[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2311-2313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00178]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0240; FRL-10003-97-Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a schedule for California to submit an ``Extreme'' 
ozone nonattainment area plan addressing the requirements of CAA 
section 182(e) and revised title V and new source review (NSR) rules 
for the 1997 8-hour ozone national ambient air quality standards 
(NAAQS). The EPA is approving a deadline of one year from the effective 
date of this rule for the State to submit a state implementation plan 
(SIP) revision addressing these requirements and to implement the 
related control requirements.

DATES: This final action is effective on February 14, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2019-0240. All documents in the docket are 
listed on the https://www.regulations.gov 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 https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

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

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

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 10, 2019, the EPA granted \1\ a request by the California 
Air Resources Board (CARB) to voluntarily reclassify the Coachella 
Valley portion of Riverside County, California (``Coachella Valley'') 
from ``Severe-15'' to ``Extreme'' for the 1997 ozone NAAQS.\2\ On 
August 27, 2019 (84 FR 44801), the EPA proposed to require CARB and the 
South Coast Air Quality Management District (SCAQMD or ``District'') to 
submit SIP revisions addressing the requirements resulting from the 
EPA's reclassification by no later than July 10, 2020, one year from 
the effective date of the reclassification. Our proposal specified that 
the State's submittal must include an Extreme area plan that addresses 
the requirements of CAA section 182(e), including but not limited to: 
(1) An attainment demonstration showing attainment of the 1997 ozone 
NAAQS as expeditiously as practicable but no later than June 15, 2024; 
(2) a reasonable further progress (RFP) demonstration showing ozone 
precursor reductions of at least 3 percent per year until the 
attainment date; (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.\3\ In addition, as explained in the proposal, California must 
submit revised title V and NSR rules for the Coachella Valley that 
reflect the Extreme area definitions for new major sources and 
modifications, as well as increase the offset ratios for these sources 
and modifications consistent with CAA section 182(e)(1) and (2).\4\
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    \1\ 84 FR 32841; see also 84 FR 50760 (September 26, 2019) 
correcting the docket number. As explained in the July 10, 2019 
notice, 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.
    \2\ The EPA revoked the 1997 ozone NAAQS with the promulgation 
of the 2008 ozone NAAQS, 80 FR 12263 (March 6, 2015). Following 
revocation, certain requirements of the 1997 ozone NAAQS continue to 
apply as anti-backsliding measures under CAA section 172(e).
    \3\ Id. at 44802.
    \4\ Under CAA section 182(e), the major source threshold for an 
Extreme nonattainment area is 10 tons per year (tpy), which is lower 
than the 25 tpy threshold for a Severe-15 area. Under CAA section 
182(e)(1), the permitting offset ratios for volatile organic 
compound and oxides of nitrogen 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 the 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. See 42 U.S.C. 7511a(e).
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    Please see our August 27, 2019 proposed rule for additional 
background and a more detailed explanation of our proposed action.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received three comments, including one not 
relevant to the proposed action. The full text of these comments is 
available in the docket for this action.\5\ Below, we provide summaries 
of the two relevant comments and our responses.
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    \5\ See http://www.regulations.gov under docket ID number EPA-
R09-OAR-2019-0240.
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    Comment #1: One anonymous commenter supported the reclassification 
of the Coachella Valley, but asked how the reclassification will 
improve air quality. The commenter stated that air quality in the area 
calls for drastic action from the state, and cited other environmental 
hazards of concern, such as pesticide application, failing septic 
systems, illegal waste dumps, inadequate housing, unpaved streets and 
contaminated bodies of water. The commenter also emphasized the need 
for action on the part of public agencies, elected officials, 
foundations, businesses, advocates and residents.
    Response #1: The EPA granted the reclassification request, 
effective July 10, 2019. This action specifies the schedule for CARB to 
submit the elements necessary to meet the Extreme requirements for the 
1997 ozone NAAQS, including new rules to lower the major source 
threshold from 25 tons per year to 10 tons per year. The SCAQMD and 
CARB must identify and implement the control measures necessary to 
improve air quality sufficiently to attain the standards, and the EPA 
will take action on the submitted measures and elements in a separate 
action, with another opportunity for public comment.
    Comment #2: The SCAQMD requested additional time to submit a plan 
addressing the Extreme nonattainment requirements for the Coachella 
Valley. The District explained that the public process for amending the 
NSR and title V permitting rules is expected to take at least 9 months, 
and that the development of contingency measures would take at least 
one year to allow for sufficient public process. Based on these 
estimates and considering the time needed to develop the other SIP 
requirements, the District states that the proposed July 10, 2020 
deadline is not adequate to satisfy the applicable requirements. The 
District requests that the EPA extend the submittal deadline to one 
year from the effective date of the action.
    Response #2: We recognize that the District and CARB will require 
adequate time to develop and implement new measures and strategies, 
revise local rules, complete necessary analysis and demonstrations, and 
to provide adequate opportunities for public involvement. The State 
must ensure that all required planning elements for an Extreme 
nonattainment area are satisfied, that public processes are completed, 
and that the resulting plan is sufficient to demonstrate attainment of 
the 1997 ozone NAAQS in the Coachella Valley as expeditiously as 
practicable but no later than June 15, 2024. Because we find the 
District's request for additional time reasonable, and we believe the 
additional time will not impede the area's attainment of the standard 
by the attainment date, we agree with the commenter's proposed 
extension of the submittal deadline to one year from the effective date 
of this rule.

III. EPA Action

    For the reasons discussed in detail in the proposed rule and 
Section II of this document, the EPA is setting a deadline for 
submittal of SIP revisions to address the Extreme area requirements for 
the Coachella Valley as no later than one year from the effective date 
of this rule.

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 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

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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 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 it 
is not significant under Executive Order 12866.
    In addition, I certify that this action 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.), because the action 
addresses only the timing of submittals required by the Clean Air Act. 
For the same reason, this action does not have regulatory requirements 
that might significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    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.'' Because this action addresses only the 
timing of submittals required by the State and would not affect 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.
    This 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 action does not alter the relationship, or the 
distribution of power and responsibilities established in the Clean Air 
Act.
    This rule also is not subject to Executive Order 13045. The EPA 
interprets Executive Order 13045 as applying only to those regulatory 
actions that concern environmental health or safety risks such that the 
analysis required under section 5-501 of the Executive order has the 
potential to influence the regulation. This action does not concern an 
environmental health risk or safety risk.
    As this action 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 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. This action addresses the timing for 
the submittal of Extreme area ozone planning requirements, and we find 
that it does not have disproportionately high and adverse human health 
or environmental health effects on minority populations, low-income 
populations and/or indigenous peoples, as specified in Executive Order 
12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. 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 March 16, 2020. 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, Incorporation by reference, Ozone.

    Dated: December 18, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2020-00178 Filed 1-14-20; 8:45 am]
 BILLING CODE 6560-50-P


