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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Rules and Regulations these actions to become effective immediately upon publication. The immediate effective date for this action is authorized under both 5 U.S.C.
553d1 and U.S.C. 553d3.
Section 553d1 of the APA provides that final rules shall not become effective until 30 days after publication in the Federal Register except . . . a substantive rule which grants or recognizes an exemption or relieves a restriction. The purpose of this provision is to give affected parties a reasonable time to adjust their behavior before the final rule takes effect.
Omnipoint Corp. v. Fed. Commcn Commn, 78 F.3d 620, 630 D.C. Cir.
1996; see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 8th Cir.
1977 quoting legislative history.
However, when the agency grants or recognizes an exemption or relieves a restriction, affected parties do not need a reasonable time to adjust because the effect is not adverse. EPA has determined that this rule relieves a restriction because it relieves the State of planning requirements. This action has no effect on the sources in the nonattainment area, as the area will continue to be nonattainment and therefore continue to be subject to NNSR permitting requirements.
Section 553d3 of the APA provides that final rules shall not become effective until 30 days after publication in the Federal Register except . . . as otherwise provided by the agency for good cause. The purpose of this provision is to give affected parties a reasonable time to adjust their behavior before the final rule takes effect.
Omnipoint Corp. v. Fed. Commcn Commn, 78 F.3d 620, 630 D.C. Cir.
1996; see also United States v.
Gavrilovic, 551 F.2d 1099, 1104 8th Cir.
1977 quoting legislative history. Thus, in determining whether good cause exists to waive the 30-day delay, an agency should balance the necessity for immediate implementation against principles of fundamental fairness which require that all affected persons be afforded a reasonable amount of time to prepare for the effective date of its ruling. Gavrilovic, 551 F.2d at 1105.
EPA has determined that there is good cause for making this final rule effective immediately because this rule does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. For these reasons, EPA finds good cause under both 5 U.S.C. 553d1 and U.S.C. 553d3 for this action to become effective on the date of publication of this action.

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IV. 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.;
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 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
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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. 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 7, 2022. 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, Reporting and recordkeeping requirements, Sulfur oxides.
Dated: December 1, 2021.
Debra Shore, Regional Administrator, Region 5.

For the reasons stated in the preamble, EPA amends 40 CFR part 52
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.

2. In 52.1170, the table in paragraph e is amended by adding an entry for 2010 Sulfur Dioxide Clean Data Determination immediately after the entry for List of permit applications;
list of consent order public notices;
notice, opportunity for public comment

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