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]

Download as PDF 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] BILLING CODE 6560–50–P PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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 PO 00000 Frm 00040 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 E:\FR\FM\20OCR1.SGM 20OCR1 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 E:\FR\FM\20OCR1.SGM 20OCR1

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


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.