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Clean Air Plans; 2015 8-Hour Ozone Nonattainment Area Requirements; Clean Fuels for Fleets; California Publication: Federal Register Agency: Environmental Protection Agency Byline: Martha Guzman Aceves Date: 25 May 2023 Subject: American Government  , The Environment
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[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 Ledezma.Ernesto@epa.gov.
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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