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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
2019. The EPA intends to evaluate and act on the Serious area plan and NNSR
SIP submissions for the 2012 PM2.5
NAAQS in the SJV through separate rulemakings, as appropriate.285
In addition, because the EPA is proposing to similarly 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 SJV
PM2.5 nonattainment area as Serious nonattainment for the 2012 PM2.5
standard, consistent with our proposed reclassification of the surrounding nonIndian country lands, the EPA has invited consultation with interested tribes concerning this issue. Although eligible tribes may seek the EPAs approval of relevant tribal programs under the CAA, none of the affected tribes will be required to submit an implementation plan as a result of this reclassification.
We will accept comments from the public on these proposals for the next 30 days. The deadline and instructions for submission of comments are provided in the DATES and ADDRESSES
sections at the beginning of this proposed rule.
IX. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http www.epa.gov/
lawsregulations/laws-and-executiveorders.
A. Executive Order 12866: Regulatory Planning and Review, and Executive Order 13563: Improving Regulation and Regulatory Review The proposed actions are not a significant regulatory action and were therefore not submitted to the Office of Management and Budget OMB for review.

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B. Paperwork Reduction Act PRA
The proposed actions do not impose an information collection burden under the PRA because they do not contain any information collection activities.
C. Regulatory Flexibility Act RFA
I certify that the proposed actions will not have a significant economic impact on a substantial number of small entities under the RFA. The proposed actions will not impose any requirements on small entities. This proposed rule would approve or disapprove State plans as meeting federal requirements and would 285 We are establishing deadlines for submittal of SIP revisions that have already been submitted to timely address any elements that may be withdrawn in the future.

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not impose additional requirements beyond those imposed by State law.
Additionally, the proposed rule would reclassify the SJV nonattainment area as Serious nonattainment for the 2012
PM2.5 NAAQS and would not itself regulate small entities.
D. Unfunded Mandates Reform Act UMRA
The proposed actions do not contain an unfunded mandate of $100 million or more as described in UMRA, and does not significantly or uniquely affect small governments. This proposed rule would approve or disapprove State plans as meeting federal requirements and would not impose additional requirements beyond those imposed by State law.
Additionally, the proposed rule would reclassify the SJV nonattainment area as Serious nonattainment for the 2012
PM2.5 NAAQS and would not itself impose any federal intergovernmental mandate. The proposed actions would not require any tribe to submit implementation plans.
E. Executive Order 13132: Federalism The proposed actions do not have federalism implications. They 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.
F. Executive Order 13175: Coordination With Indian Tribal Governments Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments 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 is defined in 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.
Eight Indian tribes are located within the boundaries of the SJV nonattainment area for the 2012 PM2.5 NAAQS: The Big Sandy Rancheria of Western Mono Indians of California, the Cold Springs Rancheria of Mono Indians of California, the Northfork Rancheria of Mono Indians of California, the Picayune Rancheria of Chukchansi Indians of California, the Santa Rosa Indian Community of the Santa Rosa
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Rancheria, California, the Table Mountain Rancheria, the Tejon Indian Tribe, and the Tule River Indian Tribe of the Tule River Reservation, California.
The EPAs proposed actions on the SIP elements submitted by California to address the Moderate area requirements for the 2012 PM2.5 NAAQS and the contingency measure requirement for the 2006 PM2.5 NAAQS would not have tribal implications because the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed actions on the SIP
submittals do not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175.
The EPA has concluded that the proposed reclassification might have tribal implications for the purposes of Executive Order 13175, but would not impose substantial direct costs upon the tribes, nor would it preempt tribal law.
The proposed reclassification from Moderate to Serious for a PM2.5 NAAQS
would typically affect the EPAs implementation of the new source review program because of the lower major source threshold triggered by reclassification 70 tons per year for direct PM2.5 and precursors to PM2.5.
However, because the SJV
nonattainment area is already classified as Serious for the 1997 and 2006 PM2.5
NAAQS, the lower thresholds already apply within the nonattainment area, and the proposed reclassification from Moderate to Serious for the 2012 PM2.5
NAAQS would have no additional effect. The same is true for any tribal projects 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 would typically become more difficult to obtain because of the lower de minimis thresholds triggered by reclassification but, in this case, the lower de minimis thresholds already apply within the SJV.
Given the potential implications, the EPA contacted tribal officials during the process of developing this proposed rule to provide an opportunity to have meaningful and timely input into its development. On March 3, 2021, we sent letters to leaders of the eight tribes with areas of Indian country in the SJV
nonattainment area inviting government-to-government consultation on the rulemaking effort. We requested that the tribal leaders, or their
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