Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 29207 

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 August 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, 

approving PADEP’s second maintenance 

plan for the Erie 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: May 19, 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 

‘‘Second Maintenance Plan for the Erie 

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 Erie 1997 

8-Hour Ozone Nonattainment Area.

Erie Area .......... 2/27/20 6/1/21, [insert Federal Register citation].The Erie area consists solely 

of Erie County. 

* * * * * 

[FR Doc. 2021–11401 Filed 5–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2019–0491; FRL–10023– 

58–Region 9] 

California: Authorization of State 

Hazardous Waste Management 

Program Revisions; Final Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final authorization; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing corrections to 

the authorization of California’s 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The EPA approved 

revisions to California’s federally 

authorized hazardous waste program 

(specifically, updates to California’s 

Universal Waste program) by publishing 

proposed and final rules in the Federal 

Register on October 18, 2019, and 

January 14, 2020, respectively. On 

March 5, 2021, the Agency published 

and sought public comment on a 

Proposed Rule to correct information 

contained in the October 18, 2019, 

Federal Register proposal and the 

January 14, 2020 approval. No 

comments were received on the 

proposed revisions. This document 

finalizes those corrections. 

DATES: This final authorization is 

effective July 1, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–RCRA–2019–0491. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Laurie Amaro, EPA Region 9, 75 

Hawthorne St. (LND–1–1), San 


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29208 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 

Francisco, CA 94105. By phone: (415) 

972–3364 or by email at Amaro.Laurie@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. What corrections to California’s 

hazardous waste program is the EPA 

authorizing with this action? 

The EPA approved revisions to 

California’s federally authorized 

hazardous waste program by publishing 

proposed and final rules in the Federal 

Register on October 18, 2019 (80 FR 

55871), and January 14, 2020 (85 FR 

2038), respectively. On March 5, 2021, 

the EPA proposed to add citations for 

approving the State’s authority to adopt 

additional waste streams as universal 

wastes in the State Analogues to the 

Federal Program table and revise the 

scope of the State program that is 

considered ‘‘broader in scope’’ than the 

Federal program. The changes detailed 

in the proposed correction are 

summarized below. 

1. The EPA added citations to the 

table for Title 22 of the California Code 

of Regulations (CCR) 66260.22 and 

66260.23 and the Federal analogues, 40 

CFR 260.20(a) and 260.23(a) through (d), 

respectively. In addition, the EPA added 

a footnote to the table clarifying the 

implications of the authorization of the 

State’s universal waste program as to a 

waste stream that the State already 

identified as a universal waste before 

the universal waste authorization 

update was effective, i.e., aerosol cans. 

(Similarly, effective January 1, 2021, 

California also now includes 

photovoltaic solar panels in the State’s 

universal waste program.) 

2. The EPA revised the list of 

California requirements that the EPA 

considers beyond the scope of the 

Federal program by deleting Californiaonly universal wastes (further defined 

as non-RCRA hazardous wastes) from 

the list of State requirements that are 

broader in scope than the Federal 

program and adding language to the 

broader in scope analysis that specifies 

that any non-RCRA hazardous wastes 

that the State regulates as a hazardous 

waste are generally considered beyond 

the scope of the Federal program. 

No comments were received on the 

proposal. The corrections are hereby 

finalized and the changes to the scope 

of California’s authorized universal 

hazardous waste program will become 

effective on the date listed in the DATES

section above. 

B. What is codification and is the EPA 

codifying California’s hazardous waste 

program as authorized in this rule? 

Codification is the process of placing 

citations and references to the State’s 

statutes and regulations that comprise 

the State’s authorized hazardous waste 

program into the Code of Federal 

Regulations. The EPA does this by 

adding those citations and references to 

the authorized state rules in 40 CFR part 

272. The EPA is not codifying the 

authorization of California’s revisions at 

this time. However, the EPA reserves 

the right to amend 40 CFR part 272, 

subpart F, for the authorization of 

California’s program at a later date. 

C. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action (RCRA 

state authorization) from the 

requirements of Executive Orders 12866 

(58 FR 51735, October 4, 1993) and 

13563 (76 FR 3821, January 21, 2011). 

Therefore, this action is not subject to 

review by OMB. This action finalizes 

corrections to the authorization of state 

requirements for the purpose of RCRA 

section 3006 and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, this action will 

not have a significant economic impact 

on a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

finalizes corrections to the authorization 

of pre-existing requirements under state 

law and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

This action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will not 

have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

corrects the Federal Register document 

in which the EPA authorized state 

requirements as part of the state RCRA 

hazardous waste program without 

altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant, and it does not 

concern environmental health or safety 

risks that the EPA has reason to believe 

may disproportionally affect children. 

This correction is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA section 3006(b), the EPA 

grants a state’s application for 

authorization, as long as the state meets 

the criteria required by RCRA. It would 

thus be inconsistent with applicable law 

for the EPA, when it reviews a state 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 do not apply. 

See 15 U.S.C. 272 note, sec. 12(d)(3), 

Public Law 104–113, 110 Stat. 783 (Mar. 

7, 1996) (exempting compliance with 

the NTTAA’s requirement to use VCS if 

compliance is ‘‘inconsistent with 

applicable law’’). As required by section 

3 of Executive Order 12988 (61 FR 4729, 

February 7, 1996), in issuing this 

correction to its rule, the EPA has taken 

the necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the correction to the rule in accordance 

with the ‘‘Attorney General’s 

Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the Executive Order. This correction to 

the rule authorizing California’s 

universal waste program does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Executive Order 

12898 (59 FR 7629, February 16, 1994) 

establishes Federal executive policy on 

environmental justice. Its main 

provision directs Federal agencies, to 

the greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this correction to the California 

universal waste authorization rule 

authorizes pre-existing state rules which 

are at least equivalent to, and no less 

stringent than existing Federal 


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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 29209 

requirements, and imposes no 

additional requirements beyond those 

imposed by state law, and there are no 

anticipated significant adverse human 

health or environmental effects, the rule 

is not subject to Executive Order 12898. 

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 

document 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 final 

rule correction in the Federal Register. 

A major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This correction is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: May 24, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–11394 Filed 5–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120404257–3325–02; RTID 

0648–XB110] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2021 

Commercial Hook-and-Line Closure for 

South Atlantic Golden Tilefish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure for the 

commercial hook-and-line component 

of golden tilefish in the South Atlantic 

exclusive economic zone (EEZ). NMFS 

projects that commercial hook-and-line 

landings for golden tilefish will reach 

the commercial quota for the hook-andline component by June 1, 2021. 

Therefore, NMFS closes the commercial 

hook-and-line component for golden 

tilefish in the South Atlantic EEZ on 

June 1, 2021. This closure is necessary 

to protect the golden tilefish resource. 

DATES: This temporary rule is effective 

at 12:01 a.m., Eastern Time, on June 1, 

2021, until 12:01 a.m., Eastern Time, on 

January 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes golden tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and NMFS, and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights in this temporary rule are given 

in gutted weight. 

The commercial sector for golden 

tilefish has two components, each with 

its own quota: The hook-and-line and 

longline components (50 CFR 

622.190(a)(2)). The golden tilefish 

commercial annual catch limit (ACL) is 

allocated 25 percent to the hook-andline component and 75 percent to the 

longline component. The total 

commercial ACL (equivalent to the 

commercial quota) for golden tilefish is 

331,740 lb (150,475 kg), and the hookand-line component ACL is 82,935 lb 

(37,619 kg). 

Under 50 CFR 622.193(a)(1)(i), NMFS 

is required to close the commercial 

hook-and-line component for golden 

tilefish when its commercial ACL has 

been reached, or is projected to be 

reached, by filing such a notification 

with the Office of the Federal Register. 

NMFS has determined that the 

commercial ACL for the golden tilefish 

hook-and-line component in the South 

Atlantic will be reached by June 1, 2021. 

Accordingly, the commercial hook-andline component of South Atlantic 

golden tilefish is closed effective at 

12:01 a.m., Eastern Time, on June 1, 

2021. 

The commercial longline component 

for South Atlantic golden tilefish also 

closed on March 31, 2021, and will 

remain closed for the remainder of the 

current fishing year, through December 

31, 2021 (86 FR 14549; March 17, 2021). 

Therefore, because the commercial 

longline component is already closed, 

and NMFS is closing the commercial 

hook-and-line component through this 

temporary rule, all harvest of South 

Atlantic golden tilefish in the EEZ is 

limited to the recreational bag and 

possession limits specified in 50 CFR 

622.187(b)(2)(iii) and (c)(1) as long as 

the recreational sector is open. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper having 

golden tilefish on board harvested by 

hook-and-line must have landed and 

bartered, traded, or sold such golden 

tilefish prior to 12:01 a.m., Eastern 

Time, on June 1, 2021. During the 

closure, the sale or purchase of golden 

tilefish taken from the EEZ is 

prohibited. The prohibition on sale or 

purchase does not apply to the sale or 

purchase of golden tilefish that were 

harvested by hook-and-line, landed 

ashore, and sold prior to 12:01 a.m., 

Eastern Time, on June 1, 2021, and were 

held in cold storage by a dealer or 

processor. For a person on board a 

vessel for which a Federal commercial 

or charter vessel/headboat permit for the 

South Atlantic snapper-grouper fishery 

has been issued, the recreational bag 

and possession limits and the sale and 

purchase prohibitions during the 

commercial closure for golden tilefish 

apply regardless of whether the fish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.190(c)(1)(ii). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.193(a)(1), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the commercial closure 

of the golden tilefish hook-and-line 

component have already been subject to 

notice and public comment, and all that 

remains is to notify the public of the 

closure. Such procedures are also 

contrary to the public interest because 

of the need to immediately implement 

the closure to protect the golden tilefish 

resource and minimize the risk of 

exceeding the sector’s ACL. Prior notice 

and opportunity for public comment 

would require time and would result in 

exceeding the sector’s ACL. 

For the aforementioned reasons, the 

Acting Assistant Administrator also 

finds good cause to waive the 30-day 


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