Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Proposed Rules 44677 

1 80 FR 65291 (October 26, 2015). 

2See 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. 

3See, generally, subpart 2 of part D of title I of 

the CAA. 

1. The Commission establishes Docket 

No. RM2021–8 for consideration of the 

matters raised by the Petition of the 

United States Postal Service for the 

Initiation of a Proceeding to Consider 

Proposed Changes in Analytical 

Principles (Proposal Five), filed August 

4, 2021. 

2. Comments by interested persons in 

this proceeding are due no later than 

September 15, 2021. 

3. Pursuant to 39 U.S.C. 505, the 

Commission appoints Jennaca D. 

Upperman to serve as an officer of the 

Commission (Public Representative) to 

represent the interests of the general 

public in this docket. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2021–17191 Filed 8–12–21; 8:45 am] 

BILLING CODE 7710–FW–P 

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. 

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 https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. 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 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 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, Leers.Ben@

epa.gov. 

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 (NOX) 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

Effective August 3, 2018, the EPA 

designated and classified the Eastern 


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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. 

5The 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. 

6Nevada 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). 

8See 40 CFR 51.1303(a). 

9The 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. 

10Letter 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. 

11Letters, 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. 

12CAA 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. 

13The EPA promulgated the 2015 Ozone SRR at 

40 CFR part 51, subpart CC. 

14See 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. 

15CAA section 182(c)(3) and 40 CFR part 51 

subpart S. 

16CAA sections 182(c)(4) and 246(a). 

17CAA section 182(c)(3)(A) and 246(a), 

respectively. 

18 40 CFR 51.165(a)(1)(x). 

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

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. 

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. 

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). 

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 

NOX 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 NOX 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 


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19A 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). 20CAA sections 182(b)(2) and 182(f). 

21CAA section 302(j). 22CAA sections 182(c) and 182(f). 23Because 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. 

25CAA section 182(c)(2). 

26CAA section 182(c)(5). 

require changes to the districts’ title V 

operating permits programs necessary to 

reflect the change in the major source 

threshold for Serious areas. 

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. 

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 

NOX.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 NOX.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. 

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). 

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

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-togovernment 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. 


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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 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 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Proposed Rules 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 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 20 

[GN Docket No. 13–111; FCC 21–82; FR ID 

39501] 

Promoting Technological Solutions To 

Combat Contraband Wireless Device 

Use in Correctional Facilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) takes further steps 

to facilitate the deployment and 

viability of technological solutions used 

to combat contraband wireless devices 

in correctional facilities. The Second 

Further Notice of Proposed Rulemaking 

(SFNPRM) seeks further comment on 

the relative effectiveness, viability, and 

cost of additional technological 

solutions to combat contraband phone 

use in correctional facilities previously 

identified in the record. 

DATES: Interested parties may file 

comments on or before September 13, 

2021, and reply comments on or before 

October 12, 2021. 

ADDRESSES: You may submit comments, 

identified by GN Docket No. 13–111, by 

any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS): http:// 

apps.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 


jbell on DSKJLSW7X2PROD with PROPOSALS