49480 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

1 86 FR 30232. 

participating in the title IV, HEA 

programs undergoes a change in 

ownership that results in a change of 

control as described in § 600.31, the 

Secretary may continue the institution’s 

participation in those programs on a 

provisional basis, if the institution 

under the new ownership submits a 

‘‘materially complete application’’ that 

is received by the Secretary no later 

than 10 business days after the day the 

change occurs. 

(2) For purposes of this section, a 

private nonprofit institution, a private 

for-profit institution, or a public 

institution submits a materially 

complete application if it submits a 

fully completed application form 

designated by the Secretary supported 

by— 

(i) A copy of the institution’s State 

license or equivalent document that—as 

of the day before the change in 

ownership—authorized or will 

authorize the institution to provide a 

program of postsecondary education in 

the State in which it is physically 

located; 

(ii) A copy of the document from the 

institution’s accrediting association 

that—as of the day before the change in 

ownership—granted or will grant the 

institution accreditation status, 

including approval of any non-degree 

programs it offers; 

(iii) Audited financial statements of 

the institution’s two most recently 

completed fiscal years that are prepared 

and audited in accordance with the 

requirements of 34 CFR 668.23; and 

(iv) Audited financial statements of 

the institution’s new owner’s two most 

recently completed fiscal years that are 

prepared and audited in accordance 

with the requirements of 34 CFR 668.23, 

or equivalent information for that owner 

that is acceptable to the Secretary. 

(h) Terms of the extension. (1) If the 

Secretary approves the institution’s 

materially complete application, the 

Secretary provides the institution with a 

provisional Program Participation 

Agreement (PPA). The provisional PPA 

extends the terms and conditions of the 

program participation agreement that 

were in effect for the institution before 

its change of ownership. 

(2) The provisional PPA expires on 

the earlier of— 

(i) The date on which the Secretary 

signs a new program participation 

agreement; 

(ii) The date on which the Secretary 

notifies the institution that its 

application is denied; or 

(iii) The last day of the month 

following the month in which the 

change of ownership occurred, unless 

the provisions of paragraph (h)(3) of this 

section apply. 

(3) If the provisional PPA will expire 

under the provisions of paragraph 

(h)(2)(iii) of this section, the Secretary 

extends the provisional PPA on a 

month-to-month basis after the 

expiration date described in paragraph 

(h)(2)(iii) of this section if, prior to that 

expiration date, the institution provides 

the Secretary with— 

(i) A ‘‘same day’’ balance sheet 

showing the financial position of the 

institution, as of the date of the 

ownership change, that is prepared in 

accordance with Generally Accepted 

Accounting Principles (GAAP) 

published by the Financial Accounting 

Standards Board and audited in 

accordance with Generally Accepted 

Government Auditing Standards 

(GAGAS) published by the U.S. General 

Accounting Office; 

(ii) If not already provided, approval 

of the change of ownership from the 

State in which the institution is located 

by the agency that authorizes the 

institution to legally provide 

postsecondary education in that State; 

(iii) If not already provided, approval 

of the change of ownership from the 

institution’s accrediting agency; and 

(iv) A default management plan 

unless the institution is exempt from 

providing that plan under 34 CFR 

668.14(b)(15). 

(Approved by the Office of Management and 

Budget under control number 1845–0012) 

[FR Doc. 2021–19141 Filed 9–2–21; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0366; FRL–8797–02– 

R9] 

Air Plan Approval; California; San 

Diego 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 San Diego 

County Air Pollution Control District 

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

California State Implementation Plan 

(SIP). This revision concerns emissions 

of volatile organic compounds (VOCs) 

from gasoline transfers into 

underground stationary storage tanks at 

gasoline dispensing facilities. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act (CAA or ‘‘Act’’). 

DATES: This rule will be effective on 

October 4, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0366. 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: 

Rebecca Newhouse, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3004 or by 

email at newhouse.rebecca@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 June 7, 2021,1 the EPA proposed 

to approve the following rule into the 

California SIP. 


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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 49481 

2The District supplemented its submittal by 

providing additional proof of public notice, 

submitted by CARB to the EPA on December 28, 

2020. Letter dated December 28, 2020, from Richard 

W. Corey, Executive Officer, CARB, to John W. 

Busterud, Regional Administrator, EPA, Region IX, 

transmitting the proof of public notice in The Daily 

Transcript, and Minute Order No.1 from the 

SDCAPCD Board hearing on October 14, 2020. 

3 85 FR 77996. 

4This action does not stop or otherwise impact 

the sanctions and FIP clocks associated with our 

partial disapproval of other CTG source categories 

identified in our partial approval and partial 

disapproval of the District’s 2008 RACT SIP. See id. 

Local agency Rule # Rule title Adopted Submitted 

SDCAPCD ............................. 61.3.1 Transfer of Gasoline into Stationary Underground Storage 

Tanks.

March 1, 2006 ..... August 9, 2017. 2

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. Additionally, we find that 

SDCAPCD has rectified the deficiency 

identified in our December 3, 2020, 

partial disapproval 3 of the District’s 

reasonably available control technology 

(RACT) analysis for the 2008 8-hr ozone 

National Ambient Air Quality Standard 

(‘‘2008 RACT SIP’’) with respect to the 

source category covering the ‘‘Design 

Criteria for Stage I Vapor Control 

Systems—Gasoline Service Stations’’ 

(EPA–450/R–75–102) Control 

Techniques Guidelines (‘‘Stage I 

Gasoline Transfer CTG’’). This action 

terminates the sanctions and Federal 

Implementation Plan (FIP) clocks 

associated with our partial disapproval 

of the District’s 2008 RACT SIP for the 

Stage I Gasoline Transfer CTG.4 This 

action also satisfies the District’s RACT 

obligation for this source category with 

respect to the 2008 8-hr ozone NAAQS. 

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 

SDCAPCD rule 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 

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 2, 

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, 

Ozone, Reporting and recordkeeping 


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49482 Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 / Rules and Regulations 

1 In an email dated December 6, 2017, the New 

York State Department of Environmental 

Conservation (NYSDEC) provided a copy of the 

New York State Office of Attorney General opinion 

dated June 9, 1980, finding that New York state 

administrative agencies are authorized to 

incorporate by reference federal statutes and 

regulations that are applicable to the state, and that 

such action is not prohibited by the New York State 

Constitution. 

requirements, Volatile organic 

compounds. 

Dated: August 27, 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 paragraph (c)(503)(i)(B)(2) to 

read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(503) * * * 

(i) * * * 

(B) * * * 

(2) Rule 61.3.1, ‘‘Transfer of Gasoline 

into Stationary Underground Storage 

Tanks,’’ adopted on March 1, 2006. 

* * * * * 

§ 52.237 [Amended] 

■ 3. Section 52.237 is amended by 

removing and reserving paragraph 

(b)(2)(i)(A). 

[FR Doc. 2021–19031 Filed 9–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2018–0564, FRL 8921–02– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the state 

plan submitted by New York State to 

implement and enforce Emission 

Guidelines (EG) for existing large 

municipal waste combustor (MWC) 

units. The state plan is consistent with 

the amended EG promulgated by the 

EPA on May 10, 2006. New York’s plan 

establishes emission limits and other 

requirements for the purpose of 

reducing emissions of lead, mercury, 

cadmium, organics, hydrogen chloride, 

and other air pollutants from large MWC 

units throughout the state. New York 

submitted its plan to fulfill the 

requirements of certain sections of the 

Clean Air Act. 

DATES: This rule is effective on October 

4, 2021. The incorporation by reference 

of certain materials listed in the rule is 

approved by the Director of the Federal 

Register as of October 4, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2018–0564. 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 

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 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional available information. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866, (212) 637–3378, 

or by email at Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

following table of contents describes the 

format for the SUPPLEMENTARY

INFORMATION section: 

I. What action is the EPA taking? 

II. What are the details of the EPA’s action? 

III. What comments were received in 

response to the EPA’s proposed action? 

IV. What is the EPA’s conclusion? 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. What action is the EPA taking? 

The EPA is approving New York’s 

revised state plan, submitted on July 12, 

2013, for the control of air emissions 

from existing large municipal waste 

combustor (MWC) units throughout the 

state, except for any existing large MWC 

units located in Indian Nation Land. In 

accordance with the Clean Air Act 

(‘‘CAA’’ or the ‘‘Act’’), New York 

previously submitted a state plan on 

December 15, 1997, as supplemented on 

June 22, 1998, which was approved by 

the EPA on August 4, 1998. See 63 FR 

41427. New York also submitted a 

revised state plan on October 7, 1998, as 

supplemented on November 5, 1998, 

which was approved by the EPA on 

February 9, 1999. See 64 FR 6237. New 

York submitted its July 12, 2013 revised 

plan to fulfill the requirements of 

sections 111(d) and 129 of the CAA. The 

revised state plan adopts and 

implements the Emission Guidelines 

(EG) amended by the EPA on May 10, 

2006 applicable to existing large MWC 

units and establishes revised emission 

limits and other requirements for units 

constructed on or before September 20, 

1994. See 71 FR 27324 (May 10, 2006); 

40 CFR 60.32b(a). New York’s revised 

state plan regulates all the existing units 

designated as large MWCs by the 

amended EG with a combustion 

capacity greater than 250 tons per day 

of municipal solid waste for which 

construction commenced on or before 

September 20, 1994. This approval, 

once effective, will render New York’s 

revised large MWC rules included in the 

state plan federally enforceable. 

II. What are the details of the EPA’s 

action? 

On July 12, 2013,1 the New York State 

Department of Environmental 

Conservation (NYSDEC) submitted to 

the EPA its sections 111(d) and 129 state 

plan to implement the EPA’s amended 

EG for existing large MWC units located 

in New York state. New York has 

incorporated by reference the applicable 

requirements of the amended EG in Part 

200 of Title 6 of the New York Codes, 

Rules and Regulations (6 NYCRR), 

entitled, ‘‘General Provisions.’’ The 

amended regulation became effective on 

October 20, 2007. New York will 

enforce the requirements under Part 

201, entitled ‘‘Permits and 

Registration.’’ By incorporating the 

requirements of the amended EG into 

Part 200, NYSDEC has the authority to 

include them as applicable 

requirements in the permits of subject 

emission sources. As a result, the Part 

200 requirements are enforceable by 

New York and become federally 

enforceable once the state plan is 

approved by the EPA. 

New York’s revised state plan 

includes all of the EPA’s required 

elements as described in the amended 

EG and 40 CFR subpart B, as 

summarized herein: 

(1) A demonstration of the state’s legal 

authority to implement the CAA 

sections 111(d) and 129 state plan; 


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