[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Rules and Regulations]
[Pages 38964-38968]
[FR Doc No: 2018-16904]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0699; FRL-9981-41--Region 6]

Air Plan Approval; Arkansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving portions of the
revisions to the Arkansas State Implementation Plan (SIP) submitted by
the Arkansas Department of Environmental Quality (ADEQ) on March 24,
2017. Most of the revisions are administrative in nature and make the
SIP current with Federal rules. The EPA is also making ministerial
changes to the Code of Federal Register (CFR) to reflect SIP actions
pertaining to the Arkansas Prevention of Significant Deterioration
(PSD) program.

DATES: This rule is effective on November 6, 2018 without further
notice, unless the EPA receives relevant adverse comment by September
7, 2018. If the EPA receives such comment, the EPA will publish a
timely withdrawal in the Federal Register informing the public that
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0699, at http://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Carrie Paige, 214-665-
6521, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Carrie Paige,<PHONE_NUMBER>,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Paige or Mr. Bill Deese at 214-665-
7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    The SIP is a set of air pollution regulations, control strategies,
and technical analyses developed by the state to ensure that the state
meets the National Ambient Air Quality Standards (NAAQS). These ambient
standards are established under section 109 of the Act and they
currently address six criteria pollutants: Carbon monoxide, lead,
nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. The
SIP is required by Section 110 of the Act and can be extensive,
containing state regulations or other enforceable documents and
supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
    On March 24, 2017, the Governor of Arkansas submitted to the EPA
revisions to the Arkansas SIP. The submittal includes revisions to the
Regulations of the Arkansas Plan of Implementation for Air Pollution
Control enacted at Arkansas Annotated Code (``Ark. Code Ann.'')
Regulation 19 (``Reg. 19''), Chapters 1-5, 7, 9, 11, 13-15, Appendix A,
and Appendix B, and the Infrastructure and NAAQS SIPs. EPA has taken
separate action on the following portions of this submittal: (1) On
December 21, 2017, EPA approved the revisions to Reg. 19, Chapter 2,
that address the definition of ``Volatile Organic Compounds'' (see 82
FR 60517); (2) On February 14, 2018, EPA approved the Infrastructure
portion (see 83 FR 6470); (3) On June 29, 2018, EPA approved the
revisions to Reg. 19, Chapter 4, that address Minor New Source Review
(see 83 FR 30553); And, (4) on June 29, 2018, EPA proposed to approve
the revisions that address interstate transport requirements for the
2012 PM2.5 NAAQS and the revisions to Reg. 19, Chapter 2 and
Appendix B, that address the definition of 2012 PM2.5 in the
definition of ``NAAQS'' and the table for ``Particle Pollution,
PM2.5'' (see 83 FR 30622). Because these prior EPA actions
did not address all the submitted revisions to Reg. 19, Chapter 2 and
Appendix B, today's action addresses the remaining submitted revisions
to Reg. 19, Chapter 2 and Appendix B, and the submitted revisions to
Reg. 19, Chapters 1, 3, 5, 13, 14, and 15. For a detailed list of each
revision with our evaluation, please see our Technical Support Document
(TSD) in the docket for this rulemaking.

II. Summary of Revisions to the Arkansas SIP and EPA Evaluation

A. Non-Substantive Changes

    Non-substantive changes were made to Regulation 19, Chapter 1,
Sections

101 and 103; Chapter 2 definitions; Chapter 3, Sections 301 and 304;
Chapter 5, Sections 502-504; Chapter 13, Sections 1303 and 1308;
Chapter 14, Section 1401; and Chapter 15, Sections 1502 and 1504 such
as edits to acronyms, punctuation and section symbols. A complete
listing of the non-substantive changes is in the TSD for this action.
These changes are being approved here to maintain consistency between
State rules and the approved SIP.

B. Regulation 19, Chapter 2--Definitions

    Two definitions, ``NAAQS state implementation plan or NAAQS SIP''
and ``State implementation plan or SIP'' are new--these definitions are
applicable to revised provisions in this SIP submittal. Several other
revisions provide current references and publication dates for the
specified Federal regulations within the definition. These revisions
are necessary because Arkansas does not incorporate changes to the
Federal regulations by reference prospectively and thus, must update
its rules as Federal regulations are revised. For example, when the EPA
revises test methods to allow the use of newly approved alternative
procedures, the State must revise their state rules to incorporate the
date of that Federal action. We find these revisions approvable.
    In addition, the revisions to the definition for ``CO2 equivalent
emissions'' delete a sentence commonly referred to as EPA's Biomass
Deferral language, which EPA disapproved as a revision to the Arkansas
SIP on May 23, 2016 (see 81 FR 32239 and 40 CFR 52.172). Because of our
disapproval (see 81 FR 32239), the Biomass Deferral language was never
in the Arkansas approved SIP and thus, the State's removal of this
language from its State rules is a non-substantive change. Because the
submitted revisions delete previously disapproved language, we are
removing the prior disapproval listed in 40 CFR 52.172(c) as described
in paragraph D of this action.

C. Regulation 19, Appendix B--National Ambient Air Quality Standards
List

    The revisions to the tables for Lead, PM2.5, and
PM10 are non-substantive because the revisions remove
unnecessary punctuation. The revisions to the tables for Nitrogen
Dioxide, Ozone, and Sulfur Dioxide expand the applicability of these
NAAQS from Chapter 9, which addresses Administrative Permit Amendments,
to include all chapters in Reg. 19. We find these revisions approvable.

D. Ministerial Changes to the CFR

    We are making ministerial changes to the CFR to reflect that (1)
our March 4, 2015 approval of revisions to the Arkansas PSD regulations
for the PM2.5 NAAQS (80 FR 11573) addressed our August 20,
2012 disapproval of Arkansas infrastructure SIP elements pertaining to
these NAAQS (77 FR 50033) and (2) our approval of the revised
definition for ``CO2 equivalent emissions'' submitted on March 24, 2017
addresses our May 23, 2016 disapproval of the definition (81 FR 32239),
as described in paragraph B of this action and the TSD.

E. Section 110(l) Analysis

    Section 110(l) of the Act precludes EPA from approving a revision
of a plan if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in section 171 of the CAA), or any other applicable requirement
of the Act. The submitted revisions in this action expand the
applicability of the NAAQS in Appendix B to all chapters in Reg. 19. In
addition, the submitted revisions evaluated in this action do not relax
or otherwise weaken existing rules in the Arkansas SIP. Therefore,
these revisions would not contribute to future violations of the NAAQS
or interfere with reasonable further progress or any applicable CAA
requirements. The non-substantive revisions also would not contribute
to future violations of the NAAQS or interfere with reasonable further
progress or any applicable CAA requirements.

III. Final Action

    Pursuant to section 110 of the CAA, EPA is approving revisions to
the Arkansas SIP submitted on March 24, 2017. Specifically, we are
approving revisions to Regulation 19, Chapter 1, Sections 101 and 103;
Chapter 2 definitions; Chapter 3, Sections 301 and 304; Chapter 5,
Sections 502-504; Chapter 13, Sections 1303 and 1308; Chapter 14,
Section 1401; Chapter 15, Sections 1502 and 1504; and Appendix B tables
addressing Lead, Nitrogen Dioxide, Ozone, PM10, and Sulfur
Dioxide. The EPA is also removing the disapproval of the Greenhouse Gas
(GHG) Biomass Deferral listed at 40 CFR 52.172(c).
    The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on November 6, 2018
without further notice unless we receive relevant adverse comment by
September 7, 2018. If we receive relevant adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so now. Please note that if we receive
relevant adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, we may adopt as final those provisions of the rule that are not
the subject of an adverse comment.

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
revisions to the Arkansas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact Carrie Paige,<PHONE_NUMBER>,
[email protected] for more information). Therefore, these materials
have been approved by EPA for inclusion in the SIP, have been
incorporated by reference by EPA into that plan, are fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.

V. Statutory and Executive Order Reviews

    Under the CAA, 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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, 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. The EPA will submit a report containing this rule 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 9, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur
oxides.

    Dated: July 31, 2018.
Anne Idsal,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart E--Arkansas

0
2. In Sec.  52.170:
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a. In paragraph (c), the table titled ``EPA-Approved Regulations in the
Arkansas SIP'' is amended by revising the entries under Regulation 19
for ``Reg. 19.101'', ``Reg. 19.103'', ``Chapter 2'', ``Reg. 19.301'',
``Reg. 19.304'', ``Reg. 19.502-504'', ``Reg. 19.1303'', ``Reg.
19.1308'', ``Reg. 19.1401'', ``Reg. 19.1502'', ``Reg. 19.1504'', and
``Appendix B''; and
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b. In paragraph (e), the third table titled ``EPA-Approved Non-
Regulatory Provisions and Quasi-Regulatory Measures in the Arkansas
SIP'' is amended by revising the entry for ``Infrastructure for the
1997 and 2006 PM2.5 NAAQS''.
    The revisions read as follows:

Sec.  52.170  Identification of plan.

* * * * *
    (c) * * *

                                  EPA-Approved Regulations in the Arkansas SIP
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                                                          State
         State citation             Title/subject      submittal/     EPA approval date        Explanation
                                                     effective date
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         Regulation No. 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                                      Chapter 1: Title, Intent and Purpose
----------------------------------------------------------------------------------------------------------------
Reg. 19.101....................  Title.............       3/24/2017  8/8/2018, [Insert
                                                                      Federal Register
                                                                      citation].

                                                  * * * * * * *
Reg. 19.103....................  Intent and               3/24/2017  8/8/2018, [Insert
                                  Construction.                       Federal Register
                                                                      citation].

                                                  * * * * * * *
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                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2......................  Definitions.......       3/24/2017  8/8/2018, [Insert   The definition of VOC
                                                                      Federal Register    submitted on 3/24/2017
                                                                      citation].          was approved on 12/21/
                                                                                2017 (82 FR 60517).
                                                                                Revisions to the
                                                                                definition of National
                                                                                Ambient Air Quality
                                                                                Standard submitted on
                                                                                3/24/2017 are
                                                                                addressed in a
                                                                                separate action.
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                       Chapter 3: Protection of the National Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Reg. 19.301....................  Purpose...........       3/24/2017  8/8/2018, [Insert
                                                                      Federal Register
                                                                      citation].

                                                  * * * * * * *
Reg. 19.304....................  Delegated Federal        3/24/2017  8/8/2018, [Insert
                                  Programs.                           Federal Register
                                                                      citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       Chapter 5: General Emission Limitations Applicability to Equipment
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reg. 19.502....................  General                  3/24/2017  8/8/2018, [Insert
                                  Regulations.                        Federal Register
                                                                      citation].

                                                  * * * * * * *
Reg. 19.504....................  Stack Height/            3/24/2017  8/8/2018, [Insert
                                  Dispersion                          Federal Register
                                  Regulations.                        citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                       Chapter 13: Stage I Vapor Recovery
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reg. 19.1303...................  Definitions.......       3/24/2017  8/8/2018, [Insert
                                                                      Federal Register
                                                                      citation].

                                                  * * * * * * *
Reg. 19.1308...................  Vapor Recovery           3/24/2017  8/8/2018, [Insert
                                  Systems.                            Federal Register
                                                                      citation].

                                                  * * * * * * *
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                       Chapter 14: CAIR NO Ozone Season Trading Program General Provisions
----------------------------------------------------------------------------------------------------------------
Reg. 19.1401...................  Adoption of              3/24/2017  8/8/2018, [Insert
                                  Regulations.                        Federal Register
                                                                      citation].

                                                  * * * * * * *
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                                            Chapter 15: Regional Haze
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Reg. 19.1502...................  Definitions.......       3/24/2017  8/8/2018, [Insert
                                                                      Federal Register
                                                                      citation].

                                                  * * * * * * *
Reg. 19.1504...................  Facilities Subject-      3/24/2017  8/8/2018, [Insert
                                  to-BART.                            Federal Register
                                                                      citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                             Appendix B: National Ambient Air Quality Standards List
----------------------------------------------------------------------------------------------------------------
Appendix B.....................  National Ambient         3/24/2017  8/8/2018, [Insert
                                  Air Quality                         Federal Register
                                  Standards List.                     citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

             EPA-Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Arkansas SIP
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                                                               State
                                           Applicable        submittal/      EPA
       Name of SIP provision             geographic or       effective     approval           Explanation
                                      nonattainment  area       date         date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure for the 1997 and      Statewide............   3/28/2008,     3/4/2015  Approval for CAA elements
 2006 PM2.5 NAAQS.                                           9/16/2009,       (80 FR   110(a)(2)(A), (B), (E),
                                                              12/1/2014       11573)   (F), (G), (H), (K), (L),
                                                                                and (M) on 8/20/2012 (77
                                                                                FR 50033). Approval for
                                                                                PSD elements (C),
                                                                                (D)(i)(II) (interfere
                                                                                with measures in any
                                                                                other state to prevent
                                                                                significant deterioration
                                                                                of air quality), D(ii)
                                                                                and (J) on March 4, 2015
                                                                                (80 FR 11573).

                                                  * * * * * * *
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Sec.  52.172  [Amended]

0
3. Section 52.172 is amended by removing paragraphs (a), (b), and (c).

[FR Doc. 2018-16904 Filed 8-7-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Notices]
[Page 26720]
[FR Doc No: 2021-10301]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10023-28-OAR]

Announcing Upcoming Meeting of Mobile Sources Technical Review
Subcommittee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, EPA announces
an upcoming meeting of the Mobile Sources Technical Review Subcommittee
(MSTRS), which is a subcommittee under the Clean Air Act Advisory
Committee (CAAAC). This is a virtual meeting and open to the public.
The meeting will include discussion of current topics and presentations
about activities being conducted by EPA's Office of Transportation and
Air Quality. MSTRS listserv subscribers will receive notification when
the agenda is available on the Subcommittee website. To subscribe to
the MSTRS listserv, send an email to<EMAIL_ADDRESS>
DATES: EPA will hold a virtual public meeting on Tuesday, June 15, 2021
from 9:00 a.m. to 5:00 p.m. Eastern Daylight Time (EDT). Please monitor
the website https://www.epa.gov/caaac/mobile-sources-technical-review-subcommittee-mstrs-caaac for any changes to meeting logistics. The
final meeting agenda will be posted on the website.

ADDRESSES: For information on the public meeting or to register to
attend, please contact<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes to
attend the meeting or provide comments should express this intent by
emailing<EMAIL_ADDRESS>no later than Tuesday, June 1, 2021. Further
information concerning this public meeting and general information
concerning the MSTRS can be found at: https://www.epa.gov/caaac/mobile-sources-technical-review-subcommittee-mstrs-caaac. Other MSTRS
inquiries can be directed to Julia Burch, the Designated Federal
Officer for MSTRS, Office of Transportation and Air Quality, at 202-
564-0961 or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: During the meeting, the Subcommittee may
also hear progress reports from its workgroups as well as updates and
announcements on Office of Transportation and Air Quality activities of
general interest to attendees.
    Participation in virtual public meetings. Please note that EPA is
deviating from its typical approach because the President has declared
a national emergency. Because of current CDC recommendations, as well
as state and local orders for social distancing to limit the spread of
COVID-19, EPA cannot hold in-person public meetings at this time.
    The virtual public meeting will provide interested parties the
opportunity to participate in this Federal Advisory Committee meeting.
    EPA is asking all meeting attendees, even those who do not intend
to speak, to register for the meeting by sending an email to the
address listed in the FOR FURTHER INFORMATION CONTACT section above, by
Tuesday, June 1, 2021. This will help EPA ensure that sufficient
participation capacity will be available.
    Please note that any updates made to any aspect of the meeting
logistics, including potential additional sessions, will be posted
online at https://www.epa.gov/caaac/mobile-sources-technical-review-subcommittee-mstrs-caaac. While EPA expects the meeting to go forward
as set forth above, please monitor the website for any updates.
    For individuals with disabilities: For information on access or
services for individuals with disabilities, please email<EMAIL_ADDRESS>
To request accommodate of a disability, please email<EMAIL_ADDRESS>
preferably at least 10 business days prior to the meeting, to give EPA
as much time as possible to process your request.

Julia Burch,
Designated Federal Officer, Mobile Source Technical Review
Subcommittee, Office of Transportation and Air Quality.
[FR Doc. 2021-10301 Filed 5-14-21; 8:45 am]
BILLING CODE 6560-50-P