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 


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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49253 

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 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, 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 HH—New York 

■ 2. In § 52.1670, the table in paragraph 

(e) is amended by adding entries for 

‘‘Section 110(a)(2) 

Infrastructure Requirements for the 

2015 ozone NAAQS’’ and ‘‘Section 

110(a)(2)(G) 

Infrastructure Requirements for the 

2015 ozone NAAQS’’ at the end of the 

table to read as follows: 

§ 52.1670 Identification of plan. 

* * * * * 

(e) * * * 

EPA–APPROVED NEW YORK NONREGULATORY AND QUASI–REGULATORY PROVISION

Action/SIP element Applicable geographic or 

nonattainment area 

New York 

submittal date EPA approval date Explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 

2015 Ozone NAAQS.

Statewide ............................... 09/25/2018 9/2/2021, [insert Federal 

Register citation].

Full approval. This action addresses the following CAA 

elements: 110(a)(2)(A), (B), 

(C), (D)(i)(II), (D)(ii), (E), 

(F), (H), (J), (K), (L), (M). 

Section 110(a)(2)(G) Infrastructure Requirements for 

the 2015 Ozone NAAQS.

Statewide ............................... 07/10/2019 9/2/2021, [insert Federal 

Register citation].

Full approval. 

[FR Doc. 2021–18989 Filed 9–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R07–UST–2021–0345; FRL–8775–02– 

R7] 

Kansas: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of Kansas’s Underground Storage Tank 

(UST) program submitted by the Kansas 

Department of Health and Environment 

(KDHE). This action also codifies EPA’s 

approval of Kansas’s State program and 

incorporates by reference those 

provisions of the State regulations that 

we have determined meet the 

requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under sections 9005 and 9006 of RCRA 

Subtitle I and other applicable statutory 

and regulatory provisions. 

DATES: This rule is effective November 

1, 2021, unless EPA receives adverse 

comment by October 4, 2021. If EPA 

receives adverse comments, it will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. The 

incorporation by reference of certain 

publications listed in the regulations is 

approved by the Director of the Federal 

Register, as of November 1, 2021, in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. 

ADDRESSES: Submit your comments by 

one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: mance.cassandra@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–UST–2021– 

0345. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov, or email. The 

Federal https://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means the EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to the EPA 

without going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 


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