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

CourtEnvironmental Protection Agency
Citation86 FR 47580
Record Number2021-18344
Publication Date26 Aug 2021
Federal Register, Volume 86 Issue 163 (Thursday, August 26, 2021)
[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]
                BILLING CODE 6560-50-P
                

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