[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Rules and Regulations]
[Pages 53294-53297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18898]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2015-0711; FRL-9949-84-Region 9]


Approval and Promulgation of Implementation Plans; California; 
San Joaquin Valley; Revisions to Motor Vehicle Emissions Budgets for 
Ozone and Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve and conditionally approve revisions to the State of 
California's State Implementation Plan (SIP) for the San Joaquin Valley 
(SJV) area. The revisions consist of an update to the Motor Vehicle 
Emissions Budgets (``budgets'') for nitrogen oxides (NOX) 
and volatile organic compounds (VOCs) for the 1997 8-hour ozone 
national ambient air quality standard (NAAQS or ``standard'') for the 
SJV ozone nonattainment area and for NOX and coarse 
particulate matter (PM10) for the 1987 24-hour 
PM10 standard for the SJV PM10 maintenance area. 
The EPA is approving the SJV ozone revised budgets and conditionally 
approving the PM10 budgets in accordance with the 
requirements of the Clean Air Act (CAA or ``Act'') and the EPA's 
regulations.

DATES: This rule is effective on September 30, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R09-OAR-2015-0711. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information 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 http://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region 9, (415) 972-
3963, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On May 18, 2016 (81 FR 31212), the EPA proposed, under section 
110(k)(3) of the Clean Air Act (CAA or ``Act''), to approve a revision 
to the California SIP submitted by the California Air Resources Board 
(CARB) on November 13, 2015.\1\ The SIP submittal revises budgets 
applicable to control strategy or maintenance plans for the SJV for the 
1997 8-hour ozone standard, 2006 24-hour PM2.5 standard, and 
the 1987 24-hour PM10 standard.\2\ In our May 18, 2016 
action, we proposed to approve revised budgets for the 1997 8-hour 
ozone standard and the 2006 24-hour PM2.5 standard. We also 
proposed to conditionally approve revised budgets for the 1987 24-hour 
PM10 standard. CARB developed the revised budgets using 
EMFAC2014 and the travel activity projections provided by the SJV 
Metropolitan Planning Organizations (MPOs) consistent with the 2015 
Federal Transportation Improvement Program (TIP). As such, the revised 
budgets reflect the most recent planning forecasts and are based on the 
most recent emission factor data and approved calculation methods.
---------------------------------------------------------------------------

    \1\ Letter, Richard W. Corey, Executive Officer, CARB to Jared 
Blumenfeld, Regional Administrator, EPA Region 9, November 13, 2015 
with enclosures.
    \2\ For all three pollutants, the SJV nonattainment area 
includes all of seven counties, including Fresno, Kings, Madera, 
Merced, San Joaquin, Stanislaus, and Tulare counties, and the 
western half of Kern County. See the NAAQS-specific tables in 40 CFR 
81.305.
---------------------------------------------------------------------------

    The EPA previously approved the SJV budgets for the 1997 8-hour 
ozone standard and the 24-hour PM10 standard. The ozone 
budgets were

[[Page 53295]]

included in the EPA's approval of the SJV 2007 8-hour Ozone Plan 
(``2007 Ozone Plan'') at 77 FR 12652 (March 1, 2012), which established 
NOX and VOC \3\ budgets for 2011, 2014, 2017, 2020, and 
2023.\4\ The PM10 budgets were included in the EPA's 
approval of the 2007 PM10 Maintenance Plan and Request for 
Redesignation (``2007 PM10 Plan'') at 73 FR 66759 (November 
12, 2008), which established direct PM10 and NOX 
budgets for 2005 and 2020.\5\ The SJV budgets for the 2006 24-hour 
PM2.5 standard were included in the EPA's proposed approval 
of the SJV 2012 PM2.5 Plan (``2012 PM2.5 Plan'') 
at 80 FR 1816 (January 13, 2015). The EPA found the 2017 
PM2.5 budgets in the SJV 2012 PM2.5 Plan to be 
adequate at 81 FR 22194 (April 15, 2016), establishing direct 
PM2.5 and NOX budgets for 2017. As of May 2, 
2016, these budgets must be used to determine conformity of 
transportation plans and TIPs to the control strategy plan for the SJV 
for the 2006 24-hour PM2.5 standard.\6\
---------------------------------------------------------------------------

    \3\ California plans sometimes use the term Reactive Organic 
Gases (ROG) for VOC. These terms are essentially synonymous. For 
simplicity, we use the term VOC herein to mean either VOC or ROG.
    \4\ The approved 2007 Ozone Plan includes the SJV 2007 Ozone 
Plan (as revised 2008 and 2011) and SJV-related portions of CARB's 
2007 State Strategy (revised 2009 and 2011).
    \5\ The approved SIP includes the 2007 PM10 
Maintenance Plan and Request for Redesignation, September 20, 2007, 
and technical corrections by CARB to the 2020 budgets for Merced, 
San Joaquin, Stanislaus and Tulare counties in the 2007 
PM10 Plan. See May 13, 2008 letter to Wayne Nastri from 
James N. Goldstene.
    \6\ Also see letter, Elizabeth J. Adams, Deputy Director, Air 
Division, EPA Region 9, to Richard W. Corey, Executive Officer, 
CARB, April 1, 2016 with enclosures.
---------------------------------------------------------------------------

    In our May 18, 2016 proposed rule, we reviewed the revised budgets 
for the 1997 8-hour ozone standard in the November 13, 2015 submittal, 
evaluated them for compliance with statutory and regulatory 
requirements, and concluded that they meet all applicable requirements. 
More specifically, under CAA section 110(k)(3), we proposed to approve 
the revised VOC and NOX budgets in table 1 for 2017, 2020, 
and 2023 for the 1997 8-hour ozone standard. We determined that 
replacement of the current approved budgets with the revised VOC and 
NOX budgets would not interfere with the approved RFP and 
attainment demonstrations for the 1997 8-hour ozone standard in the SJV 
and emissions changes in non-motor vehicle emissions categories do not 
change the overall conclusions of the 2007 Ozone Plan.

                    Table 1--San Joaquin Valley Revised Budgets Developed for the 1997 8-Hour Ozone Standard Using EMFAC2014 \7\ \8\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    NOX  (tons per summer day)                      VOC  (tons per summer day)
                     County subarea                      -----------------------------------------------------------------------------------------------
                                                               2017            2020            2023            2017            2020            2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fresno..................................................            29.9            24.3            14.6             8.7             6.8             5.6
Kern (SJV)..............................................            26.8            22.4            12.9             6.9             5.7             4.8
Kings...................................................             5.5             4.7             2.7             1.4             1.1             0.9
Madera..................................................             5.5             4.5             2.7             2.0             1.6             1.3
Merced..................................................            10.3             8.5             5.1             2.7             2.1             1.7
San Joaquin.............................................            14.1            11.3             7.3             6.4             5.1             4.3
Stanislaus..............................................            11.3             9.2             5.8             4.1             3.2             2.7
Tulare..................................................            10.3             8.1             4.9             4.0             3.1             2.5
--------------------------------------------------------------------------------------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \7\ The county-specific budgets are set forth in attachment A to 
CARB Resolution 15-50. Attachment A constitutes the SIP revision 
adopted by CARB on October 22, 2015 and submitted on November 13, 
2015. CARB provided information and analysis supporting the SIP 
revision in a staff report titled Updated Transportation Conformity 
Budgets for the San Joaquin Valley Ozone, PM2.5, and 
PM10 State Implementation Plans, release date September 
21, 2015.
    \8\ CARB calculated the revised budgets for the SJV plans by 
taking the sum of the county-by-county emissions results from EMFAC 
and rounding the SJV-wide total up to the nearest whole ton for 
NOX and to the nearest tenth of a ton for VOC and 
PM10; then re-allocating to the individual counties based 
on the ratio of each county's contribution to the total; and then 
rounding each county's emissions to the nearest tenth of a ton using 
the conventional rounding method.
---------------------------------------------------------------------------

    Second, under CAA section 110(k)(4), the EPA proposed to 
conditionally approve the revised direct PM10 and 
NOX budgets in table 2 for 2020 for the 24-hour 
PM10 standard. We determined that, when combined with 
implementation of the contingency plan in the SIP-approved 2007 
PM10 Plan and fulfillment of the commitments in the State's 
April 29, 2016 letter, the revised direct PM10 and 
NOX budgets will allow the SJV to continue to demonstrate 
maintenance of the 24-hour PM10 standard. The contents of 
the State's April 29, 2016 letter are described in detail in our 
proposed rule on pages 31220 and 31221. In our proposal, we explained 
that if the conditional approval is finalized, CARB must adopt and 
submit the SIP revisions that it has committed to submit by June 1, 
2017. The resulting impacts if CARB fails to comply with this 
commitment are explained below in section III of today's action.

 Table 2--San Joaquin Valley Revised 2020 Budgets for the PM10 Standard
                   Developed Using EMFAC2014 \9\ \10\
------------------------------------------------------------------------
                                            Direct PM10
             County subarea                  (tons per    NOX  (tons per
                                            annual day)     annual day)
------------------------------------------------------------------------
Fresno..................................             7.0            25.4
Kern (SJV)..............................             7.4            23.3
Kings...................................             1.8             4.8
Madera..................................             2.5             4.7
Merced..................................             3.8             8.9
San Joaquin.............................             4.6            11.9
Stanislaus..............................             3.7             9.6
Tulare..................................             3.4             8.4
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \9\ The county-specific budgets are set forth in attachment A to 
CARB Resolution 15-50. Attachment A constitutes the SIP revision 
adopted by CARB on October 22, 2015 and submitted on November 13, 
2015. CARB provided information and analysis supporting the SIP 
revision in a staff report titled Updated Transportation Conformity 
Budgets for the San Joaquin Valley Ozone, PM2.5, and 
PM10 State Implementation Plans, release date September 
21, 2015.
    \10\ CARB calculated the revised budgets for the SJV plans by 
taking the sum of the county-by-county emissions results from EMFAC 
and rounding the SJV-wide total up to the nearest whole ton for 
NOX and to the nearest tenth of a ton for VOC and 
PM10; then re-allocating to the individual counties based 
on the ratio of each county's contribution to the total; and then 
rounding each county's emissions to the nearest tenth of a ton using 
the conventional rounding method.

---------------------------------------------------------------------------

[[Page 53296]]

    Third, the EPA also proposed to approve the revised direct 
PM2.5 and NOX budgets for 2017 for the 2006 24-
hour PM2.5 standard. We determined that: (1) Replacement of 
the current adequate budgets with the revised budgets would be 
consistent with our separate proposal finding that the 2012 
PM2.5 Plan demonstrates RFP for year 2017; (2) emissions 
changes in non-motor vehicle emissions categories do not change the 
overall conclusion of the 2012 PM2.5 Plan; and (3) the 
revised budgets meet the adequacy criteria in 40 CFR 93.118(e)(4)(i)-
(vi). Because the EPA has yet to finalize its approval of 2012 
PM2.5 Plan, we are not able to finalize, in today's action, 
our approval of the revised direct PM2.5 and NOX 
budgets for 2017 in CARB's submittal dated November 13, 2015 for the 
2006 24-hour PM2.5 standard. The EPA expects to take final 
action on the revised PM2.5 budgets for 2017 as part of its 
final action on the 2012 PM2.5 Plan for the 2006 24-hour 
PM2.5 standard.
    Lastly, on the effective date of today's action, the previously-
approved budgets for the 1997 8-hour ozone standard and the 1987 24-
hour PM10 standard would no longer be applicable for 
transportation conformity purposes, and the SJV MPOs and the U.S. 
Department of Transportation (DOT) must use the revised budgets for 
future transportation conformity determinations.
    Please see our May 18, 2016 proposed rule for more information 
concerning the background for this action and for a more detailed 
discussion of the rationale for approval of the revised budgets.

II. Public Comments

    Our May 18, 2016 proposed rule provided a 30-day public comment 
period, which closed on June 17, 2016. We received no comments on our 
proposal during this period.

III. Final Action

    For the reasons discussed in the May 18, 2016 proposed rule and 
summarized above, the EPA is approving, or conditionally approving, 
revised motor vehicle emissions budgets submitted on November 13, 2015 
by CARB for the SJV area as a revision to the California SIP. More 
specifically, the EPA is approving, under CAA section 110(k)(3), 
revised VOC and NOX budgets shown in table 1 above for 2017, 
2020, and 2023 for the 1997 8-hour ozone standard. The EPA is 
conditionally approving, under CAA section 110(k)(4), the revised 
direct PM10 and NOX budgets shown in table 2 
above for 2020 for the 24-hour PM10 standard. CARB must 
adopt and submit the SIP revisions that it has committed to submit by 
June 1, 2017, as described in their April 29, 2016 letter. If CARB 
fails to comply with this commitment, the conditional approval will 
convert to a disapproval. Disapproval of the revised budgets for the 
2007 PM10 Plan would reinstate the existing approved budgets 
as the budgets that must be used in transportation plan and TIP 
conformity determinations after the effective date of the disapproval. 
See 40 CFR 93.109(c)(1).\11\
---------------------------------------------------------------------------

    \11\ Because the submittal of the revised budgets is not a 
required submittal, disapproval would not trigger sanctions under 
CAA section 179(a)(2) but would nonetheless trigger a two-year clock 
for a federal implementation plan under CAA section 110(c). 
Disapproval would not trigger a transportation conformity freeze 
because the disapproval does not affect a control strategy 
implementation plan as defined in the transportation conformity 
rule. See 40 CFR 93.101 and 93.120(a).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the CAA, 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 CAA. Accordingly, this 
action merely approves revisions to motor vehicle emission budgets as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 CAA; 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).
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (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 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian Tribes.''
    Eight Indian tribes are located within the boundaries of the SJV 
air quality planning area for the 1997 8-hours ozone standard and 24-
hour PM10 standard: The Big Sandy Rancheria of Mono Indians 
of California, the Cold Springs Rancheria of Mono Indians of 
California, the North Fork Rancheria of Mono Indians of California, the 
Picayune Rancheria of Chukchansi Indians of California, the Santa Rosa 
Rancheria of the Tachi Yokut Tribe, the Table Mountain Rancheria of 
California, the Tejon Indian Tribe, and the Tule River Indian Tribe of 
the Tule River Reservation.
    The EPA's approval into the SIP of the SJV revised budgets 
submitted by CARB would not have tribal implications because 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 SIP approvals do 
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

[[Page 53297]]

FR 67249, November 9, 2000). Therefore, the EPA has concluded that the 
action will not have tribal implications for the purposes of Executive 
Order 13175, and will not impose substantial direct costs upon the 
tribes, nor will it preempt Tribal law. We note that none of the tribes 
located in the SJV has requested eligibility to administer programs 
under the CAA.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by October 11, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental regulations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
dioxide, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 8, 2016.
Alexis Strauss,
Acting Regional Administrator, EPA Region 9.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(476) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (476) The following revision was submitted on November 13, 2015 by 
the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) California Air Resources Board.
    (1) Attachment A to Resolution 15-50, ``Updates to the 
Transportation Conformity Budgets for the San Joaquin Valley 2007 
PM10, 2007 Ozone and 2012 PM2.5 SIPs,'' Table A-1 
(Updated Transportation Conformity Budgets for the 2008 Ozone Plan 
(Tons per summer day) and Table A-3 (Updated Transportation Conformity 
Budgets for the 2008 PM10 Maintenance Plan (Tons per annual 
day)).
* * * * *

0
3. Subpart F is amended by adding Sec.  52.248 to read as follows:


Sec.  52.248  Identification of plan--conditional approval.

    The EPA is conditionally approving a California State 
Implementation Plan (SIP) revision submitted on November 13, 2015 
updating the motor vehicle emissions budgets for nitrogen oxides 
(NOX) and coarse particulate matter (PM10) for 
the 1987 24-hour PM10 standard for the San Joaquin Valley 
PM10 maintenance area. The conditional approval is based on 
a commitment from the State to submit a SIP revision that demonstrates 
full implementation of the contingency provisions of the 2007 
PM10 Maintenance Plan and Request for Redesignation 
(September 20, 2007). If the State fails to meets its commitment by 
June 1, 2017, the approval is treated as a disapproval.

[FR Doc. 2016-18898 Filed 8-11-16; 8:45 am]
 BILLING CODE 6560-50-P