Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; West Mojave Desert, California, 57586-57587 [2021-22165]
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Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
clarified that both increases and
decreases in emissions resulting from a
proposed project can be considered in
Step 1 of the NSR major modification
applicability test.3
On January 22, 2021, following
promulgation of the final rule, the EPA
Administrator received a petition for
reconsideration of the final rule
pursuant to CAA section 307(d)(7)(B).
The petition for reconsideration was
filed by EDF, NRDC, EIP, the Sierra
Club, and the Adirondack Council. The
petition for reconsideration requests
that the EPA (1) stay the effectiveness of
the rule during reconsideration for 90
days; (2) conduct reconsideration
proceedings and withdraw the Project
Emissions Accounting rule within the
90-day stay period; and, (3) immediately
withdraw the March 2018
Memorandum. CAA section 307(d)(7)(B)
requires the EPA to convene a
proceeding for reconsideration of a rule
if a party raising an objection to the rule
‘‘can demonstrate to the Administrator
that it was impracticable to raise such
objection within [the public comment
period] or if the grounds for such
objection arose after the period for
public comment (but within the time
specified for judicial review) and if such
objection is of central relevance to the
outcome of the rule.’’ The EPA has
carefully reviewed the petition for
reconsideration and evaluated all issues
raised. The EPA has determined that
they do not meet the CAA section
307(d)(7)(B) criteria for mandatory
reconsideration, and has sent a letter to
the petitioner denying the petition for
reconsideration and request for
administrative stay of the Project
Emissions Accounting rule. The letter
articulates the rationale for the EPA’s
3 An existing major stationary source triggers
major NSR permitting requirements when it
undergoes a ‘‘major modification.’’ The EPA’s
implementing regulations for NSR establish a twostep process for determining major NSR
applicability for projects at stationary sources. To
be subject to major NSR requirements, the project
must result in both (1) a significant emissions
increase from the project (the determination of
which is called ‘‘Step 1’’ of the NSR applicability
analysis); and (2) a significant net emissions
increase at the stationary source, taking account of
emissions increases and emissions decreases
attributable to other projects undertaken at the
stationary source within a specific time frame
(called ‘‘Step 2’’ of the NSR applicability analysis,
or ‘‘contemporaneous netting’’). For this two-step
process, the NSR regulations define what emissions
rate constitutes ‘‘significant’’ for each NSR
regulated pollutant. See 40 CFR 52.21(a)(2)(iv)(a);
40 CFR 51.165(a)(1)(v); 40 CFR 51.166(b)(2)(i); 40
CFR part 51, appendix S, section II.A.5.(i).
VerDate Sep<11>2014
16:35 Oct 15, 2021
Jkt 256001
final response and is available in the
docket for this action.
Michael S. Regan,
Administrator.
[FR Doc. 2021–22611 Filed 10–15–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2020–0254; FRL–8727–03–
R9]
Clean Air Plans; 2008 8-Hour Ozone
Nonattainment Area Requirements;
West Mojave Desert, California
Environmental Protection
Agency (EPA).
ACTION: Correcting amendment.
AGENCY:
On September 27, 2021, the
Environmental Protection Agency (EPA)
issued a final rule titled ‘‘Clean Air
Plans; 2008 8-Hour Ozone
Nonattainment Area Requirements;
West Mojave Desert, California.’’ That
publication incorrectly listed the
transportation conformity budgets for
the West Mojave Desert Nonattainment
Area (West Mojave Desert) for the 2008
ozone NAAQS. Additionally, the
regulatory text in that publication
inadvertently included portions of the
State’s submittal addressing
contingency measures for failure to
attain or to make reasonable further
progress (RFP). This document corrects
these errors and amends the regulatory
text.
DATES: This rule will be effective on
November 17, 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
SUMMARY:
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
contact the person identified in the FOR
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: On
September 27, 2021, the EPA issued a
final rule titled ‘‘Clean Air Plans; 2008
8-Hour Ozone Nonattainment Area
Requirements; West Mojave Desert,
California.’’ 1 That publication
incorrectly listed the transportation
conformity budgets provided in Table
VI–3 of the ‘‘2018 Updates to the
California State Implementation Plan’’
(‘‘2018 SIP Update’’).2 The corrected
values for the transportation conformity
budgets are shown in Table 1 below.
FURTHER INFORMATION CONTACT
TABLE 1—TRANSPORTATION CONFORMITY BUDGETS FOR 2020, 2023
AND 2026 FOR THE 2008 OZONE
NAAQS IN THE WEST MOJAVE
DESERT
[Average summer weekday, tons per day] a
Budget year
2020 ......................................
2023 ......................................
2026 ......................................
VOC
7.9
6.8
6.2
NOX
17.6
11.0
10.2
a Source: Table VI–3 from the 2018 SIP
Update.
Other aspects of our final action
regarding transportation conformity
budgets are accurately described in the
final rule, and the correct numbers were
included in our May 10, 2021 proposed
rule for this action.3
Additionally, while the final rule
deferred action on the attainment plan’s
contingency measures for failure to
attain or to make RFP, the regulatory
text adopted by the final rule
inadvertently included portions of the
State’s submittals related to the
contingency measures element. This
action corrects the regulatory text at 40
CFR 52.220(c)(514)(ii)(A)(9) and 40 CFR
52.220(c)(563)(ii)(A)(1),
(c)(563)(ii)(B)(1), and (c)(563)(ii)(C)(1) to
specify that these portions of the
submittals are excluded from the EPA’s
approval.
The EPA has determined that this
action falls under the ‘‘good cause’’
exemption in section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
1 86
FR 53223.
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.
3 86 FR 24809.
2 Letter
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18OCR1
Federal Register / Vol. 86, No. 198 / Monday, October 18, 2021 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation where public notice
and comment procedures are
impracticable, unnecessary, or contrary
to the public interest. Public notice and
comment for this action are unnecessary
because the underlying rule for which
this correcting amendment has been
prepared was already subject to a 30-day
comment period, and this action merely
corrects an error in the rule text.
Further, this action is consistent with
the purpose and rationale of the final
rule, which is corrected herein. Because
this action does not change the EPA’s
analyses or overall actions, no purpose
would be served by additional public
notice and comment. Consequently,
additional public notice and comment
are unnecessary.
Statutory and Executive Order Reviews
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 not subject to the regulatory
flexibility provisions of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
• Is not subject to sections 202 and
205 of the Unfunded Mandates Reform
Act of 1995 (UMRA) (Pub. L. 104–4);
• Does not impose a significant
intergovernmental mandate or
significantly or uniquely affect small
governments, as described in sections
203 and 204 of the UMRA;
• 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
this error correction action does not
involve technical standards; and
• Does not involve special
consideration of environmental justice
related issues as required by Executive
Order 12898 (59 FR 7629, February 16,
1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
VerDate Sep<11>2014
16:35 Oct 15, 2021
Jkt 256001
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 (CRA)
(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 rule 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. This correction to 40 CFR part
52 for California is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(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.
Dated: October 5, 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 paragraphs (c)(514)(ii)(A)(9),
(c)(563)(ii)(A)(1), (c)(563)(ii)(B)(1), and
(c)(563)(ii)(C)(1) to read as follows:
■
§ 52.220
October 25, 2018, chapter VI (‘‘SIP
Elements for the Western Mojave
Desert’’), excluding section VI.D
(‘‘Contingency Measures’’); and pages
A–19 through A–22 of Appendix A
(‘‘Nonattainment Area Inventories’’).
*
*
*
*
*
(563) * * *
(ii) * * *
(A) * * *
(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, excluding section V.D
(‘‘Contingency Measures’’).
*
*
*
*
*
(B) * * *
(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; ‘‘Contingency Measures’’
(page 18); ‘‘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.
*
*
*
*
*
(C) * * *
(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; ‘‘Contingency Measures’’
(page 20); ‘‘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.
*
*
*
*
*
[FR Doc. 2021–22165 Filed 10–15–21; 8:45 am]
BILLING CODE 6560–50–P
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(514) * * *
(ii) * * *
(A) * * *
(9) 2018 Updates to the California
State Implementation Plan, adopted on
PO 00000
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57587
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]]>Agencies
[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57586-57587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22165]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0254; FRL-8727-03-R9]
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area
Requirements; West Mojave Desert, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On September 27, 2021, the Environmental Protection Agency
(EPA) issued a final rule titled ``Clean Air Plans; 2008 8-Hour Ozone
Nonattainment Area Requirements; West Mojave Desert, California.'' That
publication incorrectly listed the transportation conformity budgets
for the West Mojave Desert Nonattainment Area (West Mojave Desert) for
the 2008 ozone NAAQS. Additionally, the regulatory text in that
publication inadvertently included portions of the State's submittal
addressing contingency measures for failure to attain or to make
reasonable further progress (RFP). This document corrects these errors
and amends the regulatory text.
DATES: This rule will be effective on November 17, 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: On September 27, 2021, the EPA issued a
final rule titled ``Clean Air Plans; 2008 8-Hour Ozone Nonattainment
Area Requirements; West Mojave Desert, California.'' \1\ That
publication incorrectly listed the transportation conformity budgets
provided in Table VI-3 of the ``2018 Updates to the California State
Implementation Plan'' (``2018 SIP Update'').\2\ The corrected values
for the transportation conformity budgets are shown in Table 1 below.
---------------------------------------------------------------------------
\1\ 86 FR 53223.
\2\ 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.
Table 1--Transportation Conformity Budgets for 2020, 2023 and 2026 for
the 2008 Ozone NAAQS in the West Mojave Desert
[Average summer weekday, tons per day] \a\
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2020................................................... 7.9 17.6
2023................................................... 6.8 11.0
2026................................................... 6.2 10.2
------------------------------------------------------------------------
\a\ Source: Table VI-3 from the 2018 SIP Update.
Other aspects of our final action regarding transportation
conformity budgets are accurately described in the final rule, and the
correct numbers were included in our May 10, 2021 proposed rule for
this action.\3\
---------------------------------------------------------------------------
\3\ 86 FR 24809.
---------------------------------------------------------------------------
Additionally, while the final rule deferred action on the
attainment plan's contingency measures for failure to attain or to make
RFP, the regulatory text adopted by the final rule inadvertently
included portions of the State's submittals related to the contingency
measures element. This action corrects the regulatory text at 40 CFR
52.220(c)(514)(ii)(A)(9) and 40 CFR 52.220(c)(563)(ii)(A)(1),
(c)(563)(ii)(B)(1), and (c)(563)(ii)(C)(1) to specify that these
portions of the submittals are excluded from the EPA's approval.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA)
[[Page 57587]]
which, upon finding ``good cause,'' authorizes agencies to dispense
with public participation where public notice and comment procedures
are impracticable, unnecessary, or contrary to the public interest.
Public notice and comment for this action are unnecessary because the
underlying rule for which this correcting amendment has been prepared
was already subject to a 30-day comment period, and this action merely
corrects an error in the rule text. Further, this action is consistent
with the purpose and rationale of the final rule, which is corrected
herein. Because this action does not change the EPA's analyses or
overall actions, no purpose would be served by additional public notice
and comment. Consequently, additional public notice and comment are
unnecessary.
Statutory and Executive Order Reviews
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 not subject to the regulatory flexibility provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
Is not subject to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4);
Does not impose a significant intergovernmental mandate or
significantly or uniquely affect small governments, as described in
sections 203 and 204 of the UMRA;
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 this error correction action does not involve technical
standards; and
Does not involve special consideration of environmental
justice related issues as required by 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 (CRA) (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 rule 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. This
correction to 40 CFR part 52 for California is not a ``major rule'' as
defined by 5 U.S.C. 804(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.
Dated: October 5, 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 paragraphs (c)(514)(ii)(A)(9),
(c)(563)(ii)(A)(1), (c)(563)(ii)(B)(1), and (c)(563)(ii)(C)(1) to read
as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(514) * * *
(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''), excluding section VI.D (``Contingency Measures'');
and pages A-19 through A-22 of Appendix A (``Nonattainment Area
Inventories'').
* * * * *
(563) * * *
(ii) * * *
(A) * * *
(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, excluding section V.D
(``Contingency Measures'').
* * * * *
(B) * * *
(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; ``Contingency
Measures'' (page 18); ``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.
* * * * *
(C) * * *
(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; ``Contingency
Measures'' (page 20); ``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.
* * * * *
[FR Doc. 2021-22165 Filed 10-15-21; 8:45 am]
BILLING CODE 6560-50-P
