[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2311-2313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00178]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0240; FRL-10003-97-Region 9]
Extreme Area Submission Requirements, Coachella Valley
Nonattainment Area; California Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a schedule for California to submit an ``Extreme''
ozone nonattainment area plan addressing the requirements of CAA
section 182(e) and revised title V and new source review (NSR) rules
for the 1997 8-hour ozone national ambient air quality standards
(NAAQS). The EPA is approving a deadline of one year from the effective
date of this rule for the State to submit a state implementation plan
(SIP) revision addressing these requirements and to implement the
related control requirements.
DATES: This final action is effective on February 14, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0240. 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, 75 Hawthorne
St., San Francisco, CA 94105. By phone: (415) 972-3856 or by email at
[email protected].
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SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 10, 2019, the EPA granted \1\ a request by the California
Air Resources Board (CARB) to voluntarily reclassify the Coachella
Valley portion of Riverside County, California (``Coachella Valley'')
from ``Severe-15'' to ``Extreme'' for the 1997 ozone NAAQS.\2\ On
August 27, 2019 (84 FR 44801), the EPA proposed to require CARB and the
South Coast Air Quality Management District (SCAQMD or ``District'') to
submit SIP revisions addressing the requirements resulting from the
EPA's reclassification by no later than July 10, 2020, one year from
the effective date of the reclassification. Our proposal specified that
the State's submittal must include an Extreme area plan that addresses
the requirements of CAA section 182(e), including but not limited to:
(1) An attainment demonstration showing attainment of the 1997 ozone
NAAQS as expeditiously as practicable but no later than June 15, 2024;
(2) a reasonable further progress (RFP) demonstration showing ozone
precursor reductions of at least 3 percent per year until the
attainment date; (3) additional reasonably available control technology
(RACT) rules to address sources subject to the lower Extreme area major
source threshold; (4) use of clean fuels or advanced control technology
for boilers as described at CAA section 182(e)(3); and (5) contingency
measures.\3\ In addition, as explained in the proposal, California must
submit revised title V and NSR rules for the Coachella Valley that
reflect the Extreme area definitions for new major sources and
modifications, as well as increase the offset ratios for these sources
and modifications consistent with CAA section 182(e)(1) and (2).\4\
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\1\ 84 FR 32841; see also 84 FR 50760 (September 26, 2019)
correcting the docket number. As explained in the July 10, 2019
notice, the EPA's reclassification to Extreme nonattainment applies
only to the portions of the Coachella Valley subject to the State's
jurisdiction, and the EPA did not reclassify any areas of Indian
country within the boundaries of the nonattainment area.
\2\ The EPA revoked the 1997 ozone NAAQS with the promulgation
of the 2008 ozone NAAQS, 80 FR 12263 (March 6, 2015). Following
revocation, certain requirements of the 1997 ozone NAAQS continue to
apply as anti-backsliding measures under CAA section 172(e).
\3\ Id. at 44802.
\4\ Under CAA section 182(e), the major source threshold for an
Extreme nonattainment area is 10 tons per year (tpy), which is lower
than the 25 tpy threshold for a Severe-15 area. Under CAA section
182(e)(1), the permitting offset ratios for volatile organic
compound and oxides of nitrogen for major sources and modifications
in an Extreme nonattainment area must be at least 1.5 to 1, or at
least 1.2 to 1 if the plan requires all existing major sources in
the nonattainment area to use the best available control technology.
Under CAA section 182(e)(2), any change at a major stationary source
that results in an increase in emissions from any discrete
operation, unit, or other pollutant emitting activity at the source
is generally considered a modification, subject to additional
provisions for emissions increases offset through internal
reductions and for equipment that is installed to comply with CAA
requirements. See 42 U.S.C. 7511a(e).
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Please see our August 27, 2019 proposed rule for additional
background and a more detailed explanation of our proposed action.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received three comments, including one not
relevant to the proposed action. The full text of these comments is
available in the docket for this action.\5\ Below, we provide summaries
of the two relevant comments and our responses.
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\5\ See http://www.regulations.gov under docket ID number EPA-
R09-OAR-2019-0240.
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Comment #1: One anonymous commenter supported the reclassification
of the Coachella Valley, but asked how the reclassification will
improve air quality. The commenter stated that air quality in the area
calls for drastic action from the state, and cited other environmental
hazards of concern, such as pesticide application, failing septic
systems, illegal waste dumps, inadequate housing, unpaved streets and
contaminated bodies of water. The commenter also emphasized the need
for action on the part of public agencies, elected officials,
foundations, businesses, advocates and residents.
Response #1: The EPA granted the reclassification request,
effective July 10, 2019. This action specifies the schedule for CARB to
submit the elements necessary to meet the Extreme requirements for the
1997 ozone NAAQS, including new rules to lower the major source
threshold from 25 tons per year to 10 tons per year. The SCAQMD and
CARB must identify and implement the control measures necessary to
improve air quality sufficiently to attain the standards, and the EPA
will take action on the submitted measures and elements in a separate
action, with another opportunity for public comment.
Comment #2: The SCAQMD requested additional time to submit a plan
addressing the Extreme nonattainment requirements for the Coachella
Valley. The District explained that the public process for amending the
NSR and title V permitting rules is expected to take at least 9 months,
and that the development of contingency measures would take at least
one year to allow for sufficient public process. Based on these
estimates and considering the time needed to develop the other SIP
requirements, the District states that the proposed July 10, 2020
deadline is not adequate to satisfy the applicable requirements. The
District requests that the EPA extend the submittal deadline to one
year from the effective date of the action.
Response #2: We recognize that the District and CARB will require
adequate time to develop and implement new measures and strategies,
revise local rules, complete necessary analysis and demonstrations, and
to provide adequate opportunities for public involvement. The State
must ensure that all required planning elements for an Extreme
nonattainment area are satisfied, that public processes are completed,
and that the resulting plan is sufficient to demonstrate attainment of
the 1997 ozone NAAQS in the Coachella Valley as expeditiously as
practicable but no later than June 15, 2024. Because we find the
District's request for additional time reasonable, and we believe the
additional time will not impede the area's attainment of the standard
by the attainment date, we agree with the commenter's proposed
extension of the submittal deadline to one year from the effective date
of this rule.
III. EPA Action
For the reasons discussed in detail in the proposed rule and
Section II of this document, the EPA is setting a deadline for
submittal of SIP revisions to address the Extreme area requirements for
the Coachella Valley as no later than one year from the effective date
of this rule.
IV. Statutory and Executive Order Reviews
Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this action is not a
``significant regulatory action'' and therefore is not subject to
review by the Office of Management and Budget. Because the statutory
requirements are clearly defined with respect to the differently
classified areas, and because those requirements are automatically
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triggered by classification, the timing of the submittal of the Extreme
area requirements does not impose a materially adverse impact under
Executive Order 12866. For these reasons, this 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). Furthermore, 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.
In addition, I certify that this action 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.), because the action
addresses only the timing of submittals required by the Clean Air Act.
For the same reason, this action does not have regulatory requirements
that might significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175 (65 FR 67249, November 9, 2000) requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects 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.'' Because this action addresses only the
timing of submittals required by the State and would not affect areas
of Indian Country, this action 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.
This 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, or 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 action does not alter the relationship, or the
distribution of power and responsibilities established in the Clean Air
Act.
This rule also is not subject to Executive Order 13045. The EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that concern environmental health or safety risks such that the
analysis required under section 5-501 of the Executive order has the
potential to influence the regulation. This action does not concern an
environmental health risk or safety risk.
As this action would set a deadline for the submittal of CAA
required plans and information, 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.).
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 action addresses the timing for
the submittal of Extreme area ozone planning requirements, and we find
that it does not have disproportionately high and adverse human health
or environmental health effects on minority populations, low-income
populations and/or indigenous peoples, as specified in Executive Order
12898.
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 March 16, 2020. 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, Incorporation by reference, Ozone.
Dated: December 18, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2020-00178 Filed 1-14-20; 8:45 am]
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