49246 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1., Revision No. 01.2. 

■ 2. Add § 165.T08–0690 to read as 

follows: 

§ 165.T08–0690 Safety Zone; Kanawha 

River, Charleston, WV. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Kanawha River from mile marker (MM) 

58.1 to MM 59.1. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Ohio Valley (COTP) in 

the enforcement of the safety zone. 

(c) Enforcement period. This section 

will be enforced from 9:30 p.m. through 

10 p.m. on September 3, 2021. 

(d) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

No vessel or person is permitted to enter 

this safety zone without obtaining 

permission from the COTP or a 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by via radio on channel 

16 or by telephone at 1–800–253–7465. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Informational broadcast. The 

COTP or a designated representative 

will inform the public of any changes in 

the date and times of enforcement 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Safety Marine 

Information Broadcasts (SMIBs), as 

appropriate. 

Dated: August 27, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–18954 Filed 9–1–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2019–0359; FRL–7486–01– 

OCSPP] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (19–2.F) 

Correction 

In rule document 2021–17388, 

appearing on pages 46123–46133, in the 

issue of Wednesday, August 18, 2021, 

make the following corrections to 

eliminate a duplicate entry for section 

721.11301: 

§ 721.11301 [Corrected] 

■ 1. On page 46128, in the second 

column, delete lines 35–68. 

■ 2. On the same page, in the third 

column, delete lines 1–4. 

[FR Doc. C1–2021–17388 Filed 9–1–21; 8:45 am] 

BILLING CODE 1301–00–PD 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2021–0358; FRL–8686–02– 

R3] 

Air Plan Approval; Pennsylvania; 1997 

8-Hour Ozone National Ambient Air 

Quality Standards Second 

Maintenance Plan for the Greene 

County Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. The revision pertains to 

the Commonwealth’s plan, submitted by 

the Pennsylvania Department of 

Environmental Protection (PADEP), for 

maintaining the 1997 8-hour ozone 

national ambient air quality standard 

(NAAQS) (referred to as the ‘‘1997 

ozone NAAQS’’) in the Greene County, 

Pennsylvania area (Greene County 

Area). EPA is approving these revisions 

to the Pennsylvania SIP in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

October 4, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2021–0358. 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: 

Adam Yarina, 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) 

814–2108. Mr. Yarina can also be 

reached via electronic mail at 

Yarina.Adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 13, 2021, (86 FR 36673), EPA 

published a notice of proposed 

rulemaking (NPRM) for the 

Commonwealth of Pennsylvania. In the 

NPRM, EPA proposed approval of 

Pennsylvania’s plan for maintaining the 

1997 ozone NAAQS in the Greene 

County Area through April 20, 2029, in 

accordance with CAA section 175A. The 

formal SIP revision was submitted by 

PADEP on February 25, 2020. 

II. Summary of SIP Revision and EPA 

Analysis 

On March 19, 2009 (74 FR 11671, 

effective April 20, 2009), EPA approved 

a redesignation request and 

maintenance plan from PADEP for the 

Greene County Area. In accordance with 

CAA section 175A(b), at the end of the 

eighth year after the effective date of the 

redesignation, the state must also 

submit a second maintenance plan to 

ensure ongoing maintenance of the 

standard for an additional 10 years, and 

in South Coast Air Quality Management 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49247 

1 882 F.3d 1138 (D.C. Cir. 2018). 

2 ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ Memorandum 

from John Calcagni, Director, Air Quality 

Management Division, September 4, 1992 (Calcagni 

Memo). 

3The ozone design value for a monitoring site is 

the 3-year average of the annual fourth-highest daily 

maximum 8-hour average ozone concentrations. 

The design value for an ozone nonattainment area 

is the highest design value of any monitoring site 

in the area. 

District v. EPA,1 the D.C. Circuit held 

that this requirement cannot be waived 

for areas—like the Greene County 

Area—that had been redesignated to 

attainment for the 1997 8-hour ozone 

NAAQS prior to revocation and that 

were designated attainment for the 2008 

ozone NAAQS. CAA section 175A sets 

forth the criteria for adequate 

maintenance plans. In addition, EPA 

has published longstanding guidance 

that provides further insight on the 

content of an approvable maintenance 

plan, explaining that a maintenance 

plan should address five elements: (1) 

An attainment emissions inventory; (2) 

a maintenance demonstration; (3) a 

commitment for continued air quality 

monitoring; (4) a process for verification 

of continued attainment; and (5) a 

contingency plan.2 PADEP’s February 

25, 2020 submittal fulfills 

Pennsylvania’s obligation to submit a 

second maintenance plan and addresses 

each of the five necessary elements. 

As discussed in the July 13, 2021 

NPRM, EPA allows the submittal of a 

limited maintenance plan (LMP) to meet 

the statutory requirement that the area 

will maintain for the statutory period. 

Qualifying areas may meet the 

maintenance demonstration by showing 

that the area’s design value 3 is well 

below the NAAQS and that the 

historical stability of the area’s air 

quality levels indicates that the area is 

unlikely to violate the NAAQS in the 

future. EPA evaluated PADEP’s 

February 25, 2020 submittal for 

consistency with all applicable EPA 

guidance and CAA requirements. EPA 

found that the submittal met CAA 

section 175A and all CAA requirements 

and proposed approval of the LMP for 

the Greene County Area as a revision to 

the Pennsylvania SIP. 

Other specific requirements of 

PADEP’s February 25, 2020 submittal 

and the rationale for EPA’s proposed 

action are explained in the NPRM and 

will not be restated here. No public 

comments were received on the NPRM. 

III. Final Action 

EPA is approving PADEP’s second 

maintenance plan for the Greene County 

Area for the 1997 ozone NAAQS as a 

revision to the Pennsylvania SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 if 

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 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 rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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, 

approving PADEP’s second maintenance 

plan for the Greene County Area for the 

1997 ozone NAAQS, 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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 27, 2021. 

Diana Esher, 

Acting Regional Administrator, Region III. 

For the reasons stated in the 

preamble, the 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. 


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49248 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding the entry 

‘‘Second Maintenance Plan for the State 

College 1997 8-Hour Ozone 

Nonattainment Area’’ at the end of the 

table to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Second Maintenance Plan for the State 

College 1997 8-Hour Ozone Nonattainment Area.

Greene County Area ......... 2/25/20 9/2/21, [insert Federal 

Register citation].

The Greene County area 

consists solely of 

Greene County. 

* * * * * 

[FR Doc. 2021–19016 Filed 9–1–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0176; FRL–8759–02– 

R9] 

Air Plan Approval; California; Imperial 

County Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Imperial 

County Air Pollution Control District 

(ICAPCD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). The revision concerns emissions 

of volatile organic compounds (VOCs) 

from gasoline transfers at bulk gasoline 

terminals storage. We are approving a 

local rule to regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on October 

4, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0176. 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 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. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Donnique Sherman, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4129 or by 

email at sherman.donnique@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 10, 2021 (86 FR 24835), the 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule # Rule title Revised Submitted 

ICAPCD ............. 415 Transfer and Storage of Gasoline ............................................................... 11/03/2020 02/19/2021 

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule into the California 

SIP. The November 3, 2020, version of 

Rule 415 will replace the previously 

approved version of this rule in the SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

ICAPCD rules described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available through www.regulations.gov 

and at the EPA Region IX Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

V. 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 action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 


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