82 FR 28560 - Approval of California Air Plan Revisions, Western Mojave Desert, Rate of Progress Demonstration

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 120 (June 23, 2017)

Page Range		28560-28561
FR Document		2017-12966

The Environmental Protection Agency (EPA) is approving a state implementation plan revision submitted by the State of California to meet Clean Air Act requirements applicable to the Western Mojave Desert ozone nonattainment area. Specifically, the EPA is approving the initial six-year 15 percent rate of progress demonstration to address requirements for the 1997 8-hour ozone national ambient air quality standards.

Federal Register, Volume 82 Issue 120 (Friday, June 23, 2017)

[Federal Register Volume 82, Number 120 (Friday, June 23, 2017)]
[Rules and Regulations]
[Pages 28560-28561]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12966]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0028; FRL-9963-86-Region 9]


Approval of California Air Plan Revisions, Western Mojave Desert, 
Rate of Progress Demonstration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state 
implementation plan revision submitted by the State of California to 
meet Clean Air Act requirements applicable to the Western Mojave Desert 
ozone nonattainment area. Specifically, the EPA is approving the 
initial six-year 15 percent rate of progress demonstration to address 
requirements for the 1997 8-hour ozone national ambient air quality 
standards.

DATES:  This final rule is effective on July 24, 2017.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2017-0028 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (CBI)). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), EPA Region IX, (415) 972-3856, [email protected].

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

Table of Contents

I. Summary of Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On March 9, 2017, the EPA proposed to approve, under section 
110(k)(3) of the Clean Air Act (CAA or the Act), the initial six-year 
15 percent rate of progress (ROP) demonstration to address requirements 
for the 1997 8-hour ozone national ambient air quality standards 
(NAAQS) for the Western Mojave Desert (WMD) nonattainment area. 82 FR 
13086. This demonstration is contained in a state implementation plan 
(SIP) submittal from the California Air Resources Board entitled 
``Proposed Updates to the 1997 8-Hour Ozone Standard, State 
Implementation Plans: Coachella Valley and Western Mojave Desert 8-hour 
Ozone Nonattainment Areas'' (``2014 SIP Update'').\1\ As explained in 
the proposal, the ROP demonstration is an element of the reasonable 
further progress demonstration contained at Table C-2 of the 2014 SIP 
Update and discussed at page 10 of the 2014 SIP Update. It is supported 
by a detailed VOC emissions inventory at Table A-2 of the 2014 SIP 
Update.
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    \1\ See ``Proposed Updates to the 1997 8-Hour Ozone Standard, 
State Implementation Plans: Coachella Valley and Western Mojave 
Desert 8-hour Ozone Nonattainment Areas,'' California Air Resources 
Board, September 22, 2014.
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    The WMD is classified as Severe-15 with an attainment date no later 
than June 15, 2019.\2\ The relevant CAA requirements appear at Title I, 
Part D of the CAA, under which states must implement the primary and 
secondary 1997 8-hour ozone standards. For areas classified as Moderate 
or above--including the WMD--CAA section 182(b)(1) requires a SIP 
revision providing for ROP, defined as a one time, 15 percent actual 
VOC emission reduction during the six years following the baseline year 
1990, for an average reduction of 3 percent per year. As discussed 
further in the March 9, 2017 proposal, although the EPA revoked the 
1997 8-hour ozone NAAQS in 2015,\3\ the ROP demonstration requirement 
is a continuing applicable requirement for the WMD under the EPA's 
anti-backsliding rules that apply once a NAAQS has been revoked. Thus, 
the WMD remains subject to the requirement to make the ROP 
demonstration. See 40 CFR 51.1105(a)(1) and 51.1100(o)(4). In the 
proposal, the EPA proposed to find that the 2014 SIP Update fulfills 
the ROP demonstration requirement because it meets the requirements of 
CAA section 182(b)(1) and 40 CFR 51.1105(a)(1) and 51.1100(o)(4).\4\
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    \2\ 77 FR 26950 (May 8, 2012). The proposal for this action 
contains additional information about the WMD's classification. See 
82 FR 13086, 13087.
    \3\ 80 FR 12264 (March 6, 2015).
    \4\ See 82 FR 13086, 13087-88. The EPA proposed to approve the 
ROP demonstration although the state did not demonstrate the 
necessary reductions within the six-year period set out in the CAA, 
because it showed that all necessary reductions were achieved in the 
earliest subsequent reporting period. Id. at 13088.
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II. Public Comments

    The EPA's proposed action provided a 30-day public comment period. 
We received one comment, which was submitted anonymously. The comment 
did not address the EPA's proposed action and did not provide specific 
information relevant to the basis for EPA's proposed approval. We are 
not revising any portion of the proposed rule based on this comment.

III. Final Action

    For the reasons discussed in our March 9, 2017 proposal and 
summarized above, the EPA is approving, under CAA section 110(k)(3), 
the ROP demonstration contained in the 2014 SIP Update as meeting the 
requirements of CAA section 182(b)(1) and 40 CFR 51.1105(a)(1) and 
51.1100(o)(4).

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.);

[[Page 28561]]

     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);
     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; and
     does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    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).
    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 August 22, 2017. 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, Intergovernmental regulations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.


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

    Dated: May 31, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended 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)(486)(ii)(A)(2) to 
read as read as follows:


Sec.  [thinsp]52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (486) * * *
    (ii) * * *
    (A) * * *
    (2) California Air Resources Board, Staff Report, Proposed Updates 
to the 1997 8-Hour Ozone Standard, State Implementation Plans; 
Coachella Valley and Western Mojave Desert, adopted on October 24, 
2014: ``Reasonable Further Progress Demonstration Update,'' at p. 10 
(excluding those portions that pertain to reasonable further progress 
targets after 2011); Table A-2 (excluding pp. A-10 through A-12, and 
those portions that pertain to reasonable further progress targets 
after 2011); Table C-2 (excluding those portions that pertain to 
reasonable further progress targets after 2011).
* * * * *

[FR Doc. 2017-12966 Filed 6-22-17; 8:45 am]
 BILLING CODE 6560-50-P

28560 Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations

§ 111.4 [Amended] Table of Contents 51.1105(a)(1) and 51.1100(o)(4). In the
■ 3. Amend § 111.4 by removing I. Summary of Proposed Action proposal, the EPA proposed to find that
‘‘September 29, 2016’’ and adding ‘‘June II. Public Comments the 2014 SIP Update fulfills the ROP
23, 2017’’. III. Final Action demonstration requirement because it
IV. Statutory and Executive Order Reviews meets the requirements of CAA section
Stanley F. Mires, 182(b)(1) and 40 CFR 51.1105(a)(1) and
Attorney, Federal Compliance. I. Summary of Proposed Action 51.1100(o)(4).4
[FR Doc. 2017–13085 Filed 6–22–17; 8:45 am] On March 9, 2017, the EPA proposed
to approve, under section 110(k)(3) of II. Public Comments
BILLING CODE 7710–12–P
the Clean Air Act (CAA or the Act), the The EPA’s proposed action provided
initial six-year 15 percent rate of a 30-day public comment period. We
ENVIRONMENTAL PROTECTION progress (ROP) demonstration to received one comment, which was
AGENCY address requirements for the 1997 8- submitted anonymously. The comment
hour ozone national ambient air quality did not address the EPA’s proposed
40 CFR Part 52 standards (NAAQS) for the Western action and did not provide specific
Mojave Desert (WMD) nonattainment information relevant to the basis for
[EPA–R09–OAR–2017–0028; FRL–9963–86– area. 82 FR 13086. This demonstration EPA’s proposed approval. We are not
Region 9] revising any portion of the proposed
is contained in a state implementation
Approval of California Air Plan plan (SIP) submittal from the California rule based on this comment.
Revisions, Western Mojave Desert, Air Resources Board entitled ‘‘Proposed III. Final Action
Rate of Progress Demonstration Updates to the 1997 8-Hour Ozone
Standard, State Implementation Plans: For the reasons discussed in our
AGENCY: Environmental Protection Coachella Valley and Western Mojave March 9, 2017 proposal and
Agency (EPA). Desert 8-hour Ozone Nonattainment summarized above, the EPA is
ACTION: Final rule. Areas’’ (‘‘2014 SIP Update’’).1 As approving, under CAA section 110(k)(3),
explained in the proposal, the ROP the ROP demonstration contained in the
SUMMARY: The Environmental Protection demonstration is an element of the 2014 SIP Update as meeting the
Agency (EPA) is approving a state reasonable further progress requirements of CAA section 182(b)(1)
implementation plan revision submitted demonstration contained at Table C–2 of and 40 CFR 51.1105(a)(1) and
by the State of California to meet Clean the 2014 SIP Update and discussed at 51.1100(o)(4).
Air Act requirements applicable to the page 10 of the 2014 SIP Update. It is IV. Statutory and Executive Order
Western Mojave Desert ozone supported by a detailed VOC emissions Reviews
nonattainment area. Specifically, the inventory at Table A–2 of the 2014 SIP
EPA is approving the initial six-year 15 Under the Clean Air Act, the
Update. Administrator is required to approve a
percent rate of progress demonstration The WMD is classified as Severe-15
to address requirements for the 1997 8- SIP submission that complies with the
with an attainment date no later than
hour ozone national ambient air quality provisions of the Act and applicable
June 15, 2019.2 The relevant CAA
standards. federal regulations. 42 U.S.C. 7410(k);
requirements appear at Title I, Part D of
40 CFR 52.02(a). Thus, in reviewing SIP
DATES: This final rule is effective on July the CAA, under which states must submissions, the EPA’s role is to
24, 2017. implement the primary and secondary approve state choices, provided that
ADDRESSES: The EPA has established 1997 8-hour ozone standards. For areas they meet the criteria of the Clean Air
docket number EPA–R09–OAR–2017– classified as Moderate or above— Act. Accordingly, this action merely
0028 for this action. Generally, including the WMD—CAA section approves state law as meeting federal
documents in the docket for this action 182(b)(1) requires a SIP revision requirements and does not impose
are available electronically at http:// providing for ROP, defined as a one additional requirements beyond those
www.regulations.gov or in hard copy at time, 15 percent actual VOC emission imposed by state law. For that reason,
EPA Region IX, 75 Hawthorne Street, reduction during the six years following this action:
San Francisco, California 94105–3901. the baseline year 1990, for an average • Is not a significant regulatory action
While all documents in the docket are reduction of 3 percent per year. As subject to review by the Office of
listed at http://www.regulations.gov, discussed further in the March 9, 2017 Management and Budget under
some information may be publicly proposal, although the EPA revoked the Executive Orders 12866 (58 FR 51735,
available only at the hard copy location 1997 8-hour ozone NAAQS in 2015,3 October 4, 1993) and 13563 (76 FR 3821,
(e.g., copyrighted material, large maps, the ROP demonstration requirement is a January 21, 2011);
multi-volume reports), and some may continuing applicable requirement for • does not impose an information
not be available in either location (e.g., the WMD under the EPA’s anti- collection burden under the provisions
confidential business information backsliding rules that apply once a of the Paperwork Reduction Act (44
(CBI)). To inspect the hard copy NAAQS has been revoked. Thus, the U.S.C. 3501 et seq.);
materials, please schedule an WMD remains subject to the • is certified as not having a
appointment during normal business requirement to make the ROP significant economic impact on a
hours with the contact listed in the FOR demonstration. See 40 CFR substantial number of small entities
FURTHER INFORMATION CONTACT section. under the Regulatory Flexibility Act (5
Pmangrum on DSK7TPTVN1PROD with RULES

FOR FURTHER INFORMATION CONTACT: Tom
1 See ‘‘Proposed Updates to the 1997 8-Hour
U.S.C. 601 et seq.);
Ozone Standard, State Implementation Plans:
Kelly, Air Planning Office (AIR–2), EPA Coachella Valley and Western Mojave Desert 8-hour 4 See 82 FR 13086, 13087–88. The EPA proposed
Region IX, (415) 972–3856, Ozone Nonattainment Areas,’’ California Air to approve the ROP demonstration although the
kelly.thomasp@epa.gov. Resources Board, September 22, 2014. state did not demonstrate the necessary reductions
2 77 FR 26950 (May 8, 2012). The proposal for
within the six-year period set out in the CAA,
SUPPLEMENTARY INFORMATION: this action contains additional information about because it showed that all necessary reductions
Throughout this document, the terms the WMD’s classification. See 82 FR 13086, 13087. were achieved in the earliest subsequent reporting
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 3 80 FR 12264 (March 6, 2015). period. Id. at 13088.

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Federal Register / Vol. 82, No. 120 / Friday, June 23, 2017 / Rules and Regulations 28561

• does not contain any unfunded not affect the finality of this action for ENVIRONMENTAL PROTECTION
mandate or significantly or uniquely the purposes of judicial review nor does AGENCY
affect small governments, as described it extend the time within which a
in the Unfunded Mandates Reform Act petition for judicial review may be filed, 40 CFR Part 60
of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness [EPA–HQ–OAR–2014–0292; FRL–9963–67–
• does not have Federalism of such rule or action. This action may OAR]
implications as specified in Executive not be challenged later in proceedings to
Order 13132 (64 FR 43255, August 10, enforce its requirements (see section Correction to Incorporations by
1999); 307(b)(2)). Reference
• is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52 AGENCY: Environmental Protection
safety risks subject to Executive Order Agency (EPA).
Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); ACTION: Final rule; technical
• is not a significant regulatory action pollution control, Incorporation by
reference, Intergovernmental amendment.
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); regulations, Ozone, Reporting and SUMMARY: The Environmental Protection
• is not subject to requirements of recordkeeping requirements, Volatile Agency (EPA) is taking action to correct
Section 12(d) of the National organic compounds. paragraph numbering in the
Technology Transfer and Advancement Authority: 42 U.S.C. 7401 et seq. Incorporations by Reference (IBR)
Act of 1995 (15 U.S.C. 272 note) because section of our regulations that
Dated: May 31, 2017.
application of those requirements would specifically lists material that can be
be inconsistent with the Clean Air Act; Alexis Strauss, purchased from the American Society
and Acting Regional Administrator, Region IX. for Testing and Materials (ASTM). This
• does not provide the EPA with the action assigns the appropriate IBR
discretionary authority to address, as Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as paragraph numbers by correcting
appropriate, disproportionate human paragraph ordering errors.
health or environmental effects, using follows:
DATES: Effective: June 23, 2017.
practicable and legally permissible PART 52—APPROVAL AND FOR FURTHER INFORMATION CONTACT: Mrs.
methods, under Executive Order 12898 PROMULGATION OF
(59 FR 7629, February 16, 1994). Lula H. Melton, Air Quality Assessment
IMPLEMENTATION PLANS Division, Office of Air Quality Planning
In addition, the SIP is not approved
to apply on any Indian reservation land and Standards (E143–02),
or in any other area where the EPA or ■ 1. The authority citation for part 52 Environmental Protection Agency,
an Indian tribe has demonstrated that a continues to read as follows: Research Triangle Park, NC 27711;
tribe has jurisdiction. In those areas of Authority: 42 U.S.C. 7401 et seq. telephone number: (919) 541–2910; fax
Indian country, the rule does not have number: (919) 541–0516; email address:
tribal implications and will not impose Subpart F—California melton.lula@epa.gov.
substantial direct costs on tribal SUPPLEMENTARY INFORMATION: This
governments or preempt tribal law as ■ 2. Section 52.220 is amended by action corrects paragraph ordering
specified by Executive Order 13175 (65 adding paragraph (c)(486)(ii)(A)(2) to errors in 40 CFR 60.17(h) as highlighted
FR 67249, November 9, 2000). read as read as follows: in the editorial note at the end of
The Congressional Review Act, 5 § 60.17. The editorial note mentions that
§ 52.220 Identification of plan—in part. amendments could not be incorporated
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement * * * * * into § 60.17(h) as requested in a final
Fairness Act of 1996, generally provides (c) * * * rule published August 30, 2016
that before a rule may take effect, the (Revisions to Test Methods,
(486) * * *
agency promulgating the rule must Performance Specifications, and Testing
submit a rule report, which includes a (ii) * * * Regulations for Air Emission Sources
copy of the rule, to each House of the (A) * * * (81 FR 59799)), because paragraph
Congress and to the Comptroller General (h)(207) already existed as of the
(2) California Air Resources Board,
of the United States. The EPA will effective date. This issue occurred when
Staff Report, Proposed Updates to the
submit a report containing this action two rules that both added incorporation
1997 8-Hour Ozone Standard, State
and other required information to the by reference paragraphs in § 60.17(h)
Implementation Plans; Coachella Valley
U.S. Senate, the U.S. House of published out of order.
and Western Mojave Desert, adopted on
Representatives, and the Comptroller Section 553 of the Administrative
October 24, 2014: ‘‘Reasonable Further
General of the United States prior to Procedure Act (APA), 5 U.S.C.
Progress Demonstration Update,’’ at p.
publication of the rule in the Federal 553(b)(3)(B), provides that, when an
10 (excluding those portions that
Register. A major rule cannot take effect agency for good cause finds that notice
pertain to reasonable further progress
until 60 days after it is published in the and public procedure are impracticable,
targets after 2011); Table A–2 (excluding
Federal Register. This action is not a unnecessary, or contrary to the public
pp. A–10 through A–12, and those
‘‘major rule’’ as defined by 5 U.S.C. interest, the agency may issue a rule
portions that pertain to reasonable
804(2). without providing notice and an
Pmangrum on DSK7TPTVN1PROD with RULES

further progress targets after 2011);
Under section 307(b)(1) of the Clean opportunity for public comment. We
Table C–2 (excluding those portions that
Air Act, petitions for judicial review of have determined that there is good
pertain to reasonable further progress
this action must be filed in the United cause for making this technical
targets after 2011).
States Court of Appeals for the amendment final without prior proposal
appropriate circuit by August 22, 2017. * * * * * and opportunity for public amendment
Filing a petition for reconsideration by [FR Doc. 2017–12966 Filed 6–22–17; 8:45 am] because only simple publication errors
the Administrator of this final rule does BILLING CODE 6560–50–P are being corrected that do not

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Document Created: 2017-06-23 03:37:37
Document Modified: 2017-06-23 03:37:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective on July 24, 2017.
Contact		Tom Kelly, Air Planning Office (AIR- 2), EPA Region IX, (415) 972-3856, [email protected]
FR Citation		82 FR 28560
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Regulations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds