[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Rules and Regulations]
[Pages 32841-32845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14612]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2019-0840; FRL-9996-12-Region 9]


Designation of Areas for Air Quality Planning Purposes; 
California; Coachella Valley 8-Hour Ozone Nonattainment Area; 
Reclassification to Extreme

AGENCY: Environmental Protection Agency (EPA).

[[Page 32842]]


ACTION: Final rule.

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SUMMARY: Under the Clean Air Act (CAA or the ``Act''), the 
Environmental Protection Agency (EPA) is granting a request from the 
State of California to reclassify the Coachella Valley ozone 
nonattainment area from ``Severe-15'' to ``Extreme'' for the 1997 8-
hour ozone national ambient air quality standards (NAAQS). This action 
does not reclassify any areas of Indian country within the boundaries 
of the Coachella Valley 1997 ozone nonattainment area.

DATES: This rule is effective on July 10, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0840. 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 information.
    For the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, EPA Region IX, 75 Hawthorne 
St., San Francisco, CA 94105. By phone: (415) 972-3856 or by email at 
[email protected].

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

Table of Contents

I. Reclassification of Coachella Valley to Extreme Ozone 
Nonattainment
II. Statutory and Executive Order Reviews

I. Reclassification of Coachella Valley to Extreme Ozone Nonattainment

    Effective June 15, 2004, we classified a portion of Riverside 
County (Coachella Valley) under the CAA as ``Serious'' for the 1997 8-
hour ozone NAAQS.\1\ Our classification of Coachella Valley as a 
Serious ozone nonattainment area established a requirement that the 
area attain the 1997 ozone NAAQS as expeditiously as practicable, but 
no later than eight years from designation, i.e., June 15, 2012. On 
November 28, 2007, the California Air Resources Board (CARB) requested 
that the EPA reclassify the Coachella Valley nonattainment area from 
Serious to Severe-15. The EPA granted the reclassification, effective 
June 4, 2010, with an attainment date of not later than June 15, 
2019.\2\ On June 11, 2019, CARB submitted a request that the EPA 
reclassify the Coachella Valley area from Severe-15 to Extreme for the 
1997 ozone NAAQS.
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    \1\ See 69 FR 23858 (April 30, 2004).
    \2\ See 75 FR 24409 (May 5, 2010).
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    We are approving CARB's reclassification request under section 
181(b)(3) of the Act, which provides for ``voluntary 
reclassification.'' \3\ The provision for voluntary reclassification 
has been brought forward as part of the transition from the 1-hour 
ozone standard to the 1997 8-hour ozone standard.\4\ Because the plain 
language of section 181(b)(3) mandates that we approve such a request, 
the EPA is granting CARB's request for voluntary reclassification under 
section 181(b)(3) for the Coachella Valley nonattainment area for the 
1997 ozone NAAQS, and the EPA is reclassifying the area from Severe-15 
to Extreme. Because of this action, the Coachella Valley must now 
attain the 1997 ozone NAAQS as expeditiously as practicable, but no 
later than twenty years from the date of designation as nonattainment, 
i.e., June 15, 2024. We will propose a schedule for required plan 
submittals for Coachella Valley under the new classification in a 
separate action.
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    \3\ 42 U.S.C. 7511(b)(3).
    \4\ See 40 CFR 51.903(b) (``A State may request a higher 
classification for any reason in accordance with section 181(b)(3) 
of the CAA'') and 40 CFR 51.903(a), Table 1.
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    The EPA revoked the 1997 ozone NAAQS with the promulgation of the 
2008 ozone NAAQS,\5\ and certain requirements of the 1997 ozone NAAQS 
continue to apply as anti-backsliding measures under CAA section 
172(e). The United States Court of Appeals for the District of Columbia 
Circuit's decision in South Coast Air Quality Management District v. 
EPA, 882 F.3d 1138 (D.C. Cir. 2018) (``South Coast II'') recently 
addressed the EPA's obligation to reclassify areas for the revoked 1997 
ozone NAAQS where those areas failed to attain by their attainment 
date.\6\ The Court held that the EPA is required to continue to 
reclassify areas that fail to attain by the relevant attainment 
deadlines because mandatory reclassification under CAA section 
181(b)(2) must be retained as an anti-backsliding control after 
revocation.\7\ The Court did not address voluntary reclassifications 
requested by states, but such reclassifications are consistent with the 
general scheme for implementing CAA emissions controls to achieve 
attainment and taking this action will serve to clarify the area's 
anti-backsliding obligations with respect to the revoked 1997 
standards.
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    \5\ 80 FR 12263 (March 6, 2015).
    \6\ South Coast Air Quality Management Dist. v. EPA, 882 F.3d 
1138, 1147-48 (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).
    \7\ South Coast II, 882 F.3d at 1147-48.
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    Within the geographic boundaries of Coachella Valley is Indian 
country under the jurisdiction of the Agua Caliente Band of Cahuilla 
Indians, the Augustine Band of Cahuilla Mission Indians, the Cabazon 
Band of Mission Indians, the Santa Rosa Band of Cahuilla Indians, the 
Torres Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band 
of Mission Indians. Because the State of California does not have 
jurisdiction over Indian country located within its borders, CARB's 
request to reclassify the Coachella Valley does not apply to these 
areas of Indian country. The EPA implements federal CAA programs, 
including reclassifications, in Indian country consistent with our 
discretionary authority under sections 301(a) and 301(d)(4) of the CAA. 
The EPA has not received a reclassification request from any tribe with 
jurisdiction within the Coachella Valley, and this action does not 
reclassify any areas of Indian country within the Coachella Valley.\8\ 
In this action, we are adding regulatory text to 40 CFR part 81 to 
distinguish the areas of Indian country that will retain the Severe-15 
classification from the state areas that are included in the 
reclassification to Extreme.
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    \8\ The EPA has notified the Agua Caliente Band of Cahuilla 
Indians, the Augustine Band of Cahuilla Mission Indians, the Cabazon 
Band of Mission Indians, the Santa Rosa Band of Cahuilla Indians, 
the Torres Martinez Desert Cahuilla Indians, and the Twenty-Nine 
Palms Band of Mission Indians of CARB's intention to seek a 
voluntary reclassification, and we clarified that CARB's 
reclassification request includes only state lands and that the 
EPA's approval of the request will not apply to Indian country.
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    The EPA has determined that this action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with

[[Page 32843]]

public participation where public notice and comment procedures are 
``impracticable, unnecessary or contrary to the public interest.'' The 
EPA has determined that public notice and comment for this action is 
unnecessary because our action to approve voluntary reclassification 
requests under CAA section 181(b)(3) is nondiscretionary both in its 
issuance and in its content. As such, notice and comment rulemaking 
procedures would serve no useful purpose.
    The EPA also finds that there is good cause under APA section 
553(d)(3) for this reclassification to become effective on the date of 
publication. Section 553(d)(3) of the APA allows an effective date of 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' 5 U.S.C. 
553(d)(3). The purpose of the 30-day waiting period prescribed in APA 
section 553(d)(3) is to give affected parties a reasonable time to 
adjust their behavior and prepare before the final rule takes effect. 
This rule, however, does not create any new regulatory requirements 
such that affected parties would need time to prepare before the rule 
takes effect. The schedule for required plan submittals for Coachella 
Valley under the new classification will be proposed in a separate 
action. For this reason, the EPA finds good cause under APA section 
553(d)(3) for this reclassification to become effective on the date of 
publication.

II. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
final action is not a ``significant regulatory action'' and therefore 
is not subject to Executive Order 12866. This action is not an 
Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action 
because it is not significant under Executive Order 12866. With respect 
to lands under state jurisdiction, voluntary reclassifications under 
CAA section 181(b)(3) of the CAA are based solely upon requests by the 
state, and the EPA is required under the CAA to grant them. These 
actions do not, in and of themselves, impose any new requirements on 
any sectors of the economy. In addition, because the statutory 
requirements are clearly defined with respect to the differently 
classified areas, and because those requirements are automatically 
triggered by reclassification, reclassification does not impose a 
materially adverse impact under Executive Order 12866. For these 
reasons, this final action is also not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
    In addition, I certify that this final rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and that 
this final rule does not contain any unfunded mandate or significantly 
or uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4), because the EPA is 
required to grant requests by states for voluntary reclassifications 
and such reclassifications in and of themselves do not impose any 
federal intergovernmental mandate, and because tribes are not subject 
to implementation plan submittal deadlines that apply to states as a 
result of reclassifications.
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the federal government and Indian tribes, or 
on the distribution of power and responsibilities between the federal 
government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. This reclassification action relates 
to ozone, a pollutant that is regional in nature, and is not the type 
of action that could result in the types of local impacts addressed in 
Executive Order 12898.
    This final action also does not have Federalism implications 
because it does not have substantial direct effects on the states, on 
the relationship between the national government and the states, nor on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This final action does not alter the relationship or 
the distribution of power and responsibilities established in the CAA.
    This rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because EPA interprets Executive 
Order 13045 as applying only to those regulatory actions that concern 
health or safety risks, such that the analysis required under section 
5-501 of the Executive Order has the potential to influence the 
regulation.
    Reclassification actions do not involve technical standards and 
thus, the requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act (CRA), 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. This action is subject to the CRA, and 
the EPA will submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. The CRA allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by the CRA if the agency makes a good cause finding that notice and 
comment rulemaking procedures are impracticable, unnecessary or 
contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a 
good cause finding for this rule as discussed in section I of this 
preamble, including the basis for that finding. 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 September 9, 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 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone.


[[Page 32844]]


    Dated: June 12, 2019.
Michael Stoker,
Regional Administrator, Region IX.

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

PART 81--DESIGNATION FOR AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--[Amended]

0
2. In Sec.  81.305 the table entitled ``California--1997 8-Hour Ozone 
NAAQS (Primary and Secondary)'' is amended by revising the entry for 
``Riverside Co. (Coachella Valley), CA'' and adding footnote g to read 
as follows:


Sec.  81.305  California.

* * * * *

                           California--1997 8-Hour Ozone NAAQS (Primary and Secondary)
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                                             Designation \a\                     Category/classification
         Designated area         -------------------------------------------------------------------------------
                                    Date \1\             Type             Date \1\               Type
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                                                  * * * * * * *
Riverside Co. (Coachella
 Valley), CA:
    Riverside County (part) \g\.  ...........  Nonattainment..........      6/12/19  Subpart 2/Extreme.
        That portion of
         Riverside County which
         lies to the east of a
         line described as
         follows: Beginning at
         the Riverside-San Diego
         County boundary and
         running north along the
         range line common to
         Range 4 East and Range
         3 East, San Bernardino
         Base and Meridian; then
         east along the Township
         line common to Township
         8 South and Township 7
         South; then north along
         the range line common
         to Range 5 East and
         Range 4 East; then west
         along the Township line
         common to Township 6
         South and Township 7
         South to the southwest
         corner of Section 34,
         Township 6 South, Range
         4 East; then north
         along the west
         boundaries of Sections
         34, 27, 22, 15, 10, and
         3, Township 6 South,
         Range 4 East; then west
         along the Township line
         common to Township 5
         South and Township 6
         South; then north along
         the range line common
         to Range 4 East and
         Range 3 East; then west
         along the south
         boundaries of Sections
         13, 14, 15, 16, 17, and
         18, Township 5 South,
         Range 3 East; then
         north along the range
         line common to Range 2
         East and Range 3 East;
         to the Riverside-San
         Bernardino County line.
        And that portion of
         Riverside County which
         lies to the west of a
         line described as
         follows: That segment
         of the southwestern
         boundary line of
         Hydrologic Unit Number
         18100100 within
         Riverside County,
         further described as
         follows: Beginning at
         the Riverside-Imperial
         County boundary and
         running north along the
         range line common to
         Range 17 East and Range
         16 East, San Bernardino
         Base and Meridian; then
         northwest along the
         ridge line of the
         Chuckwalla Mountains,
         through Township 8
         South, Range 16 East
         and Township 7 South,
         Range 16 East, until
         the Black Butte
         Mountain, elevation
         4504'; then west and
         northwest along the
         ridge line to the
         southwest corner of
         Township 5 South, Range
         14 East; then north
         along the range line
         common to Range 14 East
         and Range 13 East; then
         west and northwest
         along the ridge line to
         Monument Mountain,
         elevation 4834'; then
         southwest and then
         northwest along the
         ridge line of the
         Little San Bernardino
         Mountains to Quail
         Mountain, elev. 5814';
         then northwest along
         the ridge line to the
         Riverside-San
         Bernardino County line.
    Agua Caliente Band of         ...........  Nonattainment..........        (\2\)  Subpart 2/Severe-15.
     Cahuilla Indians of the
     Agua Caliente Indian
     Reservation \e\.
    Augustine Band of Cahuilla    ...........  Nonattainment..........        (\2\)  Subpart 2/Severe-15.
     Indians \e\.
    Cabazon Band of Mission       ...........  Nonattainment..........        (\2\)  Subpart 2/Severe-15.
     Indians \e\.
    Santa Rosa Band of Cahuilla   ...........  Nonattainment..........        (\2\)  Subpart 2/Severe-15.
     Indians \e\.
    Torres Martinez Desert        ...........  Nonattainment..........        (\2\)  Subpart 2/Severe-15.
     Cahuilla Indians \e\.
    Twenty-Nine Palms Band of     ...........  Nonattainment..........        (\2\)  Subpart 2/Severe-15.
     Mission Indians of
     California \e\.
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
 * * * * * * *
\e\ Includes Indian country of the tribe listed in this table. Information pertaining to areas of Indian country
  in this table is intended for CAA planning purposes only and is not an EPA determination of Indian country
  status or any Indian country boundary. The EPA lacks the authority to establish Indian country land status,
  and is making no determination of Indian country boundaries, in this table.
 * * * * * * *
\g\ Excludes Indian country of the Agua Caliente Band of Cahuilla Indians, the Augustine Band of Cahuilla
  Mission Indians, the Cabazon Band of Mission Indians, the Santa Rosa Band of Cahuilla Indians, the Torres
  Martinez Desert Cahuilla Indians, and the Twenty-Nine Palms Band of Mission Indians in Riverside County.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.


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[FR Doc. 2019-14612 Filed 7-9-19; 8:45 am]
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