[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76139-76141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24001]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0681; FRL-10386-02-R9]


Approval of Air Quality Implementation Plans; Vehicle Miles 
Traveled Emissions Offset Demonstrations for the 2015 Ozone Standards; 
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 revisions to the California state implementation plan 
(SIP) concerning vehicle miles traveled (VMT) offset demonstrations for 
the Los Angeles-South Coast Air Basin (South Coast), Riverside County 
(Coachella Valley), Los Angeles-San Bernadino Counties (West Mojave 
Desert), and San Joaquin Valley nonattainment areas (NAAs) for the 2015 
ozone national ambient air quality standards (2015 ozone NAAQS). The 
EPA is taking action to approve these revisions because they 
demonstrate that California has added or implemented specific 
enforceable transportation control strategies and transportation 
control measures to offset

[[Page 76140]]

the growth in emissions from growth in VMT and vehicle trips. We are 
taking final action to approve these revisions under the Clean Air Act 
(CAA or ``the Act''), which establishes VMT offset demonstration 
requirements for ozone nonattainment areas classified as ``Severe'' or 
``Extreme.''

DATES: This action will be effective on December 6, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0681. 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 or other information whose disclosure 
is restricted by stature. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
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 a disability 
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: Michael Dorantes, Geographic 
Strategies and Modeling Section (AIR-2-2), EPA Region IX, (415) 972-
3934, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' refer to the EPA.
    Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On December 20, 2022, the EPA proposed to approve a revision to the 
California SIP concerning VMT emissions offset demonstrations required 
for the Coachella Valley and West Mojave Desert Severe ozone NAAs and 
for the South Coast and San Joaquin Valley Extreme ozone NAAs.\1\ 
Section 182(d)(1)(A) of the Act and 40 CFR 51.1302 require a state to 
submit, for each ozone nonattainment area classified as Severe or 
above, a SIP revision that ``identifies or adopts specific enforceable 
transportation control strategies and transportation control measures 
to offset any growth in emissions from growth in vehicle miles traveled 
or number of vehicle trips in such area.'' Herein, we refer to this SIP 
requirement as the ``VMT emissions offset requirement.'' In addition, 
we refer to the SIP revision intended to demonstrate compliance with 
the VMT emissions offset requirement as the ``VMT emissions offset 
demonstration.'' In Association of Irritated Residents v. EPA, the 
Ninth Circuit ruled that additional transportation control measures are 
required whenever vehicle emissions are projected to be higher than 
they would have been had VMT not increased, even when aggregate vehicle 
emissions are decreasing.\2\ In August 2012, the EPA issued a 
memorandum titled ``Implementing Clean Air Act Section 182(d)(1)(A): 
Transportation Control Measures and Transportation Control Strategies 
to Offset Growth in Emissions Due to Growth in Vehicle Miles 
Travelled'' (``August 2012 Guidance'').\3\ The August 2012 Guidance 
discusses the meaning of ``transportation control strategies'' and 
``transportation control measures'' and recommends that both be 
included in the calculations made for the purpose of determining the 
degree to which any hypothetical growth in emissions due to growth in 
VMT should be offset. The proposed rulemaking for this action outlines 
the August 2012 Guidance in further detail and how states may 
demonstrate that their VMT emissions offset demonstrations can 
satisfactorily conform with Court's ruling in Association of Irritated 
Residents.
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    \1\ 87 FR 77774 (December 20, 2022).
    \2\ See Association of Irritated Residents v. EPA, 632 F.3d. 
584, at 596-597 (9th Cir. 2011), reprinted as amended on January 27, 
2012, 686 F.3d 668, further amended February 13, 2012 (``Association 
of Irritated Residents'').
    \3\ Memorandum dated August 30, 2012, Karl Simon, Director 
Transportation and Climate Division, Office of Transportation and 
Air Quality, to Carl Edland, Director, Multimedia Planning and 
Permitting Division, EPA Region VI, and Deborah Jordan, Director, 
Air Division, EPA Region IX.
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    The California Air Resources Board (CARB) provided two separate 
submittals as VMT emissions offset demonstrations for California's 
Severe and Extreme ozone NAAs. On July 27, 2020, CARB submitted a staff 
report to the EPA titled ``70 ppb Ozone SIP Submittal'' (``July 2020 
submittal'').\4\ In part, the July 2020 submittal contains the VMT 
offset demonstrations for the South Coast, Coachella Valley, and San 
Joaquin Valley ozone NAAs.\5\ Additionally, on December 28, 2020, CARB 
submitted to the EPA a staff report titled ``West Mojave Desert VMT 
Offset Demonstration'' (``December 2020 submittal'') for the West 
Mojave Desert ozone NAA.\6\
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    \4\ Letter dated July 24, 2020, from Richard W. Corey, Executive 
Officer, CARB, to John Busterud, Regional Administrator, EPA Region 
IX (submitted electronically July 27, 2020).
    \5\ The July 2020 submittal also addresses base year emissions 
inventory requirements for 18 of the 21 NAAs in California. The EPA 
approved the July 2020 submittal as meeting the base year emissions 
inventory requirements for the 18 areas addressed in the submittal 
on September 29, 2022, (87 FR 59015).
    \6\ Letter dated December 28, 2020, from Richard W. Corey, 
Executive Officer, CARB, to John Busterud, Regional Administrator, 
EPA Region IX (submitted electronically December 29, 2020).
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    In our proposal, we evaluated the portions of the July 2020 
submittal that address the South Coast, Coachella Valley, and San 
Joaquin Valley VMT offset demonstrations and the December 2020 
submittal of the West Mojave Desert VMT offset demonstration against 
the statutory and regulatory requirements of CAA section 182(d)(1)(A) 
and 40 CFR 51.1302, and detailed our consideration of relevant Agency 
guidance and court rulings. The full evaluation and discussion of our 
review of the State's submittals can be found in our proposal. Therein 
we proposed approval of the submittals as revisions to the California 
SIP on the basis that they met the VMT emissions offset requirements of 
CAA section 182(d)(1)(A) and 40 CFR 51.1302 for the 2015 ozone NAAQS.

II. Public Comments and EPA Responses

    The 30-day public comment period for the notice of proposed 
rulemaking closed on January 19, 2023. We did not receive any public 
comments.

III. Final Action

    For the reasons discussed in our proposed rule and summarized in 
this document, we are finalizing our approval of the following as 
revisions to the California SIP:
    [ssquf] VMT emissions offset demonstration element in the July 27, 
2020 CARB submittal for the Los Angeles-South Coast Air Basin (South 
Coast), Riverside County (Coachella Valley), and San Joaquin Valley 
ozone nonattainment areas as meeting the requirements of CAA section 
182(d)(1)(A) and 40 CFR 51.1302 for the 2015 ozone NAAQS.
    [ssquf] VMT emissions offset demonstration element in the December 
28, 2020 CARB submittal for the Los Angeles-San Bernadino Counties 
(West Mojave Desert) ozone nonattainment area as meeting the 
requirements of CAA section 182(d)(1)(A) and 40 CFR 51.1302 for the 
2015 ozone NAAQS.

[[Page 76141]]

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, this rulemaking 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, 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. 
This final 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 Executive Order 12898 of 
achieving environmental justice for people of color, low-income 
populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements.

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

    Dated: October 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends part 52, 
chapter I, title 40 of the Code of Federal Regulations 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)(589)(ii)(A)(2) 
and (c)(605) to read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (589) * * *
    (ii) * * *
    (A) * * *
    (2) California Air Resources Board ``70 ppb Ozone SIP Submittal,'' 
section III, ``VMT Offset Demonstration,'' adopted on June 25, 2020.
* * * * *
    (605) The following materials were submitted electronically on 
December 29, 2020, by the Governor's designee as an attachment to a 
letter dated December 28, 2020.
    (i) [Reserved]
    (ii) Additional materials.
    (A) California Air Resources Board.
    (1) ``West Mojave Desert Vehicle-Miles Traveled Offset 
Demonstration,'' adopted on October 22, 2020.
    (2) [Reserved]
    (B) [Reserved]

[FR Doc. 2023-24001 Filed 11-3-23; 8:45 am]
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