Determination of Attainment by the Attainment Date But for International Emissions for the 2015 Ozone National Ambient Air Quality Standard; Imperial County, California, 63701-63703 [2022-22276]
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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Rules and Regulations
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
CAA 181(b)(2)(A) directs the
Administrator to determine, within 6
months following the applicable
attainment date, and based on the area’s
design value as of the attainment date,
whether the area attained the standard
by that date. There is no information in
the record indicating that this action
would be inconsistent with the stated
goals of Executive Order 12898 of
achieving environmental justice for
people of color, low-income
populations, and indigenous peoples.
K. Congressional Review Act (CRA)
This rule is exempt from the CRA
because it is a rule of particular
applicability. The rule makes factual
determinations for specific entities and
does not directly regulate any entities.
The determination of attainment by the
attainment date does not in itself create
any new requirements beyond what is
mandated by the CAA.
lotter on DSK11XQN23PROD with RULES1
L. Judicial Review
Under section 307(b)(1) 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 December 19,
2022. 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
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
VerDate Sep<11>2014
15:48 Oct 19, 2022
Jkt 259001
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, part 52, chapter 1, title 40 of
the Code of Federal Regulations is
amended as follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2022–0501; FRL–10106–
02–R9]
Determination of Attainment by the
Attainment Date But for International
Emissions for the 2015 Ozone National
Ambient Air Quality Standard; Imperial
County, California
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
AGENCY:
1. The authority citation for part 52
continues to read as follows:
SUMMARY:
Environmental Protection
Agency (EPA).
ACTION: Final action.
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.282 is amended by
adding paragraph (n) to read as follows:
■
§ 52.282
Ozone.
Control strategy and regulations:
*
*
*
*
*
(n) Determinations of attainment by
the attainment date. Effective November
21, 2022.
(1) Determinations of attainment by
the attainment date. The EPA has
determined that the Nevada County
(Western part) and Ventura County
Serious nonattainment areas in
California attained the 2008 8-hour
ozone National Ambient Air Quality
Standards (NAAQS) by the applicable
attainment date of July 20, 2021, based
upon complete, quality-assured and
certified data for the calendar years
2018–2020.
(2) Determinations of attainment by
the attainment date. The EPA has
determined that the Butte County,
Calaveras County, San Luis Obispo
(Eastern part), Sutter Buttes, Tuolumne
County, and Tuscan Buttes Marginal
nonattainment areas in California
attained the 2015 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) by the applicable attainment
date of August 3, 2021, based upon
complete, quality-assured and certified
data for the calendar years 2018–2020.
[FR Doc. 2022–22192 Filed 10–19–22; 8:45 am]
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63701
The Environmental Protection
Agency (EPA or ‘‘Agency’’) is
determining that the Imperial County
nonattainment area would have attained
the 2015 ozone national ambient air
quality standard (NAAQS) by the
August 3, 2021 ‘‘Marginal’’ area
attainment date, but for emissions
emanating from outside the United
States. As a result of this final action,
the Imperial County nonattainment area
will no longer be subject to the Clean
Air Act (CAA) requirements pertaining
to reclassification upon failure to attain
and therefore will remain classified as a
Marginal nonattainment area for the
2015 ozone NAAQS. This action
discharges the EPA’s statutory
obligation to determine whether the
Imperial County ozone nonattainment
area attained the NAAQS by the
attainment date.
DATES: This final action is effective on
November 21, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0501. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, Air Planning Office
(AIR–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
972–3964, or by email at
vagenas.ginger@epa.gov.
E:\FR\FM\20OCR1.SGM
20OCR1
63702
Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
lotter on DSK11XQN23PROD with RULES1
On August 15, 2022, the EPA
proposed to determine, based on a
demonstration submitted by the State of
California, that the Imperial County
nonattainment area 1 would have
attained the 2015 ozone NAAQS 2 by the
‘‘Marginal’’ area attainment date of
August 3, 2021, but for emissions
emanating from outside of the United
States (specifically, from Mexico), and
therefore is not subject to the CAA
requirements pertaining to
reclassification upon failure to attain.3
This demonstration, entitled ‘‘Imperial
County Clean Air Act Section 179B(b)
Analysis for the 70 ppb 8-Hour Ozone
Standard,’’ was submitted by the
California Air Resources Board (CARB)
on August 16, 2021. CARB submitted
additional information on November 24,
2021. Using several lines of evidence,
CARB evaluated whether, and the extent
to which, ambient ozone levels in
Imperial County are affected by
emissions emanating from northern
Mexico.
In our proposed rule, we provided
background information on the ozone
standard, area designations and related
SIP requirements for Marginal ozone
nonattainment areas under the CAA,
and information on the provisions of
CAA section 179B, entitled
‘‘International Border Areas.’’ We also
provided our analysis of CARB’s
demonstration and the rationale for our
conclusion that Imperial County would
have attained the 2015 ozone NAAQS,
1 The Imperial County nonattainment area for the
2015 ozone standard includes the entire county.
Both the Quechan Tribe of the Fort Yuma Indian
Reservation and the Torres Martinez Desert
Cahuilla Indians have lands within Imperial
County. A precise description of the Imperial
County ozone nonattainment area is contained in 40
CFR 81.305.
2 Ground-level ozone pollution is formed from the
reaction of volatile organic compounds (VOC) and
oxides of nitrogen (NOX) in the presence of
sunlight. On October 26, 2015, the EPA revised the
NAAQS for ozone to establish a new 8-hour ozone
standard. 80 FR 65452. In that action, the EPA
promulgated identical revised primary and
secondary ozone standards designed to protect
public health and welfare that specified an 8-hour
ozone level of 0.070 parts per million (ppm).
Because the 2015 primary and secondary NAAQS
for ozone are identical, for convenience, the EPA
refers to them in the singular as ‘‘the 2015 ozone
NAAQS’’ or as ‘‘the standard.’’
3 87 FR 50030.
VerDate Sep<11>2014
15:48 Oct 19, 2022
Jkt 259001
but for emissions emanating from
Mexico. We stated that, if our proposed
determination were to be finalized, the
EPA’s obligation under CAA section
181(b)(2)(A) to determine whether the
area attained by its attainment date
would not apply and the area would not
be reclassified. The area would remain
designated nonattainment and thus the
State would continue to comply with
applicable requirements for a Marginal
ozone nonattainment area.
Please see our proposed rule for more
information concerning the background
for this action and for a more detailed
discussion of the rationale for our
determination that Imperial County
would have attained the 2015 ozone
NAAQS by the Marginal area attainment
date of August 3, 2021, but for
emissions emanating from Mexico.
II. Public Comment
The public comment period on the
proposed rule opened on August 15,
2022, the date of its publication in the
Federal Register, and closed on
September 14, 2022. We did not receive
any public comments.
III. Final Action
For the reasons discussed in detail in
the proposed rule and summarized
herein, the EPA is taking final action
under CAA section 179B(b) to
determine, consistent with our
evaluation of the ‘‘Imperial County
Clean Air Act Section 179B(b) Analysis
for the 70 ppb 8-Hour Ozone Standard,’’
that the Imperial County nonattainment
area would have attained the 2015
ozone NAAQS by the Marginal area
attainment date of August 3, 2021, but
for emissions emanating from Mexico.
Therefore, the EPA’s obligation under
section 181(b)(2)(A) to determine
whether the area attained by its
attainment date no longer applies. The
area will not be reclassified and will
remain a Marginal nonattainment area.
IV. 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 exempt from review by
the Office of Management and Budget
because it responds to the CAA
requirement to determine whether areas
designated nonattainment for an ozone
NAAQS attained the standard by the
applicable attainment date.
B. Paperwork Reduction Act (PRA)
This rulemaking does not impose any
new information collection burden
under the PRA not already approved by
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Fmt 4700
Sfmt 4700
the Office of Management and Budget.
This action does not contain any
information collection activities and
serves only to make final a
determination that the Imperial County
Marginal nonattainment area would
have attained the 2015 ozone standard
by the August 3, 2021 attainment date
but for international emissions.
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. The determination that the
Imperial County Marginal
nonattainment area would have attained
the 2015 ozone standard by the August
3, 2021 attainment date but for
international emissions does not in and
of itself create any new requirements
beyond what is mandated by the CAA.
Instead, this rulemaking only makes a
factual determination, and does not
directly regulate any entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538 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.
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.
The EPA has identified two tribal
areas located within the Imperial
County nonattainment area, which is
the subject of this action determining
the area would have attained the 2015
ozone NAAQS, but for emissions
emanating from outside the United
States. The EPA invited the Quechan
Tribe of the Fort Yuma Indian
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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Rules and Regulations
Reservation and the Torres Martinez
Desert Cahuilla Indians to engage in
government-to-government consultation
in advance of our proposed action and
communicated with the tribes after the
Agency issued the proposed rule. The
EPA did not receive any requests to
consult on this action.
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 2–202 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)
lotter on DSK11XQN23PROD with RULES1
This rulemaking does not involve
technical standards.
VerDate Sep<11>2014
15:48 Oct 19, 2022
Jkt 259001
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(Feb. 16, 1994)) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. The
EPA’s evaluation of this issue is
contained in the section of the preamble
to the proposed rule titled
‘‘Environmental Justice
Considerations.’’
K. Congressional Review Act (CRA)
This rulemaking is exempt from the
CRA because it is a rulemaking of
particular applicability. The rulemaking
makes factual determinations for
specific entities and does not directly
regulate any entities. The determination
of attainment does not in itself create
any new requirements beyond what is
mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
PO 00000
Frm 00041
Fmt 4700
Sfmt 9990
63703
appropriate circuit by December 19,
2022. Filing a petition for
reconsideration by the Administrator of
this final action 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
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022–22276 Filed 10–19–22; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63701-63703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22276]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2022-0501; FRL-10106-02-R9]
Determination of Attainment by the Attainment Date But for
International Emissions for the 2015 Ozone National Ambient Air Quality
Standard; Imperial County, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or ``Agency'') is
determining that the Imperial County nonattainment area would have
attained the 2015 ozone national ambient air quality standard (NAAQS)
by the August 3, 2021 ``Marginal'' area attainment date, but for
emissions emanating from outside the United States. As a result of this
final action, the Imperial County nonattainment area will no longer be
subject to the Clean Air Act (CAA) requirements pertaining to
reclassification upon failure to attain and therefore will remain
classified as a Marginal nonattainment area for the 2015 ozone NAAQS.
This action discharges the EPA's statutory obligation to determine
whether the Imperial County ozone nonattainment area attained the NAAQS
by the attainment date.
DATES: This final action is effective on November 21, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0501. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3964, or by email at [email protected].
[[Page 63702]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On August 15, 2022, the EPA proposed to determine, based on a
demonstration submitted by the State of California, that the Imperial
County nonattainment area \1\ would have attained the 2015 ozone NAAQS
\2\ by the ``Marginal'' area attainment date of August 3, 2021, but for
emissions emanating from outside of the United States (specifically,
from Mexico), and therefore is not subject to the CAA requirements
pertaining to reclassification upon failure to attain.\3\ This
demonstration, entitled ``Imperial County Clean Air Act Section 179B(b)
Analysis for the 70 ppb 8-Hour Ozone Standard,'' was submitted by the
California Air Resources Board (CARB) on August 16, 2021. CARB
submitted additional information on November 24, 2021. Using several
lines of evidence, CARB evaluated whether, and the extent to which,
ambient ozone levels in Imperial County are affected by emissions
emanating from northern Mexico.
---------------------------------------------------------------------------
\1\ The Imperial County nonattainment area for the 2015 ozone
standard includes the entire county. Both the Quechan Tribe of the
Fort Yuma Indian Reservation and the Torres Martinez Desert Cahuilla
Indians have lands within Imperial County. A precise description of
the Imperial County ozone nonattainment area is contained in 40 CFR
81.305.
\2\ Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the presence of sunlight. On October 26, 2015,
the EPA revised the NAAQS for ozone to establish a new 8-hour ozone
standard. 80 FR 65452. In that action, the EPA promulgated identical
revised primary and secondary ozone standards designed to protect
public health and welfare that specified an 8-hour ozone level of
0.070 parts per million (ppm). Because the 2015 primary and
secondary NAAQS for ozone are identical, for convenience, the EPA
refers to them in the singular as ``the 2015 ozone NAAQS'' or as
``the standard.''
\3\ 87 FR 50030.
---------------------------------------------------------------------------
In our proposed rule, we provided background information on the
ozone standard, area designations and related SIP requirements for
Marginal ozone nonattainment areas under the CAA, and information on
the provisions of CAA section 179B, entitled ``International Border
Areas.'' We also provided our analysis of CARB's demonstration and the
rationale for our conclusion that Imperial County would have attained
the 2015 ozone NAAQS, but for emissions emanating from Mexico. We
stated that, if our proposed determination were to be finalized, the
EPA's obligation under CAA section 181(b)(2)(A) to determine whether
the area attained by its attainment date would not apply and the area
would not be reclassified. The area would remain designated
nonattainment and thus the State would continue to comply with
applicable requirements for a Marginal ozone nonattainment area.
Please see our proposed rule for more information concerning the
background for this action and for a more detailed discussion of the
rationale for our determination that Imperial County would have
attained the 2015 ozone NAAQS by the Marginal area attainment date of
August 3, 2021, but for emissions emanating from Mexico.
II. Public Comment
The public comment period on the proposed rule opened on August 15,
2022, the date of its publication in the Federal Register, and closed
on September 14, 2022. We did not receive any public comments.
III. Final Action
For the reasons discussed in detail in the proposed rule and
summarized herein, the EPA is taking final action under CAA section
179B(b) to determine, consistent with our evaluation of the ``Imperial
County Clean Air Act Section 179B(b) Analysis for the 70 ppb 8-Hour
Ozone Standard,'' that the Imperial County nonattainment area would
have attained the 2015 ozone NAAQS by the Marginal area attainment date
of August 3, 2021, but for emissions emanating from Mexico. Therefore,
the EPA's obligation under section 181(b)(2)(A) to determine whether
the area attained by its attainment date no longer applies. The area
will not be reclassified and will remain a Marginal nonattainment area.
IV. 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 exempt from review by the Office of Management and
Budget because it responds to the CAA requirement to determine whether
areas designated nonattainment for an ozone NAAQS attained the standard
by the applicable attainment date.
B. Paperwork Reduction Act (PRA)
This rulemaking does not impose any new information collection
burden under the PRA not already approved by the Office of Management
and Budget. This action does not contain any information collection
activities and serves only to make final a determination that the
Imperial County Marginal nonattainment area would have attained the
2015 ozone standard by the August 3, 2021 attainment date but for
international emissions.
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. The
determination that the Imperial County Marginal nonattainment area
would have attained the 2015 ozone standard by the August 3, 2021
attainment date but for international emissions does not in and of
itself create any new requirements beyond what is mandated by the CAA.
Instead, this rulemaking only makes a factual determination, and does
not directly regulate any entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 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.
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.
The EPA has identified two tribal areas located within the Imperial
County nonattainment area, which is the subject of this action
determining the area would have attained the 2015 ozone NAAQS, but for
emissions emanating from outside the United States. The EPA invited the
Quechan Tribe of the Fort Yuma Indian
[[Page 63703]]
Reservation and the Torres Martinez Desert Cahuilla Indians to engage
in government-to-government consultation in advance of our proposed
action and communicated with the tribes after the Agency issued the
proposed rule. The EPA did not receive any requests to consult on this
action.
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 2-202 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
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. The EPA's evaluation of this issue is
contained in the section of the preamble to the proposed rule titled
``Environmental Justice Considerations.''
K. Congressional Review Act (CRA)
This rulemaking is exempt from the CRA because it is a rulemaking
of particular applicability. The rulemaking makes factual
determinations for specific entities and does not directly regulate any
entities. The determination of attainment does not in itself create any
new requirements beyond what is mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) 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 December 19, 2022. Filing a
petition for reconsideration by the Administrator of this final action
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 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-22276 Filed 10-19-22; 8:45 am]
BILLING CODE 6560-50-P