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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules
as deficient. This approval is limited because the EPA is simultaneously proposing a limited disapproval of the rule under section 110k3.
In addition, a final limited disapproval would trigger sanctions under CAA section 179 and 40 CFR
52.31 unless the EPA approves subsequent SIP revisions that correct the rule deficiencies within 18 months of the effective date of the final action.
Note that the submitted rule has been adopted by the YSAQMD, and the EPAs final limited disapproval would not prevent the local agency from enforcing it. The limited disapproval also would not prevent any portion of the rule from being incorporated by reference into the federally enforceable SIP as discussed in a July 9, 1992 EPA memo found at:
https www.epa.gov/sites/production/
files/2015-07/documents/procsip.pdf.
III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the YSAQMD rules described in Table 1 of this preamble. The EPA has made, and will continue to make, these materials 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.
IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget OMB for review.
B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act PRA
This action does not impose an information collection burden under the PRA because this action does not
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impose additional requirements beyond those imposed by state law.
D. Regulatory Flexibility Act RFA
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities beyond those imposed by state law.
E. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small governments. This action does not impose additional requirements beyond those imposed by state law.
Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, will result from this action.
F. Executive Order 13132: Federalism This action does not have federalism implications. It 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.
G. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because 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, and will not impose substantial direct costs on tribal governments or preempt tribal law.
Thus, Executive Order 13175 does not apply to this action.

I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act NTTAA
Section 12d of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12d of the NTTAA because application of those requirements would be inconsistent with the CAA.
K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 9, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
FR Doc. 202103197 Filed 22421; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR09OAR20210014; FRL10020
56Region 9

H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
Air Plan Approval; California; San Joaquin Valley Unified Air Pollution Control District
The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive Order. This action is not subject to Executive Order 13045
because it does not impose additional requirements beyond those imposed by state law.

AGENCY:

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Environmental Protection Agency EPA.
ACTION: Proposed rule.
The Environmental Protection Agency EPA is proposing to approve a revision to the San Joaquin Valley Unified Air Pollution Control District SJVUAPCD or the District portion of the California State Implementation Plan SIP. This revision concerns emissions of oxides of nitrogen NOX
and particulate matter PM from SUMMARY:

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