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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
element of the 2017 Eastern Kern Ozone SIP as meeting the requirements of CAA
sections 172c9 and 182c9 for RFP
and attainment contingency measures.
Our approval is based on commitments by the District and CARB to supplement the element through submission, as a SIP revision within one year of our final conditional approval action, of a revised District rule or rules that would add new limits or other requirements if an RFP milestone is not met or if Eastern Kern fails to attain the 2008
ozone NAAQS by the applicable attainment date.69

lotter on DSK11XQN23PROD with RULES1

IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act 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 Clean Air Act. Accordingly, this action merely approves or conditionally approves state plans 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;
69 Letter dated September 1, 2020, from Glen E.
Stephens, Air Pollution Control Officer, EKAPCD, to Richard Corey, Executive Officer, CARB; and letter dated September 18, 2020, from Richard W.
Corey, Executive Officer, CARB, to John Busterud, Regional Administrator, EPA Region IX.

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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 Does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, 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 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 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 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 August 24, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
PO 00000

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reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 16, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.

For the reasons stated in the preamble, the EPA amends Part 52, chapter I, title 40 of the Code of Federal Regulations 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.

Subpart FCalifornia 2. Section 52.220 is amended by reserving paragraphs c556, 557, 558, and 559, and adding paragraphs c514iiA8, c560 and c561 to read as follows:

52.220

Identification of planin part.

c
514
ii
A
8 2018 Updates to the California State Implementation Plan, adopted on October 25, 2018, chapter IV SIP
Elements for Eastern Kern County;
and pages A11 through A14 of appendix A Nonattainment Area Inventories, only.

560 The following plan was submitted on October 25, 2017 by the Governors designee.
i Reserved ii Additional materials.
A Eastern Kern Air Pollution Control District.
1 2017 Ozone Attainment Plan For 2008 Federal 75 ppb 8-Hour Ozone Standard, adopted on July 27, 2017, excluding chapter XI Reasonably Available Control Measures Demonstration and chapter XIII
Attainment Demonstration.
2 Reserved B Reserved 561 The following plan was submitted on August 31, 2020 by the Governors designee as an attachment to a letter dated August 25, 2020.
i Reserved ii Additional materials.
A California Air Resources Board.
1 Transportation Conformity Budget State Implementation Plan Update for
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