[Federal Register Volume 86, Number 206 (Thursday, October 28, 2021)]
[Rules and Regulations]
[Pages 59648-59651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23454]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

EPA-R09-OAR-2021-0426; FRL-8710-02-R9]


Designation of Areas for Air Quality Planning Purposes; 
California; Eastern Kern, Sacramento Metro, and Western Nevada 2015 
Ozone Nonattainment Areas; Reclassification to Serious

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection 
Agency (EPA) is granting requests by the California Air Resources Board 
(CARB or ``State'') to reclassify three nonattainment areas in 
California from ``Moderate'' to ``Serious'' for the 2015 ozone national 
ambient air quality standards (NAAQS). These three areas are herein 
referred to as the Eastern Kern, Sacramento Metro, and Western Nevada 
nonattainment areas. In connection with the reclassification, the EPA 
is establishing deadlines for submittal of revisions to the Eastern 
Kern, Sacramento Metro, and Western Nevada portions of the California 
State implementation plan (SIP) to meet additional requirements for 
Serious ozone nonattainment areas.

DATES: This rule is effective November 29, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0426. 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. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On August 13, 2021, the EPA proposed to grant requests by the State 
of California to reclassify the Eastern Kern, Sacramento Metro, and 
Western Nevada nonattainment areas from Moderate to Serious for the 
2015 ozone NAAQS.\1\ Our August 13, 2021 proposed rule provides 
background information on the EPA's promulgation of the 2015 ozone 
NAAQS and area designations, classifications, and reclassifications for 
the 2015 ozone NAAQS.
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    \1\ 86 FR 44677.
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    The proposed rule describes CARB's requests for reclassification of 
the Eastern Kern, Sacramento Metro, and Western Nevada nonattainment 
areas from Moderate to Serious for the 2015 ozone NAAQS and the basis 
for our proposed approval of the requests. The proposed rule also 
describes the Serious area requirements applicable to the Eastern Kern, 
Sacramento Metro, and Western Nevada nonattainment areas following the 
EPA's approval of the voluntary reclassification requests and proposes 
a schedule for CARB to submit SIP revisions that address these 
requirements. Lastly, the proposed rule addresses the implications of 
the reclassification on the areas of Indian country geographically 
located within the borders of the Sacramento Metro nonattainment area. 
Please see the proposed rule for further detail concerning these 
topics.
    In this document, we are taking final action to grant CARB's 
requests to reclassify the Eastern Kern, Sacramento Metro, and Western 
Nevada nonattainment areas to Serious nonattainment for the 2015 ozone 
NAAQS. Pursuant to the reclassification, these areas will be required 
to attain the 2015 ozone NAAQS as expeditiously as practicable, but no 
later than August 3, 2027. We are also taking final action to establish 
a schedule for CARB to submit SIP revisions addressing Serious area 
requirements and to submit revisions to the title V operating permit 
rules for the Eastern Kern, Sacramento Metro, and Western Nevada 
nonattainment areas.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no adverse comments and one comment in 
support of our proposed action. The comment letter is available in the 
docket for this rulemaking.

III. EPA Action

    Pursuant to CAA section 181(b)(3) and 40 CFR 51.1103(b), the EPA is 
granting a request by the State of California to reclassify the Eastern 
Kern, Sacramento Metro, and Western Nevada nonattainment areas from 
Moderate to Serious for the 2015 ozone NAAQS. In connection with the 
reclassifications, the EPA is establishing a deadline of no later than 
August 3, 2022 (i.e., four years from the areas' date of initial 
designation as nonattainment for the 2015 ozone NAAQS) for the 
submittal of SIP revisions addressing the Serious area requirements 
applicable to each of these areas.\2\ Under CAA section 301(a), we are 
also establishing August 3, 2022, as the deadline for the submittal of 
any corresponding revisions, or certifications, as appropriate, to the 
NSR and title V program rules that apply in the affected areas. We are 
establishing a deadline of November 29, 2023 (i.e., 24 months from the 
effective date of our reclassification of the areas to Serious) for the 
submittal of SIP revisions addressing the Serious area reasonably 
available control technology (RACT) requirements for each of these 
areas. Additionally, the EPA is establishing a deadline for 
implementation of Serious area RACT rules as expeditiously as 
practicable but no later than January 1, 2026.\3\ Finally, as described 
in the

[[Page 59649]]

proposed rule, CARB will be required to submit a transportation control 
demonstration by August 3, 2024, and every three years thereafter, and 
to submit transportation control measures as needed based on these 
demonstrations.\4\
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    \2\ As described in the proposed rule, these requirements 
include an attainment demonstration, reasonable further progress 
demonstration, reasonably available control measures, contingency 
measures, enhanced motor vehicle inspection and maintenance program, 
and clean fuel vehicle program. The proposed rule includes more 
information about these requirements and their applicability to each 
area. See 86 FR 44677, 44678.
    \3\ Under 40 CFR 51.1312(a)(3)(ii), states must provide for 
implementation of RACT required pursuant to reclassification as 
expeditiously as practicable, but no later than the start of the 
attainment year ozone season associated with the area's new 
attainment deadline, or January 1 of the third year after the 
associated SIP revision submittal deadline (whichever is earlier). 
Because ozone nonattainment areas in California have a year-round 
ozone season, the start of the attainment year ozone season 
associated with each area's new attainment date is January 1, 2027. 
January 1 of the third year after the RACT SIP submittal deadline 
(as established in this final rule) is January 1, 2026.
    \4\ See 86 FR 44677, 44679.
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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 final action is not a 
``significant regulatory action'' and therefore is not subject to 
Executive Order 12866. With respect to lands under state jurisdiction, 
voluntary reclassifications under CAA section 181(b)(3) are based 
solely upon requests by the state, and the EPA is required under the 
CAA to grant them. These actions do not, in and of themselves, impose 
any new requirements on any sectors of the economy. In addition, 
because the statutory requirements are clearly defined with respect to 
the differently classified areas, and because those requirements are 
automatically triggered by reclassification, reclassification does not 
impose a materially adverse impact under Executive Order 12866. For 
these reasons, this final action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
    In addition, I certify that this final rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and that 
this final rule does not contain any unfunded mandate or significantly 
or uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4), because the EPA is 
required to grant requests by states for voluntary reclassifications, 
and such reclassifications in and of themselves do not impose any 
federal intergovernmental mandate, and because tribes are not subject 
to implementation plan submittal deadlines that apply to states as a 
result of reclassifications.
    Executive Order 13175 (65 FR 67249, November 9, 2000) requires the 
EPA to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in Executive Order 13175 to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the federal government and Indian tribes.'' Four Indian tribes 
have areas of Indian country located within the boundaries of the 
Sacramento Metro ozone nonattainment area, and there are no areas of 
Indian country located in the Eastern Kern and Western Nevada ozone 
nonattainment areas. The EPA implements federal CAA programs, including 
reclassifications, in these areas of Indian country within the 
boundaries of the Sacramento Metro area consistent with our 
discretionary authority under sections 301(a) and 301(d)(4) of the CAA. 
The EPA has concluded that this final rule might have tribal 
implications for the purposes of Executive Order 13175 but will not 
impose substantial direct costs upon the tribes, nor would it preempt 
tribal law. As discussed in section III of our August 13, 2021 proposed 
rule, this action does not affect the implementation of NSR or title V 
programs in these areas of Indian country, nor does it affect projects 
proposed in these areas of Indian country that require federal permits, 
approvals, or funding under the EPA's general conformity rule. None of 
the affected tribes will be required to submit an implementation plan 
as a result of this reclassification.
    The EPA contacted tribal officials early in the process of 
developing this rulemaking to provide an opportunity to have meaningful 
and timely input into its development. On December 11, 2020, we sent 
letters to leaders of the four tribal governments representing the 
areas of Indian country in the nonattainment area offering government-
to-government consultation and seeking input on how we could best 
communicate with the tribes on this rulemaking effort. No tribes 
requested government-to-government consultation on this action.
    Executive Order 12898 establishes Federal executive policy on 
environmental justice. Its main provision directs Federal agencies, to 
the greatest extent practicable and permitted by law, to make 
environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. This reclassification action does not provide the EPA 
with the discretionary authority to address disproportionate human 
health or environmental effects with practical, appropriate, and 
legally permissible methods under Executive Order 12898.
    This final action also does not have federalism implications 
because it does not have substantial direct effects on the states, on 
the relationship between the National Government and the states, nor on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This final action does not alter the relationship or 
the distribution of power and responsibilities established in the CAA.
    This final rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because the EPA interprets 
Executive Order 13045 as applying only to those regulatory actions that 
concern health or safety risks, such that the analysis required under 
section 5-501 of Executive Order 13045 has the potential to influence 
the regulation.
    As this final rule 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 final rule does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 27,

[[Page 59650]]

2021. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this action for the 
purposes of judicial review nor does it extend the time within which a 
petition for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements. (See section 
307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, National parks, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds, Wilderness areas.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 22, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends part 81, 
chapter I, title 40 of the Code of Federal Regulations as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart C--Section 107 Attainment Status Designations

0
2. In Sec.  81.305, the table entitled ``California--2015 8-Hour Ozone 
NAAQS [Primary and Secondary]'' is amended by revising the entries for 
``Kern County (Eastern Kern), CA'', ``Nevada County (Western part), 
CA'', and ``Sacramento Metro, CA'' to read as follows:


Sec.  81.305   California.

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                                                           California--2015 8-Hour Ozone NAAQS
                                                                 [Primary and secondary]
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                                                                Designation                                           Classification
           Designated area \1\           ---------------------------------------------------------------------------------------------------------------
                                                   Date \2\                      Type                      Date \2\                      Type
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                                                                      * * * * * * *
Kern County (Eastern Kern), CA            ..........................  Nonattainment.............  11/29/21..................  Serious.
    Kern County (part):
        That portion of Kern County
         (with the exception of that
         portion in Hydrologic Unit
         Number 18090205--the Indian
         Wells Valley) east and south of
         a line described as follows:
         Beginning at the Kern-Los
         Angeles County boundary and
         running north and east along
         the northwest boundary of the
         Rancho La Liebre Land Grant to
         the point of intersection with
         the range line common to Range
         16 West and Range 17 West, San
         Bernardino Base and Meridian;
         north along the range line to
         the point of intersection with
         the Rancho El Tejon Land Grant
         boundary; then southeast,
         northeast, and northwest along
         the boundary of the Rancho El
         Tejon Grant to the northwest
         corner of Section 3, Township
         11 North, Range 17 West; then
         west 1.2 miles; then north to
         the Rancho El Tejon Land Grant
         boundary; then northwest along
         the Rancho El Tejon line to the
         southeast corner of Section 34,
         Township 32 South, Range 30
         East, Mount Diablo Base and
         Meridian; then north to the
         northwest corner of Section 35,
         Township 31 South, Range 30
         East; then northeast along the
         boundary of the Rancho El Tejon
         Land Grant to the southwest
         corner of Section 18, Township
         31 South, Range 31 East; then
         east to the southeast corner of
         Section 13, Township 31 South,
         Range 31 East; then north along
         the range line common to Range
         31 East and Range 32 East,
         Mount Diablo Base and Meridian,
         to the northwest corner of
         Section 6, Township 29 South,
         Range 32 East; then east to the
         southwest corner of Section 31,
         Township 28 South, Range 32
         East; then north along the
         range line common to Range 31
         East and Range 32 East to the
         northwest corner of Section 6,
         Township 28 South, Range 32
         East, then west to the
         southeast corner of Section 36,
         Township 27 South, Range 31
         East, then north along the
         range line common to Range 31
         East and Range 32 East to the
         Kern-Tulare County boundary.
 
                                                                      * * * * * * *
Nevada County (Western part), CA          ..........................  Nonattainment.............  11/29/21..................  Serious.
    Nevada County (part):
        That portion of Nevada County,
         which lies west of a line,
         described as follows: Beginning
         at the Nevada-Placer County
         boundary and running north
         along the western boundaries of
         Sections 24, 13, 12, 1,
         Township 17 North, Range 14
         East, Mount Diablo Base and
         Meridian, and Sections 36, 25,
         24, 13, 12, Township 18 North,
         Range 14 East to the Nevada-
         Sierra County boundary.
 
                                                                      * * * * * * *
Sacramento Metro, CA                      ..........................  Nonattainment.............  11/29/21..................  Serious.
    El Dorado County (part):
        All portions of the county
         except that portion of El
         Dorado County within the
         drainage area naturally
         tributary to Lake Tahoe
         including said Lake.
    Placer County (part):

[[Page 59651]]

 
        All portions of the county
         except that portion of Placer
         County within the drainage area
         naturally tributary to Lake
         Tahoe including said Lake, plus
         that area in the vicinity of
         the head of the Truckee River
         described as follows:
         Commencing at the point common
         to the aforementioned drainage
         area crestline and the line
         common to Townships 15 North
         and 16 North, Mount Diablo Base
         and Meridian, and following
         that line in a westerly
         direction to the northwest
         corner of Section 3, Township
         15 North, Range 16 East Mount
         Diablo Base and Meridian,
         thence south along the west
         line of Sections 3 and 10,
         Township 15 North, Range 16
         East, Mount Diablo Base and
         Meridian, to the intersection
         with the said drainage area
         crestline, thence following the
         said drainage area boundary in
         a southeasterly, then
         northeasterly direction to and
         along the Lake Tahoe Dam,
         thence following the said
         drainage area crestline in a
         northeasterly, then
         northwesterly direction to the
         point of beginning.
Sacramento County:
    Solano County (part):
        That portion of Solano County
         which lies north and east of a
         line described as follows:
         Beginning at the intersection
         of the westerly boundary of
         Solano County and the \1/4\
         section line running east and
         west through the center of
         Section 34; Township 6 North,
         Range 2 West, Mount Diablo Base
         and Meridian, thence east along
         said \1/4\ section line to the
         east boundary of Section 36,
         Township 6 North, Range 2 West,
         thence south \1/2\ mile and
         east 2.0 miles, more or less,
         along the west and south
         boundary of Los Putos Rancho to
         the northwest corner of Section
         4, Township 5 North, Range 1
         West, thence east along a line
         common to Township 5 North and
         Township 6 North to the
         northeast corner of Section 3,
         Township 5 North, Range 1 East,
         thence south along section
         lines to the southeast corner
         of Section 10, Township 3
         North, Range 1 East, thence
         east along section lines to the
         south \1/4\ corner of Section
         8, Township 3 North, Range 2
         East, thence east to the
         boundary between Solano and
         Sacramento Counties.
    Sutter County (part):
        Portion south of a line
         connecting the northern border
         of Yolo County to the SW tip of
         Yuba County and continuing
         along the southern Yuba County
         border to Placer County.
    Yolo County:
        Shingle Springs Band of Miwok
         Indians, Shingle Springs
         Rancheria.
        United Auburn Indian Community
         of the Auburn Rancheria of
         California.
        Wilton Rancheria.
        Yoca Dehe Winton Nation.
 
                                                                      * * * * * * *
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\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

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[FR Doc. 2021-23454 Filed 10-27-21; 8:45 am]
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