Rule2023-24001
Approval of Air Quality Implementation Plans; Vehicle Miles Traveled Emissions Offset Demonstrations for the 2015 Ozone Standards; California
Primary source
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Published
November 6, 2023
Effective
December 6, 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 vehicle miles traveled (VMT) offset demonstrations for the Los Angeles-South Coast Air Basin (South Coast), Riverside County (Coachella Valley), Los Angeles-San Bernadino Counties (West Mojave Desert), and San Joaquin Valley nonattainment areas (NAAs) for the 2015 ozone national ambient air quality standards (2015 ozone NAAQS). The EPA is taking action to approve these revisions because they demonstrate that California has added or implemented specific enforceable transportation control strategies and transportation control measures to offset the growth in emissions from growth in VMT and vehicle trips. We are taking final action to approve these revisions under the Clean Air Act (CAA or "the Act"), which establishes VMT offset demonstration requirements for ozone nonattainment areas classified as "Severe" or "Extreme."
Full Text
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76139-76141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24001]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0681; FRL-10386-02-R9]
Approval of Air Quality Implementation Plans; Vehicle Miles
Traveled Emissions Offset Demonstrations for the 2015 Ozone Standards;
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 vehicle miles traveled (VMT) offset demonstrations for
the Los Angeles-South Coast Air Basin (South Coast), Riverside County
(Coachella Valley), Los Angeles-San Bernadino Counties (West Mojave
Desert), and San Joaquin Valley nonattainment areas (NAAs) for the 2015
ozone national ambient air quality standards (2015 ozone NAAQS). The
EPA is taking action to approve these revisions because they
demonstrate that California has added or implemented specific
enforceable transportation control strategies and transportation
control measures to offset
[[Page 76140]]
the growth in emissions from growth in VMT and vehicle trips. We are
taking final action to approve these revisions under the Clean Air Act
(CAA or ``the Act''), which establishes VMT offset demonstration
requirements for ozone nonattainment areas classified as ``Severe'' or
``Extreme.''
DATES: This action will be effective on December 6, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0681. 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 or other information whose disclosure
is restricted by stature. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
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: Michael Dorantes, Geographic
Strategies and Modeling Section (AIR-2-2), EPA Region IX, (415) 972-
3934, <a href="/cdn-cgi/l/email-protection#34505b46555a4051471a595d575c555158745144551a535b42"><span class="__cf_email__" data-cfemail="1c78736e7d7268796f3271757f747d79705c796c7d327b736a">[email protected]</span></a>.
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. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On December 20, 2022, the EPA proposed to approve a revision to the
California SIP concerning VMT emissions offset demonstrations required
for the Coachella Valley and West Mojave Desert Severe ozone NAAs and
for the South Coast and San Joaquin Valley Extreme ozone NAAs.\1\
Section 182(d)(1)(A) of the Act and 40 CFR 51.1302 require a state to
submit, for each ozone nonattainment area classified as Severe or
above, a SIP revision that ``identifies or adopts specific enforceable
transportation control strategies and transportation control measures
to offset any growth in emissions from growth in vehicle miles traveled
or number of vehicle trips in such area.'' Herein, we refer to this SIP
requirement as the ``VMT emissions offset requirement.'' In addition,
we refer to the SIP revision intended to demonstrate compliance with
the VMT emissions offset requirement as the ``VMT emissions offset
demonstration.'' In Association of Irritated Residents v. EPA, the
Ninth Circuit ruled that additional transportation control measures are
required whenever vehicle emissions are projected to be higher than
they would have been had VMT not increased, even when aggregate vehicle
emissions are decreasing.\2\ In August 2012, the EPA issued a
memorandum titled ``Implementing Clean Air Act Section 182(d)(1)(A):
Transportation Control Measures and Transportation Control Strategies
to Offset Growth in Emissions Due to Growth in Vehicle Miles
Travelled'' (``August 2012 Guidance'').\3\ The August 2012 Guidance
discusses the meaning of ``transportation control strategies'' and
``transportation control measures'' and recommends that both be
included in the calculations made for the purpose of determining the
degree to which any hypothetical growth in emissions due to growth in
VMT should be offset. The proposed rulemaking for this action outlines
the August 2012 Guidance in further detail and how states may
demonstrate that their VMT emissions offset demonstrations can
satisfactorily conform with Court's ruling in Association of Irritated
Residents.
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\1\ 87 FR 77774 (December 20, 2022).
\2\ See Association of Irritated Residents v. EPA, 632 F.3d.
584, at 596-597 (9th Cir. 2011), reprinted as amended on January 27,
2012, 686 F.3d 668, further amended February 13, 2012 (``Association
of Irritated Residents'').
\3\ Memorandum dated August 30, 2012, Karl Simon, Director
Transportation and Climate Division, Office of Transportation and
Air Quality, to Carl Edland, Director, Multimedia Planning and
Permitting Division, EPA Region VI, and Deborah Jordan, Director,
Air Division, EPA Region IX.
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The California Air Resources Board (CARB) provided two separate
submittals as VMT emissions offset demonstrations for California's
Severe and Extreme ozone NAAs. On July 27, 2020, CARB submitted a staff
report to the EPA titled ``70 ppb Ozone SIP Submittal'' (``July 2020
submittal'').\4\ In part, the July 2020 submittal contains the VMT
offset demonstrations for the South Coast, Coachella Valley, and San
Joaquin Valley ozone NAAs.\5\ Additionally, on December 28, 2020, CARB
submitted to the EPA a staff report titled ``West Mojave Desert VMT
Offset Demonstration'' (``December 2020 submittal'') for the West
Mojave Desert ozone NAA.\6\
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\4\ Letter dated July 24, 2020, from Richard W. Corey, Executive
Officer, CARB, to John Busterud, Regional Administrator, EPA Region
IX (submitted electronically July 27, 2020).
\5\ The July 2020 submittal also addresses base year emissions
inventory requirements for 18 of the 21 NAAs in California. The EPA
approved the July 2020 submittal as meeting the base year emissions
inventory requirements for the 18 areas addressed in the submittal
on September 29, 2022, (87 FR 59015).
\6\ Letter dated December 28, 2020, from Richard W. Corey,
Executive Officer, CARB, to John Busterud, Regional Administrator,
EPA Region IX (submitted electronically December 29, 2020).
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In our proposal, we evaluated the portions of the July 2020
submittal that address the South Coast, Coachella Valley, and San
Joaquin Valley VMT offset demonstrations and the December 2020
submittal of the West Mojave Desert VMT offset demonstration against
the statutory and regulatory requirements of CAA section 182(d)(1)(A)
and 40 CFR 51.1302, and detailed our consideration of relevant Agency
guidance and court rulings. The full evaluation and discussion of our
review of the State's submittals can be found in our proposal. Therein
we proposed approval of the submittals as revisions to the California
SIP on the basis that they met the VMT emissions offset requirements of
CAA section 182(d)(1)(A) and 40 CFR 51.1302 for the 2015 ozone NAAQS.
II. Public Comments and EPA Responses
The 30-day public comment period for the notice of proposed
rulemaking closed on January 19, 2023. We did not receive any public
comments.
III. Final Action
For the reasons discussed in our proposed rule and summarized in
this document, we are finalizing our approval of the following as
revisions to the California SIP:
[ssquf] VMT emissions offset demonstration element in the July 27,
2020 CARB submittal for the Los Angeles-South Coast Air Basin (South
Coast), Riverside County (Coachella Valley), and San Joaquin Valley
ozone nonattainment areas as meeting the requirements of CAA section
182(d)(1)(A) and 40 CFR 51.1302 for the 2015 ozone NAAQS.
[ssquf] VMT emissions offset demonstration element in the December
28, 2020 CARB submittal for the Los Angeles-San Bernadino Counties
(West Mojave Desert) ozone nonattainment area as meeting the
requirements of CAA section 182(d)(1)(A) and 40 CFR 51.1302 for the
2015 ozone NAAQS.
[[Page 76141]]
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, this rulemaking 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, 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.
This final 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 Executive Order 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 25, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends part 52,
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 adding paragraphs (c)(589)(ii)(A)(2)
and (c)(605) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(589) * * *
(ii) * * *
(A) * * *
(2) California Air Resources Board ``70 ppb Ozone SIP Submittal,''
section III, ``VMT Offset Demonstration,'' adopted on June 25, 2020.
* * * * *
(605) The following materials were submitted electronically on
December 29, 2020, by the Governor's designee as an attachment to a
letter dated December 28, 2020.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board.
(1) ``West Mojave Desert Vehicle-Miles Traveled Offset
Demonstration,'' adopted on October 22, 2020.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2023-24001 Filed 11-3-23; 8:45 am]
BILLING CODE 6560-50-P
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