30234 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 EPA’s 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 110(k)(3) 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 61.3.1’s 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 District’s 

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. 

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). 

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. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s 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. 104–4); 

• 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 12(d) 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 

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. 2021–11891 Filed 6–4–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0341; FRL–10024– 

59–Region 9] 

Severe Area Submission Requirements 

for the 2008 Ozone NAAQS; California; 

Eastern Kern Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: 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 181(b)(3) 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 EPA’s 

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 EPA’s 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 


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1 73 FR 16436 (March 27, 2008). 

2Throughout this document, we use the term 

‘‘Severe’’ to refer to Severe areas that have up to 15 

years to attain the ozone standards. The ozone area 

designation tables in 40 CFR part 81 specify 

‘‘Severe-15’’ to distinguish such areas from ‘‘Severe17’’ areas, which are Severe areas that have up to 

17 years to attain the ozone standards. 

3For the 2008 ozone NAAQS, the design value at 

each monitoring site is the annual fourth-highest 

daily maximum 8-hour average ozone 

concentration, averaged over three years. The 

design value for an area is the highest design value 

among the monitoring sites. 

4 Kern County is located in the southern-most 

portion of California’s Central Valley. The western 

portion of Kern County is part of the San Joaquin 

Valley air basin and is included within the San 

Joaquin Valley ozone nonattainment area. The 

eastern portion of Kern County is part of the Mojave 

Desert air basin. The Eastern Kern ozone 

nonattainment area covers the eastern portion of the 

county excluding Indian Wells Valley. For more 

detail on the boundaries of the Eastern Kern ozone 

nonattainment area, see the 2008 ozone table in 40 

CFR 81.305. 

5 77 FR 30088 (May 21, 2012). 

6 81 FR 26697 (May 4, 2016). 

7 83 FR 31334 (July 5, 2018). 

8Letter dated May 15, 2021, from Richard W. 

Corey, Executive Officer, CARB, to Deborah Jordan, 

Acting Regional Administrator, EPA Region IX. In 

the letter, CARB also requests reclassification of 

Eastern Kern to Serious for the 2015 ozone NAAQS. 

The EPA will take action on the reclassification 

request with respect to the 2015 ozone NAAQS in 

a separate rulemaking. 

Available Control Technology (RACT) 

rules as expeditiously as practicable but 

no later than 18 months from the date 

when the Severe area RACT SIP will be 

due. 

DATES: Comments must be received on 

or before July 7, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0341 at https://

www.regulations.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 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, 

Leers.Benjamin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Severe Area Requirements and Proposed 

Schedule 

A. Severe Area Plan Requirements 

B. NSR and Title V Program Revisions 

C. Federal Reformulated Gasoline 

III. Proposed Action and Request for Public 

Comment 

IV. Statutory and Executive Order Reviews 

I. Background 

In March 2008, the EPA strengthened 

the primary and secondary eight-hour 

ozone NAAQS from 0.08 parts per 

million (ppm) to 0.075 ppm (‘‘2008 

ozone NAAQS’’).1 In accordance with 

section 107(d) of the CAA, the EPA 

must designate an area ‘‘nonattainment’’ 

if it is violating the NAAQS or if it is 

contributing to a violation of the 

NAAQS in a nearby area. With respect 

to the ozone NAAQS, the EPA further 

classifies nonattainment areas as 

‘‘Marginal,’’ ‘‘Moderate,’’ ‘‘Serious,’’ 

‘‘Severe,’’ 2 or ‘‘Extreme,’’ depending 

upon the ozone design value for an 

area.3 See CAA section 181(a)(1). As a 

general matter, higher classified ozone 

nonattainment areas are subject to a 

greater number of, and more stringent, 

CAA planning requirements than lower 

classified areas but are allowed more 

time to attain the ozone NAAQS. See, 

generally, subpart 2 of part D of title I 

of the CAA. 

Effective July 20, 2012, the EPA 

designated and classified the Eastern 

Kern area 4 under the CAA as Marginal 

nonattainment for the 2008 8-hour 

ozone NAAQS.5 EPA’s classification of 

Eastern Kern as a Marginal ozone 

nonattainment area established a 

requirement that the area attain the 2008 

ozone NAAQS as expeditiously as 

practicable, but no later than three years 

from the date of designation as 

nonattainment, i.e., July 20, 2015. Under 

CAA section 181(b)(2), the EPA is 

required to determine whether an area 

attained the ozone NAAQS by the 

applicable attainment date. In May 

2016, the EPA found that Eastern Kern 

failed to attain the 2008 ozone NAAQS 

by the July 20, 2015 Marginal 

attainment date and reclassified the area 

as Moderate for the 2008 ozone NAAQS 

with a new maximum attainment date of 

July 20, 2018.6

On October 25, 2017, CARB submitted 

the ‘‘Eastern Kern Air Pollution Control 

District 2017 Ozone Attainment Plan for 

the Federal 75 ppb 8-Hour Ozone 

Standard’’ (‘‘the Eastern Kern 2017 

Ozone Plan’’), which included a request 

for voluntary reclassification of the 

Eastern Kern ozone nonattainment area 

from Moderate to Serious. Effective 

August 6, 2018, the EPA granted CARB’s 

request and reclassified the Eastern 

Kern ozone nonattainment area as 

Serious for the 2008 ozone NAAQS with 

a new maximum attainment date of July 

20, 2021.7

By letter dated May 15, 2021, CARB 

submitted a request from the Eastern 

Kern Air Pollution Control District 

(‘‘District’’) to the EPA to voluntarily 

reclassify the Eastern Kern ozone 

nonattainment area from Serious to 

Severe for the 2008 8-hour ozone 

NAAQS.8 In the Rules and Regulations 

section of this Federal Register, the EPA 

is granting California’s request and 

reclassifying the Eastern Kern area from 

Serious to Severe nonattainment for the 

2008 8-hour ozone NAAQS. In this 

action, we are proposing a schedule for 

the State to submit the plan elements for 

a Severe ozone nonattainment area. 

II. Severe Area Requirements and 

Proposed Schedule 

In this action, we are proposing to 

require the State to submit SIP revisions 

to address the requirements resulting 

from the EPA’s reclassification of 

Eastern Kern to Severe nonattainment 

for the 2008 ozone NAAQS by no later 

than 18 months from the effective date 

of the EPA’s final rule reclassifying 

Eastern Kern to Severe. Under this 

proposal, the State’s submittal(s) would 

need to include a Severe area plan that 

addresses the requirements of CAA 

section 182(d) as well as revisions to the 

NSR rules applicable to the area. We are 

also proposing a schedule for submittal 

of revised title V rules within six 

months of the effective date of the EPA’s 

final reclassification rule as explained 

in greater detail below. 

A. Severe Area Plan Requirements 

CARB must submit SIP revisions for 

Eastern Kern that satisfy the general air 

quality planning requirements under 

CAA section 172(c) and specific 

requirements for Severe areas under 


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9The EPA promulgated the SRR for the 2008 

ozone NAAQS at 40 CFR part 52, subpart AA. 10See, 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 1- 

hour ozone NAAQS). 11 40 CFR 51.1103. 

12A 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 70.5(a)(1)(i). 

13See the definitions of ‘‘covered area,’’ 

‘‘conventional gasoline,’’ and ‘‘reformulated 

gasoline’’ in CAA section 211(k)(10). 

14 40 CFR 1090.625. See also 85 FR 78412 at 

78430, footnote 70 (December 4, 2020). 

15 70 FR 75914 (December 21, 2005). 

CAA section 182(d), 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 EPA’s 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 301(a) 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 

181(b)(2) 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 

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 EPA’s final 

rule reclassifying Eastern Kern to Severe 

(assuming we finalize the proposed 18- 

month 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 EPA’s 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 182(d)(2). Under CAA 

section 182(d)(2), 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 

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 

California’s 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 California’s 

regulations that require the sale of 

CaRFG3 in the Eastern Kern area. 

Should California’s regulations no 

longer apply in the future, the EPA’s 

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 


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date of the date when the Severe area 

RACT SIP will be due, i.e., 36 months 

from the effective date of the EPA’s final 

rule reclassifying Eastern Kern to Severe 

(assuming we finalize the proposed 18- 

month schedule for submittal). We will 

accept comments from the public on 

this proposed rule for the next 30 days. 

The deadline and instructions for 

submission of comments are provided 

in the DATES and ADDRESSES sections at 

the beginning of this preamble. 

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 

proposed 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 reclassification, the timing of the 

submittal of the Severe area 

requirements does not impose a 

materially adverse impact under 

Executive Order 12866. For these 

reasons, this proposed 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 

proposed 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 proposed 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 

seeking comment solely on the timing of 

submittal requirements. 

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 the 

Executive Order 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.’’ There 

are no Indian reservation lands or other 

areas where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction within the Eastern Kern 

ozone nonattainment area, and thus, 

this proposed rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175. 

This proposed 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 

proposed action does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. 

This proposed 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 the Executive 

Order has the potential to influence the 

regulation. 

As this proposal would set 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 proposed 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.). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) 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. The 

EPA believes that this action, which 

addresses the timing for the submittal of 

Severe area ozone planning 

requirements, does not have 

disproportionately high and adverse 

human health or environmental health 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Volatile 

organic compounds. 

Dated: May 27, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–11706 Filed 6–4–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R10–RCRA–2021–0142; FRL–10023– 

45–Region 10] 

Hazardous Waste Management 

System; Proposed Exclusion for 

Identifying and Listing Hazardous 

Waste 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule and request for 

comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) (also, ‘‘the Agency’’ or 

‘‘we’’ in this preamble) is proposing 

technical amendments to an existing 

exclusion from the list of federal 

hazardous waste (delisting) issued to the 

United States Department of Energy 

(Energy) under the Resource 

Conservation and Recovery Act. These 

modifications address changes to the 

200-Area Effluent Treatment System 

associated with the delisting necessary 

to accept liquid effluents expected to be 

generated from vitrification of certain 

low-activity mixed wastes at the 

Hanford Federal Facility, or Hanford 

Site, in Richland, Washington. 

DATES: Comments must be received on 

or before July 7, 2021. Requests for an 

informal hearing must reach the EPA by 

June 22, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

RCRA–2021–0142 via 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

Due to restrictions related to COVID–19, 

submission of comments via mail or 

hand delivery is not feasible at this 

time. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–RCRA–2021– 

0142. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 

personal information provided, unless 


khammond on DSKJM1Z7X2PROD with PROPOSALS