Air Plan Approval; Hawaii; Interstate Transport for the 2015 Ozone NAAQS, 73129-73131 [2021-27556]
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Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
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 paragraph (c)(567) to read as
follows:
■
Identification of plan-in part.
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*
*
*
*
(c) * * *
(567) The following materials were
submitted on February 11, 2020, by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board.
(1) Selected portions of CARB
Resolution 19–26, adopted December
12, 2019, as revised and clarified by
Executive Order S–20–031, adopted
November 23, 2020 and Executive Order
S–21–018, adopted October 6, 2021
(Amended Valley Incentive Measure),
containing CARB’s commitments to
achieve 4.83 tpd of NOX reductions and
0.24 tpd of PM2.5 reductions by the
beginning of 2024, and 4.46 tpd of NOX
reductions and 0.26 tpd of PM2.5
reductions by the beginning of 2025,
through implementation of the Carl
Moyer Memorial Air Quality Standards
Attainment Program, the Funding
Agricultural Replacement Measures for
Emission Reductions Program, or
substitute measures.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2021–27798 Filed 12–23–21; 8:45 am]
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
*
40 CFR Part 52
Air Plan Approval; Hawaii; Interstate
Transport for the 2015 Ozone NAAQS
Dated: December 16, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
§ 52.220
ENVIRONMENTAL PROTECTION
AGENCY
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision from
the State of Hawaii addressing
requirements in the Clean Air Act (CAA
or ‘‘Act’’) regarding interstate transport
for the 2015 ozone national ambient air
quality standards (NAAQS). Hawaii
submitted a SIP revision on November
12, 2019, addressing the CAA provision
prohibiting any source or other type of
emissions activity in one state from
emitting any air pollutant in amounts
that will contribute significantly to
nonattainment or interfere with
maintenance of the NAAQS in any other
state (the ‘‘good neighbor’’ provision).
The EPA is finalizing approval of
Hawaii’s good neighbor SIP revision for
the 2015 ozone NAAQS.
DATES: This rule is effective on January
26, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0567. 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:
Thomas Kelly, Air Planning Office
(AIR–2), EPA Region IX, (415) 972–
3856, kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
SUMMARY:
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73129
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On September 28, 2021, the EPA
published a notice of proposed
rulemaking (NPRM or ‘‘proposed rule’’)
for the State of Hawaii.1 We proposed
approval of the Hawaii SIP revision that
addresses the CAA requirement
prohibiting emissions from one state in
amounts which significantly contribute
to nonattainment or interfere with
maintenance of the 2015 ozone NAAQS
in any other state. The Hawaii
Department of Health (HDOH)
submitted its good neighbor SIP revision
for the 2015 ozone NAAQS by letter
dated November 12, 2019.2
We proposed to find that Hawaii
would not significantly contribute to
nonattainment or interfere with
maintenance of the 2015 ozone NAAQS
in any other state. The rationale for
EPA’s proposed rule is provided in the
NPRM.
II. Public Comments
Our September 28, 2021 proposed
rule provided a 30-day public comment
period that closed on October 28, 2021.
We received no adverse comments. One
anonymous commenter supported the
proposed action.
III. Final Action
The EPA is approving, as a revision to
the Hawaii SIP, HDOH’s good neighbor
SIP revision submitted on November 12,
2019. This revision is approved as
meeting CAA section 110(a)(2)(D)(i)(I)
requirements that emissions from each
state do not contribute to nonattainment
or interfere with maintenance of the
2015 ozone NAAQS in any other state.
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 final rule merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
1 86
FR 53571.
dated November 12, 2019, from Bruce
Anderson, Ph.D., Director of Health, HDOH, to Mike
Stoker, Regional Administrator, U.S. EPA, Region
IX.
2 Letter
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73130
Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Rules and Regulations
imposed by state law. For that reason,
this final rule:
• 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
disproportionate human health or
environmental effects with practical,
appropriate, 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 February 25,
2022. 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, Infrastructure SIP, Interstate
transport, Nitrogen oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 15, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations 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 M—Hawaii
2. In § 52.620, amend the table in
paragraph (e) by adding an entry for
‘‘Hawaii State Implementation Plan
Revision to address CAA
110(a)(2)(D)(i)(I) for the 2015 Ozone
National Ambient Air Quality
Standards’’ immediately after the entry
for ‘‘Hawaii State Implementation Plan
Revision to Address CAA Section
110(a)(2)(D)(i)(l) for the 2008 Ozone
National Ambient Air Quality Standard,
excluding Attachment 3’’ to read as
follows:
■
§ 52.620
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED HAWAII NONREGULATORY AND QUASI-REGULATORY MEASURES
Applicable geographic or
nonattainment area or title/
subject
Name of SIP provision
*
*
*
State submittal
date
EPA approval date
*
*
Explanation
*
*
State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM2.5, and Lead
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*
*
Hawaii State Implementation Plan Revision
to
address
CAA
110(a)(2)(D)(i)(I) for the 2015 Ozone
National Ambient Air Quality Standards.
*
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Statewide ..............................
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2019.
December 27, 2021, [Insert
Federal Register citation].
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Approved SIP revision excludes Attachment 2 (‘‘Summary of Public
Participation Proceedings’’).
*
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Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Rules and Regulations
[FR Doc. 2021–27556 Filed 12–23–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[EPA–HQ–OW–2020–0530; FRL–6791–03–
OW]
RIN 2040–AF89
Revisions to the Unregulated
Contaminant Monitoring Rule (UCMR
5) for Public Water Systems and
Announcement of Public Meetings
Environmental Protection
Agency (EPA).
ACTION: Final rule and notice of public
meetings.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is finalizing a
Safe Drinking Water Act (SDWA) rule
that requires certain public water
systems (PWSs) to collect national
occurrence data for 29 per- and
polyfluoroalkyl substances (PFAS) and
lithium. Subject to the availability of
appropriations, EPA will include all
systems serving 3,300 or more people
and a representative sample of 800
systems serving 25 to 3,299 people. If
EPA does not receive the appropriations
needed for monitoring all of these
systems in a given year, EPA will reduce
the number of systems serving 25 to
10,000 people that will be asked to
perform monitoring. This final rule is a
key action to ensure science-based
decision-making and prioritize
protection of disadvantaged
communities in accordance with EPA’s
PFAS Strategic Roadmap. EPA is also
announcing plans for public webinars to
discuss implementation of the fifth
Unregulated Contaminant Monitoring
Rule (UCMR 5).
DATES: This final rule is effective on
January 26, 2022. The incorporation by
reference of certain publications listed
in this final rule is approved by the
Director of the Federal Register as of
January 26, 2022.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OW–2020–0530. 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
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SUMMARY:
VerDate Sep<11>2014
16:06 Dec 23, 2021
Jkt 256001
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Brenda D. Bowden, Standards and Risk
Management Division (SRMD), Office of
Ground Water and Drinking Water
(OGWDW) (MS 140), Environmental
Protection Agency, 26 West Martin
Luther King Drive, Cincinnati, Ohio
45268; telephone number: (513) 569–
7961; email address: bowden.brenda@
epa.gov; or Melissa Simic, SRMD,
OGWDW (MS 140), Environmental
Protection Agency, 26 West Martin
Luther King Drive, Cincinnati, Ohio
45268; telephone number: (513) 569–
7864; email address: simic.melissa@
epa.gov. For general information, visit
the Ground Water and Drinking Water
web page at: https://www.epa.gov/
ground-water-and-drinking-water.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary Information
A. Purpose of the Regulatory Action
1. What action is EPA taking?
2. Does this action apply to me?
3. What is EPA’s authority for taking this
action?
4. What is the applicability date?
B. Summary of the Regulatory Action
C. Economic Analysis
1. What is the estimated cost of this action?
2. What are the benefits of this action?
II. Public Participation
A. What meetings have been held in
preparation for UCMR 5?
B. How do I participate in the upcoming
meetings?
1. Meeting Participation
2. Meeting Materials
III. General Information
A. How are CCL, UCMR, Regulatory
Determination process, and NCOD
interrelated?
B. What are the Consumer Confidence
Reporting and Public Notice Reporting
requirements for public water systems
that are subject to UCMR?
C. What is the UCMR 5 timeline?
D. What is the role of ‘‘States’’ in UCMR?
E. How did EPA consider Children’s
Environmental Health?
F. How did EPA address Environmental
Justice?
G. How did EPA coordinate with Indian
Tribal Governments?
H. How are laboratories approved for
UCMR 5 analyses?
1. Request To Participate
2. Registration
3. Application Package
4. EPA’s Review of Application Package
5. Proficiency Testing
6. Written EPA Approval
I. What documents are being incorporated
by reference?
1. Methods From the U.S. Environmental
Protection Agency
2. Alternative Methods From American
Public Health Association—Standard
Methods (SM)
3. Methods From ASTM International
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73131
IV. Description of Final Rule and Summary
of Responses to Public Comments
A. What contaminants must be monitored
under UCMR 5?
1. This Final Rule
2. Summary of Major Comments and EPA
Responses
a. Aggregate PFAS Measure
b. Legionella Pneumophila
c. Haloacetonitriles
d. 1,2,3-Trichloropropane
B. What is the UCMR 5 sampling design?
1. This Final Rule
2. Summary of Major Comments and EPA
Responses
C. What is the sampling frequency and
timing?
1. This Final Rule
2. Summary of Major Comments and EPA
Responses
D. Where are the sampling locations and
what is representative monitoring?
1. This Final Rule
2. Summary of Major Comments and EPA
Responses
E. How long do laboratories and PWSs
have to report data?
1. This Final Rule
2. Summary of Major Comments and EPA
Responses
F. What are the reporting requirements for
UCMR 5?
1. This Final Rule
2. Summary of Major Comments and EPA
Responses
a. Data Elements
b. Reporting State Data
G. What are the UCMR 5 Minimum
Reporting Levels (MRLs) and how were
they determined?
1. This Final Rule
2. Summary of Major Comments and EPA
Responses
H. What are the requirements for laboratory
analysis of field reagent blank samples?
1. This Final Rule
2. Summary of Major Comments and EPA
Responses
I. How will EPA support risk
communication for UCMR 5 results?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
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]]>Agencies
[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Rules and Regulations]
[Pages 73129-73131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27556]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0567; FRL-9001-02-R9]
Air Plan Approval; Hawaii; Interstate Transport for the 2015
Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision from the State of Hawaii addressing
requirements in the Clean Air Act (CAA or ``Act'') regarding interstate
transport for the 2015 ozone national ambient air quality standards
(NAAQS). Hawaii submitted a SIP revision on November 12, 2019,
addressing the CAA provision prohibiting any source or other type of
emissions activity in one state from emitting any air pollutant in
amounts that will contribute significantly to nonattainment or
interfere with maintenance of the NAAQS in any other state (the ``good
neighbor'' provision). The EPA is finalizing approval of Hawaii's good
neighbor SIP revision for the 2015 ozone NAAQS.
DATES: This rule is effective on January 26, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0567. 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: Thomas Kelly, Air Planning Office
(AIR-2), EPA Region IX, (415) 972-3856, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On September 28, 2021, the EPA published a notice of proposed
rulemaking (NPRM or ``proposed rule'') for the State of Hawaii.\1\ We
proposed approval of the Hawaii SIP revision that addresses the CAA
requirement prohibiting emissions from one state in amounts which
significantly contribute to nonattainment or interfere with maintenance
of the 2015 ozone NAAQS in any other state. The Hawaii Department of
Health (HDOH) submitted its good neighbor SIP revision for the 2015
ozone NAAQS by letter dated November 12, 2019.\2\
---------------------------------------------------------------------------
\1\ 86 FR 53571.
\2\ Letter dated November 12, 2019, from Bruce Anderson, Ph.D.,
Director of Health, HDOH, to Mike Stoker, Regional Administrator,
U.S. EPA, Region IX.
---------------------------------------------------------------------------
We proposed to find that Hawaii would not significantly contribute
to nonattainment or interfere with maintenance of the 2015 ozone NAAQS
in any other state. The rationale for EPA's proposed rule is provided
in the NPRM.
II. Public Comments
Our September 28, 2021 proposed rule provided a 30-day public
comment period that closed on October 28, 2021. We received no adverse
comments. One anonymous commenter supported the proposed action.
III. Final Action
The EPA is approving, as a revision to the Hawaii SIP, HDOH's good
neighbor SIP revision submitted on November 12, 2019. This revision is
approved as meeting CAA section 110(a)(2)(D)(i)(I) requirements that
emissions from each state do not contribute to nonattainment or
interfere with maintenance of the 2015 ozone NAAQS in any other state.
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 final rule merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those
[[Page 73130]]
imposed by state law. For that reason, this final rule:
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 disproportionate human health or environmental effects with
practical, appropriate, 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 February 25, 2022. 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, Infrastructure SIP, Interstate transport, Nitrogen oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 15, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C 7401 et seq.
Subpart M--Hawaii
0
2. In Sec. 52.620, amend the table in paragraph (e) by adding an entry
for ``Hawaii State Implementation Plan Revision to address CAA
110(a)(2)(D)(i)(I) for the 2015 Ozone National Ambient Air Quality
Standards'' immediately after the entry for ``Hawaii State
Implementation Plan Revision to Address CAA Section 110(a)(2)(D)(i)(l)
for the 2008 Ozone National Ambient Air Quality Standard, excluding
Attachment 3'' to read as follows:
Sec. 52.620 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Hawaii Nonregulatory and Quasi-Regulatory Measures
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Applicable geographic
Name of SIP provision or nonattainment area State submittal date EPA approval date Explanation
or title/subject
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* * * * * * *
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State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM, and Lead
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaii State Implementation Plan Statewide............ November 12, 2019....... December 27, 2021, [Insert Federal Approved SIP revision
Revision to address CAA Register citation]. excludes Attachment 2
110(a)(2)(D)(i)(I) for the 2015 (``Summary of Public
Ozone National Ambient Air Participation
Quality Standards. Proceedings'').
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* * * * * * *
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[[Page 73131]]
[FR Doc. 2021-27556 Filed 12-23-21; 8:45 am]
BILLING CODE 6560-50-P
