Approval of Air Quality Implementation Plans; Vehicle Miles Traveled Emissions Offset Demonstrations for the 2015 Ozone Standards; California, 76139-76141 [2023-24001]
Download as PDF
<![CDATA[
76139
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
EPA-APPROVED FLORIDA LAWS AND REGULATIONS
State citation
(section)
State effective
date
Title/subject
*
*
*
EPA approval date
*
Chapter 62–296
*
*
Concrete Batching Plants ..................
11/5/2020
62–296.415 ...........
Soil Thermal Treatment Facilities ......
11/5/2020
62–296.418 ...........
Bulk Gasoline Plants .........................
8/14/2019
*
62–296.500 ...........
*
8/14/2019
*
*
11/6/2023, [Insert citation of publication].
62–296.501 ...........
*
*
Reasonably Available Control Technology (RACT)—Volatile Organic
Compounds (VOC) and Nitrogen
Oxides (NOX) Emitting Facilities.
Can Coating .......................................
7/10/2014
62–296.502 ...........
Coil Coating .......................................
7/10/2014
62–296.503 ...........
Paper Coating ....................................
7/10/2014
62–296.504 ...........
Fabric and Vinyl Coating ...................
7/10/2014
62–296.505 ...........
Metal Furniture Coating .....................
7/10/2014
62–296.506 ...........
Surface Coating of Large Appliances
7/10/2014
62–296.507 ...........
Magnet Wire Coating .........................
7/10/2014
62–296.508 ...........
Petroleum Liquid Storage ..................
7/10/2014
62–296.510 ...........
Bulk Gasoline Terminals ....................
7/10/2014
62–296.511 ...........
Solvent Metal Cleaning ......................
11/5/2020
62–296.512 ...........
Cutback Asphalt .................................
8/14/2019
62–296.513 ...........
Surface Coating of Miscellaneous
Metal Parts and Products.
Surface Coating of Flat Wood Paneling.
Graphic Arts Systems ........................
7/10/2014
Petroleum Liquid Storage Tanks with
External Floating Roofs.
7/10/2014
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
11/6/2023,
tion].
62–296.515 ...........
62–296.516 ...........
*
*
*
*
*
*
7/10/2014
7/10/2014
*
*
[FR Doc. 2023–23833 Filed 11–3–23; 8:45 am]
11/6/2023, [Insert citation of publication].
11/6/2023, [Insert citation of publication].
11/6/2023, [Insert citation of publication].
*
[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica[Insert citation of publica-
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2022–0681; FRL–10386–
02–R9]
Approval of Air Quality Implementation
Plans; Vehicle Miles Traveled
Emissions Offset Demonstrations for
the 2015 Ozone Standards; California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
SUMMARY:
16:25 Nov 03, 2023
Jkt 262001
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
*
[Insert citation of publica-
BILLING CODE 6560–50–P
VerDate Sep<11>2014
*
Stationary Sources—Emission Standards
62–296.414 ...........
62–296.514 ...........
ddrumheller on DSK120RN23PROD with RULES1
Explanation
*
*
approve revisions to the California state
implementation plan (SIP) concerning
vehicle miles traveled (VMT) offset
demonstrations for the Los Angeles–
South Coast Air Basin (South Coast),
Riverside County (Coachella Valley),
Los Angeles–San Bernadino Counties
(West Mojave Desert), and San Joaquin
Valley nonattainment areas (NAAs) for
the 2015 ozone national ambient air
quality standards (2015 ozone NAAQS).
The EPA is taking action to approve
these revisions because they
demonstrate that California has added
or implemented specific enforceable
transportation control strategies and
transportation control measures to offset
E:\FR\FM\06NOR1.SGM
06NOR1
76140
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
the growth in emissions from growth in
VMT and vehicle trips. We are taking
final action to approve these revisions
under the Clean Air Act (CAA or ‘‘the
Act’’), which establishes VMT offset
demonstration requirements for ozone
nonattainment areas classified as
‘‘Severe’’ or ‘‘Extreme.’’
DATES: This action will be effective on
December 6, 2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0681. 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 or other information whose
disclosure is restricted by stature.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available 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:
Michael Dorantes, Geographic Strategies
and Modeling Section (AIR–2–2), EPA
Region IX, (415) 972–3934,
dorantes.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
ddrumheller on DSK120RN23PROD with RULES1
I. Summary of Proposed Action
On December 20, 2022, the EPA
proposed to approve a revision to the
California SIP concerning VMT
emissions offset demonstrations
required for the Coachella Valley and
West Mojave Desert Severe ozone NAAs
and for the South Coast and San Joaquin
Valley Extreme ozone NAAs.1 Section
182(d)(1)(A) of the Act and 40 CFR
51.1302 require a state to submit, for
each ozone nonattainment area
classified as Severe or above, a SIP
revision that ‘‘identifies or adopts
specific enforceable transportation
control strategies and transportation
1 87
FR 77774 (December 20, 2022).
VerDate Sep<11>2014
16:25 Nov 03, 2023
Jkt 262001
control measures to offset any growth in
emissions from growth in vehicle miles
traveled or number of vehicle trips in
such area.’’ Herein, we refer to this SIP
requirement as the ‘‘VMT emissions
offset requirement.’’ In addition, we
refer to the SIP revision intended to
demonstrate compliance with the VMT
emissions offset requirement as the
‘‘VMT emissions offset demonstration.’’
In Association of Irritated Residents v.
EPA, the Ninth Circuit ruled that
additional transportation control
measures are required whenever vehicle
emissions are projected to be higher
than they would have been had VMT
not increased, even when aggregate
vehicle emissions are decreasing.2 In
August 2012, the EPA issued a
memorandum titled ‘‘Implementing
Clean Air Act Section 182(d)(1)(A):
Transportation Control Measures and
Transportation Control Strategies to
Offset Growth in Emissions Due to
Growth in Vehicle Miles Travelled’’
(‘‘August 2012 Guidance’’).3 The August
2012 Guidance discusses the meaning of
‘‘transportation control strategies’’ and
‘‘transportation control measures’’ and
recommends that both be included in
the calculations made for the purpose of
determining the degree to which any
hypothetical growth in emissions due to
growth in VMT should be offset. The
proposed rulemaking for this action
outlines the August 2012 Guidance in
further detail and how states may
demonstrate that their VMT emissions
offset demonstrations can satisfactorily
conform with Court’s ruling in
Association of Irritated Residents.
The California Air Resources Board
(CARB) provided two separate
submittals as VMT emissions offset
demonstrations for California’s Severe
and Extreme ozone NAAs. On July 27,
2020, CARB submitted a staff report to
the EPA titled ‘‘70 ppb Ozone SIP
Submittal’’ (‘‘July 2020 submittal’’).4 In
part, the July 2020 submittal contains
the VMT offset demonstrations for the
South Coast, Coachella Valley, and San
Joaquin Valley ozone NAAs.5
2 See Association of Irritated Residents v. EPA,
632 F.3d. 584, at 596–597 (9th Cir. 2011), reprinted
as amended on January 27, 2012, 686 F.3d 668,
further amended February 13, 2012 (‘‘Association of
Irritated Residents’’).
3 Memorandum dated August 30, 2012, Karl
Simon, Director Transportation and Climate
Division, Office of Transportation and Air Quality,
to Carl Edland, Director, Multimedia Planning and
Permitting Division, EPA Region VI, and Deborah
Jordan, Director, Air Division, EPA Region IX.
4 Letter dated July 24, 2020, from Richard W.
Corey, Executive Officer, CARB, to John Busterud,
Regional Administrator, EPA Region IX (submitted
electronically July 27, 2020).
5 The July 2020 submittal also addresses base year
emissions inventory requirements for 18 of the 21
NAAs in California. The EPA approved the July
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Additionally, on December 28, 2020,
CARB submitted to the EPA a staff
report titled ‘‘West Mojave Desert VMT
Offset Demonstration’’ (‘‘December 2020
submittal’’) for the West Mojave Desert
ozone NAA.6
In our proposal, we evaluated the
portions of the July 2020 submittal that
address the South Coast, Coachella
Valley, and San Joaquin Valley VMT
offset demonstrations and the December
2020 submittal of the West Mojave
Desert VMT offset demonstration
against the statutory and regulatory
requirements of CAA section
182(d)(1)(A) and 40 CFR 51.1302, and
detailed our consideration of relevant
Agency guidance and court rulings. The
full evaluation and discussion of our
review of the State’s submittals can be
found in our proposal. Therein we
proposed approval of the submittals as
revisions to the California SIP on the
basis that they met the VMT emissions
offset requirements of CAA section
182(d)(1)(A) and 40 CFR 51.1302 for the
2015 ozone NAAQS.
II. Public Comments and EPA
Responses
The 30-day public comment period
for the notice of proposed rulemaking
closed on January 19, 2023. We did not
receive any public comments.
III. Final Action
For the reasons discussed in our
proposed rule and summarized in this
document, we are finalizing our
approval of the following as revisions to
the California SIP:
D VMT emissions offset
demonstration element in the July 27,
2020 CARB submittal for the Los
Angeles–South Coast Air Basin (South
Coast), Riverside County (Coachella
Valley), and San Joaquin Valley ozone
nonattainment areas as meeting the
requirements of CAA section
182(d)(1)(A) and 40 CFR 51.1302 for the
2015 ozone NAAQS.
D VMT emissions offset
demonstration element in the December
28, 2020 CARB submittal for the Los
Angeles–San Bernadino Counties (West
Mojave Desert) ozone nonattainment
area as meeting the requirements of
CAA section 182(d)(1)(A) and 40 CFR
51.1302 for the 2015 ozone NAAQS.
2020 submittal as meeting the base year emissions
inventory requirements for the 18 areas addressed
in the submittal on September 29, 2022, (87 FR
59015).
6 Letter dated December 28, 2020, from Richard
W. Corey, Executive Officer, CARB, to John
Busterud, Regional Administrator, EPA Region IX
(submitted electronically December 29, 2020).
E:\FR\FM\06NOR1.SGM
06NOR1
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
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 14094 (88 FR
21879, April 11, 2023);
• 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); and
• 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.
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, this rulemaking 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).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
VerDate Sep<11>2014
16:25 Nov 03, 2023
Jkt 262001
76141
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 State did not evaluate
environmental justice considerations as
part of its SIP submittal; 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. This final 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 Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
Subpart F—California
List of Subjects in 40 CFR Part 52
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Western Regulatory
Area of the Gulf of Alaska
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amends part 52,
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.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
2. Section 52.220 is amended by
adding paragraphs (c)(589)(ii)(A)(2) and
(c)(605) to read as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(589) * * *
(ii) * * *
(A) * * *
(2) California Air Resources Board ‘‘70
ppb Ozone SIP Submittal,’’ section III,
‘‘VMT Offset Demonstration,’’ adopted
on June 25, 2020.
*
*
*
*
*
(605) The following materials were
submitted electronically on December
29, 2020, by the Governor’s designee as
an attachment to a letter dated
December 28, 2020.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board.
(1) ‘‘West Mojave Desert VehicleMiles Traveled Offset Demonstration,’’
adopted on October 22, 2020.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2023–24001 Filed 11–3–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 230224–0053; RTID 0648–
XD509]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from catcher vessels using trawl gear
and vessels using pot gear to catcher
vessels using hook-and-line gear and
catcher/processors using hook-and-line
gear in the Western Regulatory Area of
the Gulf of Alaska (GOA). This action is
necessary to allow the 2023 total
allowable catch (TAC) of Pacific cod to
be harvested.
DATES: Effective November 1, 2023,
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2023.
SUMMARY:
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76139-76141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24001]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0681; FRL-10386-02-R9]
Approval of Air Quality Implementation Plans; Vehicle Miles
Traveled Emissions Offset Demonstrations for the 2015 Ozone Standards;
California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the California state implementation plan
(SIP) concerning vehicle miles traveled (VMT) offset demonstrations for
the Los Angeles-South Coast Air Basin (South Coast), Riverside County
(Coachella Valley), Los Angeles-San Bernadino Counties (West Mojave
Desert), and San Joaquin Valley nonattainment areas (NAAs) for the 2015
ozone national ambient air quality standards (2015 ozone NAAQS). The
EPA is taking action to approve these revisions because they
demonstrate that California has added or implemented specific
enforceable transportation control strategies and transportation
control measures to offset
[[Page 76140]]
the growth in emissions from growth in VMT and vehicle trips. We are
taking final action to approve these revisions under the Clean Air Act
(CAA or ``the Act''), which establishes VMT offset demonstration
requirements for ozone nonattainment areas classified as ``Severe'' or
``Extreme.''
DATES: This action will be effective on December 6, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0681. 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 or other information whose disclosure
is restricted by stature. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
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: Michael Dorantes, Geographic
Strategies and Modeling Section (AIR-2-2), EPA Region IX, (415) 972-
3934, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On December 20, 2022, the EPA proposed to approve a revision to the
California SIP concerning VMT emissions offset demonstrations required
for the Coachella Valley and West Mojave Desert Severe ozone NAAs and
for the South Coast and San Joaquin Valley Extreme ozone NAAs.\1\
Section 182(d)(1)(A) of the Act and 40 CFR 51.1302 require a state to
submit, for each ozone nonattainment area classified as Severe or
above, a SIP revision that ``identifies or adopts specific enforceable
transportation control strategies and transportation control measures
to offset any growth in emissions from growth in vehicle miles traveled
or number of vehicle trips in such area.'' Herein, we refer to this SIP
requirement as the ``VMT emissions offset requirement.'' In addition,
we refer to the SIP revision intended to demonstrate compliance with
the VMT emissions offset requirement as the ``VMT emissions offset
demonstration.'' In Association of Irritated Residents v. EPA, the
Ninth Circuit ruled that additional transportation control measures are
required whenever vehicle emissions are projected to be higher than
they would have been had VMT not increased, even when aggregate vehicle
emissions are decreasing.\2\ In August 2012, the EPA issued a
memorandum titled ``Implementing Clean Air Act Section 182(d)(1)(A):
Transportation Control Measures and Transportation Control Strategies
to Offset Growth in Emissions Due to Growth in Vehicle Miles
Travelled'' (``August 2012 Guidance'').\3\ The August 2012 Guidance
discusses the meaning of ``transportation control strategies'' and
``transportation control measures'' and recommends that both be
included in the calculations made for the purpose of determining the
degree to which any hypothetical growth in emissions due to growth in
VMT should be offset. The proposed rulemaking for this action outlines
the August 2012 Guidance in further detail and how states may
demonstrate that their VMT emissions offset demonstrations can
satisfactorily conform with Court's ruling in Association of Irritated
Residents.
---------------------------------------------------------------------------
\1\ 87 FR 77774 (December 20, 2022).
\2\ See Association of Irritated Residents v. EPA, 632 F.3d.
584, at 596-597 (9th Cir. 2011), reprinted as amended on January 27,
2012, 686 F.3d 668, further amended February 13, 2012 (``Association
of Irritated Residents'').
\3\ Memorandum dated August 30, 2012, Karl Simon, Director
Transportation and Climate Division, Office of Transportation and
Air Quality, to Carl Edland, Director, Multimedia Planning and
Permitting Division, EPA Region VI, and Deborah Jordan, Director,
Air Division, EPA Region IX.
---------------------------------------------------------------------------
The California Air Resources Board (CARB) provided two separate
submittals as VMT emissions offset demonstrations for California's
Severe and Extreme ozone NAAs. On July 27, 2020, CARB submitted a staff
report to the EPA titled ``70 ppb Ozone SIP Submittal'' (``July 2020
submittal'').\4\ In part, the July 2020 submittal contains the VMT
offset demonstrations for the South Coast, Coachella Valley, and San
Joaquin Valley ozone NAAs.\5\ Additionally, on December 28, 2020, CARB
submitted to the EPA a staff report titled ``West Mojave Desert VMT
Offset Demonstration'' (``December 2020 submittal'') for the West
Mojave Desert ozone NAA.\6\
---------------------------------------------------------------------------
\4\ Letter dated July 24, 2020, from Richard W. Corey, Executive
Officer, CARB, to John Busterud, Regional Administrator, EPA Region
IX (submitted electronically July 27, 2020).
\5\ The July 2020 submittal also addresses base year emissions
inventory requirements for 18 of the 21 NAAs in California. The EPA
approved the July 2020 submittal as meeting the base year emissions
inventory requirements for the 18 areas addressed in the submittal
on September 29, 2022, (87 FR 59015).
\6\ Letter dated December 28, 2020, from Richard W. Corey,
Executive Officer, CARB, to John Busterud, Regional Administrator,
EPA Region IX (submitted electronically December 29, 2020).
---------------------------------------------------------------------------
In our proposal, we evaluated the portions of the July 2020
submittal that address the South Coast, Coachella Valley, and San
Joaquin Valley VMT offset demonstrations and the December 2020
submittal of the West Mojave Desert VMT offset demonstration against
the statutory and regulatory requirements of CAA section 182(d)(1)(A)
and 40 CFR 51.1302, and detailed our consideration of relevant Agency
guidance and court rulings. The full evaluation and discussion of our
review of the State's submittals can be found in our proposal. Therein
we proposed approval of the submittals as revisions to the California
SIP on the basis that they met the VMT emissions offset requirements of
CAA section 182(d)(1)(A) and 40 CFR 51.1302 for the 2015 ozone NAAQS.
II. Public Comments and EPA Responses
The 30-day public comment period for the notice of proposed
rulemaking closed on January 19, 2023. We did not receive any public
comments.
III. Final Action
For the reasons discussed in our proposed rule and summarized in
this document, we are finalizing our approval of the following as
revisions to the California SIP:
[ssquf] VMT emissions offset demonstration element in the July 27,
2020 CARB submittal for the Los Angeles-South Coast Air Basin (South
Coast), Riverside County (Coachella Valley), and San Joaquin Valley
ozone nonattainment areas as meeting the requirements of CAA section
182(d)(1)(A) and 40 CFR 51.1302 for the 2015 ozone NAAQS.
[ssquf] VMT emissions offset demonstration element in the December
28, 2020 CARB submittal for the Los Angeles-San Bernadino Counties
(West Mojave Desert) ozone nonattainment area as meeting the
requirements of CAA section 182(d)(1)(A) and 40 CFR 51.1302 for the
2015 ozone NAAQS.
[[Page 76141]]
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 14094 (88 FR 21879, April 11,
2023);
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); and
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.
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, this rulemaking 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).
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 State did not evaluate environmental justice considerations as
part of its SIP submittal; 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.
This final 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 Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends part 52,
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 adding paragraphs (c)(589)(ii)(A)(2)
and (c)(605) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(589) * * *
(ii) * * *
(A) * * *
(2) California Air Resources Board ``70 ppb Ozone SIP Submittal,''
section III, ``VMT Offset Demonstration,'' adopted on June 25, 2020.
* * * * *
(605) The following materials were submitted electronically on
December 29, 2020, by the Governor's designee as an attachment to a
letter dated December 28, 2020.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board.
(1) ``West Mojave Desert Vehicle-Miles Traveled Offset
Demonstration,'' adopted on October 22, 2020.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2023-24001 Filed 11-3-23; 8:45 am]
BILLING CODE 6560-50-P
