47390 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision 

State 

effective 

date 

EPA 

approval 

date 

Federal Register 

citation Explanation 

*******

MVEB Revision to the 2008 8-hour ozone Maintenance Plan 

for the North Carolina portion of the bi-state Charlotte 

Area.

7/16/2020 8/25/2021 [Insert citation of publication] ........................

[FR Doc. 2021–18247 Filed 8–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0602; FRL–8833–02– 

R5] 

Air Plan Approval; Ohio; Ohio Permit 

Fee Rule Removal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving under the 

Clean Air Act (CAA), a revision to 

Ohio’s State Implementation Plan (SIP), 

submitted by the Ohio Environmental 

Protection Agency (OEPA) on November 

12, 2020, and supplemented on 

February 11, 2021. OEPA requested to 

remove the Ohio Administrative Code 

(OAC) Permit Fees rule provisions from 

the Ohio SIP because they no longer 

exist at the state level and have been 

superseded by the fee system in Ohio’s 

Title V permitting program and the Ohio 

Revised Code (ORC). OEPA rescinded 

the permit fee rules at the state level in 

2003. EPA proposed to approve this 

action on April 13, 2021, and received 

no comments. 

DATES: This final rule is effective on 

September 24, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0602. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Richard 

Angelbeck, Environmental Scientist, at 

(312) 886–9698 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Richard Angelbeck, Environmental 

Scientist, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9698, 

angelbeck.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information 

On April 13, 2021, EPA proposed to 

approve the removal of all OAC Chapter 

3745–45 provisions from the Ohio SIP 

(86 FR 19174). An explanation of the 

CAA requirements, a detailed analysis 

of the revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking, and 

will not be restated here. The public 

comment period for this proposed rule 

ended on May 13, 2021. EPA received 

no comments on the proposal. 

Therefore, we are finalizing our action 

as proposed. 

II. Final Action 

EPA is approving the removal of 

Ohio’s OAC Chapter 3745–45 Permit 

Fee rule from the Ohio SIP. Removing 

OAC Chapter 3745–45 from the Ohio 

SIP is consistent with Federal 

regulations governing state permitting 

programs and would not interfere with 

reasonable further progress or 

attainment of any national ambient air 

quality standards. 

III. Incorporation by Reference 

In this rule, EPA is amending 

regulatory text that includes 

incorporation by reference. As described 

in the amendments to 40 CFR part 52 set 

forth below, EPA is removing provisions 

of the EPA-Approved Ohio Regulations 

from the Ohio SIP, which is 

incorporated by reference in accordance 

with the requirements of 1 CFR part 51. 

EPA has made, and will continue to 

make the SIP generally available 

through www.regulations.gov and at the 

EPA Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. 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, 

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); 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 47391 

• 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 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 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. 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 

Court of Appeals for the appropriate 

circuit by October 25, 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, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 18, 2021. 

Cheryl Newton, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

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. 

§ 52.1870 [Amended] 

■ 2. In § 52.1870, the table in paragraph 

(c) is amended by removing the heading 

‘‘Chapter 3745–45 Permit Fees’’ and the 

entries for 3745–45–01 through 3745– 

45–05. 

[FR Doc. 2021–18166 Filed 8–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0706; FRL–8845–02– 

R3] 

Air Plan Approval; Pennsylvania; 

Emissions Statement Rule Certification 

for the 2015 Ozone National Ambient 

Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

formally submitted by the 

Commonwealth of Pennsylvania. This 

revision fulfills Pennsylvania’s 

emissions statement requirement for the 

2015 ozone national ambient air quality 

standard (NAAQS). This action is being 

taken under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

September 24, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2020–0706. 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: 

Serena Nichols, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2053. Ms. Nichols can also be 

reached via electronic mail at 

Nichols.Serena@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 14, 2021 (86 FR 26448), EPA 

published a notice of proposed 

rulemaking (NPRM) for the 

Commonwealth of Pennsylvania. In the 

NPRM, EPA proposed approval of the 

Commonwealth’s certification that the 

Commonwealth’s emissions statement 

regulation meets the emissions 

statement requirement of section 

182(a)(3)(B) of the CAA for the 2015 

ozone NAAQS. The formal SIP revision 

was submitted by the Commonwealth of 

Pennsylvania, through the Pennsylvania 

Department of Environmental Protection 

(PADEP), on April 23, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

Pennsylvania’s emissions statement 

requirements are codified at 25 Pa Code 

chapter 135. Specifically, section 

135.21, in accordance with CAA section 

182(a)(3)(B), applies to nitrogen oxides 

(NOX) and volatile organic compounds 

(VOC) sources within marginal (or 

worse) nonattainment areas, as well as 

major NOX and VOC sources located in 

attainment areas located within the 

ozone transport region (i.e. the 

remainder of the Commonwealth). 

Affected sources are required annually 

to provide PADEP with a statement 

containing the source’s actual NOX and 

VOC emissions, the method used to 

calculate those emissions, the time 

period over which the calculations are 

based, and a certification by an 

appropriate company officer that the 

statement is accurate. 25 Pa Code 135.21 

also contains a waiver for sources 

emitting less than 25 tons per year, in 

accordance with CAA 

section182(a)(3)(B)(ii). Additionally, 25 

Pa Code 135.5 contains recordkeeping 

requirements necessary to document the 


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