Rule2024-28529
Finding of Failure To Submit State Implementation Plan Submissions for the 2008 and 2015 Ozone National Ambient Air Quality Standards; California; San Diego County Area
Primary source
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Published
December 12, 2024
Effective
January 13, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to find that California has failed to submit State Implementation Plan (SIP) elements required under the Clean Air Act (CAA or the "Act") for the 2008 and 2015 8-hour ozone national ambient air quality standards (NAAQS) in the San Diego County nonattainment area. California was required to submit a SIP submission demonstrating that reasonably available control technology (RACT) requirements are implemented at the "Serious" nonattainment area classification for the 2008 and 2015 ozone NAAQS. The State submitted the required RACT demonstrations on December 28, 2020, but subsequently withdrew portions of its submission on August 23, 2024. If the EPA has not affirmatively found that the State has submitted a complete SIP for the withdrawn RACT element requirements within 18 months of this finding, the offset sanction will apply in the area. If within six additional months the EPA has still not affirmatively determined that the State has submitted a complete SIP for the withdrawn RACT element requirements, the highway funding sanction will apply in the area. No later than two years after the EPA makes this finding, if the State has not submitted and the EPA has not approved each of the required RACT elements, the EPA must promulgate a federal implementation plan (FIP) to address the remaining requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 239 (Thursday, December 12, 2024)</title>
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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Rules and Regulations]
[Pages 100377-100380]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28529]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0369; FRL-12352-01-R9]
Finding of Failure To Submit State Implementation Plan
Submissions for the 2008 and 2015 Ozone National Ambient Air Quality
Standards; California; San Diego County Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final action.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to find that California has failed to submit State
Implementation Plan (SIP) elements required under the Clean Air Act
(CAA or the ``Act'') for the 2008 and 2015 8-hour ozone national
ambient air quality standards (NAAQS) in the San Diego County
nonattainment area. California was required to submit a SIP submission
demonstrating that reasonably available control technology (RACT)
requirements are implemented at the ``Serious'' nonattainment area
classification for the 2008 and 2015 ozone NAAQS. The State submitted
the required RACT demonstrations on December 28, 2020, but subsequently
withdrew portions of its submission on August 23, 2024. If the EPA has
not affirmatively found that the State has submitted a complete SIP for
the withdrawn RACT element requirements within 18 months of this
finding, the offset sanction will apply in the area. If within six
additional months the EPA has still not affirmatively determined that
the State has submitted a complete SIP for the withdrawn RACT element
requirements, the highway funding sanction will apply in the area. No
later than two years after the EPA makes this finding, if the State has
not submitted and the EPA has not approved each of the required RACT
elements, the EPA must promulgate a federal implementation plan (FIP)
to address the remaining requirements.
DATES: This action is effective January 13, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0369. 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 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: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by
email at <a href="/cdn-cgi/l/email-protection#117279747f3f746476747f74517461703f767e67"><span class="__cf_email__" data-cfemail="8deee5e8e3a3e8f8eae8e3e8cde8fdeca3eae2fb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedure
Act (APA), U.S.C. 553(b)(B), provides that an agency may issue a rule
without providing notice and an opportunity for public comment when
that agency finds for good cause that notice and public procedure are
impracticable, unnecessary, or contrary to public interest. The EPA has
determined that there is a good cause for issuing this finding without
prior proposal and opportunity for comment because there is little or
no judgment involved for the EPA to make a finding of failure to submit
SIPs or elements of SIPs required by the CAA, where states have not
submitted a required SIP revision, made incomplete submissions, or, as
in this case, withdrawn an existing submission. In such circumstances,
the EPA finds that notice and public procedures are unnecessary and
that this constitutes good cause under 5 U.S.C 553(b)(B).
Throughout this document, ``we,'' ``us,'' and ``our'' refer to the
EPA.
Table of Contents
I. Background
II. Consequences of Findings of Failure To Submit
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Emissions of volatile organic compounds (VOCs) and oxides of
nitrogen (NO<INF>X</INF>) contribute to the production of ground-level
ozone, smog, and particulate matter (PM), which harm human health and
the environment. Section 110(a) of the CAA requires states to submit
regulations that control VOC and NO<INF>X</INF> emissions. Sections
182(b)(2) and (f) require that SIPs for ozone nonattainment areas that
are classified as Moderate or above implement RACT for any source
covered by a Control Techniques Guidelines (CTG) document and for any
major source of VOCs or NO<INF>X</INF>. Section III.D of the preamble
to the EPA's final rule to implement the 2008 ozone NAAQS further
discusses RACT requirements.\1\ Section III.D states, in part, that
RACT SIPs must contain adopted RACT regulations, certifications that
existing provisions meet the RACT requirement (where appropriate), and/
or negative declarations that no sources in the nonattainment area are
covered by a specific CTG.\2\ It also provides that states must submit
appropriate supporting information for their RACT submissions as
described in the EPA's implementation rule for the 1997 ozone NAAQS.\3\
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\1\ 80 FR 12264 (March 6, 2015). Per 83 FR 62998 (December 6,
2018), these provisions were retained without significant revision
for purposes of implementing the 2015 ozone NAAQS.
\2\ Id. at 12278.
\3\ Id.; 70 FR 71612, 71652 (November 29, 2005).
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The San Diego County ozone nonattainment area is classified as
``Severe'' nonattainment for the 2008 and 2015 ozone standards.\4\ On
March 27, 2008, the EPA finalized an action to revise the 8-hour ozone
NAAQS to 0.075 parts per million (ppm).\5\ San Diego County was
originally designated as a ``Marginal'' nonattainment area and has
subsequently been reclassified to a Severe nonattainment area for the
2008 8-hour ozone NAAQS.\6\ On October 26, 2015, the EPA finalized an
action to revise the 8-hour ozone NAAQS to 0.070 ppm.\7\ San Diego
County was originally designated as a ``Moderate'' nonattainment area,
and has subsequently been reclassified to a
[[Page 100378]]
Severe nonattainment area for the 2015 8-hour ozone NAAQS.\8\
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\4\ 40 CFR 81.305.
\5\ 73 FR 16435.
\6\ 77 FR 30088 (May 21, 2012, Marginal), 81 FR 26697 (May 4,
2016, Moderate), 84 FR 44238 (August 23, 2019, Serious), 86 FR 29522
(June 2, 2021, Severe).
\7\ 80 FR 65292.
\8\ 83 FR 28776 (June 4, 2018, Moderate), 86 FR 29522 (June 2,
2021, Severe). SDCAPCD voluntarily requested reclassification from
Moderate to Severe nonattainment. The applicable attainment date
would be as expeditious as practicable but no later than August 3,
2033 for the 2015 ozone NAAQS.
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The San Diego County Air Pollution Control District (SDCAPCD or
``District'') has jurisdiction over the entirety of San Diego County,
and as a result of the area's Severe classification for the 2008 and
2015 ozone standards, SDCAPCD must, at a minimum, adopt RACT-level
controls for all sources covered by a CTG document and for all major
non-CTG sources of VOCs or NO<INF>X</INF> within the nonattainment
area. Any stationary source that emits or has the potential to emit at
least 25 tons per year (tpy) of VOCs or NO<INF>X</INF> is a major
stationary source in a Severe ozone nonattainment area.\9\
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\9\ CAA sections 182(d) and (f) and 302(j).
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On October 14, 2020, the District adopted a SIP revision containing
an analysis of its compliance with the CAA section 182 RACT
requirements for the 2008 and 2015 8-hour ozone standards (``2020 RACT
SIP''). Specifically, the 2020 RACT SIP contained a RACT demonstration
for the 2015 8-hour ozone standard, an updated RACT demonstration for
the 2008 8-hour ozone standard following the area's reclassification to
a Severe ozone nonattainment area, as well as updated information for
certain RACT elements for the 2008 8-hour standard at the Moderate
classification. The California Air Resources Board (CARB) submitted the
District's 2020 RACT SIP to the EPA on December 28, 2020.\10\ The EPA
subsequently took final action to approve all elements of the 2020 RACT
SIP related to the 2008 ozone standard at the Moderate classification.
In addition, while the EPA took final action to approve the negative
declarations for certain elements of the 2020 RACT SIP related to the
2015 ozone standard and 2008 ozone standard at the Severe
classification, we have not acted upon the majority of the other
elements related to the two standards.\11\
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\10\ See Docket Item A-01. Letter dated December 28, 2020, from
Richard W. Corey, Executive Director, CARB, to John W. Busterud,
Regional Administrator, EPA Region IX.
\11\ 87 FR 38665 (June 29, 2022)
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On August 23, 2024, CARB submitted a letter to the EPA from SDCAPCD
that withdrew a majority of the 2020 RACT SIP because it was no longer
deemed appropriate for inclusion into the California SIP.\12\ The
withdrawal encompasses all elements of the 2020 RACT SIP with the
exception of the negative declaration associated with the Control
Techniques Guideline (CTG) titled Control Techniques Guidelines for the
Oil and Natural Gas Industry (EPA-453/B-16-001).
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\12\ See Docket Item A-02. Letter dated August 23, 2024, from
Michael Benjamin, Chief, Air Quality Planning and Science Division,
CARB, to Martha Guzman, Regional Administrator, EPA Region IX.
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II. Consequences of Findings of Failure To Submit
For plan requirements under part D, title I, of the CAA, such as
those for ozone nonattainment areas, if the EPA finds that a state has
failed to make the required SIP submission, then CAA section 179
establishes specific consequences, including the eventual imposition of
mandatory sanctions for the affected area. Additionally, such a finding
triggers an obligation under CAA section 110(c) for the EPA to
promulgate a FIP no later than two years from the effective date of the
finding, if the affected state has not submitted, and the EPA has not
approved, the required SIP submissions.
If the EPA has not affirmatively determined that a state has
submitted a complete SIP addressing the deficiency that is the basis
for these findings within 18 months of the effective date of this
rulemaking, pursuant to CAA sections 179(a) and (b) and 40 CFR 52.31,
the emissions offset sanction identified in CAA section 179(b)(2) will
apply to the affected nonattainment area. If the EPA has not
affirmatively determined that the state has submitted a complete SIP
addressing the deficiency that is the basis for these findings within
six months after the offset sanction is imposed, the highway funding
sanction will apply in the affected nonattainment area, in accordance
with CAA section 179(b)(1) and 40 CFR 52.31. The State must make the
required SIP submission, and the EPA must take final action to approve
the submission within two years of the effective date of this finding;
otherwise, the EPA is required to promulgate a FIP to address the
relevant requirements. This is required pursuant to CAA section 110(c)
for the affected nonattainment area.
Based upon the withdrawal of the 2020 RACT SIP as described in
Section I of this rulemaking, the EPA is finding that California has
failed to make the required submittals for the RACT elements for the
2008 and 2015 ozone NAAQS for the San Diego County nonattainment area
listed in Table 1 below.
Table 1--List of Withdrawn RACT Elements for the 2008 and 2015 Ozone
NAAQS
[Severe classifications]
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CTG document No. RACT element
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EPA-450/R-75-102............. Design Criteria for Stage I Vapor
Control--Gasoline Service Stations.
EPA-450/2-77-008............. Surface Coating of Cans.
EPA-450/2-77-008............. Surface Coating of Coils.
EPA-450/2-77-008............. Surface Coating of Paper.
EPA-450/2-77-008............. Surface Coating of Fabric.
EPA-450/2-77-008............. Surface Coating of Automobiles and Light-
Duty Trucks.
EPA-450/2-77-022............. Solvent Metal Cleaning.
EPA-450/2-77-025............. Refinery Vacuum Producing Systems,
Wastewater Separators, and Process Unit
Turnarounds.
EPA-450/2-77-026............. Tank Truck Gasoline Loading Terminals.
EPA-450/2-77-032............. Surface Coating of Metal Furniture.
EPA-450/2-77-033............. Surface Coating of Insulation of Magnet
Wire.
EPA-450/2-77-034............. Surface Coating of Large Appliances.
EPA-450/2-77-035............. Bulk Gasoline Plants.
EPA-450/2-77-036............. Storage of Petroleum Liquids in Fixed-
Roof Tanks.
EPA-450/2-77-037............. Cutback Asphalt.
EPA-450/2-78-015............. Surface Coating of Miscellaneous Metal
Parts and Products.
EPA-450/2-78-030............. Manufacture of Pneumatic Rubber Tires.
EPA-450/2-78-032............. Factory Surface Coating of Flat Wood
Paneling.
[[Page 100379]]
EPA-450/2-78-033............. Graphic Arts--Rotogravure and
Flexography.
EPA-450/2-78-036............. Leaks from Petroleum Refinery Equipment.
EPA-450/2-78-047............. Petroleum Liquid Storage in External
Floating Roof Tanks.
EPA-450/2-78-051............. Leaks from Gasoline Tank Trucks and Vapor
Collection Systems.
EPA-450/3-82-009............. Large Petroleum Dry Cleaners.
EPA-450/3-83-006............. Leaks from Synthetic Organic Chemical
Polymer and Resin Manufacturing
Equipment.
EPA-450/3-83-007............. Leaks from Natural Gas/Gasoline
Processing Plants.
EPA-450/3-83-008............. Manufacture of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins.
EPA-450/3-84-015............. Air Oxidation Processes in Synthetic
Organic Chemical Manufacturing Industry.
EPA-450/4-91-031............. Reactor Processes and Distillation
Operations in Synthetic Organic Chemical
Manufacturing Industry.
EPA-453/R-96-007............. Wood Furniture Manufacturing Operations.
EPA-453/R-94-032 61 FR 44050; ACT Surface Coating at Shipbuilding and
8/27/96. Ship Repair Facilities Shipbuilding and
Ship Repair Operations (Surface
Coating).
EPA-453/R-97-004 59 FR 29216; Aerospace MACT and Aerospace (CTG &
6/06/94. MACT).
EPA-453/R-06-001............. Industrial Cleaning Solvents.
EPA-453/R-06-002............. Offset Lithographic Printing and
Letterpress Printing.
EPA-453/R-06-003............. Flexible Package Printing.
EPA-453/R-06-004............. Flat Wood Paneling Coatings.
EPA 453/R-07-003............. Paper, Film, and Foil Coatings.
EPA 453/R-07-004............. Large Appliance Coatings.
EPA 453/R-07-005............. Metal Furniture Coatings.
EPA 453/R-08-003............. Miscellaneous Metal Parts Coatings, Table
2--Metal Parts and Products.
EPA 453/R-08-005............. Miscellaneous Industrial Adhesives.
EPA 453/R-08-006............. Automobile and Light-Duty Truck Assembly
Coatings.
Non-CTG Major Sources of VOC.
Non-CTG Major Sources of NOX.
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In addition, we have previously taken action on several RACT
elements for the 2008 and 2015 ozone NAAQS for the San Diego County
nonattainment area. A summary of the status of the elements that were
not withdrawn are listed below in Table 2.
Table 2--Status of Remaining RACT Elements for the 2008 and 2015 Ozone NAAQS
[Severe classifications]
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CTG document No. RACT element Status
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EPA-450/2-78-029..................... Manufacture of Synthesized Pharmaceutical Approved.\a\
Products.
EPA 453/R-08-003..................... Miscellaneous Plastic Parts Coatings, Table 3-- Approved.\a\
Plastic Parts and Products.
EPA 453/R-08-003..................... Miscellaneous Plastic Parts Coatings, Table 4-- Approved.\a\
Automotive/Transportation and Business Machine
Plastic Parts.
EPA 453/R-08-003..................... Miscellaneous Plastic Parts Coatings, Table 5-- Approved.\a\
Pleasure Craft Surface Coating.
EPA 453/R-08-003..................... Miscellaneous Plastic Parts Coatings, Table 6-- Approved.\a\
Motor Vehicle Materials.
EPA 453/R-08-004..................... Fiberglass Boat Manufacturing Materials......... Approved.\a\
EPA 453/B-16-001..................... Oil and Natural Gas Industry.................... Approved.\b\
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\a\ The EPA took final action to approve negative declarations for these RACT elements for the 2008 and 2015
ozone standards on June 29, 2022 (87 FR 38665).
\b\ The EPA took final action to approve the negative declaration for this RACT element for the 2008 and 2015
ozone standards on November 4, 2024 (89 FR 87505).
With this finding, section 179 of the CAA starts sanctions clocks
and a FIP clock. California may avoid these sanctions by taking timely
action to remedy this finding. The clock governing the CAA's imposition
of sanctions for these areas will stop and sanctions will not take
effect if the EPA finds that the State has made a complete SIP
submission addressing the RACT elements listed in Table 1 for this area
within 18 months of the date of this finding. Similarly, the EPA is not
required to promulgate a FIP if California makes the required SIP
submissions, and the EPA takes final action to approve the submissions
within two years of this finding of failure to submit a required SIP.
In sum, the CAA does not require sanctions or a FIP if the State and
the EPA take timely action to remedy this finding.
III. Final Action
In this action, the EPA finds that, following the August 23, 2024
withdrawal of the 2020 RACT SIP for the San Diego County ozone
nonattainment area, California has failed to submit certain RACT SIP
elements for the 2008 and 2015 ozone NAAQS required under subpart 4 of
part D of title I of the CAA. Specifically, California has failed to
submit those RACT SIP elements listed in Table 1. The consequences of
this finding are discussed in Section II of this action.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www2.epa.gov//laws-regulations/laws-and-executive-orders.gov">https://www2.epa.gov//laws-regulations/laws-and-executive-orders.gov</a>.
[[Page 100380]]
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This 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 an information collection burden under
the provisions of the PRA because it does not impose additional
requirements beyond those imposed by state law.
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 beyond those
imposed by state law.
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 additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.
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: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because 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, and it will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health 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 impose additional requirements
beyond those imposed by state law.
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 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 Populations
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 communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines 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 District did not evaluate EJ 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 goals of
Executive Order 12898 of achieving EJ for communities with EJ concerns.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 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).
L. Petitions for Judicial Review
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 10, 2025. 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, Administrative practice and procedures,
Air pollution control, Approval and promulgation of implementation
plans, Incorporation by reference, Intergovernmental relations,
Particulate matter, and Reporting and recordkeeping requirements.
Dated: November 26, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-28529 Filed 12-11-24; 8:45 am]
BILLING CODE 6560-50-P
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