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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Rules and Regulations designations are exempt from the notice-and-comment provisions of the APA. In addition, designations under CAA section 107d are not among the list of actions that are subject to the notice-and-comment rulemaking requirements of CAA section 307d.
D. Unfunded Mandates Reform Act 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. The division of responsibility between the Federal Government and the states for purposes of implementing the NAAQS is established under the CAA.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications. It will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. There are no tribes affected by this action.
G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks
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The EPA interprets Executive Order 13045 as applying to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive order. This action is not subject to Executive Order 13045
because it does not establish an environmental standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866.

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I. National Technology Transfer and Advancement Act NTTAA
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and/or indigenous peoples, as specified in Executive Order 12898 59 FR 7629, February 16, 1994.
The documentation for this determination is contained in Section X
of this preamble, Environmental Justice Concerns.
K. Congressional Review Act CRA
This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the U.S. This action is not a major rule as defined by 5 U.S.C. 8042.
L. Judicial Review Section 307b1 of the CAA governs judicial review of final actions by the EPA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit: i When the Agency action consists of nationally applicable regulations promulgated, or final action taken, by the Administrator, or ii when such action is locally or regionally applicable, if such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination. For locally or regionally applicable final actions, the CAA
reserves the EPA complete discretion whether to invoke the exception in ii.
This final action designating areas for the 2015 ozone NAAQS is nationally applicable within the meaning of CAA
section 307b1. In the alternative, to the extent a court finds this action to be locally or regionally applicable, the Administrator is exercising the complete discretion afforded to him under the CAA to make and publish a finding that this action is based on a determination of nationwide scope or effect within the meaning of CAA
section 307b1.14 This final action 14 In deciding whether to invoke the exception by making and publishing a finding that this final action is based on a determination of nationwide scope or effect, the Administrator has also taken into account a number of policy considerations, including his judgment balancing the benefit of obtaining the D.C. Circuits authoritative centralized
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establishes designations for areas across the U.S. for the 2015 ozone NAAQS, located in five states, in two EPA
regions, and in three different federal judicial circuits.15 This final action applies a uniform, nationwide analytical method and interpretation of CAA
section 107d1 to these areas across the country in a single final action, and the final action is based on this common core of determinations. More specifically, for example, this final action is based on a determination by the EPA to evaluate areas nationwide under a common five factor analysis in determining whether areas were in violation of or contributing to an area in violation of the 2015 Ozone NAAQS at the time of the April 2018 designations final action.
For these reasons, this final action is nationally applicable or, alternatively, the Administrator is exercising the complete discretion afforded to him by the CAA and hereby finds that this final action is based on a determination of nationwide scope or effect for purposes of CAA section 307b1 and is hereby publishing that finding in the Federal Register. Under section 307b1 of the CAA, any petitions for review of this final action must be filed in the U.S.
Court of Appeals for the District of Columbia Circuit within 60 days from the date this final action is published in the Federal Register. Filing a petition for reconsideration by the Administrator of these final actions does not affect the finality of the actions for the purposes of judicial review, nor does it extend the time within which a petition for judicial review must be filed and shall not postpone the effectiveness of such actions.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks, Wilderness areas.
Michael S. Regan, Administrator.

For the reasons set forth in the preamble, 40 CFR part 81 is amended as follows:
review versus allowing development of the issue in other contexts and the best use of Agency resources.
15 In the report on the 1977 Amendments that revised section 307b1 of the CAA, Congress noted that the Administrators determination that the nationwide scope or effect exception applies would be appropriate for any action that has a scope or effect beyond a single judicial circuit. See H.R. Rep. No. 95294 at 323, 324, reprinted in 1977
U.S.C.C.A.N. 140203.

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