[Federal Register Volume 84, Number 166 (Tuesday, August 27, 2019)]
[Proposed Rules]
[Pages 44801-44804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18432]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0240; FRL-9998-84-Region 9]


Extreme Area Submission Requirements, Coachella Valley 
Nonattainment Area; California Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) recently granted a 
request by the State of California to voluntarily reclassify the 
Coachella Valley nonattainment area from ``Severe-15'' to ``Extreme'' 
for the 1997 8-hour ozone national ambient air quality standards 
(NAAQS) under section 182(b)(3) of the Clean Air Act (CAA). In this 
action, the EPA is proposing a schedule for the State to submit an 
Extreme ozone nonattainment area plan and revised title V and new 
source review (NSR) rules. The EPA is proposing deadlines for submittal 
of those state implementation plan (SIP) revisions and for 
implementation of the related control requirements. Under the EPA's 
proposed schedule, California would be required to submit these 
elements no later than July 10, 2020 (12 months from the effective date 
of the area's reclassification). We are also clarifying some language 
related to tribal areas that was included in our reclassification rule.

DATES: Any comments must arrive by September 26, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2019-0240 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, EPA Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105, (415) 972-3856 or by email at 
kelly.thomasp@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. Background
II. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. Background

    This action concerns SIP revisions for the Coachella Valley portion 
of Riverside County, California (``Coachella Valley''), upon the area's 
reclassification to Extreme nonattainment for the 1997 ozone NAAQS. The 
Coachella Valley is overseen by the South Coast Air Quality Management 
District (``District'').
    Effective June 15, 2004, we classified the Coachella Valley as 
``Serious'' nonattainment for the 1997 ozone NAAQS.\1\ Our 
classification of Coachella Valley as a Serious ozone nonattainment 
area established a requirement that the area attain the 1997 ozone 
NAAQS as expeditiously as practicable, but no later than eight years 
from designation, i.e., June 15, 2012. On November 28, 2007, the 
California Air Resources Board (CARB) voluntarily

[[Page 44802]]

requested that the EPA reclassify the Coachella Valley from Serious to 
Severe-15. The EPA granted the voluntary reclassification, effective 
June 4, 2010, establishing a new Severe-15 attainment date of not later 
than June 15, 2019.\2\ On June 11, 2019, CARB submitted a request that 
the EPA reclassify the Coachella Valley from Severe-15 to Extreme for 
the 1997 ozone NAAQS. The EPA granted CARB's request for 
reclassification in a separate action, effective July 10, 2019.\3\ As 
explained in the notice for that action, the EPA's reclassification to 
Extreme nonattainment applies only to the portions of the Coachella 
Valley subject to the State's jurisdiction, and the EPA did not 
reclassify any areas of Indian country within the boundaries of the 
nonattainment area.\4\
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    \1\ 69 FR 23858 (April 30, 2004).
    \2\ 75 FR 24409 (May 5, 2010). Under CAA section 181(b)(3), the 
EPA must approve a state's request for voluntary reclassification to 
a higher ozone nonattainment classification.
    \3\ 84 FR 32841 (July 10, 2019).
    \4\ Id.
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    The EPA's reclassification notice recognized a recent decision of 
the United States Court of Appeals for the District of Columbia 
Circuit, South Coast Air Quality Management District v. EPA, 882 F.3d 
1138 (D.C. Cir. 2018) (``South Coast II''), as it relates to the EPA's 
obligations for a revoked NAAQS. As described in that notice, the EPA 
revoked the 1997 ozone NAAQS in 2015, and the Court in South Coast II 
held that the EPA's obligation to reclassify areas failing to meet an 
attainment date is an anti-backsliding control applicable to the 
revoked 1997 NAAQS. The notice stated that although the Court did not 
address voluntary reclassifications requested by states, such 
reclassifications are consistent with the general scheme for 
implementing CAA emissions controls to achieve attainment and serve to 
clarify an area's anti-backsliding obligations with respect to the 
revoked 1997 NAAQS.\5\ This proposal clarifies the anti-backsliding 
obligations for the Coachella Valley by establishing a schedule for the 
State to submit the plan elements for an Extreme area.
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    \5\ Id.
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II. Proposed Action and Public Comment

    In this action, we are proposing to require the State to submit SIP 
revisions to address the requirements resulting from the EPA's 
reclassification of the Coachella Valley to Extreme nonattainment for 
the 1997 ozone NAAQS by no later than July 10, 2020, one year from the 
effective date of the reclassification. The State's submittal must 
include an Extreme area plan that addresses the requirements of CAA 
section 182(e) as well as revisions to the NSR and title V rules 
applicable to the area. In this proposed action, we are also clarifying 
one aspect of our July 10, 2019 rule related to Indian country of the 
Santa Rosa Band of Cahuilla Indians.

A. Extreme Area Plan Requirements

    Under CAA section 182(e), an attainment plan for an Extreme area 
must include the elements required for a Severe area as well as 
additional plan elements for an Extreme area.\6\ Where applicable, the 
plan elements should reflect the reduction of the major source 
threshold under 182(e) from 25 tons per year for a Severe area to 10 
tons per year for an Extreme area. The requirements for an Extreme area 
plan include, but are not limited to: (1) An attainment demonstration; 
(2) a reasonable further progress (RFP) demonstration showing ozone 
precursor reductions of at least 3 percent per year until the 
attainment date; \7\ (3) additional reasonably available control 
technology (RACT) rules to address sources subject to the lower Extreme 
area major source threshold; (4) use of clean fuels or advanced control 
technology for boilers as described at CAA section 182(e)(3); and (5) 
contingency measures.
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    \6\ CAA section 182(e) specifically excludes certain Severe area 
requirements from the Extreme area requirements, e.g., CAA section 
182(c)(6), (7), and (8).
    \7\ CAA section 182(e) does not allow the state to use the 
provision at CAA section 182(c)(2)(B)(ii) that allows RFP reductions 
of less than 3 percent per year based on additional demonstrations.
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    For the Coachella Valley, the District and State will need to 
submit a plan that includes all elements required under CAA section 
182(e), and that demonstrates attainment of the 1997 ozone NAAQS as 
expeditiously as practicable but no later than June 15, 2024. The plan 
should identify adopted measures sufficient to make the required RFP 
and attainment demonstrations for the area.\8\
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    \8\ CAA section 182(e)(5) allows the EPA to approve an Extreme 
area attainment demonstration based on anticipated development of 
new control techniques or improvement of existing control 
technologies. This option requires a state to demonstrate that 
provisions based on these new techniques or improvements are not 
necessary to meet emission reductions required within the first 10 
years after an area's designation as Extreme, and to submit, at 
least three years before implementation of the proposed provisions 
relying on new technology, contingency measures to be implemented in 
case the anticipated technologies do not achieve the planned 
reductions. Based on the shorter timeline to attainment (roughly 5 
years from reclassification), use of CAA section 182(e)(5) is not 
appropriate in this instance.
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    For areas initially designated Extreme, the CAA provides 4 years 
from the date of designation to submit the required SIP elements to the 
EPA. The statutory deadline for SIP submissions for areas initially 
designated as Extreme for the 1997 ozone NAAQS passed in June 2008. 
Under its general CAA section 301(a) authority, the EPA is establishing 
a new deadline of July 10, 2020, i.e., 12 months from the effective 
date of reclassification, for the State to submit SIP revisions 
addressing the Extreme area requirements for the Coachella Valley. This 
timeframe is consistent with how the EPA has handled establishing SIP 
submission deadlines under CAA section 182(i) for ozone areas 
reclassified by operation of law under CAA section 181(b)(2).\9\ The 
EPA has also considered that for pollutants other than ozone, the Clean 
Air Act provides twelve months for states to submit revised attainment 
demonstration SIP submissions when an area fails to attain by its 
attainment date.\10\ This timeframe generally allows for the time 
necessary for states and local air districts to finish reviews of 
available control measures, adopt revisions to necessary attainment 
strategies, address other SIP requirements and complete the public 
notice process necessary to adopt and submit timely SIP revisions.
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    \9\ See, e.g., 75 FR 79302 (Dec. 20, 2010) (Dallas-Ft. Worth, 
Texas, reclassification to Serious for the 1997 8-hour ozone NAAQS); 
69 FR 16483 (March 30, 2004) (Beaumont-Port Arthur, Texas, 
reclassification to Serious for the 1979 1-hour ozone NAAQS); 68 FR 
4836 (Jan. 30, 2003) (St. Louis, Missouri, reclassification to 
Serious for the 1979 1-hour ozone NAAQS).
    \10\ See CAA section 179(d)(1) (providing 12 months for a state 
to submit a new attainment demonstration after a determination that 
the area failed to attain by its attainment date).
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    The RACT controls for an area classified as Extreme for the 1997 
ozone NAAQS should be implemented before the ozone season of the 
classification's attainment year, i.e., the ozone season immediately 
preceding the maximum attainment date. For the Coachella Valley, which 
has a year-round ozone season and a June 15, 2024 Extreme area 
attainment date, RACT controls must be implemented by January 1, 2023.

B. NSR and Title V Program Revisions

    In addition to the required plan revisions discussed in section 
II.A of this notice, the State must submit, by July 10, 2020, revised 
District NSR rules for the Coachella Valley that reflect the Extreme 
area definitions for new major sources and modifications, and to 
increase the offset ratios for these sources and modifications 
consistent with CAA section 182(e)(1) and (2). Under CAA section 
182(e)(1), the volatile organic compound and oxides

[[Page 44803]]

of nitrogen offset ratios for major sources and modifications in an 
Extreme nonattainment area must be at least 1.5 to 1, or at least 1.2 
to 1 if the plan requires all existing major sources in the 
nonattainment area to use best available control technology. Under CAA 
section 182(e)(2), any change at a major stationary source that results 
in an increase in emissions from any discrete operation, unit, or other 
pollutant emitting activity at the source is generally considered a 
modification, subject to additional provisions for emissions increases 
offset through internal reductions and for equipment that is installed 
to comply with CAA requirements. The District must also make any 
changes in its title V operating permits program for the Coachella 
Valley necessary to reflect the change in the major source threshold 
from 25 tons per year for Severe areas to 10 tons per year for Extreme 
areas. The rationale for the EPA's deadline of July 10, 2020 is 
discussed in Section II.A.

C. Clarification of Indian Country in the Coachella Valley 
Reclassification

    Our July 10, 2019 rule approving the State's request to reclassify 
the Coachella Valley to Extreme for the 1997 ozone NAAQS applied only 
to areas under state jurisdiction and did not change the nonattainment 
classification for any areas subject to tribal jurisdiction. Our rule 
identified tribes located within the Coachella Valley and indicated 
that Indian country under the jurisdiction of these tribes would remain 
classified as Severe-15, including land under the jurisdiction of the 
Santa Rosa Band of Cahuilla Indians. However, the rule did not mention 
that the reservation lands of the Santa Rosa Band of Cahuilla Indians 
includes lands located in both the Coachella Valley and the South Coast 
ozone nonattainment (``South Coast'') areas. The portion of the Santa 
Rosa Reservation located in the South Coast is classified as Extreme 
nonattainment.\11\ In this proposal, we reiterate that our 
reclassification did not change the nonattainment classification of any 
areas of Indian country and clarify that references to Indian country 
of the Santa Rosa Band of Cahuilla Indians in our reclassification rule 
apply only to the portions of the Santa Rosa Reservation located within 
the Coachella Valley. The portion of the reservation lands of the Santa 
Rosa Band of Cahuilla Indians located within the South Coast 
nonattainment area remains classified as Extreme for the 1997 ozone 
NAAQS. The portion of the reservation lands of the Santa Rosa Band of 
Cahuilla Indians located within the Coachella Valley nonattainment area 
remains classified as Serious for the 1997 ozone NAAQS.
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    \11\ See 75 FR 24409, 24416 (May 5, 2010).
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    We will accept comments from the public on this proposal until 
September 26, 2019.

IV. Statutory and Executive Order Reviews

    Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
13563 (76 FR 3821, January 21, 2011), this proposed action is not a 
``significant regulatory action'' and therefore is not subject to 
review by the Office of Management and Budget. Because the statutory 
requirements are clearly defined with respect to the differently 
classified areas, and because those requirements are automatically 
triggered by classification, the timing of the submittal of the Extreme 
area requirements does not impose a materially adverse impact under 
Executive Order 12866. For these reasons, this proposed action is also 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). Furthermore, this action is not an Executive 
Order 13771 (82 FR 9339, February 2, 2017) regulatory action because 
this action is not significant under Executive Order 12866.
    In addition, I certify that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This 
proposed action 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), because the EPA is seeking 
comment solely on the timing of submittal requirements.
    Executive Order 13175 (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.'' The reclassification does not apply to 
tribal areas, and the proposed rule would not impose a burden on Indian 
reservation lands or other areas where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction within the Coachella Valley, 
and thus, this proposed rule 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.
    This proposed action also does not have federalism implications 
because it does 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, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999). This proposed action does not alter the relationship, 
or the distribution of power and responsibilities established in the 
Clean Air Act.
    This proposed rule also is not subject to Executive Order 13045, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because the EPA interprets 
Executive Order 13045 as applying only to those regulatory actions that 
concern health or safety risks, such that the analysis required under 
section 5-501 of the Executive Order has the potential to influence the 
regulation.
    As this proposal would set a deadline for the submittal of CAA 
required plans and information, the requirements of section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply. This proposed rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    Executive Order 12898 (59 FR 7629, February 16, 1994) 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. The EPA believes that this action, 
which addresses the timing for the submittal of Extreme area ozone 
planning requirements, does not have disproportionately high and 
adverse human health or environmental health effects on minority 
populations, low-income populations and/or indigenous

[[Page 44804]]

peoples, as specified in Executive Order 12898.

List of Subjects in 40 CFR Part 52

    Environmental protection, Incorporation by reference, Ozone.

    Dated: August 14, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019-18432 Filed 8-26-19; 8:45 am]
 BILLING CODE 6560-50-P


