[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Rules and Regulations]
[Pages 26854-26857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12019]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0244; FRL-9962-54-Region 9]


Approval and Promulgation of Implementation Plans; State of 
California; Coachella Valley; Attainment Plan for 1997 8-Hour Ozone 
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving state 
implementation plan (SIP) revisions submitted by the State of 
California to provide for attainment of the 1997 8-hour ozone national 
ambient air quality standards (NAAQS or ``standards'') in the Coachella 
Valley nonattainment area. The EPA finds the emissions inventories to 
be acceptable and is approving the reasonably available control 
measures, transportation control strategies and measures, rate of 
progress and reasonable further progress demonstrations, attainment 
demonstration, and vehicle miles traveled offset demonstration. We have 
determined that motor vehicle emissions budgets are not required for 
the 1997 8-hour ozone standards so we

[[Page 26855]]

are not taking final action on this portion of the plan.

DATES: Effective Date: This final rule is effective on July 12, 2017.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2016-0244 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (CBI)). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), EPA Region IX, (415) 972-3856, [email protected].

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

Table of Contents

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

I. Summary of Proposed Action

    On November 1, 2016, the EPA proposed to approve, under section 
110(k)(3) of the Clean Air Act (CAA), portions of several submittals 
from the California Air Resources Board (CARB) as revisions to the 
California SIP for the Coachella Valley ozone nonattainment area.\1\ 81 
FR 75764. The proposal identified the following SIP submittals 
addressing the CAA planning requirements for attaining the 1997 8-hour 
ozone NAAQS for the Coachella Valley (and other areas as noted):
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    \1\ For a precise description of the geographic boundaries of 
the Coachella Valley ozone nonattainment area, see 40 CFR 81.305.
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     ``Final 2007 Air Quality Management Plan,'' South Coast 
Air Quality Management District, June 2007 (``2007 AQMP'');
     ``2007 State Strategy for the California State 
Implementation Plan,'' CARB, Release Date April 26, 2007, and 
Appendices A-G, CARB, Release Date May 7, 2007 (``2007 State 
Strategy'');
     ``Status Report on the State Strategy for California's 
2007 State Implementation Plan (SIP) and Proposed Revision to the SIP 
Reflecting Implementation of the 2007 State Strategy,'' CARB, Release 
Date March 24, 2009 (``2009 State Strategy Status Report'');
     ``Progress Report on Implementation of PM2.5 
State Implementation Plans (SIP) for the South Coast and San Joaquin 
Valley Air Basins and Proposed SIP Revisions,'' CARB, Release Date 
March 29, 2011 (``2011 State Strategy Progress Report''); and
     ``Staff Report, Proposed Updates to the 1997 8-Hour Ozone 
Standard, State Implementation Plans; Coachella Valley and Western 
Mojave Desert,'' CARB, Release Date: September 22, 2014 (``2014 SIP 
Update'').
    We refer to these submittals collectively as the ``Coachella Valley 
Ozone Plan'' or ``Plan.''
    The Coachella Valley is classified as Severe-15 with an attainment 
date no later than June 15, 2019. See 75 FR 24409 (May 5, 2010). The 
relevant CAA requirements appear at Title I, Part D of the CAA, under 
which states must implement the 1997 8-hour ozone (primary and 
secondary) standards.\2\ The EPA codified rules for the 1997 8-hour 
ozone standards at 40 CFR part 51, subpart X. See 69 FR 23951 (April 
30, 2004); 70 FR 71612 (November 29, 2005). The EPA revoked the 1997 8-
hour ozone NAAQS in 2015; \3\ notwithstanding this revocation, areas 
that were designated as nonattainment for the 1997 8-hour ozone NAAQS 
at the time the standards were revoked continue to be subject to 
certain SIP requirements that previously applied based on area 
classifications for the standards, under ``anti-backsliding'' 
regulations that the EPA promulgated to govern the transition from the 
1-hour ozone standards to the 8-hour ozone standards. Id. at 12296; 40 
CFR 51.1105 and 51.1100(o). Thus, in general, the Coachella Valley 
remains subject to the requirements of the 1997 8-hour ozone NAAQS 
applicable to ``Severe'' nonattainment areas.
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    \2\ Title I, Part D of the CAA includes section 172, 
``Nonattainment Plan Provisions in General,'' and subpart 2, 
``Additional Provisions for Ozone Nonattainment Areas'' (sections 
181-185).
    \3\ 80 FR 12264 (March 6, 2015).
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    In the November 1, 2016 proposed rule, we proposed to approve the 
following elements of the Coachella Valley Ozone Plan under applicable 
statutory and regulatory requirements: The reasonably available control 
measures (RACM) demonstration; the rate of progress (ROP) and 
reasonable further progress (RFP) demonstrations; the attainment 
demonstration; and the demonstration that the SIP provides for 
transportation control strategies and measures sufficient to offset any 
growth in emissions from growth in vehicle miles traveled (VMT) or the 
number of vehicle trips, and to provide for RFP and attainment. More 
specifically, we determined that:
     No additional RACM, beyond the controls identified in the 
2007 AQMP and 2007 State Strategy as revised by the 2009 State Strategy 
Status Report and 2011 State Strategy Progress Report, would advance 
attainment of the 1997 8-hour ozone standards in the Coachella Valley 
to an attainment year of 2017. Therefore, the Coachella Valley Ozone 
Plan provides for the implementation of all RACM as required by CAA 
section 172(c)(1) and 40 CFR 51.1105(a)(1) and 51.1100(o)(17) (see 81 
FR 75769-72 of the proposed rule).
     The ROP and RFP demonstrations in the 2014 SIP Update meet 
the requirements of CAA sections 172(c)(2) and 182(c)(2)(B) and 40 CFR 
51.1105(a)(1) and 51.1100(o)(4) (see 81 FR 75774-76 of the proposed 
rule).
     The air quality modeling in the 2007 AQMP is adequate to 
support the attainment date of June 15, 2019 (attainment year 2018), 
and the 2007 AQMP's attainment demonstration meets the requirements of 
CAA section 182(c)(2)(A) and 40 CFR 51.1105(a)(1) and 51.100(o)(12) 
(see 81 FR 75772-73 of the proposed rule and the Technical Support 
Document (TSD) for the proposal \4\).
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    \4\ This document is available online at www.regulations.gov in 
the docket EPA-R09-OAR-2016-0244, or from the EPA contact listed at 
the beginning of this notice.
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     Appendices D and E of the 2014 SIP Update demonstrate that 
the State has adopted sufficient transportation control strategies and 
measures to offset any growth in emissions from increasing VMT and 
vehicle trips in Coachella Valley, and complies with the VMT emissions 
offset requirement in CAA section 182(d)(1)(A) and 51.1105(a)(1) and 
51.1100(o)(10) (see 81 FR 75777-79 of the proposed rule).
    We also proposed to approve updated motor vehicle emission budgets 
(MVEBs) for transportation conformity included in the 2014 SIP Update. 
See 81 FR 75776-77 of the proposed rule. Additionally, although 
emissions inventories are not a specific requirement under the anti-
backsliding provisions, we found that the baseline and milestone year 
emissions inventories were adequate to support the other elements of 
the Coachella Valley Ozone Plan, including the RACM, RFP, ROP and 
attainment

[[Page 26856]]

demonstrations. See 81 FR 75768-69 of the proposed rule. We did not 
propose any action on the Coachella Valley Ozone Plan's contingency 
measures. The EPA's analysis and findings supporting our proposed 
actions are summarized in our proposal and are also discussed in the 
TSD for the proposal.
    In today's action, the EPA is finalizing all actions from the 
proposal, with the sole exception that we are not finalizing approval 
of the MVEBs in the 2014 SIP Update. As discussed further below, the 
MVEBs are not a continuing applicable requirement for the Coachella 
Valley under the EPA's anti-backsliding regulations, and our approval 
of the MVEBs is therefore not required under the CAA.

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
We received no substantive adverse comments during this period.

III. Final Action

    For the reasons discussed in our November 1, 2016 proposal and 
summarized above, the EPA is approving, under CAA section 110(k)(3), 
most elements of the Coachella Valley Ozone Plan as proposed. 
Specifically, the EPA is taking final action to approve the following 
the following elements as meeting the specified requirements for the 
revoked 1997 8-hour ozone standards:
     The RACM demonstration as meeting the requirements of CAA 
section 172(c)(1) and 40 CFR 51.1105(a)(1) and 51.1100(o)(17).
     the ROP and RFP demonstrations as meeting the requirements 
of CAA sections 172(c)(2) and 182(c)(2)(B) and 40 CFR 51.1105(a)(1) and 
51.1100(o)(4).
     the attainment demonstration as meeting the requirements 
of CAA section 182(c)(2)(A) and 40 CFR 51.1105(a)(1) and 
51.1100(o)(12).
     the demonstration that the SIP provides for transportation 
control strategies and measures sufficient to offset any growth in 
emissions from growth in VMT or the number of vehicle trips, and to 
provide for RFP and attainment, as meeting the requirements of CAA 
section 182(d)(1)(A) and 40 CFR 51.1105(a)(1) and 51.1100(o)(10).
    As noted in our proposal, we are not acting on the Plan's 
contingency measures. Contingency measures are a distinct provision of 
the CAA that we may act on separately from the attainment requirements.
    Upon further reflection, we are not finalizing our proposed 
approval of the MVEBs in the 2014 SIP Update. The CAA requires 
transportation conformity only in areas that are designated 
nonattainment or maintenance. Since the revocation of the 1997 8-hour 
ozone NAAQS, transportation conformity no longer applies to the 
Coachella Valley with respect to the revoked standards. 80 FR 12264, 
12284 (March 6, 2015). Therefore, we have determined that it is not 
necessary to approve these budgets, given that they were developed for 
the now-revoked 1997 8-hour ozone NAAQS. However, consistent with the 
EPA's transportation conformity rule,\5\ the MVEBs from CARB's 2008 
Ozone Early Progress Plan \6\ will remain in effect for the Coachella 
Valley until emission budgets are established and found adequate or are 
approved for the 2008 ozone NAAQS.
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    \5\ 40 CFR part 93, subpart A.
    \6\ ``Early Progress Plans Demonstrating Progress Toward 
Attaining the 8-hour National Air Quality Standards for Ozone and 
Setting Transportation Conformity Budgets for Ventura County, 
Antelope Valley--Western Mojave Desert, Coachella Valley, Eastern 
Kern County, and Imperial County'' (revised), CARB (February 27, 
2008). The EPA previously determined that the budgets in the Ozone 
Early Progress Plan are adequate for transportation conformity 
purposes. See 73 FR 25694 (May 7, 2008).
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    In this action, we are also amending 40 CFR 52.220 to clarify the 
scope of an earlier partial approval of the 2007 AQMP. In 2011, we 
approved portions of the 2007 AQMP as providing for attainment of the 
1997 fine particulate matter NAAQS in the Los Angeles-South Coast area. 
76 FR 69928 (November 9, 2011). However, the regulatory text that we 
adopted in that action did not specify that our approval extended only 
to those portions of the 2007 AQMP that CARB had submitted to us as SIP 
revisions,\7\ and only to those portions of the submitted material 
specified for approval in the preamble to that rulemaking. Today's 
action corrects the regulatory text to reflect that portions of the 
2007 AQMP were excluded from the 2011 approval, including a portion 
applicable to the Coachella Valley that we are approving in today's 
action, and does not affect the substance of our prior final action, 76 
FR 69928 (November 9, 2011).
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    \7\ See CARB Resolution 07-41 (September 27, 2007).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 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 state law 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

[[Page 26857]]

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 August 11, 2017. 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, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: April 20, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, 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 revising paragraph (c)(398)(ii)(A)(1) 
and adding paragraphs (c)(398)(ii)(A)(4) and (c)(486) to read as read 
as follows:


Sec.  [thinsp]52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (398) * * *
    (ii) * * *
    (A) * * *
    (1) Final South Coast 2007 Air Quality Management Plan (excluding 
those portions of Chapter 4 (``AQMP Control Strategy'') and Chapter 7 
(``Implementation'') addressing District-recommended measures for 
adoption by CARB and references to those measures (pp. 4-43 through 4-
54 and the section titled ``Recommended Mobile Source and Clean Fuel 
Control Measures'' in table 7-3, pp. 7-8 and 7-9); those portions of 
Chapter 6 (``Clean Air Act Requirements'') and Chapter 7 
(``Implementation'') addressing California Clean Air Act Requirements 
(pp. 6-13 through 6-22 and page 7-3); those portions of Chapter 4 
(``AQMP Control Strategy'') addressing emission and risk reduction 
goals identified in the AQMP's proposed control measure MOB-03 
(``Proposed Backstop Measures for Indirect Sources of Emissions from 
Ports and Port-Related Facilities'') (p. 4-24); the motor vehicle 
emissions budgets in Chapter 6 (``Clean Air Act Requirements'') (pp. 6-
24 through 6-26), and Chapter 8 (``Future Air Quality--Desert 
Nonattainment Areas'')), adopted on June 1, 2007.
* * * * *
    (4) Final South Coast 2007 Air Quality Management Plan, Chapter 8 
(``Future Air Quality--Desert Nonattainment Areas'') (excluding pp. 8-
14 to 8-17 (regarding transportation conformity budgets)), adopted on 
June 1, 2007.a
* * * * *
    (486) The following plan was submitted on November 6, 2014, by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) California Air Resources Board.
    (1) California Air Resources Board, Staff Report, Proposed Updates 
to the 1997 8-Hour Ozone Standard, State Implementation Plans; 
Coachella Valley and Western Mojave Desert (excluding section III (pp. 
8-12), Table A-2, Table B-2, Table C-2, the bottom row of Table E-1, 
Table E-3 and accompanying discussion of Western Mojave Desert ROG 
calculations on p. E-7, and Figure E-2 (regarding Western Mojave 
Desert); Table B-3 (regarding contingency measures); and Appendix D 
(regarding transportation conformity budgets)), adopted on October 24, 
2014.

[FR Doc. 2017-12019 Filed 6-9-17; 8:45 am]
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