Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76139 

EPA-APPROVED FLORIDA LAWS AND REGULATIONS

State citation 

(section) Title/subject State effective date EPA approval date Explanation 

*******

Chapter 62–296 Stationary Sources—Emission Standards 

62–296.414 ........... Concrete Batching Plants .................. 11/5/2020 11/6/2023, [Insert citation of publication].

62–296.415 ........... Soil Thermal Treatment Facilities ...... 11/5/2020 11/6/2023, [Insert citation of publication].

62–296.418 ........... Bulk Gasoline Plants ......................... 8/14/2019 11/6/2023, [Insert citation of publication].

* * * * * * * 

62–296.500 ........... Reasonably Available Control Technology (RACT)—Volatile Organic 

Compounds (VOC) and Nitrogen 

Oxides (NOX) Emitting Facilities.

8/14/2019 11/6/2023, [Insert citation of publication].

62–296.501 ........... Can Coating ....................................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.502 ........... Coil Coating ....................................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.503 ........... Paper Coating .................................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.504 ........... Fabric and Vinyl Coating ................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.505 ........... Metal Furniture Coating ..................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.506 ........... Surface Coating of Large Appliances 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.507 ........... Magnet Wire Coating ......................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.508 ........... Petroleum Liquid Storage .................. 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.510 ........... Bulk Gasoline Terminals .................... 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.511 ........... Solvent Metal Cleaning ...................... 11/5/2020 11/6/2023, [Insert citation of publication].

62–296.512 ........... Cutback Asphalt ................................. 8/14/2019 11/6/2023, [Insert citation of publication].

62–296.513 ........... Surface Coating of Miscellaneous 

Metal Parts and Products.

7/10/2014 11/6/2023, [Insert citation of publication].

62–296.514 ........... Surface Coating of Flat Wood Paneling.7/10/2014 11/6/2023, [Insert citation of publication].

62–296.515 ........... Graphic Arts Systems ........................ 7/10/2014 11/6/2023, [Insert citation of publication].

62–296.516 ........... Petroleum Liquid Storage Tanks with 

External Floating Roofs.

7/10/2014 11/6/2023, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2023–23833 Filed 11–3–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0681; FRL–10386– 

02–R9] 

Approval of Air Quality Implementation 

Plans; Vehicle Miles Traveled 

Emissions Offset Demonstrations for 

the 2015 Ozone Standards; California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the California state 

implementation plan (SIP) concerning 

vehicle miles traveled (VMT) offset 

demonstrations for the Los Angeles– 

South Coast Air Basin (South Coast), 

Riverside County (Coachella Valley), 

Los Angeles–San Bernadino Counties 

(West Mojave Desert), and San Joaquin 

Valley nonattainment areas (NAAs) for 

the 2015 ozone national ambient air 

quality standards (2015 ozone NAAQS). 

The EPA is taking action to approve 

these revisions because they 

demonstrate that California has added 

or implemented specific enforceable 

transportation control strategies and 

transportation control measures to offset 


ddrumheller on DSK120RN23PROD with RULES1
76140 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 

1 87 FR 77774 (December 20, 2022). 

2See Association of Irritated Residents v. EPA, 

632 F.3d. 584, at 596–597 (9th Cir. 2011), reprinted 

as amended on January 27, 2012, 686 F.3d 668, 

further amended February 13, 2012 (‘‘Association of 

Irritated Residents’’). 

3Memorandum dated August 30, 2012, Karl 

Simon, Director Transportation and Climate 

Division, Office of Transportation and Air Quality, 

to Carl Edland, Director, Multimedia Planning and 

Permitting Division, EPA Region VI, and Deborah 

Jordan, Director, Air Division, EPA Region IX. 

4Letter dated July 24, 2020, from Richard W. 

Corey, Executive Officer, CARB, to John Busterud, 

Regional Administrator, EPA Region IX (submitted 

electronically July 27, 2020). 

5The July 2020 submittal also addresses base year 

emissions inventory requirements for 18 of the 21 

NAAs in California. The EPA approved the July 

2020 submittal as meeting the base year emissions 

inventory requirements for the 18 areas addressed 

in the submittal on September 29, 2022, (87 FR 

59015). 

6Letter dated December 28, 2020, from Richard 

W. Corey, Executive Officer, CARB, to John 

Busterud, Regional Administrator, EPA Region IX 

(submitted electronically December 29, 2020). 

the growth in emissions from growth in 

VMT and vehicle trips. We are taking 

final action to approve these revisions 

under the Clean Air Act (CAA or ‘‘the 

Act’’), which establishes VMT offset 

demonstration requirements for ozone 

nonattainment areas classified as 

‘‘Severe’’ or ‘‘Extreme.’’ 

DATES: This action will be effective on 

December 6, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2022–0681. 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 or other information whose 

disclosure is restricted by stature. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available 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: 

Michael Dorantes, Geographic Strategies 

and Modeling Section (AIR–2–2), EPA 

Region IX, (415) 972–3934, 

dorantes.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On December 20, 2022, the EPA 

proposed to approve a revision to the 

California SIP concerning VMT 

emissions offset demonstrations 

required for the Coachella Valley and 

West Mojave Desert Severe ozone NAAs 

and for the South Coast and San Joaquin 

Valley Extreme ozone NAAs.1 Section 

182(d)(1)(A) of the Act and 40 CFR 

51.1302 require a state to submit, for 

each ozone nonattainment area 

classified as Severe or above, a SIP 

revision that ‘‘identifies or adopts 

specific enforceable transportation 

control strategies and transportation 

control measures to offset any growth in 

emissions from growth in vehicle miles 

traveled or number of vehicle trips in 

such area.’’ Herein, we refer to this SIP 

requirement as the ‘‘VMT emissions 

offset requirement.’’ In addition, we 

refer to the SIP revision intended to 

demonstrate compliance with the VMT 

emissions offset requirement as the 

‘‘VMT emissions offset demonstration.’’ 

In Association of Irritated Residents v. 

EPA, the Ninth Circuit ruled that 

additional transportation control 

measures are required whenever vehicle 

emissions are projected to be higher 

than they would have been had VMT 

not increased, even when aggregate 

vehicle emissions are decreasing.2 In 

August 2012, the EPA issued a 

memorandum titled ‘‘Implementing 

Clean Air Act Section 182(d)(1)(A): 

Transportation Control Measures and 

Transportation Control Strategies to 

Offset Growth in Emissions Due to 

Growth in Vehicle Miles Travelled’’ 

(‘‘August 2012 Guidance’’).3 The August 

2012 Guidance discusses the meaning of 

‘‘transportation control strategies’’ and 

‘‘transportation control measures’’ and 

recommends that both be included in 

the calculations made for the purpose of 

determining the degree to which any 

hypothetical growth in emissions due to 

growth in VMT should be offset. The 

proposed rulemaking for this action 

outlines the August 2012 Guidance in 

further detail and how states may 

demonstrate that their VMT emissions 

offset demonstrations can satisfactorily 

conform with Court’s ruling in 

Association of Irritated Residents. 

The California Air Resources Board 

(CARB) provided two separate 

submittals as VMT emissions offset 

demonstrations for California’s Severe 

and Extreme ozone NAAs. On July 27, 

2020, CARB submitted a staff report to 

the EPA titled ‘‘70 ppb Ozone SIP 

Submittal’’ (‘‘July 2020 submittal’’).4 In 

part, the July 2020 submittal contains 

the VMT offset demonstrations for the 

South Coast, Coachella Valley, and San 

Joaquin Valley ozone NAAs.5

Additionally, on December 28, 2020, 

CARB submitted to the EPA a staff 

report titled ‘‘West Mojave Desert VMT 

Offset Demonstration’’ (‘‘December 2020 

submittal’’) for the West Mojave Desert 

ozone NAA.6

In our proposal, we evaluated the 

portions of the July 2020 submittal that 

address the South Coast, Coachella 

Valley, and San Joaquin Valley VMT 

offset demonstrations and the December 

2020 submittal of the West Mojave 

Desert VMT offset demonstration 

against the statutory and regulatory 

requirements of CAA section 

182(d)(1)(A) and 40 CFR 51.1302, and 

detailed our consideration of relevant 

Agency guidance and court rulings. The 

full evaluation and discussion of our 

review of the State’s submittals can be 

found in our proposal. Therein we 

proposed approval of the submittals as 

revisions to the California SIP on the 

basis that they met the VMT emissions 

offset requirements of CAA section 

182(d)(1)(A) and 40 CFR 51.1302 for the 

2015 ozone NAAQS. 

II. Public Comments and EPA 

Responses 

The 30-day public comment period 

for the notice of proposed rulemaking 

closed on January 19, 2023. We did not 

receive any public comments. 

III. Final Action 

For the reasons discussed in our 

proposed rule and summarized in this 

document, we are finalizing our 

approval of the following as revisions to 

the California SIP: 

D VMT emissions offset 

demonstration element in the July 27, 

2020 CARB submittal for the Los 

Angeles–South Coast Air Basin (South 

Coast), Riverside County (Coachella 

Valley), and San Joaquin Valley ozone 

nonattainment areas as meeting the 

requirements of CAA section 

182(d)(1)(A) and 40 CFR 51.1302 for the 

2015 ozone NAAQS. 

D VMT emissions offset 

demonstration element in the December 

28, 2020 CARB submittal for the Los 

Angeles–San Bernadino Counties (West 

Mojave Desert) ozone nonattainment 

area as meeting the requirements of 

CAA section 182(d)(1)(A) and 40 CFR 

51.1302 for the 2015 ozone NAAQS. 


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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76141 

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 14094 (88 FR 

21879, April 11, 2023); 

• 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, this rulemaking 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. This final 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 Executive Order 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

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

Dated: October 25, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the EPA amends part 52, 

chapter I, title 40 of the Code of Federal 

Regulations as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(589)(ii)(A)(2) and 

(c)(605) to read as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(589) * * * 

(ii) * * * 

(A) * * * 

(2) California Air Resources Board ‘‘70 

ppb Ozone SIP Submittal,’’ section III, 

‘‘VMT Offset Demonstration,’’ adopted 

on June 25, 2020. 

* * * * * 

(605) The following materials were 

submitted electronically on December 

29, 2020, by the Governor’s designee as 

an attachment to a letter dated 

December 28, 2020. 

(i) [Reserved] 

(ii) Additional materials. 

(A) California Air Resources Board. 

(1) ‘‘West Mojave Desert VehicleMiles Traveled Offset Demonstration,’’ 

adopted on October 22, 2020. 

(2) [Reserved] 

(B) [Reserved] 

[FR Doc. 2023–24001 Filed 11–3–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230224–0053; RTID 0648– 

XD509] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Western Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from catcher vessels using trawl gear 

and vessels using pot gear to catcher 

vessels using hook-and-line gear and 

catcher/processors using hook-and-line 

gear in the Western Regulatory Area of 

the Gulf of Alaska (GOA). This action is 

necessary to allow the 2023 total 

allowable catch (TAC) of Pacific cod to 

be harvested. 

DATES: Effective November 1, 2023, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2023. 


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