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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Proposed Rules
not interfere with any applicable requirements of the CAA. The TSD has more information on our evaluation.
C. The EPAs Recommendations To Further Improve the Rule Our TSD for this action recommends several amendments to Rule 61.3.1, for consideration by the District the next time the rule is revised. Specifically, our TSD recommends amending the definition of vapor leak, removing language authorizing the use of the most current version of a specified ASTM test method, and adding a reference to the specific section of the California Code of Regulations that lists relevant vapor recovery system defects. Our TSD has more information regarding these recommendations.
D. Public Comment and Proposed Action As authorized in section 110k3 of the Act, the EPA proposes to fully approve the submitted rule because it fulfills all relevant requirements.
Additionally, because the District corrected the procedural deficiency preventing Rule 61.3.1s approval into the SIP and we are now proposing such approval, and because our analysis confirms that Rules 61.3.1 and 61.3
satisfy RACT requirements for sources covered by the Stage I Gasoline Transfer CTG, we propose to find that SDCAPCD
has rectified the deficiency identified in our partial disapproval of the Districts 2008 RACT SIP submittal with respect to the Stage I Gasoline Transfer CTG. If finalized, this action will stop the sanction and federal implementation plan clocks for this CTG source category. We will accept comments from the public on this proposal until July 7, 2021. If we take final action to approve the submitted rule, our final action will incorporate this rule into the federally enforceable SIP.

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III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the SDCAPCD rule described in Table 1
of this preamble. The EPA has made, and will continue to make, these materials available through https
www.regulations.gov and at the EPA
Region IX Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.

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IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
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. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of Section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the Clean Air Act;
and 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
59 FR 7629, February 16, 1994.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have
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tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 1, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.
FR Doc. 202111891 Filed 6421; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR09OAR20210341; FRL10024
59Region 9

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

In the Rules and Regulations section of this Federal Register, the Environmental Protection Agency EPA
is granting a request by the California Air Resources Board CARB or State to voluntarily reclassify the Eastern Kern nonattainment area Eastern Kern from Serious to Severe for the 2008 8-hour ozone National Ambient Air Quality Standards NAAQS under section 181b3 of the Clean Air Act CAA. In this action, the EPA is proposing a schedule for the State to submit revisions to the state implementation plan SIP addressing Severe area requirements and to submit revisions to the title V operating permit rules for this area. Under the EPAs proposed schedule, California would be required to submit SIP revisions addressing Severe area requirements for Eastern Kern, including revisions to New Source Review NSR rules, no later than 18 months from the effective date of the EPAs final rule reclassifying Eastern Kern to Severe. Submittal of any corresponding revisions to the title V
rules that apply in Eastern Kern would be due within six months of the effective date of the reclassification.
Lastly, the EPA is proposing a deadline for implementation of new Reasonably
SUMMARY:

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