[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Proposed Rules]
[Pages 66291-66295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17573]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0327; FRL-12106-01-R9]


Finding of Failure To Attain the 1997 8-Hour Ozone Standards; 
California; Los Angeles-South Coast Air Basin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Los Angeles-South Coast Air Basin (``South Coast'') 
ozone nonattainment area failed to attain the 1997 8-hour ozone 
national ambient air quality standard by its June 15, 2024 ``Extreme'' 
area attainment date. This proposed determination is based on quality-
assured and certified ambient air quality monitoring data from 2021 
through 2023.

DATES: Comments must be received on or before September 16, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0327 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. 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. 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: Ginger Vagenas, EPA Region IX, ARD-2, 
75 Hawthorne St., San Francisco, CA 94105: telephone number: (415) 972-
3964; email address: [email protected].

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

Table of Contents

I. Background
    A. Regulatory Context
    B. History of the 1997 8-Hour Ozone NAAQS in the South Coast
II. EPA Analysis
    A. Applicable Statutory and Regulatory Provisions
    B. Monitoring Network Considerations
    C. Data Considerations
III. Public Comment and Proposed Action
IV. Statutory and Executive Order Reviews

I. Background

A. Regulatory Context

    Ground-level ozone pollution is formed from the reaction of 
volatile organic compounds (VOC) and oxides of nitrogen 
(NOX) in the presence of sunlight.\1\ These two pollutants, 
referred

[[Page 66292]]

to as ozone precursors, are emitted by many types of sources, including 
on- and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints.
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    \1\ The State of California refers to reactive organic gases 
(ROG) rather than VOC in some of its ozone-related SIP submissions. 
As a practical matter, ROG and VOC refer to the same set of chemical 
constituents, and for the sake of simplicity, we refer to this set 
of gases as VOC in this proposed rule.
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    Scientific evidence indicates that adverse public health effects 
occur following exposure to ozone, particularly in children and adults 
with lung disease. Breathing air containing ozone can reduce lung 
function and inflame airways, which can increase respiratory symptoms 
and aggravate asthma or other lung diseases.\2\
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    \2\ EPA, Health Effects of Ozone Pollution, available at https://www.epa.gov/ground-level-ozone-pollution/health-effects-ozone-pollution.
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    Under section 109 of the Clean Air Act (CAA or ``Act''), the EPA 
promulgates national ambient air quality standards (NAAQS or 
``standards'') for pervasive air pollutants, such as ozone. The NAAQS 
are concentration levels whose attainment and maintenance the EPA has 
determined to be requisite to protect public health and welfare. In 
1979, under section 109 of the CAA, the EPA established primary and 
secondary standards for ozone at 0.12 parts per million (ppm) averaged 
over a 1-hour period.\3\
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    \3\ 44 FR 8202 (February 8, 1979).
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    On July 18, 1997, the EPA revised the primary and secondary NAAQS 
for ozone to set the acceptable level of ozone in the ambient air at 
0.08 ppm, averaged over an 8-hour period.\4\ The EPA set the 1997 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone 
causes adverse health effects at lower concentrations and over longer 
periods of time than was understood when the pre-existing 1-hour ozone 
standards were set. The EPA determined that the 8-hour standard would 
be more protective of human health, especially for children and for 
adults who are active outdoors, and for individuals with a preexisting 
respiratory disease, such as asthma.
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    \4\ 62 FR 38856 (July 18, 1997). Primary standards provide 
public health protection, including protecting the health of 
``sensitive'' populations such as asthmatics, children, and the 
elderly. Secondary standards provide public welfare protection, 
including protection against decreased visibility and damage to 
animals, crops, vegetation, and buildings. Since the primary and 
secondary standards established in 1997 are set at the same level, 
we refer to them herein using the singular ``1997 8-hour ozone 
NAAQS'' or ``1997 8-hour ozone standard.''
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    In March 2008, the EPA completed another review of the primary and 
secondary ozone standards and tightened them further by lowering the 
level for both to 0.075 ppm.\5\ The EPA revoked the 1997 8-hour ozone 
NAAQS effective April 6, 2015; \6\ however, to comply with anti-
backsliding requirements of the Act, areas designated nonattainment at 
the time that the 1997 8-hour ozone NAAQS was revoked remain subject to 
certain requirements based on their classification at the time of 
revocation, including requirements related to nonattainment contingency 
measures under CAA sections 172(c)(9) and 182(c)(9) and, for ``Severe'' 
and ``Extreme'' areas, major source fee programs under CAA section 
185.\7\ The EPA's determination that an area failed to attain by its 
attainment date, which is made under CAA section 301 and consistent 
with section 181(b)(2), triggers these anti-backsliding requirements. 
See South Coast Air Quality Mgmt. Dist. v. EPA, 882 F.3d 1138, 1147 
(D.C. Cir. 2018).
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    \5\ 73 FR 16436 (March 27, 2008).
    \6\ 80 FR 12264 (March 6, 2015).
    \7\ 40 CFR 51.1100(o).
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    The South Coast ozone nonattainment area, excluding areas of Indian 
country,\8\ lies within the jurisdiction of the South Coast Air Quality 
Management District (SCAQMD or ``District''). Under California law, 
SCAQMD is responsible for adopting and implementing stationary source 
rules in the South Coast, such as the fee program rules required under 
CAA section 185, while the California Air Resource Board (CARB) adopts 
and implements consumer products and mobile source rules subject to the 
requirements of CAA section 209. CARB submits the District and State 
rules to the EPA.
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    \8\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to: 
``(a) all land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and, including rights-of-way running through 
the reservation, (b) all dependent Indian communities within the 
borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a state, and (c) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same.''
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    An area is considered to have attained the 1997 8-hour ozone 
standard if there are no violations of the standard, as determined in 
accordance with 40 CFR 50.9, based on three consecutive years of 
complete, quality-assured, and certified monitoring data. A violation 
occurs when the ambient ozone air quality monitoring data show that the 
3-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentrations at an ozone monitor is greater than 0.08 
ppm.\9\
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    \9\ 40 CFR 50.10. As explained in section II.A of this document, 
due to rounding and truncation conventions the computed 3-year 
average ozone concentration of 0.085 ppm is the smallest value that 
is greater than 0.08 ppm.
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B. History of the 1997 8-Hour Ozone NAAQS in the South Coast

    The South Coast ozone nonattainment area consists of Orange County, 
the southwestern two-thirds of Los Angeles County, southwestern San 
Bernardino County, and western Riverside County. It encompasses an area 
of approximately 6,600 square miles and is bounded by the Pacific Ocean 
to the west and the San Gabriel, San Bernardino, and San Jacinto 
mountains to the north and east.\10\ The population of the South Coast 
region is over 17 million people.\11\
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    \10\ For a precise definition of the boundaries of the South 
Coast 1997 8-hour ozone nonattainment area, see 40 CFR 81.305.
    \11\ 2022 AQMP, Figure 1-3.
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    Following promulgation of a new or revised NAAQS, the EPA is 
required by the CAA to designate areas throughout the nation as 
attaining or not attaining the NAAQS. On April 15, 2004, the EPA 
designated the South Coast as nonattainment for the 1997 8-hour ozone 
standard and classified it as ``Severe-17'' under CAA section 181(a)(1) 
and 40 CFR 51.903(a), table 1.\12\ This designation and classification 
became effective on June 15, 2004.
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    \12\ 69 FR 23858, 23882-84 (April 30, 2004) and 40 CFR 81.305.
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    In 2007, California requested that the EPA reclassify the South 
Coast ozone nonattainment area from Severe-17 to Extreme nonattainment 
for the 1997 8-hour ozone standard under CAA section 181(b)(3). On May 
5, 2010, we granted California's request and reclassified the area to 
Extreme effective June 4, 2010, with an attainment date of no later 
than June 15, 2024.\13\
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    \13\ 75 FR 24409. This reclassification excluded Indian country 
pertaining to the Morongo Band of Mission Indians and the Pechanga 
Band of Luise[ntilde]o Mission Indians.
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II. EPA Analysis

A. Applicable Statutory and Regulatory Provisions

    For the revoked 1997 8-hour ozone NAAQS, the EPA is required to 
determine whether an ozone nonattainment area attained the ozone 
standard by the area's attainment date solely for purposes of 
triggering any applicable anti-backsliding requirements. For Extreme 
areas, applicable requirements triggered upon a finding that an area 
failed to attain by the attainment date are nonattainment contingency 
measures and CAA section

[[Page 66293]]

185 fee programs.\14\ A determination of whether an area's air quality 
meets the 1997 8-hour ozone standard is generally based on three years 
of complete, quality-assured, and certified air quality monitoring data 
gathered at established State and Local Air Monitoring Stations 
(``SLAMS'') in the nonattainment area and entered into the EPA's Air 
Quality System (AQS) database.\15\ Data from ambient air monitors 
operated by State/local agencies in compliance with EPA monitoring 
requirements must be submitted to the AQS database. Monitoring agencies 
annually certify that these data are accurate to the best of their 
knowledge. Accordingly, the EPA relies primarily on data in its AQS 
database when determining the attainment status of an area.\16\ All 
data are reviewed to determine the area's air quality status in 
accordance with 40 CFR part 50, appendix I.
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    \14\ 40 CFR 51.1105(d)(2)(iii).
    \15\ Generally, a ``complete'' data set for determining 
attainment of the ozone is one that includes three years of data. 
There are less stringent data requirements for showing that a 
monitor has failed an attainment test and thus has recorded a 
violation of the standard.
    \16\ 40 CFR 50.10; 40 CFR part 50, appendix I; 40 CFR part 53; 
40 CFR part 58, appendices A, C, D, and E.
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    Under EPA regulations at 40 CFR 50.10, the 1997 8-hour ozone 
standard is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations at an ozone 
monitor is less than or equal to 0.08 ppm (i.e., 0.084 ppm when 
rounding, based on the truncating conventions in 40 CFR part 50, 
appendix I). This 3-year average is referred to as the ``design 
value.'' When the design value is greater than 0.084 ppm at any monitor 
within the area, then the area is violating the NAAQS. The data 
completeness requirement is met when the average percent of days with 
valid ambient monitoring data is greater than or equal to 90 percent, 
and no single year has less than 75 percent data completeness, as 
determined under appendix I of 40 CFR part 50.
    The EPA is proposing to determine that the South Coast failed to 
attain the 1997 8-hour ozone standard by its applicable attainment 
date; that is, that the average of the annual fourth-highest daily 
maximum 8-hour average ozone concentration was above 0.08 ppm in the 
period prior to the applicable attainment date, i.e., 2021-2023. This 
proposed determination is based on three years of quality-assured and 
certified ambient air quality monitoring data in AQS for the 2021-2023 
monitoring period.

B. Monitoring Network Considerations

    Section 110(a)(2)(B)(i) of the CAA requires States to establish and 
operate air monitoring networks to compile data on ambient air quality 
for all criteria pollutants. In the South Coast, SCAQMD is responsible 
for assuring that the area meets air quality monitoring requirements. 
The District's annual network plans describe the air monitoring network 
as required under 40 CFR 58.10. The EPA reviews these annual network 
plans for compliance with specific requirements in 40 CFR part 58. With 
respect to ozone, we have found that the annual network plans submitted 
by SCAQMD meet the minimum monitoring requirements of 40 CFR part 58. 
While the EPA has identified some requirements that are not met in 
these annual network plans, these unmet requirements do not preclude us 
from determining that the South Coast has failed to attain the 1997 8-
hour ozone NAAQS.\17\
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    \17\ We have included copies of SCAQMD's annual network plans 
for 2021-2023 in the docket for this rulemaking, along with our 
reviews of these plans and our associated transmittal 
correspondence.
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    Finally, the EPA conducts regular Technical Systems Audits (TSAs) 
where we review and inspect State and local ambient air monitoring 
programs to assess compliance with applicable regulations concerning 
the collection, analysis, validation, and reporting of ambient air 
quality data. For the purposes of this proposal, we reviewed the 
findings from the EPA's most recent TSA of SCAQMD's ambient air 
monitoring program.\18\ The results of this TSA do not preclude the EPA 
from determining that the South Coast ozone nonattainment area has 
failed to attain the 1997 8-hour ozone NAAQS.
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    \18\ See letter from Elizabeth Adams, Director, Air and 
Radiation Division, U.S. EPA Region IX, to Dr. Matt Miyasato, 
Executive Officer, SCAQMD, dated March 18, 2021, and enclosure 
titled, ``Technical Systems Audit Report, SCAQMD, June 1-June 5, 
2020.''
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C. Data Considerations

    In accordance with 40 CFR 58.15, SCAQMD certifies annually that the 
previous year's ambient concentration and quality assurance data are 
completely submitted to AQS and that the ambient concentration data are 
accurate, taking into consideration the quality assurance findings.\19\ 
There were 27 ozone monitoring sites located throughout the South Coast 
in calendar years 2021 through 2023: 13 within Los Angeles County, 
three within Orange County, six within Riverside County, and five 
within San Bernardino County. Table 1 of this document summarizes the 
ozone monitoring data from the various monitoring sites in the South 
Coast ozone nonattainment area by showing the annual 4th highest daily 
maximum concentrations and design values over the 2021-2023 period. The 
data summarized in table 1 of this document are considered complete for 
the purposes of determining if the standard is met.\20\
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    \19\ We have included SCAQMD's annual data certifications for 
2020, 2021, and 2022 in the docket for this rulemaking.
    \20\ The criteria for data completeness are met at most of the 
ozone monitors over the 2021-2023 period, but are not met for the 
ozone monitors at the Azusa, LAX Hastings, Mission Viejo, Perris, 
and Upland stations. However, the failure of these five monitors to 
meet the completeness criteria does not bear on the question of 
whether the area is violating because several other monitors within 
the area are violating the NAAQS.

 Table 1--South Coast Ozone Nonattainment Area Fourth High 8-Hour Ozone Average Concentrations and Design Values
                                               (ppm) for 2021-2023
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                                                             4th Highest daily maximum
       General location          Site name (AQS  ------------------------------------------------  Design value
                                       ID)             2021            2022            2023         (2021-2023)
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Los Angeles County:
    East San Gabriel Valley...  Azusa (06-037-             0.077         \a\ N/A         \a\ N/A     \b\ Invalid
                                 0002).
    East San Gabriel Valley...  Glendora (06-037-          0.090           0.094           0.102           0.095
                                 0016).
    Northwest Coastal LA        West Los Angeles           0.059           0.058           0.064           0.060
     County.                     (06-037-0113).
    Central Los Angeles.......  Los Angeles--              0.068           0.073           0.075           0.072
                                 North Main
                                 Street (06-037-
                                 1103).
    West San Fernando Valley..  Reseda (06-037-            0.080           0.078           0.087           0.081
                                 1201).

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    South Central Los Angeles   Compton (06-037-           0.062           0.064           0.068           0.081
     County.                     1302).
    South San Gabriel Valley..  Pico Rivera #2             0.068           0.070           0.075           0.071
                                 (06-037-1602).
    Pomona/Walnut Valley......  Pomona (06-037-            0.089           0.088           0.095           0.090
                                 1701).
    West San Gabriel Valley...  Pasadena (06-037-          0.081           0.081           0.086           0.082
                                 2005).
    South Coastal LA County...  Signal Hill (06-           0.060           0.058           0.062           0.060
                                 037-4009).
    East San Fernando Valley..  North Hollywood            0.079           0.082           0.085           0.082
                                 (06-037-4010).
    Southwest Coastal LA        LAX Hastings (06-        \a\ N/A         \a\ N/A         \a\ N/A     \b\ Invalid
     County.                     037-5005).
    Santa Clarita Valley......  Santa Clarita              0.097           0.095           0.103           0.098
                                 (06-037-6012).
Orange County:
    Central Orange County.....  Anaheim (06-059-           0.063           0.060           0.064           0.062
                                 0007).
    Saddleback Valley.........  Mission Viejo              0.078         \a\ N/A         \a\ N/A     \b\ Invalid
                                 (06-059-2022).
    North Orange County.......  La Habra (06-059-          0.070           0.070           0.077           0.072
                                 5001).
Riverside County:
    Banning...................  Banning Airport            0.102           0.093           0.095           0.096
                                 (06-065-0012).
    Temecula Valley...........  Temecula (06-065-          0.078           0.070           0.069           0.072
                                 0016).
    Perris Valley.............  Perris (06-065-            0.091         \a\ N/A         \a\ N/A     \b\ Invalid
                                 6001).
    Metropolitan Riverside      Rubidoux (06-065-          0.091           0.092           0.097           0.093
     County.                     8001).
    Mira Loma.................  Mira Loma (Van             0.093           0.087           0.095           0.091
                                 Buren) (06-065-
                                 8005).
    Lake Elsinore.............  Lake Elsinore              0.090           0.086           0.086           0.087
                                 (06-065-9001).
San Bernardino County:
    Central San Bernardino      Crestline (06-             0.107           0.105           0.106           0.106
     Mountains.                  071-0005).
    Northwest San Bernardino    Upland (06-071-            0.097           0.098         \a\ N/A     \b\ Invalid
     Valley.                     1004).
    Central San Bernardino      Fontana (06-071-           0.099           0.095           0.105           0.099
     Valley.                     2002).
    East San Bernardino Valley  Redlands (06-071-          0.112           0.103           0.105           0.106
                                 4003).
    Central San Bernardino      San Bernardino             0.105           0.103           0.107           0.105
     Valley.                     (06-071-9004).
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\a\ The required annual 75 percent completeness criterion was not met, therefore the annual 4th highest daily
  maximum values were not provided.
\b\ The design values for the Azusa, LAX Hastings, Mission Viejo, Perris, and Upland sites are invalid due to
  temporary or permanent closures of the sites. All other design values are valid.
Source: EPA, AQS Design Value (AMP480), Report Request ID: 2200476, July 10, 2024. Also see Memorandum dated
  July 19, 2024, from Jennifer Williams and Ben Wells, EPA, to Docket ID No. EPA-R09-OAR-2024-0327, Subject:
  ``Correction to Design Values for the 1997 8-hour Ozone NAAQS in Los Angeles-South Coast Air Basin, CA
  Nonattainment Area.''

    Generally, the highest ozone concentrations in the South Coast 
occur in the northern and eastern portions of the area. As shown in 
table 1 of this document, the highest 8-hour design value at any site 
in the South Coast ozone nonattainment area for 2021-2023 is 0.106 ppm 
at both the Crestline site in the Central San Bernardino Mountains and 
the Redlands site in the East San Bernardino Valley. The design value 
of 0.106 ppm represents a violation of the 1997 8-hour ozone 
standard.\21\ Table 1 of this document also shows that, while the 
highest design values occur in the East and Central San Bernardino 
Valley, violations occur throughout Los Angeles, Riverside, and San 
Bernardino Counties.
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    \21\ For more information, please see ``National 8-hour primary 
and secondary ambient air quality standards for ozone'' (40 CFR 
50.10) and ``Interpretation of the 8-Hour Primary and Secondary 
National Ambient Air Quality Standards for Ozone'' (40 CFR part 50, 
appendix I).
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    Taking into account the extent and reliability of the applicable 
ozone monitoring network, and the data collected therefrom and 
summarized in table 1 of this document, we propose to determine that 
the South Coast ozone nonattainment area failed to attain the 1997 8-
hour ozone standard (as defined in 40 CFR part 50, appendix I) by the 
applicable attainment date (i.e., June 15, 2024).

III. Public Comment and Proposed Action

    We are proposing to determine that the South Coast failed to attain 
the 1997 8-hour ozone NAAQS by its June 15, 2024 attainment date, based 
on quality-assured and certified ambient air quality monitoring data 
from 2021 through 2023. The EPA is determining whether this area failed 
to attain by the applicable attainment date solely for purposes of 
triggering applicable anti-backsliding requirements. For Extreme areas, 
applicable requirements triggered upon a finding that an area failed to 
attain by the attainment date are nonattainment contingency measures 
and CAA section 185 fee programs. We will accept comments from the 
public on this proposal until September 16, 2024.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA not already approved by the OMB.

[[Page 66295]]

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose any enforceable duty on 
any state, local, or tribal governments, or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (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.''
    This proposed action does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP obligations discussed herein do not apply to Indian Tribes and thus 
this proposed action will not impose substantial direct costs on Tribal 
governments or preempt Tribal law. Nonetheless, the EPA has notified 
the Tribes within the South Coast ozone nonattainment area of the 
proposed action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    Executive Order 12898 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. There is no information in the record indicating that 
this action is inconsistent with the stated goals 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, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-17573 Filed 8-14-24; 8:45 am]
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