[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Rules and Regulations]
[Pages 29522-29526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11524]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2021-0148; FRL-10024-30-Region 9]


Designation of Areas for Air Quality Planning Purposes; 
California; San Diego County Ozone Nonattainment Area; Reclassification 
to Severe

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act (CAA or ``Act''), the Environmental 
Protection Agency (EPA) is taking final action to approve a request 
from the State of California to reclassify the San Diego County ozone 
nonattainment area from ``Serious'' to ``Severe'' for the 2008 ozone 
National Ambient Air Quality Standards (NAAQS) and from ``Moderate'' to 
``Severe'' for the 2015 ozone NAAQS. The EPA is also finalizing our 
action to reclassify in the same manner as state land, reservation 
areas of Indian country and any other area of Indian country within it 
where the EPA or a tribe has demonstrated that the tribe has 
jurisdiction located within the boundaries of the San Diego County 
ozone nonattainment area. The new applicable attainment dates for the 
San Diego County ozone nonattainment area are as expeditious as 
practicable but no later than July 20, 2027, for the 2008 ozone NAAQS, 
and August 3, 2033, for the 2015 ozone NAAQS. With respect to Severe 
state implementation plan (SIP) element submittal dates that have 
passed, the EPA is approving a deadline of no later than 12 months from 
the effective date of this rule for submittal of revisions to the San 
Diego County portion of the California SIP to meet additional 
requirements for Severe ozone nonattainment areas to the extent that 
such revisions have not already been submitted.

DATES: This rule is effective on July 2, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID

[[Page 29523]]

No. EPA-R09-OAR-2021-0148. 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. If you need assistance in a language other than English or 
if you are a person with disabilities who needs a reasonable 
accommodation at no cost to you, please contact the person identified 
in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: T. Khoi Nguyen, Air Planning Office 
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, 
(415) 947-4120, or by email at [email protected].

Table of Contents

I. Summary of the Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of the Proposed Action

    On April 8, 2021, the EPA proposed to grant a request by the 
California Air Resources Board (CARB) to voluntarily reclassify the San 
Diego County nonattainment area from Serious to Severe \1\ for the 2008 
ozone NAAQS and from Moderate to Severe for the 2015 ozone NAAQS.\2\
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    \1\ Throughout this document and in our proposed rule, we use 
the term ``Severe'' to refer to Severe areas that have up to 15 
years to attain the ozone standards. The ozone area designation 
tables in 40 CFR part 81 specify ``Severe-15'' to distinguish such 
areas from ``Severe-17'' areas, which are Severe areas that have up 
to 17 years to attain the ozone standards.
    \2\ 86 FR 18227 (April 8, 2021).
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    With respect to Severe SIP element submittal dates that have 
passed, the EPA also proposed to establish a deadline of no later than 
12 months from the effective date of reclassification for submittal of 
revisions to the San Diego County portion of the California SIP to meet 
additional requirements for Severe ozone nonattainment areas to the 
extent that such revisions have not already been submitted. With 
respect to the section 185 fee program, upon reclassification to 
Severe, we indicated that the deadline for submittal would be July 20, 
2022, for the 2008 ozone NAAQS and August 3, 2028, for the 2015 ozone 
NAAQS pursuant to the EPA's SIP Requirements Rules (SRR) for the 2008 
and 2015 ozone NAAQS.\3\ Upon reclassification, we noted that the new 
attainment dates for the San Diego County ozone nonattainment area 
would be as expeditiously as practicable, but no later than July 20, 
2027, for the 2008 ozone NAAQS and August 3, 2033, for the 2015 ozone 
NAAQS. Further, as indicated in our proposed notice, the reformulated 
gasoline requirement will continue to apply within San Diego County 
upon reclassification to Severe.\4\
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    \3\ The EPA promulgated the SRR for the 2008 and 2015 ozone 
NAAQS at 40 CFR part 52, subpart AA and subpart CC, respectively.
    \4\ 86 FR 18227, 18229.
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    In addition, the EPA also proposed to reclassify reservation areas 
of Indian country and any other area of Indian country where the EPA or 
a tribe has demonstrated that the tribe has jurisdiction within the San 
Diego County nonattainment area as Severe nonattainment for the 2008 
and 2015 ozone NAAQS.\5\ Although eligible tribes may seek the EPA's 
approval of relevant tribal programs under the CAA, we noted that none 
of the affected tribes would be required to submit an implementation 
plan as a result of this reclassification.
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    \5\ The tribes are identified in 40 CFR 81.305 and 86 FR 18227, 
18229: Barona Group of Capitan Grande of Mission Indians of the 
Barona Reservation, Campo Band of Diegueno Mission Indians of the 
Campo Indian Reservation, Capitan Grande Band of Diegueno Mission 
Indians of California, Ewiiaapaayp Band of Kumeyaay Indians, Iipay 
Nation of Santa Ysabel, Inaja Band of Diegueno Mission Indians of 
the Inaja and Cosmit Reservation, Jamul Indian Village of 
California, La Jolla Band of Luiseno Indians, La Posta Band of 
Diegueno Mission Indians of the La Posta Indian Reservation, Los 
Coyotes Band of Cahuilla and Cupeno Indians, Manzanita Band of 
Diegueno Mission Indians of the Manzanita Reservation, Mesa Grande 
Band of Diegueno Mission Indians of the Mesa Grande Reservation, 
Pala Band of Mission Indians, Pauma Band of Luiseno Mission Indians 
of the Pauma and Yuima Reservation, Rincon Band of Luiseno Mission 
Indians of the Rincon Reservation, San Pasqual Band of Diegueno 
Mission Indians of California, Sycuan Band of the Kumeyaay Nation, 
and Viejas (Baron Long) Group of Capitan Grande Band of Mission 
Indians of the Viejas Reservation.
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    Please see our April 8, 2021 proposed rule for additional 
background and a more detailed explanation of our proposed action.

II. Public Comments and EPA Responses

    The public comment period on the proposed rule opened on April 8, 
2021, the date of its publication in the Federal Register, and closed 
on May 10, 2021. During this period, the EPA did not receive any 
comments on our proposed action.

III. Final Action

    For the reasons discussed in detail in the proposed rule and 
summarized herein, the EPA is approving the request by CARB to 
reclassify the San Diego County ozone nonattainment area to Severe for 
the 2008 and 2015 ozone NAAQS. The EPA is also reclassifying 
reservation areas of Indian country, and any other area of Indian 
country within it where the EPA or a tribe has demonstrated that the 
tribe has jurisdiction, located within the boundaries of the San Diego 
County ozone nonattainment area consistent with the reclassification of 
state lands (i.e., to Severe). Lastly, the EPA is setting a deadline 
for submittal of SIP revisions to address the Severe area requirements 
for San Diego County, to the extent that such revisions have not 
already been submitted, of no later than one year from the effective 
date of this rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
final action is not a ``significant regulatory action'' and therefore 
is not subject to Executive Order 12866. With respect to lands under 
state jurisdiction, voluntary reclassifications under CAA section 
181(b)(3) of the CAA are based solely upon requests by the state, and 
the EPA is required under the CAA to grant them. These actions do not, 
in and of themselves, impose any new requirements on any sectors of the 
economy. In addition, because the statutory requirements are clearly 
defined with respect to the differently classified areas, and because 
those requirements are automatically triggered by reclassification, 
reclassification does not impose a materially adverse impact under 
Executive Order 12866. With respect to Indian country, 
reclassifications do not establish deadlines for air quality plans or 
plan revisions. For these reasons, this final action is also not 
subject to Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001).
    In addition, I certify that this final rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and that 
this final rule does not contain any unfunded mandate or significantly 
or uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4), because the EPA is

[[Page 29524]]

required to grant requests by states for voluntary reclassifications 
and such reclassifications in and of themselves do not impose any 
federal intergovernmental mandate, and because tribes are not subject 
to implementation plan submittal deadlines that apply to states as a 
result of reclassifications.
    Executive Order 13175 (65 FR 67249, November 9, 2000) requires the 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' ``Policies that have tribal 
Implications'' are defined in section 1(a) of the Executive Order to 
include regulations that have ``substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and the Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.'' 
Several Indian tribes have areas of Indian country located within the 
boundary of the San Diego County ozone nonattainment areas.
    The EPA implements federal CAA programs, including 
reclassifications, in these areas of Indian country consistent with our 
discretionary authority under sections 301(a) and 301(d)(4) of the CAA. 
The EPA has concluded that this final rule might have tribal 
implications for the purposes of E.O. 13175 but would not impose 
substantial direct costs upon the tribes, nor would it preempt tribal 
law. This final rule does affect implementation of new source review 
for new or modified major stationary sources proposed to be located in 
the areas of Indian country that are being reclassified, and might 
affect projects proposed in these areas that require federal permits, 
approvals, or funding. Such projects are subject to the requirements of 
the EPA's general conformity rule, and federal permits, approvals, or 
funding for the projects may be more difficult to obtain because of the 
lower de minimis thresholds triggered by reclassification.
    Given the potential implications, the EPA contacted tribal 
officials early in the process of developing our proposed rule to 
provide an opportunity to have meaningful and timely input into its 
development. On December 11, 2020, we sent letters to leaders of the 17 
tribal governments representing 18 areas of Indian country in the 
nonattainment area offering government-to-government consultation and 
seeking input on how we could best communicate with the tribes on this 
rulemaking effort. On January 12, 2021, we received a response from one 
tribe requesting a webinar on this matter on behalf of a few tribes. We 
held this informational webinar on January 22, 2021. Additionally, we 
received responses from three tribes requesting formal government-to-
government consultation. The consultation letters and the information 
and notes from the webinar and the three government-to-government 
consultations are included in the docket for this action. The EPA has 
carefully considered the views expressed by the tribes.
    Executive Order 12898 (59 FR 7629, February 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. This final reclassification action 
relates to ozone, a pollutant that is regional in nature, and is not 
the type of action that could result in the types of local impacts 
addressed in Executive Order 12898.
    This final action also does not have federalism implications 
because it does not have substantial direct effects on the states, on 
the relationship between the national government and the states, nor on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This final action does not alter the relationship, or 
the distribution of power and responsibilities established in the CAA.
    This final rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because the EPA interprets 
Executive Order 13045 as applying only to those regulatory actions that 
concern health or safety risks, such that the analysis required under 
section 5-501 of the Executive Order has the potential to influence the 
regulation.
    Reclassification actions do not involve technical standards and 
thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This final rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    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. 
804(2).
    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 August 2, 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 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, National parks, Ozone, Wilderness areas.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: May 24, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends 40 CFR part 
81 as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

0
2. Section 81.305 is amended by revising the entry for ``San Diego 
County, CA'' in the table titled ``California--2008 8-Hour Ozone NAAQS 
[Primary and Secondary],'' and by revising the entry for ``San Diego

[[Page 29525]]

County, CA'' in the table titled ``California--2015 8-Hour Ozone NAAQS 
[Primary and Secondary]'' to read as follows:


Sec.  81.305   California.

* * * * *

                                       California--2008 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
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                                                   Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                            Date 1              Type              Date 1              Type
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                                                  * * * * * * *
San Diego County, CA                  .................  Nonattainment....  July 2, 2021.....  Severe-15.
    San Diego County:
        Barona Group of Capitan
         Grande Band of Mission
         Indians of the Barona
         Reservation. 3
        Campo Band of Diegueno
         Mission Indians of the
         Campo Indian Reservation. 3
        Capitan Grande Band of
         Diegueno Mission Indians of
         California. 3
        Ewiiaapaayp Band of Kumeyaay
         Indians. 3
        Iipay Nation of Santa
         Ysabel. 3
        Inaja Band of Diegueno
         Mission Indians of the
         Inaja and Cosmit
         Reservation. 3
        Jamul Indian Village of
         California. 3
        La Jolla Band of Luiseno
         Indians. 3
        La Posta Band of Diegueno
         Mission Indians of the La
         Posta Indian Reservation. 3
        Los Coyotes Band of Cahuilla
         and Cupeno Indians. 3
        Manzanita Band of Diegueno
         Mission Indians of the
         Manzanita Reservation. 3
        Mesa Grande Band of Diegueno
         Mission Indians of the Mesa
         Grande Reservation. 3
        Pala Band of Luiseno Mission
         Indians of the Pala
         Reservation. 3
        Pauma Band of Luiseno
         Mission Indians of the
         Pauma and Yuima
         Reservation. 3
        Rincon Band of Luiseno
         Mission Indians of the
         Rincon Reservation. 3
        San Pasqual Band of Diegueno
         Mission Indians of
         California. 3
        Sycuan Band of the Kumeyaay
         Nation. 3
        Viejas (Baron Long) Group of
         Capitan Grande Band of
         Mission Indians. 3
 
                                                  * * * * * * *
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1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
3 Includes Indian country of the tribe listed in this table located in the identified area. Information
  pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
  EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
  establish Indian country land status, and is making no determination of Indian country boundaries, in this
  table.

* * * * *

                                       California--2015 8-Hour Ozone NAAQS
                                             [Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
                                                   Designation                         Classification
          Designated area 1          ---------------------------------------------------------------------------
                                            Date 2              Type              Date 2              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
San Diego County, CA 2                .................  Nonattainment....  July 2, 2021.....  Severe-15.
    San Diego County: 2
        Barona Group of Capitan
         Grande Band of Mission
         Indians of the Barona
         Reservation.
        Campo Band of Diegueno
         Mission Indians of the
         Campo Indian Reservation.
        Capitan Grande Band of
         Diegueno Mission Indians of
         California.
        Ewiiaapaayp Band of Kumeyaay
         Indians.
        Iipay Nation of Santa
         Ysabel.

[[Page 29526]]

 
        Inaja Band of Diegueno
         Mission Indians of the
         Inaja and Cosmit
         Reservation.
        Jamul Indian Village of
         California.
        La Jolla Band of Luiseno
         Indians.
        La Posta Band of Diegueno
         Mission Indians of the La
         Posta Indian Reservation.
        Los Coyotes Band of Cahuilla
         and Cupeno Indians.
        Manzanita Band of Diegueno
         Mission Indians of the
         Manzanita Reservation.
        Mesa Grande Band of Diegueno
         Mission Indians of the Mesa
         Grande Reservation.
        Pala Band of Luiseno Mission
         Indians of the Pala
         Reservation.
        Pauma Band of Luiseno
         Mission Indians of the
         Pauma and Yuima
         Reservation.
        Rincon Band of Luiseno
         Mission Indians of the
         Rincon Reservation.
        San Pasqual Band of Diegueno
         Mission Indians of
         California.
        Sycuan Band of the Kumeyaay
         Nation.
        Viejas (Baron Long) Group of
         Capitan Grande Band of
         Mission Indians.
 
                                                  * * * * * * *
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1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
  boundaries of any area of Indian country in this table, including any area of Indian country located in the
  larger designation area. The inclusion of any Indian country in the designation area is not a determination
  that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.

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[FR Doc. 2021-11524 Filed 6-1-21; 8:45 am]
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