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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations
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TABLE 1STATES AND/OR NONATTAINMENT AREAS INCLUDED IN FINDINGS OF FAILURE TO SUBMIT REQUIRED SIP
REVISIONS TO ADDRESS THE 2016 OIL AND NATURAL GAS INDUSTRY CTG FOR THE 2015 OZONE NAAQS
State
Nonattainment area/OTR state
Classification
NY

NY portion of New York-N New Jersey-Long Island nonattainment area.
NYOTR state
PAOTR state

Serious

2

OTR
OTR

2
3

NY
PA

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III. Consequences of Findings of Failure To Submit If the EPA finds that a state has failed to make the required SIP submittal or that a submitted SIP is incomplete, then CAA section 179a establishes specific consequences, after a period of time, including the imposition of mandatory sanctions for the affected area or state as appropriate in the case of the OTR.
Additionally, such a finding triggers an obligation under CAA section 110c for the EPA to promulgate a FIP no later than 2 years after issuance of the finding of failure to submit if the affected state has not submitted, and the EPA has not approved, the required SIP submittal.
If the EPA has not affirmatively determined that a state has made the required complete SIP submittal for an area or OTR state within 18 months of the effective date of this rulemaking, then, pursuant to CAA section 179a and b and 40 CFR 52.31, the offset sanction identified in CAA section 179b2 will apply in the affected nonattainment area or OTR state. If the EPA has not affirmatively determined that the state has made the required complete SIP submittal within 6 months after the offset sanction is imposed, then the highway funding sanction will apply in the affected nonattainment area, in accordance with CAA section 179b1 and 40 CFR 52.31.11 The sanctions will not take effect if, within 18 months after the effective date of these findings, the EPA affirmatively determines that the state has made a complete SIP submittal addressing the deficiency for which the finding was made. Additionally, if the state makes the required SIP submittal and the EPA
takes final action to approve the submittal within 2 years of the effective date of these findings, the EPA is not required to promulgate a FIP for the affected nonattainment area or OTR
state.
11 For the OTR states, such highway sanctions would only apply in nonattainment areas. If the OTR state does not contain any nonattainment areas, then the highway sanctions would not apply in that state.

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IV. Findings of Failure To Submit for States That Failed To Make a Nonattainment Area and/or Ozone Transport Region SIP Submittal Based on a review of SIP submittals received and deemed complete as of the date of signature of this action, the EPA
finds that the states listed in Table 1
above failed to submit the 2016 Oil and Gas CTG RACT SIP revisions required under subpart 2 of part D of Title I of the CAA and that were due no later than August 3, 2020, for the listed nonattainment areas and OTR states.
V. Environmental Justice Considerations The EPA believes that the human health or environmental risks addressed by this action will not have disproportionately high or adverse human health or environmental effects on minority, low-income, or indigenous populations because it does not directly affect the level of protection provided to human health or the environment under the 2015 ozone NAAQS. The purpose of this action is to make findings that the named states failed to provide the identified SIP submissions to the EPA
that are required per the CAA. As such, this action does not directly affect the level of protection provided for human health or the environment. Moreover, it is intended that the actions and deadlines resulting from this notice will in fact lead to greater protection for U.S.
citizens, including minority, lowincome, or indigenous populations, by ensuring that states meet their statutory obligation to develop and submit SIPs to ensure that areas make progress toward reducing ozone pollution.
VI. Statutory and Executive Order Reviews A. Executive Orders 12866: Regulatory Planning 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.

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EPA Region
B. Paperwork Reduction Act PRA
This action does not impose an information collection burden under the provisions of the PRA. This final rule does not establish any new information collection requirement apart from what is already required by law. This rule relates to the requirement in the CAA
for states to submit SIPs under sections 172, 182, and 184 which address the statutory requirements that apply to areas designated as nonattainment for the ozone NAAQS and to states within the Ozone Transport Region, respectively.
C. Regulatory Flexibility Act RFA
I certify that this rule 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. The rule is a finding that the named states have not made the necessary SIP submission for certain nonattainment areas and/or states in the OTR to meet the requirements of part D
of Title I of the CAA.
D. Unfunded Mandates Reform Act of 1995 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. The action imposes no enforceable duty on any state, local or tribal governments or the private sector.
E. 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.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This rule finds that two states have failed to submit SIP
revisions that satisfy the nonattainment area planning requirements under
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