Extreme Area Submission Requirements, Coachella Valley Nonattainment Area; California Ozone, 2311-2313 [2020-00178]
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
effect 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. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect 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. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone lasting one hour, that will prohibit
entry within a 1-mile stretch of the Ohio
River. It is categorically excluded from
further review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and Recordkeeping
Requirements, Security Measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0820 to read as
follows:
■
§ 165.T08–0820 Safety zone; Ohio River,
Owensboro, KY.
(a) Location. All navigable waters of
the Ohio River between mile marker
(MM) 756.4 to MM 757.4 in Owensboro,
KY.
(b) Period of enforcement. This
section will be enforced from 10 p.m.
through 11 p.m. on January 18, 2020.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Ohio Valley (COTP) or
a designated representative. Persons or
vessels desiring to enter into or pass
through the zone must request
permission from the COTP or a
designated representative. They may be
contacted on VHF–FM radio channel 16
or phone at 1–800–253–7465.
(2) Persons and vessels permitted to
enter this safety zone must transit at the
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
Broadcast Notices to Mariners and the
Local Notice to Mariners of the
enforcement period for the temporary
safety zone as well as any changes in the
planned schedule.
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2311
Dated: January 7, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2020–00298 Filed 1–14–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0240; FRL–10003–
97-Region 9]
Extreme Area Submission
Requirements, Coachella Valley
Nonattainment Area; California Ozone
Environmental Protection
Agency (EPA).
ACTION: Final action.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a schedule for California to
submit an ‘‘Extreme’’ ozone
nonattainment area plan addressing the
requirements of CAA section 182(e) and
revised title V and new source review
(NSR) rules for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS). The EPA is approving a
deadline of one year from the effective
date of this rule for the State to submit
a state implementation plan (SIP)
revision addressing these requirements
and to implement the related control
requirements.
SUMMARY:
This final action is effective on
February 14, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0240. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Tom
Kelly, EPA Region IX, 75 Hawthorne St.,
San Francisco, CA 94105. By phone:
(415) 972–3856 or by email at
kelly.thomasp@epa.gov.
DATES:
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
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On July 10, 2019, the EPA granted 1 a
request by the California Air Resources
Board (CARB) to voluntarily reclassify
the Coachella Valley portion of
Riverside County, California
(‘‘Coachella Valley’’) from ‘‘Severe-15’’
to ‘‘Extreme’’ for the 1997 ozone
NAAQS.2 On August 27, 2019 (84 FR
44801), the EPA proposed to require
CARB and the South Coast Air Quality
Management District (SCAQMD or
‘‘District’’) to submit SIP revisions
addressing the requirements resulting
from the EPA’s reclassification by no
later than July 10, 2020, one year from
the effective date of the reclassification.
Our proposal specified that the State’s
submittal must include an Extreme area
plan that addresses the requirements of
CAA section 182(e), including but not
limited to: (1) An attainment
demonstration showing attainment of
the 1997 ozone NAAQS as
expeditiously as practicable but no later
than June 15, 2024; (2) a reasonable
further progress (RFP) demonstration
showing ozone precursor reductions of
at least 3 percent per year until the
attainment date; (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.3 In
addition, as explained in the proposal,
California must submit revised title V
and NSR rules for the Coachella Valley
that reflect the Extreme area definitions
for new major sources and
modifications, as well as increase the
offset ratios for these sources and
1 84 FR 32841; see also 84 FR 50760 (September
26, 2019) correcting the docket number. As
explained in the July 10, 2019 notice, 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.
2 The EPA revoked the 1997 ozone NAAQS with
the promulgation of the 2008 ozone NAAQS, 80 FR
12263 (March 6, 2015). Following revocation,
certain requirements of the 1997 ozone NAAQS
continue to apply as anti-backsliding measures
under CAA section 172(e).
3 Id. at 44802.
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modifications consistent with CAA
section 182(e)(1) and (2).4
Please see our August 27, 2019
proposed rule for additional background
and a more detailed explanation of our
proposed action.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received three
comments, including one not relevant to
the proposed action. The full text of
these comments is available in the
docket for this action.5 Below, we
provide summaries of the two relevant
comments and our responses.
Comment #1: One anonymous
commenter supported the
reclassification of the Coachella Valley,
but asked how the reclassification will
improve air quality. The commenter
stated that air quality in the area calls
for drastic action from the state, and
cited other environmental hazards of
concern, such as pesticide application,
failing septic systems, illegal waste
dumps, inadequate housing, unpaved
streets and contaminated bodies of
water. The commenter also emphasized
the need for action on the part of public
agencies, elected officials, foundations,
businesses, advocates and residents.
Response #1: The EPA granted the
reclassification request, effective July
10, 2019. This action specifies the
schedule for CARB to submit the
elements necessary to meet the Extreme
requirements for the 1997 ozone
NAAQS, including new rules to lower
the major source threshold from 25 tons
per year to 10 tons per year. The
SCAQMD and CARB must identify and
implement the control measures
necessary to improve air quality
sufficiently to attain the standards, and
the EPA will take action on the
submitted measures and elements in a
4 Under CAA section 182(e), the major source
threshold for an Extreme nonattainment area is 10
tons per year (tpy), which is lower than the 25 tpy
threshold for a Severe-15 area. Under CAA section
182(e)(1), the permitting offset ratios for volatile
organic compound and oxides of nitrogen 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 the 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. See 42 U.S.C.
7511a(e).
5 See https://www.regulations.gov under docket ID
number EPA–R09–OAR–2019–0240.
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separate action, with another
opportunity for public comment.
Comment #2: The SCAQMD requested
additional time to submit a plan
addressing the Extreme nonattainment
requirements for the Coachella Valley.
The District explained that the public
process for amending the NSR and title
V permitting rules is expected to take at
least 9 months, and that the
development of contingency measures
would take at least one year to allow for
sufficient public process. Based on these
estimates and considering the time
needed to develop the other SIP
requirements, the District states that the
proposed July 10, 2020 deadline is not
adequate to satisfy the applicable
requirements. The District requests that
the EPA extend the submittal deadline
to one year from the effective date of the
action.
Response #2: We recognize that the
District and CARB will require adequate
time to develop and implement new
measures and strategies, revise local
rules, complete necessary analysis and
demonstrations, and to provide
adequate opportunities for public
involvement. The State must ensure that
all required planning elements for an
Extreme nonattainment area are
satisfied, that public processes are
completed, and that the resulting plan is
sufficient to demonstrate attainment of
the 1997 ozone NAAQS in the Coachella
Valley as expeditiously as practicable
but no later than June 15, 2024. Because
we find the District’s request for
additional time reasonable, and we
believe the additional time will not
impede the area’s attainment of the
standard by the attainment date, we
agree with the commenter’s proposed
extension of the submittal deadline to
one year from the effective date of this
rule.
III. EPA Action
For the reasons discussed in detail in
the proposed rule and Section II of this
document, the EPA is setting a deadline
for submittal of SIP revisions to address
the Extreme area requirements for the
Coachella Valley as no later than one
year from the effective date of this rule.
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 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
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
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 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 it is not significant under
Executive Order 12866.
In addition, I certify that this action
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.), because the
action addresses only the timing of
submittals required by the Clean Air
Act. For the same reason, this action
does not have regulatory requirements
that might significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4).
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.’’ Because
this action addresses only the timing of
submittals required by the State and
would not affect areas of Indian
Country, this action does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175.
This 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 action does not
alter the relationship, or the distribution
of power and responsibilities
established in the Clean Air Act.
This rule also is not subject to
Executive Order 13045. The EPA
interprets Executive Order 13045 as
applying only to those regulatory
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actions that concern environmental
health or safety risks such that the
analysis required under section 5–501 of
the Executive order has the potential to
influence the regulation. This action
does not concern an environmental
health risk or safety risk.
As this action 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 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. This
action addresses the timing for the
submittal of Extreme area ozone
planning requirements, and we find that
it does not have disproportionately high
and adverse human health or
environmental health effects on
minority populations, low-income
populations and/or indigenous peoples,
as specified in Executive Order 12898.
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
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 March 16, 2020.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
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2313
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,
Incorporation by reference, Ozone.
Dated: December 18, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2020–00178 Filed 1–14–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0528; FRL–10003–
96–Region 9]
Air Plan Approval; California; Northern
Sierra Air Quality Management District;
Reasonably Available Control
Technology
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Northern
Sierra Air Quality Management District
(NSAQMD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP) under the Clean Air Act (CAA or
‘‘the Act’’). This revision concerns the
District’s demonstration regarding
reasonably available control technology
(RACT) requirements for the 2008 8hour ozone national ambient air quality
standard (NAAQS or ‘‘standards’’) in the
Western Nevada County ozone
nonattainment area, which is under the
jurisdiction of the NSAQMD.
DATES: This rule will be effective on
February 14, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0528. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
the disclosure of which is restricted by
statute. Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
SUMMARY:
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Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2311-2313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00178]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2019-0240; FRL-10003-97-Region 9]
Extreme Area Submission Requirements, Coachella Valley
Nonattainment Area; California Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a schedule for California to submit an ``Extreme''
ozone nonattainment area plan addressing the requirements of CAA
section 182(e) and revised title V and new source review (NSR) rules
for the 1997 8-hour ozone national ambient air quality standards
(NAAQS). The EPA is approving a deadline of one year from the effective
date of this rule for the State to submit a state implementation plan
(SIP) revision addressing these requirements and to implement the
related control requirements.
DATES: This final action is effective on February 14, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0240. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Tom Kelly, EPA Region IX, 75 Hawthorne
St., San Francisco, CA 94105. By phone: (415) 972-3856 or by email at
[email protected].
[[Page 2312]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On July 10, 2019, the EPA granted \1\ a request by the California
Air Resources Board (CARB) to voluntarily reclassify the Coachella
Valley portion of Riverside County, California (``Coachella Valley'')
from ``Severe-15'' to ``Extreme'' for the 1997 ozone NAAQS.\2\ On
August 27, 2019 (84 FR 44801), the EPA proposed to require CARB and the
South Coast Air Quality Management District (SCAQMD or ``District'') to
submit SIP revisions addressing the requirements resulting from the
EPA's reclassification by no later than July 10, 2020, one year from
the effective date of the reclassification. Our proposal specified that
the State's submittal must include an Extreme area plan that addresses
the requirements of CAA section 182(e), including but not limited to:
(1) An attainment demonstration showing attainment of the 1997 ozone
NAAQS as expeditiously as practicable but no later than June 15, 2024;
(2) a reasonable further progress (RFP) demonstration showing ozone
precursor reductions of at least 3 percent per year until the
attainment date; (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.\3\ In addition, as explained in the proposal, California must
submit revised title V and NSR rules for the Coachella Valley that
reflect the Extreme area definitions for new major sources and
modifications, as well as increase the offset ratios for these sources
and modifications consistent with CAA section 182(e)(1) and (2).\4\
---------------------------------------------------------------------------
\1\ 84 FR 32841; see also 84 FR 50760 (September 26, 2019)
correcting the docket number. As explained in the July 10, 2019
notice, 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.
\2\ The EPA revoked the 1997 ozone NAAQS with the promulgation
of the 2008 ozone NAAQS, 80 FR 12263 (March 6, 2015). Following
revocation, certain requirements of the 1997 ozone NAAQS continue to
apply as anti-backsliding measures under CAA section 172(e).
\3\ Id. at 44802.
\4\ Under CAA section 182(e), the major source threshold for an
Extreme nonattainment area is 10 tons per year (tpy), which is lower
than the 25 tpy threshold for a Severe-15 area. Under CAA section
182(e)(1), the permitting offset ratios for volatile organic
compound and oxides of nitrogen 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 the 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. See 42 U.S.C. 7511a(e).
---------------------------------------------------------------------------
Please see our August 27, 2019 proposed rule for additional
background and a more detailed explanation of our proposed action.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received three comments, including one not
relevant to the proposed action. The full text of these comments is
available in the docket for this action.\5\ Below, we provide summaries
of the two relevant comments and our responses.
---------------------------------------------------------------------------
\5\ See https://www.regulations.gov under docket ID number EPA-
R09-OAR-2019-0240.
---------------------------------------------------------------------------
Comment #1: One anonymous commenter supported the reclassification
of the Coachella Valley, but asked how the reclassification will
improve air quality. The commenter stated that air quality in the area
calls for drastic action from the state, and cited other environmental
hazards of concern, such as pesticide application, failing septic
systems, illegal waste dumps, inadequate housing, unpaved streets and
contaminated bodies of water. The commenter also emphasized the need
for action on the part of public agencies, elected officials,
foundations, businesses, advocates and residents.
Response #1: The EPA granted the reclassification request,
effective July 10, 2019. This action specifies the schedule for CARB to
submit the elements necessary to meet the Extreme requirements for the
1997 ozone NAAQS, including new rules to lower the major source
threshold from 25 tons per year to 10 tons per year. The SCAQMD and
CARB must identify and implement the control measures necessary to
improve air quality sufficiently to attain the standards, and the EPA
will take action on the submitted measures and elements in a separate
action, with another opportunity for public comment.
Comment #2: The SCAQMD requested additional time to submit a plan
addressing the Extreme nonattainment requirements for the Coachella
Valley. The District explained that the public process for amending the
NSR and title V permitting rules is expected to take at least 9 months,
and that the development of contingency measures would take at least
one year to allow for sufficient public process. Based on these
estimates and considering the time needed to develop the other SIP
requirements, the District states that the proposed July 10, 2020
deadline is not adequate to satisfy the applicable requirements. The
District requests that the EPA extend the submittal deadline to one
year from the effective date of the action.
Response #2: We recognize that the District and CARB will require
adequate time to develop and implement new measures and strategies,
revise local rules, complete necessary analysis and demonstrations, and
to provide adequate opportunities for public involvement. The State
must ensure that all required planning elements for an Extreme
nonattainment area are satisfied, that public processes are completed,
and that the resulting plan is sufficient to demonstrate attainment of
the 1997 ozone NAAQS in the Coachella Valley as expeditiously as
practicable but no later than June 15, 2024. Because we find the
District's request for additional time reasonable, and we believe the
additional time will not impede the area's attainment of the standard
by the attainment date, we agree with the commenter's proposed
extension of the submittal deadline to one year from the effective date
of this rule.
III. EPA Action
For the reasons discussed in detail in the proposed rule and
Section II of this document, the EPA is setting a deadline for
submittal of SIP revisions to address the Extreme area requirements for
the Coachella Valley as no later than one year from the effective date
of this rule.
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 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
[[Page 2313]]
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 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 it
is not significant under Executive Order 12866.
In addition, I certify that this action 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.), because the action
addresses only the timing of submittals required by the Clean Air Act.
For the same reason, this action does not have regulatory requirements
that might significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
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.'' Because this action addresses only the
timing of submittals required by the State and would not affect areas
of Indian Country, this action does not have tribal implications and
will not impose substantial direct costs on tribal governments or
preempt tribal law as specified by Executive Order 13175.
This 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 action does not alter the relationship, or the
distribution of power and responsibilities established in the Clean Air
Act.
This rule also is not subject to Executive Order 13045. The EPA
interprets Executive Order 13045 as applying only to those regulatory
actions that concern environmental health or safety risks such that the
analysis required under section 5-501 of the Executive order has the
potential to influence the regulation. This action does not concern an
environmental health risk or safety risk.
As this action 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 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. This action addresses the timing for
the submittal of Extreme area ozone planning requirements, and we find
that it does not have disproportionately high and adverse human health
or environmental health effects on minority populations, low-income
populations and/or indigenous peoples, as specified in Executive Order
12898.
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 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 March 16, 2020. 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, Incorporation by reference, Ozone.
Dated: December 18, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2020-00178 Filed 1-14-20; 8:45 am]
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