Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49249 

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, 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 November 1, 

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, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 26, 2021. 

Elizabeth Adams, 

Acting Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends part 52, chapter I, title 

40 of the Code of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(332)(i)(A)(5) and 

(c)(562)to read as follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(332) * * * 

(i) * * * 

(A) * * * 

(5) Previously approved on February 

22, 2005 in paragraph (c)(332)(i)(A)(2) of 

this section and now deleted with 

replacement in (c)(562)(i)(A)(1), Rule 

415, ‘‘Transfer and Storage of Gasoline,’’ 

amended on May 18, 2004. 

* * * * * 

(562) Amended regulations for the 

following APCDs were submitted on 

February 19, 2021 by the Governor’s 

designee as an attachment to a letter 

dated February 18, 2021. 

(i) Incorporation by reference. (A) 

Imperial County Air Pollution Control 

District. (1) Rule 415, ‘‘Transfer and 

Storage of Gasoline,’’ amended on 

November 3, 2020. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

[FR Doc. 2021–18887 Filed 9–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0613; FRL–8928–02– 

R2] 

Approval and Promulgation of 

Implementation Plans; New Jersey and 

New York; 1997 Ozone Attainment 

Demonstrations for the NY-NJ-CT 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the ozone attainment portions of the 

State Implementation Plan (SIP) 

submitted by the states of New Jersey 

and New York to meet the Clean Air Act 

(CAA) requirements for attaining the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS). Specifically, 

the EPA is approving New Jersey’s and 

New York’s demonstrations of 

attainment of the 1997 8-hour ozone 

NAAQS for their portions of the New 

York-Northern New Jersey-Long Island 

NY-NJ-CT Moderate 1997 8-hour ozone 

nonattainment area (hereafter, the NYNJ-CT area or the NY-NJ-CT 

nonattainment area). This action is 

being taken under the Clean Air Act. 

DATES: This final rule is effective on 

October 4, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2020–0613. 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 

available only in hard copy form. 

Publicly available docket materials are 


lotter on DSK11XQN23PROD with RULES1
49250 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

1The proposed rule was published twice due to 

a clerical error. 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Omar Hammad, Air Planning Section, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3347. 

SUPPLEMENTARY INFORMATION: The 

Supplementary Information section is 

arranged as follows: 

Table of Contents 

I. Background and Purpose 

II. Summary of Action and Comments 

Received 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On June 21, 2021 (86 FR 32363) and 

June 24, 2021 (86 FR 33154) 1 the 

Environmental Protection Agency (EPA) 

published a Notice of Proposed 

Rulemaking (NPRM) for New Jersey and 

New York. In that proposed rulemaking 

action, the EPA proposed to approve a 

portion of New Jersey’s and New York’s 

SIP revision submitted on January 2, 

2018 and November 13, 2017 

respectively, for attainment of the 1997 

84 parts per billion (ppb) 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS). New Jersey and New York 

previously submitted attainment 

demonstrations for the 1997 84 ppb 8- 

hour ozone standard which were 

approved by the EPA. 78 FR 9596 

(February 11, 2013). On June 18, 2012, 

the EPA issued a Clean Data 

Determination (CDD) for the 1997 84 

ppb 8-hour ozone standard for the NYNJ-CT area based on the attainment 

demonstrations submitted by the two 

States. 77 FR 36163 (March 26, 2012). 

However, on May 4, 2016, EPA 

rescinded the CDD since the EPA 

determined that areas within the NY-NJCT area exceeded the 1997 84 ppb 

standard based on 2010–2012 

monitoring data. 81 FR 26697 (May 4, 

2016). The EPA simultaneously issued a 

SIP Call for the affected states within 

the nonattainment area to address the 

1997 84 ppb 8-hour ozone standard. The 

SIP revisions submitted by New Jersey 

and New York address the attainment 

demonstration requirements of the May 

4, 2016 SIP Call. The EPA’s review of 

this material indicates that ambient air 

quality monitors within the NY-NJ-CT 

area are attaining the 1997 ozone 

NAAQS. 

II. Summary of Action and Comments 

Received 

As discussed in the proposed rule at 

86 FR 32363, June 21, 2021, and at 86 

FR 33154, June 24, 2021, the EPA 

reviewed the photochemical grid 

modeling used by New Jersey and New 

York in their SIP submittal to 

demonstrate attainment of the 1997 

ozone NAAQS and determined that the 

modeling meets the EPA’s guidelines 

and is acceptable to the EPA. Air quality 

monitoring data for 2014–2016 and 

certified data for 2017, 2018 and 2019 

in the NY-NJ-CT area and the 

subsequent design values for 2015– 

2017, 2016–2018 and 2017–2019 also 

demonstrate attainment of the 1997 8- 

hour ozone standard throughout the NYNJ-CT area. The purpose of the 

attainment demonstration is to 

demonstrate how, through enforceable 

and approvable emission reductions, an 

area will meet the standard by the 

attainment date. All necessary ozone 

control measures have already been 

adopted, submitted, approved and 

implemented. Also discussed in further 

detail in the proposed rulemaking and 

based on: (1) The States following the 

EPA’s modeling guidance, (2) the 

modeled attainment of 1997 standard, 

(3) the air quality monitoring data for 

2014–2016, 2015–2017, 2016–2018, 

2017–2019, and (4) the implemented 

SIP-approved control measures, the EPA 

is approving the New Jersey and New 

York attainment demonstrations for the 

1997 ozone NAAQS for their portions of 

the NY-NJ-CT area. 

Other specific requirements of an 

attainment demonstration and the 

rationale for the EPA’s proposed action 

is explained in more detail in the 

NPRM. The EPA did not receive any 

comments during the comment period. 

III. Final Action 

The EPA is approving the attainment 

demonstration for the New Jersey and 

New York portions of the NY-NJ-CT 

nonattainment area for the 1997 ozone 

NAAQS. This rulemaking addresses the 

EPA’s obligations to act on New Jersey’s 

January 2, 2018 and New York’s 

November 13, 2017 SIP revision for the 

1997 ozone NAAQS. 

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 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 

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). 

In addition, this rulemaking action, 

pertaining to New York’s and New 

Jersey’s 1997 8-hour ozone attainment 

demonstration submissions 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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49251 

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 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 November 1, 

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, Incorporation by 

reference, Nitrogen Dioxide, 

Intergovernmental Relations, Ozone, 

Reporting and recordkeeping 

requirements, Particulate matter, 

Volatile Organic Compounds. 

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

Dated: August 27, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2 

Part 52, 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 FF—New Jersey 

■ 2. In § 52.1570 the table in paragraph 

(e) is amended by adding the entry for 

‘‘1997 8-hour Ozone—Attainment 

Demonstration’’ at the end of the table 

to read as follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(e) * * * 

EPA–APPROVED NEW JERSEY NONREGULATORY AND QUASI–REGULATORY PROVISIONS

SIP element Applicable geographic or 

nonattainment area 

New Jersey 

submittal date EPA approval date Explanation 

*******

1997 8-hour Ozone—Attainment Demonstration.New Jersey portion of the New 

York-Northern New Jersey-Long 

Island, NY-NJ-CT 8-hour ozone 

moderate nonattainment area.

1/2/2018 9/2/2021, [Insert Federal Register page 

citation].

• Full approval. 

• This action addresses the attainment demonstration requirements 

of the May 4, 2016 SIP Call (81 

FR 26697). 

■ 3. § 52.1582 is amended by adding 

paragraph (r) to read as follows: 

§ 52.1582 Control strategy and 

regulations: Ozone. 

* * * * * 

(r) The 1997 8-hour ozone attainment 

demonstration for the New Jersey 

portion of the New York-Northern New 

Jersey-Long Island, NY-NJ-CT 

nonattainment area included in New 

Jersey’s January 2, 2018 State 

Implementation Plan revision is 

approved and satisfies the requirements 

of section 182 of the Clean Air Act. 

Subpart HH—New York 

■ 4. In § 52.1670 the table in paragraph 

(e) is amended by adding the following 

entry ‘‘1997 8-hour Ozone—Attainment 

Demonstration’’ at the end of the table 

to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

EPA–APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISIONS

Action/SIP element Applicable geographic or 

nonattainment area 

New York 

submittal 

date 

EPA approval date Explanation 

*******

1997 8-hour Ozone—Attainment Demonstration.New York portion of the New YorkNorthern New Jersey-Long Island, NY-NJ-CT 8-hour ozone 

moderate nonattainment area.

11/13/2017 9/2/2021, [Insert Federal Register page 

citation].

• Full approval. 

• This action addresses the attainment demonstration requirements 

of the May 4, 2016 SIP Call (81 

FR 26697). 

■ 5. § 52.1683 is amended by adding 

new paragraph (t) to read as follows: 

§ 52.1683 Control strategy: Ozone. 

* * * * * 

(t) The 1997 8-hour ozone attainment 

demonstration for the New York portion 

of the New York-Northern New JerseyLong Island, NY-NJ-CT nonattainment 

area included in New York’s November 

13, 2017 State Implementation Plan 

revision is approved and satisfies the 


lotter on DSK11XQN23PROD with RULES1
49252 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

requirements of section 182 of the Clean 

Air Act. 

[FR Doc. 2021–18983 Filed 9–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2020–0301; FRL–8907–02– 

R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Infrastructure Requirements for the 

2015 Ozone National Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

submitted by the State of New York to 

demonstrate that the State meets the 

requirements of certain sections of the 

Clean Air Act (CAA) for the 2015 ozone 

National Ambient Air Standards 

(NAAQS). 

DATES: This final rule is effective on 

October 4, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2020–0301. 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 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Linky, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3764, or by email at Linky.Edward@

epa.gov. 

SUPPLEMENTARY INFORMATION: The 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

Table of Contents 

I. What is the background for this action? 

II. What comments were received in response 

to the EPA’s proposed action? 

III. What action is the EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

Section 110(a) of the CAA requires 

each state adopt and submit for 

approval into the SIP a plan for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by EPA. On July 1, 2021 

(86 FR 35034), the EPA published a 

Notice of Proposed Rulemaking that 

proposed to approve elements of the SIP 

submission from the State of New York, 

submitted to EPA on September 25, 

2018 and July 10, 2019, as 

demonstrating that the State had the 

necessary authority and resources to 

implement the infrastructure 

requirements of the 2015 ozone 

NAAQS. As explained in the proposal, 

the EPA is not addressing section 

110(a)(2)(I) in this action, as Part D 

plans for nonattainment areas are 

subject to a different submission 

schedule than infrastructure SIPs, and 

the EPA will take action on Part D plans 

when submitted through a separate 

process. As also explained in the 

proposal, the EPA is not addressing the 

visibility portion of 110(a)(2)(J), as there 

are no new visibility protection 

obligations under the 2015 Ozone 

NAAQS. Additionally, as explained in 

the proposal, the EPA will act on 

section 110(a)(2)(D)(i)(I) (commonly 

referred to as prongs 1 and 2) in a 

separate notice at a later date. 

II. What comments were received in 

response to the EPA’s proposed action? 

EPA did not receive any comments on 

the proposed approval of New York’s 

2015 Infrastructure Plan revisions 

published July 1, 2021 (86 FR 35034). 

III. What action is the EPA taking? 

The EPA is approving New York’s 

September 25, 2018 and July 10, 2019, 

SIP revisions as meeting the 

requirements of section 110(a)(1) and (2) 

infrastructure requirements of the CAA 

for the 2015 ozone NAAQS, with the 

exception of CAA section 

110(a)(2)(D)(i)(I) (prongs 1 and 2). 

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 

Act 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); 

• 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 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 


lotter on DSK11XQN23PROD with RULES1