[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Rules and Regulations]
[Pages 3302-3305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01686]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0535; FRL-9988-40-Region 9]
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area
Requirements; San Joaquin Valley, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of three state implementation plan (SIP)
revisions submitted by the State of California to meet Clean Air Act
(CAA or ``the Act'') requirements for the 2008 8-hour ozone national
ambient air quality standards (NAAQS or ``standards'') in the San
Joaquin Valley, California ozone nonattainment area. First, the EPA is
approving the portions of the ``2016 Ozone Plan for the 2008 8-Hour
Ozone Standard'' (``2016 Ozone Plan'') that address the requirements to
demonstrate attainment by the applicable attainment date and
implementation of reasonably available control measures, among other
requirements. Second, the EPA is approving the portions of the
``Revised Proposed 2016 State Strategy for the State Implementation
Plan'' (``2016 State Strategy'') related to the ozone control strategy
for the San Joaquin Valley for the 2008 ozone standards, including a
specific aggregate emissions reduction commitment. Lastly, the EPA is
approving an air district rule addressing the emission statement
requirement for ozone nonattainment areas.
DATES: This rule will be effective on March 14, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0535. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Tom Kelly, EPA Region IX, (415) 972-
3856, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On August 31, 2018 (83 FR 44528), the EPA proposed to approve,
under CAA section 110(k)(3), portions of submittals from the California
Air Resources Board (CARB or ``State'') as revisions to the California
SIP for the San Joaquin Valley 2008 ozone nonattainment area.\1\ The
relevant SIP revisions include an emissions statement rule (Rule 1160),
the 2016 Ozone Plan, and the 2016 State Strategy, which were submitted
on January 11, 1993, August 24, 2016, and April 27, 2017, respectively.
The San Joaquin Valley Air Pollution Control District (SJVUAPCD or
``District'') adopted Rule 1160 (``Emission Statement'') on November
18, 1992, to comply with the CAA's SIP revision requirement for
emission statement rules. The 2016 State Strategy submittal consists of
documents originating from the District (e.g., the 2016 Ozone Plan with
Appendices and the District Governing Board Resolution) and from CARB
(e.g., the CARB Staff Report and Appendices). The 2016 State Strategy
includes CARB's commitments for rulemaking over the next several years
and aggregate emission reduction commitments for the South Coast Air
Basin and San Joaquin Valley. Each of these SIP revisions includes
documentation of public notice, comment, and opportunity for public
hearing prior to adoption by CARB or the District.
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\1\ The San Joaquin Valley nonattainment area for the 2008 ozone
standards generally covers the southern half of California's Central
Valley and consists of San Joaquin, Stanislaus, Merced, Madera,
Fresno, Tulare, and Kings counties, and the western portion of Kern
County. A precise description of the San Joaquin Valley ozone
nonattainment area is contained in 40 CFR 81.305.
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In our August 31, 2018 proposed rule, we provided background
material on the ozone standards,\2\ area designations, and related SIP
revision requirements under the CAA, and the EPA's implementing
regulations for the 2008 ozone standards, referred to as the SIP
Requirements Rule (SRR). In short, the San Joaquin Valley nonattainment
area is classified as Extreme for the 2008 ozone standards, and the
2016 Ozone Plan was developed to address the requirements for this
area. The 2016 Ozone Plan relies on District Rule 1160 to meet the CAA
requirements for emissions statement rules and is supported by the 2016
State Strategy, which includes commitments by CARB for rulemaking and
for achievement of aggregate emission reductions of eight tons per day
(tpd) of oxides of nitrogen (NOX) in the San Joaquin Valley
by 2031
[[Page 3303]]
to accelerate progress towards meeting the 2008 ozone standards in that
area.
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\2\ Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the presence of sunlight. The 2008 ozone
standard is 0.075 parts per million (ppm) average over an 8-hour
period. 73 FR 16436 (March 27, 2008).
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In our proposed rule, we also discussed a 2018 Circuit Court
decision issued by the D.C. Circuit in South Coast Air Quality
Management Dist. v. EPA, (``South Coast II'') \3\ that vacated certain
portions of our 2008 ozone SRR. We indicated that, in response to South
Coast II, the EPA would be proposing action on certain elements of the
2016 Ozone Plan (i.e., those elements affected by South Coast II) in a
subsequent and separate rulemaking. These elements include the base
year emissions inventory, the demonstration of reasonable further
progress (RFP), the RFP motor vehicle emissions budgets, and the
contingency measures. We proposed action on the SIP elements that are
affected by South Coast II and that were not included in our August 31,
2018 proposed rule at 83 FR 61346 (November 29, 2018).
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\3\ South Coast Air Quality Management Dist. v. EPA, 882 F.3d
1138 (D.C. Cir. 2018). The term ``South Coast II'' is used in
reference to the 2018 court decision to distinguish it from a
decision published in 2006 also referred to as ``South Coast.'' The
earlier decision involved a challenge to the EPA's Phase 1
implementation rule for the 1997 ozone standard. South Coast Air
Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
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For our August 31, 2018 proposed rule, we reviewed the various SIP
elements contained in the 2016 Ozone Plan (i.e., except for those
affected by South Coast II), District Rule 1160, and the relevant
portions of the 2016 State Strategy, evaluated them for compliance with
statutory and regulatory requirements, and concluded that they meet all
applicable requirements. More specifically, we determined the
following:
The 2012 base year emission inventory from the 2016 Ozone
Plan is comprehensive, accurate, and current, and that future year
emissions inventories that are derived therefrom provide an acceptable
basis for the attainment demonstration and vehicle miles traveled (VMT)
offset demonstration in the 2016 Ozone Plan (see 83 FR 44531-44532 from
the proposed rule);
District Rule 1160 (``Emission Statements''), which
requires, with certain allowable exceptions, all owners and operators
of any stationary source category that emits or may emit volatile
organic compounds (VOC) or NOX to provide a written
statement on an annual basis showing actual emissions of VOC and
NOX from that source, meets the requirements for emission
statements under CAA section 182(a)(3)(B) for 2008 ozone nonattainment
areas (see 83 FR 44532-44533 from the proposed rule);
The process followed by the District to identify
reasonably available control measures (RACM) is generally consistent
with the EPA's recommendations and that the District's rules provide
for the implementation of RACM for stationary and area sources of
NOX and VOC; \4\ CARB and the metropolitan planning
organizations provide for the implementation of RACM for mobile sources
of NOX and VOC; that there are no additional RACM that would
advance attainment of the 2008 ozone standards in the San Joaquin
Valley by at least one year; and that, therefore, the 2016 Ozone Plan
provides for the implementation of all RACM as required by CAA section
172(c)(1) and 40 CFR 51.1112(c) for the 2008 ozone standards (see 83 FR
44533-44535 from the proposed rule);
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\4\ For our proposed action, we also considered our previous
evaluations of the District's rules in connection with our approval
of the San Joaquin Valley Reasonably Available Control Technology
(RACT) SIP demonstration for the 2008 ozone standards. See 83 FR
41006 (August 17, 2018).
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The photochemical modeling in the 2016 Ozone Plan shows
that existing CARB and District control measures are sufficient to
attain the 2008 ozone standards by 2031 at all monitoring sites in the
San Joaquin Valley; that, given the extensive discussion in the 2016
Ozone Plan of modeling procedures, test and performance analyses called
for in the modeling protocol and the good model performance, the
modeling is adequate to support the attainment demonstration; and that,
therefore, the 2016 Ozone Plan meets the attainment demonstration
requirements of CAA section 182(c)(2)(A) and 40 CFR 51.1108 for the
2008 ozone standards (see 83 FR 44535-44539 from the proposed rule);
As provided in our SRR, the previously-approved 15 percent
Rate-of-Progress (ROP) demonstration for the 1-hour ozone NAAQS for the
San Joaquin Valley meets the ROP requirements of CAA section 182(b)(1)
for the San Joaquin Valley for the 2008 ozone standards because the
boundaries of the San Joaquin Valley nonattainment area for the 1-hour
ozone standards and the 2008 ozone standards are the same (see 83 FR
44539 from the proposed rule);
The 2016 Ozone Plan (particularly, section D.3 (``VMT
Offsets'') of appendix D (``Mobile Source Control Strategy'')
demonstrates that CARB has adopted sufficient transportation control
strategies (TCSs) to offset the growth in emissions from growth in VMT
and vehicle trips in the San Joaquin Valley for the purposes of the
2008 ozone standards and thereby complies with the VMT emissions offset
requirement in CAA section 182(d)(1)(A) and 40 CFR 51.1102 (see 83 FR
44540-44542 from the proposed rule);
Through EPA-approved District Rules 2201 (``New and
Modified Stationary Source Review''), 4306 (``Boilers, Steam
Generators, and Process Heaters--Phase 3''), and 4352 (``Solid Fuel-
Fired Boilers, Steam Generators, and Process Heaters''), the 2016 Ozone
Plan meets the clean fuels or advanced control technology for boilers
requirement in CAA section 182(e)(3) and 40 CFR 51.1102 for the 2008
ozone standards (see 83 FR 44543 from the proposed rule);
The 2031 budgets from the 2016 Ozone Plan are consistent
with the attainment demonstration, are clearly identified and precisely
quantified, and meet all other applicable statutory and regulatory
requirements, including the adequacy criteria in 40 CFR 93.118(e)(4)
and (5) (see 83 FR 44543-44545 from the proposed rule); and
The 2016 Ozone Plan adequately addresses the enhanced
vehicle inspection and maintenance (I/M) requirements in CAA 182(c)(3)
and 40 CFR 51.1102 and the enhanced ambient air monitoring requirements
in CAA section 182(c)(1) and 40 CFR 51.1102 through previous EPA
approvals of California's I/M program, Photochemical Assessment
Monitoring Station network, and the most recent annual monitoring
network plan for the San Joaquin Valley (see 83 FR 44545-44547 from the
proposed rule).
Finally, we proposed to approve two committal measures because they
strengthen the SIP: (1) CARB's commitments, in the 2016 State Strategy
and related resolution, to a rulemaking schedule and an aggregate
emission reduction of eight tpd of NOX in the San Joaquin
Valley by 2031, and (2) the District's commitments, in the 2016 Ozone
Plan, to revise District Rules 4311 (``Flares'') and 4694 (``Wine
Fermentation and Storage'') to include additional controls to the
extent such controls are technologically achievable and economically
feasible.
Please see our August 31, 2018 proposed rule and the related
Technical Support Document for more information concerning the
background for this action and for a more detailed discussion of the
rationale for approval of the above listed elements of the 2016 Ozone
Plan, District Rule 1160, and the ozone-related commitments in the 2016
State Strategy for San Joaquin Valley.
II. Public Comments
The public comment period on the proposed rule opened on August 31,
[[Page 3304]]
2018, the date of its publication in the Federal Register, and closed
on October 1, 2018. During this period, the EPA received two anonymous
comments. One commenter expressed overall support for the proposed
action. The second commenter raised issues that are outside the scope
of this rulemaking, including forest management practices and the
greenhouse gas emission impacts from wildfires. Such comments do not
concern any of the specific issues raised in the proposal, nor do they
address the EPA's rationale for the proposed action. Therefore, the EPA
is not responding to these comments and is finalizing the action as
proposed. All the comments received are included in the docket for this
action.
III. Final Action
For the reasons discussed in our proposed action and summarized
above, the EPA is taking final action under CAA section 110(k)(3) to
approve as a revision to the California SIP the following portions of
the San Joaquin Valley 2016 Ozone Plan.\5\
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\5\ The EPA has already approved the portions of the 2016 Ozone
Plan (subchapter 3.4 (``Reasonably Available Control Technology
(RACT) Demonstration'') and appendix C (``Stationary and Area Source
Control Strategy Evaluations'') that relate to the RACT requirements
under CAA section 182(b)(2) and 40 CFR 51.1112.
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RACM demonstration as meeting the requirements of CAA
section 172(c)(1) and 40 CFR 51.1112(c).
ROP demonstration as meeting the requirements of CAA
section 182(b)(1).
Attainment demonstration as meeting the requirements of
CAA section 182(c)(2)(A) and 40 CFR 51.1108.
Enhanced monitoring as meeting the requirements of CAA
section 182(c)(1) and 40 CFR 51.1102.
Enhanced vehicle inspection and maintenance programs as
meeting the requirements of CAA section 182(c)(3) and 40 CFR 51.1102.
Provisions for clean fuels or advanced control technology
for boilers as meeting the requirements of CAA section 182(e)(3) and 40
CFR 51.1102.
VMT emissions offset demonstration as meeting the
requirements of CAA section 182(d)(1)(A) and 40 CFR 51.1102, and
Motor vehicle emissions budgets for the attainment year of
2031 because they are consistent with the attainment demonstration
proposed for approval herein and meet the other criteria in 40 CFR
93.118(e).\6\ The approved motor vehicle emissions budgets (in tpd,
average summer weekday) are as follows:
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\6\ On November 29, 2018 (83 FR 61346), the EPA proposed, among
other things, to approve revised motor vehicle emissions budgets for
year 2031 for San Joaquin Valley for the 2008 ozone standards. If we
finalize the approval of the revised budgets as proposed, then the
revised budgets will replace those that we are approving in today's
action.
Table 1--Motor Vehicle Budgets for 2031 (tpd)
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County VOC NOX
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Fresno................................................ 4.3 12.5
Kern (SJV)............................................ 4.1 10.8
Kings................................................. 0.8 2.3
Madera................................................ 0.9 2.0
Merced................................................ 1.3 4.1
San Joaquin........................................... 3.3 5.5
Stanislaus............................................ 2.0 4.7
Tulare................................................ 1.9 3.7
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In addition, we are taking final action to approve District Rule
1160 titled ``Emission Statements'' as a revision to the California SIP
because it meets all the applicable requirements for emission
statements. We are also approving the Emission Statement section of the
2016 Ozone Plan as meeting the requirements of CAA section 182(a)(3)(B)
and 40 CFR 51.1102.
Finally, we are taking final action to approve, as additional
measures that strengthen the SIP, CARB's commitments in the 2016 State
Strategy to a rulemaking schedule and an aggregate emission reduction
of eight tpd of NOX by 2031 and District's commitments in
the 2016 Ozone Plan to amend Rules 4311 (Flares) and 4694 (Wine
Fermentation and Storage) to include additional controls to the extent
such controls are technologically achievable and economically feasible.
As discussed in the August 31, 2018 proposed rule, we are not
taking final action at this time on the base year emissions inventory,
the RFP demonstration, the motor vehicle emissions budgets for RFP
milestone years, and the contingency measures portions of the 2016
Ozone Plan. We proposed action on these remaining elements of the 2016
Ozone Plan on November 29, 2018 (83 FR 61346).
IV. Incorporation by Reference
In this action, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of a San
Joaquin Valley Unified Air Pollution Control District rule (i.e., Rule
1160) described in the amendments to 40 CFR part 52 set forth below.
The EPA has made, and will continue to make, this document available
through 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).
V. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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
[[Page 3305]]
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, this final 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 April 15, 2019. 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 relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 12, 2018.
Alexis Strauss,
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.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(191)(i)(E),
(c)(496)(ii)(B)(2) and (3), and (c)(513) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(191) * * *
(i) * * *
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1160, ``Emission Statements,'' adopted on November 18,
1992.
* * * * *
(496) * * *
(ii) * * *
(B) * * *
(2) Resolution 16-6-20, In the Matter of: Adopting the San Joaquin
Valley Unified Air Pollution Control District 2016 Ozone Plan for the
2008 8-Hour Ozone Standard, June 16, 2016, commitment to adopt,
implement and submit measures committed to in the 2016 Ozone Plan for
the 2008 8-Hour Ozone Standard, only.
(3) 2016 Ozone Plan for 2008 8-Hour Ozone Standard, adopted June
16, 2016, excluding subchapters 3.4 (``Reasonably Available Control
Technology''), 3.11.1 (``Emission Inventory Requirements''), 6.3.2
(``Reasonable Further Progress Requirements''), and 6.4 (``Contingency
for Attainment''); appendix C (``Stationary and Area Source Control
Strategy Evaluations''); and tables D-1 and D-4 through D-8 in
attachment B (``San Joaquin Valley 8-Hr Ozone Motor Vehicle Emissions
Budgets'') of appendix D (``Mobile Source Control Strategy'').
* * * * *
(513) The following plan was submitted on April 27, 2017, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) Resolution 17-7, 2016 State Strategy for the State
Implementation Plan, March 23, 2017, commitments to a rulemaking
schedule and to achieve aggregate emission reductions of 8 tons per day
of NOX in San Joaquin Valley by 2031, and the rulemaking
schedule included in attachment A to Resolution 17-7, only.
(2) Revised Proposed 2016 State Strategy for the State
Implementation Plan, adopted on March 23, 2017, except for the
subchapter titled ``South Coast Commitment'' in chapter 3 (``Proposed
SIP Commitment'').
[FR Doc. 2019-01686 Filed 2-11-19; 8:45 am]
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