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 


lotter on DSK11XQN23PROD with RULES1
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