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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47392 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 

data presented in the annual emissions 

statements. 

PADEP’s April 23, 2020 submittal 

contains a certification that the existing 

emissions statement program remains 

adequate under the revised, 2015 ozone 

NAAQS. Other specific requirements of 

PADEP’s April 23, 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, as a SIP revision, 

the Commonwealth of Pennsylvania’s 

April 23, 2020 emissions statement 

certification for the 2015 ozone NAAQS 

as approvable under CAA section 

182(a)(3)(B). The Commonwealth’s 

emissions statement certification 

certifies that the Commonwealth’s 

existing SIP-approved emissions 

statement program under 25 Pa Code 

chapter 135 satisfies the requirements of 

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

ozone NAAQS. 

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, 

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 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 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 approving the District’s 

emissions statement certification for the 

2015 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 17, 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. 

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

‘‘Emissions Statement Certification for 

the 2015 Ozone National Ambient Air 

Quality Standard’’ at the end of the table 

to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 


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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 47393 

1 In the table of North Carolina regulations 

federally approved into the SIP at 40 CFR 

52.1770(c), 15A NCAC 02D is referred to as 

‘‘Subchapter 2D Air Pollution Control 

Requirements.’’ 

2Section .0600 is titled ‘‘Air Contaminants; 

Monitoring; Reporting’’ in the CFR table. This is 

being amended in this notice to read ‘‘Monitoring: 

Recordkeeping: Reporting’’. 

3The State submitted the SIP revisions following 

the readoption of several air regulations, including 

.0601, .0602, .0604, .0605, and .0606, pursuant to 

North Carolina’s 10-year regulatory readoption 

process at North Carolina General Statute 150B– 

21.3A. 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

Emissions Statement Certification for the 2015 Ozone National Ambient Air Quality 

Standard.

The Pennsylvania portion of the 

Philadelphia-Wilmington-Atlantic City (PA-NJ-MD-DE) 

nonattainment area for the 

2015 ozone NAAQS.

4/23/20 8/25/21, [insert FEDERAL REGISTER citation].

Certification that Pennsylvania’s previously SIPapproved regulations at 25 Pa Code chapter 

135 meet the emissions statement requirements of CAA section 182(a)(3)(B) for the 

2015 ozone NAAQS. 

* * * * * 

[FR Doc. 2021–18159 Filed 8–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0716; FRL–8859–02– 

R4] 

Air Plan Approval; North Carolina; 

Monitoring: Recordkeeping: Reporting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the North Carolina State 

Implementation Plan (SIP) submitted 

through the North Carolina Division of 

Air Quality (NCDAQ) on October 9, 

2020. The SIP revision seeks to modify 

the State’s monitoring, recordkeeping, 

and reporting regulations by adding one 

definition, adding references to 

approved testing methods, updating the 

reference format, and making minor 

changes to general formatting and 

language use for clarity purposes. EPA 

is approving these changes pursuant to 

the Clean Air Act (CAA or Act). 

DATES: This rule is effective September 

24, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0716. 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 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 electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

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

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sarah LaRocca, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8994. Ms. LaRocca can also 

be reached via electronic mail at 

larocca.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is approving changes to the 

following SIP-approved regulations 

under 15A North Carolina 

Administrative Code Subchapter 02D,1

Section .0600, Monitoring: 

Recordkeeping: Reporting: 2 Rule .0601, 

Purpose and Scope; Rule .0602, 

Definitions; Rule .0604, Exceptions to 

Monitoring and Reporting 

Requirements; Rule .0605, General 

Recordkeeping and Reporting 

Requirements; and Rule .0606, Sources 

Covered by Appendix P of 40 CFR part 

51,3 of the North Carolina SIP, 

submitted on October 9, 2020. 

II. EPA’s Analysis of North Carolina’s 

Submittal 

The changes that are the subject of 

this rulemaking revise monitoring, 

recordkeeping, and reporting 

regulations under Subchapter 02D of the 

North Carolina SIP. Specifically, they 

revise the SIP by changing a heading, 

adding one definition, adding references 

to approved testing methods, updating 

the reference format, and making minor 

changes to general formatting and 

language use for clarity purposes. EPA 

finds that the changes do not interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress, or any other applicable 

CAA requirement. 

In a notice of proposed rulemaking 

(NPRM) published on May 20, 2021 (86 

FR 27349), EPA proposed to approve 

North Carolina’s SIP submission 

provided on October 9, 2020. The May 

20, 2021, NPRM provides additional 

detail regarding the background and 

rationale for EPA’s action. Comments on 

the May 20, 2021, NPRM were due on 

or before June 21, 2021. EPA received 

no comments on the May 20, 2021 

NPRM. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the following rules in 

15A NCAC Subchapter 02D, Section 

.0600, Monitoring: Recordkeeping: 

Reporting, with a state-effective date of 

November 1, 2019: Rule .0601, Purpose 

and Scope; Rule .0602, Definitions; Rule 

.0604, Exceptions to Monitoring and 

Reporting Requirements; Rule .0605, 

General Recordkeeping and Reporting 

Requirements; and Rule .0606, Sources 

Covered by Appendix P of 40 CFR part 

51. The changes revise a heading, add 

one definition, add references to 

approved testing methods, update the 

reference format, and make minor 

changes to general formatting and 

language to provide clarity to the 

monitoring, recordkeeping, and 

reporting requirements. EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 4 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 


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