Extreme Area Submission Requirements, Coachella Valley Nonattainment Area; California Ozone, 44801-44804 [2019-18432]

Download as PDF Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules jspears on DSK3GMQ082PROD with PROPOSALS IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. 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 proposed 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); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866. • 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 CAA; and • Does not provide 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, this proposed rule, Pennsylvania’s 2018 VOC CTG RACT Submission for Philadelphia County, does not have tribal implications as VerDate Sep<11>2014 18:02 Aug 26, 2019 Jkt 247001 specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Ozone, Incorporation by reference, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: August 16, 2019. Diana Esher, Acting Regional Administrator, Region III. [FR Doc. 2019–18433 Filed 8–26–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2019–0240; FRL–9998–84– Region 9] Extreme Area Submission Requirements, Coachella Valley Nonattainment Area; California Ozone Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) recently granted a request by the State of California to voluntarily reclassify the Coachella Valley nonattainment area from ‘‘Severe-15’’ to ‘‘Extreme’’ for the 1997 8-hour ozone national ambient air quality standards (NAAQS) under section 182(b)(3) of the Clean Air Act (CAA). In this action, the EPA is proposing a schedule for the State to submit an Extreme ozone nonattainment area plan and revised title V and new source review (NSR) rules. The EPA is proposing deadlines for submittal of those state implementation plan (SIP) revisions and for implementation of the related control requirements. Under the EPA’s proposed schedule, California would be required to submit these elements no later than July 10, 2020 (12 months from the effective date of the area’s reclassification). We are also clarifying some language related to tribal areas that was included in our reclassification rule. DATES: Any comments must arrive by September 26, 2019. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2019–0240 at https:// SUMMARY: PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 44801 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. FOR FURTHER INFORMATION CONTACT: Tom Kelly, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972–3856 or by email at kelly.thomasp@ epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Background II. Proposed Action and Public Comment III. Statutory and Executive Order Reviews I. Background This action concerns SIP revisions for the Coachella Valley portion of Riverside County, California (‘‘Coachella Valley’’), upon the area’s reclassification to Extreme nonattainment for the 1997 ozone NAAQS. The Coachella Valley is overseen by the South Coast Air Quality Management District (‘‘District’’). Effective June 15, 2004, we classified the Coachella Valley as ‘‘Serious’’ nonattainment for the 1997 ozone NAAQS.1 Our classification of Coachella Valley as a Serious ozone nonattainment area established a requirement that the area attain the 1997 ozone NAAQS as expeditiously as practicable, but no later than eight years from designation, i.e., June 15, 2012. On November 28, 2007, the California Air Resources Board (CARB) voluntarily 1 69 E:\FR\FM\27AUP1.SGM FR 23858 (April 30, 2004). 27AUP1 44802 Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules jspears on DSK3GMQ082PROD with PROPOSALS requested that the EPA reclassify the Coachella Valley from Serious to Severe-15. The EPA granted the voluntary reclassification, effective June 4, 2010, establishing a new Severe-15 attainment date of not later than June 15, 2019.2 On June 11, 2019, CARB submitted a request that the EPA reclassify the Coachella Valley from Severe-15 to Extreme for the 1997 ozone NAAQS. The EPA granted CARB’s request for reclassification in a separate action, effective July 10, 2019.3 As explained in the notice for that action, the EPA’s reclassification to Extreme nonattainment applies only to the portions of the Coachella Valley subject to the State’s jurisdiction, and the EPA did not reclassify any areas of Indian country within the boundaries of the nonattainment area.4 The EPA’s reclassification notice recognized a recent decision of the United States Court of Appeals for the District of Columbia Circuit, South Coast Air Quality Management District v. EPA, 882 F.3d 1138 (D.C. Cir. 2018) (‘‘South Coast II’’), as it relates to the EPA’s obligations for a revoked NAAQS. As described in that notice, the EPA revoked the 1997 ozone NAAQS in 2015, and the Court in South Coast II held that the EPA’s obligation to reclassify areas failing to meet an attainment date is an anti-backsliding control applicable to the revoked 1997 NAAQS. The notice stated that although the Court did not address voluntary reclassifications requested by states, such reclassifications are consistent with the general scheme for implementing CAA emissions controls to achieve attainment and serve to clarify an area’s anti-backsliding obligations with respect to the revoked 1997 NAAQS.5 This proposal clarifies the anti-backsliding obligations for the Coachella Valley by establishing a schedule for the State to submit the plan elements for an Extreme area. II. Proposed Action and Public Comment In this action, we are proposing to require the State to submit SIP revisions to address the requirements resulting from the EPA’s reclassification of the Coachella Valley to Extreme nonattainment for the 1997 ozone NAAQS by no later than July 10, 2020, one year from the effective date of the reclassification. The State’s submittal 2 75 FR 24409 (May 5, 2010). Under CAA section 181(b)(3), the EPA must approve a state’s request for voluntary reclassification to a higher ozone nonattainment classification. 3 84 FR 32841 (July 10, 2019). 4 Id. 5 Id. VerDate Sep<11>2014 18:02 Aug 26, 2019 Jkt 247001 must include an Extreme area plan that addresses the requirements of CAA section 182(e) as well as revisions to the NSR and title V rules applicable to the area. In this proposed action, we are also clarifying one aspect of our July 10, 2019 rule related to Indian country of the Santa Rosa Band of Cahuilla Indians. A. Extreme Area Plan Requirements Under CAA section 182(e), an attainment plan for an Extreme area must include the elements required for a Severe area as well as additional plan elements for an Extreme area.6 Where applicable, the plan elements should reflect the reduction of the major source threshold under 182(e) from 25 tons per year for a Severe area to 10 tons per year for an Extreme area. The requirements for an Extreme area plan include, but are not limited to: (1) An attainment demonstration; (2) a reasonable further progress (RFP) demonstration showing ozone precursor reductions of at least 3 percent per year until the attainment date; 7 (3) additional reasonably available control technology (RACT) rules to address sources subject to the lower Extreme area major source threshold; (4) use of clean fuels or advanced control technology for boilers as described at CAA section 182(e)(3); and (5) contingency measures. For the Coachella Valley, the District and State will need to submit a plan that includes all elements required under CAA section 182(e), and that demonstrates attainment of the 1997 ozone NAAQS as expeditiously as practicable but no later than June 15, 2024. The plan should identify adopted measures sufficient to make the required RFP and attainment demonstrations for the area.8 For areas initially designated Extreme, the CAA provides 4 years from the date 6 CAA section 182(e) specifically excludes certain Severe area requirements from the Extreme area requirements, e.g., CAA section 182(c)(6), (7), and (8). 7 CAA section 182(e) does not allow the state to use the provision at CAA section 182(c)(2)(B)(ii) that allows RFP reductions of less than 3 percent per year based on additional demonstrations. 8 CAA section 182(e)(5) allows the EPA to approve an Extreme area attainment demonstration based on anticipated development of new control techniques or improvement of existing control technologies. This option requires a state to demonstrate that provisions based on these new techniques or improvements are not necessary to meet emission reductions required within the first 10 years after an area’s designation as Extreme, and to submit, at least three years before implementation of the proposed provisions relying on new technology, contingency measures to be implemented in case the anticipated technologies do not achieve the planned reductions. Based on the shorter timeline to attainment (roughly 5 years from reclassification), use of CAA section 182(e)(5) is not appropriate in this instance. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 of designation to submit the required SIP elements to the EPA. The statutory deadline for SIP submissions for areas initially designated as Extreme for the 1997 ozone NAAQS passed in June 2008. Under its general CAA section 301(a) authority, the EPA is establishing a new deadline of July 10, 2020, i.e., 12 months from the effective date of reclassification, for the State to submit SIP revisions addressing the Extreme area requirements for the Coachella Valley. This timeframe is consistent with how the EPA has handled establishing SIP submission deadlines under CAA section 182(i) for ozone areas reclassified by operation of law under CAA section 181(b)(2).9 The EPA has also considered that for pollutants other than ozone, the Clean Air Act provides twelve months for states to submit revised attainment demonstration SIP submissions when an area fails to attain by its attainment date.10 This timeframe generally allows for the time necessary for states and local air districts to finish reviews of available control measures, adopt revisions to necessary attainment strategies, address other SIP requirements and complete the public notice process necessary to adopt and submit timely SIP revisions. The RACT controls for an area classified as Extreme for the 1997 ozone NAAQS should be implemented before the ozone season of the classification’s attainment year, i.e., the ozone season immediately preceding the maximum attainment date. For the Coachella Valley, which has a year-round ozone season and a June 15, 2024 Extreme area attainment date, RACT controls must be implemented by January 1, 2023. B. NSR and Title V Program Revisions In addition to the required plan revisions discussed in section II.A of this notice, the State must submit, by July 10, 2020, revised District NSR rules for the Coachella Valley that reflect the Extreme area definitions for new major sources and modifications, and to increase the offset ratios for these sources and modifications consistent with CAA section 182(e)(1) and (2). Under CAA section 182(e)(1), the volatile organic compound and oxides 9 See, e.g., 75 FR 79302 (Dec. 20, 2010) (DallasFt. Worth, Texas, reclassification to Serious for the 1997 8-hour ozone NAAQS); 69 FR 16483 (March 30, 2004) (Beaumont-Port Arthur, Texas, reclassification to Serious for the 1979 1-hour ozone NAAQS); 68 FR 4836 (Jan. 30, 2003) (St. Louis, Missouri, reclassification to Serious for the 1979 1hour ozone NAAQS). 10 See CAA section 179(d)(1) (providing 12 months for a state to submit a new attainment demonstration after a determination that the area failed to attain by its attainment date). E:\FR\FM\27AUP1.SGM 27AUP1 Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules jspears on DSK3GMQ082PROD with PROPOSALS of nitrogen offset ratios for major sources and modifications in an Extreme nonattainment area must be at least 1.5 to 1, or at least 1.2 to 1 if the plan requires all existing major sources in the nonattainment area to use best available control technology. Under CAA section 182(e)(2), any change at a major stationary source that results in an increase in emissions from any discrete operation, unit, or other pollutant emitting activity at the source is generally considered a modification, subject to additional provisions for emissions increases offset through internal reductions and for equipment that is installed to comply with CAA requirements. The District must also make any changes in its title V operating permits program for the Coachella Valley necessary to reflect the change in the major source threshold from 25 tons per year for Severe areas to 10 tons per year for Extreme areas. The rationale for the EPA’s deadline of July 10, 2020 is discussed in Section II.A. C. Clarification of Indian Country in the Coachella Valley Reclassification Our July 10, 2019 rule approving the State’s request to reclassify the Coachella Valley to Extreme for the 1997 ozone NAAQS applied only to areas under state jurisdiction and did not change the nonattainment classification for any areas subject to tribal jurisdiction. Our rule identified tribes located within the Coachella Valley and indicated that Indian country under the jurisdiction of these tribes would remain classified as Severe-15, including land under the jurisdiction of the Santa Rosa Band of Cahuilla Indians. However, the rule did not mention that the reservation lands of the Santa Rosa Band of Cahuilla Indians includes lands located in both the Coachella Valley and the South Coast ozone nonattainment (‘‘South Coast’’) areas. The portion of the Santa Rosa Reservation located in the South Coast is classified as Extreme nonattainment.11 In this proposal, we reiterate that our reclassification did not change the nonattainment classification of any areas of Indian country and clarify that references to Indian country of the Santa Rosa Band of Cahuilla Indians in our reclassification rule apply only to the portions of the Santa Rosa Reservation located within the Coachella Valley. The portion of the reservation lands of the Santa Rosa Band of Cahuilla Indians located within the South Coast nonattainment area remains classified as Extreme for the 1997 ozone NAAQS. The portion of the 11 See 75 FR 24409, 24416 (May 5, 2010). VerDate Sep<11>2014 18:02 Aug 26, 2019 Jkt 247001 reservation lands of the Santa Rosa Band of Cahuilla Indians located within the Coachella Valley nonattainment area remains classified as Serious for the 1997 ozone NAAQS. We will accept comments from the public on this proposal until September 26, 2019. IV. Statutory and Executive Order Reviews Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. Because the statutory requirements are clearly defined with respect to the differently classified areas, and because those requirements are automatically triggered by classification, the timing of the submittal of the Extreme area requirements does not impose a materially adverse impact under Executive Order 12866. For these reasons, this proposed action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). Furthermore, this action is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because this action is not significant under Executive Order 12866. In addition, I certify that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This proposed action 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), because the EPA is seeking comment solely on the timing of submittal requirements. Executive Order 13175 (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.’’ The reclassification does not apply to tribal areas, and the proposed rule would not PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 44803 impose a burden on Indian reservation lands or other areas where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction within the Coachella Valley, and thus, this proposed 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. This proposed action also does not have federalism implications because it does 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This proposed action does not alter the relationship, or the distribution of power and responsibilities established in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045, ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because the EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. As this proposal would set a deadline for the submittal of CAA required plans and information, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Executive Order 12898 (59 FR 7629, February 16, 1994) 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. The EPA believes that this action, which addresses the timing for the submittal of Extreme area ozone planning requirements, does not have disproportionately high and adverse human health or environmental health effects on minority populations, lowincome populations and/or indigenous E:\FR\FM\27AUP1.SGM 27AUP1 44804 Federal Register / Vol. 84, No. 166 / Tuesday, August 27, 2019 / Proposed Rules peoples, as specified in Executive Order 12898. List of Subjects in 40 CFR Part 52 Environmental protection, Incorporation by reference, Ozone. Dated: August 14, 2019. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2019–18432 Filed 8–26–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA–HQ–OAR–2019–0168; FRL–9999–00– OAR] Section 610 Review of ‘‘Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program’’; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Notification of extension of public comment period. AGENCY: On May 22, 2019, the U.S. Environmental Protection Agency (‘‘EPA’’) published an entry in the Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions announcing that EPA will review the rulemaking ‘‘Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program’’ pursuant to section 610 of the Regulatory Flexibility Act. The purpose of this review is to determine if the provisions that could affect small entities should be continued without change, should be rescinded, or amended to minimize adverse economic impacts on small entities. The entry invited public comment on this proposal via the established docket on Regulations.gov by August 22, 2019—90 days after publication of the Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions. On August 15, 2019, EPA received a request from the Small Refiners Coalition to extend the comment period by 30 days to allow its members to provide thorough comments and data. On August 16, 2019, EPA received a similar request from the Small Retailers Coalition. EPA is extending the deadline for written comments an additional 30 days to September 23, 2019. DATES: Comments must be received on or before September 23, 2019. ADDRESSES: You may send your comments, identified by Docket ID No. EPA–HQ–OAR–2019–0168, by any of the following methods: jspears on DSK3GMQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 18:02 Aug 26, 2019 Jkt 247001 • Federal eRulemaking Portal: https:// www.regulations.gov (our preferred method) Follow the online instructions for submitting comments. • Mail: U.S. Environmental Protection Agency, EPA Docket Center, Office of Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand Delivery/Courier: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m.–4:30 p.m., Monday–Friday (except Federal Holidays). Instructions: Submit your comments on EPA’s section 610 review referenced above, identified by Docket ID No. EPA– HQ–OAR–2019–0168, at https:// www.regulations.gov (our preferred method), or the other methods identified above. Once submitted, comments cannot be edited or removed from the docket. 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. 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, 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-epadockets. FOR FURTHER INFORMATION CONTACT: Jessica Mroz, Office of Transportation and Air Quality, Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202–564–1094; email address: mroz.jessica@epa.gov. SUPPLEMENTARY INFORMATION: The EPA rulemaking that is the subject of this review was published on March 26, 2010, at 75 FR 14670. For the reasons noted above, the public comment period for this review will now end on September 23, 2019. Dated: August 20, 2019. Sarah Dunham, Director, Office of Transportation and Air Quality. [FR Doc. 2019–18435 Filed 8–26–19; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2006–0766; FRL–9996–03] RIN 2070–AJ28 Tolerance Crop Grouping Program V Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA is proposing revisions to its pesticide tolerance crop grouping regulations, which allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. EPA is proposing to revise one commodity definition, add three new commodity definitions, and amend the current herbs and spices crop group currently provided in Crop Group 19. The crops in the current ‘‘Crop Group 19: Herbs and Spices Group’’ will be separated into two new crop groups, ‘‘Crop Group 25: Herb Group’’ and ‘‘Crop Group 26: Spice Group.’’ Once final, these revisions will increase the utility and benefit of the crop grouping system for producers and other stakeholders involved in commercial agriculture. This is the fifth in a series of planned crop group updates expected to be prepared over the next several years. DATES: Comments must be received on or before October 28, 2019. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2006–0766, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Prasad Chumble, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental SUMMARY: E:\FR\FM\27AUP1.SGM 27AUP1

Agencies

[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Proposed Rules]
[Pages 44801-44804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18432]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0240; FRL-9998-84-Region 9]


Extreme Area Submission Requirements, Coachella Valley 
Nonattainment Area; California Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) recently granted a 
request by the State of California to voluntarily reclassify the 
Coachella Valley nonattainment area from ``Severe-15'' to ``Extreme'' 
for the 1997 8-hour ozone national ambient air quality standards 
(NAAQS) under section 182(b)(3) of the Clean Air Act (CAA). In this 
action, the EPA is proposing a schedule for the State to submit an 
Extreme ozone nonattainment area plan and revised title V and new 
source review (NSR) rules. The EPA is proposing deadlines for submittal 
of those state implementation plan (SIP) revisions and for 
implementation of the related control requirements. Under the EPA's 
proposed schedule, California would be required to submit these 
elements no later than July 10, 2020 (12 months from the effective date 
of the area's reclassification). We are also clarifying some language 
related to tribal areas that was included in our reclassification rule.

DATES: Any comments must arrive by September 26, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0240 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.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, EPA Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105, (415) 972-3856 or by email at 
[email protected].

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

Table of Contents

I. Background
II. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. Background

    This action concerns SIP revisions for the Coachella Valley portion 
of Riverside County, California (``Coachella Valley''), upon the area's 
reclassification to Extreme nonattainment for the 1997 ozone NAAQS. The 
Coachella Valley is overseen by the South Coast Air Quality Management 
District (``District'').
    Effective June 15, 2004, we classified the Coachella Valley as 
``Serious'' nonattainment for the 1997 ozone NAAQS.\1\ Our 
classification of Coachella Valley as a Serious ozone nonattainment 
area established a requirement that the area attain the 1997 ozone 
NAAQS as expeditiously as practicable, but no later than eight years 
from designation, i.e., June 15, 2012. On November 28, 2007, the 
California Air Resources Board (CARB) voluntarily

[[Page 44802]]

requested that the EPA reclassify the Coachella Valley from Serious to 
Severe-15. The EPA granted the voluntary reclassification, effective 
June 4, 2010, establishing a new Severe-15 attainment date of not later 
than June 15, 2019.\2\ On June 11, 2019, CARB submitted a request that 
the EPA reclassify the Coachella Valley from Severe-15 to Extreme for 
the 1997 ozone NAAQS. The EPA granted CARB's request for 
reclassification in a separate action, effective July 10, 2019.\3\ As 
explained in the notice for that action, the EPA's reclassification to 
Extreme nonattainment applies only to the portions of the Coachella 
Valley subject to the State's jurisdiction, and the EPA did not 
reclassify any areas of Indian country within the boundaries of the 
nonattainment area.\4\
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    \1\ 69 FR 23858 (April 30, 2004).
    \2\ 75 FR 24409 (May 5, 2010). Under CAA section 181(b)(3), the 
EPA must approve a state's request for voluntary reclassification to 
a higher ozone nonattainment classification.
    \3\ 84 FR 32841 (July 10, 2019).
    \4\ Id.
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    The EPA's reclassification notice recognized a recent decision of 
the United States Court of Appeals for the District of Columbia 
Circuit, South Coast Air Quality Management District v. EPA, 882 F.3d 
1138 (D.C. Cir. 2018) (``South Coast II''), as it relates to the EPA's 
obligations for a revoked NAAQS. As described in that notice, the EPA 
revoked the 1997 ozone NAAQS in 2015, and the Court in South Coast II 
held that the EPA's obligation to reclassify areas failing to meet an 
attainment date is an anti-backsliding control applicable to the 
revoked 1997 NAAQS. The notice stated that although the Court did not 
address voluntary reclassifications requested by states, such 
reclassifications are consistent with the general scheme for 
implementing CAA emissions controls to achieve attainment and serve to 
clarify an area's anti-backsliding obligations with respect to the 
revoked 1997 NAAQS.\5\ This proposal clarifies the anti-backsliding 
obligations for the Coachella Valley by establishing a schedule for the 
State to submit the plan elements for an Extreme area.
---------------------------------------------------------------------------

    \5\ Id.
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II. Proposed Action and Public Comment

    In this action, we are proposing to require the State to submit SIP 
revisions to address the requirements resulting from the EPA's 
reclassification of the Coachella Valley to Extreme nonattainment for 
the 1997 ozone NAAQS by no later than July 10, 2020, one year from the 
effective date of the reclassification. The State's submittal must 
include an Extreme area plan that addresses the requirements of CAA 
section 182(e) as well as revisions to the NSR and title V rules 
applicable to the area. In this proposed action, we are also clarifying 
one aspect of our July 10, 2019 rule related to Indian country of the 
Santa Rosa Band of Cahuilla Indians.

A. Extreme Area Plan Requirements

    Under CAA section 182(e), an attainment plan for an Extreme area 
must include the elements required for a Severe area as well as 
additional plan elements for an Extreme area.\6\ Where applicable, the 
plan elements should reflect the reduction of the major source 
threshold under 182(e) from 25 tons per year for a Severe area to 10 
tons per year for an Extreme area. The requirements for an Extreme area 
plan include, but are not limited to: (1) An attainment demonstration; 
(2) a reasonable further progress (RFP) demonstration showing ozone 
precursor reductions of at least 3 percent per year until the 
attainment date; \7\ (3) additional reasonably available control 
technology (RACT) rules to address sources subject to the lower Extreme 
area major source threshold; (4) use of clean fuels or advanced control 
technology for boilers as described at CAA section 182(e)(3); and (5) 
contingency measures.
---------------------------------------------------------------------------

    \6\ CAA section 182(e) specifically excludes certain Severe area 
requirements from the Extreme area requirements, e.g., CAA section 
182(c)(6), (7), and (8).
    \7\ CAA section 182(e) does not allow the state to use the 
provision at CAA section 182(c)(2)(B)(ii) that allows RFP reductions 
of less than 3 percent per year based on additional demonstrations.
---------------------------------------------------------------------------

    For the Coachella Valley, the District and State will need to 
submit a plan that includes all elements required under CAA section 
182(e), and that demonstrates attainment of the 1997 ozone NAAQS as 
expeditiously as practicable but no later than June 15, 2024. The plan 
should identify adopted measures sufficient to make the required RFP 
and attainment demonstrations for the area.\8\
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    \8\ CAA section 182(e)(5) allows the EPA to approve an Extreme 
area attainment demonstration based on anticipated development of 
new control techniques or improvement of existing control 
technologies. This option requires a state to demonstrate that 
provisions based on these new techniques or improvements are not 
necessary to meet emission reductions required within the first 10 
years after an area's designation as Extreme, and to submit, at 
least three years before implementation of the proposed provisions 
relying on new technology, contingency measures to be implemented in 
case the anticipated technologies do not achieve the planned 
reductions. Based on the shorter timeline to attainment (roughly 5 
years from reclassification), use of CAA section 182(e)(5) is not 
appropriate in this instance.
---------------------------------------------------------------------------

    For areas initially designated Extreme, the CAA provides 4 years 
from the date of designation to submit the required SIP elements to the 
EPA. The statutory deadline for SIP submissions for areas initially 
designated as Extreme for the 1997 ozone NAAQS passed in June 2008. 
Under its general CAA section 301(a) authority, the EPA is establishing 
a new deadline of July 10, 2020, i.e., 12 months from the effective 
date of reclassification, for the State to submit SIP revisions 
addressing the Extreme area requirements for the Coachella Valley. This 
timeframe is consistent with how the EPA has handled establishing SIP 
submission deadlines under CAA section 182(i) for ozone areas 
reclassified by operation of law under CAA section 181(b)(2).\9\ The 
EPA has also considered that for pollutants other than ozone, the Clean 
Air Act provides twelve months for states to submit revised attainment 
demonstration SIP submissions when an area fails to attain by its 
attainment date.\10\ This timeframe generally allows for the time 
necessary for states and local air districts to finish reviews of 
available control measures, adopt revisions to necessary attainment 
strategies, address other SIP requirements and complete the public 
notice process necessary to adopt and submit timely SIP revisions.
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    \9\ See, e.g., 75 FR 79302 (Dec. 20, 2010) (Dallas-Ft. Worth, 
Texas, reclassification to Serious for the 1997 8-hour ozone NAAQS); 
69 FR 16483 (March 30, 2004) (Beaumont-Port Arthur, Texas, 
reclassification to Serious for the 1979 1-hour ozone NAAQS); 68 FR 
4836 (Jan. 30, 2003) (St. Louis, Missouri, reclassification to 
Serious for the 1979 1-hour ozone NAAQS).
    \10\ See CAA section 179(d)(1) (providing 12 months for a state 
to submit a new attainment demonstration after a determination that 
the area failed to attain by its attainment date).
---------------------------------------------------------------------------

    The RACT controls for an area classified as Extreme for the 1997 
ozone NAAQS should be implemented before the ozone season of the 
classification's attainment year, i.e., the ozone season immediately 
preceding the maximum attainment date. For the Coachella Valley, which 
has a year-round ozone season and a June 15, 2024 Extreme area 
attainment date, RACT controls must be implemented by January 1, 2023.

B. NSR and Title V Program Revisions

    In addition to the required plan revisions discussed in section 
II.A of this notice, the State must submit, by July 10, 2020, revised 
District NSR rules for the Coachella Valley that reflect the Extreme 
area definitions for new major sources and modifications, and to 
increase the offset ratios for these sources and modifications 
consistent with CAA section 182(e)(1) and (2). Under CAA section 
182(e)(1), the volatile organic compound and oxides

[[Page 44803]]

of nitrogen offset ratios for major sources and modifications in an 
Extreme nonattainment area must be at least 1.5 to 1, or at least 1.2 
to 1 if the plan requires all existing major sources in the 
nonattainment area to use best available control technology. Under CAA 
section 182(e)(2), any change at a major stationary source that results 
in an increase in emissions from any discrete operation, unit, or other 
pollutant emitting activity at the source is generally considered a 
modification, subject to additional provisions for emissions increases 
offset through internal reductions and for equipment that is installed 
to comply with CAA requirements. The District must also make any 
changes in its title V operating permits program for the Coachella 
Valley necessary to reflect the change in the major source threshold 
from 25 tons per year for Severe areas to 10 tons per year for Extreme 
areas. The rationale for the EPA's deadline of July 10, 2020 is 
discussed in Section II.A.

C. Clarification of Indian Country in the Coachella Valley 
Reclassification

    Our July 10, 2019 rule approving the State's request to reclassify 
the Coachella Valley to Extreme for the 1997 ozone NAAQS applied only 
to areas under state jurisdiction and did not change the nonattainment 
classification for any areas subject to tribal jurisdiction. Our rule 
identified tribes located within the Coachella Valley and indicated 
that Indian country under the jurisdiction of these tribes would remain 
classified as Severe-15, including land under the jurisdiction of the 
Santa Rosa Band of Cahuilla Indians. However, the rule did not mention 
that the reservation lands of the Santa Rosa Band of Cahuilla Indians 
includes lands located in both the Coachella Valley and the South Coast 
ozone nonattainment (``South Coast'') areas. The portion of the Santa 
Rosa Reservation located in the South Coast is classified as Extreme 
nonattainment.\11\ In this proposal, we reiterate that our 
reclassification did not change the nonattainment classification of any 
areas of Indian country and clarify that references to Indian country 
of the Santa Rosa Band of Cahuilla Indians in our reclassification rule 
apply only to the portions of the Santa Rosa Reservation located within 
the Coachella Valley. The portion of the reservation lands of the Santa 
Rosa Band of Cahuilla Indians located within the South Coast 
nonattainment area remains classified as Extreme for the 1997 ozone 
NAAQS. The portion of the reservation lands of the Santa Rosa Band of 
Cahuilla Indians located within the Coachella Valley nonattainment area 
remains classified as Serious for the 1997 ozone NAAQS.
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    \11\ See 75 FR 24409, 24416 (May 5, 2010).
---------------------------------------------------------------------------

    We will accept comments from the public on this proposal until 
September 26, 2019.

IV. Statutory and Executive Order Reviews

    Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
13563 (76 FR 3821, January 21, 2011), this proposed action is not a 
``significant regulatory action'' and therefore is not subject to 
review by the Office of Management and Budget. Because the statutory 
requirements are clearly defined with respect to the differently 
classified areas, and because those requirements are automatically 
triggered by classification, the timing of the submittal of the Extreme 
area requirements does not impose a materially adverse impact under 
Executive Order 12866. For these reasons, this proposed action is also 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). Furthermore, this action is not an Executive 
Order 13771 (82 FR 9339, February 2, 2017) regulatory action because 
this action is not significant under Executive Order 12866.
    In addition, I certify that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This 
proposed action 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), because the EPA is seeking 
comment solely on the timing of submittal requirements.
    Executive Order 13175 (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.'' The reclassification does not apply to 
tribal areas, and the proposed rule would not impose a burden on Indian 
reservation lands or other areas where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction within the Coachella Valley, 
and thus, this proposed 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.
    This proposed action also does not have federalism implications 
because it does 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, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This proposed action does not alter the relationship, 
or the distribution of power and responsibilities established in the 
Clean Air Act.
    This proposed rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because the EPA interprets 
Executive Order 13045 as applying only to those regulatory actions that 
concern health or safety risks, such that the analysis required under 
section 5-501 of the Executive Order has the potential to influence the 
regulation.
    As this proposal would set a deadline for the submittal of CAA 
required plans and information, the requirements of section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply. This proposed rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Executive Order 12898 (59 FR 7629, February 16, 1994) 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. The EPA believes that this action, 
which addresses the timing for the submittal of Extreme area ozone 
planning requirements, does not have disproportionately high and 
adverse human health or environmental health effects on minority 
populations, low-income populations and/or indigenous

[[Page 44804]]

peoples, as specified in Executive Order 12898.

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Ozone.

    Dated: August 14, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-18432 Filed 8-26-19; 8:45 am]
 BILLING CODE 6560-50-P
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