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Federal Register / Vol. 86, No. 143 / Thursday, July 29, 2021 / Rules and Regulations
TABLE 1AREAS THAT ATTAINED THE REVOKED 1997 8-HOUR OZONE NAAQS BY THE ATTAINMENT DATEContinued EPA
region
State
Applicable attainment date
Area name
Attainment year design value DV
Level
Ventura County, CA

June 15, 2013

0.081

DV years 20102012

A On
April 30, 2004 69 FR 23858 and May 21, 2012 77 FR 30088, EPA designated the entirety of Sheboygan County, WI, as nonattainment for the 1997 ozone NAAQS and 2008 ozone NAAQS, respectively. The EPAs February 8, 2019, letter to the Wisconsin Department of Natural Resources, finding that the area attained the revoked 1997 ozone NAAQS by the attainment date, applied the finding to the original full-county Sheboygan County, WI, area. On July 15, 2019, the EPA revised the original designation by splitting the Sheboygan County, WI, area for the revoked 1997 ozone NAAQS and the 2008 ozone NAAQS area into the separate Inland Sheboygan County, WI, and Shoreline Sheboygan County, WI, areas 84 FR 33699, Jul. 15, 2019. This change is reflected in 40 CFR 81.350 under Wisconsin. On April 26, 2020 85 FR 23274 and May 12, 2020 85 FR 28550, EPA proposed to redesignate the Inland Sheboygan, WI, area and Shoreline Sheboygan, WI, areas, respectively, to attainment of the 2008 ozone NAAQS. In those proposed rulemakings, EPA correctly indicated that redesignation for the more stringent 2008
ozone NAAQS would satisfy the obligation to adopt anti-backsliding requirements under the 1997 ozone NAAQS as codified at 40 CFR
51.1105a1 and 40 CFR 51.1100o. In the preamble to EPAs July 10, 2020, final redesignation of the Inland Sheboygan, WI, area 85 FR
41400, EPA incorrectly stated that the revoked 1997 ozone NAAQS was not at issue in the redesignation, and upon EPAs concurrent final redesignation of the Shoreline Sheboygan, WI, area 85 FR 41405, EPA failed to comment on any applicability to the revoked 1997 ozone NAAQS. In fact, as specified in EPAs March 6, 2015 SIP Requirements Rule for the 2008 ozone NAAQS 80 FR 12264, approval of a request for redesignation to attainment for the 2008 ozone NAAQS signifies that the state has satisfied its obligations to adopt anti-backsliding requirements for the revoked 1997 ozone NAAQS. South Coast Air Quality Management District v. EPA, 882 F.3d 1138, 115152 D.C. Cir. 2018.

IV. Environmental Justice Considerations This final rule requires no environmental justice considerations.
V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and, therefore, was not submitted to the Office of Management and Budget for review.
B. Paperwork Reduction Act PRA
This action does not impose an information collection burden under the PRA.
C. Regulatory Flexibility Act RFA
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities.

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D. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531
1538.4 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 4 U.S.C.

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F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law.
Thus, Executive Order 13175 does not apply to this action.
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 Advancement Act NTTAA
This rulemaking does not involve technical standards.

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relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.

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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, low-income populations and/or indigenous peoples, as specified in Executive Order 12898
59 FR 7629, Feb. 16, 1994. The documentation for this decision is contained in Section IV of this document titled, Environmental Justice Considerations.
K. Congressional Review Act CRA
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.
L. Judicial Review Under section 307b1 of the CAA, petitions for judicial review of final actions that are locally and regionally applicable may be filed only in the United States Court of Appeals for the appropriate circuit by September 27, 2021. However, the statute also provides
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