Designation of Areas for Air Quality Planning Purposes; California; Coachella Valley Ozone Nonattainment Area; Reclassification to Extreme, 14291-14294 [2023-04736]
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2022–0953; FRL–10502–
02–R9]
Designation of Areas for Air Quality
Planning Purposes; California;
Coachella Valley Ozone Nonattainment
Area; Reclassification to Extreme
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is granting requests by the
California Air Resources Board (CARB)
to reclassify the Coachella Valley ozone
nonattainment area in California from
‘‘Severe–15’’ to ‘‘Extreme’’ for the 2008
ozone national ambient air quality
standards (NAAQS). This action does
not reclassify any areas of Indian
country within the boundaries of the
Coachella Valley 2008 ozone
nonattainment area. The new applicable
attainment date for the Coachella Valley
ozone nonattainment area for the 2008
ozone NAAQS will be the date by which
attainment can be achieved as
expeditiously as practicable, but no later
than July 20, 2032. In connection with
the reclassification, the EPA is
approving a deadline of no later than 18
months from the effective date of this
rule for submittal of revisions to the
Coachella Valley portion of the
California state implementation plan
(SIP) to meet additional requirements
for Extreme ozone nonattainment areas.
Lastly, the EPA is extending our
previous limited approval of the motor
vehicle emissions budgets to new
budgets to be developed as part of a SIP
meeting the Extreme area requirements
for the Coachella Valley.
DATES: This rule is effective April 7,
2023.
SUMMARY:
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0953. 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
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ADDRESSES:
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the person identified in the FOR FURTHER
section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
a disability 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:
Khoi Nguyen, Planning & Analysis
Branch (AIR–2–2), EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105, (415) 947–4120, or by email at
nguyen.khoi@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
INFORMATION CONTACT
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On January 11, 2023, the EPA
proposed to grant a request by the State
of California to reclassify the Riverside
County (Coachella Valley), CA ozone
nonattainment (‘‘Coachella Valley’’) area
from Severe–15 to Extreme for the 2008
ozone NAAQS.1 Our January 11, 2023
proposed rule provides background
information on the EPA’s promulgation
of the 2008 ozone NAAQS and the area
designations and classifications for the
2008 ozone NAAQS.
The proposed rule describes CARB’s
requests for reclassification of the
Coachella Valley from Severe–15 to
Extreme for the 2008 ozone NAAQS and
the basis for our proposed approval of
the requests. The proposed rule also
describes the Extreme area requirements
applicable to the Coachella Valley
nonattainment area following the EPA’s
approval of the voluntary
reclassification requests and proposes a
deadline of no later than 18 months
from the effective date of reclassification
for submittal of revisions to the
Coachella Valley portion of the
California SIP that address the Extreme
ozone nonattainment area requirements.
The proposed rule further describes the
EPA’s proposal to continue to limit the
duration of our approval of the budgets
in the 2016 Coachella Valley Ozone SIP
until we find revised budgets developed
for the Extreme area plan to be
adequate.2 Lastly, the proposed rule
clarifies that this action would not
reclassify any areas of Indian country
1 88
FR 1543.
EPA previously approved motor vehicle
emissions budgets for the Coachella Valley for the
2008 ozone NAAQS in 2020. 85 FR 57714
(September 16, 2020).
2 The
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14291
within the Coachella Valley. Please see
the proposed rule for further detail
concerning these topics.
Today, we are taking final action to
grant CARB’s requests to reclassify the
Coachella Valley nonattainment area to
Extreme nonattainment for the 2008
ozone NAAQS. Pursuant to the
reclassification, the Coachella Valley
nonattainment area will be required to
attain the 2008 ozone NAAQS as
expeditiously as practicable, but no later
than July 20, 2032. We are also taking
final action to establish a schedule of no
later than 18 months from the effective
date of this final action for CARB to
submit SIP revisions addressing
Extreme area requirements for the
Coachella Valley and to submit
revisions to the title V operating permit
rules for the Coachella Valley. Lastly,
we are finalizing our action to continue
to limit the duration of our approval of
the budgets in the 2016 Coachella
Valley Ozone SIP until we find revised
budgets developed for the Extreme area
plan to be adequate. As explained in the
proposal, this action does not reclassify
any areas of Indian country within the
Coachella Valley.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, the EPA received two
comments from private individuals. The
full text of these comments is available
in the docket for this rulemaking.
The first commenter generally
supported our proposed action and
indicated that the action will help to
improve air quality by setting stricter
standards for the region. We
acknowledge the commenter’s support
of the EPA’s proposed action and agree
that reclassification of the area is
appropriate for reasons cited by the
commenter. As described below, we are
finalizing the action as proposed.
The second commenter also
supported the rulemaking action and
asked that the EPA, if it has the
authority to do so, insert additional
requirements that further limit road
transportation within the airshed or
require the expansion of zero-emission
public-transit networks within the
Coachella Valley to further offset and
reduce transportation emissions. The
commenter also asserted that the state
should be prohibited from issuing any
new construction and/or operating
permits for title V sources and other
regulated stationary sources in the
Coachella Valley. The EPA appreciates
the commenter’s support for the
proposed action. While the measures
suggested in the comment are outside of
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
the scope of this rulemaking action and
outside of the scope of the EPA’s
statutory authority, we note that the
purpose of the reclassification action is
to require CARB and the local air
district to develop more stringent
control measures to improve air quality
under part D of title I of the CAA. The
commenter may wish to raise ideas
regarding specific control measures
during the state plan development
process.
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III. EPA Action
Pursuant to CAA section 181(b)(3),
the EPA is granting a request by the
State of California to reclassify the
Coachella Valley ozone nonattainment
area from Severe–15 to Extreme for the
2008 ozone NAAQS. Upon
reclassification, the Coachella Valley
will be required to attain the 2008 ozone
NAAQS as expeditiously as practicable,
but no later than July 20, 2032.
In connection with the
reclassification, and pursuant to our
general CAA section 301(a) authority,
the EPA is establishing a deadline of no
later than 18 months from the effective
date of this action for the submittal of
SIP revisions addressing the Extreme
area requirements applicable to the
Coachella Valley nonattainment area.3
We are also establishing 18 months from
the effective date of this action as the
deadline for the submittal of any
corresponding revisions, or
certifications, as appropriate, to the NSR
and title V program rules that apply in
the affected area.4 Lastly, we are
finalizing our action to continue to limit
the duration of our approval of the
motor vehicle emissions budgets in the
2016 Coachella Valley Ozone SIP until
we find revised budgets developed for
the Extreme area plan to be adequate.
This action does not reclassify any
areas of Indian country. Under the
EPA’s Consultation Policy, the EPA
consults on a government-to3 As described in the proposed rule, these
requirements include: a base year emissions
inventory, an emissions statement rule, a new
source review (NSR) program, additional reasonably
available control technology rules for the lower
Extreme area major source threshold, a reasonably
available control measures demonstration, an
attainment demonstration, a reasonable further
progress demonstration, contingency measures, an
enhanced motor vehicle inspection and
maintenance program, a clean fuels fleet program,
enhanced ambient air monitoring, transportation
control strategies and measures to offset emissions
increases from vehicle miles traveled, a CAA
section 185 fee program, and use of clean fuels or
advanced control technology for boilers. The
proposed rule includes more information about
these requirements.
4 We note that this timeline is consistent with
CAA section 502(i), which provides permitting
authorities 18 months to correct problems related to
administration of a title V program.
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government basis with federally
recognized tribal governments when the
EPA’s actions and decisions may affect
tribal interests.5 The EPA is currently
undergoing this consultation process
and any proposed reclassification of
tribal lands will be addressed in a future
rulemaking action.
With this action, we are updating the
designation table at 40 CFR 81.305 to
identify the new attainment
classification for state lands within the
Coachella Valley nonattainment area.
We are also updating the table to revise
the listing for the ‘‘Cabazon Band of
Mission Indians’’ to specify the
‘‘Cabazon Band of Cahuilla Indians,’’
which reflects the tribe’s current
federally recognized name.6
IV. Statutory and Executive Order
Reviews
Under Executive Orders 12866 (58 FR
51735, October 4, 1993) and 13563 (76
FR 3821, January 21, 2011), this final
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
Executive Order 12866. With respect to
lands under state jurisdiction, voluntary
reclassifications under CAA section
181(b)(3) are based solely upon requests
by the state, and the EPA is required
under the CAA to grant them. These
actions do not, in and of themselves,
impose any new requirements on any
sectors of the economy. In addition,
because the statutory requirements are
clearly defined with respect to the
differently classified areas, and because
those requirements are automatically
triggered by reclassification,
reclassification does not impose a
materially adverse impact under
Executive Order 12866. For these
reasons, this final action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
In addition, I certify that this final
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) and that this final action does
not contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4), because the EPA is
required to grant requests by states for
voluntary reclassifications, and such
5 The EPA’s Consultation Policy is available at
https://www.epa.gov/tribal/epa-policy-consultationand-coordination-indian-tribes.
6 See 88 FR 1543, 1544 n.5. See also 88 FR 2112
(January 12, 2023) (noting the change in tribal name
as recognized by the Bureau of Indian Affairs).
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reclassifications in and of themselves do
not impose any federal
intergovernmental mandate, and
because tribes are not subject to
implementation plan submittal
deadlines that apply to states as a result
of reclassifications.
This final action also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
federal government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898, ‘‘Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations’’ (59 FR 7629,
Feb. 16, 1994), directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The air agency did not evaluate
environmental justice considerations as
part of its reclassification request; the
CAA and applicable implementing
regulations neither prohibit nor require
such an evaluation. The EPA did not
perform an EJ analysis and did not
consider EJ in this action. Due to the
nature of the action being taken here,
this action is expected to have a neutral
to positive impact on the air quality of
the affected area. Consideration of EJ is
not required as part of this action, and
there is no information in the record
inconsistent with the stated goal of E.O.
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This final action also does not have
federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, nor
on the distribution of power and
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This final action does
not alter the relationship or the
distribution of power and
responsibilities established in the CAA.
This final action also is not subject to
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because the EPA
interprets Executive Order 13045 as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of Executive Order
13045 has the potential to influence the
regulation.
As this final action establishes a
deadline for the submittal of CAA
required plans and information, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This final action
does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
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 May 8, 2023.
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) of the CAA.)
List of Subjects in 40 CFR Part 81
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: March 2, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends part 81,
chapter I, title 40 of the Code of Federal
Regulations as follows:
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
1. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
2. Section 81.305 is amended by
revising the entry for ‘‘Riverside County
(Coachella Valley), CA’’ in the table
titled ‘‘California—2008 8-Hour Ozone
NAAQS [Primary and Secondary]’’ to
read as follows:
■
§ 81.305
*
*
California.
*
*
*
CALIFORNIA—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation
Classification
Designated area
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Date 1
*
*
*
*
Riverside County (Coachella Valley), CA: 2
Riverside County (part) ........................................................................................
That portion of Riverside County which lies to the east of a line described
as follows: Beginning at the Riverside-San Diego County boundary and
running north along the range line common to Range 4 East and Range
3 East, San Bernardino Base and Meridian; then east along the Township line common to Township 8 South and Township 7 South; then
north along the range line common to Range 5 East and Range 4 East;
then west along the Township line common to Township 6 South and
Township 7 South to the southwest corner of Section 34, Township 6
South, Range 4 East; then north along the west boundaries of Sections
34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; then west
along the Township line common to Township 5 South and Township 6
South; then north along the range line common to Range 4 East and
Range 3 East; then west along the south boundaries of Sections 13, 14,
15, 16, 17, and 18, Township 5 South, Range 3 East; then north along
the range line common to Range 2 East and Range 3 East; to the Riverside-San Bernardino County line. And that portion of Riverside County
which lies to the west of a line described as follows: That segment of
the southwestern boundary line of hydrologic Unit Number 18100100
within Riverside County.
Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation 3.
Augustine Band of Cahuilla Indians 3 ...................................................................
Cabazon Band of Cahuilla Indians 3 ....................................................................
Santa Rosa Band of Cahuilla Indians 3 ................................................................
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Date 1
Type
*
*
Type
*
................
Nonattainment
4/7/2023
................
Nonattainment
....................
Severe–15.
................
................
................
Nonattainment
Nonattainment
Nonattainment
....................
....................
....................
Severe–15.
Severe–15.8
Severe–15.
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Extreme.
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Federal Register / Vol. 88, No. 45 / Wednesday, March 8, 2023 / Rules and Regulations
CALIFORNIA—2008 8-HOUR OZONE NAAQS—Continued
[Primary and secondary]
Designation
Classification
Designated area
Torres Martinez Desert Cahuilla Indians 3 ............................................................
Twenty-Nine Palms Band of Mission Indians of California 3 ................................
*
*
*
Date 1
Type
Date 1
................
................
Nonattainment
Nonattainment
....................
....................
*
*
Type
Severe–15.
Severe–15.
*
*
1 This
date is July 20, 2012, unless otherwise noted.
Indian country located in each area, unless otherwise noted.
Indian country of the tribe listed in this table located in the identified area. Information pertaining to areas of Indian country in this
table is intended for CAA planning purposes only and is not an EPA determination of Indian country status or any Indian country boundary. EPA
lacks the authority to establish Indian country land status, and is making no determination of Indian country boundaries, in this table.
2 Excludes
3 Includes
*
*
*
*
and the Government Accountability
Office pursuant to the Congressional
Review Act, see U.S.C. 801(a)(1)(A).
*
[FR Doc. 2023–04736 Filed 3–7–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
List of Subjects in 47 CFR Part 73
FEDERAL COMMUNICATIONS
COMMISSION
[DA 23–165; MB Docket No. 22–398; RM–
11935; FR ID 129866]
Radio Broadcasting Services; Ralston,
Wyoming
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document amends the
FM Table of Allotments, of the
Commission’s rules, by adding Channel
233C at Ralston, Wyoming. Channel
233C would provide a first local service
at Ralston, Wyoming. A staff
engineering analysis indicates that
Channel 233C can be allotted to Ralston,
Wyoming, consistent with the minimum
distance separation requirements of the
Commission’s rules, with a site
restriction of 32.1 km (19.9 miles)
southwest of the community. The
reference coordinates are 44–29–42 NL
and 109–09–12 WL.
DATES: Effective April 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Federal
Communications Commission’s
(Commission) Report and Order,
adopted March 1, 2023 and released
March 1, 2023. The full text of this
Commission decision is available online
at https://apps.fcc.gov/ecfs/. This
document does not contain information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
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[Docket No. 230224–0053]
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
47 CFR Part 73
SUMMARY:
50 CFR Part 679
Radio, Radio broadcasting.
RTID 0648–XC730
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
2. In § 73.202(b), amend the table 1,
under Wyoming, by adding in
alphabetical order an entry for
‘‘Ralston’’ to read as follows:
■
*
Table of Allotments.
*
*
*
*
(b) Table of FM Allotments.
TABLE 1 TO PARAGRAPH (b)
Wyoming
*
*
*
*
Ralston ......................................
*
*
*
*
*
*
*
*
233C
*
*
*
[FR Doc. 2023–04630 Filed 3–7–23; 8:45 am]
BILLING CODE 6712–01–P
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NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the A season
allowance of the 2023 total allowable
catch of Pacific cod by catcher vessels
using trawl gear in the Western
Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 4, 2023,
through 1200 hours, A.l.t., June 10,
2023.
FOR FURTHER INFORMATION CONTACT:
Channel
No.
U.S. states
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY:
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
§ 73.202
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Western Regulatory Area of the
Gulf of Alaska
Abby Jahn, 907–586–7228.
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Rules and Regulations]
[Pages 14291-14294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04736]
[[Page 14291]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2022-0953; FRL-10502-02-R9]
Designation of Areas for Air Quality Planning Purposes;
California; Coachella Valley Ozone Nonattainment Area; Reclassification
to Extreme
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Under the Clean Air Act (CAA), the Environmental Protection
Agency (EPA) is granting requests by the California Air Resources Board
(CARB) to reclassify the Coachella Valley ozone nonattainment area in
California from ``Severe-15'' to ``Extreme'' for the 2008 ozone
national ambient air quality standards (NAAQS). This action does not
reclassify any areas of Indian country within the boundaries of the
Coachella Valley 2008 ozone nonattainment area. The new applicable
attainment date for the Coachella Valley ozone nonattainment area for
the 2008 ozone NAAQS will be the date by which attainment can be
achieved as expeditiously as practicable, but no later than July 20,
2032. In connection with the reclassification, the EPA is approving a
deadline of no later than 18 months from the effective date of this
rule for submittal of revisions to the Coachella Valley portion of the
California state implementation plan (SIP) to meet additional
requirements for Extreme ozone nonattainment areas. Lastly, the EPA is
extending our previous limited approval of the motor vehicle emissions
budgets to new budgets to be developed as part of a SIP meeting the
Extreme area requirements for the Coachella Valley.
DATES: This rule is effective April 7, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0953. 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 a
disability 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: Khoi Nguyen, Planning & Analysis
Branch (AIR-2-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA
94105, (415) 947-4120, or by email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On January 11, 2023, the EPA proposed to grant a request by the
State of California to reclassify the Riverside County (Coachella
Valley), CA ozone nonattainment (``Coachella Valley'') area from
Severe-15 to Extreme for the 2008 ozone NAAQS.\1\ Our January 11, 2023
proposed rule provides background information on the EPA's promulgation
of the 2008 ozone NAAQS and the area designations and classifications
for the 2008 ozone NAAQS.
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\1\ 88 FR 1543.
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The proposed rule describes CARB's requests for reclassification of
the Coachella Valley from Severe-15 to Extreme for the 2008 ozone NAAQS
and the basis for our proposed approval of the requests. The proposed
rule also describes the Extreme area requirements applicable to the
Coachella Valley nonattainment area following the EPA's approval of the
voluntary reclassification requests and proposes a deadline of no later
than 18 months from the effective date of reclassification for
submittal of revisions to the Coachella Valley portion of the
California SIP that address the Extreme ozone nonattainment area
requirements. The proposed rule further describes the EPA's proposal to
continue to limit the duration of our approval of the budgets in the
2016 Coachella Valley Ozone SIP until we find revised budgets developed
for the Extreme area plan to be adequate.\2\ Lastly, the proposed rule
clarifies that this action would not reclassify any areas of Indian
country within the Coachella Valley. Please see the proposed rule for
further detail concerning these topics.
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\2\ The EPA previously approved motor vehicle emissions budgets
for the Coachella Valley for the 2008 ozone NAAQS in 2020. 85 FR
57714 (September 16, 2020).
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Today, we are taking final action to grant CARB's requests to
reclassify the Coachella Valley nonattainment area to Extreme
nonattainment for the 2008 ozone NAAQS. Pursuant to the
reclassification, the Coachella Valley nonattainment area will be
required to attain the 2008 ozone NAAQS as expeditiously as
practicable, but no later than July 20, 2032. We are also taking final
action to establish a schedule of no later than 18 months from the
effective date of this final action for CARB to submit SIP revisions
addressing Extreme area requirements for the Coachella Valley and to
submit revisions to the title V operating permit rules for the
Coachella Valley. Lastly, we are finalizing our action to continue to
limit the duration of our approval of the budgets in the 2016 Coachella
Valley Ozone SIP until we find revised budgets developed for the
Extreme area plan to be adequate. As explained in the proposal, this
action does not reclassify any areas of Indian country within the
Coachella Valley.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, the EPA received two comments from private
individuals. The full text of these comments is available in the docket
for this rulemaking.
The first commenter generally supported our proposed action and
indicated that the action will help to improve air quality by setting
stricter standards for the region. We acknowledge the commenter's
support of the EPA's proposed action and agree that reclassification of
the area is appropriate for reasons cited by the commenter. As
described below, we are finalizing the action as proposed.
The second commenter also supported the rulemaking action and asked
that the EPA, if it has the authority to do so, insert additional
requirements that further limit road transportation within the airshed
or require the expansion of zero-emission public-transit networks
within the Coachella Valley to further offset and reduce transportation
emissions. The commenter also asserted that the state should be
prohibited from issuing any new construction and/or operating permits
for title V sources and other regulated stationary sources in the
Coachella Valley. The EPA appreciates the commenter's support for the
proposed action. While the measures suggested in the comment are
outside of
[[Page 14292]]
the scope of this rulemaking action and outside of the scope of the
EPA's statutory authority, we note that the purpose of the
reclassification action is to require CARB and the local air district
to develop more stringent control measures to improve air quality under
part D of title I of the CAA. The commenter may wish to raise ideas
regarding specific control measures during the state plan development
process.
III. EPA Action
Pursuant to CAA section 181(b)(3), the EPA is granting a request by
the State of California to reclassify the Coachella Valley ozone
nonattainment area from Severe-15 to Extreme for the 2008 ozone NAAQS.
Upon reclassification, the Coachella Valley will be required to attain
the 2008 ozone NAAQS as expeditiously as practicable, but no later than
July 20, 2032.
In connection with the reclassification, and pursuant to our
general CAA section 301(a) authority, the EPA is establishing a
deadline of no later than 18 months from the effective date of this
action for the submittal of SIP revisions addressing the Extreme area
requirements applicable to the Coachella Valley nonattainment area.\3\
We are also establishing 18 months from the effective date of this
action as the deadline for the submittal of any corresponding
revisions, or certifications, as appropriate, to the NSR and title V
program rules that apply in the affected area.\4\ Lastly, we are
finalizing our action to continue to limit the duration of our approval
of the motor vehicle emissions budgets in the 2016 Coachella Valley
Ozone SIP until we find revised budgets developed for the Extreme area
plan to be adequate.
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\3\ As described in the proposed rule, these requirements
include: a base year emissions inventory, an emissions statement
rule, a new source review (NSR) program, additional reasonably
available control technology rules for the lower Extreme area major
source threshold, a reasonably available control measures
demonstration, an attainment demonstration, a reasonable further
progress demonstration, contingency measures, an enhanced motor
vehicle inspection and maintenance program, a clean fuels fleet
program, enhanced ambient air monitoring, transportation control
strategies and measures to offset emissions increases from vehicle
miles traveled, a CAA section 185 fee program, and use of clean
fuels or advanced control technology for boilers. The proposed rule
includes more information about these requirements.
\4\ We note that this timeline is consistent with CAA section
502(i), which provides permitting authorities 18 months to correct
problems related to administration of a title V program.
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This action does not reclassify any areas of Indian country. Under
the EPA's Consultation Policy, the EPA consults on a government-to-
government basis with federally recognized tribal governments when the
EPA's actions and decisions may affect tribal interests.\5\ The EPA is
currently undergoing this consultation process and any proposed
reclassification of tribal lands will be addressed in a future
rulemaking action.
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\5\ The EPA's Consultation Policy is available at https://www.epa.gov/tribal/epa-policy-consultation-and-coordination-indian-tribes.
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With this action, we are updating the designation table at 40 CFR
81.305 to identify the new attainment classification for state lands
within the Coachella Valley nonattainment area. We are also updating
the table to revise the listing for the ``Cabazon Band of Mission
Indians'' to specify the ``Cabazon Band of Cahuilla Indians,'' which
reflects the tribe's current federally recognized name.\6\
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\6\ See 88 FR 1543, 1544 n.5. See also 88 FR 2112 (January 12,
2023) (noting the change in tribal name as recognized by the Bureau
of Indian Affairs).
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IV. Statutory and Executive Order Reviews
Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011), this final action is not a
``significant regulatory action'' and therefore is not subject to
Executive Order 12866. With respect to lands under state jurisdiction,
voluntary reclassifications under CAA section 181(b)(3) are based
solely upon requests by the state, and the EPA is required under the
CAA to grant them. These actions do not, in and of themselves, impose
any new requirements on any sectors of the economy. In addition,
because the statutory requirements are clearly defined with respect to
the differently classified areas, and because those requirements are
automatically triggered by reclassification, reclassification does not
impose a materially adverse impact under Executive Order 12866. For
these reasons, this final action is also not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001).
In addition, I certify that this final action will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) and that
this final action does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), because the EPA
is required to grant requests by states for voluntary
reclassifications, and such reclassifications in and of themselves do
not impose any federal intergovernmental mandate, and because tribes
are not subject to implementation plan submittal deadlines that apply
to states as a result of reclassifications.
This final action also does not have tribal implications because it
will not have a substantial direct effect on one or more Indian tribes,
on the relationship between the federal government and Indian tribes,
or on the distribution of power and responsibilities between the
federal government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
Executive Order 12898, ``Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations'' (59 FR
7629, Feb. 16, 1994), directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate environmental justice
considerations as part of its reclassification request; the CAA and
applicable implementing regulations neither prohibit nor require such
an evaluation. The EPA did not perform an EJ analysis and did not
consider EJ in this action. Due to the nature of the action being taken
here, this action is expected to have a neutral to positive impact on
the air quality of the affected area. Consideration of EJ is not
required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This final action also does not have federalism implications
because it does not have substantial direct effects on the states, on
the relationship between the national government and the states, nor on
the distribution of power and
[[Page 14293]]
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This final
action does not alter the relationship or the distribution of power and
responsibilities established in the CAA.
This final action also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because the EPA interprets
Executive Order 13045 as applying only to those regulatory actions that
concern health or safety risks, such that the analysis required under
section 5-501 of Executive Order 13045 has the potential to influence
the regulation.
As this final action establishes a deadline for the submittal of
CAA required plans and information, the requirements of section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) do not apply. This final action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 May 8, 2023. 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) of the
CAA.)
List of Subjects in 40 CFR Part 81
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: March 2, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends part 81,
chapter I, title 40 of the Code of Federal Regulations as follows:
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
2. Section 81.305 is amended by revising the entry for ``Riverside
County (Coachella Valley), CA'' in the table titled ``California--2008
8-Hour Ozone NAAQS [Primary and Secondary]'' to read as follows:
Sec. 81.305 California.
* * * * *
California--2008 8-Hour Ozone NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Riverside County (Coachella Valley),
CA: \2\
Riverside County (part)......... ......... Nonattainment........... 4/7/2023 Extreme.
That portion of Riverside
County which lies to the
east of a line described as
follows: Beginning at the
Riverside-San Diego County
boundary and running north
along the range line common
to Range 4 East and Range 3
East, San Bernardino Base
and Meridian; then east
along the Township line
common to Township 8 South
and Township 7 South; then
north along the range line
common to Range 5 East and
Range 4 East; then west
along the Township line
common to Township 6 South
and Township 7 South to the
southwest corner of Section
34, Township 6 South, Range
4 East; then north along
the west boundaries of
Sections 34, 27, 22, 15,
10, and 3, Township 6
South, Range 4 East; then
west along the Township
line common to Township 5
South and Township 6 South;
then north along the range
line common to Range 4 East
and Range 3 East; then west
along the south boundaries
of Sections 13, 14, 15, 16,
17, and 18, Township 5
South, Range 3 East; then
north along the range line
common to Range 2 East and
Range 3 East; to the
Riverside-San Bernardino
County line. And that
portion of Riverside County
which lies to the west of a
line described as follows:
That segment of the
southwestern boundary line
of hydrologic Unit Number
18100100 within Riverside
County.
Agua Caliente Band of Cahuilla ......... Nonattainment........... ........... Severe-15.
Indians of the Agua Caliente
Indian Reservation \3\.
Augustine Band of Cahuilla ......... Nonattainment........... ........... Severe-15.
Indians \3\.
Cabazon Band of Cahuilla Indians ......... Nonattainment........... ........... Severe-15.8
\3\.
Santa Rosa Band of Cahuilla ......... Nonattainment........... ........... Severe-15.
Indians \3\.
[[Page 14294]]
Torres Martinez Desert Cahuilla ......... Nonattainment........... ........... Severe-15.
Indians \3\.
Twenty-Nine Palms Band of ......... Nonattainment........... ........... Severe-15.
Mission Indians of California
\3\.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
\3\ Includes Indian country of the tribe listed in this table located in the identified area. Information
pertaining to areas of Indian country in this table is intended for CAA planning purposes only and is not an
EPA determination of Indian country status or any Indian country boundary. EPA lacks the authority to
establish Indian country land status, and is making no determination of Indian country boundaries, in this
table.
* * * * *
[FR Doc. 2023-04736 Filed 3-7-23; 8:45 am]
BILLING CODE 6560-50-P
