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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Proposed Rules
No tribes requested government-togovernment consultation on this action.
We have considered the relevance of our proposal to reclassify the Sacramento Metro area as Serious nonattainment for the 2015 ozone NAAQS for each tribe located within the Sacramento Metro area. We believe that the same facts and circumstances that support the proposal for the nonIndian country lands also support the proposal for reservation areas of Indian country and any other areas of Indian country where the EPA or a tribe has demonstrated that the tribe has jurisdiction located within the Sacramento Metro area. In this particular case, the States reclassification request is based on modeling results that show that a longer timeframe is necessary to attain the 2015 ozone NAAQS for the Sacramento Metro area. The longer timeframes will provide the time necessary to realize full implementation of the stationary and mobile source regulations contained in the districts attainment plans.
Additionally, uniformity of classification throughout a nonattainment area is a guiding principle and premise when an area is being reclassified. Ozone and ozone precursors are pervasive pollutants that can be transported throughout a nonattainment area. Therefore, boundaries for nonattainment areas are drawn to encompass both areas with direct sources of pollution as well as nearby areas in the same airshed in which ozone can be transported. Each nonattainment area is assigned an initial classification that applies consistently within the boundaries of the area. The EPA believes this approach best ensures public health protection from the adverse effects of ozone pollution.
Therefore, it is generally counterproductive from an air quality and planning perspective to have a different classification for a land area located within the boundaries of a nonattainment area, such as the areas of Indian country in the Sacramento Metro ozone nonattainment area. Accordingly, based on the EPAs discretionary authority under sections 301a and 301d4 of the CAA to implement federal CAA programs in these areas of Indian country, including reclassifications, the EPA is proposing to reclassify areas of Indian country geographically located in the Sacramento Metro area to Serious nonattainment for the 2015 ozone NAAQS.
The Sacramento Metro area and the tribes located within its boundaries are currently designated as Severe, i.e., one classification higher than Serious, for
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the 1997 and 2008 ozone NAAQS. An areas applicable major source thresholds and offset ratios for NSR and title V programs are based on the areas highest ozone classification. Because these areas of Indian country are already classified as a higher classification for the 1997 and 2008 ozone NAAQS, the major source thresholds and offset ratios for NSR and title V programs applicable to the tribes in the Sacramento Metro area will not change. This reclassification also will not affect projects proposed in these areas of Indian country that require federal permits, approvals, or funding under the EPAs general conformity rule because such projects are already subject to the de minimis thresholds and offset ratios for Severe ozone nonattainment areas.
We note that, while eligible tribes may seek EPA approval of relevant tribal programs under the CAA, none of the affected tribes would be required to submit an implementation plan as a result of this reclassification.
In light of the considerations outlined in this notice that support retention of a uniformly-classified ozone nonattainment area and our proposal to approve the States voluntary reclassification request, we propose to reclassify the entire Sacramento Metro nonattainment area, including reservation areas of Indian country and any other area of Indian country located within it where the EPA or a tribe has demonstrated that the tribe has jurisdiction, as Serious nonattainment for the 2015 ozone NAAQS. The EPA
specifically solicits additional comment on this proposed rule from tribal officials.
IV. Proposed Action and Request for Public Comment Pursuant to CAA section 181b3, we are proposing to grant CARBs request to reclassify the Eastern Kern, Sacramento Metro, and Western Nevada ozone nonattainment areas from Moderate to Serious for the 2015 ozone NAAQS. As described in Section III of this notice, our proposal to reclassify Sacramento Metro to Serious for the 2015 ozone NAAQS includes reservation areas of Indian country and any other area of Indian country located within it where the EPA or a tribe has demonstrated that the tribe has jurisdiction.
As described in Section II of this document, the EPA is proposing a schedule for the State and districts to submit SIP revisions addressing Serious area requirements and to submit revisions to the title V operating permit rules for Eastern Kern, Sacramento Metro, and Western Nevada. Under the EPAs proposed schedule, California
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would be required to submit SIP
revisions addressing Serious area requirements for the affected areas, including an attainment demonstration, reasonable further progress demonstration, reasonably available control measures, contingency measures, motor vehicle I/M program, and clean fuel vehicle program, as applicable, by August 3, 2022. Submittal of any corresponding revisions to NSR
and title V program rules that apply in the affected areas would also be due by August 3, 2022. A SIP revision including Serious area RACT rules for the affected areas would be due 24
months from the effective date of the reclassification. Lastly, the EPA is proposing a deadline for implementation of Serious area RACT
rules as expeditiously as practicable but no later than the start of the attainment year ozone season associated with the affected areas new attainment date or January 1 of the third year after the affected areas Serious area RACT SIP
submittal deadline, whichever is earlier.
We will accept comments from the public on this proposed rule 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 preamble.
V. Statutory and Executive Order Reviews Under Executive Orders 12866 58 FR
51735, October 4, 1993 and 13563 76
FR 3821, January 21, 2011, this proposed 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 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. For these reasons, this proposed 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 proposed rule will not have a significant economic impact on a substantial number of small entities under the
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