Air Plan Approval; California; San Diego Air Pollution Control District, 58593-58595 [2021-22885]
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<![CDATA[
Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
electronically through https://
www.regulations.gov and in hard copy
at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
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:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
VerDate Sep<11>2014
16:20 Oct 21, 2021
Jkt 256001
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 December 21,
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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur Oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 14, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
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58593
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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(509)(i)(A)(2) and
(c)(564) to read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(509) * * *
(i) * * *
(A) * * *
(2) Previously approved on November
30, 2018 in paragraph (c)(509)(A)(1) of
this section and now deleted with
replacement in paragraph
(c)(564)(i)(A)(1), Rule 1325.
*
*
*
*
*
(564) New and amended regulations
for the following APCDs were submitted
on April 24, 2019 by the Governor’s
designee.
(i) Incorporation by Reference.
(A) South Coast Air Quality
Management District.
(1) Rule 1325, ‘‘Federal PM2.5 New
Source Review Program’’ amended on
January 4, 2019.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
§ 52.248
[Amended]
3. Section 52.248 is amended by
removing and reserving paragraph (f).
*
*
*
*
*
■
[FR Doc. 2021–22884 Filed 10–21–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0371; FRL–8746–02–
R9]
Air Plan Approval; California; San
Diego Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve revisions to the San Diego Air
Pollution Control District (SDAPCD)
portion of the California State
Implementation Plan (SIP). These
revisions concern emissions of volatile
SUMMARY:
E:\FR\FM\22OCR1.SGM
22OCR1
58594
Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
organic compounds (VOCs) from cold
solvent cleaning and stripping
operations, and from vapor degreasing
operations. We are approving revisions
to local rules that regulate these
emission sources under the Clean Air
Act (CAA or the Act).
This rule is effective on
November 22, 2021.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0371. 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 (CBI) or other information
ADDRESSES:
Local agency
Rule No.
SDAPCD .................................
SDAPCD .................................
67.6.1
67.6.2
We proposed to approve these rules
because we determined that they
comply with the relevant CAA
requirements. Our proposed action
contains more information on the rules
and our evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one nongermane comment.
lotter on DSK11XQN23PROD with RULES1
III. EPA Action
No comments were submitted that
change our assessment of the rules as
described in our proposed action. The
revisions to Rule 67.6.1 cure the
deficiency identified in our partial
disapproval of SDAPCD’s 2016
reasonably available control technology
(RACT) SIP 1 with respect to the
requirement to establish RACT-level
controls for sources covered by the
‘‘Control Techniques Guidelines for
Industrial Cleaning Solvents’’ 2 (‘‘CTG’’),
and addresses our obligation to
promulgate a Federal Implementation
Plan for this CTG source category
associated with our partial disapproval
of the District’s 2016 RACT SIP.3
Additionally, the District revised Rule
67.6.2 to increase the stringency to
1 85 FR 77996 (December 3, 2020) and 85 FR
48127 (August 10, 2020).
2 ‘‘Control Techniques Guidelines for Industrial
Cleaning Solvents,’’ EPA–453/R–06–001, September
2006.
3 Sanctions and FIP clocks still apply as they
relate to deficiencies in other CTG source categories
identified elsewhere in our partial disapproval of
the District’s 2016 RACT SIP (85 FR 77996).
VerDate Sep<11>2014
16:20 Oct 21, 2021
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. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Robert Schwartz, EPA Region IX, 75
Jkt 256001
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3286 or by
email at schwartz.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On August 10, 2021 (86 FR 43615),
the EPA proposed to approve the
following rules into the California SIP.
Revised and
adopted
Rule title
Cold Solvent Cleaning and Stripping Operations ..................
Vapor Degreasing Operations ................................................
qualify for an exemption to the rule.
Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully
approving these rules into the California
SIP. The February 10, 2021 versions of
Rule 67.6.1 and Rule 67.6.2 will replace
the previously approved versions of
these rules in the SIP.
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
SDAPCD rules described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these documents
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
02/10/2021
02/10/2021
Submitted
04/20/2021
04/20/2021
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 the EPA with the
discretionary authority to address, as
E:\FR\FM\22OCR1.SGM
22OCR1
Federal Register / Vol. 86, No. 202 / Friday, October 22, 2021 / Rules and Regulations
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 December 21,
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).)
lotter on DSK11XQN23PROD with RULES1
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.
40 of the Code of Federal Regulations 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 F—California
2. Section 52.220 is amended by
adding paragraphs (c)(354)(i)(F)(5),
(c)(354)(i)(F)(6) and (c)(565) to read as
follows:
■
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(354) * * *
(i) * * *
(F) * * *
(5) Previously approved on October
13, 2009 in paragraph (c)(354)(i)(F)(1) of
this section and now deleted with
replacement in (c)(565)(i)(A)(1), Rule
67.6.1, ‘‘Cold Solvent Cleaning and
Stripping Operations,’’ adopted May 23,
2007.
(6) Previously approved on October
13, 2009 in paragraph (c)(354)(i)(F)(2) of
this section and now deleted with
replacement in (c)(565)(i)(A)(2), Rule
67.6.2, ‘‘Vapor Degreasing Operations,’’
adopted May 23, 2007.
*
*
*
*
*
(565) Amended regulations for the
following APCDs were submitted on
April 20, 2021 by the Governor’s
designee as an attachment to a letter
dated April 16, 2021.
(i) Incorporation by reference.
(A) San Diego Air Pollution Control
District.
(1) Rule 67.6.1, ‘‘Cold Solvent
Cleaning and Stripping Operations,’’
adopted on February 10, 2021.
(2) Rule 67.6.2, ‘‘Vapor Degreasing
Operations,’’ adopted on February 10,
2021.
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2021–22885 Filed 10–21–21; 8:45 am]
BILLING CODE 6560–50–P
Dated: October 13, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends Part 52, chapter I, title
VerDate Sep<11>2014
16:20 Oct 21, 2021
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
■
§ 52.220
58595
[Docket No. 201209–0332]
RTID 0648–XB525
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfers from NJ to RI and MD
to NC
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification; quota transfers.
AGENCY:
NMFS announces that the
states of New Jersey and Maryland are
transferring a portion of their 2021
commercial bluefish quota to the States
of Rhode Island and North Carolina,
respectively. These quota adjustments
are necessary to comply with the
Atlantic Bluefish Fishery Management
Plan quota transfer provisions. This
announcement informs the public of the
revised commercial bluefish quotas for
New Jersey, Rhode Island, Maryland,
and North Carolina.
DATES: Effective October 21, 2021,
through December 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, (978) 281–9225.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found in 50 CFR
648.160 through 648.167. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through Florida. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.162, and the
final 2021 allocations were published
on December 16, 2020 (85 FR 81421).
The final rule implementing
Amendment 1 to the Bluefish Fishery
Management Plan (FMP) published in
the Federal Register on July 26, 2000
(65 FR 45844), and provided a
mechanism for transferring bluefish
quota from one state to another. Two or
more states, under mutual agreement
and with the concurrence of the NMFS
Greater Atlantic Regional Administrator,
can request approval to transfer or
combine bluefish commercial quota
under § 648.162(e)(1)(i) through (iii).
The Regional Administrator must
approve any such transfer based on the
criteria in § 648.162(e). In evaluating
requests to transfer a quota or combine
SUMMARY:
E:\FR\FM\22OCR1.SGM
22OCR1
]]>Agencies
[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Rules and Regulations]
[Pages 58593-58595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22885]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0371; FRL-8746-02-R9]
Air Plan Approval; California; San Diego Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the San Diego Air Pollution Control
District (SDAPCD) portion of the California State Implementation Plan
(SIP). These revisions concern emissions of volatile
[[Page 58594]]
organic compounds (VOCs) from cold solvent cleaning and stripping
operations, and from vapor degreasing operations. We are approving
revisions to local rules that regulate these emission sources under the
Clean Air Act (CAA or the Act).
DATES: This rule is effective on November 22, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0371. 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 (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. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Robert Schwartz, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 972-3286 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On August 10, 2021 (86 FR 43615), the EPA proposed to approve the
following rules into the California SIP.
----------------------------------------------------------------------------------------------------------------
Revised and
Local agency Rule No. Rule title adopted Submitted
----------------------------------------------------------------------------------------------------------------
SDAPCD............................. 67.6.1 Cold Solvent Cleaning and 02/10/2021 04/20/2021
Stripping Operations.
SDAPCD............................. 67.6.2 Vapor Degreasing Operations 02/10/2021 04/20/2021
----------------------------------------------------------------------------------------------------------------
We proposed to approve these rules because we determined that they
comply with the relevant CAA requirements. Our proposed action contains
more information on the rules and our evaluation.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one non-germane comment.
III. EPA Action
No comments were submitted that change our assessment of the rules
as described in our proposed action. The revisions to Rule 67.6.1 cure
the deficiency identified in our partial disapproval of SDAPCD's 2016
reasonably available control technology (RACT) SIP \1\ with respect to
the requirement to establish RACT-level controls for sources covered by
the ``Control Techniques Guidelines for Industrial Cleaning Solvents''
\2\ (``CTG''), and addresses our obligation to promulgate a Federal
Implementation Plan for this CTG source category associated with our
partial disapproval of the District's 2016 RACT SIP.\3\ Additionally,
the District revised Rule 67.6.2 to increase the stringency to qualify
for an exemption to the rule. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving these rules into the
California SIP. The February 10, 2021 versions of Rule 67.6.1 and Rule
67.6.2 will replace the previously approved versions of these rules in
the SIP.
---------------------------------------------------------------------------
\1\ 85 FR 77996 (December 3, 2020) and 85 FR 48127 (August 10,
2020).
\2\ ``Control Techniques Guidelines for Industrial Cleaning
Solvents,'' EPA-453/R-06-001, September 2006.
\3\ Sanctions and FIP clocks still apply as they relate to
deficiencies in other CTG source categories identified elsewhere in
our partial disapproval of the District's 2016 RACT SIP (85 FR
77996).
---------------------------------------------------------------------------
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
SDAPCD rules described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).
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, 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 the EPA with the discretionary authority
to address, as
[[Page 58595]]
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 December 21, 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 13, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends Part 52, chapter I, title 40 of the Code of
Federal Regulations 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 F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(354)(i)(F)(5),
(c)(354)(i)(F)(6) and (c)(565) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(354) * * *
(i) * * *
(F) * * *
(5) Previously approved on October 13, 2009 in paragraph
(c)(354)(i)(F)(1) of this section and now deleted with replacement in
(c)(565)(i)(A)(1), Rule 67.6.1, ``Cold Solvent Cleaning and Stripping
Operations,'' adopted May 23, 2007.
(6) Previously approved on October 13, 2009 in paragraph
(c)(354)(i)(F)(2) of this section and now deleted with replacement in
(c)(565)(i)(A)(2), Rule 67.6.2, ``Vapor Degreasing Operations,''
adopted May 23, 2007.
* * * * *
(565) Amended regulations for the following APCDs were submitted on
April 20, 2021 by the Governor's designee as an attachment to a letter
dated April 16, 2021.
(i) Incorporation by reference.
(A) San Diego Air Pollution Control District.
(1) Rule 67.6.1, ``Cold Solvent Cleaning and Stripping
Operations,'' adopted on February 10, 2021.
(2) Rule 67.6.2, ``Vapor Degreasing Operations,'' adopted on
February 10, 2021.
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2021-22885 Filed 10-21-21; 8:45 am]
BILLING CODE 6560-50-P
