[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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