[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55377-55379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17363]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0754; FRL-9514-02-R9]


Air Plan Approvals; California; South Coast Air Quality 
Management District, Imperial and Ventura County Air Pollution Control 
Districts; Nonattainment New Source Review; 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve three state implementation plan (SIP) revisions 
submitted by the State of California addressing the nonattainment new 
source review (NNSR) requirements for the 2015 8-hour ozone

[[Page 55378]]

National Ambient Air Quality Standards (NAAQS). These SIP revisions 
address the South Coast Air Quality Management District (SCAQMD or 
``District''), Imperial County Air Pollution Control District (ICAPCD 
or ``District''), and Ventura County Air Pollution Control District 
(VCAPCD or ``District'') portions of the California SIP. This action is 
being taken pursuant to the Clean Air Act (CAA or ``Act'') and its 
implementing regulations.

DATES: This rule is effective September 14, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2021-0754. 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. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Amita Muralidharan, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4140 or by 
email at [email protected].

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

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 14, 2022 (87 FR 22163), the EPA proposed to approve the 
SIP revisions listed in Table 1, addressing the NNSR requirements for 
the 2015 ozone NAAQS for the SCAQMD, ICAPCD, and VCAPCD.

                Table 1--Submitted Certification Letters
------------------------------------------------------------------------
              District                  Adoption date    Submittal date
------------------------------------------------------------------------
South Coast Air Quality Management            6/4/2021          8/3/2021
 District (SCAQMD)..................
Imperial County Air Pollution                6/22/2021          8/3/2021
 Control District (ICAPCD)..........
Ventura County Air Pollution Control          6/8/2021          8/3/2021
 District (VCAPCD)..................
------------------------------------------------------------------------

    We proposed approval of the submitted SIP revisions because we 
determined that the 2015 ozone certifications submitted by the 
Districts fulfill the 40 CFR 51.1314 revision requirement and meet the 
requirements of CAA section 110 and the minimum SIP requirements of 40 
CFR 51.165. Our proposed action contains more information on the SIP 
revisions and our evaluation.

II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one non-germane comment. A copy of the 
comment is in the docket for this action.

III. EPA Action

    No comments were submitted during the 30-day public comment period 
that change our assessment from what we described in our proposed 
action. Therefore, as authorized in section 110(k)(3) of the Act, the 
EPA is approving these three certifications into the California SIP as 
proposed.

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 14094 (88 FR 21879, April 11, 2023);
     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); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws,

[[Page 55379]]

regulations, and policies.'' The EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies.''
    The State did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
Due to the nature of the action being taken here, this action is 
expected to have a neutral to positive impact on the air quality of the 
affected area. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 October 16, 2023. 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: August 8, 2023.
Martha Guzman Aceves,
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 adding paragraphs (c)(591)(ii)(B)(2), 
(c)(591)(ii)(C) and (D) to read as follows:


Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (591) * * *
    (ii) * * *
    (B) * * *
    (2) ``Final Certification of Nonattainment New Source Review and 
Clean Fuels for Boilers Compliance Demonstration for 2015 8-hour Ozone 
Standard,'' excluding the ``Clean Fuels for Boilers Compliance 
Demonstration,'' adopted June 4, 2021.
    (C) Ventura County Air Pollution Control District.
    (1) ``Certification of the Nonattainment New Source Review Program 
Compliance Demonstration for the 2015 Federal Ozone Standard,'' adopted 
June 8, 2021.
    (2) [Reserved]
    (D) Imperial County Air Pollution Control District.
    (1) ``The Certification of the Nonattainment New Source Review 
Permit Program for Imperial County Applicable to the 2015 Ozone 
National Ambient Air Quality Standard,'' adopted June 22, 2021.
    (2) [Reserved]
* * * * *
[FR Doc. 2023-17363 Filed 8-14-23; 8:45 am]
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