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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations 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: John Ungvarsky, Air Planning Office AIR2, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, 415 972
3963 or ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Summary of the Proposed Action II. Public Comments and EPA Responses III. Final Action IV. Statutory and Executive Order Reviews
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I. Summary of the Proposed Action On October 28, 2020, the EPA
proposed to approve, under Clean Air Act CAA section 110k3, and to conditionally approve, under CAA
section 110k4, all or portions of three submittals from the California Air Resources Board CARB and the Eastern Kern Air Pollution Control District EKAPCD or District as revisions to the California SIP for the Eastern Kern ozone nonattainment area.1 The three SIP revisions include the 2017 Ozone Attainment Plan For 2008 Federal 75 ppb 8-Hour Ozone Standard Eastern Kern 2017 Ozone Plan,2 the Eastern Kern portion of the 2018 Updates to the California State Implementation Plan 2018 SIP
Update,3 and the Transportation 1 85 FR 68268. Eastern Kern is located on the western edge of the Mojave Desert, separated from populated valleys and coastal areas to the west and south by several mountain ranges. For a precise description of the geographic boundaries of the Eastern Kern ozone nonattainment area, see 40 CFR
81.305.
2 Submitted by letter dated October 25, 2017, from Richard W. Corey, Executive Officer, CARB, to Alexis Strauss, Acting Regional Administrator, EPA
Region IX.
3 Submitted electronically on December 11, 2018
as an attachment to a letter dated December 5, 2018
from Richard W. Corey, Executive Officer, CARB, to
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Conformity Budget State Implementation Plan Update for the Eastern Kern 2017 Ozone Attainment Plan 2020 Conformity Budget Update.4 Collectively, we refer to the relevant portions of the three SIP
revisions as the 2017 Eastern Kern Ozone SIP, and we refer to our October 28, 2020 proposed rule as the proposed rule.
In our proposed rule, we provided background information on the ozone standards,5 area designations, related SIP revision requirements under the CAA, and the EPAs implementing regulations for the 2008 ozone standards, referred to as the 2008 Ozone SIP Requirements Rule 2008 Ozone SRR. To summarize, at the time of our proposed rule, the Eastern Kern ozone nonattainment area was classified as Serious for the 2008 ozone NAAQS, and the 2017 Eastern Kern Ozone SIP
was developed to address the statutory and regulatory requirements for revisions to the SIP for the Eastern Kern Serious ozone nonattainment area.6
In our proposed rule, we also discussed a decision issued by the D.C.
Circuit Court of Appeals in South Coast Air Quality Management Dist. v. EPA
South Coast II 7 that vacated certain portions of the EPAs 2008 Ozone SRR.
The only aspect of the South Coast II
decision that affects this action is the vacatur of the provision in the 2008
Ozone SRR that allowed states to use an alternative baseline year for demonstrating reasonable further Mike Stoker, Regional Administrator, EPA Region IX.
4 Submitted electronically on August 31, 2020, as an attachment to a letter dated August 25, 2020, from Richard W. Corey, Executive Officer, CARB, to John Busterud, Regional Administrator, EPA Region IX.
5 Ground-level ozone pollution is formed from the reaction of volatile organic compounds VOC and oxides of nitrogen NOX in the presence of sunlight. The 1-hour ozone NAAQS is 0.12 parts per million ppm one-hour average, the 1997
ozone NAAQS is 0.08 ppm eight-hour average, and the 2008 ozone NAAQS is 0.075 ppm eighthour average. CARB refers to reactive organic gases ROG in some of its ozone-related submittals. The CAA and the EPAs regulations refer to VOC, rather than ROG, but both terms cover essentially the same set of gases. In this final rule, we use the term VOC
to refer to this set of gases.
6 On May 15, 2021, CARB requested that the EPA
voluntarily reclassify Eastern Kern to Severe for the 2008 ozone NAAQS, and we approved the reclassification to Severe on June 7, 2021 86 FR
30204, with a new attainment date of July 20, 2027.
7 South Coast Air Quality Management Dist. v.
EPA, 882 F.3d 1138 D.C. Cir. 2018. The term South Coast II is used in reference to the 2018
court decision to distinguish it from a decision published in 2006 also referred to as South Coast.
The earlier decision involved a challenge to the EPAs Phase 1 implementation rule for the 1997
ozone standard. South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 D.C. Cir.
2006.

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progress RFP. To address this, in the 2018 SIP Update, CARB submitted an updated RFP demonstration that relied on a 2011 baseline year as required.8
For our proposed rule, we reviewed the various SIP elements contained in the 2017 Eastern Kern Ozone SIP other than the reasonably available control measures RACM demonstration or the attainment demonstration, evaluated them for compliance with statutory and regulatory requirements, and concluded that they meet all applicable requirements, except for the contingency measure requirement, for which the EPA proposed conditional approval. More specifically, in our proposal rule, we based our proposed actions on the following determinations:
CARB and the District met all applicable procedural requirements for public notice and hearing prior to the adoption and submittal of the Eastern Kern 2017 Ozone Plan, 2018 SIP
Update, and 2020 Conformity Budget Update see 85 FR 68271 from the proposed rule;
The 2012 base year emissions inventory from the Eastern Kern 2017
Ozone Plan is comprehensive, accurate, and current and thereby meets the requirements of CAA sections 172c3
and 182a1 and 40 CFR 51.1115 for the 2008 ozone NAAQS. Additionally, the future year baseline projections reflect appropriate calculation methods and the latest planning assumptions and are properly supported by the SIPapproved stationary and mobile source measures see 85 FR 6827168273, 6827468276 from the proposed rule;
The emissions statement element of the Eastern Kern 2017 Ozone Plan, including District Rule 108.2 Emission Statement Requirements meets the requirements for emissions statements under CAA section 182a3B and 40
CFR 51.1102 for the 2008 ozone NAAQS
see 85 FR 6827368274 from the proposed rule;
The 15 percent rate-of-progress ROP demonstration element in the Eastern Kern 2017 Ozone Plan meets the requirements of CAA section 182b1
for the Eastern Kern ozone nonattainment area for the 2008 ozone NAAQS based on the previouslyapproved ROP demonstration for the 8 In a letter dated December 18, 2019, from Richard W. Corey, Executive Officer, CARB, to Michael Stoker, Regional Administrator, EPA
Region 9, CARB requested withdrawal of the RFP
demonstration included in the Eastern Kern 2017
Ozone Plan submitted in October 2017. The RFP
demonstration in the 2018 SIP Update replaced the demonstration in the Eastern Kern 2017 Ozone Plan.

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