Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 10015 

(c) If the Associate General Counsel 

determines that a Governor is engaged 

in activity which involves a violation of 

federal statute or regulation, including 

the ethical conduct regulations 

contained in 5 CFR parts 2635 and 7001, 

or conduct which creates the 

appearance of such a violation, he or 

she shall bring this to the attention of 

the Governor or shall notify the General 

Counsel, the Chairman of the Board of 

Governors, or the Vice Chairman, as 

appropriate. 

Michael J. Elston, 

Secretary of the Board of Governors. 

[FR Doc. 2021–00485 Filed 2–17–21; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2018–0062; FRL–10018– 

22–Region 10] 

Air Plan Approval; Washington; 

Interstate Transport Requirements for 

the 2010 Sulfur Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State 

Implementation Plan (SIP) revisions 

submitted by Washington on February 

7, 2018 as meeting certain Clean Air Act 

(CAA) requirements for interstate 

transport of the 2010 1-hour Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standards (NAAQS). The EPA 

has determined that emissions from 

Washington sources will not contribute 

significantly to nonattainment or 

interfere with the maintenance of the 

2010 1-hour SO2 NAAQS in any other 

state. 

DATES: This final rule is effective March 

22, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2018–0062. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information the 

disclosure of which 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 at https://

www.regulations.gov, or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: John 

Chi, EPA Region 10, Air and Radiation 

Division, 1200 Sixth Avenue—Suite 

155, Seattle, WA 98101, at 206–553– 

1185, or chi.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, it means 

the EPA. 

I. Background 

On July 27, 2020, the EPA proposed 

to approve the February 7, 2018 SIP 

submission from Washington as meeting 

certain Clean Air Act (CAA) interstate 

transport requirements for the 2010 

1-hour SO2 NAAQS (85 FR 45146). The 

reasons for our proposed approval were 

stated in the proposed rulemaking and 

will not be re-stated here. The public 

comment period for the proposed 

rulemaking was reopened on September 

22, 2020 (85 FR 59486), due to an 

incorrect docket number, and closed on 

October 22, 2020. We received no 

comments. Therefore, we are finalizing 

our rulemaking as proposed. 

II. Final Action 

In this final action, the EPA is 

approving the February 7, 2018 SIP 

submission from Washington as meeting 

the interstate transport requirements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2010 1-hour SO2 NAAQS. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 the 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 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

• 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, this final action does not 

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 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). 


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10016 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Rules and Regulations 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by April 19, 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, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 9, 2021. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 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 WW—Washington 

■ 2. In § 52.2470, Table 2 in paragraph 

(e) is amended by adding an entry for 

‘‘Interstate Transport for the 2010 SO2

NAAQS’’ immediately below the entry 

‘‘Interstate Transport for the 2015 Ozone 

NAAQS’’ to read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(e) * * * 

TABLE 2—ATTAINMENT, MAINTENANCE, AND OTHER PLANS

Name of SIP provision 

Applicable 

geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanations 

*******

110(a)(2) Infrastructure and Interstate Transport 

*******

Interstate Transport for the 2010 SO2

NAAQS.

Statewide ............... 2/7/2018 2/18/2021, [Insert 

Federal Register 

citation].

This action addresses CAA 

110(a)(2)(D)(i)(I). 

* * * * * * * 

[FR Doc. 2021–03032 Filed 2–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2020–0213; FRL–10017– 

20–Region 9] 

Air Plan Approval; California; 

Consumer Products Regulations; 

Correcting Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendment. 

SUMMARY: On September 16, 2020, the 

Environmental Protection Agency (EPA) 

issued a final rule titled ‘‘Air Plan 

Approval; California; Consumer 

Products Regulations.’’ That publication 

inadvertently omitted the amendatory 

instructions revising the entries that 

relate to California’s Tables of 

Maximum Incremental Reactivity (MIR) 

Values in the table listing the approved 

State rules in the California state 

implementation plan (SIP). This 

document corrects this omission and 

revises the entries accordingly. 

DATES: This rule is effective on February 

18, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2020–0213. 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. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Buss, EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105. Phone: (415) 947–4152 or by 

email at buss.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

September 16, 2020 (85 FR 57703), the 

Environmental Protection Agency (EPA) 

issued a final rule titled ‘‘Air Plan 

Approval; California; Consumer 

Products Regulations.’’ That publication 

inadvertently omitted the amendatory 

instruction revising the entries for 

sections 94700 (‘‘MIR Values for 

Compounds’’) and 94701 (‘‘MIR Values 

for Hydrocarbon Solvents’’) of title 17 of 

the California Code of Regulations 

(CCR). This action corrects the omission 

and revises the entries as intended in 

the September 16, 2020 final rule. 

The EPA has determined that this 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action is unnecessary 

because the underlying rule for which 


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