Proposed Rule2024-17573
Finding of Failure To Attain the 1997 8-Hour Ozone Standards; California; Los Angeles-South Coast Air Basin
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, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the Los Angeles-South Coast Air Basin ("South Coast") ozone nonattainment area failed to attain the 1997 8-hour ozone national ambient air quality standard by its June 15, 2024 "Extreme" area attainment date. This proposed determination is based on quality- assured and certified ambient air quality monitoring data from 2021 through 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 158 (Thursday, August 15, 2024)</title>
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[Federal Register Volume 89, Number 158 (Thursday, August 15, 2024)]
[Proposed Rules]
[Pages 66291-66295]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17573]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0327; FRL-12106-01-R9]
Finding of Failure To Attain the 1997 8-Hour Ozone Standards;
California; Los Angeles-South Coast Air Basin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Los Angeles-South Coast Air Basin (``South Coast'')
ozone nonattainment area failed to attain the 1997 8-hour ozone
national ambient air quality standard by its June 15, 2024 ``Extreme''
area attainment date. This proposed determination is based on quality-
assured and certified ambient air quality monitoring data from 2021
through 2023.
DATES: Comments must be received on or before September 16, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0327 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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: Ginger Vagenas, EPA Region IX, ARD-2,
75 Hawthorne St., San Francisco, CA 94105: telephone number: (415) 972-
3964; email address: <a href="/cdn-cgi/l/email-protection#176176707279766439707e797072655772677639707861"><span class="__cf_email__" data-cfemail="2d5b4c4a48434c5e034a44434a485f6d485d4c034a425b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. Regulatory Context
B. History of the 1997 8-Hour Ozone NAAQS in the South Coast
II. EPA Analysis
A. Applicable Statutory and Regulatory Provisions
B. Monitoring Network Considerations
C. Data Considerations
III. Public Comment and Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. Regulatory Context
Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NO<INF>X</INF>) in the presence of sunlight.\1\ These two pollutants,
referred
[[Page 66292]]
to as ozone precursors, are emitted by many types of sources, including
on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints.
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\1\ The State of California refers to reactive organic gases
(ROG) rather than VOC in some of its ozone-related SIP submissions.
As a practical matter, ROG and VOC refer to the same set of chemical
constituents, and for the sake of simplicity, we refer to this set
of gases as VOC in this proposed rule.
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Scientific evidence indicates that adverse public health effects
occur following exposure to ozone, particularly in children and adults
with lung disease. Breathing air containing ozone can reduce lung
function and inflame airways, which can increase respiratory symptoms
and aggravate asthma or other lung diseases.\2\
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\2\ EPA, Health Effects of Ozone Pollution, available at <a href="https://www.epa.gov/ground-level-ozone-pollution/health-effects-ozone-pollution">https://www.epa.gov/ground-level-ozone-pollution/health-effects-ozone-pollution</a>.
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Under section 109 of the Clean Air Act (CAA or ``Act''), the EPA
promulgates national ambient air quality standards (NAAQS or
``standards'') for pervasive air pollutants, such as ozone. The NAAQS
are concentration levels whose attainment and maintenance the EPA has
determined to be requisite to protect public health and welfare. In
1979, under section 109 of the CAA, the EPA established primary and
secondary standards for ozone at 0.12 parts per million (ppm) averaged
over a 1-hour period.\3\
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\3\ 44 FR 8202 (February 8, 1979).
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On July 18, 1997, the EPA revised the primary and secondary NAAQS
for ozone to set the acceptable level of ozone in the ambient air at
0.08 ppm, averaged over an 8-hour period.\4\ The EPA set the 1997 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
standards were set. The EPA determined that the 8-hour standard would
be more protective of human health, especially for children and for
adults who are active outdoors, and for individuals with a preexisting
respiratory disease, such as asthma.
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\4\ 62 FR 38856 (July 18, 1997). Primary standards provide
public health protection, including protecting the health of
``sensitive'' populations such as asthmatics, children, and the
elderly. Secondary standards provide public welfare protection,
including protection against decreased visibility and damage to
animals, crops, vegetation, and buildings. Since the primary and
secondary standards established in 1997 are set at the same level,
we refer to them herein using the singular ``1997 8-hour ozone
NAAQS'' or ``1997 8-hour ozone standard.''
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In March 2008, the EPA completed another review of the primary and
secondary ozone standards and tightened them further by lowering the
level for both to 0.075 ppm.\5\ The EPA revoked the 1997 8-hour ozone
NAAQS effective April 6, 2015; \6\ however, to comply with anti-
backsliding requirements of the Act, areas designated nonattainment at
the time that the 1997 8-hour ozone NAAQS was revoked remain subject to
certain requirements based on their classification at the time of
revocation, including requirements related to nonattainment contingency
measures under CAA sections 172(c)(9) and 182(c)(9) and, for ``Severe''
and ``Extreme'' areas, major source fee programs under CAA section
185.\7\ The EPA's determination that an area failed to attain by its
attainment date, which is made under CAA section 301 and consistent
with section 181(b)(2), triggers these anti-backsliding requirements.
See South Coast Air Quality Mgmt. Dist. v. EPA, 882 F.3d 1138, 1147
(D.C. Cir. 2018).
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\5\ 73 FR 16436 (March 27, 2008).
\6\ 80 FR 12264 (March 6, 2015).
\7\ 40 CFR 51.1100(o).
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The South Coast ozone nonattainment area, excluding areas of Indian
country,\8\ lies within the jurisdiction of the South Coast Air Quality
Management District (SCAQMD or ``District''). Under California law,
SCAQMD is responsible for adopting and implementing stationary source
rules in the South Coast, such as the fee program rules required under
CAA section 185, while the California Air Resource Board (CARB) adopts
and implements consumer products and mobile source rules subject to the
requirements of CAA section 209. CARB submits the District and State
rules to the EPA.
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\8\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to:
``(a) all land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and, including rights-of-way running through
the reservation, (b) all dependent Indian communities within the
borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a state, and (c) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-
of-way running through the same.''
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An area is considered to have attained the 1997 8-hour ozone
standard if there are no violations of the standard, as determined in
accordance with 40 CFR 50.9, based on three consecutive years of
complete, quality-assured, and certified monitoring data. A violation
occurs when the ambient ozone air quality monitoring data show that the
3-year average of the annual fourth-highest daily maximum 8-hour
average ozone concentrations at an ozone monitor is greater than 0.08
ppm.\9\
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\9\ 40 CFR 50.10. As explained in section II.A of this document,
due to rounding and truncation conventions the computed 3-year
average ozone concentration of 0.085 ppm is the smallest value that
is greater than 0.08 ppm.
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B. History of the 1997 8-Hour Ozone NAAQS in the South Coast
The South Coast ozone nonattainment area consists of Orange County,
the southwestern two-thirds of Los Angeles County, southwestern San
Bernardino County, and western Riverside County. It encompasses an area
of approximately 6,600 square miles and is bounded by the Pacific Ocean
to the west and the San Gabriel, San Bernardino, and San Jacinto
mountains to the north and east.\10\ The population of the South Coast
region is over 17 million people.\11\
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\10\ For a precise definition of the boundaries of the South
Coast 1997 8-hour ozone nonattainment area, see 40 CFR 81.305.
\11\ 2022 AQMP, Figure 1-3.
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Following promulgation of a new or revised NAAQS, the EPA is
required by the CAA to designate areas throughout the nation as
attaining or not attaining the NAAQS. On April 15, 2004, the EPA
designated the South Coast as nonattainment for the 1997 8-hour ozone
standard and classified it as ``Severe-17'' under CAA section 181(a)(1)
and 40 CFR 51.903(a), table 1.\12\ This designation and classification
became effective on June 15, 2004.
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\12\ 69 FR 23858, 23882-84 (April 30, 2004) and 40 CFR 81.305.
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In 2007, California requested that the EPA reclassify the South
Coast ozone nonattainment area from Severe-17 to Extreme nonattainment
for the 1997 8-hour ozone standard under CAA section 181(b)(3). On May
5, 2010, we granted California's request and reclassified the area to
Extreme effective June 4, 2010, with an attainment date of no later
than June 15, 2024.\13\
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\13\ 75 FR 24409. This reclassification excluded Indian country
pertaining to the Morongo Band of Mission Indians and the Pechanga
Band of Luise[ntilde]o Mission Indians.
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II. EPA Analysis
A. Applicable Statutory and Regulatory Provisions
For the revoked 1997 8-hour ozone NAAQS, the EPA is required to
determine whether an ozone nonattainment area attained the ozone
standard by the area's attainment date solely for purposes of
triggering any applicable anti-backsliding requirements. For Extreme
areas, applicable requirements triggered upon a finding that an area
failed to attain by the attainment date are nonattainment contingency
measures and CAA section
[[Page 66293]]
185 fee programs.\14\ A determination of whether an area's air quality
meets the 1997 8-hour ozone standard is generally based on three years
of complete, quality-assured, and certified air quality monitoring data
gathered at established State and Local Air Monitoring Stations
(``SLAMS'') in the nonattainment area and entered into the EPA's Air
Quality System (AQS) database.\15\ Data from ambient air monitors
operated by State/local agencies in compliance with EPA monitoring
requirements must be submitted to the AQS database. Monitoring agencies
annually certify that these data are accurate to the best of their
knowledge. Accordingly, the EPA relies primarily on data in its AQS
database when determining the attainment status of an area.\16\ All
data are reviewed to determine the area's air quality status in
accordance with 40 CFR part 50, appendix I.
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\14\ 40 CFR 51.1105(d)(2)(iii).
\15\ Generally, a ``complete'' data set for determining
attainment of the ozone is one that includes three years of data.
There are less stringent data requirements for showing that a
monitor has failed an attainment test and thus has recorded a
violation of the standard.
\16\ 40 CFR 50.10; 40 CFR part 50, appendix I; 40 CFR part 53;
40 CFR part 58, appendices A, C, D, and E.
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Under EPA regulations at 40 CFR 50.10, the 1997 8-hour ozone
standard is attained when the 3-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations at an ozone
monitor is less than or equal to 0.08 ppm (i.e., 0.084 ppm when
rounding, based on the truncating conventions in 40 CFR part 50,
appendix I). This 3-year average is referred to as the ``design
value.'' When the design value is greater than 0.084 ppm at any monitor
within the area, then the area is violating the NAAQS. The data
completeness requirement is met when the average percent of days with
valid ambient monitoring data is greater than or equal to 90 percent,
and no single year has less than 75 percent data completeness, as
determined under appendix I of 40 CFR part 50.
The EPA is proposing to determine that the South Coast failed to
attain the 1997 8-hour ozone standard by its applicable attainment
date; that is, that the average of the annual fourth-highest daily
maximum 8-hour average ozone concentration was above 0.08 ppm in the
period prior to the applicable attainment date, i.e., 2021-2023. This
proposed determination is based on three years of quality-assured and
certified ambient air quality monitoring data in AQS for the 2021-2023
monitoring period.
B. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA requires States to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. In the South Coast, SCAQMD is responsible
for assuring that the area meets air quality monitoring requirements.
The District's annual network plans describe the air monitoring network
as required under 40 CFR 58.10. The EPA reviews these annual network
plans for compliance with specific requirements in 40 CFR part 58. With
respect to ozone, we have found that the annual network plans submitted
by SCAQMD meet the minimum monitoring requirements of 40 CFR part 58.
While the EPA has identified some requirements that are not met in
these annual network plans, these unmet requirements do not preclude us
from determining that the South Coast has failed to attain the 1997 8-
hour ozone NAAQS.\17\
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\17\ We have included copies of SCAQMD's annual network plans
for 2021-2023 in the docket for this rulemaking, along with our
reviews of these plans and our associated transmittal
correspondence.
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Finally, the EPA conducts regular Technical Systems Audits (TSAs)
where we review and inspect State and local ambient air monitoring
programs to assess compliance with applicable regulations concerning
the collection, analysis, validation, and reporting of ambient air
quality data. For the purposes of this proposal, we reviewed the
findings from the EPA's most recent TSA of SCAQMD's ambient air
monitoring program.\18\ The results of this TSA do not preclude the EPA
from determining that the South Coast ozone nonattainment area has
failed to attain the 1997 8-hour ozone NAAQS.
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\18\ See letter from Elizabeth Adams, Director, Air and
Radiation Division, U.S. EPA Region IX, to Dr. Matt Miyasato,
Executive Officer, SCAQMD, dated March 18, 2021, and enclosure
titled, ``Technical Systems Audit Report, SCAQMD, June 1-June 5,
2020.''
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C. Data Considerations
In accordance with 40 CFR 58.15, SCAQMD certifies annually that the
previous year's ambient concentration and quality assurance data are
completely submitted to AQS and that the ambient concentration data are
accurate, taking into consideration the quality assurance findings.\19\
There were 27 ozone monitoring sites located throughout the South Coast
in calendar years 2021 through 2023: 13 within Los Angeles County,
three within Orange County, six within Riverside County, and five
within San Bernardino County. Table 1 of this document summarizes the
ozone monitoring data from the various monitoring sites in the South
Coast ozone nonattainment area by showing the annual 4th highest daily
maximum concentrations and design values over the 2021-2023 period. The
data summarized in table 1 of this document are considered complete for
the purposes of determining if the standard is met.\20\
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\19\ We have included SCAQMD's annual data certifications for
2020, 2021, and 2022 in the docket for this rulemaking.
\20\ The criteria for data completeness are met at most of the
ozone monitors over the 2021-2023 period, but are not met for the
ozone monitors at the Azusa, LAX Hastings, Mission Viejo, Perris,
and Upland stations. However, the failure of these five monitors to
meet the completeness criteria does not bear on the question of
whether the area is violating because several other monitors within
the area are violating the NAAQS.
Table 1--South Coast Ozone Nonattainment Area Fourth High 8-Hour Ozone Average Concentrations and Design Values
(ppm) for 2021-2023
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4th Highest daily maximum
General location Site name (AQS ------------------------------------------------ Design value
ID) 2021 2022 2023 (2021-2023)
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Los Angeles County:
East San Gabriel Valley... Azusa (06-037- 0.077 \a\ N/A \a\ N/A \b\ Invalid
0002).
East San Gabriel Valley... Glendora (06-037- 0.090 0.094 0.102 0.095
0016).
Northwest Coastal LA West Los Angeles 0.059 0.058 0.064 0.060
County. (06-037-0113).
Central Los Angeles....... Los Angeles-- 0.068 0.073 0.075 0.072
North Main
Street (06-037-
1103).
West San Fernando Valley.. Reseda (06-037- 0.080 0.078 0.087 0.081
1201).
[[Page 66294]]
South Central Los Angeles Compton (06-037- 0.062 0.064 0.068 0.081
County. 1302).
South San Gabriel Valley.. Pico Rivera #2 0.068 0.070 0.075 0.071
(06-037-1602).
Pomona/Walnut Valley...... Pomona (06-037- 0.089 0.088 0.095 0.090
1701).
West San Gabriel Valley... Pasadena (06-037- 0.081 0.081 0.086 0.082
2005).
South Coastal LA County... Signal Hill (06- 0.060 0.058 0.062 0.060
037-4009).
East San Fernando Valley.. North Hollywood 0.079 0.082 0.085 0.082
(06-037-4010).
Southwest Coastal LA LAX Hastings (06- \a\ N/A \a\ N/A \a\ N/A \b\ Invalid
County. 037-5005).
Santa Clarita Valley...... Santa Clarita 0.097 0.095 0.103 0.098
(06-037-6012).
Orange County:
Central Orange County..... Anaheim (06-059- 0.063 0.060 0.064 0.062
0007).
Saddleback Valley......... Mission Viejo 0.078 \a\ N/A \a\ N/A \b\ Invalid
(06-059-2022).
North Orange County....... La Habra (06-059- 0.070 0.070 0.077 0.072
5001).
Riverside County:
Banning................... Banning Airport 0.102 0.093 0.095 0.096
(06-065-0012).
Temecula Valley........... Temecula (06-065- 0.078 0.070 0.069 0.072
0016).
Perris Valley............. Perris (06-065- 0.091 \a\ N/A \a\ N/A \b\ Invalid
6001).
Metropolitan Riverside Rubidoux (06-065- 0.091 0.092 0.097 0.093
County. 8001).
Mira Loma................. Mira Loma (Van 0.093 0.087 0.095 0.091
Buren) (06-065-
8005).
Lake Elsinore............. Lake Elsinore 0.090 0.086 0.086 0.087
(06-065-9001).
San Bernardino County:
Central San Bernardino Crestline (06- 0.107 0.105 0.106 0.106
Mountains. 071-0005).
Northwest San Bernardino Upland (06-071- 0.097 0.098 \a\ N/A \b\ Invalid
Valley. 1004).
Central San Bernardino Fontana (06-071- 0.099 0.095 0.105 0.099
Valley. 2002).
East San Bernardino Valley Redlands (06-071- 0.112 0.103 0.105 0.106
4003).
Central San Bernardino San Bernardino 0.105 0.103 0.107 0.105
Valley. (06-071-9004).
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\a\ The required annual 75 percent completeness criterion was not met, therefore the annual 4th highest daily
maximum values were not provided.
\b\ The design values for the Azusa, LAX Hastings, Mission Viejo, Perris, and Upland sites are invalid due to
temporary or permanent closures of the sites. All other design values are valid.
Source: EPA, AQS Design Value (AMP480), Report Request ID: 2200476, July 10, 2024. Also see Memorandum dated
July 19, 2024, from Jennifer Williams and Ben Wells, EPA, to Docket ID No. EPA-R09-OAR-2024-0327, Subject:
``Correction to Design Values for the 1997 8-hour Ozone NAAQS in Los Angeles-South Coast Air Basin, CA
Nonattainment Area.''
Generally, the highest ozone concentrations in the South Coast
occur in the northern and eastern portions of the area. As shown in
table 1 of this document, the highest 8-hour design value at any site
in the South Coast ozone nonattainment area for 2021-2023 is 0.106 ppm
at both the Crestline site in the Central San Bernardino Mountains and
the Redlands site in the East San Bernardino Valley. The design value
of 0.106 ppm represents a violation of the 1997 8-hour ozone
standard.\21\ Table 1 of this document also shows that, while the
highest design values occur in the East and Central San Bernardino
Valley, violations occur throughout Los Angeles, Riverside, and San
Bernardino Counties.
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\21\ For more information, please see ``National 8-hour primary
and secondary ambient air quality standards for ozone'' (40 CFR
50.10) and ``Interpretation of the 8-Hour Primary and Secondary
National Ambient Air Quality Standards for Ozone'' (40 CFR part 50,
appendix I).
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Taking into account the extent and reliability of the applicable
ozone monitoring network, and the data collected therefrom and
summarized in table 1 of this document, we propose to determine that
the South Coast ozone nonattainment area failed to attain the 1997 8-
hour ozone standard (as defined in 40 CFR part 50, appendix I) by the
applicable attainment date (i.e., June 15, 2024).
III. Public Comment and Proposed Action
We are proposing to determine that the South Coast failed to attain
the 1997 8-hour ozone NAAQS by its June 15, 2024 attainment date, based
on quality-assured and certified ambient air quality monitoring data
from 2021 through 2023. The EPA is determining whether this area failed
to attain by the applicable attainment date solely for purposes of
triggering applicable anti-backsliding requirements. For Extreme areas,
applicable requirements triggered upon a finding that an area failed to
attain by the attainment date are nonattainment contingency measures
and CAA section 185 fee programs. We will accept comments from the
public on this proposal until September 16, 2024.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This proposed action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA not already approved by the OMB.
[[Page 66295]]
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose any enforceable duty on
any state, local, or tribal governments, or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.''
This proposed action does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP obligations discussed herein do not apply to Indian Tribes and thus
this proposed action will not impose substantial direct costs on Tribal
governments or preempt Tribal law. Nonetheless, the EPA has notified
the Tribes within the South Coast ozone nonattainment area of the
proposed action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
Executive Order 12898 establishes federal executive policy on
environmental justice. Its main provision directs federal agencies, to
the greatest extent practicable and permitted by law, to make
environmental justice part of their mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of their programs, policies, and
activities on minority populations and low-income populations in the
United States. There is no information in the record indicating that
this action is inconsistent with the stated goals 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, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: August 2, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-17573 Filed 8-14-24; 8:45 am]
BILLING CODE 6560-50-P
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