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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
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hybrid, plug-in EV, and EV vehicles.
This commenter also stated that the county had failed to enforce idling restrictions, and recommended that the county increase education about the consequences of non-adherence to idling restrictions by private citizens, as well as corporate and government entities.
Response 2: While the EPA ultimately approves or disapproves a state plan as meeting or not meeting the criteria of the CAA, Congress gave states the lead in developing a plan to implement, maintain, and enforce the NAAQS.
Once a NAAQS is established, each state is required to develop a plan for how the state will control air pollution within its jurisdiction, which is called a SIP. SIPs must include, among other things, emission limitations and other control measures, means, or techniques, as well as schedules, and timetables for compliance, as may be necessary or appropriate to meet applicable CAA
requirements, including timely attainment and subsequent maintenance of the NAAQS. CAA section 110a2;
see also Train v. NRDC, 421 US 60, 67
1975. So long as the ultimate effect of a States choice of emission limitations is compliance with the NAAQS, the State generally may adopt its preferred mix of controls deemed best suited to its particular situation. See Train, 421 US at 79. As discussed in the proposal, EPA has determined that the improvement in air quality in the Logan UT-ID NAA is reasonably attributable to permanent and enforceable reductions in emissions resulting from implementation of the applicable implementation plan, implementation of applicable Federal air pollutant control regulations, and other permanent and enforceable reductions 86 FR 9888. The comment does not provide a basis for EPA to reconsider this or any other portion of our proposed action.
III. Final Action EPA is finalizing the redesignation of the Idaho portion of the Logan UT-ID
2006 PM2.5 NAA to attainment. EPA is also approving the associated maintenance plan ensuring continued attainment of the 2006 24-hour PM2.5
NAAQS in the area for the next 10
years. For transportation conformity purposes, EPA is approving the 2031
motor vehicle emissions budgets included in Idahos maintenance plan for PM2.5, NOX and VOC. The designation status of the Idaho portion of the Logan, UT-ID PM2.5 NAA under 40 CFR part 81 will be revised to attainment upon the effective date of this final action.

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IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan and associated motor vehicle emissions budgets under section 107d3E are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, 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 already 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 Clean Air Act;
and
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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.
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 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. 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 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 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Environmental protection, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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