to as
section 33.1–15–25–02.1.
4 Since North Dakota’s NDAC recodification in
2018, section 33–15–25–03 is referred to as section
33.1–15–25–03.
E:\FR\FM\08JNR1.SGM
08JNR1
30388
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Rules and Regulations
by reference of NDAC as described in
section II of this preamble. 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 EPA for inclusion in the
SIP, 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.5
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);
• 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
Rule No.
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.
State
effective
date
Rule title
*
*
*
EPA
effective
date
*
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 August 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,
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: June 2, 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart JJ—North Dakota
2. In § 52.1820, the table in paragraph
(c) is amended by revising the entries
‘‘33.1–15–25–01’’, 33.1–15–25–02’’,
‘‘33.1–15–25–03’’, and ‘‘33.1–15–25–04’’
to read as follows:
■
§ 52.1820
*
Identification of plan.
*
*
(c) * * *
Final rule
citation/date
*
jbell on DSKJLSW7X2PROD with RULES
Definitions .................................................
7/1/2020
7/8/2021
33.1–15–25–02 .......
Best available retrofit technology .............
7/1/2016
7/8/2021
5 62
*
[insert Federal Register citation],
6/8/2021.
[insert Federal Register citation],
6/8/2021.
FR 27968 (May 22, 1997).
VerDate Sep<11>2014
15:53 Jun 07, 2021
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*
Comments
33.1–15–25. Regional Haze Requirements
33.1–15–25–01 .......
*
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*
Federal Register / Vol. 86, No. 108 / Tuesday, June 8, 2021 / Rules and Regulations
State
effective
date
Rule No.
Rule title
33.1–15–25–03 .......
Emission reduction measures required to
make reasonable progress toward the
national visibility goal.
Monitoring, recordkeeping, and reporting
33.1–15–25–04 .......
*
*
*
*
*
[FR Doc. 2021–11888 Filed 6–7–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 27
[AU Docket No. 21–62; DA 21–567; FR ID
29366]
Certification Adopted for Auction of
Flexible-Use Service Licenses in the
3.45–3.55 Band for Next-Generation
Wireless Services (Auction 110)
Federal Communications
Commission.
ACTION: Final action; requirement and
procedure.
AGENCY:
In this document, the Office
of Economics and Analytics and the
Wireless Telecommunications Bureau
adopt a certification that will be
required of each applicant to participate
in the upcoming auction of flexible-use
licenses in the 3.45–3.55 GHz band
(Auction 110).
DATES: The Commission will publish a
document in the Federal Register
announcing the effective date of the
certification requirement.
FOR FURTHER INFORMATION CONTACT:
Auction 110 Information: Mary Lovejoy
or Andrew McArdell at 202–418–0660.
SUPPLEMENTARY INFORMATION: This is a
summary of the Auction 110
Certification Requirement Public Notice,
released on May 19, 2021. The complete
text of the Auction 110 Certification
Requirement Public Notice, including
attachments and any related documents,
is available on the Commission’s
website at www.fcc.gov/auction/110 or
by using the search function for AU
Docket No. 21–62, DA 21–567, on the
Commission’s Electronic Comment
Filing System (ECFS) web page at
www.fcc.gov/ecfs. Alternative formats
are available to persons with disabilities
by sending an email to FCC504@fcc.gov
or by calling the Consumer &
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
1. By the Auction 110 Certification
Requirement Public Notice, the Office of
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:53 Jun 07, 2021
Jkt 253001
EPA
effective
date
Final rule
citation/date
PO 00000
Comments
7/1/2020
7/8/2021
[insert Federal Register citation],
6/8/2021.
7/1/2020
7/8/2021
[insert Federal Register citation],
6/8/2021.
Economics and Analytics (OEA) and the
Wireless Telecommunications Bureau
(WTB) adopt a certification that will be
required of each applicant to participate
in the upcoming auction of flexible-use
licenses in the 3.45–3.55 GHz band
(Auction 110). Specifically, each
applicant for Auction 110 will be
required to certify in its short-form
application that it has read the public
notice describing the procedures for the
auction and that it has familiarized itself
both with the auction procedures and
with the requirements for obtaining a
license and operating facilities in the
3.45–3.55 GHz band.
2. In the Auction 110 Comment Public
Notice, 86 FR 18000 (April 7, 2021),
released March 18, 2021, the
Commission sought comment on a range
of proposed procedures for conducting
Auction 110, including a proposal to
require each participant in Auction 110
to certify in its short-form application,
under penalty of perjury, that it has read
the public notice adopting procedures
for the auction and that it has
familiarized itself both with the auction
procedures and with the requirements
for obtaining a license and operating
facilities in the 3.45–3.55 GHz band. As
with other certifications required to be
made in an auction application, a failure
to make the certification would render
the application unacceptable for filing,
and the application would be dismissed
with prejudice.
3. The Commission proposed to
establish this requirement to help
ensure that each applicant has reviewed
the procedures to become a qualified
bidder and participate in the auction
process and that it has investigated and
assessed technical and business factors
that may be relevant to its use of the
licenses being offered. The Commission
reasoned that this requirement would
promote an applicant’s successful
participation and would minimize its
risk of auction defaults.
4. This certification is designed to
bolster applicants’ efforts to educate
themselves to the greatest extent
possible about procedures for auction
participation and to ensure that, prior to
submitting their short-form
applications, applicants understand
their obligation to stay abreast of
relevant, forthcoming information. By
Frm 00015
Fmt 4700
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30389
ensuring familiarity with the
Commission’s rules and procedures
governing Auction 110, OEA and WTB
are also taking steps to help bidders
avoid the consequences to them
associated with defaults, as well as the
consequences for other applicants, the
public, and the Commission associated
therewith. This certification, along with
the other certifications required
pursuant to § 1.2105(a) of the
Commission’s rules, helps ensure that
auction applicants are sincere about
their interest in the auction, and it may
discourage the filing of frivolous
applications that waste Commission
resources.
5. For these reasons, OEA and WTB
will require each Auction 110 applicant
to certify as follows in its short-form
application:
That the applicant has read the public notice
adopting procedures for the auction and that
it has familiarized itself both with the
auction procedures and with the
requirements for obtaining a license and
operating facilities in the 3.45–3.55 GHz
band.
An applicant will provide this
certification under penalty of perjury,
consistent with § 1.2105(a) of the
Commission’s rules.
6. This action is taken by the Office
of Economics and Analytics, jointly
with the Wireless Telecommunications
Bureau, pursuant to §§ 0.21(m) and
0.131(c) of the Commission’s rules. This
requirement is an information collection
that is subject to approval by the Office
of Management and Budget (OMB),
pursuant to the Paperwork Reduction
Act of 1995, Public Law 104–13.
Accordingly, this requirement will
apply to applicants for Auction 110 only
if it has been approved by OMB and
notice of such approval has been
published in the Federal Register prior
to the opening of the short-form
application window for Auction 110.
Supplemental Final Regulatory
Flexibility Analysis
7. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), a Supplemental Initial
Regulatory Flexibility Analysis
(Supplemental IRFA) was incorporated
in the Auction 110 Comment Public
Notice released in March 2021. The
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]]>Agencies
[Federal Register Volume 86, Number 108 (Tuesday, June 8, 2021)]
[Rules and Regulations]
[Pages 30387-30389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11888]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0002; FRL-10024-54-Region 8]
Approval and Promulgation of Implementation Plans; North Dakota;
Revisions to Air Pollution Control Rules; Regional Haze
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval on a revision to the North Dakota State Implementation Plan
(SIP) submitted by the State of North Dakota on November 11, 2016 and
supplemented on March 15, 2021, that addresses amendments to the
regional haze provisions of the North Dakota Administrative Code
(NDAC). These revisions were submitted to remove certain regional haze
requirements related to Best Available Retrofit Technology (BART) in
the first planning period. EPA is also finalizing approval on a
revision to the North Dakota SIP submitted on August 3, 2020, that
addresses additional amendments to the regional haze provisions of the
NDAC. The 2020 SIP revision was submitted to update the incorporation
by reference date for regional haze definitions, add emission reduction
requirements to make reasonable progress during the second and
subsequent regional haze planning periods, and revise the regional haze
monitoring, recordkeeping, and reporting requirements to be applicable
under the second and subsequent planning period. EPA is taking this
action pursuant to section 110 and Part C of the Clean Air Act (CAA).
DATES: This rule is effective on July 8, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0002. 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: Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6252, [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 April
1, 2021 proposal (86 FR 17101). In that document we proposed to approve
North Dakota's regional haze SIP revision submitted by the State of
North Dakota on November 11, 2016 and supplemented on March 15, 2021.
Specifically, we proposed to approve North Dakota's removal of NDAC
section 33-15-25-02.1 (requirement pertaining to the submittal of a
regional haze BART analysis) and section 33-15-25-03 (requirement that
references the federal guidelines for BART determinations under the
regional haze rule) from the regional haze provisions provided in NDAC
section 33-15-25.\1\
---------------------------------------------------------------------------
\1\ On August 6, 2018, North Dakota submitted a SIP to EPA that
recodified the Air Pollution Control Rules, including those that
address regional haze, from NDAC section 33-15 to NDAC section 33.1-
15. EPA approved the recodification on February 5, 2019 (84 FR
1610). The recodification made the regional haze section of NDAC to
be changed from section 33-15-25 to section 33.1-15-25. The 2018 SIP
reflected the deletions of section 33.1-15-25-02.1 and section 33.1-
15.25-03 (formerly referred to as section 33-15-25-02.1 and section
33-15-25-03).
---------------------------------------------------------------------------
We also proposed to approve a portion of North Dakota's August 3,
2020, SIP revision that addresses NDAC section 33.1-15-25 of the Air
Pollution Control Rules for regional haze.\2\ Specifically, we proposed
to approve the following revisions to NDAC: Section 33.1-15-25-01 which
updates the incorporation by reference date for regional haze
definitions; section 33.1-15-25-03 which adds emission reduction
requirements to make reasonable progress for the second and subsequent
planning periods; and section 33.1-15-25-04 which revises the regional
haze monitoring, recordkeeping, and reporting requirements to be
applicable to sources under the second and subsequent planning periods.
---------------------------------------------------------------------------
\2\ EPA will act on the remaining portions of the ND August 3,
2020, SIP in a separate future rulemaking.
---------------------------------------------------------------------------
We did not receive any comments on the proposed rule.
II. Final Action
In this action, EPA is finalizing approval on SIP amendments to
North Dakota Air Pollution Control Rules, shown in Table 1, submitted
by the State of North Dakota on November 11, 2016, and supplemented
March 15, 2021, and August 3, 2020.
Table 1--List of North Dakota Amendments That EPA Is Approving
Amended Sections in the November 11, 2016 Submittal, Supplemented March
15, 2021
NDAC section 33-15-25-02.1,\3\ NDAC section 33-15-25-03.\4\
Amended Sections in the August 3, 2020 Submittal
NDAC section 33.1-15-25-01, NDAC section 33.1-15-25-03, NDAC section
33.1-15-25-04.
III. Incorporation by Reference
---------------------------------------------------------------------------
\3\ Since North Dakota's NDAC recodification in 2018, section
33-15-25-02.1 is referred to as section 33.1-15-25-02.1.
\4\ Since North Dakota's NDAC recodification in 2018, section
33-15-25-03 is referred to as section 33.1-15-25-03.
---------------------------------------------------------------------------
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
[[Page 30388]]
by reference of NDAC as described in section II of this preamble. 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 EPA for inclusion in the SIP,
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.\5\
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\5\ 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);
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 August 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, 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: June 2, 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 JJ--North Dakota
0
2. In Sec. 52.1820, the table in paragraph (c) is amended by revising
the entries ``33.1-15-25-01'', 33.1-15-25-02'', ``33.1-15-25-03'', and
``33.1-15-25-04'' to read as follows:
Sec. 52.1820 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA
Rule No. Rule title effective effective Final rule Comments
date date citation/date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
33.1-15-25. Regional Haze Requirements
----------------------------------------------------------------------------------------------------------------
33.1-15-25-01............ Definitions........ 7/1/2020 7/8/2021 [insert Federal
Register
citation], 6/8/
2021.
33.1-15-25-02............ Best available 7/1/2016 7/8/2021 [insert Federal
retrofit Register
technology. citation], 6/8/
2021.
[[Page 30389]]
33.1-15-25-03............ Emission reduction 7/1/2020 7/8/2021 [insert Federal
measures required Register
to make reasonable citation], 6/8/
progress toward 2021.
the national
visibility goal.
33.1-15-25-04............ Monitoring, 7/1/2020 7/8/2021 [insert Federal
recordkeeping, and Register
reporting. citation], 6/8/
2021.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-11888 Filed 6-7-21; 8:45 am]
BILLING CODE 6560-50-P
