[Federal Register Volume 81, Number 202 (Wednesday, October 19, 2016)]
[Rules and Regulations]
[Pages 71997-72002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25164]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0499; FRL-9954-20-Region 9]


Approval and Promulgation of Implementation Plan; California; 
Calaveras County, Chico (Butte County), San Francisco Bay Area and San 
Luis Obispo County (Eastern San Luis Obispo) Base Year Emission 
Inventories for the 2008 Ozone Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the California State 
Implementation Plan (SIP) concerning the base year emission inventories 
(EIs) for four areas designated as nonattainment areas (NAAs) for the 
2008 ozone National Ambient Air Quality Standards (2008 ozone NAAQS). 
The subject areas include Calaveras County, Chico (Butte County), San 
Francisco Bay Area and San Luis Obispo (Eastern San Luis Obispo). We 
are approving these revisions under the Clean Air Act (CAA or ``the 
Act'').

DATES: This rule is effective on December 19, 2016 without further 
notice, unless the EPA receives adverse comments by November 18, 2016. 
If we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0499 at http://www.regulations.gov, or via email to Nancy 
Levin, Air Planning Office at [email protected]. For comments 
submitted at Regulations.gov, follow the online instructions for 
submitting comments. Once submitted, comments cannot be removed or 
edited from Regulations.gov. For either manner of submission, 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848, [email protected].

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

Table of Contents

I. Background
II. Summary and Analysis of the State's Submittal
    A. Statutory and Regulatory Requirements
    1. Procedural Requirements for Adoption and Submittal of SIP 
Revisions
    2. Requirements for Base Year Inventories
    B. Summary of the State's Submittal
    1. Stationary Source Emissions
    2. Area-wide Source Emissions
    3. Off-Road Mobile Source Emissions
    4. Onroad Mobile Source Emissions
    C. The EPA's Evaluation of the State's Submittal
    1. Evaluation of Procedural Requirements
    2. Evaluation of Base Year Inventory Requirements
    D. Public Comment and Final Action
III. Statutory and Executive Order Reviews

I. Background

    On March 12, 2008, the EPA strengthened the primary and secondary 
eight-hour ozone NAAQS to 0.075 parts per million (ppm) (73 FR 
16436).\1\ In

[[Page 71998]]

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.
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    \1\ Since the 2008 primary and secondary NAAQS for ozone are 
identical, for convenience, we refer to both as ``the 2008 ozone 
NAAQS'' or ``the 2008 ozone standard.''
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    The EPA designated 18 areas in California as nonattainment for the 
2008 ozone NAAQS on May 21, 2012, effective July 20, 2012 (77 FR 30088, 
codified at 40 CFR 81.305). The Calaveras County, Chico (Butte County), 
Imperial County, Kern County (Eastern Kern), Mariposa County, Nevada 
County (Western part), San Diego County, San Francisco Bay Area, San 
Luis Obispo (Eastern San Luis Obispo) and Tuscan Buttes NAAs were 
classified (by operation of law) as ``Marginal'' nonattainment. The EPA 
classified the Ventura County NAA as ``Serious'' nonattainment. The EPA 
classified the Los Angeles-San Bernardino Counties (West Mojave 
Desert), Riverside County (Coachella Valley) and Sacramento Metro NAAs 
as ``Severe-15'' nonattainment. The EPA classified the Los Angeles-
South Coast Air Basin and San Joaquin Valley NAAs as ``Extreme'' 
nonattainment. The EPA designated the lands of the Pechanga Band of 
Luise[ntilde]o Mission Indians of the Pechanga Reservation and the 
Morongo Band of Mission Indians in Southern California as separate NAAs 
and classified them as ``Moderate'' and Serious nonattainment, 
respectively.
    The EPA proposed the 2008 ozone NAAQS SIP Requirements Rule (SRR) 
on June 6, 2013 (78 FR 34178) and finalized the SRR on March 6, 2015 
(80 FR 12264, codified at 40 CFR part 51, subpart AA), effective April 
6, 2015. The SRR established implementation requirements for the 2008 
ozone NAAQS, including requirements for ``base year'' emission 
inventories under CAA section 182(a)(1).
    On July 17, 2014, the California Air Resources Board (CARB) 
submitted a staff report, titled ``8-Hour Ozone State Implementation 
Plan Emission Inventory Submittal, release date: May 23, 2014'' 
(``submittal'') to the EPA. This submittal addresses base year 
inventory requirements for 15 of the 18 NAAs in California.\2\ On 
September 2, 2016, CARB submitted additional technical information 
titled ``8-Hour Ozone State Implementation Plan Emission Inventory 
Supplemental Documentation (September 2016)'' (herein referred to as 
``EI Supplemental Documentation'') to support the NAA emission 
inventories submitted on July 17, 2014.
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    \2\ The submittal did not include EIs for the Tuscan Buttes NAA, 
which is a small, high elevation area containing no anthropogenic 
sources, see submittal, p. 3, or for the Pechanga and Morongo NAAs.
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    On May 4, 2016 (81 FR 26697), the EPA issued one of three types of 
determinations for each NAA that was originally classified as Marginal 
for the 2008 ozone NAAQS. The EPA determined that four Marginal NAAs in 
California--Calaveras County, Chico (Butte County), San Francisco Bay 
Area and Tuscan Buttes--had attained the 2008 ozone NAAQS by the 
applicable attainment date of July 20, 2015, based on complete, 
quality-assured and certified ozone monitoring data for 2012-2014. The 
EPA determined that one NAA in California--San Luis Obispo (Eastern San 
Luis Obispo) (``Eastern SLO'')--qualified for a 1-year attainment date 
extension for the 2008 ozone NAAQS even though it did not attain the 
NAAQS by the applicable deadline. Finally, the EPA reclassified five 
NAAs in California as Moderate because they did not attain the 2008 
ozone NAAQS by the attainment date and did not qualify for a 1-year 
extension. The EPA ``bumped up'' the following Marginal NAAs to 
Moderate: Imperial County, Kern County (Eastern Kern), Mariposa County, 
Nevada County (Western part) and San Diego County. In addition to the 
Marginal area requirements, which include submittal of a base year 
emission inventory (see CAA section 182(a)(1)), these NAAs became 
subject to additional requirements.\3\ However, these additional 
requirements are not the subject of this action.
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    \3\ These requirements include: An attainment demonstration; 
provisions for reasonably available control technology and 
reasonably available control measures; reasonable further progress 
(RFP) reductions in volatile organic compounds (VOC) and/or nitrogen 
oxide (NOX) emissions; contingency measures; a vehicle 
inspection and maintenance program; and NOX and VOC 
emission offsets at a ratio of 1.15 to 1 for major source permits 
(see 40 CFR part 51, subpart AA and CAA sections 182(b) and 172(c)). 
A SIP revision addressing these requirements is due to the EPA by 
January 1, 2017 (81 FR 26697, May 4, 2016).
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    In this action, we are acting on a portion of CARB's submittal, 
namely, the base year EIs for the Calaveras County, Chico (Butte 
County), Eastern SLO and San Francisco Bay Area NAAs. We are deferring 
action on the base year EIs for NAAs that are required to submit 
updated base year EIs to support their attainment demonstrations and to 
meet reasonable further progress requirements because we anticipate 
that these later submittals will supersede the EIs in the CARB 8-hour 
EI submittal for these areas.

II. Summary and Analysis of the State's Submittal

A. Statutory and Regulatory Requirements

1. Procedural Requirements for Adoption and Submittal of SIP Revisions
    CAA section 110(a)(1) and 110(l) and 40 CFR 51.102 require states 
to provide reasonable notice and an opportunity for a public hearing 
prior to adoption of SIP revisions. Section 110(k)(1)(B) requires the 
EPA to determine whether a SIP submittal is complete within 60 days of 
receipt. Any plan that we have not affirmatively determined to be 
complete or incomplete will become complete six months after the day of 
submittal by operation of law. A finding of completeness does not 
approve the submittal as part of the SIP nor does it indicate that the 
submittal is approvable. It does start a 12-month clock for the EPA to 
act on the SIP submittal (see CAA section 110(k)(2)).
2. Requirements for Base Year Inventories
    CAA section 182(a)(1) and 40 CFR 51.1115(a) require states to 
submit a ``base year inventory'' for each 2008 ozone nonattainment area 
within two years of the effective date of designation. This inventory 
must be ``a comprehensive, accurate, current inventory of actual 
emissions from sources of VOC and NOX emitted within the 
boundaries of the nonattainment area as required by CAA section 
182(a)(1)'' (40 CFR 51.1100(bb), see also CAA section 172(c)(3)). In 
addition, 40 CFR 51.1115(a) requires that the inventory year be 
selected consistent with the baseline year for the reasonable further 
progress (RFP) plan, which is usually the most recent calendar year for 
which a complete triennial inventory is required to be submitted to the 
EPA under the Air Emissions Reporting Requirements (40 CFR part 51, 
subpart A) (see 40 CFR 51.1110(b)).

B. Summary of the State's Submittal

    The State submitted base year EIs for areas designated as 
nonattainment for the 2008 8-hour ozone NAAQS on July 17, 2014.\4\ 
CARB's submittal documents the public review process followed prior to 
its submittal to the EPA as a revision to the SIP. The submittal 
includes a copy of a CARB notice of public meeting on June 26, 2014 to 
consider the approval of the submittal, a transcript from the June 26, 
2014 meeting,\5\ and a

[[Page 71999]]

signed resolution stating that the CARB made the EIs available for 
public review at least 30 days prior to the board hearing and that the 
EIs were adopted after notice and public hearing.\6\ As noted above, on 
September 2, 2016, CARB provided additional technical information 
referred to herein as EI Supplemental Documentation to support the NAA 
EIs submitted on July 17, 2014.
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    \4\ Submittal pp. 7-35.
    \5\ Meeting, State of California, Air Resources Board, CAL/EPA 
Headquarters, Byron Sher Auditorium, Second Floor, 1001 I Street, 
Sacramento, California 95814, Thursday, June 26, 2014, 9:04 a.m., 
Tiffany C. Kraft, CSR, Certified Shorthand Reporter, License Number 
12277, pp. 7-8.
    \6\ CARB, ``The 8-Hour Ozone State Implementation Plan Emission 
Inventory Submittal,'' Resolution 14-14, June 26, 2014, Agenda Item 
No.: 14-5-1, signed by Tracy Jensen, Clerk of the Board.
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    CARB selected 2012 as the base year because it was the most recent 
year for which comprehensive emissions estimates were available,\7\ and 
because CARB wanted a consistent inventory across the state.\8\ The 
submitted base year EIs are expressed as 2012 average summer day 
emissions in tons per day (tpd) and categorized as stationary point 
sources, area-wide sources, on-road mobile sources and other mobile 
sources. CARB's EI Supplemental Documentation describes methods used to 
estimate emissions for each category and subcategory.\9\ The submittal 
describes the updates to the 2012 EIs since the last comprehensive EI 
update, and it also describes how emissions were calculated for ``split 
regions'' not defined by CARB's county, air basin, and district 
boundaries.\10\
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    \7\ Submittal, p. 5.
    \8\ In particular, CARB wanted to assure consistency with the 
South Coast Air Quality Management District, which planned to use 
2012 data for its base year inventory. See Supplemental 
Documentation.
    \9\ Ibid.
    \10\ Submittal, pp. 5-6.
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    Table 1 summarizes the 2012 EIs for the Calaveras County, Chico 
(Butte County), Eastern SLO and San Francisco Bay Area NAAs for 
nitrogen oxides (NOX) and volatile organic compound (VOC) 
emissions.\11\
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    \11\ Ibid., pp. 7-35.

                           Table 1--2012 Average Summer Day Emission Inventories (tpd)
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                    Category                            NOX         % of total          VOC         % of total
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                                                Calaveras County
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Stationary Sources..............................            0.12               5            0.23               4
Area-wide Sources...............................            0.09               3            1.82              33
On-road Mobile..................................            1.70              64            1.03              19
Other Mobile....................................            0.75              28            2.49              45
                                                 ---------------------------------------------------------------
    Total *.....................................            2.66             100            5.56             100
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                                              Chico (Butte County)
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Stationary Sources..............................            2.03              12            2.08              15
Area-wide Sources...............................            0.67               4            4.81              34
On-road Mobile..................................            7.06              40            3.32              23
Other Mobile....................................            7.79              44            4.00              28
                                                 ---------------------------------------------------------------
    Total *.....................................           17.54             100           14.21             100
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                                             San Francisco Bay Area
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Stationary Sources..............................           41.33              14           62.13              23
Area-wide Sources...............................            7.99               3           68.37              26
On-road Mobile..................................          151.65              52           74.02              28
Other Mobile....................................           88.55              31           59.98              23
                                                 ---------------------------------------------------------------
    Total *.....................................          289.51             100          264.50             100
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                                                   Eastern SLO
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Stationary Sources..............................            0.17              25            0.10              21
Area-wide Sources...............................            0.00               0            0.16              33
On-road Mobile..................................            0.37              54            0.17              35
Other Mobile....................................            0.14              21            0.05              10
                                                 ---------------------------------------------------------------
    Total *.....................................            0.68             100            0.48             100
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* Differences due to rounding. Excludes biogenic emissions.

1. Stationary Source Emissions
    CARB estimates stationary point source emissions based on annual 
reports submitted by the local air districts. The local air districts 
are responsible for working with facility operators to compile 
estimates, using source testing, direct measurement or engineering 
calculations. CARB estimates emissions from smaller point sources, such 
as gasoline dispensing facilities and residential water heaters, as a 
group and reports them in a single source category. CARB groups 
stationary point source emissions into the following categories: Fuel 
combustion, waste disposal, cleaning and surface coatings, petroleum 
production and marketing, and industrial processes.\12\
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    \12\ Submittal, pp. 7-35. Fuel combustion subcategories: 
Electric utilities, cogeneration, oil and gas production 
(combustion), manufacturing and industrial, food and agricultural 
processing, service and commercial, other (fuel combustion). Waste 
disposal subcategories: Sewage treatment, incinerators, other (waste 
disposal). Cleaning and surface coatings subcategories: Laundering, 
degreasing, coatings and related process solvents, printing, 
adhesives and sealants. Petroleum productions and marketing 
subcategories: Oil and gas production, petroleum marketing, other 
(petroleum production and marketing). Industrial processes 
subcategories: Food agriculture, mineral processes, metal processes, 
wood and paper, other (industrial processes).

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[[Page 72000]]

    CARB describes the methodologies it uses for smaller point sources 
in the EI Supplemental Documentation. For example, while CARB reports 
most of the food and agricultural processing emission sources as 
individual point sources, CARB estimates the exhaust emissions from 
agricultural irrigation pumps from a model developed by CARB staff. The 
EI Supplemental Documentation provides a link to the methodology 
used.\13\ The model uses United States Department of Agriculture (USDA) 
engine population estimates, emission factors, average annual use in 
hours, average brake horsepower of engine and average engine load 
factors.\14\
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    \13\ Attachment 2, Appendix D, Emission Inventory Methodology, 
Agricultural irrigation Pumps--Diesel (Updated August 2006), 
available at http://www.arb.ca.gov/regact/agen06/attach2.pdf
    \14\ EI Supplemental Documentation, pp. 11-12.
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2. Area-Wide Source Emissions
    CARB's area-wide source inventories include categories where 
emissions take place over a wide geographic area, such as consumer 
products, residential fuel combustion and farming operations. CARB 
groups area-wide source emissions as either solvent evaporation or 
miscellaneous processes.\15\
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    \15\ Submittal, pp. 7-35. Solvent evaporation subcategories: 
Consumer products, architectural coatings and related process 
solvents, pesticides/fertilizers, asphalt paving/roofing. 
Miscellaneous processes subcategories: Residential fuel combustion, 
farming operations, fires, manage burning and disposal, cooking.
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    CARB describes the methodologies for each area-wide source emission 
category in the EI Supplemental Documentation, pages 21-29. CARB uses 
various methodologies for estimating emissions from area-wide source 
categories. For example, the California Department of Pesticide 
Regulation (DPR) calculates pesticide emission estimates for CARB. The 
DPR applies Emission Potential (EP) values from the DPR database to the 
amount of grower-reported pesticide application in DPR's Pesticide Use 
Report database.\16\ For the consumer products emissions estimates, 
CARB conducted surveys to collect updated product and ingredient 
information for approximately 360 consumer product categories, and 
determined the total sales and total VOC emissions for each category 
based on the survey data. CARB adjusted emissions to the 2012 base year 
by using population data from the California Department of Finance 
(2013).\17\ CARB bases emissions from farming operations on data from 
the USDA's 2012 Census of Agriculture and emission factors for each 
livestock category.\18\ CARB uses survey data and emission factors to 
estimate emissions from residential wood combustion, a subcategory of 
residential fuel combustion. In 2011, CARB updated its methodology for 
residential wood combustion to include more recent survey data on 
residential wood burning devices and consumption rates, updates to the 
EPA National Emission Inventory emission factors and improved 
calculation approaches.\19\
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    \16\ The EP value is the fraction of the product that is assumed 
to potentially contribute to atmospheric VOC. California's pesticide 
use reporting program requires that all agricultural pesticide use 
must be reported monthly by growers to county agricultural 
commissions, who in turn, report the data to DPR. See http://www.cdpr.ca.gov/docs/pur/purmain.htm.
    \17\ CARB, Section 6.1 Consumer Products (revised April 2000), 
available at http://www.arb.ca.gov/ei/areasrc/fullpdf/full6-1.pdf.
    \18\ CARB, Section 7.6 Livestock Husbandry (Revised May 2004), 
available at http://www.arb.ca.gov/ei/areasrc/fullpdf/full7-6.pdf.
    \19\ CARB, Section 7.1 Residential Wood Combustion (Revised 
October 2015), available at http://www.arb.ca.gov/ei/areasrc/fullpdf/full7-1_2011.pdf.
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3. Off-Road Mobile Source Emissions
    CARB has developed category-specific models for numerous off-road 
(also known as ``non-road'') sources, including locomotives, ships, 
industrial and construction equipment, and recreational vehicles. CARB 
used the OFFROAD2007 model for categories without source-specific 
models. CARB provided supplementary documentation describing the 
methodologies used for the following off-road sources: Aircraft, ocean 
going vessels, commercial harbor craft, recreational boats, off-road 
recreational vehicles, fuel storage and handling equipment, farm 
equipment and off-road equipment (i.e., transport refrigeration units, 
drill rigs, cargo handling equipment, and trains).\20\ The submittal 
provided emission estimates for off-road sources that reflected updates 
to data models for ocean going vessels, recreational boats, 
recreational vehicles, off-road equipment and farm equipment.\21\ In 
addition to describing each category, CARB provides Web site links to 
additional information on each methodology. These descriptions include 
the type of source represented, the types and source of data used, and 
the models used. For example, CARB describes ocean-going vessels (OGVs) 
as commercial vessels greater than or equal to 400 feet in length or 
10,000 gross tons or propelled by a marine compression ignition engine 
with a displacement of greater than or equal to 30 liters per cylinder. 
CARB's emission inventory includes all OGV emissions occurring within 
100 nautical miles of the California coastline.
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    \20\ EI Supplemental Documentation, pp. 4-10.
    \21\ See submittal p. 6.
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4. On-Road Mobile Source Emissions
    CARB estimated on-road mobile emissions from cars, light and heavy-
duty trucks, motorcycles, buses and motor homes using its Emission 
Factors (EMFAC) model version 2011, which was the latest EPA-approved 
version available at the time the EIs were prepared.\22\ CARB estimated 
vehicle populations using registration data from the Department of 
Motor Vehicles (DMV), updated in 2012.\23\ The model estimates vehicle 
miles traveled (VMT) from data and mileage accrual rates from the 
Bureau of Automotive Smog Check Program. CARB states that the EIs in 
this submittal reflect updates to the EMFAC2011 activity parameters, 
including vehicle population and activity using 2012 DMV data, vehicle 
sales and survival rate estimates, fuel sales from the Board of 
Equalization, and updates to mileage accrual rates using Smog Check 
data. CARB adjusted the default VMT regional allocations using the 2012 
National Transportation Atlas Database. The model also reflects the 
emissions benefits of CARB's 2010 Truck and Bus Regulation, the 
``Pavley'' Clean Car Standards and the Low Carbon Fuel Standard. CARB 
provides additional information on EMFAC at http://www.arb.ca.gov/mseimsei.htm.
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    \22\ On March 16, 2013, the EPA approved and announced the 
availability of EMFAC2011 as the latest update to the EMFAC model 
for use in SIP development and transportation conformity by 
California state and local governments to meet CAA requirements (78 
FR 14533). On December 14, 2015, the EPA announced the next revision 
to EMFAC--EMFAC 2014 (80 FR 77337). CARB submitted the 2008 8-hour 
ozone EI submittal after the EPA's approval of EMFAC2011 and prior 
to the EPA's approval of EMFAC2014.
    \23\ EI Supplemental Documentation, p. 3.
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C. The EPA's Evaluation of the State's Submittal

1. Evaluation of Procedural Requirements
    Based on the documentation included in CARB's submittal, we find 
that the submittal satisfies the procedural requirements of sections 
110(a)(1) and 110(l) of the Act requiring states to provide reasonable 
notice and an opportunity for public hearing prior to adoption of SIP 
revisions. CARB's submittal became complete by operation of law on 
January 17, 2015 pursuant to section 110(k)(1)(B).

[[Page 72001]]

2. Evaluation of Base Year Inventory Requirements
    The EPA has reviewed the 2012 average summer day base year EIs for 
the Calaveras County, Chico (Butte County), Eastern SLO and San 
Francisco Bay Area NAAs. Our review included the emission estimates for 
stationary sources, area-wide sources and mobile sources. We find that 
CARB's selection of 2012 as the base year was appropriate for these 
areas because 2012 was the most recent calendar year for which a 
consistent and comprehensive statewide inventory was available.\24\ The 
submittal and EI Supplemental Documentation provide sufficient 
information and explanation to allow the EPA to make a determination on 
the acceptability of the EIs. Accordingly, we conclude that the EIs 
constitute a comprehensive, accurate, current inventory of actual 
emissions from sources of VOC and NOX emitted within the 
boundaries of the relevant NAAs, as required under the CAA and SRR (40 
CFR 51.1100(bb), see also CAA section 172(c)(3)).
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    \24\ We also note that, because the State is not required to 
submit an RFP plan for Marginal areas, the requirement for the 
inventory year selected to be consistent with the baseline year for 
the RFP plan is not relevant to these areas.
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D. Public Comment and Final Action
    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted EIs for the Calaveras County, Chico (Butte 
County), San Luis Obispo County (Eastern SLO) and San Francisco Bay 
Area NAAs because we believe they fulfill all relevant requirements. We 
do not think anyone will object to this approval, so we are finalizing 
it without proposing it in advance. However, in the Proposed Rules 
section of this Federal Register, we are simultaneously proposing 
approval of the same submitted EIs. If we receive adverse comments by 
November 18, 2016, we will publish a timely withdrawal in the Federal 
Register to notify the public that the direct final approval will not 
take effect and we will address the comments in a subsequent final 
action based on the proposal. If we do not receive timely adverse 
comments, the direct final approval will be effective without further 
notice on December 19, 2016.

III. 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 action merely approves a state plan 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 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, as appropriate, disproportionate human health or 
environmental effects, using practicable 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).
    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 December 19, 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the Proposed 
Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that the EPA can withdraw this direct final rule and address the 
comment in the proposed rulemaking. 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 relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

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

    Dated: September 28, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    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.

[[Page 72002]]

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(481) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (481) The following revision was submitted on July 17, 2014 by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) California Air Resources Board.
    (1) California Air Resources Board, Staff Report, ``8-Hour Ozone 
State Implementation Plan Emission Inventory Submittal,'' release date: 
May 23, 2014, excluding the tables of 2012 average summer daily 
emissions (tons per day) other than the tables for Chico (Butte 
County), San Luis Obispo County (Eastern San Luis Obispo), Calaveras 
County, and San Francisco Bay Area.
* * * * *
[FR Doc. 2016-25164 Filed 10-18-16; 8:45 am]
 BILLING CODE 6560-50-P