 [Federal Register Volume 78, Number 184 (Monday, September 23, 2013)] [Rules and Regulations] [Pages 58189-58202] [FR Doc No: 2013-22873]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2012-0936; FRL-9901-13-Region 9]

Designation of Areas for Air Quality Planning Purposes;  California; Morongo Band of Mission Indians

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to correct an error in a previous  rulemaking that revised the boundaries between nonattainment areas in  Southern California designated under the Clean Air Act for the national  ambient air quality standard for one-hour ozone. EPA is also taking  final action to revise the boundaries of certain Southern California  air quality planning areas to designate the Indian country of the  Morongo Band of Mission Indians, California as a separate air quality  planning area for the one-hour and 1997 eight-hour ozone standards.

DATES: This rule is effective on October 23, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0936 for  this action. The index to the docket is available electronically at  www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne  Street, San Francisco, California. While all documents in the docket  are listed in the index, some information may be publicly available  only at the hard copy location (e.g., copyrighted material), and some  may not be publicly available in either location (e.g., Confidential  Business Information). To inspect the hard copy materials, please  schedule an appointment during normal business hours with the contact  listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ken Israels, Grants and Program  Integration Office (AIR-8), U.S. Environmental Protection Agency,  Region IX,<PHONE_NUMBER><EMAIL_ADDRESS> SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''  ``us,'' ``our,'' and ``Agency'' refer to EPA.

Table of Contents

I. Summary of Proposed Action II. Comments and Responses III. Final Action IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On January 2, 2013 (78 FR 51), EPA proposed to correct an error in  a previous rulemaking that revised the boundaries between nonattainment  areas in Southern California designated under the Clean Air Act (CAA or  ``Act'') for the national ambient air quality standard (NAAQS or  ``standard'') for one-hour ozone.\1\ EPA also proposed to revise the  boundaries of certain Southern California air quality planning areas to  designate the Indian country \2\ of the Morongo Band of Mission  Indians, California (``Morongo Reservation'') as a separate air quality  planning area for the one-hour and 1997 eight-hour ozone standards.  References herein to our ``proposed rule'' refer to our January 2, 2013  proposed rule. ---------------------------------------------------------------------------

    \1\ Ground-level ozone is a gas that is formed by the reaction  of volatile organic compounds (VOC) and oxides of nitrogen  (NOX) in the atmosphere in the presence of sunlight.  These precursor emissions are emitted by many types of pollution  sources, including power plants and industrial emissions sources,  on-road and off-road motor vehicles and engines, and smaller  sources, collectively referred to as area sources.     \2\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to:  ``(a) all land within the limits of any Indian reservation under the  jurisdiction of the United States Government, notwithstanding the  issuance of any patent, and, including rights-of-way running through  the reservation, (b) all dependent Indian communities within the  borders of the United States whether within the original or  subsequently acquired territory thereof, and whether within or  without the limits of a state, and (c) all Indian allotments, the  Indian titles to which have not been extinguished, including rights- of-way running through the same.'' ---------------------------------------------------------------------------

    Specifically, we proposed to correct an error in our October 7,  2003 (68 FR 57820) final action approving a request by the State of  California (``California'' or ``State'') to shift the boundary between  the South Coast Air Basin and the Southeast Desert Air Basin (which  includes Coachella Valley) eastward, and thereby relocate the Banning  Pass area to the South Coast Air Basin from the Southeast Desert Air  Basin. As explained in our proposed rule, the ``error'' pertained only  to the Morongo Reservation, which is located within the Banning Pass,  and which is the only Indian country affected by the relevant portion  of our 2003 final action.     With respect to the one-hour ozone standard, EPA's 2003 action had  the effect of moving the Morongo Reservation from the Coachella Valley  portion of the ``Southeast Desert Modified AQMA Area'' (``Southeast  Desert'') to the ``Los Angeles-South Coast Air Basin Area'' (``South  Coast'') and changing the designations and classifications accordingly.  Specifically, EPA's 2003 action had the effect of changing the ozone  nonattainment area classification for the Banning Pass area, including  the Morongo Reservation, from ``Severe-17'' to ``Extreme''.\3\ ---------------------------------------------------------------------------

    \3\ While the one-hour ozone standard itself has been revoked,  the NSR requirements that had applied to a nonattainment area for  the 1997 eight-hour ozone standard based on that area's designation  and classification for the one-hour ozone standard, at the time of  designation for the 1997 eight-hour ozone standard, continue to  apply to the area consistent with the requirements of EPA's phase I  implementation rule governing the transition from the one-hour ozone  standard to the 1997 eight-hour ozone standard and a related court  decision. ---------------------------------------------------------------------------

    In connection with the 2003 final action, we erred by failing to  recognize that, while EPA had authority to change the boundary of the  South Coast with respect to Indian country under CAA sections  107(d)(3)(A)-(C), 301(a) and 301(d), it is apparent from the proposed  and final rules in 2003 that EPA did not recognize that it was acting  under that authority or that EPA appropriately considered the effect of  the action on Indian country lands. EPA recognized only that the Agency  was acting on a State request under section 107(d)(3)(D) and reviewed  the request accordingly. However, tribes are sovereign entities, and  not political subdivisions of states. Typically, states are not  approved to administer programs under the CAA in Indian country, and  California has not been approved by EPA to administer any CAA programs  in Indian country. With respect to the Morongo Reservation, EPA or the  Morongo Tribe is the appropriate entity to initiate boundary changes,  and in this instance, the Morongo Tribe initiated the change through a  rulemaking request to EPA.     If EPA had considered such a boundary change with respect to the  Morongo Reservation under the appropriate statutory authority (i.e.,  CAA sections 107(d)(3)(A)-(C), 301(a) and 301(d)), the Agency might  well have declined to change the boundary with respect to the Morongo  Reservation based on ``planning and control considerations'' given that  emissions sources within the Morongo Reservation are subject to EPA  jurisdiction whereas the emissions sources outside of the Reservation  are subject to the jurisdiction of the South Coast Air Quality  Management District (SCAQMD). In addition to the difference in  jurisdiction, we might have declined to change the boundary given the  associated decrease in the major source threshold and absence of a  federal Indian country new source review (NSR) program for new or  modified stationary sources at the time. Therefore, under CAA section

110(k)(6),\4\ we proposed to correct the error by rescinding our 2003  final action as it pertains to the Morongo Reservation and only as it  pertains to the revoked one-hour ozone standard. ---------------------------------------------------------------------------

    \4\ CAA section 110(k)(6) provides that: ``Whenever the  Administrator determines that the Administrator's action approving,  disapproving, or promulgating any plan or plan revision (or part  thereof), area designation, redesignation, classification, or  reclassification was in error, the Administrator may in the same  manner as the approval, disapproval, or promulgation revise such  action as appropriate without requiring any further submission from  the State. Such determination and the basis thereof shall be  provided to the State and public.'' We interpret this provision to  authorize the Agency to make corrections to a promulgated regulation  when it is shown to our satisfaction that (1) we clearly erred in  failing to consider or inappropriately considered information made  available to EPA at the time of the promulgation, or the information  made available at the time of promulgation is subsequently  demonstrated to have been clearly inadequate, and (2) other  information persuasively supports a change in the regulation. See 57  FR 56762, at 56763 (November 30, 1992). ---------------------------------------------------------------------------

    Second, in our proposed rule, under CAA sections 107(d)(3)(A)-(C),  301(a), and 301(d), we proposed to revise the boundaries of the  Southeast Desert to designate the Morongo Reservation as a separate  nonattainment area for the one-hour ozone standard and to classify the  Morongo Reservation as ``Severe-17,'' i.e., consistent with its prior  classification when it was included in the Southeast Desert.\5\ Third,  also under CAA sections 107(d)(3)(A)-(C), 301(a) and 301(d), we  proposed to revise the boundaries of the South Coast to designate the  Morongo Reservation as a separate nonattainment area for the 1997  eight-hour ozone standard and to classify the Morongo Reservation as  ``Severe-17,'' i.e., consistent with its original classification when  it was included in the South Coast. ---------------------------------------------------------------------------

    \5\ Sections 107(d)(3)(A)-(C) provide that EPA may initiate the  redesignation process ``on the basis of air quality data, planning  and control considerations, or any other air quality-related  considerations the Administrator deems appropriate,'' and  ``promulgate the redesignation, if any, of the area or portion  thereof.'' CAA section 107(d)(3) does not refer to Indian country,  but consistent with EPA's discretionary authority in CAA sections  301(a) and 301(d)(4) to directly administer CAA programs, and  protect air quality in Indian country through federal  implementation, EPA is authorized to directly administer sections  107(d)(3)(A)-(C) and redesignate Indian country areas. ---------------------------------------------------------------------------

    In proposing the second and third actions described above, we  applied the principles set forth in EPA's policy (referred to herein as  the ``Tribal Designation Policy'') for establishing separate air  quality designations for areas of Indian country.\6\ Under the Tribal  Designation Policy, where EPA receives a request for a boundary change  from a tribe seeking to have its Indian country designated as a  separate area, the policy indicates that EPA will make decisions  regarding these requests on a case-by-case basis after consultation  with the tribe. ---------------------------------------------------------------------------

    \6\ See memorandum from Stephen D. Page, Director, EPA Office of  Air Quality Planning and Standards, to EPA Regional Air Directors,  Regions I-X, dated December 20, 2011, titled ``Policy for  Establishing Separate Air Quality Designations for Areas of Indian  Country.'' ---------------------------------------------------------------------------

    As a matter of policy, EPA believes that it is important for tribes  to submit certain information, including, among other items, a formal  request from an authorized tribal official; documentation of Indian  country boundaries to which the air quality designation request  applies; and an analysis of a number of factors (referred to as a  ``multi-factor analysis,'') including air quality data, emissions- related data (including source emissions data, traffic and commuting  patterns, population density and degree of urbanization), meteorology,  geography/topography, and jurisdictional boundaries.\7\ ---------------------------------------------------------------------------

    \7\ See Tribal Designation Policy, pages 3 and 4. The Tribal  Designation Policy also states that, in addition to information  related to the identified factors, tribes may submit any other  information that they believe is important for EPA to consider. ---------------------------------------------------------------------------

    In May 2009, the Chairman of the Morongo Tribe submitted the  Tribe's request for a separate ozone nonattainment area that included a  multi-factor analysis addressing air quality data, emissions data,  meteorology, geography/topography, and jurisdictional boundaries.\8\ As  such, although submitted prior to release of the Tribal Designation  Policy, the Morongo Tribe's request for a boundary change to create a  separate ozone nonattainment area, in conjunction with EPA's additional  analysis found in our technical support document (TSD) for the proposed  rule, represents the type of formal, official request and supporting  information called for in the policy. ---------------------------------------------------------------------------

    \8\ See letter from Robert Martin, Chairman, Morongo Band of  Mission Indians, to Deborah Jordan, Director, Air Division, EPA  Region IX, dated May 29, 2009. ---------------------------------------------------------------------------

    For the proposed rule, EPA noted that the Agency had recently  reviewed the Morongo Tribe's multi-factor analysis in connection with  designating the Morongo Reservation as a separate nonattainment area  for the 2008 ozone standard, and concluded that EPA's analysis and  recent decision to designate the Morongo Reservation as a separate  nonattainment area for the 2008 ozone standard was directly relevant to  our consideration of whether to revise the boundaries of existing air  quality planning areas to designate the Morongo Reservation as a  separate nonattainment area for the one-hour and 1997 eight-hour ozone  standards, and adopted the analysis and rationale previously relied  upon by EPA in establishing the Morongo nonattainment area for the 2008  ozone standard. In doing so, we recognized that the three standards  address the same pollutant, and thus share multi-factor analyses and  considerations.\9\ ---------------------------------------------------------------------------

    \9\ EPA also noted that in using many of the same factors found  in the 2008 ozone designations process, we are using factors that  represent the most current information regarding meteorology, air  quality, etc. in the area and therefore we believe serve the  purposes of being representative for the previously established  ozone standards. ---------------------------------------------------------------------------

    Based on our review of air quality data, meteorology and  topography, we observed that the Morongo Reservation experiences  transitional conditions characteristic of a mountain pass area through  which pollutants are channeled from a highly urbanized metropolitan  nonattainment area to the west to the relatively less developed  nonattainment area to the east. Considering the three factors of air  quality data, meteorology, and topography, EPA concluded that the  Agency could reasonably include the Morongo Reservation in either the  South Coast nonattainment area to the west, or the Southeast Desert  nonattainment area to the east, as EPA has done in the past for the  one-hour ozone standard and the 1997 eight-hour ozone standard.  Alternatively, EPA could establish a separate nonattainment area for  the Morongo Reservation as it did for the 2008 eight-hour ozone  standard.\10\ ---------------------------------------------------------------------------

    \10\ See 77 FR 30088, dated May 21, 2012. ---------------------------------------------------------------------------

    Taking into account the relative amount of emissions associated  with activities on the Morongo Reservation and corresponding minimal  contribution to regional ozone violations, we believed that under the  circumstances present here, it would be appropriate to assign  particular weight to the jurisdictional boundaries factor, consistent  with the principles for designations of Indian country set forth in the  Tribal Designation Policy. Moreover, we noted that the Tribe has  invested in the development of its own air program, including operation  of weather stations and an air monitoring station, and has expressed  interest in development of its own permitting program. Under the  jurisdictional boundaries factor, we found that redesignation of the  Morongo Reservation as a separate ozone nonattainment area for the one- hour ozone and 1997 eight-hour ozone standards would be appropriate.  Therefore, consistent with the designation of the Morongo Reservation  for the 2008 ozone standard, we proposed to revise the boundaries of  the Southeast Desert one-hour ozone nonattainment area and the  boundaries

of the South Coast 1997 eight-hour ozone nonattainment area to  designate the Morongo Reservation as a separate nonattainment area for  the one-hour and 1997 eight-hour ozone standards.     Please see our proposed rule and TSD for additional background  information about the Morongo Reservation and the regulatory context,  as well as a more detailed explanation of our rationale for the  proposed actions.

II. Comments and Responses

    Our proposed rule provided for a 30-day comment period. During this  period, we received comments from the South Coast Air Quality  Management District (SCAQMD or ``District''), the Coachella Valley  Association of Governments (CVAG), and from a private citizen. All  three comment letters oppose EPA's proposed actions. We have summarized  the comments and provide responses in the paragraphs that follow.     SCAQMD Comment #1: EPA's primary reason for wanting to reclassify  Morongo as ``severe-17'' appears to be based on the fact that in  ``extreme'' ozone areas, the major source threshold for VOC and  NOX is 10 tons per year, whereas in ``severe-17'' areas it  is 25 tons per year, thereby increasing the number of new or modified  sources subject to the emissions offset requirement. EPA's sole concern  appears to be the availability of emission reduction credits (ERCs) for  use as offsets. We are not sure that EPA's rationale, which appears to  be based on economic considerations, is a proper basis for  reclassification under CAA section 107(d)(3). Also, EPA has  misinterpreted the law relative to availability of offsets for sources  to be located on Morongo lands. Because Morongo is included within the  South Coast District, the special provisions in state law and District  rules regarding the transfer and use of inter-district and inter-basin  offsets are inapplicable.     EPA Response to SCAQMD Comment #1: Our proposed rule proposed two  separate actions--(1) an error correction (of a 2003 final action) and  (2) boundary revisions (for one-hour and 1997 eight-hour ozone NAAQS).  EPA considered the issue of availability of ERCs for use as offsets for  new or modified sources on the Morongo Reservation in the context of  the proposed error correction action, not the boundary revisions  action, and the statutory basis for consideration of this issue was CAA  section 110(k)(6), not section 107(d)(3).     The District is correct that, in our proposed rule, we identified  restrictions in state law and District rules regarding the availability  of ERCs for use to comply with the emissions offset requirement for new  or modified major sources on Morongo lands as one of the adverse  regulatory consequences for the Tribe of our 2003 final action that  persuaded us to propose the error correction. However, the availability  of ERCs was not the only adverse regulatory effect of our 2003 action.  We recognized that the primary adverse regulatory effect was the  lowering of the applicable VOC and NOX major source  threshold from 25 tons per year to 10 tons per year that resulted from  the 2003 transfer of the Banning Pass (including the Morongo  Reservation) from the Southeast Desert ``severe'' ozone nonattainment  area to the South Coast ``extreme'' ozone nonattainment area. See 78 FR  51, at 54-55. The lower threshold meant that more new or modified  sources proposed on Morongo lands would be considered ``major'' and  thus subject to the emissions offset requirement in the first instance.  Based on our understanding of the state and District restrictions on  the use of emission reduction credits, we believed at the time of the  proposed rule that the adverse regulatory effect of lowering the  threshold was exacerbated by the uncertainty associated with the  availability of ERCs generated outside of the Morongo Reservation to  offset emissions of new or modified sources on the Morongo Reservation.     We appreciate the District's clarification of state law and  District rules regarding inter-district and inter-basin transfer of  ERCs. Based on the District's clarification, we now understand that  under state law and District rules governing inter-district or inter- basin transfer of ERCs, the meaning of ``District'' is geographic in  nature and not jurisdictional, and thus, sources on Morongo lands are  considered within the ``District'' for the purposes of using ERCs to  meet the emissions offset requirement although such sources are not  subject to District jurisdiction and thus may purchase and use ERCs  generated anywhere in the South Coast without prior approval from the  State or District.     In light of SCAQMD's interpretation of state and District law, we  no longer find that such law presents an obstacle to permitting of new  or modified stationary sources on the Morongo Reservation. While ERCs  may be available for such sources in the same manner as they are for  sources in the South Coast outside of the Morongo Reservation, the more  fundamental, adverse consequence of lowering the major source threshold  from 25 tons per year to 10 tons per year remains a sufficient adverse  consequence in and of itself to persuade us to take final action to  correct our 2003 final action as it pertains to the one-hour ozone  standard and as it pertains to the Morongo Reservation.     SCAQMD Comment #2: EPA's current proposal is to separate the  Morongo Reservation, which is currently within the South Coast Air  Basin, as its own air quality planning area and to classify the area as  ``severe-17'' for the one-hour and 1997 eight-hour ozone NAAQS. EPA  should retain the Morongo Reservation in the South Coast Air Basin in  accordance with EPA's rationale for approving California's request to  revise the basin so that the Banning Pass--including Morongo--was  included in the South Coast Air Basin. Now, as then, the Banning Pass-- including Morongo--belongs in the South Coast Air Basin from an air  quality perspective.     EPA Response to SCAQMD Comment #2: Our proposed rule includes two  types of actions: an error correction and boundary revisions. The first  action, under CAA section 110(k)(6), would correct the error by  rescinding our 2003 boundary change action with respect to the Morongo  Reservation and would thereby separate the Morongo Reservation from the  South Coast and return the reservation back to the Southeast Desert  ozone nonattainment area within which the reservation was located prior  to EPA's 2003 action, but would not establish a separate Morongo ozone  nonattainment area. The second type of action, under CAA section  107(d)(3) and CAA sections 107(d)(3)(A)-(C), 301(a) and 301(d), would  establish a separate Morongo ozone nonattainment area for the one-hour  and 1997 eight-hour ozone NAAQS. Because we are finalizing both actions  at the same time, the Morongo Reservation will not move back to the  Southeast Desert nonattainment area but will instead become its own  nonattainment area for the one-hour and 1997 eight-hour ozone  standards.     With respect to our error correction action, the District  accurately cites EPA's rationale for approving California's request to  revise the boundaries to transfer the Banning Pass from the Southeast  Desert to the South Coast in 2003: ``We believe that Banning is more  similar to the South Coast than the Coachella area, and that it would  support efficient planning and control to move the federal boundary of  the South Coast Air Basin eastward to encompass the Banning Pass  area.'' 68 FR 48848, at 48850 (August 15, 2003). In our proposed rule,  we explain that we do not find that we erred in 2003 in reviewing the  State's request for a boundary revision, but we failed to

recognize that, to the extent that our 2003 action affected Indian  country, our action involved more than a response to a State request  under CAA section 107(d)(3)(D).\11\ It also involved an EPA-initiated  boundary change action under sections 107(d)(3)(A)-(C), section 301(a),  and 301(d)(4) because the State is not approved to administer CAA  programs in Indian country. 78 FR 51, at 54. Our proposed rule also  explains how evaluation of the same criteria used to approve the  State's request would have differed for Indian country. Id. For  instance, ``planning and control considerations'' while seamless from  the standpoint of District jurisdiction over sources on state lands,  would have differed for the Morongo Reservation because, at that time,  EPA had not established a nonattainment NSR program for Morongo under  which to review the greater number of new or modified sources deemed  ``major'' by virtue of the boundary change. ---------------------------------------------------------------------------

    \11\ As noted above, Tribes are sovereign entities, and not  political subdivisions of States. Typically, states are not approved  to administer programs under the CAA in Indian country, and  California has not been approved by EPA to administer any CAA  programs in Indian country. With respect to the Morongo Reservation,  EPA or the Tribe is the appropriate entity to initiate boundary  changes, and in this instance, the Tribe initiated the boundary  change through a request to EPA. ---------------------------------------------------------------------------

    In effect, through its 2003 boundary change request, the State of  California was voluntarily seeking to expand the geographic boundary of  the area (the South Coast) subject to the most stringent requirements  under the CAA. While EPA would have little reason to disapprove such a  state request, there is also little reason for EPA to force Indian  country located in that geographic area to be consistent with the  State's voluntary request.     With respect to our proposed action to establish a separate Morongo  ozone nonattainment area, we are not applying the same criteria that we  used to evaluate the State's boundary change request, but rather are  applying the criteria set forth in our Tribal Designations Policy. See  pages 55 and 56 of our proposed rule. As described in greater detail in  our proposed rule, we observe that the Morongo Reservation experiences  transitional conditions characteristic of a mountain pass area and that  we could reasonably have included the Morongo Reservation in either the  South Coast or the Southeast Desert or established a separate Morongo  nonattainment area. Given that emissions associated with the Morongo  Reservation are minimal, we believe that it is appropriate to assign  particular weight to the jurisdictional boundaries factor and thus are  taking final action today, consistent with our proposed action, to  revise the boundaries of the South Coast and Southeast Desert  nonattainment areas to designate the Morongo Reservation as a separate  Morongo nonattainment area for the one-hour and 1997 eight-hour ozone  standards. (The Morongo Reservation is already a separate nonattainment  area for the 2008 ozone standard.)     SCAQMD Comment #3: SCAQMD staff is concerned about the possible  effects of separating and reclassifying the Morongo Reservation. EPA's  action can only be intended to facilitate the construction and  operation of new or expanded major sources on Morongo lands. As the  Banning Pass is directly upwind of the Coachella Valley, any  significant new emissions on Morongo lands could adversely affect the  Coachella Valley and its ability to maintain attainment of the ozone  standard. EPA should analyze the air quality impacts of the proposed  action on the Coachella Valley.     Response to SCAQMD Comment #3: With respect to nonattainment New  Source Review (NSR), the effect of our actions today will be an  increase in the major source threshold for ozone precursors, i.e., VOC  and NOX, from 10 and 25 tons per year, for new or modified  stationary sources proposed for construction and operation on the  Morongo Reservation. As such, new or modified stationary sources to be  located at the Morongo Reservation with potentials to emit (PTE) from  10 to 25 tons per year of VOC or NOX will not be subject to  the major source requirements to meet the lowest achievable emission  rate (LAER) and to offset emissions increases. Conversely, with or  without our actions today, such sources with PTE 25 tons per year or  more of VOC or NOX will continue to be subject to major  source NSR, i.e., subject to both the LAER and offset requirements.  Likewise, the regulatory requirements for sources with PTE less than 10  tons per year of VOC or NOX will also remain the same.     Thus, SCAQMD is correct that the proposed actions will facilitate  construction and operation of new or modified stationary sources on the  Morongo Reservation with PTE from 10 to 25 tons per year of VOC or  NOX to the extent that such sources will not be subject to  the LAER and emissions offset requirements that otherwise would have  applied to such sources if EPA were not to finalize today's actions.  Such sources could be constructed and operated at the Morongo  Reservation with or without today's actions, but the costs associated  with construction and operation would be less if the source is not  required to meet the LAER and emissions offset requirements.     To gain perspective on the potential downwind effects of one or  more new or modified stationary sources with PTE from 10 to 25 tons per  year of VOC or NOX on the Morongo Reservation, it is useful  to compare the emissions generated within the South Coast and Coachella  Valley with those generated by sources associated with the Morongo  Reservation under existing conditions, as shown in the following table.

  Comparison of Emissions Associated With South Coast, Coachella Valley, and Morongo Reservation Under Existing                                                    Conditions ----------------------------------------------------------------------------------------------------------------                                             Emissions (tons per day) -----------------------------------------------------------------------------------------------------------------                                               South Coast \a\      Coachella Valley \b\     Morongo reservation -----------------------------------------------------------------------------------------           \c\                                                                                -----------------------                 Pollutant                  Stationary    Total     Stationary    Total     Stationary                                             sources                 sources                 sources      Total ---------------------------------------------------------------------------------------------------------------- VOC.....................................          257        593          2.0       17.7        0.058       0.54 NOX.....................................           92        758          0.7       45.2        0.066       3.05 ---------------------------------------------------------------------------------------------------------------- \a\ Emissions estimates are for year 2008 as presented in table 3-1A (page 3-15) of the SCAQMD's Final 2012 Air   Quality Management Plan, December 2012. \b\ Emissions estimates are for year 2008 as presented for the Salton Sea Air Basin portion of Riverside County   in CARB's Almanac, Emission Projections Data, as published on CARB's Web site.

  \c\ The source for emissions estimates from sources associated with the Morongo Reservation is table 1 (page 13)   of the attachment to a letter from Robert Martin, Chairman, Morongo Band of Mission Indians, to Deborah   Jordan, Director, Air Division, EPA Region IX, dated May 29, 2009. These data reflect 2006 emissions, the most   current year of emissions inventoried by the Morongo. We have no reason to expect that 2008 emissions   associated with the Morongo Reservation would be significantly different than those estimated for 2006, and   thus, we believe that the emissions estimates for the Morongo Reservation provide a reasonable basis for   comparison with the regional emissions estimates prepared for 2008. Based on the Morongo emissions inventory,   on-road mobile sources account for approximately 85% to 90% of total Morongo-related emissions of VOC and NOX.   Stationary sources associated with the reservation account for approximately 2% to 11% of the total with the   balance emitted by area sources.

    As shown in the above table, total emissions associated with the  Morongo Reservation comprise 0.09% and 0.4% of the VOC and  NOX emissions, respectively, associated with all sources  within the South Coast. The effect of today's actions relate to the  stationary source fraction of Morongo's emissions, which amount to  0.058 and 0.066 tons per day of VOC and NOX, respectively  (or 21 and 24 tons per year of VOC and NOX, respectively),  and which comprise only 0.01% and 0.009% of the VOC and NOX  emissions, respectively, within the South Coast. Clearly, one or even  several new or modified stationary sources within the 10 to 25 tons per  year range would have minimal or no effect on Coachella Valley when  compared to the overall pollutant burden passing through the Banning  Pass from the South Coast to Coachella Valley. Any new or modified  stationary source on the Morongo Reservation with a PTE large enough to  impact Coachella Valley would almost certainly be subject to major  source NSR and thereby subject to the LAER and emission offset  requirements that would avoid such an impact.     SCAQMD Comment #4: We are concerned that EPA's actions would create  an uneven playing field between sources located within the Morongo  boundaries and similar nearby sources in the South Coast Air Basin,  including the remainder of the Banning Pass. Indeed, sources locating  on Morongo lands would also have an unfair advantage over sources in  the adjacent Coachella Valley, because under SCAQMD rules even minor  sources of most pollutants must obtain offsets, and these rules apply  within the Coachella Valley. Moreover, major sources in both areas are  subject to SCAQMD's BACT requirement, which is at least as stringent as  federal LAER. While minor sources are subject to potentially less  stringent BACT, and the minor source threshold in Coachella Valley is  25 tons per year, SCAQMD's BACT Guidelines for minor sources are  generally the most stringent in the nation and are distinguished from  the BACT for major sources only in that economic and technical  feasibility may be considered. In short, new and modified stationary  sources on either side of the Banning Pass, as well as in the remainder  of the Banning Pass, will be subject to more stringent standards than  sources seeking to locate on Morongo lands. We are concerned that EPA's  proposed action will create a ``pollution island'' within the Morongo  area. Our concern is based on real and substantial experiences in which  facilities located on Tribal lands have created problems in the  adjacent communities. For example, EPA and SCAQMD have taken  enforcement action against facilities located on Cabazon Tribal land  near the city of Mecca in southeastern Riverside County.     Response to SCAQMD Comment #4: EPA notes that, with or without  today's action, new or modified sources on the Morongo Reservation are  subject to the requirements of EPA's Indian country NSR rule codified  in CFR, Title 40, part 49 (76 FR 38748, July 1, 2011), which are in  some respects less stringent than the corresponding requirements under  SCAQMD's NSR rules that apply outside Indian country in both the South  Coast and Coachella Valley. Specifically, under EPA's Indian country  NSR rule, emissions offsets are not required for new or modified minor  sources. However, with respect to control technology requirements,  while the Indian country NSR rule does not require new or modified  minor sources to meet BACT or LAER level of control, the rule does  require EPA (or the Indian Tribe in cases where a Tribal agency is  assisting EPA with administration of the program through a delegation)  to conduct a case-by-case control technology review to determine the  appropriate level of control, if any, necessary to assure that the  NAAQS are achieved, as well as the corresponding emission limitations  for the affected emission units at the new or modified source. See 40  CFR 49.154(c). In carrying out this determination, among other  considerations, EPA takes into account ``[t]ypical control technology  or other emission reduction measures used by similar sources in  surrounding areas.'' 40 CFR 49.154(c)(1)(ii). Thus, the corresponding  control technology requirements (i.e., minor source ``BACT'') that  SCAQMD applies to minor sources subject to its authority would inform  EPA's determination regarding control technology requirements and  associated emission limitations for new or modified minor stationary  sources on the Morongo Reservation.     Nonetheless, we recognize that our actions today will broaden the  differences in NSR requirements in that new or modified sources on the  Morongo Reservation with PTE between 10 and 25 tons per year of VOC or  NOX will no longer be subject to LAER and emissions offset  requirement that otherwise would have applied. We do not, however,  foresee our actions as resulting in the ``pollution island'' effect  about which SCAQMD is concerned. First, our actions today simply  restore the major source threshold that had applied within the Morongo  Reservation before our 2003 approval of California's boundary change.  The only difference between the regulatory context during the pre-2003  period and the context that will exist upon the effective date of  today's action is that new or modified stationary sources in the  Banning Pass subject to SCAQMD jurisdiction with PTE between 10 and 25  are now subject to major source ``BACT,'' which differs from minor  source ``BACT'' under SCAQMD's NSR rules, as explained by SCAQMD above,  whereas such sources were subject to minor source ``BACT'' prior to our  approval of California's boundary change request in 2003. We have no  evidence that the Morongo Reservation was a ``pollution island'' during  the pre-2003 period when the higher threshold applied, and the subtle  differences between then and now described above with respect to minor  source BACT and major source BACT under SCAQMD rules argues against the  possibility that the Morongo Reservation will become a ``pollution  island'' as a result of our actions today. It is important to note  that, even with our actions today, the applicable NSR requirements  within the Morongo Reservation (at a 25 tons per year major source  threshold) would continue to be among the most stringent in the nation  in keeping with today's classification of the Morongo Reservation as a  separate ``severe'' nonattainment area for the one-hour and 1997 ozone  standards.     SCAQMD Comment #5: EPA may not have adequate enforcement resources  to ensure ongoing compliance on Tribal lands, even if the rules are  equally stringent. For example, examination of

the available information indicates that the Colmac Energy facility,  which is identified as a major source under RCRA, was last inspected  nearly 10 years ago. Tribes themselves also may not have adequate  resources to ensure compliance. For example, in the mid-2000's, the  Torrez-Martinez reservation was identified as home to at least 20  illegal dumps. Health hazards were created as a result of some of the  dump material catching fire. EPA, the federal courts, the SCAQMD, the  Tribe, and other organizations were all involved in attempting to  resolve these issues.     Response to SCAQMD Comment #5: EPA's compliance and enforcement  program extends to sources subject to EPA permitting jurisdiction, and  to oversight of sources subject to the permitting jurisdiction of  states, air districts, and tribes (where tribes have authority to issue  such permits). The hypothetical prospect of new or modified stationary  sources at the Morongo Reservation, whether permitted by EPA or by the  Morongo Tribe (if and when the Tribe is authorized to issue such  permits), will have essentially no effect on the scope of EPA's  nationwide compliance and enforcement program and thus essentially no  effect on the resources needed to adequately meet the demands of that  program. Moreover, facility inspections, while important, represent  just one method for acquiring information in connection with compliance  and enforcement.\12\ Information requests under CAA section 114, for  example, represent another method. Lastly, EPA does not believe that  compliance issues that have arisen in the past with one tribe in any  way portend compliance issues that may arise in the future with another  tribe any more than one state's past actions portend future actions  taken by other states. ---------------------------------------------------------------------------

    \12\ To the extent that SCAQMD cites infrequent inspections at  the Colmac Energy facility as an example of inadequate EPA  enforcement resources, EPA notes that since 1989, under a monitoring  and enforcement agreement to which SCAQMD, EPA, and the Cabazon Band  of Mission Indians are signatories, SCAQMD has been allowed entry  onto the Cabazon Reservation to monitor and inspect the Colmac  Energy facility, and thus the frequency of EPA inspections cited by  SCAQMD bears little relation to the extent of compliance oversight  for the Colmac facility. ---------------------------------------------------------------------------

    SCAQMD Comment #6: We are concerned about the potential  precedential effect of this decision.     Response to SCAQMD Comment #6: In this action, we are determining  that our 2003 approval of California's request to shift the boundary  between the South Coast and Southeast Desert eastward and thereby  include the Banning Pass in the South Coast was in error as it pertains  to Indian country in the Banning Pass, and because the Morongo Tribe is  the only Tribe with Indian country that was affected by the eastward  shift of the boundary, the direct precedential effect of today's  actions is quite limited. More generally, though, our 2003 action  approved a State's request, in effect, to expand the area subject to  more stringent CAA requirements and conversely to shrink the area  subject to less stringent CAA requirements. We should have recognized  at the time, but did not, that EPA, not the State, was changing the  boundary with respect to Indian country located within the expansion  area and thereby imposing the more stringent CAA requirements on Indian  country as well. States rarely voluntarily request boundary changes  that increase the stringency of requirements for their sources in the  affected area, and thus, we have no reason to expect that similar  circumstances culminating in our 2003 action and setting the stage for  today's actions exist elsewhere with respect to California or other  states and other tribes. Lastly, we note that we have previously  established a number of separate tribal air quality planning areas,  see, e.g., the separate listings for several tribes located within  Arizona and California in 40 CFR 81.303 and 40 CFR 81.305,  respectively, (i.e., particularly for the 1997 and 2008 eight-hour  ozone standards), and thus, today's action does not establish a new  precedent but rather is consistent with previous actions.     CVAG Comment #1: The creation of a separate air basin for the Tribe  will result in a less stringent definition of a major source threshold  for New Source Review and may result in a lesser level of air pollution  controls as currently established through its designation in the South  Coast Air Basin. This could potentially result in the creation of a  ``magnet'' for, and give an unfair advantage to, facilities locating at  the Morongo Reservation relative to facilities in the adjacent areas  under State jurisdiction.     EPA Response to CVAG Comment #1: CVAG is correct that the effect of  today's actions will raise the applicable major source threshold for  VOC and NOX from 10 tons per year to 25 tons per year for  new or modified stationary sources to be located on the Morongo  Reservation. This means that a new or modified stationary source  proposed on the Morongo Reservation after the effective date of today's  final actions with a PTE between 10 and 25 tons per year of VOC or  NOX will not be subject to the same control technology  (i.e., lowest achievable control technology) and emission offset  requirements that would have applied if we did not finalize our  actions. As such, the applicable requirements for new or modified  stationary sources on the Morongo Reservation will return to those that  applied before EPA's 2003 approval of California's boundary change  request. The applicable minimum requirements for new or modified  sources on the Morongo Reservation will also mirror those that apply in  Coachella Valley with respect to LAER and offsets, which adjoins the  new Morongo air quality planning area to the east, although we  recognize that California has chosen to go beyond statutory and  regulatory minimum requirements with respect to other NSR requirements  in both the South Coast and Coachella Valley. We have no evidence to  suggest that the Morongo Reservation was a ``magnet'' for new emissions  sources prior to our 2003 action to approve California boundary change  request, when the less stringent major source threshold applied, nor do  we have any reason to believe that the Reservation will become such a  ``magnet'' as a result of EPA's actions today that simply return the  Morongo Reservation to the statutory and regulatory context that  applied prior to EPA's 2003 action.     CVAG Comment #2: Back in January 2011, CVAG sent a letter to EPA  expressing concern regarding the Morongo Tribe's request for a separate  ozone nonattainment area. EPA staff agreed to keep CVAG and SCAQMD  apprised of EPA's actions on the Tribe's request but did not follow- through. Instead, CVAG was informed of EPA's January 2, 2013 proposed  rule through another party. In May 2012, EPA designated the Morongo  Reservation as a separate nonattainment area for the 2008 ozone  standard. EPA is using key findings from that decision as the basis for  their current proposed action. This designation action was again done  without notification to or consultation with CVAG or the SCAQMD,  although the proposed rule at 78 FR 55 stated that this decision will  be made ``after all necessary consultation with the Tribe and, as  appropriate, with the involvement of other affected entities.'' In  addition, in footnote 15 of the proposed rule, it states ``EPA has  consulted with the Tribe several times about this matter.'' This  dangerously ``paves the way'' for the proposed action relative to the  one hour and 1997 eight hour ozone standards.     EPA Response to CVAG Comment #2: CVAG is correct that EPA has  adopted the analysis and rationale relied upon by EPA in establishing  the Morongo

nonattainment area for the 2008 ozone standard in support of EPA's  proposal to revise the boundaries of the Southeast Desert (which  includes Coachella Valley) and the South Coast to designate the Morongo  Reservation as a separate nonattainment area for the one-hour and 1997  eight-hour ozone standards. See pages 55 and 56 of the proposed rule.     CVAG objects to EPA's failure to notify or consult with CVAG about  either the designations for the 2008 ozone standard or the actions  proposed by EPA on January 2, 2013. As to the designations for the 2008  ozone standard, the process is set forth in CAA section 107 and  involves (1) notification by EPA to states of the requirement to submit  recommendations of areas to be listed as nonattainment, attainment, or  unclassifiable; (2) submittal to EPA of state recommendations; (3)  review by EPA of the recommendations; and (4) notification by EPA to  states of EPA's intention to modify any state recommendation and  provision of an opportunity to such state to demonstrate why such  modification is inappropriate. EPA also provided a similar process for  tribes to submit, and for EPA to review and modify, recommendations for  their areas of Indian country. There is no requirement that EPA notify  states concerning tribal recommendations related to Indian country or  that EPA notify tribes of state recommendations related to lands under  state jurisdiction.     As to the proposed action to revise the boundaries of the Southeast  Desert and South Coast to designate the Morongo Reservation as a  separate nonattainment area for the one-hour and 1997 eight-hour ozone  standard, EPA acknowledges that it agreed to keep CVAG apprised of our  action and failed to follow-through prior to proposing this action on  January 2, 2013. While EPA regrets the oversight, we note that such  notification, other than through publication of the proposed and final  rule in the Federal Register, is not required for the type of action  that we proposed.     In its January 7, 2011 letter to EPA, CVAG raised two specific  substantive concerns in connection with Morongo's May 29, 2009 boundary  change request: (1) inclusion of the Morongo Reservation in Coachella  Valley, and resultant use of Morongo ozone monitoring data, could  jeopardize Coachella Valley's ability to meet the 1997 eight-hour ozone  standard by the applicable 2019 attainment date; and (2) inclusion of  the Morongo Reservation in Coachella Valley would impact Coachella  Valley's ability to meet PM10 objectives and to continue to  attain PM2.5 standards. EPA's decision to designate the  Morongo Tribe as a separate nonattainment area rather than move the  Reservation back into Southeast Desert (which includes Coachella  Valley) alleviates both specific substantive concerns raised by CVAG in  its January 7, 2011 letter to EPA. Please see our Response to SCAQMD  Comment 3, above, for additional analysis concerning potential  impacts on Coachella Valley of today's final actions.     Lastly, with respect to CVAG's cautionary note concerning EPA's  consultation with the Tribe in connection with this action, we simply  note that our proposed action, in part, derives from a request by the  Morongo Tribe to create a separate nonattainment ozone area for the  Tribe, and thus, it is perfectly natural and appropriate that EPA  consult with the Tribe about such a matter prior to proposing action.  EPA would do no less for the State if responding to a state request.  EPA notes that consultation with the Tribe is also consistent with the  government-to-government relationship between federally-recognized  tribes and the federal government.     CVAG Comment #3: The Coachella Valley is exposed to frequent gusty  winds with the strongest and most persistent winds typically occurring  immediately to the east of Banning Pass, which is noted as a wind power  generation resource area. Given the geographic location of the  reservation, to the Banning Pass and the Coachella Valley, the  designation will most negatively impact the Coachella Valley's air  quality. Located in the Southeast Desert AQMA area, the Coachella  Valley will still be required to meet the NAAQS whether we generate  pollutants or they are transported to our area.     EPA Response to CVAG Comment #3: As explained in detail in EPA  Response to SCAQMD Comment 3, EPA does not foresee any impact  to air quality in Coachella Valley as a result of EPA's actions to  rescind our 2003 final action, as it pertains to the Morongo  Reservation, and to revise the boundaries of the Southeast Desert (in  which Coachella Valley is located) and South Coast to designate the  Morongo Reservation as a separate nonattainment area for the one-hour  and 1997 eight-hour ozone standards. Please see EPA Response to SCAQMD  Comment 3, above.     CVAG Comment #4: The Coachella Valley has spent decades and  millions of dollars striving to achieve attainment for the  PM10 NAAQS and we have been patiently awaiting redesignation  of the valley for the federal PM10 standard. A separate air  quality planning area may adversely impact our efforts.     EPA Response to CVAG Comment #4: EPA's actions affect designations  and classifications for the one-hour and 1997 eight-hour ozone  standards. Our actions do not affect designations or classifications  associated with any other NAAQS. Moreover, elevated PM10  levels in Coachella Valley, unlike the South Coast where  PM10 exceedances are due primarily to PM10  precursor pollutants (derived from direct emissions of VOC,  NOX and other precursors), are ``strongly tied to local  fugitive dust problems.'' \13\ Thus, we have no reason to anticipate  new or more frequent exceedances of the PM10 standard in the  Coachella Valley due to the hypothetical increases in precursor VOC and  NOX emissions from construction and operation of new or  modified stationary sources on Morongo lands with PTEs between 10 and  25 tons per year. ---------------------------------------------------------------------------

    \13\ See page 8-10 of the 2003 South Coast Air Quality  Management Plan, August 2003. EPA approved the 2003 Coachella Valley  PM10 SIP on November 14, 2005 (70 FR 69081.) ---------------------------------------------------------------------------

    CVAG Comment #5: In addition to the EPA's proposed action, CVAG  also does not want EPA to consider any reversal of its previous  decision which moved the Morongo Reservation from the Southeast Desert  AQMA to the South Coast Air Basin. Such a reversal would again  adversely impact our efforts to attain our federal air quality  standards. Since the Morongo Reservation experiences more severe ozone  air quality than the Coachella Valley, it needs to stay in the South  Coast Air Basin. Designations should not be made based on adverse  regulatory consequences on the affected constituent. Rather,  designations should be based on ambient air quality.     EPA Response to CVAG Comment #5: In our proposed rule, we proposed  to rescind the 2003 final action, as it pertains to the Morongo  Reservation for the one-hour ozone standard, and to revise the  boundaries of the Southeast Desert (Coachella Valley) and South Coast  to designate the Morongo Reservation as a separate nonattainment area  for the one-hour and 1997 eight-hour ozone standards. Our actions would  not affect the designations or classifications of state lands, nor  would they relocate the Morongo Reservation back to the Southeast  Desert where it had been located prior to our 2003 final action. Thus,  the ambient ozone conditions experienced on the Morongo Reservation  would not be relevant in determining whether the Coachella Valley  attained, or failed to attain, the ozone standards because only data  from

monitors located within Coachella Valley would be used for that  purpose. In terms of the Coachella Valley's potential emissions impacts  on Morongo lands, the predominantly westerly wind patterns place  Coachella Valley downwind of Morongo lands and thus Coachella Valley  sources do not significantly impact Morongo ozone air quality. For  additional details, please see page 6 of the technical support  document. With respect to the basis for our proposed error correction  and proposed revision to the boundaries, please see EPA Response to  SCAQMD Comment 1, above.     CVAG Comment #6: EPA does not have sufficient resources to ensure  ongoing compliance on Indian lands or adequate field enforcement staff  to monitor any new air quality planning area.     EPA Response to CVAG Comment #6: EPA's compliance and enforcement  program extends to sources subject to EPA permitting jurisdiction, and  to oversight of sources subject to the permitting jurisdiction of  states, air districts, and tribes (where tribes have authority to issue  such permits). The hypothetical prospect of new or modified stationary  sources at the Morongo Reservation, whether permitted by EPA or by the  Morongo Tribe (if and when approved for such permits), will have  essentially no effect on the scope of EPA's nationwide compliance and  enforcement program and thus essentially no effect on the resources  needed to adequately meet the demands of that program. Moreover, CVAG  provides no evidence that EPA resources are inadequate at the present  time to address compliance or enforcement issues associated with  emissions sources on the Morongo Reservation nor does CVAG explain how  our proposed actions will result in an increase in compliance or  enforcement costs to EPA.     Private Citizen Comment #1: The private citizen expresses support  for SCAQMD's and CVAG's comments on the proposed rule, and adds that  the proposed air quality planning area would be small, would be  dominated by a single entity that controls its own development process,  and has major air quality impacts in all directions affecting large  populations. Further, the private citizen speculates that, in contrast  to the current proposal, an air quality planning area dominated by a  single corporation, rather than a single Tribe, would never be  proposed.     EPA Response to Private Citizen Comment #1: Please see responses  above to comments from SCAQMD and CVAG. With respect to the size of the  proposed area and impacts to surrounding areas, the proposed rule takes  into account the minimal amount of emissions associated with activities  on the Morongo Reservation and corresponding minimal contribution to  regional ozone violations and we believe that in these circumstances it  is appropriate to assign particular weight to the jurisdictional  boundaries factor, and it is consistent with the principles for  designations of Indian country set forth in the Tribal Designation  Policy. See page 56 of the January 2, 2013 proposed rule. Lastly, we  find the analogy to a corporation to be inapposite due to the fact that  Tribes, unlike corporations, are sovereign entities and therefore have  inherent authority to control their own development process, much like  states do.

III. Final Action

    Under CAA section 110(k)(6), EPA is taking final action to correct  an error in a 2003 final action that revised the boundaries between  nonattainment areas in Southern California designated under the CAA for  the one-hour ozone NAAQS. EPA has determined that the Agency erred in  the 2003 final action to change the boundary of the South Coast Air  Basin, which enlarged the basin to include all of the Banning Pass  area. In taking that action, EPA failed to consider the presence of  Indian country (i.e., the Morongo Reservation) located therein. EPA  thus failed to consider the status of the Indian country under the  appropriate statutory and regulatory provisions when it evaluated and  acted upon the State's boundary change request. EPA believes that its  error resulted in regulatory consequences for the Morongo Tribe that  justify making a correction. Thus, EPA is rescinding the 2003 final  action, as it pertains to the Morongo Reservation for the one-hour  ozone standard. This action does not affect the designations and  classifications of state lands.     Second, under CAA sections 107(d)(3)(A)-(C), 301(a) and 301(d), EPA  is taking final action to revise the boundaries of the Southeast Desert  to designate the Morongo Reservation as a separate nonattainment area  for the one-hour ozone standard and to classify the Morongo Reservation  as ``Severe-17,'' i.e., consistent with its prior classification when  it was included in the Southeast Desert.     Third, also under CAA sections 107(d)(3)(A)-(C), 301(a) and 301(d),  EPA is taking final action to revise the boundaries of the South Coast  to designate the Morongo Reservation as a separate nonattainment area  for the 1997 eight-hour ozone standard and to classify the Morongo  Reservation as ``Severe-17,'' i.e., consistent with its original  classification when it was included in the South Coast.\14\ ---------------------------------------------------------------------------

    \14\ In our proposed rule (footnote 8 at 78 FR 53), we  indicated that if we finalize our proposed action to revise the  boundaries of the South Coast to designate the Morongo Reservation  as a separate nonattainment area for the 1997 eight-hour ozone  standard, EPA would withdraw our proposed action to reclassify the  Morongo Reservation to ``extreme'' for the 1997 eight-hour ozone  standard (74 FR 43654, August 27, 2009). (In 2010, we deferred final  reclassification with respect to the Morongo Reservation (and the  Pechanga Reservation) when we took final action to reclassify the  South Coast for the 1997 eight-hour ozone standard (75 FR 24409, May  5, 2010).) Given today's final action and consistent with our  statement from the proposed rule, EPA is withdrawing our 2009  proposed reclassification action to the extent it relates to the  Morongo Reservation in the Proposed Rules section of this Federal  Register. ---------------------------------------------------------------------------

    EPA is redesignating the Morongo Reservation as a separate air  quality planning area for the one-hour ozone and 1997 eight-hour ozone  standards based on our conclusion that factors such as air quality  data, meteorology, and topography do not definitively support inclusion  of the Reservation in either the South Coast or the Southeast Desert  air quality planning areas, that Morongo Reservation emissions sources  contribute minimally to regional ozone concentrations, and that the  jurisdictional boundaries factor should be given particular weight  under these circumstances.     As a result of these final actions, the boundaries of the Morongo  nonattainment areas for the one-hour and 1997 eight-hour ozone  standards will be the same as those for the Morongo nonattainment area  for the 2008 ozone standard. Lastly, as of the effective date of this  action, new or modified stationary sources proposed for construction on  the Morongo Reservation will be subject to the NSR major source  thresholds for ``severe-17'' ozone nonattainment areas, rather than the  more stringent thresholds for ``extreme'' ozone nonattainment areas.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the  Agency must determine whether the regulatory action is ``significant''  and therefore subject to OMB review and the requirements of the  Executive Order. The Order defines ``significant regulatory action'' as  one that is likely to result in a rule that may: (1) Have an annual  effect on the economy of $100 million or more or adversely affect in a

material way the economy, a sector of the economy, productivity,  competition, jobs, the environment, public health or safety, or state,  local, or tribal governments or communities; (2) create a serious  inconsistency or otherwise interfere with an action taken or planned by  another agency; (3) materially alter the budgetary impact of  entitlements, grants, user fees, or loan programs or the rights and  obligations of recipients thereof; or (4) raise novel legal or policy  issues arising out of legal mandates, the President's priorities, or  the principles set forth in the Executive Order. Under Executive Order  12866 (58 FR 51735, October 4, 1993), this action is not a  ``significant regulatory action'' and therefore is not subject to  review by the Office of Management and Budget. For this reason, this  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). This action merely  corrects an error in a previous rulemaking and redesignates certain air  quality planning area boundaries, and thereby reinstates certain CAA  designations and corresponding requirements to which the affected area  had previously been subject.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under  the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.  Burden means the total time, effort, or financial resources expended by  persons to generate, maintain, retain, or disclose or provide  information to or for a Federal agency. This includes the time needed  to review instructions; develop, acquire, install, and utilize  technology and systems for the purposes of collecting, validating, and  verifying information, processing and maintaining information, and  disclosing and providing information; adjust the existing ways to  comply with any previously applicable instructions and requirements;  train personnel to be able to respond to a collection of information;  search data sources; complete and review the collection of information;  and transmit or otherwise disclose the information. This 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.). An agency may  not conduct or sponsor, and a person is not required to respond to a  collection of information unless it displays a currently valid OMB  control number. The OMB control numbers for EPA's regulations in 40 CFR  are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) generally requires an agency  to prepare a regulatory flexibility analysis of any rule subject to  notice and comment rulemaking requirements under the Administrative  Procedure Act or any other statute unless the agency certifies that  this rule will not have a significant economic impact on a substantial  number of small entities. Small entities include small businesses,  small organizations, and small governmental jurisdictions.     For purposes of assessing the impacts of today's rule on small  entities, small entity is defined as: (1) A small business as defined  by the Small Business Administration's (SBA) regulations at 13 CFR  121.201; (2) a small governmental jurisdiction that is a government of  a city, county, town, school district or special district with a  population of less than 50,000; and (3) a small organization that is  any not-for-profit enterprise which is independently owned and operated  and is not dominant in its field. After considering the economic  impacts of today's rule on small entities, I certify that this action  will not have a significant economic impact on a substantial number of  small entities. This rule will not impose any direct requirements on  small entities. EPA is correcting an error in a previous rulemaking and  redesignating certain air quality planning area boundaries, and thereby  reinstating certain CAA designations and corresponding requirements to  which the affected area had previously been subject. This action is  intended to, among other purposes, facilitate and support the Morongo  Tribe's efforts to develop a tribal air permit program by re-instating,  within the Morongo Reservation, the less-stringent New Source Review  major source thresholds that had applied under the area's previous  ``Severe-17'' classification for the one-hour ozone standard and by  aligning the boundaries for the Morongo nonattainment area for all  three ozone NAAQS (i.e., the one-hour, the 1997 eight-hour and the 2008  ozone standards).

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public  Law 104-4, establishes requirements for Federal agencies to assess the  effects of their regulatory actions on state, local, and tribal  governments and the private sector. Under section 202 of the UMRA, EPA  generally must prepare a written statement, including a cost-benefit  analysis, for proposed and final rules with ``Federal mandates'' that  may result in expenditures to state, local, and tribal governments, in  the aggregate, or to the private sector, of $100 million or more in any  one year. Before promulgating an EPA rule for which a written statement  is needed, section 205 of the UMRA generally requires EPA to identify  and consider a reasonable number of regulatory alternatives and adopt  the least costly, most cost-effective or least burdensome alternative  that achieves the objectives of the rule. The provisions of section 205  do not apply when they are inconsistent with applicable law. Moreover,  section 205 allows EPA to adopt an alternative other than the least  costly, most cost-effective or least burdensome alternative if the  Administrator publishes with the final rule an explanation why that  alternative was not adopted. Before EPA establishes any regulatory  requirements that may significantly or uniquely affect small  governments, including tribal governments, it must have developed under  section 203 of the UMRA a small government agency plan. The plan must  provide for notifying potentially affected small governments, enabling  officials of affected small governments to have meaningful and timely  input in the development of EPA regulatory proposals with significant  Federal intergovernmental mandates, and informing, educating, and  advising small governments on compliance with the regulatory  requirements. Today's rule contains no Federal mandates (under the  regulatory provisions of Title II of the UMRA) for state, local, or  tribal governments or the private sector. The rule imposes no  enforceable duty on any state, local or tribal governments or the  private sector. In any event, EPA has determined that this rule does  not contain a Federal mandate that may result in expenditures of $100  million or more for state, local, and tribal governments, in the  aggregate, or the private sector in any one year. Thus, today's rule is  not subject to the requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August  10, 1999), requires EPA to develop an accountable process to ensure  ``meaningful and timely input by State and local officials in the  development of regulatory policies that have federalism implications.''  ``Policies that have federalism implications'' is defined in the  Executive Order to include regulations that have ``substantial direct  effects on the States, on the relationship

between the national government and the States, or on the distribution  of power and responsibilities among the various levels of government.''  This action 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, or 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 action would merely correct an error in a previous rulemaking and  redesignate certain air quality planning area boundaries, and thereby  reinstate certain CAA designations and corresponding requirements to  which the affected area had previously been subject, and does not alter  the relationship or the distribution of power and responsibilities  established in the Clean Air Act.

F. Executive Order 13175: Consultation and Coordination With Indian  Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination  with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),  requires 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 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.'' Under section 5(b)  of Executive Order 13175, EPA may not issue a regulation that has  tribal implications, that imposes substantial direct compliance costs,  and that is not required by statute, unless the federal government  provides the funds necessary to pay the direct compliance costs  incurred by tribal governments, or EPA consults with tribal officials  early in the process of developing the proposed regulation. Under  section 5(c) of Executive Order 13175, EPA may not issue a regulation  that has tribal implications and that preempts tribal law, unless the  Agency consults with tribal officials early in the process of  developing the proposed regulation.     EPA has concluded that this action would have tribal implications.  In 2009, the Morongo Tribe requested that EPA create a separate area  for the Morongo Reservation in part due to the adverse regulatory  impacts resulting from the Agency's 2003 boundary change action. EPA  consulted with representatives of the Morongo Tribe prior to, and  following, the Tribe's 2009 boundary change request, concerning the  issues covered herein. In today's action, EPA is responding to the  Tribe's 2009 boundary change request and is taking final action that  would eliminate the adverse regulatory impacts arising from EPA's 2003  boundary change action. As described herein, we agree with the Tribe  that the boundary should be corrected to reflect their concerns. This  action will neither impose substantial direct compliance costs on  tribal governments, nor preempt tribal law. Rather, the proposed action  would relieve the Tribe of the additional requirements that flowed from  the boundary change and corresponding change in CAA designations and  classifications. Thus, the requirements of sections 5(b) and 5(c) of  the Executive Order do not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental  Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental  Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies  to any rule that: (1) is determined to be ``economically significant''  as defined under Executive Order 12866, and (2) concerns an  environmental health or safety risk that EPA has reason to believe may  have a disproportionate effect on children. If the regulatory action  meets both criteria, the Agency must evaluate the environmental health  or safety effects of the planned rule on children, and explain why the  planned regulation is preferable to other potentially effective and  reasonably feasible alternatives considered by the Agency. This rule is  not subject to Executive Order 13045 ``Protection of Children from  Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,  1997), because it is not economically significant as defined in  Executive Order 12866, and because the Agency does not have reason to  believe the environmental health or safety risks addressed by this rule  present a disproportionate risk to children.

H. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement  Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)  directs EPA to use voluntary consensus standards in its regulatory  activities unless to do so would be inconsistent with applicable law or  otherwise impractical. Voluntary consensus standards are technical  standards (e.g., materials specifications, test methods, sampling  procedures, and business practices) that are developed or adopted by  voluntary consensus standards bodies. The NTTAA directs EPA to provide  Congress, through OMB, explanations when the Agency decides not to use  available and applicable voluntary consensus standards. This rule does  not involve establishment of 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 to this  action.

I. Executive Order 12898: Federal Actions To Address Environmental  Justice in Minority Populations and Low-Income Populations

    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.     EPA has determined that this action will not have  disproportionately high and adverse human health or environmental  effects on minority or low-income populations because it does not  directly affect the level of protection provided to human health or the  environment. In this action, EPA is taking final action to correct an  error in a previous rulemaking and redesignate certain air quality  planning area boundaries, and thereby reinstate certain CAA  designations and corresponding requirements to which the affected area  had previously been subject.

J. Congressional Review Act

    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 rule 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).

K. Petitions for Review of this Action

    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 November 22, 2013. Filing a  petition for reconsideration by the Administrator of this final rule  does not affect the finality of this rule 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.

    Dated: September 4, 2013. Jared Blumenfeld, Regional Administrator,     Region IX.

    40 CFR part 81 is amended 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--[AMENDED]

0 2. Section 81.305 is amended as follows: 0 a. In the table for ``California-Ozone (1-Hour Standard)'' by revising  the entry for ``Los Angeles-South Coast Air Basin Area'', by adding a  new entry for ``Morongo Band of Mission Indians'' before the ``Monterey  Bay Area'' entry, and by adding footnotes 5 and 6; 0 b. In the table for ``California--1997 8-Hour Ozone NAAQS (Primary and  Secondary)'' by revising the entries for ``Los Angeles-South Coast Air  Basin, CA'', by adding a new entry for ``Morongo Band of Mission  Indians'' before the ``Los Angeles and San Bernardino Counties (Western  Mojave Desert), CA'' entry, and by adding footnotes (d) and (e).     The revisions and additions read as follows:

Sec.  81.305  California.

* * * * *

                                     California--Ozone (1-Hour Standard) \4\ ----------------------------------------------------------------------------------------------------------------                                               Designation                            Classification         Designated area         --------------------------------------------------------------------------------                                    Date \1\             Type             Date \1\               Type ----------------------------------------------------------------------------------------------------------------                                                     * * * * * * * Los Angeles-South Coast Air         11/15/90  Nonattainment..........     11/15/90  Extreme.  Basin Area \5\.     Los Angeles County (part)..     11/15/90  Nonattainment..........     11/15/90  Extreme.         That portion of Los          Angeles County which          lies south and west of          a line described as          follows:         1. Beginning at the Los          Angeles-San Bernardino          County boundary and          running west along the          Township line common          to Township 3 North          and Township 2 North,          San Bernardino Base          and Meridian;         2. then north along the          range line common to          Range 8 West and Range          9 West;         3. then west along the          Township line common          to Township 4 North          and Township 3 North;         4. then north along the          range line common to          Range 12 West and          Range 13 West to the          southeast corner of          Section 12, Township 5          North and Range 13          West;         5. then west along the          south boundaries of          Sections 12, 11, 10,          9, 8, and 7, Township          5 North and Range 13          West to the boundary          of the Angeles          National Forest which          is collinear with the          range line common to          Range 13 West and          Range 14 West;         6. then north and west          along the Angeles          National Forest          boundary to the point          of intersection with          the Township line          common to Township 7          North and Township 6          North (point is at the          northwest corner of          Section 4 in Township          6 North and Range 14          West);         7. then west along the          Township line common          to Township 7 North          and Township 6 North;         8. then north along the          range line common to          Range 15 West and          Range 16 West to the          southeast corner of          Section 13, Township 7          North and Range 16          West;         9. then along the south          boundaries of Sections          13, 14, 15, 16, 17,          and 18, Township 7          North and Range 16          West;         10. then north along          the range line common          to Range 16 West and          Range 17 West to the          north boundary of the          Angeles National          Forest (collinear with          the Township line          common to Township 8          North and Township 7          North);

          11. then west and north          along the Angeles          National Forest          boundary to the point          of intersection with          the south boundary of          the Rancho La Liebre          Land Grant;         12. then west and north          along this land grant          boundary to the Los          Angeles-Kern County          boundary.     Orange County..............     11/15/90  Nonattainment..........     11/15/90  Extreme.     Riverside County (part)....     11/15/90  Nonattainment..........     11/15/90  Extreme.         That portion of          Riverside County which          lies to the west of a          line described as          follows:         1. Beginning at the          Riverside-San Diego          County boundary and          running north along          the range line common          to Range 4 East and          Range 3 East, San          Bernardino Base and          Meridian;         2. then east along the          Township line common          to Township 8 South          and Township 7 South;         3. then north along the          range line common to          Range 5 East and Range          4 East;         4. then west along the          Township line common          to Township 6 South          and Township 7 South          to the southwest          corner of Section 34,          Township 6 South,          Range 4 East;         5. then north along the          west boundaries of          Sections 34, 27, 22,          15, 10, and 3,          Township 6 South,          Range 4 East;         6. then west along the          Township line common          to Township 5 South          and Township 6 South;         7. then north along the          range line common to          Range 4 East and Range          3 East;         8. then west along the          south boundaries of          Sections 13, 14, 15,          16, 17, and 18,          Township 5 South,          Range 3 East;         9. then north along the          range line common to          Range 2 East and Range          3 East to the          Riverside-San          Bernardino County          line.     San Bernardino County           11/15/90  Nonattainment..........     11/15/90  Extreme.      (part).         That portion of San          Bernardino County          which lies south and          west of a line          described as follows:         1. Beginning at the San          Bernardino-Riverside          County boundary and          running north along          the range line common          to Range 3 East and          Range 2 East, San          Bernardino Base and          Meridian;         2. then west along the          Township line common          to Township 3 North          and Township 2 North          to the San Bernardino-          Los Angeles County          boundary. Morongo Band of Mission Indians     11/15/90  Nonattainment..........     11/15/90  Severe-17.  \6\.                                                     * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ This date is October 18, 2000 unless otherwise noted.  * * * * * * * \4\ The 1-hour ozone standard is revoked effective June 15, 2005 for all areas in California. The Monterey Bay,   San Diego, and Santa Barbara-Santa Maria-Lompoc areas are maintenance areas for the 1-hour NAAQS for purposes   of 40 CFR part 51, subpart X. \5\ Excludes Morongo Band of Mission Indians' Indian country in Riverside County. \6\ Includes Indian country of the tribe listed in this table. 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--1997 8-Hour Ozone NAAQS (Primary and Secondary) --------------------------------------------------------------------------------------------------------------------------------------------------------                                 Designation \a\                                     Classification Designated -------------------------------------------------------------------------------------------------------    area                      Date \1\                      Type                  Date \1\                  Type ------------------------------------------------------------------------------------------------------------------                                                                         * * * * * * *        Los  .........................................  Nonattainme  (\2\)............................   Subpart 2/  Angeles--                                                      nt                                        Extreme.       South   Coast Air      Basin,     CA: \d\     Los     .........................................  Nonattainme  (\2\)............................   Subpart 2/      Angel                                                      nt                                        Extreme.      es      Count      y      (part      ).

          Th          a          t          p          o          r          t          i          o          n          o          f          L          o          s          A          n          g          e          l          e          s          C          o          u          n          t          y          w          h          i          c          h          l          i          e          s          s          o          u          t          h          a          n          d          w          e          s          t          o          f          a          l          i          n          e          d          e          s          c          r          i          b          e          d          a          s          f          o          l          l          o          w          s          :          B          e          g          i          n          n          i          n          g          a          t          t          h          e          L          o          s          A          n          g          e          l          e          s-          S          a          n          B          e          r          n          a          r          d          i          n          o          C          o          u          n          t          y          b          o          u          n          d          a          r          y          a          n          d          r          u          n          n          i          n          g          w          e          s          t          a          l          o          n          g          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          3          N          o          r          t          h          a          n          d          T          o          w          n          s          h          i          p          2          N          o          r          t          h          ,          S          a          n          B          e          r          n          a          r          d          i          n          o          B          a          s          e          a          n          d          M          e          r          i          d          i          a          n          ;          t          h          e          n          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          8          W          e          s          t          a          n          d          R          a          n          g          e          9          W          e          s          t          ;          t          h          e          n          w          e          s          t          a          l          o          n          g          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          4          N          o          r          t          h          a          n          d          T          o          w          n          s          h          i          p          3          N          o          r          t          h          ;          t          h          e          n          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          1          2          W          e          s          t          a          n          d          R          a          n          g          e          1          3          W          e          s          t          t          o          t          h          e          s          o          u          t          h          e          a          s          t          c          o          r          n          e          r          o          f          S          e          c          t          i          o          n          1          2          ,          T          o          w          n          s          h          i          p          5          N          o          r          t          h          a          n          d          R          a          n          g          e          1          3          W          e          s          t          ;          t          h          e          n          w          e          s          t          a          l          o          n          g          t          h          e          s          o          u          t          h          b          o          u          n          d          a          r          i          e          s          o          f          S          e          c          t          i          o          n          s          1          2          ,          1          1          ,          1          0          ,          9          ,          8          ,          a          n          d          7          ,          T          o          w          n          s          h          i          p          5          N          o          r          t          h          a          n          d          R          a          n          g          e          1          3          W          e          s          t          t          o          t          h          e          b          o          u          n          d          a          r          y          o          f          t          h          e          A          n          g          e          l          e          s          N          a          t          i          o          n          a          l          F          o          r          e          s          t          w          h          i          c          h          i          s          c          o          l          l          i          n          e          a          r          w          i          t          h          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          1          3          W          e          s          t          a          n          d          R          a          n          g          e          1          4          W          e          s          t          ;          t          h          e          n          n          o          r          t          h          a          n          d          w          e          s          t          a          l          o          n          g          t          h          e          A          n          g          e          l          e          s          N          a          t          i          o          n          a          l          F          o          r          e          s          t          b          o          u          n          d          a          r          y          t          o          t          h          e          p          o          i          n          t          o          f          i          n          t          e          r          s          e          c          t          i          o          n          w          i          t          h          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          7          N          o          r          t          h          a          n          d          T          o          w          n          s          h          i          p          6          N          o          r          t          h          (          p          o          i          n          t          i          s          a          t          t          h          e          n          o          r          t          h          w          e          s          t          c          o          r          n          e          r          o          f          S          e          c          t          i          o          n          4          i          n          T          o          w          n          s          h          i          p          6          N          o          r          t          h          a          n          d          R          a          n          g          e          1          4          W          e          s          t          )          ;          t          h          e          n          w          e          s          t          a          l          o          n          g          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          7          N          o          r          t          h          a          n          d          T          o          w          n          s          h          i          p          6          N          o          r          t          h          ;          t          h          e          n          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          1          5          W          e          s          t          a          n          d          R          a          n          g          e          1          6          W          e          s          t          t          o          t          h          e          s          o          u          t          h          e          a          s          t          c          o          r          n          e          r          o          f          S          e          c          t          i          o          n          1          3          ,          T          o          w          n          s          h          i          p          7          N          o          r          t          h          a          n          d          R          a          n          g          e          1          6          W          e          s          t          ;          t          h          e          n          a          l          o          n          g          t          h          e          s          o          u          t          h          b          o          u          n          d          a          r          i          e          s          o          f          S          e          c          t          i          o          n          s          1          3          ,          1          4          ,          1          5          ,          1          6          ,          1          7          ,          a          n          d          1          8          ,          T          o          w          n          s          h          i          p          7          N          o          r          t          h          a          n          d          R          a          n          g          e          1          6          W          e          s          t          ;          t          h          e          n          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          1          6          W          e          s          t          a          n          d          R          a          n          g          e          1          7          W          e          s          t          t          o          t          h          e          n          o          r          t          h          b          o          u          n          d          a          r          y          o          f          t          h          e          A          n          g          e          l          e          s          N          a          t          i          o          n          a          l          F          o          r          e          s          t          (          c          o          l          l          i          n          e          a          r          w          i          t          h          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          8          N          o          r          t          h          a          n          d          T          o          w          n          s          h          i          p          7          N          o          r          t          h          )          ;          t          h          e          n          w          e          s          t          a          n          d          n          o          r          t          h          a          l          o          n          g          t          h          e          A          n          g          e          l          e          s          N          a          t          i          o          n          a          l          F          o          r          e          s          t          b          o          u          n          d          a          r          y          t          o          t          h          e          p          o          i          n          t          o          f          i          n          t          e          r          s          e          c          t          i          o          n          w          i          t          h          t          h          e          s          o          u          t          h          b          o          u          n          d          a          r          y          o          f          t          h          e          R          a          n          c          h          o          L          a          L          i          e          b          r          e          L          a          n          d          G          r          a          n          t          ;          t          h          e          n          w          e          s          t          a          n          d          n          o          r          t          h          a          l          o          n          g          t          h          i          s          l          a          n          d          g          r          a          n          t          b          o          u          n          d          a          r          y          t          o          t          h          e          L          o          s          A          n          g          e          l          e          s-          K          e          r          n          C          o          u          n          t          y          b          o          u          n          d          a          r          y          .     Orange  .........................................  Nonattainme  (\2\)............................   Subpart 2/      Count                                                      nt                                        Extreme.      y.     Rivers  .........................................  Nonattainme  (\2\)............................   Subpart 2/      ide                                                        nt                                        Extreme.      Count      y      (part      ).         Th          a          t          p          o          r          t          i          o          n          o          f          R          i          v          e          r          s          i          d          e          C          o          u          n          t          y          w          h          i          c          h          l          i          e          s          t          o          t          h          e          w          e          s          t          o          f          a          l          i          n          e          d          e          s          c          r          i          b          e          d          a          s          f          o          l          l          o          w          s          :          B          e          g          i          n          n          i          n          g          a          t          t          h          e          R          i          v          e          r          s          i          d          e-          S          a          n          D          i          e          g          o          C          o          u          n          t          y          b          o          u          n          d          a          r          y          a          n          d          r          u          n          n          i          n          g          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          4          E          a          s          t          a          n          d          R          a          n          g          e          3          E          a          s          t          ,          S          a          n          B          e          r          n          a          r          d          i          n          o          B          a          s          e          a          n          d          M          e          r          i          d          i          a          n          ;          t          h          e          n          e          a          s          t          a          l          o          n          g          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          8          S          o          u          t          h          a          n          d          T          o          w          n          s          h          i          p          7          S          o          u          t          h          ;          t          h          e          n          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          5          E          a          s          t          a          n          d          R          a          n          g          e          4          E          a          s          t          ;          t          h          e          n          w          e          s          t          a          l          o          n          g          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          6          S          o          u          t          h          a          n          d          T          o          w          n          s          h          i          p          7          S          o          u          t          h          t          o          t          h          e          s          o          u          t          h          w          e          s          t          c          o          r          n          e          r          o          f          S          e          c          t          i          o          n          3          4          ,          T          o          w          n          s          h          i          p          6          S          o          u          t          h          ,          R          a          n          g          e          4          E          a          s          t          ;          t          h          e          n          n          o          r          t          h          a          l          o          n          g          t          h          e          w          e          s          t          b          o          u          n          d          a          r          i          e          s          o          f          S          e          c          t          i          o          n          s          3          4          ,          2          7          ,          2          2          ,          1          5          ,          1          0          ,          a          n          d          3          ,          T          o          w          n          s          h          i          p          6          S          o          u          t          h          ,          R          a          n          g          e          4          E          a          s          t          ;          t          h          e          n          w          e          s          t          a          l          o          n          g          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          5          S          o          u          t          h          a          n          d          T          o          w          n          s          h          i          p          6          S          o          u          t          h          ;          t          h          e          n          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          4          E          a          s          t          a          n          d          R          a          n          g          e          3          E          a          s          t          ;          t          h          e          n          w          e          s          t          a          l          o          n          g          t          h          e          s          o          u          t          h          b          o          u          n          d          a          r          i          e          s          o          f          S          e          c          t          i          o          n          s          1          3          ,          1          4          ,          1          5          ,          1          6          ,          1          7          ,          a          n          d          1          8          ,          T          o          w          n          s          h          i          p          5          S          o          u          t          h          ,          R          a          n          g          e          3          E          a          s          t          ;          t          h          e          n          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          2          E          a          s          t          a          n          d          R          a          n          g          e          3          E          a          s          t          ;          t          o          t          h          e          R          i          v          e          r          s          i          d          e-          S          a          n          B          e          r          n          a          r          d          i          n          o          C          o          u          n          t          y          l          i          n          e          .         Pe  .........................................  Nonattainme  (\2\)............................   Subpart 2/          c                                                      nt                                      Severe-17.          h          a          n          g          a          R          e          s          e          r          v          a          t          i          o          n          \          c          \.     San     .........................................  Nonattainme  (\2\)............................   Subpart 2/      Berna                                                      nt                                        Extreme.      rdino      Count      y      (part      ).         Th          a          t          p          o          r          t          i          o          n          o          f          S          a          n          B          e          r          n          a          r          d          i          n          o          C          o          u          n          t          y          w          h          i          c          h          l          i          e          s          s          o          u          t          h          a          n          d          w          e          s          t          o          f          a          l          i          n          e          d          e          s          c          r          i          b          e          d          a          s          f          o          l          l          o          w          s          :          B          e          g          i          n          n          i          n          g          a          t          t          h          e          S          a          n          B          e          r          n          a          r          d          i          n          o-          R          i          v          e          r          s          i          d          e          C          o          u          n          t          y          b          o          u          n          d          a          r          y          a          n          d          r          u          n          n          i          n          g          n          o          r          t          h          a          l          o          n          g          t          h          e          r          a          n          g          e          l          i          n          e          c          o          m          m          o          n          t          o          R          a          n          g          e          3          E          a          s          t          a          n          d          R          a          n          g          e          2          E          a          s          t          ,          S          a          n          B          e          r          n          a          r          d          i          n          o          B          a          s          e          a          n          d          M          e          r          i          d          i          a          n          ;          t          h          e          n          w          e          s          t          a          l          o          n          g          t          h          e          T          o          w          n          s          h          i          p          l          i          n          e          c          o          m          m          o          n          t          o          T          o          w          n          s          h          i          p          3          N          o          r          t          h          a          n          d          T          o          w          n          s          h          i          p          2          N          o          r          t          h          t          o          t          h          e          S          a          n          B          e          r          n          a          r          d          i          n          o-          L          o          s          A          n          g          e          l          e          s          C          o          u          n          t          y          b          o          u          n          d          a          r          y          .    Morongo  .........................................  Nonattainme  .................................   Subpart 2/     Band of                                                     nt                                      Severe-17.     Mission     Indians         \e\                                                                         * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- \a\ Includes Indian Country located in each county or area, except as otherwise specified.  * * * * * * * \c\ The use of reservation boundaries for this designation is for purposes of CAA planning only and is not intended to be a federal determination of the   exact boundaries of the reservations. Nor does the specific listing of the Tribes in this table confer, deny, or withdraw Federal recognition of any   of the Tribes listed or not listed. \d\ Excludes Morongo Band of Mission Indians' Indian country in Riverside County. \e\ Includes Indian country of the tribe listed in this table. 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. \1\ This date is June 15, 2004, unless otherwise noted. \2\ This date is June 4, 2010.

* * * * * [FR Doc. 2013-22873 Filed 9-20-13; 8:45 am] BILLING CODE 6560-50-P