Rule2022-22276
Determination of Attainment by the Attainment Date But for International Emissions for the 2015 Ozone National Ambient Air Quality Standard; Imperial County, California
Primary source
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Published
October 20, 2022
Effective
November 21, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or "Agency") is determining that the Imperial County nonattainment area would have attained the 2015 ozone national ambient air quality standard (NAAQS) by the August 3, 2021 "Marginal" area attainment date, but for emissions emanating from outside the United States. As a result of this final action, the Imperial County nonattainment area will no longer be subject to the Clean Air Act (CAA) requirements pertaining to reclassification upon failure to attain and therefore will remain classified as a Marginal nonattainment area for the 2015 ozone NAAQS. This action discharges the EPA's statutory obligation to determine whether the Imperial County ozone nonattainment area attained the NAAQS by the attainment date.
Full Text
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<title>Federal Register, Volume 87 Issue 202 (Thursday, October 20, 2022)</title>
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[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63701-63703]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22276]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2022-0501; FRL-10106-02-R9]
Determination of Attainment by the Attainment Date But for
International Emissions for the 2015 Ozone National Ambient Air Quality
Standard; Imperial County, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
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SUMMARY: The Environmental Protection Agency (EPA or ``Agency'') is
determining that the Imperial County nonattainment area would have
attained the 2015 ozone national ambient air quality standard (NAAQS)
by the August 3, 2021 ``Marginal'' area attainment date, but for
emissions emanating from outside the United States. As a result of this
final action, the Imperial County nonattainment area will no longer be
subject to the Clean Air Act (CAA) requirements pertaining to
reclassification upon failure to attain and therefore will remain
classified as a Marginal nonattainment area for the 2015 ozone NAAQS.
This action discharges the EPA's statutory obligation to determine
whether the Imperial County ozone nonattainment area attained the NAAQS
by the attainment date.
DATES: This final action is effective on November 21, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0501. 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.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3964, or by email at <a href="/cdn-cgi/l/email-protection#790f181e1c17180a571e10171e1c0b391c0918571e160f"><span class="__cf_email__" data-cfemail="671106000209061449000e090002152702170649000811">[email protected]</span></a>.
[[Page 63702]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On August 15, 2022, the EPA proposed to determine, based on a
demonstration submitted by the State of California, that the Imperial
County nonattainment area \1\ would have attained the 2015 ozone NAAQS
\2\ by the ``Marginal'' area attainment date of August 3, 2021, but for
emissions emanating from outside of the United States (specifically,
from Mexico), and therefore is not subject to the CAA requirements
pertaining to reclassification upon failure to attain.\3\ This
demonstration, entitled ``Imperial County Clean Air Act Section 179B(b)
Analysis for the 70 ppb 8-Hour Ozone Standard,'' was submitted by the
California Air Resources Board (CARB) on August 16, 2021. CARB
submitted additional information on November 24, 2021. Using several
lines of evidence, CARB evaluated whether, and the extent to which,
ambient ozone levels in Imperial County are affected by emissions
emanating from northern Mexico.
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\1\ The Imperial County nonattainment area for the 2015 ozone
standard includes the entire county. Both the Quechan Tribe of the
Fort Yuma Indian Reservation and the Torres Martinez Desert Cahuilla
Indians have lands within Imperial County. A precise description of
the Imperial County ozone nonattainment area is contained in 40 CFR
81.305.
\2\ Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NO<INF>X</INF>) in the presence of sunlight. On October 26, 2015,
the EPA revised the NAAQS for ozone to establish a new 8-hour ozone
standard. 80 FR 65452. In that action, the EPA promulgated identical
revised primary and secondary ozone standards designed to protect
public health and welfare that specified an 8-hour ozone level of
0.070 parts per million (ppm). Because the 2015 primary and
secondary NAAQS for ozone are identical, for convenience, the EPA
refers to them in the singular as ``the 2015 ozone NAAQS'' or as
``the standard.''
\3\ 87 FR 50030.
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In our proposed rule, we provided background information on the
ozone standard, area designations and related SIP requirements for
Marginal ozone nonattainment areas under the CAA, and information on
the provisions of CAA section 179B, entitled ``International Border
Areas.'' We also provided our analysis of CARB's demonstration and the
rationale for our conclusion that Imperial County would have attained
the 2015 ozone NAAQS, but for emissions emanating from Mexico. We
stated that, if our proposed determination were to be finalized, the
EPA's obligation under CAA section 181(b)(2)(A) to determine whether
the area attained by its attainment date would not apply and the area
would not be reclassified. The area would remain designated
nonattainment and thus the State would continue to comply with
applicable requirements for a Marginal ozone nonattainment area.
Please see our proposed rule for more information concerning the
background for this action and for a more detailed discussion of the
rationale for our determination that Imperial County would have
attained the 2015 ozone NAAQS by the Marginal area attainment date of
August 3, 2021, but for emissions emanating from Mexico.
II. Public Comment
The public comment period on the proposed rule opened on August 15,
2022, the date of its publication in the Federal Register, and closed
on September 14, 2022. We did not receive any public comments.
III. Final Action
For the reasons discussed in detail in the proposed rule and
summarized herein, the EPA is taking final action under CAA section
179B(b) to determine, consistent with our evaluation of the ``Imperial
County Clean Air Act Section 179B(b) Analysis for the 70 ppb 8-Hour
Ozone Standard,'' that the Imperial County nonattainment area would
have attained the 2015 ozone NAAQS by the Marginal area attainment date
of August 3, 2021, but for emissions emanating from Mexico. Therefore,
the EPA's obligation under section 181(b)(2)(A) to determine whether
the area attained by its attainment date no longer applies. The area
will not be reclassified and will remain a Marginal nonattainment area.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is exempt from review by the Office of Management and
Budget because it responds to the CAA requirement to determine whether
areas designated nonattainment for an ozone NAAQS attained the standard
by the applicable attainment date.
B. Paperwork Reduction Act (PRA)
This rulemaking does not impose any new information collection
burden under the PRA not already approved by the Office of Management
and Budget. This action does not contain any information collection
activities and serves only to make final a determination that the
Imperial County Marginal nonattainment area would have attained the
2015 ozone standard by the August 3, 2021 attainment date but for
international emissions.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The
determination that the Imperial County Marginal nonattainment area
would have attained the 2015 ozone standard by the August 3, 2021
attainment date but for international emissions does not in and of
itself create any new requirements beyond what is mandated by the CAA.
Instead, this rulemaking only makes a factual determination, and does
not directly regulate any entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the Federal Government and the
states for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action has tribal implications. However, it will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law.
The EPA has identified two tribal areas located within the Imperial
County nonattainment area, which is the subject of this action
determining the area would have attained the 2015 ozone NAAQS, but for
emissions emanating from outside the United States. The EPA invited the
Quechan Tribe of the Fort Yuma Indian
[[Page 63703]]
Reservation and the Torres Martinez Desert Cahuilla Indians to engage
in government-to-government consultation in advance of our proposed
action and communicated with the tribes after the Agency issued the
proposed rule. The EPA did not receive any requests to consult on this
action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. The EPA's evaluation of this issue is
contained in the section of the preamble to the proposed rule titled
``Environmental Justice Considerations.''
K. Congressional Review Act (CRA)
This rulemaking is exempt from the CRA because it is a rulemaking
of particular applicability. The rulemaking makes factual
determinations for specific entities and does not directly regulate any
entities. The determination of attainment does not in itself create any
new requirements beyond what is mandated by the CAA.
L. Judicial Review
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 December 19, 2022. Filing a
petition for reconsideration by the Administrator of this final action
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
40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-22276 Filed 10-19-22; 8:45 am]
BILLING CODE 6560-50-P
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