Rule2021-23454
Designation of Areas for Air Quality Planning Purposes; California; Eastern Kern, Sacramento Metro, and Western Nevada 2015 Ozone Nonattainment Areas; Reclassification to Serious
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Published
October 28, 2021
Effective
November 29, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
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<title>Federal Register, Volume 86 Issue 206 (Thursday, October 28, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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, <a href="/cdn-cgi/l/email-protection#28444d4d5a5b064a4d46684d5849064f475e"><span class="__cf_email__" data-cfemail="563a33332425783433381633263778313920">[email protected]</span></a>.
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.
* * * * *
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]
BILLING CODE 6560-50-P
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