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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules
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CAA section 182d, as interpreted and described in the final SIP Requirements Rule for the 2008 ozone NAAQS. See 40
CFR 51.1100 et seq.
For areas initially designated Severe, the CAA and the EPAs ozone SIP
Requirements Rules SRR for the 2008
ozone NAAQS 9 generally provide, depending on the element, up to four years from the date of designation to submit the required SIP elements to the EPA. The statutory deadline for all SIP
submissions for areas initially designated as Severe for the 2008 ozone NAAQS was July 20, 2016 excluding the CAA section 185 fee program.
Because the deadlines for areas initially designated as Severe have passed except for the CAA section 185 fee program, the EPA is invoking its general CAA section 301a authority to propose a new deadline of 18 months from the effective date of the final rule reclassifying Eastern Kern as Severe for the State to submit SIP revisions addressing the Severe area requirements for Eastern Kern.
For ozone areas reclassified by operation of law under CAA section 181b2 from Moderate to Serious, we have generally established 12-month SIP
submission deadlines.10 However, we find that an 18-month schedule for submittal of SIP revisions is appropriate for reclassifications from Serious to Severe given the longer interval to the maximum attainment date associated with areas reclassified to Severe as compared to areas reclassified to Serious. That is, the maximum attainment dates extend from six to nine years from the effective date of designation for areas reclassified from Moderate to Serious, but from nine to 15
years for areas reclassified from Serious to Severe.11 Therefore, we find that providing a longer period for submittal of SIP revisions addressing Severe area requirements for Eastern Kern is appropriate and allows CARB and the District to finish reviews of available control measures, adopt revisions to necessary control strategies, address other SIP requirements and complete the public notice process necessary to adopt and submit timely SIP revisions.
Lastly, while the deadline for submittal of the CAA section 185 fee program for areas originally classified as Severe has 9 The EPA promulgated the SRR for the 2008
ozone NAAQS at 40 CFR part 52, subpart AA.
10 See, e.g., 75 FR 79302 Dec. 20, 2010 DallasFt. Worth, Texas, reclassification to Serious for the 1997 8-hour ozone NAAQS; 69 FR 16483 March 30, 2004 Beaumont-Port Arthur, Texas, reclassification to Serious for the 1979 1-hour ozone NAAQS; 68 FR 4836 Jan. 30, 2003 St. Louis, Missouri, reclassification to Serious for the 1979 1hour ozone NAAQS.
11 40 CFR 51.1103.

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not yet expired, we are proposing the same schedule for submittal of the CAA
section 185 fee program for Eastern Kern as for the other Severe area SIP
requirements to assure consistency among the required submissions.
With respect to implementation of new RACT controls in Eastern Kern, we are proposing that such controls be implemented as expeditiously as practicable, but no later than 18 months from the date when the Severe area RACT SIP will be due, i.e., 36 months from the effective date of the EPAs final rule reclassifying Eastern Kern to Severe assuming we finalize the proposed 18month schedule for submittal. We believe that such an implementation deadline appropriately balances the necessity of providing sources sufficient time to come into compliance with the new RACT controls while also ensuring that RACT controls are in place in time to provide for attainment consistent with the overarching goal of improving air quality as quickly as possible to improve public health outcomes.
B. NSR and Title V Program Revisions In section II.A of this proposed rule, we are proposing a deadline of no later than 18 months from the effective date of EPAs final rule reclassifying Eastern Kern to Severe for submittal of revised District NSR rules as a SIP revision. The District NSR rules for Eastern Kern must be revised to reflect the Severe area definitions for new major sources and major modifications and to increase the offset ratios for these sources consistent with CAA section 182d2. Under CAA
section 182d2, the volatile organic compound and oxides of nitrogen offset ratios for major sources and modifications in a Severe nonattainment area must be at least 1.3 to 1, or at least 1.2 to 1 if the plan requires all existing major sources in the nonattainment area to use best available control technology.
The District must also make any changes in its title V operating permits program for Eastern Kern necessary to reflect the change in the major source threshold from 50 tons per year for Serious areas to 25 tons per year for Severe areas. We are proposing a deadline of six months from the effective date of reclassification to Severe for the District to submit the required title V revisions. Given the narrow scope of the required revisions, we consider a deadline of six months from the effective date of reclassification as a sufficient period of time to allow the District to make the required changes without imposing a lengthy delay in the requirement for sources
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newly subject to the title V program to submit a timely application.12
C. Federal Reformulated Gasoline The Clean Air Act requires that the sale of conventional gasoline be prohibited in any ozone nonattainment area that is reclassified as Severe, resulting in federal reformulated gasoline RFG being sold in any such area.13 The prohibition on the sale of conventional gasoline takes effect one year after the effective date of the reclassification to Severe. California law requires the sale of California Phase 3
RFG CaRFG3 throughout the state, and the EPA has exempted gasoline fuel meeting the CaRFG3 regulations from the requirements that would otherwise apply under the federal RFG
regulations.14 We issued this exemption because we found that gasoline complying with the CaRFG3 regulations provides emissions benefits equivalent to federal RFG regulations and because Californias compliance and enforcement program is sufficiently rigorous to assure that the standards are met.15 Thus, reclassification of Eastern Kern to Severe does not impact the continued applicability of Californias regulations that require the sale of CaRFG3 in the Eastern Kern area.
Should Californias regulations no longer apply in the future, the EPAs RFG regulations would apply in keeping with the CAA. In a separate action, the EPA would add Eastern Kern to the list of federal RFG covered areas in 40 CFR
part 1090.
III. Proposed Action and Request for Public Comment For the reasons provided above, the EPA is proposing to establish a deadline of no later than 18 months from the effective date of the final rule reclassifying Eastern Kern as Severe for the State of California to submit SIP
revisions addressing all Severe area SIP
elements for the Eastern Kern ozone nonattainment area. We are proposing to establish a deadline of six months for any necessary revisions to the title V
rules for the Eastern Kern area. The EPA
is proposing a deadline for implementation of new RACT controls as expeditiously as practicable but no later than 18 months from the effective 12 A source newly subject to the title V permit program is required to submit a title V application within 12 months after the source becomes subject to the program. See 40 CFR 70.5a1i.
13 See the definitions of covered area, conventional gasoline, and reformulated gasoline in CAA section 211k10.
14 40 CFR 1090.625. See also 85 FR 78412 at 78430, footnote 70 December 4, 2020.
15 70 FR 75914 December 21, 2005.

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