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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations No. EPAR09OAR20210148. 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 nguyen.thien@
epa.gov.
Table of Contents I. Summary of the Proposed Action II. Public Comments and EPA Responses III. Final Action IV. Statutory and Executive Order Reviews
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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
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 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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NAAQS and August 3, 2028, for the 2015 ozone NAAQS pursuant to the EPAs 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
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 EPAs 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.
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.
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.
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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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 181b3 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. 1044, because the EPA is
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