Rule2024-04106
Air Quality Implementation Plans; California; San Diego County; 2008 and 2015 8-Hour Ozone Nonattainment Area Requirements
Primary source
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Published
March 1, 2024
Effective
April 1, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve portions of two State implementation plan (SIP) revisions submitted by the State of California to meet Clean Air Act (CAA) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS or "standards") and the 2015 8-hour ozone NAAQS in the San Diego County ozone nonattainment area ("San Diego County area" or "area"). The first SIP revision, "2020 Plan for Attaining the National Ambient Air Quality Standards for Ozone in San Diego County" ("2020 San Diego County Ozone SIP" or "2020 Plan"), addresses most of the SIP requirements for the area. The second SIP revision, referred to as the "Smog Check Certification," supplements the motor vehicle inspection and maintenance program portion of the 2020 Plan. The EPA is taking final action to approve the 2020 Plan, and the San Diego County area portion of the Smog Check Certification, as meeting all the applicable ozone nonattainment area requirements for the 2008 and 2015 8-hour ozone NAAQS addressed by the plan except for the emissions statement requirement that the EPA previously found to have been met and the contingency measure requirements, for which the EPA is deferring action.
Full Text
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<title>Federal Register, Volume 89 Issue 42 (Friday, March 1, 2024)</title>
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[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Rules and Regulations]
[Pages 15035-15038]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-04106]
[[Page 15035]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2021-0135; FRL-9538-01-R9]
Air Quality Implementation Plans; California; San Diego County;
2008 and 2015 8-Hour Ozone Nonattainment Area Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of two State implementation plan (SIP)
revisions submitted by the State of California to meet Clean Air Act
(CAA) requirements for the 2008 8-hour ozone national ambient air
quality standards (NAAQS or ``standards'') and the 2015 8-hour ozone
NAAQS in the San Diego County ozone nonattainment area (``San Diego
County area'' or ``area''). The first SIP revision, ``2020 Plan for
Attaining the National Ambient Air Quality Standards for Ozone in San
Diego County'' (``2020 San Diego County Ozone SIP'' or ``2020 Plan''),
addresses most of the SIP requirements for the area. The second SIP
revision, referred to as the ``Smog Check Certification,'' supplements
the motor vehicle inspection and maintenance program portion of the
2020 Plan. The EPA is taking final action to approve the 2020 Plan, and
the San Diego County area portion of the Smog Check Certification, as
meeting all the applicable ozone nonattainment area requirements for
the 2008 and 2015 8-hour ozone NAAQS addressed by the plan except for
the emissions statement requirement that the EPA previously found to
have been met and the contingency measure requirements, for which the
EPA is deferring action.
DATES: This rule is effective April 1, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R09-OAR-2021-0135. 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 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: John J. Kelly, Air Planning Office
(AIR-2-1), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105;
phone: (415) 947-4151; email: <a href="/cdn-cgi/l/email-protection#573c323b3b2e793d383f393d1732273679303821"><span class="__cf_email__" data-cfemail="87ece2ebebfea9ede8efe9edc7e2f7e6a9e0e8f1">[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. Environmental Justice Considerations
IV. EPA Action
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On December 19, 2023 (88 FR 87850), the EPA proposed to approve all
of the ``2020 Plan for Attaining the National Ambient Air Quality
Standards for Ozone in San Diego County,'' submitted on January 12,
2021, with two exceptions, and the San Diego County area vehicle
inspection and maintenance (I/M) SIP revision for the 2008 and 2015
ozone NAAQS, i.e., the San Diego County area portion of the
``California Smog Check Performance Standard Modeling and Program
Certification for the 70 Parts Per Billion (ppb) 8-Hour Ozone
Standard'' (also referred to as the ``Smog Check Certification''),
submitted on April 26, 2023. The portions of the 2020 Plan on which we
did not propose action are the portion addressing the emissions
statement requirement, which we already approved in a separate
rulemaking, and the portion addressing the contingency measures
requirement, for which we are deferring action.
Our December 19, 2023 proposed rule contains more information on
the plans, our evaluation, and our rationale for proposing approval.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. Environmental Justice Considerations
This document takes final action to approve certain SIP elements
included in the 2020 Plan and the San Diego County area portion of the
Smog Check Certification. Information on ozone and its relationship to
negative health impacts can be found on the EPA's website. We expect
that this action will generally be neutral or contribute to reduced
environmental and health impacts on all populations in the San Diego
County area, including people of color and low-income populations in
the area. At a minimum, the action would not worsen any existing air
quality and is expected to ensure the area is meeting requirements to
attain air quality standards. Further, there is no information in the
record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people. Lastly, although the San Diego
County Air Pollution Control District (``District'') did not perform an
environmental justice review specifically for the 2020 Plan, the
District does implement the State's ``Community Air Protection
Program'' in San Diego County. This environmental justice program
identifies specific communities based on environmental, health, and
socioeconomic information in order to reduce their pollution exposure.
IV. EPA Action
No comments were submitted. Therefore, pursuant to section
110(k)(3) of the CAA, and for the reasons provided in our December 19,
2023 proposed rule, the EPA is taking final action to approve into the
California SIP all of the ``2020 Plan for Attaining the National
Ambient Air Quality Standards for Ozone in San Diego County,''
submitted to the EPA on January 12, 2021, with two exceptions, and the
San Diego County area I/M SIP revision for the 2008 and 2015 ozone
NAAQS, i.e., the San Diego County area portion of the ``Smog Check
Certification,'' submitted on April 26, 2023. More specifically, we are
taking final action to approve the following portions of the 2020 Plan,
as supplemented by the Smog Check Certification, as meeting the
following requirements:
<bullet> Base year emissions inventory element as meeting the
requirements of CAA sections 172(c)(3) and 182(a)(1) for the 2008 and
2015 ozone NAAQS, 40 CFR 51.1115 for the 2008 ozone NAAQS, and 40 CFR
51.1315 for the 2015 ozone NAAQS;
<bullet> Reasonably Available Control Measures (RACM) demonstration
element as meeting the requirements of CAA section 172(c)(1) for the
2008 and 2015 ozone NAAQS, 40 CFR 51.1112(c) for the 2008 ozone NAAQS,
and 40 CFR 51.1312(c) for the 2015 ozone NAAQS;
[[Page 15036]]
<bullet> Attainment demonstration element for the 2008 ozone NAAQS
as meeting the requirements of CAA section 182(c)(2)(A) and 40 CFR
51.1108;
<bullet> Attainment demonstration element for the 2015 ozone NAAQS
as meeting the requirements of CAA section 182(c)(2)(A) and 40 CFR
51.1308, and the related commitments by the California Air Resources
Board (CARB) (through CARB Resolution 20-29) to achieve an aggregate
emissions reduction of 4 tpd of NO<INF>X</INF> by 2032 in the San Diego
County area and by the District (through District Resolution 20-166) to
achieve emissions reductions of 1.7 tpd of NO<INF>X</INF> by 2032;
<bullet> Rate of Progress (ROP) demonstration element as meeting
the requirements of CAA section 182(b)(1) for the 2008 and 2015 ozone
NAAQS, 40 CFR 51.1110(a)(2) for the 2008 ozone NAAQS, and 40 CFR
51.1310(a)(2) for the 2015 ozone NAAQS;
<bullet> Reasonable Further Progress (RFP) demonstration element as
meeting the requirements of CAA sections 172(c)(2), 182(b)(1), and
182(c)(2)(B) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1110(a)(2)(i)
and (ii) for the 2008 ozone NAAQS, and 40 CFR 51.1310(a)(2)(ii) for the
2015 ozone NAAQS;
<bullet> Vehicle Miles Traveled (VMT) emissions offset
demonstration element as meeting the requirements of CAA section
182(d)(1)(A) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102 for the
2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS;
<bullet> Motor vehicle emissions budgets for the 2020 and 2023 RFP
milestone years and the 2026 attainment year (see Table 1) because they
are consistent with the RFP and attainment demonstrations for the 2008
ozone NAAQS approved herein and meet the other criteria in 40 CFR
93.118(e)(4);
Table 1--Motor Vehicle Emissions Budgets for the 2008 Ozone NAAQS in the
San Diego County Area
[Summer planning inventory, tpd]
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2020.................................... 16.3 28.1
2023.................................... 13.6 19.3
2026.................................... 12.1 17.3
------------------------------------------------------------------------
Source: 2020 Plan, Table 3-1.
<bullet> Motor vehicle emissions budgets for the 2023, 2026, and
2029 RFP milestone years and the 2032 attainment year (see Table 2)
because they are consistent with the RFP and attainment demonstrations
for the 2015 ozone NAAQS approved herein and meet the other criteria in
40 CFR 93.118(e)(4);
Table 2--Motor Vehicle Emissions Budgets for the 2015 Ozone NAAQS in the
San Diego County Area
[Summer planning inventory, tpd]
------------------------------------------------------------------------
Budget year VOC NOX
------------------------------------------------------------------------
2023.................................... 13.6 19.3
2026.................................... 12.1 17.3
2029.................................... 11.0 15.9
2032.................................... 10.0 15.1
------------------------------------------------------------------------
Source: 2020 Plan, Table 4-1.
<bullet> General conformity budgets (or growth increments, in this
case) for the Department of the Navy (DoN) and United States Marine
Corps (USMC), and for the San Diego International Airport (SDIA), see
Table 3, as meeting the requirements of CAA section 176(c) and 40 CFR
93.161;
Table 3--Facility-wide General Conformity Budgets (Increments of Growth)
for the Department of the Navy and United States Marine Corps, and for
the San Diego International Airport in San Diego County
[Summer planning inventory, tpd]
------------------------------------------------------------------------
Facility VOC NOX
------------------------------------------------------------------------
DoN and USMC............................ 1.08 8.34
SDIA.................................... 0.141 1.756
------------------------------------------------------------------------
Source: 2020 Plan, pp. 18 and 19.
<bullet> Enhanced vehicle inspection and maintenance program
element in the 2020 Plan, as supplemented by the San Diego County area
portion of the Smog Check Certification, as meeting the requirements of
CAA section 182(c)(3) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102
for the 2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS;
<bullet> Clean fuels fleet program element as meeting the
requirements of CAA sections 182(c)(4)(A) and 246 for the 2008 and 2015
ozone NAAQS, 40 CFR 51.1102 for the 2008 ozone NAAQS, and 40 CFR
51.1302 for the 2015 ozone NAAQS;
<bullet> New Source Review program element as meeting the
requirements of CAA sections 172(c)(5), 173, and 182(a)(2)(C) for the
2008 and 2015 ozone NAAQS, 40 CFR 51.1114 for the 2008 ozone NAAQS, and
40 CFR 51.1314 for the 2015 ozone NAAQS; and
<bullet> Enhanced monitoring element as meeting the requirements of
CAA
[[Page 15037]]
section 182(c)(1) for the 2008 and 2015 ozone NAAQS, 40 CFR 51.1102 for
the 2008 ozone NAAQS, and 40 CFR 51.1302 for the 2015 ozone NAAQS.
V. 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 action 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).
Furthermore, 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. However,
as described in section III (Environmental Justice Considerations) of
this document, the District does participate in the State's
environmental justice program. The EPA did not perform an EJ analysis
and did not consider EJ in this action. Due to the nature of this
action, this action is expected to have a neutral to positive impact on
the air quality of San Diego County. 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, to
achieve 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 April 30, 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, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 21, 2024.
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. In Sec. 52.220, add paragraphs (c)(581)(ii)(A)(2) through (5) and
(c)(581)(ii)(B), reserved paragraph (c)(610), and paragraph (c)(611) to
read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(581) * * *
(ii) * * *
(A) * * *
(2) ``2020 Plan for Attaining the National Ambient Air Quality
Standards for Ozone in San Diego County (October 2020),'' adopted on
October 14, 2020, excluding the ``Emissions Statement Rule
Certification,'' and the contingency measure element.
(3) Resolution 20-166, dated October 14, 2020, adopting the ``2020
Plan for Attaining the National Ambient Air Quality Standards for Ozone
in San Diego County (October 2020),'' including a commitment to achieve
emissions reductions of 1.7 tons per day of NO<INF>X</INF> by 2032
through adoption to amendments to San Diego County Air Pollution
Control District Rules 69.4.1 and 69.2.1 and to the adoption of new San
Diego County Air Pollution Control District Rule 69.2.2.
(4) Letter dated July 31, 2023, from Ted Anasis, Manager, Airport
Planning, San Diego International Airport, to Nick Cormier, San Diego
County Air Pollution Control District.
[[Page 15038]]
(5) Letter dated August 16, 2023, from J.C. Golumbfskie-Jones,
Fleet Environmental Director, Commander Navy Region Southwest,
Department of the Navy, to Paula Forbis, Air Pollution Control Officer,
San Diego County Air Pollution Control District.
(B) California Air Resources Board.
(1) Resolution 20-29, dated November 19, 2020, adopting a
commitment to achieve an aggregate emissions reduction of 4.0 tons per
day of NO<INF>X</INF> in San Diego County by 2032 and a commitment from
the California Air Resources Board to propose to the Board the Heavy-
Duty Engine and Vehicle Omnibus Regulation, Advanced Clean Trucks
Regulation, and Heavy Duty Vehicle Inspection Program and Periodic
Smoke Inspection Program.
(2) [Reserved]
* * * * *
(610) [Reserved]
(611) The following materials were submitted on April 26, 2023, by
the Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) California Air Resources Board.
(1) The San Diego County area portion of the ``California Smog
Check Performance Standard Modeling and Program Certification for the
70 Parts Per Billion (ppb) 8-Hour Ozone Standard,'' adopted on March
23, 2023.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2024-04106 Filed 2-29-24; 8:45 am]
BILLING CODE 6560-50-P
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