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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations Therefore, we consider them outside the scope of this action. However, we have determined that one issue raised is within the scope of this action and requires a response. Specifically, one commenter alleged, generally, that incorporation by reference is illegal.
Response
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We disagree with the commenters assertion that incorporation by reference is illegal. On the contrary, section 552a of title 5, United States Code provides that reasonably available materials are considered published in the Federal Register when those materials are incorporated by reference therein and approved by the Director of the Federal Register. The Code of Federal Regulations CFR at 1 CFR part 51 sets forth the requirements that agencies must follow to incorporate materials by reference. In this rulemaking, the EPA is complying with the law by adhering to the requirements of 1 CFR part 51, as authorized by section 552a of title 5, United States Code.
To the extent the commenter has concerns about Oregons incorporation of certain Federal regulations by reference into State rules, Oregon promulgated the rule revisions in accordance with State and CAA
procedural requirements.
Documentation of Oregons rulemaking process is included in the docket for this action. Also, in approving SIPs under section 110 of the Clean Air Act CAA, Congress gave states the lead in developing plans to implement, maintain, and enforce the national ambient air quality standards NAAQSstandards designed to protect public health and welfare from air pollution. In reviewing state plans, the EPAs role is to approve state choices, provided that they meet the criteria of the CAA. See 42 U.S.C.
7410k and 40 CFR 52.02a. In this case, Oregon submitted State administrative rules to the EPA and requested that the EPA approve the rules into the Oregon SIP. Our action on the January 29, 2021 Oregon submission, with which the commenter takes issue, approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law.
Therefore, we are finalizing our action as proposed.
III. Final Action The EPA is approving, and incorporating by reference, revisions to the Oregon SIP submitted on January 29, 2021. Upon the effective date of this action, the Oregon SIP will include the
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following regulations, State effective January 21, 2021:
OAR 3402000035, Reference Materials; and OAR 3402440030, General Provisions for Stationary Sources:
Definitions, only to the extent needed to implement the requirements for gasoline dispensing facilities in Division 244 that are approved into the SIP for the purposes of regulating VOC emissions.
IV. Incorporation by Reference In this document, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR
51.5, we are finalizing the incorporation by reference of Oregon regulatory provisions as described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through https
www.regulations.gov and at the EPA
Region 10 Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally-enforceable under sections 110 and 113 of the CAA as of the effective date of the final rule of the EPAs approval, and will be incorporated by reference in the next update to the SIP compilation.1
V. 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, the 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.;
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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 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.
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 it 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 CAA, petitions for judicial review of this action must be filed in the United States
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