Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; West Mojave Desert, California, 53223-53228 [2021-20618]
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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
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[FR Doc. 2021–20574 Filed 9–24–21; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0254; FRL–8727–02–
R9]
Clean Air Plans; 2008 8-Hour Ozone
Nonattainment Area Requirements;
West Mojave Desert, California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of state
implementation plan (SIP) revisions
submitted by the State of California to
meet Clean Air Act (CAA or ‘‘Act’’)
requirements for the 2008 8-hour ozone
national ambient air quality standards
(NAAQS or ‘‘standards’’) in the Los
Angeles-San Bernardino Counties (West
Mojave Desert), California ozone
nonattainment area (‘‘West Mojave
Desert’’ or WMD). The SIP revisions
address the ‘‘Severe-15’’ nonattainment
area requirements for the 2008 ozone
NAAQS, including the requirements for
emissions inventories, attainment
demonstration, reasonable further
progress, reasonably available control
measures, and contingency measures,
among others; and establishes motor
vehicle emissions budgets. The EPA is
approving the SIP revisions as meeting
all the applicable ozone nonattainment
area requirements, except for the
contingency measures requirement, for
which the EPA is deferring action.
DATES: This rule is effective on October
27, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0254. All
documents in the docket are listed on
the https://www.regulations.gov
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SUMMARY:
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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. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Tom
Kelly, Air Planning Office (AIR–2), 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.
I. Summary of the Proposed Action
On May 10, 2021, the EPA proposed
to approve, under CAA section
110(k)(3), and to conditionally approve,
under CAA section 110(k)(4), two SIP
submittals from the California Air
Resources Board (CARB) addressing
planning obligations for the West
Mojave Desert 1 as a Severe-15
nonattainment area for the 2008 ozone
NAAQS.2 The first, submitted June 2,
2017, includes attainment plans
prepared by the Antelope Valley Air
Quality Management District
(AVAQMD) and the Mojave Desert Air
Quality Management District
(MDAQMD) (collectively, ‘‘Districts’’),
an accompanying staff report prepared
by CARB (‘‘CARB Staff Report’’), and
other supporting documents.3 We refer
1 86 FR 24809 (May 10, 2021). The West Mojave
Desert consists of the northeast portion of Los
Angeles County and the southwest portion of San
Bernardino County. For a precise definition of the
boundaries of the West Mojave Desert 2008 ozone
nonattainment area, see 40 CFR 81.305.
2 In accordance with CAA section 181(a)(1), 40
CFR 51.1102 and 51.1103(a), nonattainment areas
classified as Severe-15 must attain the NAAQS
within 15 years of the effective date of the
nonattainment designation.
3 ‘‘AVAQMD Federal 75 ppb Ozone Attainment
Plan (Western Mojave Desert Nonattainment Area),’’
adopted on March 21, 2017, ‘‘MDAQMD Federal 75
ppb Ozone Attainment Plan (Western Mojave Desert
Nonattainment Area),’’ adopted on February 27,
2017, and ‘‘CARB Review of the Mojave Desert
AQMD and Antelope Valley AQMD Federal 75 ppb
Ozone Attainment Plans for the Western Mojave
Desert Nonattainment Area,’’ released April 21,
2017.
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to all the documents submitted to the
EPA on June 2, 2017, as the ‘‘2016 WMD
Attainment Plan.’’
The second submittal, sent on
December 11, 2018, is the ‘‘2018
Updates to the California State
Implementation Plan’’ (‘‘2018 SIP
Update’’).4 CARB adopted the 2018 SIP
Update on October 25, 2018. CARB
developed the 2018 SIP Update in
response to the court’s decision in
South Coast II 5 vacating the 2008 Ozone
SIP Requirements Rule (‘‘2008 Ozone
SRR’’) 6 with respect to the use of an
alternate baseline year for
demonstrating reasonable further
progress (RFP), and to address
contingency measure requirements in
the wake of the decision by the Ninth
Circuit Court of Appeals in Bahr v. EPA
(‘‘Bahr’’).7 The 2018 SIP Update
includes updates for eight different
California ozone nonattainment areas.
We have previously approved portions
of the 2018 SIP Update related to other
nonattainment areas.8 For the West
Mojave Desert, the 2018 SIP Update
includes an RFP demonstration using
the required 2011 baseline year and
revised motor vehicle emission budgets
for the 2008 ozone NAAQS.9
In our proposed rule, we provided
background information on the ozone
standards,10 area designations, and
4 Letter dated December 5, 2018, from Richard
Corey, Executive Officer, CARB, to Mike Stoker,
Regional Administrator, EPA Region IX, and
electronically transmitted to the EPA’s State
Planning Electronic Collaboration System on
December 11, 2018.
5 South Coast Air Quality Management District v.
EPA, 882 F.3d 1138 (D.C. Cir. 2018). The term
‘‘South Coast II’’ is used in reference to the 2018
court decision to distinguish it from a decision
published in 2006 also referred to as ‘‘South Coast.’’
The earlier decision involved a challenge to the
EPA’s Phase 1 implementation rule for the 1997
ozone NAAQS. South Coast Air Quality
Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006).
6 2008 Ozone SRR, 80 FR 12264, 12283 (March 6,
2015).
7 Bahr v. EPA, 836 F.3d 1218 (9th Cir. 2016). In
this case, the court rejected the EPA’s longstanding
interpretation of CAA section 172(c)(9) as allowing
for early implementation of contingency measures.
The court concluded that a contingency measure
must take effect at the time the area fails to make
RFP or attain by the applicable attainment date, not
before. See also Sierra Club v. EPA, 985 F.3d 1055
(D.C. Cir. 2021), reaching a similar decision. These
cases are addressed below in Section III.G of this
document.
8 See, e.g., 84 FR 11198 (March 25, 2019) (final
approval of the San Joaquin Valley portion of the
2018 SIP Update) and 84 FR 52005 (October 1,
2019) (final approval of the South Coast portion of
the 2018 SIP Update).
9 CARB withdrew the 2016 WMD Attainment
Plan RFP demonstration in a letter dated December
18, 2019, from Richard Corey, Executive Officer,
CARB, to Michael Stoker, Regional Administrator,
EPA Region IX.
10 The 1-hour ozone NAAQS is 0.12 parts per
million (ppm) (one-hour average), the 1997 ozone
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related SIP revision requirements under
the CAA and the EPA’s implementing
regulations for the 2008 ozone
standards, referred to as the 2008 Ozone
SRR. To summarize, the West Mojave
Desert is classified as Severe-15 for the
2008 ozone NAAQS, and CARB’s
submittals were developed to address
the statutory and regulatory
requirements for revisions to the SIP for
the West Mojave Desert Severe-15 ozone
nonattainment area.
Under the 2008 Ozone SRR, areas
classified as Severe-15 for the 2008
ozone NAAQS must demonstrate
attainment within 15 years of the
effective date of the nonattainment
designation, July 20, 2027, and states
must implement all control measures
needed for attainment no later than the
beginning of the attainment year ozone
season.11 The attainment year ozone
season is defined as the ozone season
immediately preceding a nonattainment
area’s outermost attainment date, or
2026.
Our proposed conditional approval of
the contingency measures element of
the 2016 WMD Attainment Plan relied
on specific commitments: (1) The
MDAQMD would submit a board
resolution further detailing the
circumstances, timing, and procedure
for implementing this contingency
measure, within 11 months of the EPA’s
final conditional approval of the
contingency measures element of the
2016 WMD Attainment Plan,12 and (2)
CARB would submit the adopted board
resolution to the EPA as a SIP revision
within 12 months of the EPA’s final
action.13 For more information on these
SIP submittals and related
commitments, please see our proposed
rule.
In our proposed rule, we reviewed the
various SIP elements contained in
CARB’s submittals, evaluated them for
compliance with statutory and
regulatory requirements, and concluded
that they meet all applicable
requirements, except for the
contingency measure requirement, for
which the EPA proposed conditional
NAAQS is 0.08 ppm (eight-hour average), and the
2008 ozone NAAQS is 0.075 ppm (eight-hour
average).
11 80 FR 12264 (March 6, 2015).
12 Letter dated March 29, 2021, from Brad Poiriez,
Executive Officer, MDAQMD, to Richard Corey,
Executive Officer, CARB.
13 Letter dated April 9, 2021, from Michael
Benjamin, Chief, Air Quality Planning and Science
Division, CARB, to Deborah Jordan, Acting Regional
Administrator, EPA Region IX. CARB’s letter also
forwarded the MDAQMD’s commitment letter to the
EPA. The MDAQMD’s letter is dated March 29,
2021, from Brad Poiriez, Executive Officer,
MDAQMD, to Richard Corey, CARB Executive
Officer.
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approval. More specifically, in our
proposed rule, we based our proposed
actions on the following determinations:
• CARB and the Districts met all
applicable procedural requirements for
public notice and hearing prior to the
adoption and submittal of the 2016
WMD Attainment Plan and the 2018 SIP
Update; 14
• The 2012 base year emissions
inventory from the 2016 WMD
Attainment Plan is comprehensive,
accurate, and current, and therefore
meets the requirements of CAA sections
172(c)(3) and 182(a)(1) and 40 CFR
51.1115. Additionally, the future year
baseline projections reflect appropriate
calculation methods and the latest
planning assumptions and are properly
supported by the SIP-approved
stationary and mobile source
measures; 15
• The emissions statement element of
the 2016 WMD Attainment Plan meets
the requirements for emissions
statements under CAA section
182(a)(3)(B) and 40 CFR 51.1102 for the
2008 ozone NAAQS; 16
• The process followed by the
Districts to identify reasonably available
control measures (RACM) is generally
consistent with the EPA’s
recommendations; the Districts’ rules
provide for the implementation of
RACM for stationary and area sources of
oxides of nitrogen (NOX) and volatile
organic compounds (VOC); 17 CARB and
the Districts provide for the
implementation of RACM for mobile
sources of NOX and VOC; there are no
additional RACM that would advance
attainment of the 2008 ozone NAAQS in
the West Mojave Desert by at least one
year; and therefore, the 2016 WMD
Attainment Plan provides for the
implementation of all RACM as required
by CAA section 172(c)(1) and 40 CFR
51.1112(c); 18
• The photochemical modeling in the
2016 WMD Attainment Plan shows that
existing CARB and District control
measures are sufficient to attain the
2008 ozone NAAQS by the applicable
attainment date, July 20 2027; given the
documentation in the 2016 WMD
Attainment Plan of modeling
procedures and good model
performance, the modeling is adequate
14 86
FR 24809, 24812.
at 24812–24814 and 24816–24819.
16 Id. at 24814–24815.
17 Ground-level ozone pollution is formed from
the reaction of VOC and NOX in the presence of
sunlight. CARB refers to reactive organic gases
(ROG) in some of its ozone-related submittals. The
CAA and the EPA’s regulations refer to VOC, rather
than ROG, but both terms cover essentially the same
set of gases.
18 86 FR 24809, 24815–24816.
15 Id.
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to support the attainment
demonstration; and therefore the 2016
WMD Attainment Plan meets the
attainment demonstration requirements
of CAA section 182(c)(2)(A) and 40 CFR
51.1108; 19
• The RFP demonstration in the 2018
SIP Update provides for emissions
reductions of VOC or NOX of at least 3
percent per year on average for each
three-year period, beginning 6 years
after the baseline year until the
attainment date, and thereby meets the
requirements of CAA sections 172(c)(2)
and 182(c)(2)(B) and 40 CFR
51.1110(a)(2)(ii); 20
• The vehicle miles traveled (VMT)
emissions offset demonstration shows
that CARB and the Southern California
Association of Governments have
adopted sufficient transportation control
strategies and transportation control
measures to offset the growth in
emissions from growth in VMT and
vehicle trips in the West Mojave Desert,
and thereby complies with the VMT
emissions offset requirement in CAA
section 182(d)(1)(A) and 40 CFR 51.1102
for the 2008 ozone NAAQS; 21
• The motor vehicle emissions
budgets in the 2018 SIP Update are
consistent with the RFP demonstration,
are clearly identified and precisely
quantified, and meet all other applicable
statutory and regulatory requirements in
40 CFR 93.118(e), including the
adequacy criteria in 40 CFR 93.118(e)(4)
and (5); 22 and
• Through previous EPA approvals of
California’s vehicle inspection and
maintenance (I/M) program, the 1994
‘‘Opt-Out Program’’ SIP revision, the
1993 Photochemical Assessment
Monitoring Station SIP revision, and the
2020 annual monitoring network plan
for the West Mojave Desert, the 2016
WMD Attainment Plan adequately
addresses, for the 2008 ozone NAAQS,
the enhanced I/M requirements in CAA
section 182(c)(3) and 40 CFR 51.1102;
the clean fuels fleet program in CAA
sections 182(c)(4) and 246 and 40 CFR
51.1102; and the enhanced ambient air
monitoring requirements in CAA
section 182(c)(1) and 40 CFR 51.1102.23
19 Id.
at 24816–24819.
at 24819–24821.
21 Id. at 24821–24823.
22 Id. at 24825–24827. In light of CARB’s request
to limit the duration of the approval of the budgets
in the 2018 SIP Update and in anticipation of the
EPA’s approval, in the near term, of an updated
version of CARB’s EMFAC (short for EMission
FACtor) model for use in SIP development and
transportation conformity in California to include
updated vehicle mix and emissions data, we
proposed to limit the duration of our approval of
the budgets until replacement budgets have been
found adequate. See id. at 24827.
23 Id. at 24827–24828.
20 Id.
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For the enhanced I/M element, the
proposed rule notes that an enhanced I/
M program is currently implemented in
a portion of the West Mojave Desert.24
As summarized above, the proposed
rule identifies this program as a
required element for the area under
CAA section 182(c)(3). On review,
however, we have confirmed that the
West Mojave Desert does not meet the
population threshold in CAA section
182(c)(3),25 and therefore is not subject
to the enhanced I/M requirement for the
2008 ozone NAAQS. The State of
California has elected to implement an
enhanced I/M vehicle program in
portions of the West Mojave Desert as
part of the ozone control strategy for the
area. We most recently approved
California’s I/M program in 2010.26
In light of the Bahr decision, the
MDAQMD 27 and CARB 28 committed to
supplement the contingency measure
element through submission, as a SIP
revision (within one year of our final
conditional approval action), of a board
resolution further detailing the
circumstances, timing, and procedures
for implementing I/M in the portion of
the West Mojave Desert not subject to
enhanced I/M,29 if an RFP milestone is
not met or if the area fails to attain the
2008 ozone NAAQS by the applicable
attainment date.30 The EPA proposed to
conditionally approve the contingency
measure element as meeting the
requirements of CAA sections 172(c)(9)
and 182(c)(9). Please see our proposed
rule for more information concerning
the background for this action and for a
more detailed discussion of the
rationale for approval or conditional
approval of the above-listed elements of
CARB’s submittals.
24 Id.
at 24827.
CFR 51.350(a)(2) (requiring enhanced I/M in
any 1990 Census-defined urbanized area within an
ozone nonattainment area classified as Serious or
above with a 1980 Census-defined urbanized area
with a population of 200,000 or more).
26 75 FR 38023 (July 1, 2010). See also related
notice of proposed rulemaking at 74 FR 41818
(August 19, 2009).
27 Letter dated March 29, 2021, from Brad Poiriez,
Executive Officer, MDAQMD, to Richard Corey,
CARB Executive Officer.
28 Letter dated April 9, 2021, from Michael
Benjamin, Chief, Air Quality Planning and Science
Division, CARB, to Deborah Jordan, Acting Regional
Administrator, EPA Region IX. CARB’s letter also
forwarded the MDAQMD’s commitment letter to the
EPA.
29 As described in the proposed rule, enhanced I/
M is implemented in the West Mojave Desert in all
of the area under the jurisdiction of the AVAQMD
and in a portion of the area under the jurisdiction
of the MDAQMD.
30 86 FR 24809, 24823–24825.
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II. Public Comments and EPA
Responses
The public comment period on the
proposed rule opened on May 10, 2021,
the date of its publication in the Federal
Register, and closed on June 9, 2021.
During this period, the EPA received
two comment letters, one submitted by
an individual and one submitted by the
Colorado River Indian Tribes (CRIT or
‘‘Tribes’’). We address the comments in
the following paragraphs of this final
rule.
Comment #1: CRIT objected to
language in the proposal stating that
‘‘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,’’ and that the proposed
action therefore ‘‘does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law’’ in
these areas. CRIT argued that this
analysis takes an overly narrow view of
tribal interests, noting that the Tribes’
ancestral homelands extend far beyond
the boundaries of the Tribes’
reservation, and that these areas have
substantial cultural, spiritual, and
religious significance for the Tribes. For
this reason, CRIT stated, they have an
interest in ensuring that air quality
impacts in the West Mojave Desert are
adequately considered and mitigated,
even where they lack jurisdiction. CRIT
observed that the EPA has a
responsibility to consult on a
government-to-government basis with
federally recognized tribal governments
when EPA actions and decisions may
affect tribal interests, based on
Executive Order 13175 and the EPA
Region IX draft tribal consultation
guidelines,31 and stated that this
responsibility is not limited to actions
on lands where tribes have
jurisdiction.32 CRIT requested a 15-day
extension to review the proposal and
provide comments, because they were
not provided notice of the proposal and
were not aware of any formal
consultation occuring between the EPA
and tribes located within the West
Mojave Desert.
Response to Comment #1: As
indicated in the EPA Region IX tribal
consultation document cited by the
commenter, for proposed Planning
Office actions on SIP submittals that do
31 EPA Region IX, ‘‘EPA Tribal Consultation Best
Practices for Air and Radiation Division Regulatory
Actions (Draft),’’ September 2020 (‘‘Draft
Consultation Best Practices’’).
32 CRIT also cites California state authorities
governing state tribal consultation procedures and
indicates that it sent its comments to CARB.
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53225
not affect the designation or
classification of a nonattainment area
(e.g., attainment plans), our general
practice is to provide notification to
tribes located within the applicable
nonattainment area, and to consult with
tribes if requested.33 We recognize that
EPA actions may also be of interest to
tribes with jurisdictional lands located
outside of the nonattainment area. For
this reason, going forward, we intend to
provide notification of these SIP actions
to tribes that have expressed interest in
EPA rulemaking within the area, in
addition to tribes with jurisdictional
lands located within the area.
Consistent with this approach, we will
include CRIT on future notifications for
planning actions related to the West
Mojave Desert nonattainment area.
On June 17, 2021, the EPA sent a
letter inviting CRIT to discuss this
proposed action and any concerns the
Tribes might have, and to offer CRIT the
chance to provide additional input on
the action by July 2, 2021, consistent
with our practices for tribal consultation
and involvement.34 CRIT did not
request additional discussions with the
EPA or provide any additional input on
this proposed action.
Comment #2: CRIT commented that
the EPA’s analysis does not address
whether CARB’s control measures for
off-road mobile sources will reduce
overall use of those sources. CRIT
explained that the Tribes have been
involved in other regional planning
efforts regarding off-road vehicles in the
West Mojave Desert, and are concerned
about the impact of off-road vehicle use
on cultural resources and the potential
for removal of artifacts.
Response to Comment #2: Off-road
mobile sources include trains, aircraft,
off-road equipment (e.g., construction
and mining vehicles) and off-road
recreational vehicles (e.g., off-road
motorcycles and all-terrain vehicles).
Within the off-road mobile source
category, off-road recreational vehicles
constitute a relatively small portion of
the overall inventory.35 To the extent
33 Draft Consultation Best Practices at 6. The EPA
issued a final version of this document on August
22, 2021. See EPA Region IX, ‘‘EPA Tribal
Consultation Best Practices for Air and Radiation
Division Regulatory Actions,’’ August 22, 2021.
34 Letter dated June 17, 2021, from Elizabeth J.
Adams, Director, Air and Radiation Division, EPA
Region IX, to Amelia Flores, Chairperson, Colorado
River Indian Tribes.
35 Emissions from off-road recreational vehicles
are estimated at 0.034 tons per day (tpd) of NOX in
the 2012 baseline year (0.1 percent of total off-road
emissions), and 0.05 tpd in the 2026 attainment
year (0.3 percent of total off-road emissions). In
contrast, emissions from trains are estimated at
more than 28 tpd of NOX in 2012 (87 percent of
total off-road emissions) and 12.5 tpd in 2026 (80
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that on-road vehicles travel off-road,
these emissions would be captured
within the on-road category. Federal
and CARB regulations do not generally
rely on operational limits to achieve
emission reductions. For example, one
State measure approved into the
California SIP rule restricts off-road
vehicles that do not meet current
emission standards (e.g., older off-road
vehicles) from operating in ozone
nonattainment areas during periods
when the area may not attain the ozone
standards (e.g., summer months) but
does not limit the operation of
compliant off-road vehicles.36 Another
State rule approved into the SIP limits
evaporative emission of fuel for off-road
vehicles.37 As related to attainment of
the 2008 ozone NAAQS, California
measures related to off-road vehicles
generally ensure that emissions of ozone
precursors from this source category are
controlled within the nonattainment
area, but do not restrict or reduce
overall usage of off-road engines
meeting current emissions standards.
We recognize the concerns expressed by
CRIT related to the impacts of off-road
vehicle usage on cultural resources and
artifacts. The Bureau of Land
Management and the National Park
Service, within the U.S. Department of
the Interior, oversee off-road vehicle use
in the eastern portion of the West
Mojave Desert and may have additional
information regarding use of off-road
vehicles in the West Mojave Desert and
potential impacts to cultural resources.
Comment #3: Both commenters
suggested that the 2016 WMD
Attainment Plan should be revised to
demonstrate attainment of the 2015
ozone NAAQS (0.070 ppm), rather than
the 2008 ozone NAAQS (0.075 ppm),
arguing that it would be more efficient
to address the more recent standards as
part of this SIP revision. The individual
commenter stated that the EPA’s failure
to require this revision could be
challenged as arbitrary and capricious
under the Administrative Procedure
Act.
Response to Comment #3: The EPA
agrees with the commenters regarding
the importance of the West Mojave
Desert timely addressing and attaining
percent of total off-road emissions). Values for 2012
are from the CARB Staff Report, Appendix A–2, and
values from 2018 SIP Update.
36 California Health and Safety Code Title 13,
Division 3, Chapter 9, Article 3, Section 2413, was
approved as a Clean Air Act waiver measure, 79 FR
6584 (February 4, 2014), and as a revision to the
California SIP, 81 FR 39424 (June 16, 2016).
37 California Health and Safety Code Title 13,
Division 3, Chapter 9, Article 3, Section 2412, was
approved as a Clean Air Act waiver measure, 79 FR
6584 (February 4, 2014), and as a revision to the
California SIP, 81 FR 39424 (June 16, 2016).
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the 2015 ozone NAAQS. Nonetheless,
the 2008 ozone NAAQS remain in effect
for all areas, and the Western Mojave
Desert remains subject to planning
obligations for these standards, in
addition to its new and overlapping
obligations for the more stringent 2015
ozone NAAQS. Therefore, we disagree
that the State must revise the 2016
WMD Attainment Plan to address the
2015 ozone NAAQS.
As described in the proposed rule,
under CAA section 109, the EPA
promulgates primary and secondary
NAAQS for pervasive air pollutants
such as ozone, and periodically reviews
these NAAQS to determine whether to
revise them or to establish new
standards.38 Under CAA section 110,
states with nonattainment areas must
submit SIP revisions to attain these
NAAQS, and to meet other requirements
based on nonattainment classification.
When EPA revises a NAAQS to lower
the level of the standard, the previous
NAAQS remain in effect until revoked;
after a NAAQS is revoked, areas
designated nonattainment for that
NAAQS remain subject to continuing
applicable requirements as ‘‘antibacksliding’’ obligations.39
The proposed rule describes the
requirements for the 2008 ozone
NAAQS, and how the 2016 WMD
Attainment Plan satisfies the obligations
of the West Mojave Desert as a Severe15 nonattainment area for this standard,
including the obligation to demonstrate
attainment of the 2008 NAAQS by no
later than July 20, 2027. The EPA’s
subsequent promulgation of the 2015
ozone NAAQS does not relieve the area
from these obligations for the 2008
ozone NAAQS. Similarly, the EPA’s
approval of the 2016 WMD Attainment
Plan does not relieve the area of its
obligations for the 2015 ozone NAAQS.
For the 2015 ozone NAAQS, California
is required to submit a plan to address
most elements for the West Mojave
Desert by August 3, 2022, and to
demonstrate attainment by no later than
August 3, 2033.40 Our approval of the
2016 WMD Attainment Plan will ensure
that the attainment plan is federally
enforceable as a mechanism for
attaining the 2008 ozone NAAQS.
Additionally, we anticipate that
implementation of the West Mojave
Desert control strategy for the 2008
ozone NAAQS as described in the 2016
WMD Attainment Plan will aid in the
38 See
88 FR at 24810.
e.g., 40 CFR 51.1105 (anti-backsliding
obligations for 1-hour and 1997 ozone NAAQS).
40 See 40 CFR 51.1303(a) and 51.1308(b). The
EPA designated the West Mojave Desert as
nonattainment for the 2015 ozone NAAQS effective
August 3, 2018. 83 FR 25776 (June 4, 2018).
39 See,
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
area’s attainment of the 2015 ozone
NAAQS by ensuring that the area
realizes consistent emissions reductions
while the State undertakes planning
efforts for the more stringent standards.
The EPA will work with CARB and the
Districts to ensure that requirements
applicable to the 2015 NAAQS are
addressed in a later submittal for the
West Mojave Desert.
III. Final Action
No comments were submitted that
change our assessment of CARB’s
submittals as described in our proposed
action. Therefore, for the reasons
discussed in detail in the proposed rule
and summarized herein, under CAA
section 110(k)(3), the EPA is taking final
action to approve as a revision to the
California SIP the following portions of
the 2016 WMD Attainment Plan for the
2008 ozone NAAQS, submitted by
CARB on June 2, 2017, and the 2018 SIP
Update, submitted on December 11,
2018:
• Base year emissions inventory
element in the 2016 WMD Attainment
Plan as meeting the requirements of
CAA sections 172(c)(3) and 182(a)(1)
and 40 CFR 51.1115;
• Emissions statement element in the
2016 WMD Attainment Plan as meeting
the requirements of CAA section
182(a)(3)(B) and 40 CFR 51.1102;
• RACM demonstration element in
the 2016 WMD Attainment Plan, as
meeting the requirements of CAA
section 172(c)(1) and 40 CFR 51.1112(c);
• Attainment demonstration element
in the 2016 WMD Attainment Plan as
meeting the requirements of CAA
section 182(c)(2)(A) and 40 CFR
51.1108;
• RFP demonstration element in the
2018 SIP Update as meeting the
requirements of CAA sections 172(c)(2),
182(b)(1), and 182(c)(2)(B), and 40 CFR
51.1110(a)(2)(ii);
• VMT emissions offset
demonstration element in the 2016
WMD Attainment Plan as meeting the
requirements of CAA section
182(d)(1)(A) and 40 CFR 51.1102; and
• Motor vehicle emissions budgets in
the 2018 SIP Update for the 2020 and
2023 RFP milestone year and the 2026
attainment year because they are
consistent with the RFP and attainment
demonstrations approved herein and
meet the other criteria in 40 CFR
93.118(e).
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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
final action on the contingency measure
element.
Finally, we are amending the
regulatory text at 40 CFR 52.220(c)(514)
to identify the submittal date for the
2018 SIP Update as December 11, 2018,
the date that the submittal was
Budget year
VOC
NOX
electronically received through the State
2020 ..................
3.7
8.4 Planning Electronic Collaboration
2023 ..................
3.3
4.6 System. The current regulatory text
2026 ..................
3.0
4.2 identifies the submittal date as
I
I
December 5, 2018, which is the date of
a Source: Table VI–3 from the 2018 SIP
the CARB cover letter accompanying the
Update.
submittal.
We are also taking final action to find
IV. Statutory and Executive Order
that the:
Reviews
• 2020 budgets from the 2018 SIP
Update (Table 1) are adequate for
Under the Clean Air Act, the
transportation conformity purposes; 41
Administrator is required to approve a
• Clean fuels fleet program element in SIP submission that complies with the
the 2016 WMD Attainment Plan meets
provisions of the Act and applicable
the requirements of CAA sections
Federal regulations. 42 U.S.C. 7410(k);
182(c)(4)(A) and 246 and 40 CFR
40 CFR 52.02(a). Thus, in reviewing SIP
51.1102 for the 2008 ozone NAAQS; and submissions, the EPA’s role is to
• Enhanced monitoring element in
approve state choices, provided that
the 2016 WMD Attainment Plan meets
they meet the criteria of the Clean Air
the requirements of CAA section
Act. Accordingly, this action merely
182(c)(1) and 40 CFR 51.1102 for the
approves state law as meeting federal
2008 ozone NAAQS.
requirements and does not impose
additional requirements beyond those
With respect to the budgets, we are
imposed by state law. For that reason,
taking final action to limit the duration
this action:
of our approval to last only until the
• Is not a significant regulatory action
effective date of the EPA’s adequacy
subject to review by the Office of
finding for any subsequently submitted
Management and Budget under
budgets. We are doing so at CARB’s
Executive Orders 12866 (58 FR 51735,
request and in light of the benefits of
October 4, 1993) and 13563 (76 FR 3821,
using EMFAC2017-derived budgets 42
January 21, 2011);
prior to our taking final action on the
future SIP revision that includes the
• Does not impose an information
updated budgets.
collection burden under the provisions
As described above, the proposed rule of the Paperwork Reduction Act (44
also proposed to conditionally approve, U.S.C. 3501 et seq.);
• Is certified as not having a
under CAA section 110(k)(4), the
significant economic impact on a
contingency measure element of the
substantial number of small entities
2016 WMD Attainment Plan as meeting
under the Regulatory Flexibility Act (5
the requirements of CAA sections
U.S.C. 601 et seq.);
172(c)(9) and 182(c)(9) for RFP and
attainment contingency measures.
• Does not contain any unfunded
Following publication of the proposed
mandate or significantly or uniquely
rule, the Ninth Circuit Court of Appeals affect small governments, as described
issued a decision in Association of
in the Unfunded Mandates Reform Act
Irritated Residents v. U.S.
of 1995 (Pub. L. 104–4);
Environmental Protection Agency,
• Does not have federalism
which remanded the EPA’s conditional
implications as specified in Executive
approval of contingency measures for
Order 13132 (64 FR 43255, August 10,
another California nonattainment area.43 1999);
Based on this decision, we are deferring
• Is not an economically significant
regulatory action based on health or
41 Pursuant to 40 CFR 93.118(f)(2)(iii), the EPA’s
safety risks subject to Executive Order
adequacy determination is effective upon
13045 (62 FR 19885, April 23, 1997);
publication of this final rule in the Federal
• Is not a significant regulatory action
Register.
subject to Executive Order 13211 (66 FR
42 On August 15, 2019, the EPA approved and
28355, May 22, 2001);
announced the availability of EMFAC2017, the
latest update to the EMFAC model for use by state
• Is not subject to requirements of
and local governments to meet CAA requirements.
Section 12(d) of the National
See 84 FR 41717 (August 15, 2019).
Technology Transfer and Advancement
43 Association of Irritated Residents v. U.S.
Act of 1995 (15 U.S.C. 272 note) because
Environmental Protection Agency, No. 19–71223
(9th Cir. Aug. 26, 2021).
application of those requirements would
lotter on DSK11XQN23PROD with RULES1
TABLE 1—TRANSPORTATION CONFORMITY BUDGETS FOR 2020 FOR
THE 2008 OZONE NAAQS IN THE
WEST MOJAVE DESERT
[Average summer weekday, tpd] a
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16:20 Sep 24, 2021
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Frm 00043
Fmt 4700
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53227
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
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 November 26,
2021. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
E:\FR\FM\27SER1.SGM
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53228
Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
Dated: September 18, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends chapter I,
title 40 of the Code of Federal
Regulations 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)(514) introductory
text and adding paragraphs
(c)(514)(ii)(A)(9) and (c)(563) to read as
follows:
■
§ 52.220
Identification of plan—in part.
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
(c) * * *
(514) The following plan was
submitted on December 11, 2018, by the
Governor’s designee as an attachment to
a letter dated December 5, 2018.
*
*
*
*
*
(ii) * * *
(A) * * *
(9) 2018 Updates to the California
State Implementation Plan, adopted on
October 25, 2018, chapter VI (‘‘SIP
Elements for the Western Mojave
Desert’’), and pages A–19 through A–22
of Appendix A (‘‘Nonattainment Area
Inventories’’).
*
*
*
*
*
(563) The following plan was
submitted on June 2, 2017 by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials. (A)
California Air Resources Board
(1) CARB Review of the Mojave Desert
AQMD and Antelope Valley AQMD
Federal 75 ppb Ozone Attainment Plans
for the Western Mojave Desert
Nonattainment Area, released April 21,
2017.
(2) [Reserved]
(B) Antelope Valley Air Quality
Management District.
(1) AVAQMD Federal 75 ppb Ozone
Attainment Plan (Western Mojave
Desert Nonattainment Area), adopted on
March 21, 2017, except the following
portions: Chapter 2—Emission
Inventories; ‘‘Reasonable Further
Progress Requirements,’’ including
Table 3 (pages 18–20); ‘‘Conformity
Budgets’’ (page 21); ‘‘Transportation
Conformity,’’ including Table 4 (pages
21–23); Appendix A—Base Year
VerDate Sep<11>2014
16:20 Sep 24, 2021
Jkt 253001
Emission Inventory; and Appendix B—
Future Year Emission Inventories.
(2) [Reserved]
(C) Mojave Desert Air Quality
Management District
(1) MDAQMD Federal 75 ppb Ozone
Attainment Plan (Western Mojave
Desert Nonattainment Area), adopted on
February 27, 2017, except the following
portions: Chapter 2—Emission
Inventories; ‘‘Reasonable Further
Progress Requirements,’’ including
Table 3 (pages 20–22); ‘‘Conformity
Budgets’’ (page 23); ‘‘Transportation
Conformity,’’ including Table 4 (pages
23–25); Appendix A—Base Year
Emission Inventory; and Appendix B—
Future Year Emission Inventories.
(2) [Reserved]
*
*
*
*
*
DEPARTMENT OF TRANSPORTATION
3. Section 52.244 is amended by
adding paragraph (a)(13) to read as
follows:
National Oceanic and Atmospheric
Administration
■
§ 52.244
Motor vehicle emissions budgets.
(a) * * *
(13) West Mojave Desert, approved
October 27, 2021.
*
*
*
*
*
[FR Doc. 2021–20618 Filed 9–24–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Federal Motor Carrier Safety
Administration
49 CFR Part 371
Brokers of Property
CFR Correction
In Title 49 of the Code of Federal
Regulations, Transportation, Parts 300
to 399, revised as of October 1, 2020, on
page 78, in section 371.111, the word
‘‘paper’’ is removed from the first
sentence.
■
[FR Doc. 2021–21058 Filed 9–24–21; 8:45 am]
BILLING CODE 0099–10–P
DEPARTMENT OF COMMERCE
50 CFR Part 679
Fisheries of the Exclusive Economic
Zone Off Alaska
CFR Correction
In title 50 of the Code of Federal
Regulations, Part 660 to end, revised as
of October 1, 2020, on page 702, in
section 679.22, the paragraph heading
for paragraph (a)(7)(i) is reinstated to
read as follows:
■
§ 679.22
Closures.
(a) * * *
(7) * * *
(i) Bogoslof area—
*
*
*
*
*
Public Health Service
42 CFR Part 84
Approval of Respiratory Protective
Devices
[FR Doc. 2021–21060 Filed 9–24–21; 8:45 am]
BILLING CODE 0099–10–P
CFR Correction
DEPARTMENT OF COMMERCE
In Title 42 of the Code of Federal
Regulations, Public Health, Parts 1 to
399, revised as of October 1, 2020,
‘‘Appendix A to Part 84—Annual
(Fixed) Respirator Certification Fees’’,
and ‘‘Appendix B to Part 84—
Application-Based Respirator
Certification Fees’’, published on pages
690 through 696, in Title 42 of the Code
of Federal Regulations, Public Health,
Parts 1 to 399, revised as of October 1,
2019, are reinstated.
National Oceanic and Atmospheric
Administration
■
[FR Doc. 2021–21061 Filed 9–24–21; 8:45 am]
BILLING CODE 0099–10–P
PO 00000
50 CFR Part 679
Fisheries of the Exclusive Economic
Zone Off Alaska
CFR Correction
In title 50 of the Code of Federal
Regulations, Part 660 to end, revised as
of October 1, 2020, on page 637, in
section 679.7, paragraph (a)(13)(ii)(A) is
reinstated to read as follows:
■
§ 679.7
Closures
(a) * * *
(13) * * *
(ii) * * *
Frm 00044
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27SER1
]]>Agencies
[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53223-53228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20618]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0254; FRL-8727-02-R9]
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area
Requirements; West Mojave Desert, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of state implementation plan (SIP) revisions
submitted by the State of California to meet Clean Air Act (CAA or
``Act'') requirements for the 2008 8-hour ozone national ambient air
quality standards (NAAQS or ``standards'') in the Los Angeles-San
Bernardino Counties (West Mojave Desert), California ozone
nonattainment area (``West Mojave Desert'' or WMD). The SIP revisions
address the ``Severe-15'' nonattainment area requirements for the 2008
ozone NAAQS, including the requirements for emissions inventories,
attainment demonstration, reasonable further progress, reasonably
available control measures, and contingency measures, among others; and
establishes motor vehicle emissions budgets. The EPA is approving the
SIP revisions as meeting all the applicable ozone nonattainment area
requirements, except for the contingency measures requirement, for
which the EPA is deferring action.
DATES: This rule is effective on October 27, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0254. 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. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), 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.
I. Summary of the Proposed Action
On May 10, 2021, the EPA proposed to approve, under CAA section
110(k)(3), and to conditionally approve, under CAA section 110(k)(4),
two SIP submittals from the California Air Resources Board (CARB)
addressing planning obligations for the West Mojave Desert \1\ as a
Severe-15 nonattainment area for the 2008 ozone NAAQS.\2\ The first,
submitted June 2, 2017, includes attainment plans prepared by the
Antelope Valley Air Quality Management District (AVAQMD) and the Mojave
Desert Air Quality Management District (MDAQMD) (collectively,
``Districts''), an accompanying staff report prepared by CARB (``CARB
Staff Report''), and other supporting documents.\3\ We refer to all the
documents submitted to the EPA on June 2, 2017, as the ``2016 WMD
Attainment Plan.''
---------------------------------------------------------------------------
\1\ 86 FR 24809 (May 10, 2021). The West Mojave Desert consists
of the northeast portion of Los Angeles County and the southwest
portion of San Bernardino County. For a precise definition of the
boundaries of the West Mojave Desert 2008 ozone nonattainment area,
see 40 CFR 81.305.
\2\ In accordance with CAA section 181(a)(1), 40 CFR 51.1102 and
51.1103(a), nonattainment areas classified as Severe-15 must attain
the NAAQS within 15 years of the effective date of the nonattainment
designation.
\3\ ``AVAQMD Federal 75 ppb Ozone Attainment Plan (Western
Mojave Desert Nonattainment Area),'' adopted on March 21, 2017,
``MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave Desert
Nonattainment Area),'' adopted on February 27, 2017, and ``CARB
Review of the Mojave Desert AQMD and Antelope Valley AQMD Federal 75
ppb Ozone Attainment Plans for the Western Mojave Desert
Nonattainment Area,'' released April 21, 2017.
---------------------------------------------------------------------------
The second submittal, sent on December 11, 2018, is the ``2018
Updates to the California State Implementation Plan'' (``2018 SIP
Update'').\4\ CARB adopted the 2018 SIP Update on October 25, 2018.
CARB developed the 2018 SIP Update in response to the court's decision
in South Coast II \5\ vacating the 2008 Ozone SIP Requirements Rule
(``2008 Ozone SRR'') \6\ with respect to the use of an alternate
baseline year for demonstrating reasonable further progress (RFP), and
to address contingency measure requirements in the wake of the decision
by the Ninth Circuit Court of Appeals in Bahr v. EPA (``Bahr'').\7\ The
2018 SIP Update includes updates for eight different California ozone
nonattainment areas. We have previously approved portions of the 2018
SIP Update related to other nonattainment areas.\8\ For the West Mojave
Desert, the 2018 SIP Update includes an RFP demonstration using the
required 2011 baseline year and revised motor vehicle emission budgets
for the 2008 ozone NAAQS.\9\
---------------------------------------------------------------------------
\4\ Letter dated December 5, 2018, from Richard Corey, Executive
Officer, CARB, to Mike Stoker, Regional Administrator, EPA Region
IX, and electronically transmitted to the EPA's State Planning
Electronic Collaboration System on December 11, 2018.
\5\ South Coast Air Quality Management District v. EPA, 882 F.3d
1138 (D.C. Cir. 2018). The term ``South Coast II'' is used in
reference to the 2018 court decision to distinguish it from a
decision published in 2006 also referred to as ``South Coast.'' The
earlier decision involved a challenge to the EPA's Phase 1
implementation rule for the 1997 ozone NAAQS. South Coast Air
Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir. 2006).
\6\ 2008 Ozone SRR, 80 FR 12264, 12283 (March 6, 2015).
\7\ Bahr v. EPA, 836 F.3d 1218 (9th Cir. 2016). In this case,
the court rejected the EPA's longstanding interpretation of CAA
section 172(c)(9) as allowing for early implementation of
contingency measures. The court concluded that a contingency measure
must take effect at the time the area fails to make RFP or attain by
the applicable attainment date, not before. See also Sierra Club v.
EPA, 985 F.3d 1055 (D.C. Cir. 2021), reaching a similar decision.
These cases are addressed below in Section III.G of this document.
\8\ See, e.g., 84 FR 11198 (March 25, 2019) (final approval of
the San Joaquin Valley portion of the 2018 SIP Update) and 84 FR
52005 (October 1, 2019) (final approval of the South Coast portion
of the 2018 SIP Update).
\9\ CARB withdrew the 2016 WMD Attainment Plan RFP demonstration
in a letter dated December 18, 2019, from Richard Corey, Executive
Officer, CARB, to Michael Stoker, Regional Administrator, EPA Region
IX.
---------------------------------------------------------------------------
In our proposed rule, we provided background information on the
ozone standards,\10\ area designations, and
[[Page 53224]]
related SIP revision requirements under the CAA and the EPA's
implementing regulations for the 2008 ozone standards, referred to as
the 2008 Ozone SRR. To summarize, the West Mojave Desert is classified
as Severe-15 for the 2008 ozone NAAQS, and CARB's submittals were
developed to address the statutory and regulatory requirements for
revisions to the SIP for the West Mojave Desert Severe-15 ozone
nonattainment area.
---------------------------------------------------------------------------
\10\ The 1-hour ozone NAAQS is 0.12 parts per million (ppm)
(one-hour average), the 1997 ozone NAAQS is 0.08 ppm (eight-hour
average), and the 2008 ozone NAAQS is 0.075 ppm (eight-hour
average).
---------------------------------------------------------------------------
Under the 2008 Ozone SRR, areas classified as Severe-15 for the
2008 ozone NAAQS must demonstrate attainment within 15 years of the
effective date of the nonattainment designation, July 20, 2027, and
states must implement all control measures needed for attainment no
later than the beginning of the attainment year ozone season.\11\ The
attainment year ozone season is defined as the ozone season immediately
preceding a nonattainment area's outermost attainment date, or 2026.
---------------------------------------------------------------------------
\11\ 80 FR 12264 (March 6, 2015).
---------------------------------------------------------------------------
Our proposed conditional approval of the contingency measures
element of the 2016 WMD Attainment Plan relied on specific commitments:
(1) The MDAQMD would submit a board resolution further detailing the
circumstances, timing, and procedure for implementing this contingency
measure, within 11 months of the EPA's final conditional approval of
the contingency measures element of the 2016 WMD Attainment Plan,\12\
and (2) CARB would submit the adopted board resolution to the EPA as a
SIP revision within 12 months of the EPA's final action.\13\ For more
information on these SIP submittals and related commitments, please see
our proposed rule.
---------------------------------------------------------------------------
\12\ Letter dated March 29, 2021, from Brad Poiriez, Executive
Officer, MDAQMD, to Richard Corey, Executive Officer, CARB.
\13\ Letter dated April 9, 2021, from Michael Benjamin, Chief,
Air Quality Planning and Science Division, CARB, to Deborah Jordan,
Acting Regional Administrator, EPA Region IX. CARB's letter also
forwarded the MDAQMD's commitment letter to the EPA. The MDAQMD's
letter is dated March 29, 2021, from Brad Poiriez, Executive
Officer, MDAQMD, to Richard Corey, CARB Executive Officer.
---------------------------------------------------------------------------
In our proposed rule, we reviewed the various SIP elements
contained in CARB's submittals, evaluated them for compliance with
statutory and regulatory requirements, and concluded that they meet all
applicable requirements, except for the contingency measure
requirement, for which the EPA proposed conditional approval. More
specifically, in our proposed rule, we based our proposed actions on
the following determinations:
CARB and the Districts met all applicable procedural
requirements for public notice and hearing prior to the adoption and
submittal of the 2016 WMD Attainment Plan and the 2018 SIP Update; \14\
---------------------------------------------------------------------------
\14\ 86 FR 24809, 24812.
---------------------------------------------------------------------------
The 2012 base year emissions inventory from the 2016 WMD
Attainment Plan is comprehensive, accurate, and current, and therefore
meets the requirements of CAA sections 172(c)(3) and 182(a)(1) and 40
CFR 51.1115. Additionally, the future year baseline projections reflect
appropriate calculation methods and the latest planning assumptions and
are properly supported by the SIP-approved stationary and mobile source
measures; \15\
---------------------------------------------------------------------------
\15\ Id. at 24812-24814 and 24816-24819.
---------------------------------------------------------------------------
The emissions statement element of the 2016 WMD Attainment
Plan meets the requirements for emissions statements under CAA section
182(a)(3)(B) and 40 CFR 51.1102 for the 2008 ozone NAAQS; \16\
---------------------------------------------------------------------------
\16\ Id. at 24814-24815.
---------------------------------------------------------------------------
The process followed by the Districts to identify
reasonably available control measures (RACM) is generally consistent
with the EPA's recommendations; the Districts' rules provide for the
implementation of RACM for stationary and area sources of oxides of
nitrogen (NOX) and volatile organic compounds (VOC); \17\
CARB and the Districts provide for the implementation of RACM for
mobile sources of NOX and VOC; there are no additional RACM
that would advance attainment of the 2008 ozone NAAQS in the West
Mojave Desert by at least one year; and therefore, the 2016 WMD
Attainment Plan provides for the implementation of all RACM as required
by CAA section 172(c)(1) and 40 CFR 51.1112(c); \18\
---------------------------------------------------------------------------
\17\ Ground-level ozone pollution is formed from the reaction of
VOC and NOX in the presence of sunlight. CARB refers to
reactive organic gases (ROG) in some of its ozone-related
submittals. The CAA and the EPA's regulations refer to VOC, rather
than ROG, but both terms cover essentially the same set of gases.
\18\ 86 FR 24809, 24815-24816.
---------------------------------------------------------------------------
The photochemical modeling in the 2016 WMD Attainment Plan
shows that existing CARB and District control measures are sufficient
to attain the 2008 ozone NAAQS by the applicable attainment date, July
20 2027; given the documentation in the 2016 WMD Attainment Plan of
modeling procedures and good model performance, the modeling is
adequate to support the attainment demonstration; and therefore the
2016 WMD Attainment Plan meets the attainment demonstration
requirements of CAA section 182(c)(2)(A) and 40 CFR 51.1108; \19\
---------------------------------------------------------------------------
\19\ Id. at 24816-24819.
---------------------------------------------------------------------------
The RFP demonstration in the 2018 SIP Update provides for
emissions reductions of VOC or NOX of at least 3 percent per
year on average for each three-year period, beginning 6 years after the
baseline year until the attainment date, and thereby meets the
requirements of CAA sections 172(c)(2) and 182(c)(2)(B) and 40 CFR
51.1110(a)(2)(ii); \20\
---------------------------------------------------------------------------
\20\ Id. at 24819-24821.
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The vehicle miles traveled (VMT) emissions offset
demonstration shows that CARB and the Southern California Association
of Governments have adopted sufficient transportation control
strategies and transportation control measures to offset the growth in
emissions from growth in VMT and vehicle trips in the West Mojave
Desert, and thereby complies with the VMT emissions offset requirement
in CAA section 182(d)(1)(A) and 40 CFR 51.1102 for the 2008 ozone
NAAQS; \21\
---------------------------------------------------------------------------
\21\ Id. at 24821-24823.
---------------------------------------------------------------------------
The motor vehicle emissions budgets in the 2018 SIP Update
are consistent with the RFP demonstration, are clearly identified and
precisely quantified, and meet all other applicable statutory and
regulatory requirements in 40 CFR 93.118(e), including the adequacy
criteria in 40 CFR 93.118(e)(4) and (5); \22\ and
---------------------------------------------------------------------------
\22\ Id. at 24825-24827. In light of CARB's request to limit the
duration of the approval of the budgets in the 2018 SIP Update and
in anticipation of the EPA's approval, in the near term, of an
updated version of CARB's EMFAC (short for EMission FACtor) model
for use in SIP development and transportation conformity in
California to include updated vehicle mix and emissions data, we
proposed to limit the duration of our approval of the budgets until
replacement budgets have been found adequate. See id. at 24827.
---------------------------------------------------------------------------
Through previous EPA approvals of California's vehicle
inspection and maintenance (I/M) program, the 1994 ``Opt-Out Program''
SIP revision, the 1993 Photochemical Assessment Monitoring Station SIP
revision, and the 2020 annual monitoring network plan for the West
Mojave Desert, the 2016 WMD Attainment Plan adequately addresses, for
the 2008 ozone NAAQS, the enhanced I/M requirements in CAA section
182(c)(3) and 40 CFR 51.1102; the clean fuels fleet program in CAA
sections 182(c)(4) and 246 and 40 CFR 51.1102; and the enhanced ambient
air monitoring requirements in CAA section 182(c)(1) and 40 CFR
51.1102.\23\
---------------------------------------------------------------------------
\23\ Id. at 24827-24828.
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[[Page 53225]]
For the enhanced I/M element, the proposed rule notes that an
enhanced I/M program is currently implemented in a portion of the West
Mojave Desert.\24\ As summarized above, the proposed rule identifies
this program as a required element for the area under CAA section
182(c)(3). On review, however, we have confirmed that the West Mojave
Desert does not meet the population threshold in CAA section
182(c)(3),\25\ and therefore is not subject to the enhanced I/M
requirement for the 2008 ozone NAAQS. The State of California has
elected to implement an enhanced I/M vehicle program in portions of the
West Mojave Desert as part of the ozone control strategy for the area.
We most recently approved California's I/M program in 2010.\26\
---------------------------------------------------------------------------
\24\ Id. at 24827.
\25\ 40 CFR 51.350(a)(2) (requiring enhanced I/M in any 1990
Census-defined urbanized area within an ozone nonattainment area
classified as Serious or above with a 1980 Census-defined urbanized
area with a population of 200,000 or more).
\26\ 75 FR 38023 (July 1, 2010). See also related notice of
proposed rulemaking at 74 FR 41818 (August 19, 2009).
---------------------------------------------------------------------------
In light of the Bahr decision, the MDAQMD \27\ and CARB \28\
committed to supplement the contingency measure element through
submission, as a SIP revision (within one year of our final conditional
approval action), of a board resolution further detailing the
circumstances, timing, and procedures for implementing I/M in the
portion of the West Mojave Desert not subject to enhanced I/M,\29\ if
an RFP milestone is not met or if the area fails to attain the 2008
ozone NAAQS by the applicable attainment date.\30\ The EPA proposed to
conditionally approve the contingency measure element as meeting the
requirements of CAA sections 172(c)(9) and 182(c)(9). Please see our
proposed rule for more information concerning the background for this
action and for a more detailed discussion of the rationale for approval
or conditional approval of the above-listed elements of CARB's
submittals.
---------------------------------------------------------------------------
\27\ Letter dated March 29, 2021, from Brad Poiriez, Executive
Officer, MDAQMD, to Richard Corey, CARB Executive Officer.
\28\ Letter dated April 9, 2021, from Michael Benjamin, Chief,
Air Quality Planning and Science Division, CARB, to Deborah Jordan,
Acting Regional Administrator, EPA Region IX. CARB's letter also
forwarded the MDAQMD's commitment letter to the EPA.
\29\ As described in the proposed rule, enhanced I/M is
implemented in the West Mojave Desert in all of the area under the
jurisdiction of the AVAQMD and in a portion of the area under the
jurisdiction of the MDAQMD.
\30\ 86 FR 24809, 24823-24825.
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The public comment period on the proposed rule opened on May 10,
2021, the date of its publication in the Federal Register, and closed
on June 9, 2021. During this period, the EPA received two comment
letters, one submitted by an individual and one submitted by the
Colorado River Indian Tribes (CRIT or ``Tribes''). We address the
comments in the following paragraphs of this final rule.
Comment #1: CRIT objected to language in the proposal stating that
``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,'' and that the proposed action therefore ``does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law'' in these areas.
CRIT argued that this analysis takes an overly narrow view of tribal
interests, noting that the Tribes' ancestral homelands extend far
beyond the boundaries of the Tribes' reservation, and that these areas
have substantial cultural, spiritual, and religious significance for
the Tribes. For this reason, CRIT stated, they have an interest in
ensuring that air quality impacts in the West Mojave Desert are
adequately considered and mitigated, even where they lack jurisdiction.
CRIT observed that the EPA has a responsibility to consult on a
government-to-government basis with federally recognized tribal
governments when EPA actions and decisions may affect tribal interests,
based on Executive Order 13175 and the EPA Region IX draft tribal
consultation guidelines,\31\ and stated that this responsibility is not
limited to actions on lands where tribes have jurisdiction.\32\ CRIT
requested a 15-day extension to review the proposal and provide
comments, because they were not provided notice of the proposal and
were not aware of any formal consultation occuring between the EPA and
tribes located within the West Mojave Desert.
---------------------------------------------------------------------------
\31\ EPA Region IX, ``EPA Tribal Consultation Best Practices for
Air and Radiation Division Regulatory Actions (Draft),'' September
2020 (``Draft Consultation Best Practices'').
\32\ CRIT also cites California state authorities governing
state tribal consultation procedures and indicates that it sent its
comments to CARB.
---------------------------------------------------------------------------
Response to Comment #1: As indicated in the EPA Region IX tribal
consultation document cited by the commenter, for proposed Planning
Office actions on SIP submittals that do not affect the designation or
classification of a nonattainment area (e.g., attainment plans), our
general practice is to provide notification to tribes located within
the applicable nonattainment area, and to consult with tribes if
requested.\33\ We recognize that EPA actions may also be of interest to
tribes with jurisdictional lands located outside of the nonattainment
area. For this reason, going forward, we intend to provide notification
of these SIP actions to tribes that have expressed interest in EPA
rulemaking within the area, in addition to tribes with jurisdictional
lands located within the area. Consistent with this approach, we will
include CRIT on future notifications for planning actions related to
the West Mojave Desert nonattainment area.
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\33\ Draft Consultation Best Practices at 6. The EPA issued a
final version of this document on August 22, 2021. See EPA Region
IX, ``EPA Tribal Consultation Best Practices for Air and Radiation
Division Regulatory Actions,'' August 22, 2021.
---------------------------------------------------------------------------
On June 17, 2021, the EPA sent a letter inviting CRIT to discuss
this proposed action and any concerns the Tribes might have, and to
offer CRIT the chance to provide additional input on the action by July
2, 2021, consistent with our practices for tribal consultation and
involvement.\34\ CRIT did not request additional discussions with the
EPA or provide any additional input on this proposed action.
---------------------------------------------------------------------------
\34\ Letter dated June 17, 2021, from Elizabeth J. Adams,
Director, Air and Radiation Division, EPA Region IX, to Amelia
Flores, Chairperson, Colorado River Indian Tribes.
---------------------------------------------------------------------------
Comment #2: CRIT commented that the EPA's analysis does not address
whether CARB's control measures for off-road mobile sources will reduce
overall use of those sources. CRIT explained that the Tribes have been
involved in other regional planning efforts regarding off-road vehicles
in the West Mojave Desert, and are concerned about the impact of off-
road vehicle use on cultural resources and the potential for removal of
artifacts.
Response to Comment #2: Off-road mobile sources include trains,
aircraft, off-road equipment (e.g., construction and mining vehicles)
and off-road recreational vehicles (e.g., off-road motorcycles and all-
terrain vehicles). Within the off-road mobile source category, off-road
recreational vehicles constitute a relatively small portion of the
overall inventory.\35\ To the extent
[[Page 53226]]
that on-road vehicles travel off-road, these emissions would be
captured within the on-road category. Federal and CARB regulations do
not generally rely on operational limits to achieve emission
reductions. For example, one State measure approved into the California
SIP rule restricts off-road vehicles that do not meet current emission
standards (e.g., older off-road vehicles) from operating in ozone
nonattainment areas during periods when the area may not attain the
ozone standards (e.g., summer months) but does not limit the operation
of compliant off-road vehicles.\36\ Another State rule approved into
the SIP limits evaporative emission of fuel for off-road vehicles.\37\
As related to attainment of the 2008 ozone NAAQS, California measures
related to off-road vehicles generally ensure that emissions of ozone
precursors from this source category are controlled within the
nonattainment area, but do not restrict or reduce overall usage of off-
road engines meeting current emissions standards. We recognize the
concerns expressed by CRIT related to the impacts of off-road vehicle
usage on cultural resources and artifacts. The Bureau of Land
Management and the National Park Service, within the U.S. Department of
the Interior, oversee off-road vehicle use in the eastern portion of
the West Mojave Desert and may have additional information regarding
use of off-road vehicles in the West Mojave Desert and potential
impacts to cultural resources.
---------------------------------------------------------------------------
\35\ Emissions from off-road recreational vehicles are estimated
at 0.034 tons per day (tpd) of NOX in the 2012 baseline
year (0.1 percent of total off-road emissions), and 0.05 tpd in the
2026 attainment year (0.3 percent of total off-road emissions). In
contrast, emissions from trains are estimated at more than 28 tpd of
NOX in 2012 (87 percent of total off-road emissions) and
12.5 tpd in 2026 (80 percent of total off-road emissions). Values
for 2012 are from the CARB Staff Report, Appendix A-2, and values
from 2018 SIP Update.
\36\ California Health and Safety Code Title 13, Division 3,
Chapter 9, Article 3, Section 2413, was approved as a Clean Air Act
waiver measure, 79 FR 6584 (February 4, 2014), and as a revision to
the California SIP, 81 FR 39424 (June 16, 2016).
\37\ California Health and Safety Code Title 13, Division 3,
Chapter 9, Article 3, Section 2412, was approved as a Clean Air Act
waiver measure, 79 FR 6584 (February 4, 2014), and as a revision to
the California SIP, 81 FR 39424 (June 16, 2016).
---------------------------------------------------------------------------
Comment #3: Both commenters suggested that the 2016 WMD Attainment
Plan should be revised to demonstrate attainment of the 2015 ozone
NAAQS (0.070 ppm), rather than the 2008 ozone NAAQS (0.075 ppm),
arguing that it would be more efficient to address the more recent
standards as part of this SIP revision. The individual commenter stated
that the EPA's failure to require this revision could be challenged as
arbitrary and capricious under the Administrative Procedure Act.
Response to Comment #3: The EPA agrees with the commenters
regarding the importance of the West Mojave Desert timely addressing
and attaining the 2015 ozone NAAQS. Nonetheless, the 2008 ozone NAAQS
remain in effect for all areas, and the Western Mojave Desert remains
subject to planning obligations for these standards, in addition to its
new and overlapping obligations for the more stringent 2015 ozone
NAAQS. Therefore, we disagree that the State must revise the 2016 WMD
Attainment Plan to address the 2015 ozone NAAQS.
As described in the proposed rule, under CAA section 109, the EPA
promulgates primary and secondary NAAQS for pervasive air pollutants
such as ozone, and periodically reviews these NAAQS to determine
whether to revise them or to establish new standards.\38\ Under CAA
section 110, states with nonattainment areas must submit SIP revisions
to attain these NAAQS, and to meet other requirements based on
nonattainment classification. When EPA revises a NAAQS to lower the
level of the standard, the previous NAAQS remain in effect until
revoked; after a NAAQS is revoked, areas designated nonattainment for
that NAAQS remain subject to continuing applicable requirements as
``anti-backsliding'' obligations.\39\
---------------------------------------------------------------------------
\38\ See 88 FR at 24810.
\39\ See, e.g., 40 CFR 51.1105 (anti-backsliding obligations for
1-hour and 1997 ozone NAAQS).
---------------------------------------------------------------------------
The proposed rule describes the requirements for the 2008 ozone
NAAQS, and how the 2016 WMD Attainment Plan satisfies the obligations
of the West Mojave Desert as a Severe-15 nonattainment area for this
standard, including the obligation to demonstrate attainment of the
2008 NAAQS by no later than July 20, 2027. The EPA's subsequent
promulgation of the 2015 ozone NAAQS does not relieve the area from
these obligations for the 2008 ozone NAAQS. Similarly, the EPA's
approval of the 2016 WMD Attainment Plan does not relieve the area of
its obligations for the 2015 ozone NAAQS. For the 2015 ozone NAAQS,
California is required to submit a plan to address most elements for
the West Mojave Desert by August 3, 2022, and to demonstrate attainment
by no later than August 3, 2033.\40\ Our approval of the 2016 WMD
Attainment Plan will ensure that the attainment plan is federally
enforceable as a mechanism for attaining the 2008 ozone NAAQS.
Additionally, we anticipate that implementation of the West Mojave
Desert control strategy for the 2008 ozone NAAQS as described in the
2016 WMD Attainment Plan will aid in the area's attainment of the 2015
ozone NAAQS by ensuring that the area realizes consistent emissions
reductions while the State undertakes planning efforts for the more
stringent standards. The EPA will work with CARB and the Districts to
ensure that requirements applicable to the 2015 NAAQS are addressed in
a later submittal for the West Mojave Desert.
---------------------------------------------------------------------------
\40\ See 40 CFR 51.1303(a) and 51.1308(b). The EPA designated
the West Mojave Desert as nonattainment for the 2015 ozone NAAQS
effective August 3, 2018. 83 FR 25776 (June 4, 2018).
---------------------------------------------------------------------------
III. Final Action
No comments were submitted that change our assessment of CARB's
submittals as described in our proposed action. Therefore, for the
reasons discussed in detail in the proposed rule and summarized herein,
under CAA section 110(k)(3), the EPA is taking final action to approve
as a revision to the California SIP the following portions of the 2016
WMD Attainment Plan for the 2008 ozone NAAQS, submitted by CARB on June
2, 2017, and the 2018 SIP Update, submitted on December 11, 2018:
Base year emissions inventory element in the 2016 WMD
Attainment Plan as meeting the requirements of CAA sections 172(c)(3)
and 182(a)(1) and 40 CFR 51.1115;
Emissions statement element in the 2016 WMD Attainment
Plan as meeting the requirements of CAA section 182(a)(3)(B) and 40 CFR
51.1102;
RACM demonstration element in the 2016 WMD Attainment
Plan, as meeting the requirements of CAA section 172(c)(1) and 40 CFR
51.1112(c);
Attainment demonstration element in the 2016 WMD
Attainment Plan as meeting the requirements of CAA section 182(c)(2)(A)
and 40 CFR 51.1108;
RFP demonstration element in the 2018 SIP Update as
meeting the requirements of CAA sections 172(c)(2), 182(b)(1), and
182(c)(2)(B), and 40 CFR 51.1110(a)(2)(ii);
VMT emissions offset demonstration element in the 2016 WMD
Attainment Plan as meeting the requirements of CAA section 182(d)(1)(A)
and 40 CFR 51.1102; and
Motor vehicle emissions budgets in the 2018 SIP Update for
the 2020 and 2023 RFP milestone year and the 2026 attainment year
because they are consistent with the RFP and attainment demonstrations
approved herein and meet the other criteria in 40 CFR 93.118(e).
[[Page 53227]]
Table 1--Transportation Conformity Budgets for 2020 for the 2008 Ozone
NAAQS in the West Mojave Desert
[Average summer weekday, tpd] a
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2020.......................................... 3.7 8.4
2023.......................................... 3.3 4.6
2026.......................................... 3.0 4.2
------------------------------------------------------------------------
\a\ Source: Table VI-3 from the 2018 SIP Update.
We are also taking final action to find that the:
2020 budgets from the 2018 SIP Update (Table 1) are
adequate for transportation conformity purposes; \41\
---------------------------------------------------------------------------
\41\ Pursuant to 40 CFR 93.118(f)(2)(iii), the EPA's adequacy
determination is effective upon publication of this final rule in
the Federal Register.
---------------------------------------------------------------------------
Clean fuels fleet program element in the 2016 WMD
Attainment Plan meets the requirements of CAA sections 182(c)(4)(A) and
246 and 40 CFR 51.1102 for the 2008 ozone NAAQS; and
Enhanced monitoring element in the 2016 WMD Attainment
Plan meets the requirements of CAA section 182(c)(1) and 40 CFR 51.1102
for the 2008 ozone NAAQS.
With respect to the budgets, we are taking final action to limit
the duration of our approval to last only until the effective date of
the EPA's adequacy finding for any subsequently submitted budgets. We
are doing so at CARB's request and in light of the benefits of using
EMFAC2017-derived budgets \42\ prior to our taking final action on the
future SIP revision that includes the updated budgets.
---------------------------------------------------------------------------
\42\ On August 15, 2019, the EPA approved and announced the
availability of EMFAC2017, the latest update to the EMFAC model for
use by state and local governments to meet CAA requirements. See 84
FR 41717 (August 15, 2019).
---------------------------------------------------------------------------
As described above, the proposed rule also proposed to
conditionally approve, under CAA section 110(k)(4), the contingency
measure element of the 2016 WMD Attainment Plan as meeting the
requirements of CAA sections 172(c)(9) and 182(c)(9) for RFP and
attainment contingency measures. Following publication of the proposed
rule, the Ninth Circuit Court of Appeals issued a decision in
Association of Irritated Residents v. U.S. Environmental Protection
Agency, which remanded the EPA's conditional approval of contingency
measures for another California nonattainment area.\43\ Based on this
decision, we are deferring final action on the contingency measure
element.
---------------------------------------------------------------------------
\43\ Association of Irritated Residents v. U.S. Environmental
Protection Agency, No. 19-71223 (9th Cir. Aug. 26, 2021).
---------------------------------------------------------------------------
Finally, we are amending the regulatory text at 40 CFR
52.220(c)(514) to identify the submittal date for the 2018 SIP Update
as December 11, 2018, the date that the submittal was electronically
received through the State Planning Electronic Collaboration System.
The current regulatory text identifies the submittal date as December
5, 2018, which is the date of the CARB cover letter accompanying the
submittal.
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 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 November 26, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 53228]]
Dated: September 18, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations 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)(514)
introductory text and adding paragraphs (c)(514)(ii)(A)(9) and (c)(563)
to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(514) The following plan was submitted on December 11, 2018, by the
Governor's designee as an attachment to a letter dated December 5,
2018.
* * * * *
(ii) * * *
(A) * * *
(9) 2018 Updates to the California State Implementation Plan,
adopted on October 25, 2018, chapter VI (``SIP Elements for the Western
Mojave Desert''), and pages A-19 through A-22 of Appendix A
(``Nonattainment Area Inventories'').
* * * * *
(563) The following plan was submitted on June 2, 2017 by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board
(1) CARB Review of the Mojave Desert AQMD and Antelope Valley AQMD
Federal 75 ppb Ozone Attainment Plans for the Western Mojave Desert
Nonattainment Area, released April 21, 2017.
(2) [Reserved]
(B) Antelope Valley Air Quality Management District.
(1) AVAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave
Desert Nonattainment Area), adopted on March 21, 2017, except the
following portions: Chapter 2--Emission Inventories; ``Reasonable
Further Progress Requirements,'' including Table 3 (pages 18-20);
``Conformity Budgets'' (page 21); ``Transportation Conformity,''
including Table 4 (pages 21-23); Appendix A--Base Year Emission
Inventory; and Appendix B--Future Year Emission Inventories.
(2) [Reserved]
(C) Mojave Desert Air Quality Management District
(1) MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave
Desert Nonattainment Area), adopted on February 27, 2017, except the
following portions: Chapter 2--Emission Inventories; ``Reasonable
Further Progress Requirements,'' including Table 3 (pages 20-22);
``Conformity Budgets'' (page 23); ``Transportation Conformity,''
including Table 4 (pages 23-25); Appendix A--Base Year Emission
Inventory; and Appendix B--Future Year Emission Inventories.
(2) [Reserved]
* * * * *
0
3. Section 52.244 is amended by adding paragraph (a)(13) to read as
follows:
Sec. 52.244 Motor vehicle emissions budgets.
(a) * * *
(13) West Mojave Desert, approved October 27, 2021.
* * * * *
[FR Doc. 2021-20618 Filed 9-24-21; 8:45 am]
BILLING CODE 6560-50-P
