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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations The submitted 2020 budgets from the 2018 Western Nevada County Ozone Plan are adequate for transportation conformity purposes.50
Lastly, we are conditionally approving, under CAA section 110k4, the contingency measures element of the 2018 Western Nevada County Ozone Plan as meeting the requirements of CAA sections 172c9 and 182c9 for RFP and attainment contingency measures. Our approval is based on commitments by the District and CARB
to supplement the element through submission, as a SIP revision within one year of our final conditional approval action, of a District rule that would add new limits or other requirements that would apply if an RFP milestone is not met or if Western Nevada County fails to attain the 2008
ozone NAAQS by the applicable attainment date.51

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IV. 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. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs 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 50 Pursuant to 40 CFR 93.118f2iii, the EPAs adequacy determination is effective upon publication of this final rule in the Federal Register. The proposed rule proposed to find that Western Nevada County had met the clean fuels fleet program requirements in CAA sections 182c4 and 246 and 40 CFR 51.1102 for the 2008
ozone NAAQS through the States 1994 Opt-Out Program SIP revision. However, as explained above, the area is not subject to this element because its 1980 population was less than 250,000.
51 Letter dated November 16, 2020, from Richard Corey, Executive Officer, CARB, to John Busterud, Regional Administrator, EPA Region IX. CARBs letter also forwarded the Districts commitment letter to the EPA. The Districts letter is dated October 26, 2020, from Gretchen Bennitt, NSAQMD
Air Pollution Control Officer, to Richard Corey, CARB Executive Officer.

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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. 1044;
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 12d 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.
8042.
Under section 307b1 of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the
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appropriate circuit by July 20, 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 307b2.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 13, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.

For the reasons stated in the preamble, the EPA amends chapter I, title 40 of the Code of Federal Regulations as follows:
PART 52APPROVAL 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 FCalifornia 2. Section 52.220 is amended by adding paragraph c554 to read as follows:

52.220

Identification of planin part.

c
554 The following plan was submitted on December 7, 2018 by the Governors designee.
i Reserved ii Additional materials. A Northern Sierra Air Quality Management District 1 Ozone Attainment Plan, Western Nevada County, State Implementation Plan for the 2008 Primary Federal 8-Hour Ozone Standard of .075 ppm, adopted on October 22, 2018.
2 Reserved B Reserved 3. Section 52.244 is amended by adding paragraph a12 to read as follows:
52.244

Motor vehicle emissions budgets.

a
12 Nevada County Western part, approved June 21, 2021.

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