43954 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

TABLE 3—DESTINATION ENTRY SERVICE STANDARD DAY RANGES FOR MAIL TO THE CONTIGUOUS 48 STATES AND THE

DISTRICT OF COLUMBIA

Mail class 

Contiguous United States 

Destination entry 

(at appropriate facility) 

DDU 

(days) 

SCF 

(days) 

ADC 

(days) 

NDC 

(days) 

Periodicals ....................................................................................................... 1 1 1–2 2–3 

USPS Marketing Mail ...................................................................................... 2 3–4 ........................ 5 

Package Services ............................................................................................ 1 2 ........................ 3 

Table 4. Destination entry service standard 

day ranges for mail to non-contiguous states 

and territories. 

TABLE 4—DESTINATION ENTRY SERVICE STANDARD DAY RANGES FOR MAIL TO NON-CONTIGUOUS STATES AND

TERRITORIES

Mail class 

Destination entry (at appropriate facility) 

DDU 

(days) 

SCF 

(days) 

ADC 

(days) 

NDC 

(days) 

Alaska 

Hawaii, 

Guam, 

MP, & AS 

PR & USVI Alaska 

Hawaii, 

Guam, MP, 

& AS 

PR & USVI Alaska 

Hawaii, 

Guam, 

MP, & AS 

PR & USVI 

Periodicals ........................ 1 1–3 1 1–3 1–4 (AK) .....

11 (JNU) 

11 (KTN) 

1 (HI) ..........

2 (GU) 

1–4 10–11 10 8–10 

USPS Marketing Mail ....... 2 3–4 3–5 3–5 .................... .................... .................. 14 13 12 

Package Services ............ 1 2 2–3 2–3 .................... .................... .................. 12 11 11 

AK = Alaska 3-digit ZIP Codes 995–997; JNU = Juneau AK 3-digit ZIP Code 998; KTN = Ketchikan AK 3-digit ZIP Code 999; HI = Hawaii 3-digit ZIP Codes 967 

and 968; GU = Guam 3-digit ZIP Code 969. 

Ruth Stevenson, 

Chief Counsel, Ethics and Legal Compliance. 

[FR Doc. 2021–17127 Filed 8–6–21; 4:15 pm] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0212; FRL–8738–02– 

R10] 

Air Plan Approval; OR; Updates to 

Adoption by Reference of Federal 

Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Oregon State Implementation Plan 

(SIP) submitted on January 29, 2021. 

The revision updates the date by which 

Federal provisions are adopted by 

reference into the Oregon SIP, making 

air quality requirements more current. 

DATES: This final rule is effective 

September 10, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0212. 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: 

Kristin Hall (15–H13), EPA Region 10, 

1200 Sixth Avenue (Suite 155), Seattle, 

WA 98101, (206) 553–6357, 

hall.kristin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we’’ or ‘‘our’’ is used, it refers to the 

EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

On January 29, 2021, the Oregon 

Department of Environmental Quality 

submitted a SIP revision to the EPA for 

approval. The revision, State effective 

January 21, 2021, updates the adoption 

by reference of Federal requirements 

used throughout the Oregon air quality 

rules. Oregon’s air quality rules are 

codified in Divisions 200 through 268 of 

Chapter 340 of the Oregon 

Administrative Rules (OAR). 

We proposed to approve the revisions 

on April 5, 2021 (86 FR 17569). The 

reasons for our proposed approval were 

included in the proposal and will not be 

restated here. The public comment 

period for our proposal closed on May 

5, 2021. We received two public 

comments. 

II. Response to Comments 

Comments 

The commenters raised a wide range 

of concerns, including but not limited to 

the importance of human rights, legal 

recourse for victims of crimes, and just 

compensation for personal injury and 

loss of property. Most of the concerns 

raised by the commenters are broad in 

nature and do not identify any specific 

requirements that are inconsistent with 

Clean Air Act (CAA) requirements. 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 43955 

1 62 FR 27968 (May 22, 1997). 

Therefore, we consider them outside the 

scope of this action. However, we have 

determined that one issue raised is 

within the scope of this action and 

requires a response. Specifically, one 

commenter alleged, generally, that 

incorporation by reference is illegal. 

Response 

We disagree with the commenter’s 

assertion that incorporation by reference 

is illegal. On the contrary, section 552(a) 

of title 5, United States Code provides 

that reasonably available materials are 

considered published in the Federal 

Register when those materials are 

incorporated by reference therein and 

approved by the Director of the Federal 

Register. The Code of Federal 

Regulations (CFR) at 1 CFR part 51 sets 

forth the requirements that agencies 

must follow to incorporate materials by 

reference. In this rulemaking, the EPA is 

complying with the law by adhering to 

the requirements of 1 CFR part 51, as 

authorized by section 552(a) of title 5, 

United States Code. 

To the extent the commenter has 

concerns about Oregon’s incorporation 

of certain Federal regulations by 

reference into State rules, Oregon 

promulgated the rule revisions in 

accordance with State and CAA 

procedural requirements. 

Documentation of Oregon’s rulemaking 

process is included in the docket for 

this action. Also, in approving SIPs 

under section 110 of the Clean Air Act 

(CAA), Congress gave states the lead in 

developing plans to implement, 

maintain, and enforce the national 

ambient air quality standards 

(NAAQS)—standards designed to 

protect public health and welfare from 

air pollution. In reviewing state plans, 

the EPA’s role is to approve state 

choices, provided that they meet the 

criteria of the CAA. See 42 U.S.C. 

7410(k) and 40 CFR 52.02(a). In this 

case, Oregon submitted State 

administrative rules to the EPA and 

requested that the EPA approve the 

rules into the Oregon SIP. Our action on 

the January 29, 2021 Oregon 

submission, with which the commenter 

takes issue, approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. 

Therefore, we are finalizing our action 

as proposed. 

III. Final Action 

The EPA is approving, and 

incorporating by reference, revisions to 

the Oregon SIP submitted on January 29, 

2021. Upon the effective date of this 

action, the Oregon SIP will include the 

following regulations, State effective 

January 21, 2021: 

• OAR 340–200–0035, Reference 

Materials; and 

• OAR 340–244–0030, General 

Provisions for Stationary Sources: 

Definitions, only to the extent needed to 

implement the requirements for gasoline 

dispensing facilities in Division 244 that 

are approved into the SIP for the 

purposes of regulating VOC emissions. 

IV. 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, we are finalizing the incorporation 

by reference of Oregon regulatory 

provisions as described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region 10 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 SIP, 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 rule of the 

EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

V. 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 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 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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 it 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 


jbell on DSKJLSW7X2PROD with RULES
43956 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

Court of Appeals for the appropriate 

circuit by October 12, 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. 

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

Dated: August 3, 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 MM—Oregon 

■ 2. In § 52.1970, paragraph (c), amend 

table 2 by revising the entries for ‘‘200– 

0035’’ and ‘‘244–0030’’ and revising 

footnote number 3 to read as follows: 

§ 52.2470 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR) 1

State citation Title/subject State effective 

date 

EPA 

approval 

date 

Explanations 

CHAPTER 340—DEPARTMENT OF ENVIRONMENTAL QUALITY 

*******

Division 200—General Air Pollution Procedures and Definitions 

*******

200–0035 ................................ Reference Materials ............... 1/21/2021 8/11/2021, [Insert Federal 

Register citation].

* * * * * * * 

Division 244—Oregon Federal Hazardous Air Pollutant Program 2 3

General Provisions for Stationary Sources 

244–0030 ................................ Definitions .............................. 1/21/2021 8/11/2021, [Insert Federal 

Register citation].

* * * * * * * 

******* 3The EPA approves Division 244 only to the extent needed to implement the requirements for gasoline dispensing facilities that are approved 

into the SIP for the purpose of regulating VOC emissions. 

* * * * * 

[FR Doc. 2021–16947 Filed 8–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0324, FRL–8832–02– 

R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Ozone Season NOX Controls for 

Simple Cycle and Regenerative 

Combustion Turbines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the New York State Implementation 

Plan (SIP) as a SIP-strengthening 

measure that is expected to further 

control emissions of oxides of nitrogen 

(NOx) to contribute to attainment and 

maintenance of ozone standards. This 

SIP strengthening measure goes beyond 

what has already been approved as 

satisfying the RACT requirements for 

the 2008 ozone NAAQS. The EPA is 

approving a SIP revision of a New York 

regulation that lowers allowable NOx

emissions from simple cycle and 

regenerative combustion turbines during 

the ozone season. The intended effect of 

this action is to approve control 

strategies that will reduce emissions and 

help New York State attain and 

maintain the national ambient air 

quality standards for ozone. 

DATES: This final rule is effective on 

September 10, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2020–0324. 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 

(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 


jbell on DSKJLSW7X2PROD with RULES