Rule2023-17363
Air Plan Approvals; California; South Coast Air Quality Management District, Imperial and Ventura County Air Pollution Control Districts; Nonattainment New Source Review; 2015 Ozone Standard
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
August 15, 2023
Effective
September 14, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve three state implementation plan (SIP) revisions submitted by the State of California addressing the nonattainment new source review (NNSR) requirements for the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS). These SIP revisions address the South Coast Air Quality Management District (SCAQMD or "District"), Imperial County Air Pollution Control District (ICAPCD or "District"), and Ventura County Air Pollution Control District (VCAPCD or "District") portions of the California SIP. This action is being taken pursuant to the Clean Air Act (CAA or "Act") and its implementing regulations.
Full Text
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<title>Federal Register, Volume 88 Issue 156 (Tuesday, August 15, 2023)</title>
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[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55377-55379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17363]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0754; FRL-9514-02-R9]
Air Plan Approvals; California; South Coast Air Quality
Management District, Imperial and Ventura County Air Pollution Control
Districts; Nonattainment New Source Review; 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve three state implementation plan (SIP) revisions
submitted by the State of California addressing the nonattainment new
source review (NNSR) requirements for the 2015 8-hour ozone
[[Page 55378]]
National Ambient Air Quality Standards (NAAQS). These SIP revisions
address the South Coast Air Quality Management District (SCAQMD or
``District''), Imperial County Air Pollution Control District (ICAPCD
or ``District''), and Ventura County Air Pollution Control District
(VCAPCD or ``District'') portions of the California SIP. This action is
being taken pursuant to the Clean Air Act (CAA or ``Act'') and its
implementing regulations.
DATES: This rule is effective September 14, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2021-0754. 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: Amita Muralidharan, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4140 or by
email at <a href="/cdn-cgi/l/email-protection#85e8f0f7e4e9ece1ede4f7e4ebabe4e8ecf1e4c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="f19c8483909d9895999083909fdf909c988590b1948190df969e87">[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
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On April 14, 2022 (87 FR 22163), the EPA proposed to approve the
SIP revisions listed in Table 1, addressing the NNSR requirements for
the 2015 ozone NAAQS for the SCAQMD, ICAPCD, and VCAPCD.
Table 1--Submitted Certification Letters
------------------------------------------------------------------------
District Adoption date Submittal date
------------------------------------------------------------------------
South Coast Air Quality Management 6/4/2021 8/3/2021
District (SCAQMD)..................
Imperial County Air Pollution 6/22/2021 8/3/2021
Control District (ICAPCD)..........
Ventura County Air Pollution Control 6/8/2021 8/3/2021
District (VCAPCD)..................
------------------------------------------------------------------------
We proposed approval of the submitted SIP revisions because we
determined that the 2015 ozone certifications submitted by the
Districts fulfill the 40 CFR 51.1314 revision requirement and meet the
requirements of CAA section 110 and the minimum SIP requirements of 40
CFR 51.165. Our proposed action contains more information on the SIP
revisions and our evaluation.
II. Public Comments
The EPA's proposed action provided a 30-day public comment period.
During this period, we received one non-germane comment. A copy of the
comment is in the docket for this action.
III. EPA Action
No comments were submitted during the 30-day public comment period
that change our assessment from what we described in our proposed
action. Therefore, as authorized in section 110(k)(3) of the Act, the
EPA is approving these three certifications into the California SIP as
proposed.
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:
<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 14094 (88 FR 21879, April 11, 2023);
<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,
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,
[[Page 55379]]
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 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 October 16, 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 8, 2023.
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. Section 52.220 is amended by adding paragraphs (c)(591)(ii)(B)(2),
(c)(591)(ii)(C) and (D) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(591) * * *
(ii) * * *
(B) * * *
(2) ``Final Certification of Nonattainment New Source Review and
Clean Fuels for Boilers Compliance Demonstration for 2015 8-hour Ozone
Standard,'' excluding the ``Clean Fuels for Boilers Compliance
Demonstration,'' adopted June 4, 2021.
(C) Ventura County Air Pollution Control District.
(1) ``Certification of the Nonattainment New Source Review Program
Compliance Demonstration for the 2015 Federal Ozone Standard,'' adopted
June 8, 2021.
(2) [Reserved]
(D) Imperial County Air Pollution Control District.
(1) ``The Certification of the Nonattainment New Source Review
Permit Program for Imperial County Applicable to the 2015 Ozone
National Ambient Air Quality Standard,'' adopted June 22, 2021.
(2) [Reserved]
* * * * *
[FR Doc. 2023-17363 Filed 8-14-23; 8:45 am]
BILLING CODE 6560-50-P
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