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Federal Register / Vol. 86, No. 163 / Thursday, August 26, 2021 / Rules and Regulations
representative or other appropriate means in accordance with 33 CFR 165.7.
2 These security zones may be enforced individually or simultaneously.
Dated: August 20, 2021.
Jonathan D. Theel, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
FR Doc. 202118427 Filed 82521; 8:45 am BILLING CODE 911004P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR09OAR20210341; FRL872802
R9

Severe Area Submission Requirements for the 2008 Ozone NAAQS; California;
Eastern Kern Nonattainment Area Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

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. EPAR09OAR20210341. 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.

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SUMMARY:

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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 AIR2, EPA
Region IX, 415 9474279, leers.ben@
epa.gov.
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 181b3 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
Our June 7, 2021 proposed rule includes background information concerning the EPAs 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 EPAs final rule reclassifying Eastern Kern to Severe for the 2008
ozone NAAQS. We also proposed to 1 86
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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 EPAs 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 301a 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
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