Rule2023-28494
Approval and Promulgation of Implementation Plans; Revisions to the California State Implementation Plan; San Francisco Bay Area
Primary source
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Published
December 28, 2023
Effective
January 29, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action under the Clean Air Act (CAA or "Act") to approve a revision to the San Francisco Bay Area portion of the California State Implementation Plan (SIP). This revision consists of updated transportation conformity procedures related to the interagency coordination on project-level conformity and exchange of travel data for emissions inventories developed for air quality plans and regional transportation conformity analyses. This action updates the transportation conformity criteria and procedures in the California SIP.
Full Text
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<title>Federal Register, Volume 88 Issue 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89587-89589]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28494]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2023-0203; FRL-10757-02-R9]
Approval and Promulgation of Implementation Plans; Revisions to
the California State Implementation Plan; San Francisco Bay Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action under the Clean Air Act (CAA or ``Act'') to approve a revision
to the San Francisco Bay Area portion of the California State
Implementation Plan (SIP). This revision consists of updated
transportation conformity procedures related to the interagency
coordination on project-level conformity and exchange of travel data
for emissions inventories developed for air quality plans and regional
transportation conformity analyses. This action updates the
transportation conformity criteria and procedures in the California
SIP.
DATES: This action is effective January 29, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2023-0203. 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 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: Michael Dorantes, Geographic
Strategies and Modeling Section (AIR-2-2), EPA Region IX, (415) 972-
3934, <a href="/cdn-cgi/l/email-protection#adc9c2dfccc3d9c8de83c0c4cec5ccc8c1edc8ddcc83cac2db"><span class="__cf_email__" data-cfemail="debab1acbfb0aabbadf0b3b7bdb6bfbbb29ebbaebff0b9b1a8">[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. EPA Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On July 27, 2023, the EPA proposed to approve a revision to the
California SIP concerning transportation conformity procedures for the
San Francisco Bay Area.\1\ The California Air Resources Board (CARB)
submitted ``The San Francisco Bay Area Transportation Air Quality
Conformity Protocol--Conformity Procedures'' and ``The San Francisco
Bay Area Transportation Air Quality Conformity Protocol--Interagency
Consultation Procedures,'' on May 17, 2021. We refer to these documents
together as the ``San Francisco Bay Area conformity SIP submittal.''
\2\ CARB submitted a prior version of the San Francisco Bay Area
conformity SIP to the EPA for approval on December 20, 2006. The EPA
approved this SIP revision on October 12, 2007.\3\ The agencies
responsible for developing and updating the San Francisco Bay Area
conformity SIP--the Metropolitan Transportation Commission (MTC), the
Bay Area Air Quality Management District (BAAQMD), and the Association
of Bay Area Governments (ABAG), in consultation with the Sacramento
Area Council of Governments (SACOG)--have since further amended the
roles and responsibilities for implementing the transportation
conformity interagency consultation process and for coordinating travel
activity data sharing. The San Francisco Bay Area conformity SIP
submittal also reflects an update to a memorandum of understanding that
exists between MTC and SACOG as an agreement regarding federal
conformity procedures and programming of federal Congestion Mitigation
and Air Quality funds in Solano County.\4\
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\1\ 88 FR 48406 (July 27, 2023).
\2\ In addition to other supporting documents, the submittal
package included the following documents: ``San Francisco Bay Area
Transportation Air Quality Conformity Protocol,'' Revised: February
26, 2020; ``Amended and Restated Memorandum of Understanding Between
the Metropolitan Transportation Commission and the Sacramento Area
Council of Governments,'' (September 11, 2018); and a letter dated
May 6, 2021, (submitted electronically May 17, 2021), from Richard
W. Corey, Executive Officer, CARB, to Deborah Jordan, Acting
Regional Administrator, EPA Region IX, Subject: San Francisco Bay
Area State Implementation Plan Amended Transportation Air Quality
Conformity Protocol. These documents are available in the docket for
this rulemaking.
\3\ 72 FR 58013 (October 12, 2007).
\4\ See ``Metropolitan Transportation Commission Resolution No.
2611. Revised, MTC/Sacramento Area Council of Governments (SACOG)
Memorandum of Understanding (MOU) for Air Quality Planning in
Eastern Solano County'' and Metropolitan Transportation Commission
Resolution No. 3757, ``Re: Approval of San Francisco Bay Area
Transportation Air Quality Conformity Protocol,'' which is included
in the docket for this rulemaking.
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In our proposal, we evaluated the San Francisco Bay Area conformity
SIP submittal against the statutory and regulatory requirements of the
CAA, 40 CFR part 93, and 40 CFR 51.390, which govern state procedures
for transportation conformity and interagency consultation and
concluded that the submittal meets these requirements. Furthermore, the
comment period and public hearing held by MTC for this SIP revision
satisfy the requirements of CAA section 110(l) and 40 CFR 51.102. A
technical support document (TSD) is included in the docket for this
rulemaking. Specifically, in our TSD, we identify how the submitted
procedures satisfy requirements under 40 CFR 93.105 for interagency
consultation with respect to the development of transportation plans
and programs, SIPs, conformity determinations, the resolution of
conflicts, the provision of adequate public consultation, and our
requirements under 40 CFR 93.122(a)(4)(ii) and 93.125(c) for
enforceability of control measures and mitigation measures. Please
refer to our TSD and notice of proposed rulemaking for additional
information regarding the content of the revised San Francisco Bay
conformity SIP submittal and our review.
II. Public Comments and EPA Responses
The 30-day public comment period for the notice of proposed
rulemaking closed on August 28, 2023. During this period, a member of
the public submitted two identical comments to the EPA in support of
the proposed approval. The full text of these comments is available for
viewing in the docket for this rulemaking.
III. EPA Action
In accordance with section 110(k)(3) of the Act, and for the
reasons discussed in our proposed rulemaking and summarized in this
document, we are finalizing our approval of the San Francisco Bay Area
conformity SIP submittal as a revision to the California SIP. The
revision will be incorporated
[[Page 89588]]
into the San Francisco Bay Area portion of the California SIP and
thereby replace the previous revision approved on October 12, 2007.
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<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.
If finalized, 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 February 26, 2024. 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, Particulate Matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 20, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency 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)(349)(i)(A)(2) and
(c)(608) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(349) * * *
(i) * * *
(A) * * *
(2) Previously approved on October 12, 2007, in paragraph
(c)(349)(i)(A)(1) of this section and now deleted with replacement in
paragraph (c)(608)(i)(A)(1) of this section: the San Francisco Bay Area
Transportation Air Quality Conformity Protocol--Conformity Procedures
(July 26, 2006) and San Francisco Bay Area Transportation Air Quality
Conformity Protocol--Interagency Consultation Procedures (July 26,
2006), adopted by BAAQMD on July 19, 2006, by ABAG on July 20, 2006,
and by MTC on July 26, 2006.
* * * * *
(608) San Francisco Bay Area Transportation Air Quality Conformity
Protocol--Conformity Procedures and Interagency Consultation Procedures
was submitted electronically on May 17, 2021, by the Governor's
designee as an attachment to a letter dated May 6, 2021.
(i) [Reserved]
(ii) Additional materials. (A) Association of Bay Area Governments
(ABAG), Bay Area Air Quality Management District (BAAQMD), and
Metropolitan Transportation Commission (MTC).
(1) The San Francisco Bay Area Transportation Air Quality
Conformity
[[Page 89589]]
Protocol--Conformity Procedures (February 26, 2020) and San Francisco
Bay Area Transportation Air Quality Conformity Protocol--Interagency
Consultation Procedures (February 26, 2020), adopted by MTC on February
26, 2020, BAAQMD on March 4, 2020, and by ABAG on April 23, 2020.
(2) [Reserved]
(B) [Reserved]
* * * * *
[FR Doc. 2023-28494 Filed 12-27-23; 8:45 am]
BILLING CODE 6560-50-P
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