Designation of Areas for Air Quality Planning Purposes; California; San Diego County Ozone Nonattainment Area; Reclassification to Severe, 29522-29526 [2021-11524]
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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. 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. 804(2).
Under section 307(b)(1) 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
307(b)(2).)
Dated: May 24, 2021.
Deborah Szaro,
Acting Regional Administrator, EPA Region
1.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Subpart U—Maine
2. In § 52.1020(c), amend the table by
revising the entry ‘‘Chapter 119’’; and by
adding new State citation for ‘‘38 M.R.S.
§ 585–N as amended by Public Law
2019, c. 55, § 1’’ at the end of the table
to read as follows:
■
§ 52.1020
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MAINE REGULATIONS
State citation
*
Chapter 119 ...............
Title/subject
State effective date
*
Motor Vehicle Fuel
Volatility Limit.
*
*
38 M.R.S. § 585–N as Reformulated gasoline
amended by Public
Law 2019, c. 55, § 1.
[FR Doc. 2021–11320 Filed 6–1–21; 8:45 a.m.]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
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[EPA–R09–OAR–2021–0148; FRL–10024–
30–Region 9]
Designation of Areas for Air Quality
Planning Purposes; California; San
Diego County Ozone Nonattainment
Area; Reclassification to Severe
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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EPA approval date
and citation 1
Explanations
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July 15, 2015 ............. June 2, 2021 [Insert
Federal Register
citation].
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Removes references from the SIP for the requirement to sell reformulated gasoline in
York,
Cumberland,
Sagadahoc,
Androscoggin, Kennebec, Knox and Lincoln counties.
*
*
*
November 1, 2020 ..... June 2, 2021 [Insert
Federal Register
citation].
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Repeals the section of the statute which requires retailers in York, Cumberland,
Sagadahoc, Androscoggin, Kennebec,
Knox and Lincoln counties in Maine to
only sell reformulated gasoline.
Under the Clean Air Act
(CAA or ‘‘Act’’), the Environmental
Protection Agency (EPA) is taking final
action to approve a request from the
State of California to reclassify the San
Diego County ozone nonattainment area
from ‘‘Serious’’ to ‘‘Severe’’ for the 2008
ozone National Ambient Air Quality
Standards (NAAQS) and from
‘‘Moderate’’ to ‘‘Severe’’ for the 2015
ozone NAAQS. The EPA is also
finalizing our action to reclassify in the
same manner as state land, 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. The new
applicable attainment dates for the San
Diego County ozone nonattainment area
are as expeditious as practicable but no
later than July 20, 2027, for the 2008
ozone NAAQS, and August 3, 2033, for
the 2015 ozone NAAQS. With respect to
Severe state implementation plan (SIP)
element submittal dates that have
passed, the EPA is approving a deadline
of no later than 12 months from the
effective date of this rule 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.
DATES: This rule is effective on July 2,
2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
SUMMARY:
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations
No. EPA–R09–OAR–2021–0148. 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
EPA’s 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 EPA’s 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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29523
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
181(b)(3) 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. 104–4), because the EPA is
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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 1(a)
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 301(a) and 301(d)(4) 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 EPA’s 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 5–501 of the Executive
Order has the potential to influence the
regulation.
Reclassification actions do not
involve technical standards and thus,
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 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.
804(2).
Under section 307(b)(1) 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
307(b)(2).)
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 81—DESIGNATION 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 C—Section 107 Attainment
Status Designations
2. Section 81.305 is amended by
revising the entry for ‘‘San Diego
County, CA’’ in the table titled
‘‘California—2008 8-Hour Ozone
NAAQS [Primary and Secondary],’’ and
by revising the entry for ‘‘San Diego
■
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Federal Register / Vol. 86, No. 104 / Wednesday, June 2, 2021 / Rules and Regulations
County, CA’’ in the table titled
‘‘California—2015 8-Hour Ozone
§ 81.305
NAAQS [Primary and Secondary]’’ to
read as follows:
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California.
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CALIFORNIA—2008 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
Designated area
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*
*
San Diego County, CA
San Diego County:
Barona Group of Capitan Grande Band of Mission Indians
of the Barona Reservation. 3
Campo Band of Diegueno Mission Indians of the Campo
Indian Reservation. 3
Capitan Grande Band of Diegueno Mission Indians of
California. 3
Ewiiaapaayp Band of Kumeyaay Indians. 3
Iipay Nation of Santa Ysabel. 3
Inaja Band of Diegueno Mission Indians of the Inaja and
Cosmit Reservation. 3
Jamul Indian Village of California. 3
La Jolla Band of Luiseno Indians. 3
La Posta Band of Diegueno Mission Indians of the La
Posta Indian Reservation. 3
Los Coyotes Band of Cahuilla and Cupeno Indians. 3
Manzanita Band of Diegueno Mission Indians of the
Manzanita Reservation. 3
Mesa Grande Band of Diegueno Mission Indians of the
Mesa Grande Reservation. 3
Pala Band of Luiseno Mission Indians of the Pala Reservation. 3
Pauma Band of Luiseno Mission Indians of the Pauma
and Yuima Reservation. 3
Rincon Band of Luiseno Mission Indians of the Rincon
Reservation. 3
San Pasqual Band of Diegueno Mission Indians of California. 3
Sycuan Band of the Kumeyaay Nation. 3
Viejas (Baron Long) Group of Capitan Grande Band of
Mission Indians. 3
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Date 1
Type
Date 1
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Nonattainment ..
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July 2, 2021 ......
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Type
*
Severe-15.
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1 This
date is July 20, 2012, unless otherwise noted.
Indian country located in each area, unless otherwise noted.
Indian country of the tribe listed in this table located in the identified area. Information pertaining to areas of Indian country in this
table is intended for CAA planning purposes only and is not an EPA determination of Indian country status or any Indian country boundary. EPA
lacks the authority to establish Indian country land status, and is making no determination of Indian country boundaries, in this table.
2 Excludes
3 Includes
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CALIFORNIA—2015 8-HOUR OZONE NAAQS
[Primary and Secondary]
Designation
Classification
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Designated area 1
*
*
*
San Diego County, CA 2
San Diego County: 2
Barona Group of Capitan Grande Band 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.
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Date 2
Type
Date 2
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Nonattainment ..
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July 2, 2021 ......
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Severe-15.
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CALIFORNIA—2015 8-HOUR OZONE NAAQS—Continued
[Primary and Secondary]
Designation
Classification
Designated area 1
Date 2
Date 2
Type
Type
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 Luiseno Mission Indians of the Pala Reservation.
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.
Viejas (Baron Long) Group of Capitan Grande Band of
Mission Indians.
*
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*
*
*
*
*
1 Includes
any Indian country in each county or area, unless otherwise specified. EPA is not determining the boundaries of any area of Indian
country in this table, including any area of Indian country located in the larger designation area. The inclusion of any Indian country in the designation area is not a determination that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
*
*
*
*
*
2. On page 28286, in the table entitled
‘‘ALTERNATIVE TESTING METHODS
FOR CONTAMINANTS LISTED AT 40
CFR 141.24 (e)(1)’’, in the first column
entitled ‘‘Contaminant’’, the twentyfourth line, ‘‘. . . . . . . . . . . . .’’
should read, ‘‘Alachlor.’’
■ 3. On page 28286, in the table entitled
‘‘ALTERNATIVE TESTING METHODS
FOR CONTAMINANTS LISTED AT 40
CFR 141.24 (e)(1)’’, in the first column
entitled ‘‘Contaminant’’, the twentyfourth line, the third row
‘‘. . . . . . . . . . . . .’’ should read,
‘‘525.3 24
■ 4. On page 28286, in the table entitled
‘‘ALTERNATIVE TESTING METHODS
FOR CONTAMINANTS LISTED AT 40
CFR 141.24 (e)(1)’’, in the first column
entitled ‘‘Contaminant’’, the twentyeighth row, beneath ‘‘Carbofuran’’
currently reads, ‘‘. . . . . . .’’ and
should read, ‘‘Chlordane’’.
■
[FR Doc. 2021–11524 Filed 6–1–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 141
[EPA–HQ–OW–2021–0079; FRL 10022–49–
OW]
Expedited Approval of Alternative Test
Procedures for the Analysis of
Contaminants Under the Safe Drinking
Water Act; Analysis and Sampling
Procedures
Correction
In rule document 2021–10974
appearing on pages 28277 through
28290 in the issue of Wednesday, May
26, 2021, make the following correction:
PART 141—NATIONAL PRIMARY
DRINKING WATER REGULATIONS
[CORRECTED]
[FR Doc. C1–2021–10974 Filed 6–1–21; 8:45 am]
BILLING CODE 0099–10–P
1. On page 28285, in the table entitled
‘‘ALTERNATIVE TESTING METHODS
FOR CONTAMINANTS LISTED AT 40
CFR 141.23 (k)(1)’’, in the second row
from the bottom of the page ‘‘pH’’, in
columns four, five and six, ‘‘4500–H +
B’’ should read, ‘‘4500–H + B’’
jbell on DSKJLSW7X2PROD with RULES
17:10 Jun 01, 2021
Jkt 253001
PO 00000
Centers for Medicare & Medicaid
Services
42 CFR Parts 405, 417, 422, 423, 455
and 460
[CMS–4190–F3]
RIN 0938–AT97
Medicare and Medicaid Programs;
Contract Year 2022 Policy and
Technical Changes to the Medicare
Advantage Program, Medicare
Prescription Drug Benefit Program,
Medicaid Program, Medicare Cost Plan
Program, and Programs of All
Inclusive Care for the Elderly;
Corrections
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correction and
correcting amendment.
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the
January 19, 2021 Federal Register titled
‘‘Medicare and Medicaid Programs;
Contract Year 2022 Policy and
Technical Changes to the Medicare
SUMMARY:
■
VerDate Sep<11>2014
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Frm 00044
Fmt 4700
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]]>Agencies
[Federal Register Volume 86, Number 104 (Wednesday, June 2, 2021)]
[Rules and Regulations]
[Pages 29522-29526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11524]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2021-0148; FRL-10024-30-Region 9]
Designation of Areas for Air Quality Planning Purposes;
California; San Diego County Ozone Nonattainment Area; Reclassification
to Severe
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA or ``Act''), the Environmental
Protection Agency (EPA) is taking final action to approve a request
from the State of California to reclassify the San Diego County ozone
nonattainment area from ``Serious'' to ``Severe'' for the 2008 ozone
National Ambient Air Quality Standards (NAAQS) and from ``Moderate'' to
``Severe'' for the 2015 ozone NAAQS. The EPA is also finalizing our
action to reclassify in the same manner as state land, 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. The new applicable attainment dates for the
San Diego County ozone nonattainment area are as expeditious as
practicable but no later than July 20, 2027, for the 2008 ozone NAAQS,
and August 3, 2033, for the 2015 ozone NAAQS. With respect to Severe
state implementation plan (SIP) element submittal dates that have
passed, the EPA is approving a deadline of no later than 12 months from
the effective date of this rule 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.
DATES: This rule is effective on July 2, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID
[[Page 29523]]
No. EPA-R09-OAR-2021-0148. 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 [email protected].
Table of Contents
I. Summary of the Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 NAAQS and August 3, 2028, for the 2015 ozone
NAAQS pursuant to the EPA's 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\
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\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.
---------------------------------------------------------------------------
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 EPA's
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
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
181(b)(3) 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. 104-4), because the EPA is
[[Page 29524]]
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 1(a) 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 301(a) and 301(d)(4) 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 EPA's 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 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-to-government
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 5-501 of the Executive Order has the potential to influence the
regulation.
Reclassification actions do not involve technical standards and
thus, 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 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.).
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.
804(2).
Under section 307(b)(1) 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 307(b)(2).)
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 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. Section 81.305 is amended by revising the entry for ``San Diego
County, CA'' in the table titled ``California--2008 8-Hour Ozone NAAQS
[Primary and Secondary],'' and by revising the entry for ``San Diego
[[Page 29525]]
County, CA'' in the table titled ``California--2015 8-Hour Ozone NAAQS
[Primary and Secondary]'' to read as follows:
Sec. 81.305 California.
* * * * *
California--2008 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------
Date 1 Type Date 1 Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
San Diego County, CA ................. Nonattainment.... July 2, 2021..... Severe-15.
San Diego County:
Barona Group of Capitan
Grande Band of Mission
Indians of the Barona
Reservation. 3
Campo Band of Diegueno
Mission Indians of the
Campo Indian Reservation. 3
Capitan Grande Band of
Diegueno Mission Indians of
California. 3
Ewiiaapaayp Band of Kumeyaay
Indians. 3
Iipay Nation of Santa
Ysabel. 3
Inaja Band of Diegueno
Mission Indians of the
Inaja and Cosmit
Reservation. 3
Jamul Indian Village of
California. 3
La Jolla Band of Luiseno
Indians. 3
La Posta Band of Diegueno
Mission Indians of the La
Posta Indian Reservation. 3
Los Coyotes Band of Cahuilla
and Cupeno Indians. 3
Manzanita Band of Diegueno
Mission Indians of the
Manzanita Reservation. 3
Mesa Grande Band of Diegueno
Mission Indians of the Mesa
Grande Reservation. 3
Pala Band of Luiseno Mission
Indians of the Pala
Reservation. 3
Pauma Band of Luiseno
Mission Indians of the
Pauma and Yuima
Reservation. 3
Rincon Band of Luiseno
Mission Indians of the
Rincon Reservation. 3
San Pasqual Band of Diegueno
Mission Indians of
California. 3
Sycuan Band of the Kumeyaay
Nation. 3
Viejas (Baron Long) Group of
Capitan Grande Band of
Mission Indians. 3
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
3 Includes Indian country of the tribe listed in this table located in the identified area. Information
pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
establish Indian country land status, and is making no determination of Indian country boundaries, in this
table.
* * * * *
California--2015 8-Hour Ozone NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area 1 ---------------------------------------------------------------------------
Date 2 Type Date 2 Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
San Diego County, CA 2 ................. Nonattainment.... July 2, 2021..... Severe-15.
San Diego County: 2
Barona Group of Capitan
Grande Band 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.
[[Page 29526]]
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 Luiseno Mission
Indians of the Pala
Reservation.
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.
Viejas (Baron Long) Group of
Capitan Grande Band of
Mission Indians.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
1 Includes any Indian country in each county or area, unless otherwise specified. EPA is not determining the
boundaries of any area of Indian country in this table, including any area of Indian country located in the
larger designation area. The inclusion of any Indian country in the designation area is not a determination
that the state has regulatory authority under the Clean Air Act for such Indian country.
2 This date is August 3, 2018, unless otherwise noted.
* * * * *
[FR Doc. 2021-11524 Filed 6-1-21; 8:45 am]
BILLING CODE 6560-50-P
