Proposed Rule2021-16446
Designation of Areas for Air Quality Planning Purposes; California; Eastern Kern, Sacramento Metro, and Western Nevada 2015 Ozone Nonattainment Areas; Reclassification to Serious
Primary source
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Published
August 13, 2021
Issuing agencies
Environmental Protection Agency
Abstract
Under the Clean Air Act (CAA), the Environmental Protection Agency (EPA) is proposing to grant requests by the California Air Resources Board (CARB) to reclassify three nonattainment areas in California from "Moderate" to "Serious" for the 2015 ozone national ambient air quality standards (NAAQS). These three areas are herein referred to as the Eastern Kern, Sacramento Metro, and Western Nevada nonattainment areas. In connection with the reclassification, the EPA is proposing to establish deadlines for submittal of revisions to the Eastern Kern, Sacramento Metro, and Western Nevada portions of the California state implementation plan (SIP) to meet additional requirements for Serious ozone nonattainment areas.
Full Text
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<title>Federal Register, Volume 86 Issue 154 (Friday, August 13, 2021)</title>
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[Federal Register Volume 86, Number 154 (Friday, August 13, 2021)]
[Proposed Rules]
[Pages 44677-44681]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16446]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2021-0426; FRL-8710-03-R9]
Designation of Areas for Air Quality Planning Purposes;
California; Eastern Kern, Sacramento Metro, and Western Nevada 2015
Ozone Nonattainment Areas; Reclassification to Serious
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection
Agency (EPA) is proposing to grant requests by the California Air
Resources Board (CARB) to reclassify three nonattainment areas in
California from ``Moderate'' to ``Serious'' for the 2015 ozone national
ambient air quality standards (NAAQS). These three areas are herein
referred to as the Eastern Kern, Sacramento Metro, and Western Nevada
nonattainment areas. In connection with the reclassification, the EPA
is proposing to establish deadlines for submittal of revisions to the
Eastern Kern, Sacramento Metro, and Western Nevada portions of the
California state implementation plan (SIP) to meet additional
requirements for Serious ozone nonattainment areas.
DATES: Comments must be received on or before September 13, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2021-0426 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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: Ben Leers, Air Planning Office (AIR-
2), EPA Region IX, (415) 947-4279, <a href="/cdn-cgi/l/email-protection#9dd1f8f8efeeb3dff8f3ddf8edfcb3faf2eb"><span class="__cf_email__" data-cfemail="a5e9c0c0d7d68be7c0cbe5c0d5c48bc2cad3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. Serious Area Requirements and Proposed Schedule
A. Serious Area Plan Requirements in General
B. New Source Review and Title V Program Revisions
C. Reasonably Available Control Technology
D. Transportation Control
III. Reclassification of Areas of Indian Country
IV. Proposed Action and Request for Public Comment
V. Statutory and Executive Order Reviews
I. Background
The CAA requires the EPA to establish primary and secondary NAAQS
for certain pervasive pollutants that ``may reasonably be anticipated
to endanger public health and welfare.'' The primary NAAQS is designed
to protect public health with an adequate margin of safety, and the
secondary NAAQS is designed to protect public welfare and the
environment. The EPA has set NAAQS for six common air pollutants,
referred to as criteria pollutants, including ozone. The NAAQS
represent the air quality levels an area must meet to comply with the
CAA. Ozone is a gas composed of three oxygen atoms and is created by
chemical reactions between volatile organic compounds (VOC) and oxides
of nitrogen (NO<INF>X</INF>) in the atmosphere in the presence of
sunlight. Ground-level ozone can harm human health and the environment.
Ozone exposure has been associated with increases in susceptibility to
respiratory infections, medication use by asthmatics, doctor visits,
and emergency department visits and hospital admissions for individuals
with respiratory disease. Ozone exposure may also contribute to
premature death, especially in people with heart and lung disease.
In October 2015, the EPA strengthened the primary and secondary
eight-hour ozone NAAQS from 0.075 parts per million (ppm) to 0.070 ppm
(``2015 ozone NAAQS'').\1\ In accordance with section 107(d) of the
CAA, the EPA must designate an area ``nonattainment'' if it is
violating the NAAQS or if it is contributing to a violation of the
NAAQS in a nearby area. With respect to the ozone NAAQS, the EPA
further classifies nonattainment areas as ``Marginal,'' ``Moderate,''
``Serious,'' ``Severe,'' or ``Extreme,'' depending upon the ozone
design value for an area.\2\ As a general matter, higher classified
ozone nonattainment areas are subject to a greater number of, and more
stringent, CAA planning requirements than lower classified areas but
are allowed more time to demonstrate attainment of the ozone NAAQS.\3\
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\1\ 80 FR 65291 (October 26, 2015).
\2\ See CAA section 181(a)(1). For the 2015 ozone NAAQS, the
design value at each monitoring site is the annual fourth-highest
daily maximum 8-hour average ozone concentration, averaged over
three years. The design value for an area is the highest design
value among the monitoring sites in the area.
\3\ See, generally, subpart 2 of part D of title I of the CAA.
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Effective August 3, 2018, the EPA designated and classified the
Eastern
[[Page 44678]]
Kern,\4\ Sacramento Metro,\5\ and Western Nevada \6\ areas under the
CAA as Moderate nonattainment for the 2015 ozone NAAQS.\7\ The EPA's
classification of these areas as Moderate ozone nonattainment
established a requirement that each area attain the 2015 ozone NAAQS as
expeditiously as practicable, but no later than six years from the date
of designation as nonattainment, i.e., August 3, 2024.\8\
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\4\ Kern County is located in the southernmost portion of
California's Central Valley. The Eastern Kern ozone nonattainment
area, which lies within the Mojave Desert air basin, covers the
eastern portion of Kern County, excluding Indian Wells Valley. The
western portion of Kern County lies within the San Joaquin Valley
air basin and is included within the San Joaquin Valley ozone
nonattainment area. For more detail on the boundaries of the Eastern
Kern ozone nonattainment area, see the entry for ``Kern County
(Eastern Kern), CA'' in the 2015 ozone table in 40 CFR 81.305.
\5\ The Sacramento Metro nonattainment area includes Sacramento
and Yolo Counties, the eastern portion of Solano County, the western
portions of Placer and El Dorado counties outside of the Lake Tahoe
Basin, and the southern portion of Sutter County. For more detail on
the boundaries of the Sacramento Metro ozone nonattainment area, see
the entry for ``Sacramento Metro, CA'' in the 2015 ozone table in 40
CFR 81.305.
\6\ Nevada County is located in the north-central Sierra Nevada
Range and includes portions of Tahoe National Forest. The
easternmost portion of Nevada County is excluded from the Western
Nevada ozone nonattainment area and is designated unclassified or
attainment for the 2015 ozone NAAQS. For more detail on the
boundaries of the Western Nevada ozone nonattainment area, see the
entry for ``Nevada County (Western part), CA'' in the 2015 ozone
table in 40 CFR 81.305.
\7\ 83 FR 25776 (June 4, 2018).
\8\ See 40 CFR 51.1303(a).
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In August 2020, CARB submitted to the EPA a request from the air
districts in the Sacramento Metro area \9\ to voluntarily reclassify
the Sacramento Metro ozone nonattainment area from Moderate to Serious
nonattainment for the 2015 ozone NAAQS.\10\ In May 2021, CARB submitted
to the EPA requests from the Eastern Kern Air Pollution Control
District and the Northern Sierra Air Quality Management District to
voluntarily reclassify the Eastern Kern and Western Nevada ozone
nonattainment areas, respectively, from Moderate to Serious
nonattainment for the 2015 ozone NAAQS.\11\ In this document, we refer
to the air districts in the Sacramento Metro, Eastern Kern, and Western
Nevada nonattainment areas collectively as the ``districts.'' Under the
EPA's ozone implementation rules at 40 CFR 51.1303(b), the EPA must
approve a state's request, for any reason, for a higher classification
for an ozone nonattainment area, in accordance with CAA section
181(b)(3).\12\ We find that the plain language of CAA section 181(b)(3)
and 40 CFR 51.1303(b) mandates that we approve these voluntary
reclassification requests, and thus, the EPA proposes in this action to
grant CARB's request to reclassify the Eastern Kern, Sacramento Metro,
and Western Nevada nonattainment areas from Moderate to Serious for the
2015 ozone NAAQS.
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\9\ The Sacramento Metro area is regulated by five local air
districts: The Sacramento Metropolitan Air Quality Management
District (AQMD), the Feather River AQMD, the El Dorado County AQMD,
the Yolo-Solano AQMD, and the Placer County Air Pollution Control
District.
\10\ Letter dated August 3, 2020, from Richard W. Corey,
Executive Officer, CARB, to John Busterud, Regional Administrator,
EPA Region IX, requesting voluntary reclassification of Sacramento
Metro to Serious nonattainment for the 2015 ozone NAAQS.
\11\ Letters, dated April 30, 2021 and May 15, 2021, from
Richard W. Corey, Executive Officer, CARB, to Deborah Jordan, Acting
Regional Administrator, EPA Region IX, requesting voluntary
reclassification of Western Nevada and Eastern Kern to Serious
nonattainment for the 2015 ozone NAAQS, respectively.
\12\ CAA section 181(b)(3) provides that the EPA shall grant the
request of any state to reclassify an ozone nonattainment area to a
higher classification.
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II. Serious Area Requirements and Proposed Schedule
In this action, we are proposing to reclassify the Eastern Kern,
Sacramento Metro, and Western Nevada nonattainment areas from Moderate
to Serious for the 2015 ozone NAAQS. We are also proposing to establish
a schedule for the State to submit SIP revisions to address the
planning requirements made applicable to each area as a result of its
higher classification, including both the general air quality planning
requirements under CAA section 172(c) and the specific requirements for
Serious areas under CAA section 182(c), as interpreted and described in
the final SIP Requirements Rule for the 2015 ozone NAAQS (``2015 Ozone
SRR'').\13\ Deadlines for the submittal of specific planning elements
are described in Section II of this notice. Upon the effective date of
a final action granting the reclassification, the areas would be
required to attain the 2015 ozone NAAQS as expeditiously as
practicable, but no later than nine years from the effective date of
designation as nonattainment, i.e., no later than August 3, 2027.
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\13\ The EPA promulgated the 2015 Ozone SRR at 40 CFR part 51,
subpart CC.
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A. Serious Area Plan Requirements in General
The 2015 Ozone SRR requires states to submit a SIP revision
including a Serious area attainment demonstration, reasonable further
progress demonstration, reasonably available control measures, and
contingency measures for the 2015 ozone NAAQS no later than four years
from the area's date of designation as nonattainment.\14\ Additionally,
for the Sacramento area, California would be required to certify that
its current motor vehicle inspection and maintenance (I/M) program
meets the requirements for an enhanced I/M program as required by the
CAA and the EPA's I/M regulations.\15\ CARB would also need to either
submit a SIP revision that addresses the CAA's requirements for a clean
fuel vehicle program or certify that that its currently approved
substitute measure continues to meet CAA requirements.\16\ Neither
Eastern Kern nor Western Nevada meet the minimum population-based
applicability thresholds for the enhanced I/M and clean fuel vehicle
program requirements.\17\ We are proposing not to alter the four-year
schedule for submittal of Serious area SIP revisions under the 2015
Ozone SRR. Therefore, following the EPA's final reclassification of
Eastern Kern, Sacramento Metro, and Western Nevada to Serious ozone
nonattainment, CARB would be required to submit a SIP revision
addressing the Serious area elements listed in this section by August
3, 2022 (i.e., four years from the areas' designation as
nonattainment).
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\14\ See CAA section 182(c) and 83 FR 62988. We encourage CARB
and the districts to work with EPA Region IX staff to confirm the
specific planning requirements applicable to each area.
\15\ CAA section 182(c)(3) and 40 CFR part 51 subpart S.
\16\ CAA sections 182(c)(4) and 246(a).
\17\ CAA section 182(c)(3)(A) and 246(a), respectively.
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B. New Source Review and Title V Program Revisions
Typically, when we reclassify an area to a higher ozone
classification, the state must amend its new source review (NSR) rules
for the area to reflect the lower NSR major source threshold, lower
major modification threshold (as applicable), and higher NSR offset
ratio corresponding to the higher classification. Under CAA 182(c), the
major source threshold for areas reclassified from Moderate to Serious
is lowered from 100 tons per year (tpy) to 50 tpy. Under the EPA's NSR
regulations, the significant emissions rates that define major
modifications for NO<INF>X</INF> and VOC in areas reclassified from
Moderate to Serious are lowered from 40 tpy to 25 tpy.\18\ Under CAA
section 182(c)(10), the VOC and NO<INF>X</INF> offset ratios for major
sources and modifications in a Serious nonattainment area must be at
least 1.2 to 1. Reclassification to Serious ozone nonattainment would
typically also
[[Page 44679]]
require changes to the districts' title V operating permits programs
necessary to reflect the change in the major source threshold for
Serious areas.
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\18\ 40 CFR 51.165(a)(1)(x).
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The Eastern Kern and Western Nevada ozone nonattainment areas are
currently classified as Serious for the 2008 ozone NAAQS and therefore
are currently subject to the lower major source and major modification
thresholds and higher offset ratios applicable to Serious ozone
nonattainment areas. The Sacramento Metro nonattainment area is
classified as Severe for the 2008 ozone NAAQS and is therefore subject
to the more stringent major source and major modification thresholds
and offset ratio applicable to Severe ozone nonattainment areas. For
this reason, we anticipate that reclassification to Serious for the
2015 ozone NAAQS will not require the districts to amend their NSR
rules to incorporate the requirements for Serious nonattainment areas
and that the districts may therefore satisfy the applicable NSR
requirements by certifying that their current NSR programs address
Serious area requirements.
We are proposing under our general CAA section 301(a) authority to
establish a deadline of August 3, 2022, for the State to submit, for
each area, revised NSR rules or a certification that the area's current
NSR program is sufficient to meet the applicable requirements. We are
also proposing under CAA section 301(a) to establish a deadline of
August 3, 2022, for each area to submit revised title V program rules
reflecting the Serious area major source definition. Given the narrow
scope of the required revisions, we anticipate a deadline of August 3,
2022, will allow the districts sufficient time to make the required
changes without imposing a lengthy delay in the requirement for sources
newly subject to the title V program to submit a timely
application.\19\ Additionally, this date is the same as the submittal
due date for other Serious area elements and will allow the districts
to submit any NSR and title V revisions together with these other
elements.
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\19\ A source newly subject to the title V permit program is
required to submit a title V application within 12 months after the
source becomes subject to the program. See 40 CFR 70.5(a)(1)(i).
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C. Reasonably Available Control Technology
Ozone nonattainment areas classified as Moderate and above are
required to implement reasonably available control technology (RACT)
for major sources.\20\ Major sources are defined for Moderate areas as
sources that emit or have the potential to emit 100 tpy of VOC or
NO<INF>X</INF>.\21\ For Serious areas reclassified from Moderate, the
requirement for RACT expands to include all sources that emit, or have
the potential to emit, 50 tpy of VOC or NO<INF>X</INF>.\22\ Thus,
following reclassification from Moderate to Serious, states must revise
their RACT SIPs to include those other sources emitting or having the
potential to emit between 50 and 100 tpy. Under 40 CFR
51.1312(a)(2)(ii), RACT SIP submittals are due 24 months from the
effective date of reclassification or a deadline otherwise established
by the EPA in the reclassification action. Under 40 CFR
51.1312(a)(3)(ii), RACT requirements triggered by reclassification
should be implemented as expeditiously as practicable, but no later
than the start of the attainment year ozone season associated with the
area's new attainment deadline, or January 1 of the third year after
the associated SIP revision submittal deadline, whichever is earlier;
or by a deadline otherwise established by the EPA.
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\20\ CAA sections 182(b)(2) and 182(f).
\21\ CAA section 302(j).
\22\ CAA sections 182(c) and 182(f).
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Consistent with 40 CFR 51.1312(a)(2)(ii), we are proposing to
establish a deadline of 24 months from the effective date of
reclassification to Serious for Eastern Kern, Sacramento Metro, and
Western Nevada to submit a Serious area RACT SIP. Consistent with 40
CFR 51.1312(a)(3)(ii), we are 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 (i.e., January 1, 2027, as
proposed) \23\ or January 1 of the third year after the affected areas'
Serious area RACT SIP submittal deadline,\24\ whichever is earlier.
Eastern Kern, Sacramento Metro, and Western Nevada each remain subject
to the Moderate area RACT implementation deadline of January 1, 2023,
under 40 CFR 51.1312(a)(3)(i).
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\23\ Because ozone nonattainment areas in California have a
year-round ozone season, the start of the attainment year ozone
season associated with each area's new attainment date would be
January 1, 2027.
\24\ If the EPA issues a final reclassification action that is
effective in calendar year 2021, January 1 of the third year after
the RACT SIP submittal deadline would be January 1, 2026.
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D. Transportation Control
CAA section 182(c)(5) requires ozone nonattainment areas that are
classified as Serious to submit a demonstration as to whether current
aggregate vehicle mileage, aggregate vehicle emissions, congestion
levels, and other relevant parameters are consistent with those used
for the area's demonstration of attainment. The CAA requires the first
report to be submitted 6 years after November 15, 1990, which is two
years after the deadline for Serious area attainment demonstrations,
and every three years thereafter.\25\ Consistent with this schedule, we
are proposing that the first report be submitted 24 months after the
attainment demonstrations for these areas are due (i.e., August 3,
2024) and every three years thereafter. If a demonstration shows that
such parameters and emissions levels exceed the levels projected for
purposes of the area's attainment demonstration, the State would be
required to develop and submit a SIP revision within 18 months that
includes transportation control measures to reduce emissions to levels
that are consistent with those projected in the demonstration.\26\
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\25\ CAA section 182(c)(2).
\26\ CAA section 182(c)(5).
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III. Reclassification of Areas of Indian Country
Because the State of California does not have jurisdiction over
Indian country geographically located within the borders of the state,
CARB's reclassification requests do not apply to the areas of Indian
country within the boundaries of the nonattainment areas identified in
40 CFR 81.305. In these areas of Indian country, the EPA implements
federal CAA programs, including reclassifications, consistent with our
discretionary authority under sections 301(a) and 301(d)(4) of the CAA.
There are no tribal lands located within the boundaries of the Eastern
Kern and Western Nevada ozone nonattainment areas. The Sacramento Metro
ozone nonattainment area includes lands of four federally recognized
tribes: The Shingle Springs Band of Miwok Indians, Shingle Springs
Rancheria (Verona Tract); the United Auburn Indian Community of the
Auburn Rancheria of California; the Wilton Rancheria; and the Yocha
Dehe Wintun Nation.
The EPA contacted tribal officials from each of the federally
recognized tribes having jurisdiction over lands within the boundaries
of the Sacramento Metro ozone nonattainment area to invite government-
to-government consultation on this rulemaking. Under the EPA's
Consultation Policy, the EPA consults on a government-to-government
basis with federally recognized tribal governments when the EPA's
actions and decisions may affect tribal interests.
[[Page 44680]]
No tribes requested government-to-government 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
non-Indian 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 State's
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 EPA's discretionary authority under
sections 301(a) and 301(d)(4) 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 the 1997 and 2008 ozone NAAQS. An area's
applicable major source thresholds and offset ratios for NSR and title
V programs are based on the area's 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 EPA's 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 State's 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 181(b)(3), we are proposing to grant CARB's
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 EPA's proposed schedule, California 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 181(b)(3) 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
[[Page 44681]]
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and that this
proposed 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
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'' is defined in Executive Order 13175 to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the federal government and
Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes.'' Four Indian tribes
have areas of Indian country located within the boundaries of the
Sacramento Metro ozone nonattainment area, and there are no areas of
Indian country located in the Eastern Kern and Western Nevada ozone
nonattainment areas. The EPA implements federal CAA programs, including
reclassifications, in these areas of Indian country within the
boundaries of the Sacramento Metro area, consistent with our
discretionary authority under sections 301(a) and 301(d)(4) of the CAA.
The EPA has concluded that this proposed rule 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. As discussed in Section III of this document, this proposed
rule does not affect the implementation of NSR or title V programs in
these areas of Indian country, nor does it affect projects proposed in
these areas of Indian country that require federal permits, approvals,
or funding under the EPA's general conformity rule. None of the
affected tribes would be required to submit an implementation plan as a
result of this reclassification.
The EPA contacted tribal officials early in the process of
developing this 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 four tribal governments representing
the 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. No tribes
requested government-to-government consultation on this action.
Executive Order 12898 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 reclassification action does not provide the EPA
with the discretionary authority to address disproportionate human
health or environmental effects with practical, appropriate, and
legally permissible methods under Executive Order 12898.
This proposed 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 proposed action does not alter the relationship
or the distribution of power and responsibilities established in the
CAA.
This proposed 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 Executive Order 13045 has the potential to influence
the regulation.
As this proposal would set a deadline for the submittal of CAA
required plans and information, 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 proposed 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.).
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental
relations, National parks, Ozone, Wilderness areas.
Dated: July 13, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-16446 Filed 8-12-21; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.