[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15035-15038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04106]



[[Page 15035]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0135; FRL-9538-01-R9]


Air Quality Implementation Plans; California; San Diego County; 
2008 and 2015 8-Hour Ozone Nonattainment Area Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve portions of two State implementation plan (SIP) 
revisions submitted by the State of California to meet Clean Air Act 
(CAA) requirements for the 2008 8-hour ozone national ambient air 
quality standards (NAAQS or ``standards'') and the 2015 8-hour ozone 
NAAQS in the San Diego County ozone nonattainment area (``San Diego 
County area'' or ``area''). The first SIP revision, ``2020 Plan for 
Attaining the National Ambient Air Quality Standards for Ozone in San 
Diego County'' (``2020 San Diego County Ozone SIP'' or ``2020 Plan''), 
addresses most of the SIP requirements for the area. The second SIP 
revision, referred to as the ``Smog Check Certification,'' supplements 
the motor vehicle inspection and maintenance program portion of the 
2020 Plan. The EPA is taking final action to approve the 2020 Plan, and 
the San Diego County area portion of the Smog Check Certification, as 
meeting all the applicable ozone nonattainment area requirements for 
the 2008 and 2015 8-hour ozone NAAQS addressed by the plan except for 
the emissions statement requirement that the EPA previously found to 
have been met and the contingency measure requirements, for which the 
EPA is deferring action.

DATES: This rule is effective April 1, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R09-OAR-2021-0135. 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 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: John J. Kelly, Air Planning Office 
(AIR-2-1), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105; 
phone: (415) 947-4151; email: [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. Environmental Justice Considerations
IV. EPA Action
V. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On December 19, 2023 (88 FR 87850), the EPA proposed to approve all 
of the ``2020 Plan for Attaining the National Ambient Air Quality 
Standards for Ozone in San Diego County,'' submitted on January 12, 
2021, with two exceptions, and the San Diego County area vehicle 
inspection and maintenance (I/M) SIP revision for the 2008 and 2015 
ozone NAAQS, i.e., the San Diego County area portion of the 
``California Smog Check Performance Standard Modeling and Program 
Certification for the 70 Parts Per Billion (ppb) 8-Hour Ozone 
Standard'' (also referred to as the ``Smog Check Certification''), 
submitted on April 26, 2023. The portions of the 2020 Plan on which we 
did not propose action are the portion addressing the emissions 
statement requirement, which we already approved in a separate 
rulemaking, and the portion addressing the contingency measures 
requirement, for which we are deferring action.
    Our December 19, 2023 proposed rule contains more information on 
the plans, our evaluation, and our rationale for proposing approval.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. Environmental Justice Considerations

    This document takes final action to approve certain SIP elements 
included in the 2020 Plan and the San Diego County area portion of the 
Smog Check Certification. Information on ozone and its relationship to 
negative health impacts can be found on the EPA's website. We expect 
that this action will generally be neutral or contribute to reduced 
environmental and health impacts on all populations in the San Diego 
County area, including people of color and low-income populations in 
the area. At a minimum, the action would not worsen any existing air 
quality and is expected to ensure the area is meeting requirements to 
attain air quality standards. Further, there is no information in the 
record indicating that this action is expected to have 
disproportionately high or adverse human health or environmental 
effects on a particular group of people. Lastly, although the San Diego 
County Air Pollution Control District (``District'') did not perform an 
environmental justice review specifically for the 2020 Plan, the 
District does implement the State's ``Community Air Protection 
Program'' in San Diego County. This environmental justice program 
identifies specific communities based on environmental, health, and 
socioeconomic information in order to reduce their pollution exposure.

IV. EPA Action

    No comments were submitted. Therefore, pursuant to section 
110(k)(3) of the CAA, and for the reasons provided in our December 19, 
2023 proposed rule, the EPA is taking final action to approve into the 
California SIP all of the ``2020 Plan for Attaining the National 
Ambient Air Quality Standards for Ozone in San Diego County,'' 
submitted to the EPA on January 12, 2021, with two exceptions, and the 
San Diego County area I/M SIP revision for the 2008 and 2015 ozone 
NAAQS, i.e., the San Diego County area portion of the ``Smog Check 
Certification,'' submitted on April 26, 2023. More specifically, we are 
taking final action to approve the following portions of the 2020 Plan, 
as supplemented by the Smog Check Certification, as meeting the 
following requirements:
     Base year emissions inventory element as meeting the 
requirements of CAA sections 172(c)(3) and 182(a)(1) for the 2008 and 
2015 ozone NAAQS, 40 CFR 51.1115 for the 2008 ozone NAAQS, and 40 CFR 
51.1315 for the 2015 ozone NAAQS;
     Reasonably Available Control Measures (RACM) demonstration 
element as meeting the requirements of CAA section 172(c)(1) for the 
2008 and 2015 ozone NAAQS, 40 CFR 51.1112(c) for the 2008 ozone NAAQS, 
and 40 CFR 51.1312(c) for the 2015 ozone NAAQS;

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     Attainment demonstration element for the 2008 ozone NAAQS 
as meeting the requirements of CAA section 182(c)(2)(A) and 40 CFR 
51.1108;
     Attainment demonstration element for the 2015 ozone NAAQS 
as meeting the requirements of CAA section 182(c)(2)(A) and 40 CFR 
51.1308, and the related commitments by the California Air Resources 
Board (CARB) (through CARB Resolution 20-29) to achieve an aggregate 
emissions reduction of 4 tpd of NOX by 2032 in the San Diego 
County area and by the District (through District Resolution 20-166) to 
achieve emissions reductions of 1.7 tpd of NOX by 2032;
     Rate of Progress (ROP) demonstration element as meeting 
the requirements of CAA section 182(b)(1) for the 2008 and 2015 ozone 
NAAQS, 40 CFR 51.1110(a)(2) for the 2008 ozone NAAQS, and 40 CFR 
51.1310(a)(2) for the 2015 ozone NAAQS;
     Reasonable Further Progress (RFP) demonstration element as 
meeting the requirements of CAA sections 172(c)(2), 182(b)(1), and 
182(c)(2)(B) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1110(a)(2)(i) 
and (ii) for the 2008 ozone NAAQS, and 40 CFR 51.1310(a)(2)(ii) for the 
2015 ozone NAAQS;
     Vehicle Miles Traveled (VMT) emissions offset 
demonstration element as meeting the requirements of CAA section 
182(d)(1)(A) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102 for the 
2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS;
     Motor vehicle emissions budgets for the 2020 and 2023 RFP 
milestone years and the 2026 attainment year (see Table 1) because they 
are consistent with the RFP and attainment demonstrations for the 2008 
ozone NAAQS approved herein and meet the other criteria in 40 CFR 
93.118(e)(4);

Table 1--Motor Vehicle Emissions Budgets for the 2008 Ozone NAAQS in the
                          San Diego County Area
                    [Summer planning inventory, tpd]
------------------------------------------------------------------------
               Budget year                      VOC             NOX
------------------------------------------------------------------------
2020....................................            16.3            28.1
2023....................................            13.6            19.3
2026....................................            12.1            17.3
------------------------------------------------------------------------
Source: 2020 Plan, Table 3-1.

     Motor vehicle emissions budgets for the 2023, 2026, and 
2029 RFP milestone years and the 2032 attainment year (see Table 2) 
because they are consistent with the RFP and attainment demonstrations 
for the 2015 ozone NAAQS approved herein and meet the other criteria in 
40 CFR 93.118(e)(4);

Table 2--Motor Vehicle Emissions Budgets for the 2015 Ozone NAAQS in the
                          San Diego County Area
                    [Summer planning inventory, tpd]
------------------------------------------------------------------------
               Budget year                      VOC             NOX
------------------------------------------------------------------------
2023....................................            13.6            19.3
2026....................................            12.1            17.3
2029....................................            11.0            15.9
2032....................................            10.0            15.1
------------------------------------------------------------------------
Source: 2020 Plan, Table 4-1.

     General conformity budgets (or growth increments, in this 
case) for the Department of the Navy (DoN) and United States Marine 
Corps (USMC), and for the San Diego International Airport (SDIA), see 
Table 3, as meeting the requirements of CAA section 176(c) and 40 CFR 
93.161;

Table 3--Facility-wide General Conformity Budgets (Increments of Growth)
 for the Department of the Navy and United States Marine Corps, and for
         the San Diego International Airport in San Diego County
                    [Summer planning inventory, tpd]
------------------------------------------------------------------------
                Facility                        VOC             NOX
------------------------------------------------------------------------
DoN and USMC............................            1.08            8.34
SDIA....................................           0.141           1.756
------------------------------------------------------------------------
Source: 2020 Plan, pp. 18 and 19.

     Enhanced vehicle inspection and maintenance program 
element in the 2020 Plan, as supplemented by the San Diego County area 
portion of the Smog Check Certification, as meeting the requirements of 
CAA section 182(c)(3) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102 
for the 2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS;
     Clean fuels fleet program element as meeting the 
requirements of CAA sections 182(c)(4)(A) and 246 for the 2008 and 2015 
ozone NAAQS, 40 CFR 51.1102 for the 2008 ozone NAAQS, and 40 CFR 
51.1302 for the 2015 ozone NAAQS;
     New Source Review program element as meeting the 
requirements of CAA sections 172(c)(5), 173, and 182(a)(2)(C) for the 
2008 and 2015 ozone NAAQS, 40 CFR 51.1114 for the 2008 ozone NAAQS, and 
40 CFR 51.1314 for the 2015 ozone NAAQS; and
     Enhanced monitoring element as meeting the requirements of 
CAA

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section 182(c)(1) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102 for 
the 2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS.

V. 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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     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 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 (65 FR 67249, November 
9, 2000).
    Furthermore, Executive Order 12898, ``Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations'' (59 FR 7629, February 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. However, 
as described in section III (Environmental Justice Considerations) of 
this document, the District does participate in the State's 
environmental justice program. The EPA did not perform an EJ analysis 
and did not consider EJ in this action. Due to the nature of this 
action, this action is expected to have a neutral to positive impact on 
the air quality of San Diego County. 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, to 
achieve 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 April 30, 2024. 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 oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: February 21, 2024.
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. In Sec.  52.220, add paragraphs (c)(581)(ii)(A)(2) through (5) and 
(c)(581)(ii)(B), reserved paragraph (c)(610), and paragraph (c)(611) to 
read as follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (581) * * *
    (ii) * * *
    (A) * * *
    (2) ``2020 Plan for Attaining the National Ambient Air Quality 
Standards for Ozone in San Diego County (October 2020),'' adopted on 
October 14, 2020, excluding the ``Emissions Statement Rule 
Certification,'' and the contingency measure element.
    (3) Resolution 20-166, dated October 14, 2020, adopting the ``2020 
Plan for Attaining the National Ambient Air Quality Standards for Ozone 
in San Diego County (October 2020),'' including a commitment to achieve 
emissions reductions of 1.7 tons per day of NOX by 2032 
through adoption to amendments to San Diego County Air Pollution 
Control District Rules 69.4.1 and 69.2.1 and to the adoption of new San 
Diego County Air Pollution Control District Rule 69.2.2.
    (4) Letter dated July 31, 2023, from Ted Anasis, Manager, Airport 
Planning, San Diego International Airport, to Nick Cormier, San Diego 
County Air Pollution Control District.

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    (5) Letter dated August 16, 2023, from J.C. Golumbfskie-Jones, 
Fleet Environmental Director, Commander Navy Region Southwest, 
Department of the Navy, to Paula Forbis, Air Pollution Control Officer, 
San Diego County Air Pollution Control District.
    (B) California Air Resources Board.
    (1) Resolution 20-29, dated November 19, 2020, adopting a 
commitment to achieve an aggregate emissions reduction of 4.0 tons per 
day of NOX in San Diego County by 2032 and a commitment from 
the California Air Resources Board to propose to the Board the Heavy-
Duty Engine and Vehicle Omnibus Regulation, Advanced Clean Trucks 
Regulation, and Heavy Duty Vehicle Inspection Program and Periodic 
Smoke Inspection Program.
    (2) [Reserved]
* * * * *
    (610) [Reserved]
    (611) The following materials were submitted on April 26, 2023, by 
the Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) California Air Resources Board.
    (1) The San Diego County area portion of the ``California Smog 
Check Performance Standard Modeling and Program Certification for the 
70 Parts Per Billion (ppb) 8-Hour Ozone Standard,'' adopted on March 
23, 2023.
    (2) [Reserved]
    (B) [Reserved]

[FR Doc. 2024-04106 Filed 2-29-24; 8:45 am]
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