Voglio sapere a riguardo di…

67872

Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
requirement to promulgate air quality designations after promulgation of a new or revised NAAQS.
B. Paperwork Reduction Act PRA
This action does not impose an information collection burden under the PRA. This action fulfills the nondiscretionary duty for the EPA to promulgate air quality designations after promulgation of a new or revised NAAQS and does not contain any information collection activities.
C. Regulatory Flexibility Act RFA
This action is not subject to the RFA.
The RFA applies only to rules subject to notice and comment rulemaking requirements under the Administrative Procedure Act APA, 5 U.S.C. 553, or any other statute.
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. 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 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.

lotter on DSK11XQN23PROD with RULES1

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action has tribal implications.
However, it will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. There was one Federally Recognized Tribe that was potentially affected by this action, the Ysleta del Sur Pueblo. Consistent with the EPA Policy on Coordination and Consultation with Indian Tribes, by letter dated May 26, 2021, the EPA
offered the Ysleta del Sur Pueblo the opportunity for consultation and informed the tribe of the designations process and the intended designation for El Paso County, TX. The tribe did not request any consultation.

VerDate Sep<11>2014

15:56 Nov 29, 2021

Jkt 256001

G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying 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 establish an environmental standard intended to mitigate health or safety risks.
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.
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 IX
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 U.S. This action is not a major rule as defined by 5 U.S.C. 8042.
L. Judicial Review Section 307b1 of the CAA governs judicial review of final actions by the EPA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit: i When the Agency action consists of nationally applicable regulations promulgated, or final action taken, by the Administrator, or ii when such action is locally or regionally applicable, if such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that
PO 00000

Frm 00042

Fmt 4700

Sfmt 4700

such action is based on such a determination. For locally or regionally applicable final actions, the CAA
reserves the EPA complete discretion whether to invoke the exception in ii.
This final action designating areas for the 2015 ozone NAAQS is nationally applicable within the meaning of CAA
section 307b1. In the alternative, to the extent a court finds this action to be locally or regionally applicable, the Administrator is exercising the complete discretion afforded to him under the CAA to make and publish a finding that this action is based on a determination of nationwide scope or effect within the meaning of CAA
section 307b1.25 This final action establishes designations for two areas across the U.S. for the 2015 ozone NAAQS, located in two states, in two EPA regions, and in two different federal judicial circuits.26 This final action applies a uniform, nationwide analytical method and interpretation of CAA section 107d1 to these areas across the country in a single final action, and the final action is based on this common core of determinations.
More specifically, this final action is based on a determination by the EPA to evaluate areas nationwide under a common five factor analysis in determining whether areas were in violation of or contributing to an area in violation of the 2015 ozone NAAQS at the time of the April 2018 designations final action. For example, the EPAs revised designations are based on a determination by the EPA to reconsider the information and data in the record and available at the time of the designations action signed April 2018, rather than considering newer air quality information.
For these reasons, this final action is nationally applicable or, alternatively, the Administrator is exercising the complete discretion afforded to him by the CAA and hereby finds that this final action is based on a determination of nationwide scope or effect for purposes of CAA section 307b1 and is hereby publishing that finding in the Federal 25 In deciding whether to invoke the exception by making and publishing a finding that this final action is based on a determination of nationwide scope or effect, the Administrator has also taken into account a number of policy considerations, including his judgment balancing the benefit of obtaining the D.C. Circuits authoritative centralized review versus allowing development of the issue in other contexts and the best use of Agency resources.
26 In the report on the 1977 Amendments that revised section 307b1 of the CAA, Congress noted that the Administrators determination that the nationwide scope or effect exception applies would be appropriate for any action that has a scope or effect beyond a single judicial circuit. See H.R. Rep. No. 95294 at 323, 324, reprinted in 1977
U.S.C.C.A.N. 140203.

E:FRFM30NOR1.SGM

30NOR1