Rule2021-22165
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; West Mojave Desert, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 18, 2021
Effective
November 17, 2021
Issuing agencies
Environmental Protection Agency
Abstract
On September 27, 2021, the Environmental Protection Agency (EPA) issued a final rule titled "Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area Requirements; West Mojave Desert, California." That publication incorrectly listed the transportation conformity budgets for the West Mojave Desert Nonattainment Area (West Mojave Desert) for the 2008 ozone NAAQS. Additionally, the regulatory text in that publication inadvertently included portions of the State's submittal addressing contingency measures for failure to attain or to make reasonable further progress (RFP). This document corrects these errors and amends the regulatory text.
Full Text
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<title>Federal Register, Volume 86 Issue 198 (Monday, October 18, 2021)</title>
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[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Rules and Regulations]
[Pages 57586-57587]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22165]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2020-0254; FRL-8727-03-R9]
Clean Air Plans; 2008 8-Hour Ozone Nonattainment Area
Requirements; West Mojave Desert, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendment.
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SUMMARY: On September 27, 2021, the Environmental Protection Agency
(EPA) issued a final rule titled ``Clean Air Plans; 2008 8-Hour Ozone
Nonattainment Area Requirements; West Mojave Desert, California.'' That
publication incorrectly listed the transportation conformity budgets
for the West Mojave Desert Nonattainment Area (West Mojave Desert) for
the 2008 ozone NAAQS. Additionally, the regulatory text in that
publication inadvertently included portions of the State's submittal
addressing contingency measures for failure to attain or to make
reasonable further progress (RFP). This document corrects these errors
and amends the regulatory text.
DATES: This rule will be effective on November 17, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0254. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415)
972-3856, or by email at <a href="/cdn-cgi/l/email-protection#d5beb0b9b9acfba1bdbab8b4a6a595b0a5b4fbb2baa3"><span class="__cf_email__" data-cfemail="4d262821213463392522202c3e3d0d283d2c632a223b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On September 27, 2021, the EPA issued a
final rule titled ``Clean Air Plans; 2008 8-Hour Ozone Nonattainment
Area Requirements; West Mojave Desert, California.'' \1\ That
publication incorrectly listed the transportation conformity budgets
provided in Table VI-3 of the ``2018 Updates to the California State
Implementation Plan'' (``2018 SIP Update'').\2\ The corrected values
for the transportation conformity budgets are shown in Table 1 below.
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\1\ 86 FR 53223.
\2\ Letter dated December 5, 2018, from Richard Corey, Executive
Officer, CARB, to Mike Stoker, Regional Administrator, EPA Region
IX, and electronically transmitted to the EPA's State Planning
Electronic Collaboration System on December 11, 2018.
Table 1--Transportation Conformity Budgets for 2020, 2023 and 2026 for
the 2008 Ozone NAAQS in the West Mojave Desert
[Average summer weekday, tons per day] \a\
------------------------------------------------------------------------
Budget year VOC NOX
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2020................................................... 7.9 17.6
2023................................................... 6.8 11.0
2026................................................... 6.2 10.2
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\a\ Source: Table VI-3 from the 2018 SIP Update.
Other aspects of our final action regarding transportation
conformity budgets are accurately described in the final rule, and the
correct numbers were included in our May 10, 2021 proposed rule for
this action.\3\
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\3\ 86 FR 24809.
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Additionally, while the final rule deferred action on the
attainment plan's contingency measures for failure to attain or to make
RFP, the regulatory text adopted by the final rule inadvertently
included portions of the State's submittals related to the contingency
measures element. This action corrects the regulatory text at 40 CFR
52.220(c)(514)(ii)(A)(9) and 40 CFR 52.220(c)(563)(ii)(A)(1),
(c)(563)(ii)(B)(1), and (c)(563)(ii)(C)(1) to specify that these
portions of the submittals are excluded from the EPA's approval.
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA)
[[Page 57587]]
which, upon finding ``good cause,'' authorizes agencies to dispense
with public participation where public notice and comment procedures
are impracticable, unnecessary, or contrary to the public interest.
Public notice and comment for this action are unnecessary because the
underlying rule for which this correcting amendment has been prepared
was already subject to a 30-day comment period, and this action merely
corrects an error in the rule text. Further, this action is consistent
with the purpose and rationale of the final rule, which is corrected
herein. Because this action does not change the EPA's analyses or
overall actions, no purpose would be served by additional public notice
and comment. Consequently, additional public notice and comment are
unnecessary.
Statutory and Executive Order Reviews
This action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is not subject to the regulatory flexibility provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Is not subject to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4);
<bullet> Does not impose a significant intergovernmental mandate or
significantly or uniquely affect small governments, as described in
sections 203 and 204 of the UMRA;
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because this error correction action does not involve technical
standards; and
<bullet> Does not involve special consideration of environmental
justice related issues as required by Executive Order 12898 (59 FR
7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act (CRA) (5 U.S.C. 801 et seq.), as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. This
correction to 40 CFR part 52 for California is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 5, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends chapter I,
title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by revising paragraphs (c)(514)(ii)(A)(9),
(c)(563)(ii)(A)(1), (c)(563)(ii)(B)(1), and (c)(563)(ii)(C)(1) to read
as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(514) * * *
(ii) * * *
(A) * * *
(9) 2018 Updates to the California State Implementation Plan,
adopted on October 25, 2018, chapter VI (``SIP Elements for the Western
Mojave Desert''), excluding section VI.D (``Contingency Measures'');
and pages A-19 through A-22 of Appendix A (``Nonattainment Area
Inventories'').
* * * * *
(563) * * *
(ii) * * *
(A) * * *
(1) CARB Review of the Mojave Desert AQMD and Antelope Valley AQMD
Federal 75 ppb Ozone Attainment Plans for the Western Mojave Desert
Nonattainment Area, released April 21, 2017, excluding section V.D
(``Contingency Measures'').
* * * * *
(B) * * *
(1) AVAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave
Desert Nonattainment Area), adopted on March 21, 2017, except the
following portions: Chapter 2--Emission Inventories; ``Contingency
Measures'' (page 18); ``Reasonable Further Progress Requirements,''
including Table 3 (pages 18-20); ``Conformity Budgets'' (page 21);
``Transportation Conformity,'' including Table 4 (pages 21-23);
Appendix A--Base Year Emission Inventory; and Appendix B--Future Year
Emission Inventories.
* * * * *
(C) * * *
(1) MDAQMD Federal 75 ppb Ozone Attainment Plan (Western Mojave
Desert Nonattainment Area), adopted on February 27, 2017, except the
following portions: Chapter 2--Emission Inventories; ``Contingency
Measures'' (page 20); ``Reasonable Further Progress Requirements,''
including Table 3 (pages 20-22); ``Conformity Budgets'' (page 23);
``Transportation Conformity,'' including Table 4 (pages 23-25);
Appendix A--Base Year Emission Inventory; and Appendix B--Future Year
Emission Inventories.
* * * * *
[FR Doc. 2021-22165 Filed 10-15-21; 8:45 am]
BILLING CODE 6560-50-P
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