[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Rules and Regulations]
[Pages 33830-33831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11006]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0936; FRL-10470-02-R9]


Clean Air Plans; 2015 8-Hour Ozone Nonattainment Area 
Requirements; Clean Fuels for Fleets; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a revision to the California State Implementation 
Plan (SIP) concerning the provisions for Clean Fuels for Fleets (CFF) 
for the 2015 ozone national ambient air quality standards (``2015 ozone 
NAAQS'') in the Riverside County (Coachella Valley), Sacramento Metro, 
San Joaquin Valley, Los Angeles--South Coast Air Basin (South Coast), 
Ventura County, and Los Angeles--San Bernardino Counties (West Mojave 
Desert) nonattainment areas (NAAs). The SIP revision includes the 
``California Clean Fuels for Fleets Certification for the 70 ppb Ozone 
Standard'' (``Clean Fuels for Fleets Certification''), a multi-district 
certification that California's Low-Emission Vehicle (LEV) program 
achieved emissions reductions at least equivalent to the reductions 
that would be achieved by the EPA's Clean Fuels for Fleets Program, 
submitted on February 3, 2022. We are approving the revision under the 
Clean Air Act (CAA or ``the Act''), which establishes clean fuels for 
fleets requirements for ``Serious,'' ``Severe,'' and ``Extreme'' ozone 
NAAs.

DATES: This rule is effective June 26, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0936. 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. 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: Andrew Ledezma, Planning Section (ARD-
2-1), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105. By 
phone: (415) 972-3985 or by email at [email protected].

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 March 3, 2023, the EPA proposed to approve a revision \1\ to the 
California SIP concerning the provisions for CFF for the 2015 ozone 
NAAQS in the Coachella Valley, Sacramento Metro, San Joaquin Valley, 
South Coast, Ventura County, and West Mojave Desert NAAs.\2\ In our 
March 3, 2023 proposed rulemaking, we provided background information 
on the 2015 ozone standards, area designations in California, and 
classifications for the 2015 ozone NAAQS.
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    \1\ In this final rulemaking, we are clarifying the terminology 
that we used to describe our proposed action regarding California's 
Clean Fuels for Fleets Certification by changing it from 
``revisions'' to the California SIP to ``a revision'' to the 
California SIP. This change more accurately reflects the contents of 
the submittal, which includes a single, multi-district 
certification. Our change in terminology does not reflect any change 
in our evaluation or action, rather, it is a clarification of the 
action we are taking.
    \2\ 88 FR 13392 (March 3, 2023).
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    The proposed rulemaking describes the SIP revision the California 
Air Resources Board (CARB) submitted to the EPA to fulfill the CFF 
requirements under section 182(c)(4) and section 246 of the CAA that 
apply to the Coachella Valley, Sacramento Metro, San Joaquin Valley, 
South Coast, Ventura County, and West Mojave Desert NAAs. The proposed 
rulemaking explains that for Serious, Severe, and Extreme nonattainment 
areas with 1980 populations greater than 250,000, a minimum specified 
percentage of all new covered fleet vehicles in model year 1998 and 
thereafter, purchased by each covered fleet operator in each covered 
area, must be clean-fuel vehicles and must use clean alternative fuels 
when operating in the covered area. The proposed rulemaking also 
explains that section 182(c)(4)(B) of the CAA allows states to opt out 
of the Federal CFF Program by submitting a SIP revision consisting of a 
program or programs that will result in equivalent or greater long-term 
reductions in ozone precursors. Lastly, the proposed rulemaking notes 
that in 1994, CARB submitted a SIP revision to the EPA to opt out of 
the Federal CFF Program and included a demonstration that California's 
LEV program achieves emissions reductions at least as large as would be 
achieved by the Federal program. The EPA approved the California SIP 
revision to opt out of the CFF Program effective September 27, 1999.\3\
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    \3\ 64 FR 46849 (August 27, 1999).
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    In this action we are approving CARB's certification that the 
State's LEV program meets the CFF requirements for the 2015 ozone NAAQS 
for the Coachella Valley, Sacramento Metro, San Joaquin Valley, South 
Coast, Ventura County, and West Mojave Desert NAAs. Please refer to our 
proposed rulemaking for more information concerning the background for 
this action and for a more detailed discussion of the rationale for 
approval.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, the EPA received one comment from a private 
individual and four anonymous comments related to the rulemaking. All 
five comments were supportive of our proposed action and do not require 
a response. The full text of these comments is available for viewing in 
the docket for this rulemaking.

III. EPA Action

    No comments were submitted that change our assessment of the multi-
district certification as described in our proposed action. Therefore, 
as authorized in sections 182(c)(4) and 246 of the CAA, the EPA is 
approving the revision to the California SIP concerning the provisions 
for CFF for the 2015 ozone NAAQS in the Coachella Valley, Sacramento 
Metro, San Joaquin Valley,

[[Page 33831]]

South Coast, Ventura County, and West Mojave Desert NAAs.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act.
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the 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 (65 FR 67249, November 9, 
2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The State did not evaluate environmental justice considerations as 
part of its SIP submittal; the CAA and applicable implementing 
regulations neither prohibit nor require such an evaluation. 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 goal of E.O. 12898 of achieving environmental justice for people 
of color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 24, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 18, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends part 52, chapter I, title 40 of the Code of 
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(597) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (597) The following multi-district certification was submitted on 
February 3, 2022, by the Governor's designee, as an attachment to a 
letter dated February 3, 2022.
    (i) [Reserved]
    (ii) Additional materials. (A) California Air Resources Board.
    (1) ``California Clean Fuels for Fleets Certification for the 70 
ppb Ozone Standard,'' adopted on January 27, 2022.
    (2) [Reserved]
    (B) [Reserved]

[FR Doc. 2023-11006 Filed 5-24-23; 8:45 am]
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