Rule2023-09058
Clean Air Plans; 2015 8-Hour Ozone Nonattainment Area Requirements; Clean Fuels or Advanced Control Technology for Boilers; San Joaquin Valley and Los Angeles-South Coast Air Basin, California
Primary source
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Published
May 8, 2023
Effective
June 7, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the California State Implementation Plan (SIP) concerning the provisions for clean fuels or advanced control technology for boilers for the 2015 ozone national ambient air quality standards ("2015 ozone NAAQS") in the San Joaquin Valley and Los Angeles--South Coast Air Basin, California ("South Coast") ozone nonattainment areas. The SIP revisions include the "Certification that the San Joaquin Valley Unified Air Pollution Control District's Current Rules Address the Clean Air Act's Clean Fuels for Boilers Requirements for the 2015 8-hour Ozone Standard" for San Joaquin Valley ("2021 San Joaquin Valley Certification") and the "Clean Fuels for Boilers Compliance Demonstration for the South Coast Air Basin" for South Coast ("2021 South Coast Certification"), both submitted on August 3, 2021. We are approving these revisions under the Clean Air Act (CAA or "the Act"), which establishes clean fuels or advanced control technology for boilers requirements for "Extreme" ozone nonattainment areas.
Full Text
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<title>Federal Register, Volume 88 Issue 88 (Monday, May 8, 2023)</title>
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[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Rules and Regulations]
[Pages 29539-29541]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09058]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0926; FRL-10482-02-R9]
Clean Air Plans; 2015 8-Hour Ozone Nonattainment Area
Requirements; Clean Fuels or Advanced Control Technology for Boilers;
San Joaquin Valley and Los Angeles--South Coast Air Basin, California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the California State Implementation Plan
(SIP) concerning the provisions for clean fuels or advanced control
technology for boilers for the 2015 ozone national ambient air quality
standards (``2015 ozone NAAQS'') in the San Joaquin Valley and Los
Angeles--South Coast Air Basin, California (``South Coast'') ozone
nonattainment areas. The SIP revisions include the ``Certification that
the San Joaquin Valley Unified Air Pollution Control District's Current
Rules Address the Clean Air Act's Clean Fuels for Boilers Requirements
for the 2015 8-hour Ozone Standard'' for San Joaquin Valley (``2021 San
Joaquin Valley Certification'') and the ``Clean Fuels for Boilers
Compliance Demonstration for the South Coast Air Basin'' for South
Coast (``2021 South Coast Certification''), both submitted on August 3,
2021. We are approving these revisions under the Clean Air Act (CAA or
``the Act''), which establishes clean fuels or advanced control
technology for boilers requirements for ``Extreme'' ozone nonattainment
areas.
DATES: This rule is effective June 7, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0926. 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 a
disability who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Khoi Nguyen, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105. By phone: (415) 947-4120 or
by email at <a href="/cdn-cgi/l/email-protection#d7b9b0a2aeb2b9f9bcbfb8be97b2a7b6f9b0b8a1"><span class="__cf_email__" data-cfemail="6e00091b170b0040050601072e0b1e0f40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On January 30, 2023, the EPA proposed to approve as a revision to
the California SIP the provisions in the San Joaquin Valley and South
Coast for clean fuels or advanced control technology for boilers as
meeting the requirements of CAA section 182(e)(3) and 40 CFR
51.1302.\1\ Our proposed approval was based on our evaluation of the
2021 San Joaquin Valley Certification and the 2021 South Coast
Certification. In our proposed rulemaking, we provided background
information on the 2015 ozone standards, area designations in
California, and related clean fuels for boilers SIP revision
requirements. Table 1 of this document lists the certifications
addressed by our proposed action.
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\1\ 88 FR 5835 (January 30, 2023).
[[Page 29540]]
Table 1--Clean Fuels for Boilers Certifications Submitted as Revisions to the California SIP
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District Nonattainment area Date adopted Title
----------------------------------------------------------------------------------------------------------------
San Joaquin Valley Air Pollution San Joaquin Valley... June 17, 2021........ Certification that the San
Control District. Joaquin Valley Unified Air
Pollution Control District's
Current Rules Address the
Clean Air Act's Clean Fuels
for Boilers Requirements for
the 2015 8-Hour Ozone
Standard.
South Coast Air Quality Management South Coast Air Basin June 4, 2021......... Clean Fuels for Boilers
District. Compliance Demonstration for
the South Coast Air Basin.\a\
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\a\ The ``Clean Fuels for Boilers Compliance Demonstration for the South Coast Air Basin'' is part of the
document titled ``Final Certification of Nonattainment New Source Review and Clean Fuels for Boilers
Compliance Demonstration for 2015 8-hour Ozone Standard.'' The latter document consists of two demonstrations:
(1) Nonattainment New Source Review (NSR) Compliance Demonstration for the South Coast Air Basin and the
Coachella Valley and (2) Clean Fuels for Boilers Compliance Demonstration for the South Coast Air Basin. In
the proposed action, we were evaluating and proposing action on the ``Clean Fuels for Boilers Compliance
Demonstration for the South Coast Air Basin.''
In this rulemaking, we are taking final action to approve the 2021
San Joaquin Valley Certification and the 2021 South Coast
Certification. Please refer to our proposed rule for more information
concerning the background for this action and for a more detailed
discussion of the rationale for approval.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, the EPA received one anonymous comment unrelated to
the rulemaking. The EPA has determined that the comment fails to raise
issues germane to our proposed finding that the two submitted
certifications satisfy the requirements of CAA section 182(e)(3) and 40
CFR 51.1302. Therefore, we have determined that this comment does not
necessitate a response, and the EPA will not provide a specific
response to the comment in this document. The full text of the comment
is available in the docket for this rulemaking.
III. EPA Action
No comments were submitted that change our assessment of the two
certifications as described in our proposed action. Therefore, as
authorized in section 110(k)(3) of the CAA, the EPA is taking final
action to approve as a revision to the California SIP the 2021 San
Joaquin Valley Certification and the 2021 South Coast Certification,
both submitted on August 3, 2021. Specifically, the elements we are
approving are:
<bullet> Provisions in the San Joaquin Valley for clean fuels or
advanced control technology for boilers as meeting the requirements of
CAA section 182(e)(3) and 40 CFR 51.1302 based on the 2021 San Joaquin
Valley Certification; and
<bullet> Provisions in the South Coast for clean fuels or advanced
control technology for boilers as meeting the requirements of CAA
section 182(e)(3) and 40 CFR 51.1302 based on the 2021 South Coast
Certification.
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 the certifications as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, 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 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.);
<bullet> 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);
<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); and
<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 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, 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).
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. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of the action being taken here, this action is
expected to have a neutral to positive
[[Page 29541]]
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
This 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 July 7, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 paragraph (c)(591)
introductory text and adding paragraph (c)(591)(ii) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(591) The following rules and certifications were submitted on
August 3, 2021, by the Governor's designee, as an attachment to a
letter dated August 3, 2021.
* * * * *
(ii) Additional materials. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) ``Certification that the San Joaquin Valley Unified Air
Pollution Control District's Current Rules Address the Clean Air Act's
Clean Fuels for Boilers Requirements for the 2015 8-Hour Ozone
Standard,'' adopted on June 17, 2021.
(2) [Reserved]
(B) South Coast Air Quality Management District.
(1) ``Final Certification of Nonattainment New Source Review and
Clean Fuels for Boilers Compliance Demonstration for 2015 8-hour Ozone
Standard,'' excluding the ``Nonattainment New Source Review Compliance
Demonstration,'' adopted on June 4, 2021.
(2) [Reserved]
* * * * *
[FR Doc. 2023-09058 Filed 5-5-23; 8:45 am]
BILLING CODE 6560-50-P
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