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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations 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 as specified by Executive Order 13175 65 FR 67249, November 9, 2000 because no tribal lands are located within the areas covered in this action and the redesignation does not create new requirements. The EPA notes this final redesignation action will not impose substantial direct costs on Tribal governments or preempt Tribal law.
G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying only 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 concern an environmental health risk or safety risk.

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.
I. National Technology Transfer and Advancement Act NTTAA
This rulemaking does not involve technical standards.

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 CAA
section 307b2.
V. Statutory Authority
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 III
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 United States. This action is not a major rule as defined by 5 U.S.C. 8042.
L. Judicial Review Under section 307b1 of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 14, 2021. Filing a petition for reconsideration by the
The statutory authority for this action is provided by 42 U.S.C. 7401, et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental relations, Sulfur oxides.
Michael S. Regan, Administrator.

For the reasons stated in the preamble, the EPA amends title 40 CFR
part 81as set forth below:
PART 81DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. In 81.328, the table titled, Nebraska2010 Sulfur Dioxide NAAQS
Primary is amended by revising the entry for Lancaster County and redesignating it alplabetically under Statewide before the entry for Lincoln County to read as follows:

81.328

Nebraska.

NEBRASKA2010 SULFUR DIOXIDE NAAQS
Primary Designation Designated area 1
Date 2

Lancaster County

Type

August 16, 2021

Attainment/Unclassifiable.

1 Includes
any Indian country in each county or area, unless otherwise specified. The EPA is not determining the boundaries of any area of Indian country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is April 9, 2018, unless otherwise noted.

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3. In 81.344, the table titled Texas2010 Sulfur Dioxide NAAQS

VerDate Sep<11>2014

15:56 Jul 15, 2021

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Primary is amended by revising the entry for Milam County, TX to read as follows:

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81.344

E:FRFM16JYR1.SGM

Texas.

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