Federal Register - September 27, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations final action on the contingency measure element.
Finally, we are amending the regulatory text at 40 CFR 52.220c514
to identify the submittal date for the 2018 SIP Update as December 11, 2018, the date that the submittal was Budget year VOC
NOX
electronically received through the State 2020
3.7
8.4 Planning Electronic Collaboration 2023
3.3
4.6 System. The current regulatory text 2026
3.0
4.2 identifies the submittal date as I
I
December 5, 2018, which is the date of a Source: Table VI3 from the 2018 SIP
the CARB cover letter accompanying the Update.
submittal.
We are also taking final action to find IV. Statutory and Executive Order that the:
Reviews 2020 budgets from the 2018 SIP
Update Table 1 are adequate for Under the Clean Air Act, the transportation conformity purposes; 41
Administrator is required to approve a Clean fuels fleet program element in SIP submission that complies with the the 2016 WMD Attainment Plan meets provisions of the Act and applicable the requirements of CAA sections Federal regulations. 42 U.S.C. 7410k;
182c4A and 246 and 40 CFR
40 CFR 52.02a. Thus, in reviewing SIP
51.1102 for the 2008 ozone NAAQS; and submissions, the EPAs role is to Enhanced monitoring element in approve state choices, provided that the 2016 WMD Attainment Plan meets they meet the criteria of the Clean Air the requirements of CAA section Act. Accordingly, this action merely 182c1 and 40 CFR 51.1102 for the approves state law as meeting federal 2008 ozone NAAQS.
requirements and does not impose additional requirements beyond those With respect to the budgets, we are imposed by state law. For that reason, taking final action to limit the duration this action:
of our approval to last only until the Is not a significant regulatory action effective date of the EPAs adequacy subject to review by the Office of finding for any subsequently submitted Management and Budget under budgets. We are doing so at CARBs Executive Orders 12866 58 FR 51735, request and in light of the benefits of October 4, 1993 and 13563 76 FR 3821, using EMFAC2017-derived budgets 42
January 21, 2011;
prior to our taking final action on the future SIP revision that includes the Does not impose an information updated budgets.
collection burden under the provisions As described above, the proposed rule of the Paperwork Reduction Act 44
also proposed to conditionally approve, U.S.C. 3501 et seq.;
Is certified as not having a under CAA section 110k4, the significant economic impact on a contingency measure element of the substantial number of small entities 2016 WMD Attainment Plan as meeting under the Regulatory Flexibility Act 5
the requirements of CAA sections U.S.C. 601 et seq.;
172c9 and 182c9 for RFP and attainment contingency measures.
Does not contain any unfunded Following publication of the proposed mandate or significantly or uniquely rule, the Ninth Circuit Court of Appeals affect small governments, as described issued a decision in Association of in the Unfunded Mandates Reform Act Irritated Residents v. U.S.
of 1995 Pub. L. 1044;
Environmental Protection Agency, Does not have federalism which remanded the EPAs conditional implications as specified in Executive approval of contingency measures for Order 13132 64 FR 43255, August 10, another California nonattainment area.43 1999;
Based on this decision, we are deferring Is not an economically significant regulatory action based on health or 41 Pursuant to 40 CFR 93.118f2iii, the EPAs safety risks subject to Executive Order adequacy determination is effective upon 13045 62 FR 19885, April 23, 1997;
publication of this final rule in the Federal Is not a significant regulatory action Register.
subject to Executive Order 13211 66 FR
42 On August 15, 2019, the EPA approved and 28355, May 22, 2001;
announced the availability of EMFAC2017, the latest update to the EMFAC model for use by state Is not subject to requirements of and local governments to meet CAA requirements.
Section 12d of the National See 84 FR 41717 August 15, 2019.
Technology Transfer and Advancement 43 Association of Irritated Residents v. U.S.
Act of 1995 15 U.S.C. 272 note because Environmental Protection Agency, No. 1971223
9th Cir. Aug. 26, 2021.
application of those requirements would
lotter on DSK11XQN23PROD with RULES1
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THE 2008 OZONE NAAQS IN THE
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be inconsistent with the Clean Air Act;
and Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable 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 November 26, 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 reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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27SER1