Air Quality Implementation Plans; California; San Diego County; 2008 and 2015 8-Hour Ozone Nonattainment Area Requirements, 15035-15038 [2024-04106]
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0135; FRL–9538–01–
R9]
Air Quality Implementation Plans;
California; San Diego County; 2008
and 2015 8-Hour Ozone Nonattainment
Area Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve portions of two State
implementation plan (SIP) revisions
submitted by the State of California to
meet Clean Air Act (CAA) requirements
for the 2008 8-hour ozone national
ambient air quality standards (NAAQS
or ‘‘standards’’) and the 2015 8-hour
ozone NAAQS in the San Diego County
ozone nonattainment area (‘‘San Diego
County area’’ or ‘‘area’’). The first SIP
revision, ‘‘2020 Plan for Attaining the
National Ambient Air Quality Standards
for Ozone in San Diego County’’ (‘‘2020
San Diego County Ozone SIP’’ or ‘‘2020
Plan’’), addresses most of the SIP
requirements for the area. The second
SIP revision, referred to as the ‘‘Smog
Check Certification,’’ supplements the
motor vehicle inspection and
maintenance program portion of the
2020 Plan. The EPA is taking final
action to approve the 2020 Plan, and the
San Diego County area portion of the
Smog Check Certification, as meeting all
the applicable ozone nonattainment area
requirements for the 2008 and 2015 8hour ozone NAAQS addressed by the
plan except for the emissions statement
requirement that the EPA previously
found to have been met and the
contingency measure requirements, for
which the EPA is deferring action.
DATES: This rule is effective April 1,
2024.
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SUMMARY:
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: John
J. Kelly, Air Planning Office (AIR–2–1),
EPA Region IX, 75 Hawthorne Street,
San Francisco, CA 94105; phone: (415)
947–4151; email: kelly.johnj@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. Environmental Justice Considerations
IV. EPA Action
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On December 19, 2023 (88 FR 87850),
the EPA proposed to approve all of the
‘‘2020 Plan for Attaining the National
Ambient Air Quality Standards for
Ozone in San Diego County,’’ submitted
on January 12, 2021, with two
exceptions, and the San Diego County
area vehicle inspection and
maintenance (I/M) SIP revision for the
2008 and 2015 ozone NAAQS, i.e., the
San Diego County area portion of the
‘‘California Smog Check Performance
Standard Modeling and Program
Certification for the 70 Parts Per Billion
(ppb) 8-Hour Ozone Standard’’ (also
referred to as the ‘‘Smog Check
Certification’’), submitted on April 26,
2023. The portions of the 2020 Plan on
which we did not propose action are the
portion addressing the emissions
statement requirement, which we
already approved in a separate
rulemaking, and the portion addressing
the contingency measures requirement,
for which we are deferring action.
Our December 19, 2023 proposed rule
ADDRESSES: The EPA has established a
contains more information on the plans,
docket for this action under Docket ID
our evaluation, and our rationale for
Number EPA–R09–OAR–2021–0135. All proposing approval.
documents in the docket are listed on
II. Public Comments and EPA
the https://www.regulations.gov
Responses
website. Although listed in the index,
some information is not publicly
The EPA’s proposed action provided
available, e.g., confidential business
a 30-day public comment period. During
information or other information whose this period, we received no comments.
disclosure is restricted by statute.
III. Environmental Justice
Certain other material, such as
Considerations
copyrighted material, is not placed on
This document takes final action to
the internet and will be publicly
approve certain SIP elements included
available only in hard copy form.
in the 2020 Plan and the San Diego
Publicly available docket materials are
County area portion of the Smog Check
available through https://
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15035
Certification. Information on ozone and
its relationship to negative health
impacts can be found on the EPA’s
website. We expect that this action will
generally be neutral or contribute to
reduced environmental and health
impacts on all populations in the San
Diego County area, including people of
color and low-income populations in
the area. At a minimum, the action
would not worsen any existing air
quality and is expected to ensure the
area is meeting requirements to attain
air quality standards. Further, there is
no information in the record indicating
that this action is expected to have
disproportionately high or adverse
human health or environmental effects
on a particular group of people. Lastly,
although the San Diego County Air
Pollution Control District (‘‘District’’)
did not perform an environmental
justice review specifically for the 2020
Plan, the District does implement the
State’s ‘‘Community Air Protection
Program’’ in San Diego County. This
environmental justice program
identifies specific communities based
on environmental, health, and
socioeconomic information in order to
reduce their pollution exposure.
IV. EPA Action
No comments were submitted.
Therefore, pursuant to section 110(k)(3)
of the CAA, and for the reasons
provided in our December 19, 2023
proposed rule, the EPA is taking final
action to approve into the California SIP
all of the ‘‘2020 Plan for Attaining the
National Ambient Air Quality Standards
for Ozone in San Diego County,’’
submitted to the EPA on January 12,
2021, with two exceptions, and the San
Diego County area I/M SIP revision for
the 2008 and 2015 ozone NAAQS, i.e.,
the San Diego County area portion of the
‘‘Smog Check Certification,’’ submitted
on April 26, 2023. More specifically, we
are taking final action to approve the
following portions of the 2020 Plan, as
supplemented by the Smog Check
Certification, as meeting the following
requirements:
• Base year emissions inventory
element as meeting the requirements of
CAA sections 172(c)(3) and 182(a)(1) for
the 2008 and 2015 ozone NAAQS, 40
CFR 51.1115 for the 2008 ozone
NAAQS, and 40 CFR 51.1315 for the
2015 ozone NAAQS;
• Reasonably Available Control
Measures (RACM) demonstration
element as meeting the requirements of
CAA section 172(c)(1) for the 2008 and
2015 ozone NAAQS, 40 CFR 51.1112(c)
for the 2008 ozone NAAQS, and 40 CFR
51.1312(c) for the 2015 ozone NAAQS;
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• Attainment demonstration element
for the 2008 ozone NAAQS as meeting
the requirements of CAA section
182(c)(2)(A) and 40 CFR 51.1108;
• Attainment demonstration element
for the 2015 ozone NAAQS as meeting
the requirements of CAA section
182(c)(2)(A) and 40 CFR 51.1308, and
the related commitments by the
California Air Resources Board (CARB)
(through CARB Resolution 20–29) to
achieve an aggregate emissions
reduction of 4 tpd of NOX by 2032 in
the San Diego County area and by the
District (through District Resolution 20–
166) to achieve emissions reductions of
1.7 tpd of NOX by 2032;
• Rate of Progress (ROP)
demonstration element as meeting the
requirements of CAA section 182(b)(1)
for the 2008 and 2015 ozone NAAQS, 40
CFR 51.1110(a)(2) for the 2008 ozone
NAAQS, and 40 CFR 51.1310(a)(2) for
the 2015 ozone NAAQS;
• Reasonable Further Progress (RFP)
demonstration element as meeting the
requirements of CAA sections 172(c)(2),
182(b)(1), and 182(c)(2)(B) for the 2008
and 2015 ozone NAAQS, 40 CFR
51.1110(a)(2)(i) and (ii) for the 2008
ozone NAAQS, and 40 CFR
51.1310(a)(2)(ii) for the 2015 ozone
NAAQS;
• Vehicle Miles Traveled (VMT)
emissions offset demonstration element
as meeting the requirements of CAA
section 182(d)(1)(A) for the 2008 and
2015 ozone NAAQS, 40 CFR 51.1102 for
the 2008 ozone NAAQS, and 40 CFR
51.1302 for the 2015 ozone NAAQS;
• Motor vehicle emissions budgets for
the 2020 and 2023 RFP milestone years
and the 2026 attainment year (see Table
1) because they are consistent with the
RFP and attainment demonstrations for
the 2008 ozone NAAQS approved
herein and meet the other criteria in 40
CFR 93.118(e)(4);
TABLE 1—MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 2008 OZONE NAAQS IN THE SAN DIEGO COUNTY AREA
[Summer planning inventory, tpd]
Budget year
VOC
2020 .........................................................................................................................................................................
2023 .........................................................................................................................................................................
2026 .........................................................................................................................................................................
NOX
16.3
13.6
12.1
28.1
19.3
17.3
Source: 2020 Plan, Table 3–1.
• Motor vehicle emissions budgets for
the 2023, 2026, and 2029 RFP milestone
years and the 2032 attainment year (see
Table 2) because they are consistent
with the RFP and attainment
demonstrations for the 2015 ozone
NAAQS approved herein and meet the
other criteria in 40 CFR 93.118(e)(4);
TABLE 2—MOTOR VEHICLE EMISSIONS BUDGETS FOR THE 2015 OZONE NAAQS IN THE SAN DIEGO COUNTY AREA
[Summer planning inventory, tpd]
Budget year
2023
2026
2029
2032
VOC
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
NOX
13.6
12.1
11.0
10.0
19.3
17.3
15.9
15.1
Source: 2020 Plan, Table 4–1.
• General conformity budgets (or
growth increments, in this case) for the
Department of the Navy (DoN) and
United States Marine Corps (USMC),
and for the San Diego International
Airport (SDIA), see Table 3, as meeting
the requirements of CAA section 176(c)
and 40 CFR 93.161;
TABLE 3—FACILITY-WIDE GENERAL CONFORMITY BUDGETS (INCREMENTS OF GROWTH) FOR THE DEPARTMENT OF THE
NAVY AND UNITED STATES MARINE CORPS, AND FOR THE SAN DIEGO INTERNATIONAL AIRPORT IN SAN DIEGO COUNTY
[Summer planning inventory, tpd]
Facility
VOC
DoN and USMC .......................................................................................................................................................
SDIA .........................................................................................................................................................................
1.08
0.141
NOX
8.34
1.756
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Source: 2020 Plan, pp. 18 and 19.
• Enhanced vehicle inspection and
maintenance program element in the
2020 Plan, as supplemented by the San
Diego County area portion of the Smog
Check Certification, as meeting the
requirements of CAA section 182(c)(3)
for the 2008 and 2015 ozone NAAQS, 40
CFR 51.1102 for the 2008 ozone
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NAAQS, and 40 CFR 51.1302 for the
2015 ozone NAAQS;
• Clean fuels fleet program element as
meeting the requirements of CAA
sections 182(c)(4)(A) and 246 for the
2008 and 2015 ozone NAAQS, 40 CFR
51.1102 for the 2008 ozone NAAQS, and
40 CFR 51.1302 for the 2015 ozone
NAAQS;
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• New Source Review program
element as meeting the requirements of
CAA sections 172(c)(5), 173, and
182(a)(2)(C) for the 2008 and 2015 ozone
NAAQS, 40 CFR 51.1114 for the 2008
ozone NAAQS, and 40 CFR 51.1314 for
the 2015 ozone NAAQS; and
• Enhanced monitoring element as
meeting the requirements of CAA
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section 182(c)(1) for the 2008 and 2015
ozone NAAQS, 40 CFR 51.1102 for the
2008 ozone NAAQS, and 40 CFR
51.1302 for the 2015 ozone NAAQS.
V. 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a State program;
• 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 action does not
have Tribal implications and will not
impose substantial direct costs on Tribal
governments or preempt Tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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Furthermore, Executive Order 12898,
‘‘Federal Actions To Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 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. However, as described in
section III (Environmental Justice
Considerations) of this document, the
District does participate in the State’s
environmental justice program. The
EPA did not perform an EJ analysis and
did not consider EJ in this action. Due
to the nature of this action, this action
is expected to have a neutral to positive
impact on the air quality of San Diego
County. 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, to achieve
environmental justice for people of
color, low-income populations, and
Indigenous peoples.
This action is subject to the
Congressional Review Act, and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. 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 April 30, 2024.
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
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15037
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 21, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended 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. In § 52.220, add paragraphs
(c)(581)(ii)(A)(2) through (5) and
(c)(581)(ii)(B), reserved paragraph
(c)(610), and paragraph (c)(611) to read
as follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(581) * * *
(ii) * * *
(A) * * *
(2) ‘‘2020 Plan for Attaining the
National Ambient Air Quality Standards
for Ozone in San Diego County (October
2020),’’ adopted on October 14, 2020,
excluding the ‘‘Emissions Statement
Rule Certification,’’ and the contingency
measure element.
(3) Resolution 20–166, dated October
14, 2020, adopting the ‘‘2020 Plan for
Attaining the National Ambient Air
Quality Standards for Ozone in San
Diego County (October 2020),’’
including a commitment to achieve
emissions reductions of 1.7 tons per day
of NOX by 2032 through adoption to
amendments to San Diego County Air
Pollution Control District Rules 69.4.1
and 69.2.1 and to the adoption of new
San Diego County Air Pollution Control
District Rule 69.2.2.
(4) Letter dated July 31, 2023, from
Ted Anasis, Manager, Airport Planning,
San Diego International Airport, to Nick
Cormier, San Diego County Air
Pollution Control District.
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AGENCY:
changes to the State regulations and also
aligns compliance testing requirements
to make it consistent with EPA’s kraft
pulp mills new source performance
standards. EPA is also notifying the
public that we have received a CAA
section 111(d) negative declaration from
Arkansas for existing sulfuric acid
plants subject to the Sulfuric Acid
Plants EG. This negative declaration
certifies that existing sulfuric acid
plants subject to the Sulfuric Acid
Plants EG and the requirements of
sections 111(d) of the CAA do not exist
within Arkansas. The EPA is approving
the State plan revision for existing kraft
pulp mills, accepting the negative
declaration for existing sulfuric acid
plants, withdrawing its approval of the
Arkansas State plan for existing sulfuric
acid plants, and amending the agency
regulations in accordance with the
requirements of the CAA.
DATES: This rule is effective on April 1,
2024. The incorporation by reference of
certain material listed in the rule is
approved by the Director of the Federal
Register April 1, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2022–0984. 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 statute.
Certain other material, such as
copyrighted material, is not placed on
the internet. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Karolina Ruan Lei, EPA Region 6 Office,
Air and Radiation Division—State
Planning and Implementation Branch,
(214) 665–7346, ruan-lei.karolina@
epa.gov. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving the CAA section 111(d)
State plan revision submitted by the
State of Arkansas for existing kraft pulp
mills subject to the Kraft Pulp Mills
Emission Guidelines (EG). The Arkansas
section 111(d) plan revision for kraft
pulp mills contains administrative
I. Background
The background for this action is
discussed in detail in our October 23,
2023 proposal (88 FR 72723). In that
document we proposed to approve the
Arkansas State plan revision for existing
kraft pulp mills, accept the negative
declaration for existing sulfuric acid
plants and withdraw approval of the
Arkansas State plan for existing sulfuric
acid plants, and amend the agency
regulations at 40 CFR part 62, subpart E,
(5) Letter dated August 16, 2023, from
J.C. Golumbfskie-Jones, Fleet
Environmental Director, Commander
Navy Region Southwest, Department of
the Navy, to Paula Forbis, Air Pollution
Control Officer, San Diego County Air
Pollution Control District.
(B) California Air Resources Board.
(1) Resolution 20–29, dated November
19, 2020, adopting a commitment to
achieve an aggregate emissions
reduction of 4.0 tons per day of NOX in
San Diego County by 2032 and a
commitment from the California Air
Resources Board to propose to the Board
the Heavy-Duty Engine and Vehicle
Omnibus Regulation, Advanced Clean
Trucks Regulation, and Heavy Duty
Vehicle Inspection Program and
Periodic Smoke Inspection Program.
(2) [Reserved]
*
*
*
*
*
(610) [Reserved]
(611) The following materials were
submitted on April 26, 2023, by the
Governor’s designee.
(i) [Reserved]
(ii) Additional materials. (A)
California Air Resources Board.
(1) The San Diego County area portion
of the ‘‘California Smog Check
Performance Standard Modeling and
Program Certification for the 70 Parts
Per Billion (ppb) 8-Hour Ozone
Standard,’’ adopted on March 23, 2023.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2024–04106 Filed 2–29–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R06–OAR–2022–0984; FRL–11401–
02–R6]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; Arkansas;
Negative Declaration for Existing
Sulfuric Acid Plants; Plan Revision for
Existing Kraft Pulp Mills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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SUMMARY:
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in accordance with the requirements of
the CAA. EPA proposed to find that
Arkansas’ submittal, submitted by
Arkansas Department of Energy and
Environment, Division of
Environmental Quality (ADEQ) on June
20, 2022, and supplemented on August
24, 2022, and August 31, 2022, meets
the CAA section 111(d) requirements for
plan revisions, negative declarations,
and plan approval withdrawals in
accordance with 40 CFR part 60, subpart
B, 40 CFR part 62, subpart A, and the
applicable EG requirements.
We did not receive any comments
regarding our proposal.
II. Final Action
In this final action, the EPA is
amending 40 CFR part 62, subpart E, to
reflect EPA’s approval of the Arkansas
plan revision for existing kraft pulp
mills, acceptance of the Arkansas
negative declaration for existing sulfuric
acid plants, and the withdrawal of
EPA’s approval of the Arkansas State
plan for existing sulfuric acid plants.
EPA takes this action in accordance
with the requirements under section
111(d) of the CAA.
III. Environmental Justice
Considerations
Information on Executive Order 12898
(Federal Actions To Address
Environmental Justice in Minority
Populations and Low-Income
Populations, 59 FR 7629, February 16,
1994) and how EPA defines
environmental justice can be found in
the section titled ‘‘Statutory and
Executive Order Reviews’’ in this final
rule. EPA provided additional analysis
of environmental justice associated with
this action in our October 23, 2023
proposal (88 FR 72723) for the purpose
of providing additional context and
information about this rulemaking to the
public, not as a basis of the action.
This final action is approving
Arkansas’s June 20, 2022, CAA section
111(d) plan revision for kraft pulp mills
and accepting Arkansas’s negative
declaration for existing sulfuric acid
plants; changes from the previously
approved Arkansas plan for kraft pulp
mills are discussed under the section
titled ‘‘The EPA’s Evaluation’’ in the
proposed rule for this action (88 FR
72723, October 23, 2023). Total reduced
sulfur (TRS) is considered a welfarerelated pollutant. Information on TRS
and its relationship to negative health
impacts can be found at the Federal
Register document titled ‘‘Kraft Pulp
Mills, Notice of Availability of Final
Guideline Document’’ (44 FR 29828,
May 22, 1979). We expect that this
action will generally have neutral
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[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15035-15038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04106]
[[Page 15035]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0135; FRL-9538-01-R9]
Air Quality Implementation Plans; California; San Diego County;
2008 and 2015 8-Hour Ozone Nonattainment Area Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of two State implementation plan (SIP)
revisions submitted by the State of California to meet Clean Air Act
(CAA) requirements for the 2008 8-hour ozone national ambient air
quality standards (NAAQS or ``standards'') and the 2015 8-hour ozone
NAAQS in the San Diego County ozone nonattainment area (``San Diego
County area'' or ``area''). The first SIP revision, ``2020 Plan for
Attaining the National Ambient Air Quality Standards for Ozone in San
Diego County'' (``2020 San Diego County Ozone SIP'' or ``2020 Plan''),
addresses most of the SIP requirements for the area. The second SIP
revision, referred to as the ``Smog Check Certification,'' supplements
the motor vehicle inspection and maintenance program portion of the
2020 Plan. The EPA is taking final action to approve the 2020 Plan, and
the San Diego County area portion of the Smog Check Certification, as
meeting all the applicable ozone nonattainment area requirements for
the 2008 and 2015 8-hour ozone NAAQS addressed by the plan except for
the emissions statement requirement that the EPA previously found to
have been met and the contingency measure requirements, for which the
EPA is deferring action.
DATES: This rule is effective April 1, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R09-OAR-2021-0135. 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 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: John J. Kelly, Air Planning Office
(AIR-2-1), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105;
phone: (415) 947-4151; email: [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. Environmental Justice Considerations
IV. EPA Action
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On December 19, 2023 (88 FR 87850), the EPA proposed to approve all
of the ``2020 Plan for Attaining the National Ambient Air Quality
Standards for Ozone in San Diego County,'' submitted on January 12,
2021, with two exceptions, and the San Diego County area vehicle
inspection and maintenance (I/M) SIP revision for the 2008 and 2015
ozone NAAQS, i.e., the San Diego County area portion of the
``California Smog Check Performance Standard Modeling and Program
Certification for the 70 Parts Per Billion (ppb) 8-Hour Ozone
Standard'' (also referred to as the ``Smog Check Certification''),
submitted on April 26, 2023. The portions of the 2020 Plan on which we
did not propose action are the portion addressing the emissions
statement requirement, which we already approved in a separate
rulemaking, and the portion addressing the contingency measures
requirement, for which we are deferring action.
Our December 19, 2023 proposed rule contains more information on
the plans, our evaluation, and our rationale for proposing approval.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. Environmental Justice Considerations
This document takes final action to approve certain SIP elements
included in the 2020 Plan and the San Diego County area portion of the
Smog Check Certification. Information on ozone and its relationship to
negative health impacts can be found on the EPA's website. We expect
that this action will generally be neutral or contribute to reduced
environmental and health impacts on all populations in the San Diego
County area, including people of color and low-income populations in
the area. At a minimum, the action would not worsen any existing air
quality and is expected to ensure the area is meeting requirements to
attain air quality standards. Further, there is no information in the
record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people. Lastly, although the San Diego
County Air Pollution Control District (``District'') did not perform an
environmental justice review specifically for the 2020 Plan, the
District does implement the State's ``Community Air Protection
Program'' in San Diego County. This environmental justice program
identifies specific communities based on environmental, health, and
socioeconomic information in order to reduce their pollution exposure.
IV. EPA Action
No comments were submitted. Therefore, pursuant to section
110(k)(3) of the CAA, and for the reasons provided in our December 19,
2023 proposed rule, the EPA is taking final action to approve into the
California SIP all of the ``2020 Plan for Attaining the National
Ambient Air Quality Standards for Ozone in San Diego County,''
submitted to the EPA on January 12, 2021, with two exceptions, and the
San Diego County area I/M SIP revision for the 2008 and 2015 ozone
NAAQS, i.e., the San Diego County area portion of the ``Smog Check
Certification,'' submitted on April 26, 2023. More specifically, we are
taking final action to approve the following portions of the 2020 Plan,
as supplemented by the Smog Check Certification, as meeting the
following requirements:
Base year emissions inventory element as meeting the
requirements of CAA sections 172(c)(3) and 182(a)(1) for the 2008 and
2015 ozone NAAQS, 40 CFR 51.1115 for the 2008 ozone NAAQS, and 40 CFR
51.1315 for the 2015 ozone NAAQS;
Reasonably Available Control Measures (RACM) demonstration
element as meeting the requirements of CAA section 172(c)(1) for the
2008 and 2015 ozone NAAQS, 40 CFR 51.1112(c) for the 2008 ozone NAAQS,
and 40 CFR 51.1312(c) for the 2015 ozone NAAQS;
[[Page 15036]]
Attainment demonstration element for the 2008 ozone NAAQS
as meeting the requirements of CAA section 182(c)(2)(A) and 40 CFR
51.1108;
Attainment demonstration element for the 2015 ozone NAAQS
as meeting the requirements of CAA section 182(c)(2)(A) and 40 CFR
51.1308, and the related commitments by the California Air Resources
Board (CARB) (through CARB Resolution 20-29) to achieve an aggregate
emissions reduction of 4 tpd of NOX by 2032 in the San Diego
County area and by the District (through District Resolution 20-166) to
achieve emissions reductions of 1.7 tpd of NOX by 2032;
Rate of Progress (ROP) demonstration element as meeting
the requirements of CAA section 182(b)(1) for the 2008 and 2015 ozone
NAAQS, 40 CFR 51.1110(a)(2) for the 2008 ozone NAAQS, and 40 CFR
51.1310(a)(2) for the 2015 ozone NAAQS;
Reasonable Further Progress (RFP) demonstration element as
meeting the requirements of CAA sections 172(c)(2), 182(b)(1), and
182(c)(2)(B) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1110(a)(2)(i)
and (ii) for the 2008 ozone NAAQS, and 40 CFR 51.1310(a)(2)(ii) for the
2015 ozone NAAQS;
Vehicle Miles Traveled (VMT) emissions offset
demonstration element as meeting the requirements of CAA section
182(d)(1)(A) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102 for the
2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS;
Motor vehicle emissions budgets for the 2020 and 2023 RFP
milestone years and the 2026 attainment year (see Table 1) because they
are consistent with the RFP and attainment demonstrations for the 2008
ozone NAAQS approved herein and meet the other criteria in 40 CFR
93.118(e)(4);
Table 1--Motor Vehicle Emissions Budgets for the 2008 Ozone NAAQS in the
San Diego County Area
[Summer planning inventory, tpd]
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2020.................................... 16.3 28.1
2023.................................... 13.6 19.3
2026.................................... 12.1 17.3
------------------------------------------------------------------------
Source: 2020 Plan, Table 3-1.
Motor vehicle emissions budgets for the 2023, 2026, and
2029 RFP milestone years and the 2032 attainment year (see Table 2)
because they are consistent with the RFP and attainment demonstrations
for the 2015 ozone NAAQS approved herein and meet the other criteria in
40 CFR 93.118(e)(4);
Table 2--Motor Vehicle Emissions Budgets for the 2015 Ozone NAAQS in the
San Diego County Area
[Summer planning inventory, tpd]
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2023.................................... 13.6 19.3
2026.................................... 12.1 17.3
2029.................................... 11.0 15.9
2032.................................... 10.0 15.1
------------------------------------------------------------------------
Source: 2020 Plan, Table 4-1.
General conformity budgets (or growth increments, in this
case) for the Department of the Navy (DoN) and United States Marine
Corps (USMC), and for the San Diego International Airport (SDIA), see
Table 3, as meeting the requirements of CAA section 176(c) and 40 CFR
93.161;
Table 3--Facility-wide General Conformity Budgets (Increments of Growth)
for the Department of the Navy and United States Marine Corps, and for
the San Diego International Airport in San Diego County
[Summer planning inventory, tpd]
------------------------------------------------------------------------
Facility VOC NOX
------------------------------------------------------------------------
DoN and USMC............................ 1.08 8.34
SDIA.................................... 0.141 1.756
------------------------------------------------------------------------
Source: 2020 Plan, pp. 18 and 19.
Enhanced vehicle inspection and maintenance program
element in the 2020 Plan, as supplemented by the San Diego County area
portion of the Smog Check Certification, as meeting the requirements of
CAA section 182(c)(3) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102
for the 2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS;
Clean fuels fleet program element as meeting the
requirements of CAA sections 182(c)(4)(A) and 246 for the 2008 and 2015
ozone NAAQS, 40 CFR 51.1102 for the 2008 ozone NAAQS, and 40 CFR
51.1302 for the 2015 ozone NAAQS;
New Source Review program element as meeting the
requirements of CAA sections 172(c)(5), 173, and 182(a)(2)(C) for the
2008 and 2015 ozone NAAQS, 40 CFR 51.1114 for the 2008 ozone NAAQS, and
40 CFR 51.1314 for the 2015 ozone NAAQS; and
Enhanced monitoring element as meeting the requirements of
CAA
[[Page 15037]]
section 182(c)(1) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102 for
the 2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS.
V. 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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
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 action does not have Tribal implications and will
not impose substantial direct costs on Tribal governments or preempt
Tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
Furthermore, Executive Order 12898, ``Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 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. However,
as described in section III (Environmental Justice Considerations) of
this document, the District does participate in the State's
environmental justice program. The EPA did not perform an EJ analysis
and did not consider EJ in this action. Due to the nature of this
action, this action is expected to have a neutral to positive impact on
the air quality of San Diego County. 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, to
achieve environmental justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 April 30, 2024. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 21, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended 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. In Sec. 52.220, add paragraphs (c)(581)(ii)(A)(2) through (5) and
(c)(581)(ii)(B), reserved paragraph (c)(610), and paragraph (c)(611) to
read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(581) * * *
(ii) * * *
(A) * * *
(2) ``2020 Plan for Attaining the National Ambient Air Quality
Standards for Ozone in San Diego County (October 2020),'' adopted on
October 14, 2020, excluding the ``Emissions Statement Rule
Certification,'' and the contingency measure element.
(3) Resolution 20-166, dated October 14, 2020, adopting the ``2020
Plan for Attaining the National Ambient Air Quality Standards for Ozone
in San Diego County (October 2020),'' including a commitment to achieve
emissions reductions of 1.7 tons per day of NOX by 2032
through adoption to amendments to San Diego County Air Pollution
Control District Rules 69.4.1 and 69.2.1 and to the adoption of new San
Diego County Air Pollution Control District Rule 69.2.2.
(4) Letter dated July 31, 2023, from Ted Anasis, Manager, Airport
Planning, San Diego International Airport, to Nick Cormier, San Diego
County Air Pollution Control District.
[[Page 15038]]
(5) Letter dated August 16, 2023, from J.C. Golumbfskie-Jones,
Fleet Environmental Director, Commander Navy Region Southwest,
Department of the Navy, to Paula Forbis, Air Pollution Control Officer,
San Diego County Air Pollution Control District.
(B) California Air Resources Board.
(1) Resolution 20-29, dated November 19, 2020, adopting a
commitment to achieve an aggregate emissions reduction of 4.0 tons per
day of NOX in San Diego County by 2032 and a commitment from
the California Air Resources Board to propose to the Board the Heavy-
Duty Engine and Vehicle Omnibus Regulation, Advanced Clean Trucks
Regulation, and Heavy Duty Vehicle Inspection Program and Periodic
Smoke Inspection Program.
(2) [Reserved]
* * * * *
(610) [Reserved]
(611) The following materials were submitted on April 26, 2023, by
the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) The San Diego County area portion of the ``California Smog
Check Performance Standard Modeling and Program Certification for the
70 Parts Per Billion (ppb) 8-Hour Ozone Standard,'' adopted on March
23, 2023.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2024-04106 Filed 2-29-24; 8:45 am]
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