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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations the required infrastructure elements under sections 110a1 and 2 for the 2015 ozone NAAQS. The disapproved prong 4 does not begin a new FIP clock,
as FIPs are already in place in response to those deficiencies.
EPAs actions for the states satisfaction of infrastructure SIP

requirements, by element of section 110a2 are contained in the table below.

Element
2015 ozone
AEmission limits and other control measures
BAmbient air quality monitoring/data system
C1Program for enforcement of control measures
C2Minor NSR
C3PSD
D1I Prong 1: Interstate transportsignificant contribution to nonattainment
D2I Prong 2: Interstate transportinterference with maintenance
D3II Prong 3: Interstate transportinterference with PSD
D4II Prong 4: Interstate transportinterference with visibility protection
D5Interstate and international pollution abatement
E1Adequate resources
E2State board requirements
FStationary source monitoring system
GEmergency powers
HFuture SIP revisions
INonattainment planning requirements of part D
J1Consultation with government officials
J2Public notification
J3PSD
J4Visibility protection
KAir quality modeling/data
LPermitting fees
MConsultation/participation by affected local entities

In the above table, the key is as follows:
A
D
NA

Approve.
Disapprove.
No Action/Separate Rulemaking.
Not germane to infrastructure SIPs.

III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations.
42 U.S.C. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs 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;
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.;

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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 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
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A
A A
A A
NA
NA
A D
A A
NA
A A
A

A
A A

A
A A

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. 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 appropriate circuit by November 29, 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.

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