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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations
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 1a 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 301a and 301d4 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 EPAs 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
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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-togovernment 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 5501 of the Executive Order has the potential to influence the regulation.
Reclassification actions do not involve technical standards and thus, the requirements of section 12d 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..

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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.
8042.
Under section 307b1 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 307b2.
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 81DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:

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

Subpart CSection 107 Attainment Status Designations 2. Section 81.305 is amended by revising the entry for San Diego County, CA in the table titled California2008 8-Hour Ozone NAAQS Primary and Secondary, and by revising the entry for San Diego

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