Approval and Promulgation of Implementation Plans; State of California; Coachella Valley; Attainment Plan for 1997 8-Hour Ozone Standards, 26854-26857 [2017-12019]
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26854
Federal Register / Vol. 82, No. 111 / Monday, June 12, 2017 / Rules and Regulations
§ 201.3 Fees for registration, recordation,
and related services, special services, and
services performed by the Licensing
Division.
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(5) Secure test examining fee (per staff member per hour) ...............................................................................................................
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PART 202—PREREGISTRATION AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
3. The authority citation for part 202
continues to read as follows:
■
Authority: 17 U.S.C. 408(f), 702.
■
4. Add § 202.13 to read as follows:
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§ 202.13
Secure tests.
(a) General. This section prescribes
rules pertaining to the registration of
secure tests.
(b) Definitions. For purposes of this
section—
(1) A secure test is a nonmarketed test
administered under supervision at
specified centers on scheduled dates, all
copies of which are accounted for and
either destroyed or returned to restricted
locked storage following each
administration.
(2) A test is nonmarketed if copies of
the test are not sold, but instead are
distributed and used in such a manner
that the test sponsor or publisher retains
ownership and control of the copies.
(3) A test is administered under
supervision if test proctors or the
equivalent supervise the administration
of the test.
(4) A specified center is a place where
test takers are physically assembled at
the same time.
(c) Deposit requirements. Pursuant to
the authority granted by 17 U.S.C.
408(c)(1), the Register of Copyrights has
determined that a secure test may be
registered with identifying material, if
the following conditions are met:
(1) The applicant must complete and
submit a standard application. The
application may be submitted by any of
the parties listed in § 202.3(c)(1).
(2) The appropriate filing fee, as
required by § 201.3(c) of this chapter,
must be included with the application
or charged to an active deposit account.
(3) The applicant must submit a
redacted copy of the entire secure test.
In addition, the applicant must
complete and submit the questionnaire
that is posted on the Copyright Office’s
Web site. The questionnaire and the
redacted copy must be contained in
separate electronic files, and each file
must be uploaded to the electronic
registration system in Portable
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Document Format (PDF). The Copyright
Office will review these materials to
determine if the work qualifies for the
secure test procedure. If the work
appears to be eligible, the Copyright
Office will contact the applicant to
schedule an appointment to examine an
unredacted copy of the test under secure
conditions.
(4) On the appointed date, the
applicant must bring the following
materials to the Copyright Office:
(i) A copy of the completed
application.
(ii) The appropriate examination fee,
as required by § 201.3(d) of this chapter.
(iii) A copy of the redacted version of
the secure test that was uploaded to the
electronic registration system.
(iv) A signed declaration confirming
that the redacted copy specified in
paragraph (c)(4)(iii) of this section is
identical to the redacted copy that was
uploaded to the electronic registration
system.
(v) An unredacted copy of the entire
secure test.
(5) The Copyright Office will examine
the copies specified in paragraphs
(c)(4)(iii) and (v) of this section in the
applicant’s presence. When the
examination is complete, the Office will
stamp the date of the appointment on
the copies and will return them to the
applicant. The Office will retain the
signed declaration and the redacted
copy that was uploaded to the electronic
registration system.
■ 5. Amend § 202.20 as follows:
■ a. Revise paragraph (b)(3).;
■ b. Remove paragraph (b)(4);
■ c. Redesignate paragraphs (b)(5) and
(6) as paragraphs (b)(4) and (5),
respectively;
■ d. Remove ‘‘, as amended by Pub. L.
94–553’’ from newly redesignated
paragraph (b)(4) and add a period in its
place; and
■ e. Revise paragraph (c)(2)(vi).
The revisions read as follows:
§ 202.20 Deposit of copies and
phonorecords for copyright registration.
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(b) * * *
(3) The term secure test has the
meaning set forth in § 202.13(b).
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(2) * * *
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(vi) Tests. In the case of tests, and
answer material for tests, published
separately from other literary works, the
deposit of one complete copy will
suffice in lieu of two copies. In the case
of any secure test the applicant may
submit identifying material in lieu of
one complete copy if the conditions set
forth in § 202.13(c) have been met.
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Dated: May 19, 2017.
Karyn Temple Claggett,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2017–12021 Filed 6–9–17; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0244; FRL–9962–54–
Region 9]
Approval and Promulgation of
Implementation Plans; State of
California; Coachella Valley;
Attainment Plan for 1997 8-Hour Ozone
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving state
implementation plan (SIP) revisions
submitted by the State of California to
provide for attainment of the 1997 8hour ozone national ambient air quality
standards (NAAQS or ‘‘standards’’) in
the Coachella Valley nonattainment
area. The EPA finds the emissions
inventories to be acceptable and is
approving the reasonably available
control measures, transportation control
strategies and measures, rate of progress
and reasonable further progress
demonstrations, attainment
demonstration, and vehicle miles
traveled offset demonstration. We have
determined that motor vehicle
emissions budgets are not required for
the 1997 8-hour ozone standards so we
SUMMARY:
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are not taking final action on this
portion of the plan.
DATES: Effective Date: This final rule is
effective on July 12, 2017.
ADDRESSES: The EPA has established
docket number EPA–R09–OAR–2016–
0244 for this action. Generally,
documents in the docket for this action
are available electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California 94105–3901.
While all documents in the docket are
listed at https://www.regulations.gov,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material, large maps,
multi-volume reports), and some may
not be available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Tom
Kelly, Air Planning Office (AIR–2), EPA
Region IX, (415) 972–3856,
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA.
Table of Contents
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I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On November 1, 2016, the EPA
proposed to approve, under section
110(k)(3) of the Clean Air Act (CAA),
portions of several submittals from the
California Air Resources Board (CARB)
as revisions to the California SIP for the
Coachella Valley ozone nonattainment
area.1 81 FR 75764. The proposal
identified the following SIP submittals
addressing the CAA planning
requirements for attaining the 1997 8hour ozone NAAQS for the Coachella
Valley (and other areas as noted):
• ‘‘Final 2007 Air Quality
Management Plan,’’ South Coast Air
Quality Management District, June 2007
(‘‘2007 AQMP’’);
• ‘‘2007 State Strategy for the
California State Implementation Plan,’’
CARB, Release Date April 26, 2007, and
Appendices A–G, CARB, Release Date
May 7, 2007 (‘‘2007 State Strategy’’);
• ‘‘Status Report on the State Strategy
for California’s 2007 State
Implementation Plan (SIP) and
1 For
a precise description of the geographic
boundaries of the Coachella Valley ozone
nonattainment area, see 40 CFR 81.305.
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Proposed Revision to the SIP Reflecting
Implementation of the 2007 State
Strategy,’’ CARB, Release Date March
24, 2009 (‘‘2009 State Strategy Status
Report’’);
• ‘‘Progress Report on
Implementation of PM2.5 State
Implementation Plans (SIP) for the
South Coast and San Joaquin Valley Air
Basins and Proposed SIP Revisions,’’
CARB, Release Date March 29, 2011
(‘‘2011 State Strategy Progress Report’’);
and
• ‘‘Staff Report, Proposed Updates to
the 1997 8-Hour Ozone Standard, State
Implementation Plans; Coachella Valley
and Western Mojave Desert,’’ CARB,
Release Date: September 22, 2014
(‘‘2014 SIP Update’’).
We refer to these submittals
collectively as the ‘‘Coachella Valley
Ozone Plan’’ or ‘‘Plan.’’
The Coachella Valley is classified as
Severe-15 with an attainment date no
later than June 15, 2019. See 75 FR
24409 (May 5, 2010). The relevant CAA
requirements appear at Title I, Part D of
the CAA, under which states must
implement the 1997 8-hour ozone
(primary and secondary) standards.2
The EPA codified rules for the 1997 8hour ozone standards at 40 CFR part 51,
subpart X. See 69 FR 23951 (April 30,
2004); 70 FR 71612 (November 29,
2005). The EPA revoked the 1997 8-hour
ozone NAAQS in 2015; 3
notwithstanding this revocation, areas
that were designated as nonattainment
for the 1997 8-hour ozone NAAQS at the
time the standards were revoked
continue to be subject to certain SIP
requirements that previously applied
based on area classifications for the
standards, under ‘‘anti-backsliding’’
regulations that the EPA promulgated to
govern the transition from the 1-hour
ozone standards to the 8-hour ozone
standards. Id. at 12296; 40 CFR 51.1105
and 51.1100(o). Thus, in general, the
Coachella Valley remains subject to the
requirements of the 1997 8-hour ozone
NAAQS applicable to ‘‘Severe’’
nonattainment areas.
In the November 1, 2016 proposed
rule, we proposed to approve the
following elements of the Coachella
Valley Ozone Plan under applicable
statutory and regulatory requirements:
The reasonably available control
measures (RACM) demonstration; the
rate of progress (ROP) and reasonable
further progress (RFP) demonstrations;
the attainment demonstration; and the
2 Title I, Part D of the CAA includes section 172,
‘‘Nonattainment Plan Provisions in General,’’ and
subpart 2, ‘‘Additional Provisions for Ozone
Nonattainment Areas’’ (sections 181–185).
3 80 FR 12264 (March 6, 2015).
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demonstration that the SIP provides for
transportation control strategies and
measures sufficient to offset any growth
in emissions from growth in vehicle
miles traveled (VMT) or the number of
vehicle trips, and to provide for RFP
and attainment. More specifically, we
determined that:
• No additional RACM, beyond the
controls identified in the 2007 AQMP
and 2007 State Strategy as revised by
the 2009 State Strategy Status Report
and 2011 State Strategy Progress Report,
would advance attainment of the 1997
8-hour ozone standards in the Coachella
Valley to an attainment year of 2017.
Therefore, the Coachella Valley Ozone
Plan provides for the implementation of
all RACM as required by CAA section
172(c)(1) and 40 CFR 51.1105(a)(1) and
51.1100(o)(17) (see 81 FR 75769–72 of
the proposed rule).
• The ROP and RFP demonstrations
in the 2014 SIP Update meet the
requirements of CAA sections 172(c)(2)
and 182(c)(2)(B) and 40 CFR
51.1105(a)(1) and 51.1100(o)(4) (see 81
FR 75774–76 of the proposed rule).
• The air quality modeling in the
2007 AQMP is adequate to support the
attainment date of June 15, 2019
(attainment year 2018), and the 2007
AQMP’s attainment demonstration
meets the requirements of CAA section
182(c)(2)(A) and 40 CFR 51.1105(a)(1)
and 51.100(o)(12) (see 81 FR 75772–73
of the proposed rule and the Technical
Support Document (TSD) for the
proposal 4).
• Appendices D and E of the 2014 SIP
Update demonstrate that the State has
adopted sufficient transportation control
strategies and measures to offset any
growth in emissions from increasing
VMT and vehicle trips in Coachella
Valley, and complies with the VMT
emissions offset requirement in CAA
section 182(d)(1)(A) and 51.1105(a)(1)
and 51.1100(o)(10) (see 81 FR 75777–79
of the proposed rule).
We also proposed to approve updated
motor vehicle emission budgets
(MVEBs) for transportation conformity
included in the 2014 SIP Update. See 81
FR 75776–77 of the proposed rule.
Additionally, although emissions
inventories are not a specific
requirement under the anti-backsliding
provisions, we found that the baseline
and milestone year emissions
inventories were adequate to support
the other elements of the Coachella
Valley Ozone Plan, including the
RACM, RFP, ROP and attainment
4 This document is available online at
www.regulations.gov in the docket EPA–R09–OAR–
2016–0244, or from the EPA contact listed at the
beginning of this notice.
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demonstrations. See 81 FR 75768–69 of
the proposed rule. We did not propose
any action on the Coachella Valley
Ozone Plan’s contingency measures.
The EPA’s analysis and findings
supporting our proposed actions are
summarized in our proposal and are
also discussed in the TSD for the
proposal.
In today’s action, the EPA is finalizing
all actions from the proposal, with the
sole exception that we are not finalizing
approval of the MVEBs in the 2014 SIP
Update. As discussed further below, the
MVEBs are not a continuing applicable
requirement for the Coachella Valley
under the EPA’s anti-backsliding
regulations, and our approval of the
MVEBs is therefore not required under
the CAA.
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II. Public Comments
The EPA’s proposed action provided
a 30-day public comment period. We
received no substantive adverse
comments during this period.
III. Final Action
For the reasons discussed in our
November 1, 2016 proposal and
summarized above, the EPA is
approving, under CAA section 110(k)(3),
most elements of the Coachella Valley
Ozone Plan as proposed. Specifically,
the EPA is taking final action to approve
the following the following elements as
meeting the specified requirements for
the revoked 1997 8-hour ozone
standards:
• The RACM demonstration as
meeting the requirements of CAA
section 172(c)(1) and 40 CFR
51.1105(a)(1) and 51.1100(o)(17).
• the ROP and RFP demonstrations as
meeting the requirements of CAA
sections 172(c)(2) and 182(c)(2)(B) and
40 CFR 51.1105(a)(1) and 51.1100(o)(4).
• the attainment demonstration as
meeting the requirements of CAA
section 182(c)(2)(A) and 40 CFR
51.1105(a)(1) and 51.1100(o)(12).
• the demonstration that the SIP
provides for transportation control
strategies and measures sufficient to
offset any growth in emissions from
growth in VMT or the number of vehicle
trips, and to provide for RFP and
attainment, as meeting the requirements
of CAA section 182(d)(1)(A) and 40 CFR
51.1105(a)(1) and 51.1100(o)(10).
As noted in our proposal, we are not
acting on the Plan’s contingency
measures. Contingency measures are a
distinct provision of the CAA that we
may act on separately from the
attainment requirements.
Upon further reflection, we are not
finalizing our proposed approval of the
MVEBs in the 2014 SIP Update. The
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CAA requires transportation conformity
only in areas that are designated
nonattainment or maintenance. Since
the revocation of the 1997 8-hour ozone
NAAQS, transportation conformity no
longer applies to the Coachella Valley
with respect to the revoked standards.
80 FR 12264, 12284 (March 6, 2015).
Therefore, we have determined that it is
not necessary to approve these budgets,
given that they were developed for the
now-revoked 1997 8-hour ozone
NAAQS. However, consistent with the
EPA’s transportation conformity rule,5
the MVEBs from CARB’s 2008 Ozone
Early Progress Plan 6 will remain in
effect for the Coachella Valley until
emission budgets are established and
found adequate or are approved for the
2008 ozone NAAQS.
In this action, we are also amending
40 CFR 52.220 to clarify the scope of an
earlier partial approval of the 2007
AQMP. In 2011, we approved portions
of the 2007 AQMP as providing for
attainment of the 1997 fine particulate
matter NAAQS in the Los AngelesSouth Coast area. 76 FR 69928
(November 9, 2011). However, the
regulatory text that we adopted in that
action did not specify that our approval
extended only to those portions of the
2007 AQMP that CARB had submitted
to us as SIP revisions,7 and only to those
portions of the submitted material
specified for approval in the preamble
to that rulemaking. Today’s action
corrects the regulatory text to reflect that
portions of the 2007 AQMP were
excluded from the 2011 approval,
including a portion applicable to the
Coachella Valley that we are approving
in today’s action, and does not affect the
substance of our prior final action, 76
FR 69928 (November 9, 2011).
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
5 40
CFR part 93, subpart A.
Progress Plans Demonstrating Progress
Toward Attaining the 8-hour National Air Quality
Standards for Ozone and Setting Transportation
Conformity Budgets for Ventura County, Antelope
Valley—Western Mojave Desert, Coachella Valley,
Eastern Kern County, and Imperial County’’
(revised), CARB (February 27, 2008). The EPA
previously determined that the budgets in the
Ozone Early Progress Plan are adequate for
transportation conformity purposes. See 73 FR
25694 (May 7, 2008).
7 See CARB Resolution 07–41 (September 27,
2007).
6 ‘‘Early
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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 13563 (76 FR 3821,
January 21, 2011);
• 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);
• 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;
and
• does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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).
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
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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 August 11, 2017.
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
regulations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 20, 2017.
Alexis Strauss,
Acting 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
revising paragraph (c)(398)(ii)(A)(1) and
adding paragraphs (c)(398)(ii)(A)(4) and
(c)(486) to read as read as follows:
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■
§ 52.220
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(398) *
(ii) * *
Identification of plan—in part.
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(A) * * *
(1) Final South Coast 2007 Air Quality
Management Plan (excluding those
portions of Chapter 4 (‘‘AQMP Control
Strategy’’) and Chapter 7
(‘‘Implementation’’) addressing Districtrecommended measures for adoption by
CARB and references to those measures
(pp. 4–43 through 4–54 and the section
titled ‘‘Recommended Mobile Source
and Clean Fuel Control Measures’’ in
table 7–3, pp. 7–8 and 7–9); those
portions of Chapter 6 (‘‘Clean Air Act
Requirements’’) and Chapter 7
(‘‘Implementation’’) addressing
California Clean Air Act Requirements
(pp. 6–13 through 6–22 and page 7–3);
those portions of Chapter 4 (‘‘AQMP
Control Strategy’’) addressing emission
and risk reduction goals identified in
the AQMP’s proposed control measure
MOB–03 (‘‘Proposed Backstop Measures
for Indirect Sources of Emissions from
Ports and Port-Related Facilities’’) (p. 4–
24); the motor vehicle emissions
budgets in Chapter 6 (‘‘Clean Air Act
Requirements’’) (pp. 6–24 through 6–
26), and Chapter 8 (‘‘Future Air
Quality—Desert Nonattainment
Areas’’)), adopted on June 1, 2007.
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(4) Final South Coast 2007 Air Quality
Management Plan, Chapter 8 (‘‘Future
Air Quality—Desert Nonattainment
Areas’’) (excluding pp. 8–14 to 8–17
(regarding transportation conformity
budgets)), adopted on June 1, 2007.a
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(486) The following plan was
submitted on November 6, 2014, by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials. (A)
California Air Resources Board.
(1) California Air Resources Board,
Staff Report, Proposed Updates to the
1997 8-Hour Ozone Standard, State
Implementation Plans; Coachella Valley
and Western Mojave Desert (excluding
section III (pp. 8–12), Table A–2, Table
B–2, Table C–2, the bottom row of Table
E–1, Table E–3 and accompanying
discussion of Western Mojave Desert
ROG calculations on p. E–7, and Figure
E–2 (regarding Western Mojave Desert);
Table B–3 (regarding contingency
measures); and Appendix D (regarding
transportation conformity budgets)),
adopted on October 24, 2014.
[FR Doc. 2017–12019 Filed 6–9–17; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 96
[GN Docket No. 12–354; FCC 16–55]
Amendment of the Commission’s
Rules With Regard to Commercial
Operations in the 3550–3650 MHz Band
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collection requirements
associated with the Commission’s
Second Report and Order, GN Docket
No. 12–354, FCC 16–55. This document
is consistent with the Second Report
and Order, which stated that the
Commission would publish a document
in the Federal Register announcing
OMB approval and the effective date of
the requirements.
DATES: The amendments to 47 CFR
96.25(c)(1)(i), published at 81 FR 49023,
July 26, 2016, are effective on July 3,
2017.
SUMMARY:
For
additional information, contact Cathy
Williams, Cathy.Williams@fcc.gov, (202)
418–2918.
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contained in the Commission’s Second
Report and Order, FCC 16–55,
published at 81 FR 49023, July 26, 2016.
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E:\FR\FM\12JNR1.SGM
12JNR1
Agencies
[Federal Register Volume 82, Number 111 (Monday, June 12, 2017)]
[Rules and Regulations]
[Pages 26854-26857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12019]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0244; FRL-9962-54-Region 9]
Approval and Promulgation of Implementation Plans; State of
California; Coachella Valley; Attainment Plan for 1997 8-Hour Ozone
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving state
implementation plan (SIP) revisions submitted by the State of
California to provide for attainment of the 1997 8-hour ozone national
ambient air quality standards (NAAQS or ``standards'') in the Coachella
Valley nonattainment area. The EPA finds the emissions inventories to
be acceptable and is approving the reasonably available control
measures, transportation control strategies and measures, rate of
progress and reasonable further progress demonstrations, attainment
demonstration, and vehicle miles traveled offset demonstration. We have
determined that motor vehicle emissions budgets are not required for
the 1997 8-hour ozone standards so we
[[Page 26855]]
are not taking final action on this portion of the plan.
DATES: Effective Date: This final rule is effective on July 12, 2017.
ADDRESSES: The EPA has established docket number EPA-R09-OAR-2016-0244
for this action. Generally, documents in the docket for this action are
available electronically at https://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at https://www.regulations.gov, some information may be publicly available only at
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location
(e.g., confidential business information (CBI)). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), EPA Region IX, (415) 972-3856, kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On November 1, 2016, the EPA proposed to approve, under section
110(k)(3) of the Clean Air Act (CAA), portions of several submittals
from the California Air Resources Board (CARB) as revisions to the
California SIP for the Coachella Valley ozone nonattainment area.\1\ 81
FR 75764. The proposal identified the following SIP submittals
addressing the CAA planning requirements for attaining the 1997 8-hour
ozone NAAQS for the Coachella Valley (and other areas as noted):
---------------------------------------------------------------------------
\1\ For a precise description of the geographic boundaries of
the Coachella Valley ozone nonattainment area, see 40 CFR 81.305.
---------------------------------------------------------------------------
``Final 2007 Air Quality Management Plan,'' South Coast
Air Quality Management District, June 2007 (``2007 AQMP'');
``2007 State Strategy for the California State
Implementation Plan,'' CARB, Release Date April 26, 2007, and
Appendices A-G, CARB, Release Date May 7, 2007 (``2007 State
Strategy'');
``Status Report on the State Strategy for California's
2007 State Implementation Plan (SIP) and Proposed Revision to the SIP
Reflecting Implementation of the 2007 State Strategy,'' CARB, Release
Date March 24, 2009 (``2009 State Strategy Status Report'');
``Progress Report on Implementation of PM2.5
State Implementation Plans (SIP) for the South Coast and San Joaquin
Valley Air Basins and Proposed SIP Revisions,'' CARB, Release Date
March 29, 2011 (``2011 State Strategy Progress Report''); and
``Staff Report, Proposed Updates to the 1997 8-Hour Ozone
Standard, State Implementation Plans; Coachella Valley and Western
Mojave Desert,'' CARB, Release Date: September 22, 2014 (``2014 SIP
Update'').
We refer to these submittals collectively as the ``Coachella Valley
Ozone Plan'' or ``Plan.''
The Coachella Valley is classified as Severe-15 with an attainment
date no later than June 15, 2019. See 75 FR 24409 (May 5, 2010). The
relevant CAA requirements appear at Title I, Part D of the CAA, under
which states must implement the 1997 8-hour ozone (primary and
secondary) standards.\2\ The EPA codified rules for the 1997 8-hour
ozone standards at 40 CFR part 51, subpart X. See 69 FR 23951 (April
30, 2004); 70 FR 71612 (November 29, 2005). The EPA revoked the 1997 8-
hour ozone NAAQS in 2015; \3\ notwithstanding this revocation, areas
that were designated as nonattainment for the 1997 8-hour ozone NAAQS
at the time the standards were revoked continue to be subject to
certain SIP requirements that previously applied based on area
classifications for the standards, under ``anti-backsliding''
regulations that the EPA promulgated to govern the transition from the
1-hour ozone standards to the 8-hour ozone standards. Id. at 12296; 40
CFR 51.1105 and 51.1100(o). Thus, in general, the Coachella Valley
remains subject to the requirements of the 1997 8-hour ozone NAAQS
applicable to ``Severe'' nonattainment areas.
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\2\ Title I, Part D of the CAA includes section 172,
``Nonattainment Plan Provisions in General,'' and subpart 2,
``Additional Provisions for Ozone Nonattainment Areas'' (sections
181-185).
\3\ 80 FR 12264 (March 6, 2015).
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In the November 1, 2016 proposed rule, we proposed to approve the
following elements of the Coachella Valley Ozone Plan under applicable
statutory and regulatory requirements: The reasonably available control
measures (RACM) demonstration; the rate of progress (ROP) and
reasonable further progress (RFP) demonstrations; the attainment
demonstration; and the demonstration that the SIP provides for
transportation control strategies and measures sufficient to offset any
growth in emissions from growth in vehicle miles traveled (VMT) or the
number of vehicle trips, and to provide for RFP and attainment. More
specifically, we determined that:
No additional RACM, beyond the controls identified in the
2007 AQMP and 2007 State Strategy as revised by the 2009 State Strategy
Status Report and 2011 State Strategy Progress Report, would advance
attainment of the 1997 8-hour ozone standards in the Coachella Valley
to an attainment year of 2017. Therefore, the Coachella Valley Ozone
Plan provides for the implementation of all RACM as required by CAA
section 172(c)(1) and 40 CFR 51.1105(a)(1) and 51.1100(o)(17) (see 81
FR 75769-72 of the proposed rule).
The ROP and RFP demonstrations in the 2014 SIP Update meet
the requirements of CAA sections 172(c)(2) and 182(c)(2)(B) and 40 CFR
51.1105(a)(1) and 51.1100(o)(4) (see 81 FR 75774-76 of the proposed
rule).
The air quality modeling in the 2007 AQMP is adequate to
support the attainment date of June 15, 2019 (attainment year 2018),
and the 2007 AQMP's attainment demonstration meets the requirements of
CAA section 182(c)(2)(A) and 40 CFR 51.1105(a)(1) and 51.100(o)(12)
(see 81 FR 75772-73 of the proposed rule and the Technical Support
Document (TSD) for the proposal \4\).
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\4\ This document is available online at www.regulations.gov in
the docket EPA-R09-OAR-2016-0244, or from the EPA contact listed at
the beginning of this notice.
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Appendices D and E of the 2014 SIP Update demonstrate that
the State has adopted sufficient transportation control strategies and
measures to offset any growth in emissions from increasing VMT and
vehicle trips in Coachella Valley, and complies with the VMT emissions
offset requirement in CAA section 182(d)(1)(A) and 51.1105(a)(1) and
51.1100(o)(10) (see 81 FR 75777-79 of the proposed rule).
We also proposed to approve updated motor vehicle emission budgets
(MVEBs) for transportation conformity included in the 2014 SIP Update.
See 81 FR 75776-77 of the proposed rule. Additionally, although
emissions inventories are not a specific requirement under the anti-
backsliding provisions, we found that the baseline and milestone year
emissions inventories were adequate to support the other elements of
the Coachella Valley Ozone Plan, including the RACM, RFP, ROP and
attainment
[[Page 26856]]
demonstrations. See 81 FR 75768-69 of the proposed rule. We did not
propose any action on the Coachella Valley Ozone Plan's contingency
measures. The EPA's analysis and findings supporting our proposed
actions are summarized in our proposal and are also discussed in the
TSD for the proposal.
In today's action, the EPA is finalizing all actions from the
proposal, with the sole exception that we are not finalizing approval
of the MVEBs in the 2014 SIP Update. As discussed further below, the
MVEBs are not a continuing applicable requirement for the Coachella
Valley under the EPA's anti-backsliding regulations, and our approval
of the MVEBs is therefore not required under the CAA.
II. Public Comments
The EPA's proposed action provided a 30-day public comment period.
We received no substantive adverse comments during this period.
III. Final Action
For the reasons discussed in our November 1, 2016 proposal and
summarized above, the EPA is approving, under CAA section 110(k)(3),
most elements of the Coachella Valley Ozone Plan as proposed.
Specifically, the EPA is taking final action to approve the following
the following elements as meeting the specified requirements for the
revoked 1997 8-hour ozone standards:
The RACM demonstration as meeting the requirements of CAA
section 172(c)(1) and 40 CFR 51.1105(a)(1) and 51.1100(o)(17).
the ROP and RFP demonstrations as meeting the requirements
of CAA sections 172(c)(2) and 182(c)(2)(B) and 40 CFR 51.1105(a)(1) and
51.1100(o)(4).
the attainment demonstration as meeting the requirements
of CAA section 182(c)(2)(A) and 40 CFR 51.1105(a)(1) and
51.1100(o)(12).
the demonstration that the SIP provides for transportation
control strategies and measures sufficient to offset any growth in
emissions from growth in VMT or the number of vehicle trips, and to
provide for RFP and attainment, as meeting the requirements of CAA
section 182(d)(1)(A) and 40 CFR 51.1105(a)(1) and 51.1100(o)(10).
As noted in our proposal, we are not acting on the Plan's
contingency measures. Contingency measures are a distinct provision of
the CAA that we may act on separately from the attainment requirements.
Upon further reflection, we are not finalizing our proposed
approval of the MVEBs in the 2014 SIP Update. The CAA requires
transportation conformity only in areas that are designated
nonattainment or maintenance. Since the revocation of the 1997 8-hour
ozone NAAQS, transportation conformity no longer applies to the
Coachella Valley with respect to the revoked standards. 80 FR 12264,
12284 (March 6, 2015). Therefore, we have determined that it is not
necessary to approve these budgets, given that they were developed for
the now-revoked 1997 8-hour ozone NAAQS. However, consistent with the
EPA's transportation conformity rule,\5\ the MVEBs from CARB's 2008
Ozone Early Progress Plan \6\ will remain in effect for the Coachella
Valley until emission budgets are established and found adequate or are
approved for the 2008 ozone NAAQS.
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\5\ 40 CFR part 93, subpart A.
\6\ ``Early Progress Plans Demonstrating Progress Toward
Attaining the 8-hour National Air Quality Standards for Ozone and
Setting Transportation Conformity Budgets for Ventura County,
Antelope Valley--Western Mojave Desert, Coachella Valley, Eastern
Kern County, and Imperial County'' (revised), CARB (February 27,
2008). The EPA previously determined that the budgets in the Ozone
Early Progress Plan are adequate for transportation conformity
purposes. See 73 FR 25694 (May 7, 2008).
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In this action, we are also amending 40 CFR 52.220 to clarify the
scope of an earlier partial approval of the 2007 AQMP. In 2011, we
approved portions of the 2007 AQMP as providing for attainment of the
1997 fine particulate matter NAAQS in the Los Angeles-South Coast area.
76 FR 69928 (November 9, 2011). However, the regulatory text that we
adopted in that action did not specify that our approval extended only
to those portions of the 2007 AQMP that CARB had submitted to us as SIP
revisions,\7\ and only to those portions of the submitted material
specified for approval in the preamble to that rulemaking. Today's
action corrects the regulatory text to reflect that portions of the
2007 AQMP were excluded from the 2011 approval, including a portion
applicable to the Coachella Valley that we are approving in today's
action, and does not affect the substance of our prior final action, 76
FR 69928 (November 9, 2011).
---------------------------------------------------------------------------
\7\ See CARB Resolution 07-41 (September 27, 2007).
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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 13563 (76 FR 3821, January 21, 2011);
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);
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; and
does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
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).
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
[[Page 26857]]
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 August 11, 2017. 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 regulations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 20, 2017.
Alexis Strauss,
Acting 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 revising paragraph (c)(398)(ii)(A)(1)
and adding paragraphs (c)(398)(ii)(A)(4) and (c)(486) to read as read
as follows:
Sec. [thinsp]52.220 Identification of plan--in part.
* * * * *
(c) * * *
(398) * * *
(ii) * * *
(A) * * *
(1) Final South Coast 2007 Air Quality Management Plan (excluding
those portions of Chapter 4 (``AQMP Control Strategy'') and Chapter 7
(``Implementation'') addressing District-recommended measures for
adoption by CARB and references to those measures (pp. 4-43 through 4-
54 and the section titled ``Recommended Mobile Source and Clean Fuel
Control Measures'' in table 7-3, pp. 7-8 and 7-9); those portions of
Chapter 6 (``Clean Air Act Requirements'') and Chapter 7
(``Implementation'') addressing California Clean Air Act Requirements
(pp. 6-13 through 6-22 and page 7-3); those portions of Chapter 4
(``AQMP Control Strategy'') addressing emission and risk reduction
goals identified in the AQMP's proposed control measure MOB-03
(``Proposed Backstop Measures for Indirect Sources of Emissions from
Ports and Port-Related Facilities'') (p. 4-24); the motor vehicle
emissions budgets in Chapter 6 (``Clean Air Act Requirements'') (pp. 6-
24 through 6-26), and Chapter 8 (``Future Air Quality--Desert
Nonattainment Areas'')), adopted on June 1, 2007.
* * * * *
(4) Final South Coast 2007 Air Quality Management Plan, Chapter 8
(``Future Air Quality--Desert Nonattainment Areas'') (excluding pp. 8-
14 to 8-17 (regarding transportation conformity budgets)), adopted on
June 1, 2007.a
* * * * *
(486) The following plan was submitted on November 6, 2014, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) California Air Resources Board, Staff Report, Proposed Updates
to the 1997 8-Hour Ozone Standard, State Implementation Plans;
Coachella Valley and Western Mojave Desert (excluding section III (pp.
8-12), Table A-2, Table B-2, Table C-2, the bottom row of Table E-1,
Table E-3 and accompanying discussion of Western Mojave Desert ROG
calculations on p. E-7, and Figure E-2 (regarding Western Mojave
Desert); Table B-3 (regarding contingency measures); and Appendix D
(regarding transportation conformity budgets)), adopted on October 24,
2014.
[FR Doc. 2017-12019 Filed 6-9-17; 8:45 am]
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