Federal Register - September 24, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules
from approvable RFP and attainment demonstrations and meet the requirements of CAA section 176c and 40 CFR part 93, subpart A;
4 We are proposing to approve the inter-pollutant trading mechanism provided for use in transportation conformity analyses for the 1997 24hour PM2.5 NAAQS, in accordance with 40 CFR 93.124b; and 5 We are proposing to disapprove the contingency measure element of the SJV PM2.5 Plan for the 1997 24-hour PM2.5 NAAQS for both the Serious area and CAA section 189d planning requirements for failing to meet the requirements of CAA section 172c9.
However, based on our proposed finding of attainment by the applicable attainment date, we are also proposing to determine that the contingency measures requirement will no longer apply to the San Joaquin Valley area for the 1997 24-hour PM2.5 NAAQS if we finalize the determination of attainment by the applicable attainment date.
Therefore, our proposed disapproval, if finalized, would not trigger sanctions or FIP clocks, and we are proposing to issue a protective finding for transportation conformity determinations under 40 CFR
93.120a3 if the proposed disapproval is finalized.
The EPA is soliciting public comments on the issues discussed in this proposed rule. We will accept comments from the public on this proposal for the next 30 days.
VII. Statutory and Executive Order Reviews
any new information collection burdens but will simply disapprove certain State requirements for inclusion in the SIP.
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. This proposed partial SIP
approval and partial disapproval, if finalized, will not in-and-of itself create any new requirements but will simply disapprove certain state requirements for inclusion in the SIP.
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. This action proposes to partially approve and partially disapprove pre-existing requirements under state or local law and imposes no new requirements. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, result from this action.
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.
B. Paperwork Reduction Act PRA
F. Executive Order 13175: Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the SIP revision that the EPA is proposing to partially approve and partially disapprove would not 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, and will not impose substantial direct costs on tribal governments or preempt tribal law.
Thus, Executive Order 13175 does not apply to this action.
This action does not impose an information collection burden under the PRA because the proposed partial SIP
approval and partial disapproval, if finalized, will not in-and-of itself create
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those
Additional information about these statutes and Executive Orders can be found at https www2.epa.gov/lawsregulations/laws-and-executive-orders.
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 was therefore not submitted to the Office of Management and Budget OMB for review.
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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 this proposed partial SIP
approval and partial disapproval, if finalized, will not in-and-of itself create any new regulations but will simply disapprove certain state requirements for inclusion in the SIP.
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
Section 12d of the NTTAA directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. The EPA believes that this action is not subject to the requirements of section 12d of the NTTAA because application of those requirements would be inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population The EPA lacks the discretionary authority to address environmental justice in this rulemaking.
List of Subjects in 40 CFR Part 51
Environmental protection, Air pollution control, Ammonia, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 17, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
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