[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Rules and Regulations]
[Pages 47580-47581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18344]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0341; FRL-8728-02-R9]


Severe Area Submission Requirements for the 2008 Ozone NAAQS; 
California; Eastern Kern Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act, the Environmental Protection Agency 
(EPA) is establishing a schedule for the the California Air Resources 
Board (CARB) to submit revisions to the state implementation plan (SIP) 
addressing ``Severe'' area requirements for the 2008 8-hour ozone 
national ambient air quality standards (NAAQS) for the Eastern Kern 
nonattainment area (``Eastern Kern''). CARB will be required to submit 
SIP revisions addressing Severe area requirements for Eastern Kern, 
including revisions to new source review (NSR) rules, no later than 
January 7, 2023. Submittal of any necessary revisions to the title V 
rules that apply in Eastern Kern are due no later than January 7, 2022. 
Lastly, the EPA is establishing a deadline for implementation of new 
reasonably available control technology (RACT) rules as expeditiously 
as practicable but no later than July 7, 2024.

DATES: This rule is effective September 27, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0341. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ben Leers, Air Planning Office (AIR-
2), EPA Region IX, (415) 947-4279, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Background
II. Public Comment Period
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On June 7, 2021, the EPA issued a final rulemaking granting a 
request by CARB to reclassify Eastern Kern from ``Serious'' to Severe 
for the 2008 ozone NAAQS under section 181(b)(3) of the Clean Air Act 
(CAA).\1\ Our reclassification of Eastern Kern from Serious to Severe 
is in effect as of July 7, 2021. In a separate document published on 
June 7, 2021, the EPA proposed a schedule for CARB to submit revisions 
to the California SIP addressing Severe area requirements for the 2008 
ozone NAAQS and to submit revisions to the title V operating permit 
rules for Eastern Kern.\2\
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    \1\ 86 FR 30204.
    \2\ 86 FR 30234.
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    Our June 7, 2021 proposed rule includes background information 
concerning the EPA's promulgation of the 2008 ozone NAAQS and history 
of the designation and classification of Eastern Kern for the 2008 
ozone NAAQS. Our proposed rule also describes the Severe area SIP 
requirements that apply to Eastern Kern as a result of the 
reclassification and proposes a schedule for CARB to submit Severe area 
SIP requirements and title V rule revisions.
    More specifically, in our proposed rule, we proposed to establish a 
deadline for CARB to submit SIP revisions addressing Severe area 
requirements for Eastern Kern, including revisions to NSR rules, no 
later than 18 months from the effective date of the EPA's final rule 
reclassifying Eastern Kern to Severe for the 2008 ozone NAAQS. We also 
proposed to establish a deadline of no later than six months from the 
effective date of the reclassification for CARB to submit any 
corresponding revisions to title V rules for Eastern Kern. Lastly, we 
proposed to establish a deadline for implementation of new RACT rules 
in Eastern Kern as expeditiously as practicable but no later than 18 
months from the date when the Severe area RACT SIP is due. The 
effective date of the EPA's final rule reclassifying Eastern Kern to 
Severe for the 2008 ozone NAAQS is July 7, 2021. In this final rule, we 
are taking final action to establish the various deadlines based on the 
July 7, 2021 effective date for reclassification.

II. Public Comment Period

    The public comment period on the proposed rule opened on June 7, 
2021, the date of its publication in the Federal Register, and closed 
on July 7, 2021. During this period, the EPA did not receive any 
comments on our proposed action.

III. Final Action

    For the reasons described in our June 7, 2021 proposed rule, the 
EPA is invoking its CAA section 301(a) authority to establish a 
deadline of no later than January 7, 2023 (i.e., 18 months from the 
effective date of our final rule reclassifying Eastern Kern as Severe) 
for CARB to submit SIP revisions addressing all Severe area SIP 
elements for the Eastern Kern ozone nonattainment area. We are also 
establishing a deadline of January 7, 2022 (i.e., six months from the 
effective date of reclassification to Severe) for CARB to submit any 
necessary revisions to title V rules for Eastern Kern. Lastly, the EPA 
is establishing a deadline for implementation of Severe area RACT 
controls in Eastern Kern as expeditiously as practicable but no later 
than July 7, 2024 (i.e., 18 months from the date when the Severe area 
RACT SIP is due, or 36 months from the effective date of 
reclassification to Severe).

IV. Statutory and Executive Order Reviews

    Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
13563 (76 FR 3821, January 21, 2011), this action is not a 
``significant regulatory action'' and therefore is not subject to 
review by the Office of Management and Budget. Because the statutory 
requirements are clearly defined with respect to the differently 
classified areas, and because those requirements are automatically 
triggered by classification, the timing of the submittal of the Severe 
area requirements does not impose a materially adverse impact under

[[Page 47581]]

Executive Order 12866. For these reasons, 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).
    In addition, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.), because the action 
addresses only the timing of submittals required by the Clean Air Act. 
For the same reason, this action does not have regulatory requirements 
that might significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    Executive Order 13175 (65 FR 67249, November 9, 2000) requires the 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in 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 Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes.'' There are no Indian reservation lands 
or other areas where the EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction within the Eastern Kern ozone nonattainment 
area, and thus, this action does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175.
    This action also does not have federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, 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 does not alter the relationship, or the 
distribution of power and responsibilities established in the Clean Air 
Act.
    This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997). The EPA interprets Executive Order 13045 as 
applying only to those regulatory actions that concern environmental 
health or safety risks such that the analysis required under section 5-
501 of the Executive Order has the potential to influence the 
regulation. This action does not concern an environmental health risk 
or safety risk.
    As this action establishes a deadline for the submittal of CAA 
required plans and information, the requirements of section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply. This 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.).
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. This action addresses the timing for 
the submittal of Severe area ozone planning requirements, and we find 
that it does not have disproportionately high and adverse human health 
or environmental health effects on minority populations, low-income 
populations and/or indigenous peoples, as specified in Executive Order 
12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 25, 2021. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: August 19, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-18344 Filed 8-25-21; 8:45 am]
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