Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations 9857 

statistical area adjacent to a 

metropolitan statistical area, as those 

terms are defined by the U.S. Office of 

Management and Budget; or a census 

block that is not in an urban area, as 

defined by the U.S. Census Bureau 

using the latest decennial census of the 

United States. An area is considered to 

be underserved during a calendar year 

if, according to HMDA data for the 

preceding calendar year, it is a county 

in which no more than two creditors 

extended covered transactions secured 

by first liens on properties in the county 

five or more times. 

A. The Bureau determines annually 

which counties in the United States are 

rural or underserved as defined by 

§ 1026.35(b)(2)(iv)(A)(1) or 

§ 1026.35(b)(2)(iv)(B) and publishes on 

its public website lists of those counties 

to assist creditors in determining 

whether they meet the criterion at 

§ 1026.35(b)(2)(iii)(A). Creditors may 

also use an automated tool provided on 

the Bureau’s public website to 

determine whether specific properties 

are located in areas that qualify as 

‘‘rural’’ or ‘‘underserved’’ according to 

the definitions in § 1026.35(b)(2)(iv) for 

a particular calendar year. In addition, 

the U.S. Census Bureau may also 

provide on its public website an 

automated address search tool that 

specifically indicates if a property 

address is located in an urban area for 

purposes of the Census Bureau’s most 

recent delineation of urban areas. For 

any calendar year that begins after the 

date on which the Census Bureau 

announced its most recent delineation 

of urban areas, a property is located in 

an area that qualifies as ‘‘rural’’ 

according to the definitions in 

§ 1026.35(b)(2)(iv) if the search results 

provided for the property by any such 

automated address search tool available 

on the Census Bureau’s public website 

do not identify the property as being in 

an urban area. 

B. For example, if a creditor extended 

during 2017 a first-lien covered 

transaction that is secured by a property 

that is located in an area that meets the 

definition of rural or underserved under 

§ 1026.35(b)(2)(iv), the creditor meets 

this element of the exception for any 

transaction consummated during 2018. 

C. Alternatively, if the creditor did 

not extend in 2017 a transaction that 

meets the definition of rural or 

underserved test under 

§ 1026.35(b)(2)(iv), the creditor satisfies 

this criterion for any transaction 

consummated during 2018 for which it 

received the application before April 1, 

2018, if it extended during 2016 a firstlien covered transaction that is secured 

by a property that is located in an area 

that meets the definition of rural or 

underserved under § 1026.35(b)(2)(iv). 

ii. During the preceding calendar year, 

or, if the application for the transaction 

was received before April 1 of the 

current calendar year, during either of 

the two preceding calendar years, the 

creditor together with its affiliates 

extended no more than 2,000 covered 

transactions, as defined by 

§ 1026.43(b)(1), secured by first liens, 

that were sold, assigned, or otherwise 

transferred to another person, or that 

were subject at the time of 

consummation to a commitment to be 

acquired by another person, to satisfy 

the requirement of 

§ 1026.35(b)(2)(iii)(B). 

iii. As of the preceding December 

31st, or, if the application for the 

transaction was received before April 1 

of the current calendar year, as of either 

of the two preceding December 31sts, 

the creditor and its affiliates that 

regularly extended covered transactions 

secured by first liens, together, had total 

assets that do not exceed the applicable 

asset threshold established by the 

Bureau, to satisfy the requirement of 

§ 1026.35(b)(2)(iii)(C). The Bureau 

publishes notice of the asset threshold 

each year by amending comment 

35(b)(2)(iii)–1.iii. 

* * * * * 

Dated: January 19, 2021. 

Grace Feola, 

Federal Register Liaison, Bureau of Consumer 

Financial Protection. 

[FR Doc. 2021–01572 Filed 2–16–21; 8:45 am] 

BILLING CODE 4810–AM–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2019–0720; FRL–10017– 

00–Region 2] 

Approval of Source-Specific Air 

Quality Implementation Plans; New 

Jersey 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) approves a revision to the 

State of New Jersey’s State 

Implementation Plan (SIP) for the ozone 

National Ambient Air Quality Standard 

(NAAQS) related to a source-specific 

SIP for CMC Steel New Jersey, located 

at 1 N Crossman, Sayreville, New Jersey 

(Facility). The control options in this 

source-specific SIP address volatile 

organic compounds (VOC) and nitrogen 

oxide (NOX) Reasonably Available 

Control Technology (RACT) for the 

Facility’s electric arc furnace (Sayreville 

EAF) to continue to operate under the 

current New Jersey Department of 

Environmental Protection (NJDEP) 

approved VOC and NOX emission limits 

for the Sayreville EAF. 

DATES: The final rule is effective on 

March 19, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2019–0720. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available electronically 

through http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Linda Longo, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866, (212) 637–3565, or by email at 

longo.linda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. The EPA’s Evaluation of New Jersey’s 

Submittal 

III. What comments were received in 

response to the EPA’s proposed action? 

IV. Summary of EPA’s Final Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

The EPA approves a revision to the 

State of New Jersey’s (the State) SIP for 

attainment and maintenance of the 

ozone National Ambient Air Quality 

Standards (NAAQS). On July 15, 2020 

(85 FR 42803), the EPA proposed to 

approve the State’s April 30, 2019, SIP 

revision, which relates to the 

application of the New Jersey 

Administrative Code (NJAC) Title 7, 

Chapter 27, Subchapter 16, ‘‘Control 

and Prohibition of Air Pollution from 

Volatile Organic Compounds’’ (NJAC 

7:27–16) and the NJAC, Title 7, Chapter 

27, Subchapter 19, ‘‘Control and 

Prohibition of Air Pollution from Oxides 

of Nitrogen’’ (NJAC 7:27–19) to the 

Sayreville EAF. Under this SIP revision, 

the emission limits for VOC and NOX

for the Sayreville EAF are the lowest 

emission limits achievable with the 

application of control technology that is 

reasonably available given the 


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9858 Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

technological and economic feasibility 

considerations associated with 

operating the Sayreville EAF (i.e., RACT 

for the Sayreville EAF). The Facility is 

allowed to continue to operate under its 

current approved emission limits of 57 

pounds per hour (lb/hr) of VOC and 31 

lb/hr of NOX for the Sayreville EAF, 

because its request to be covered under 

alternative control plans for VOC 

pursuant to NJAC 7:27 Subchapter 16 

and for NOX pursuant to NJAC 7:27 

Subchapter 19 met the State’s deadlines 

and statutory criteria for approval. A 

full summary of EPA’s findings for this 

source-specific SIP revision is included 

in the technical support document that 

is contained in EPA’s docket assigned to 

this Federal Register document. 

II. The EPA’s Evaluation of New 

Jersey’s Submittals 

The EPA’s approval is based on the 

conclusion that the State’s April 30, 

2019 SIP revision to authorizing the 

Facility to continue to operate under 

existing VOC and NOX emission limits 

for the Sayreville EAF operated by CMC 

Steel New Jersey conforms with the 

State’s regulations under NJAC 7:27– 

16.17 and NJAC 7:27–19.13. After 

reviewing CMC Steel New Jersey’s 

updated facility-specific VOC and NOX

control plans, which were submitted to 

NJDEP, that are the subject of this 

source-specific SIP revision, the EPA 

makes the following determination: 

(1) The Facility qualifies to continue 

to operate under the current NJDEPapproved emission limits for VOC and 

NOX. Under NJAC: 7:27–16.17(c)(3), 

facilities that sought to continue 

operating with an alternative VOC 

control plan that was approved prior to 

May 19, 2009, were required to submit 

updated proposed VOC control plans to 

NJDEP for review by August 17, 2009. 

Similarly, under NJAC: 7:27–19.13(a)(3), 

facilities that sought to continue to 

operate under existing facility-specific 

NOX control plans that were approved 

prior to May 1, 2005, were required to 

submit updated proposed NOX control 

plans to NJDEP for review by August 17, 

2009. The Facility met both deadlines 

with the submission of its VOC and 

NOX control plans, respectively. 

(2) The Facility’s Operating Permit, 

issued pursuant to Title V of the Clean 

Air Act (CAA), 42 U.S.C. 7661a, 

describes a facility-specific VOC 

emission limit of 57 lb/hr and a facilityspecific maximum allowable NOX

emission limit of 31 lb/hr, both of which 

are consistent with the updated VOC 

and NOX control plans that are the 

subject of this SIP revision. 

(3) The EPA’s consultation with air 

pollution control experts from NJDEP 

and EPA confirms the Facility’s RACT 

analysis conclusion that no comparable 

electric arc furnace emission control 

technologies are deployed at other 

facilities nationwide. For a detailed 

explanation and evaluation of the SIP 

revision, refer to the proposed 

rulemaking. See 85 FR 42803, July 15, 

2020. 

III. What comments were received in 

response to the EPA’s proposed action? 

The EPA received no public 

comments in response to the July 15, 

2020 proposed rulemaking. Therefore, 

the EPA approves this SIP revision with 

no further changes. 

IV. Summary of the EPA’s Final Action 

The EPA approves the State of New 

Jersey’s SIP revision dated April 30, 

2019, which includes a source-specific 

SIP for CMC Steel New Jersey, located 

at 1 N Crossman, Sayreville, New Jersey. 

The control options in this sourcespecific SIP address the State of New 

Jersey’s RACT requirements included in 

NJAC 7:27–16, ‘‘Control and Prohibition 

of Air Pollution from Volatile Organic 

Compounds’’ and New Jersey NJAC 

7:27–19, ‘‘Control and Prohibition of Air 

Pollution from Oxides of Nitrogen’’, 

both effective January 16, 2018. The 

EPA makes the following findings: (1) 

The Facility met NJDEP’s statutory 

criteria and deadlines to qualify for 

continuing to operate under existing 

VOC and NOX emission limits; (2) the 

Facility meets emission limits set by 

NJDEP for VOC emission rate at 57 lb/ 

hr and for NOX emission rate at 31 lb/ 

hr; and (3) the Facility implements 

RACT controls for VOC and NOX—for 

VOC, through execution of the Scrap 

Management Plan and operating a direct 

evacuation system and for NOX, through 

application of good operating practices 

that maintain a constant temperature in 

the preheater chamber and minimizes 

electricity consumption to avoid 

indirect NOX emissions. The Facility 

has demonstrated that it meets all 

applicable requirements of the CAA and 

it will not interfere with any applicable 

requirements pertaining to attainment of 

the NAAQS and reasonable further 

progress or with any other applicable 

requirement of the CAA. 

V. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is incorporating by 

reference the provisions described 

above in Section IV. Summary of the 

EPA’s Final Action. The EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 2 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State Implementation Plan, have 

been incorporated by reference by the 

EPA into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rulemaking of the EPA’s approval, 

and will be incorporated by reference in 

the next update to the SIP compilation.1

VI. 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 final action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Order 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 


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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Rules and Regulations 9859 

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 

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 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 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 10, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2. 

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 FF—New Jersey 

■ 2. Section 52.1570 is amended in 

paragraph (d) by adding an entry for 

CMC Steel New Jersey to the end of the 

table to read as follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED NEW JERSEY SOURCE-SPECIFIC PROVISIONS

Name of source Identifier No. State effective date EPA approval date Comments 

*******

CMC Steel New Jersey ............. BOP 150002; PI 18052; Emission Unit U1 ........ May 1, 2019 .............. February 17, 2021 .... None. 

* * * * * 

[FR Doc. 2021–03055 Filed 2–16–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2019–0641; FRL–10017–26] 

Clopyralid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of clopyralid in 

or on the caneberry subgroup 13–07A, 

the bulb onion subgroup 3–07A, and 

intermediate wheatgrass bran, forage, 

germ, grain, middling, shorts, and straw. 

Interregional Research Project Number 4 

(IR–4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

February 17, 2021. Objections and 

requests for hearings must be received 

on or before April 19, 2021, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2019–0641, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 


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