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[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Rules and Regulations]
[Pages 100377-100380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28529]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0369; FRL-12352-01-R9]

Finding of Failure To Submit State Implementation Plan 
Submissions for the 2008 and 2015 Ozone National Ambient Air Quality 
Standards; California; San Diego County Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to find that California has failed to submit State 
Implementation Plan (SIP) elements required under the Clean Air Act 
(CAA or the ``Act'') for the 2008 and 2015 8-hour ozone national 
ambient air quality standards (NAAQS) in the San Diego County 
nonattainment area. California was required to submit a SIP submission 
demonstrating that reasonably available control technology (RACT) 
requirements are implemented at the ``Serious'' nonattainment area 
classification for the 2008 and 2015 ozone NAAQS. The State submitted 
the required RACT demonstrations on December 28, 2020, but subsequently 
withdrew portions of its submission on August 23, 2024. If the EPA has 
not affirmatively found that the State has submitted a complete SIP for 
the withdrawn RACT element requirements within 18 months of this 
finding, the offset sanction will apply in the area. If within six 
additional months the EPA has still not affirmatively determined that 
the State has submitted a complete SIP for the withdrawn RACT element 
requirements, the highway funding sanction will apply in the area. No 
later than two years after the EPA makes this finding, if the State has 
not submitted and the EPA has not approved each of the required RACT 
elements, the EPA must promulgate a federal implementation plan (FIP) 
to address the remaining requirements.

DATES: This action is effective January 13, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2024-0369. 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: Eugene Chen, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4304 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedure 
Act (APA), U.S.C. 553(b)(B), provides that an agency may issue a rule 
without providing notice and an opportunity for public comment when 
that agency finds for good cause that notice and public procedure are 
impracticable, unnecessary, or contrary to public interest. The EPA has 
determined that there is a good cause for issuing this finding without 
prior proposal and opportunity for comment because there is little or 
no judgment involved for the EPA to make a finding of failure to submit 
SIPs or elements of SIPs required by the CAA, where states have not 
submitted a required SIP revision, made incomplete submissions, or, as 
in this case, withdrawn an existing submission. In such circumstances, 
the EPA finds that notice and public procedures are unnecessary and 
that this constitutes good cause under 5 U.S.C 553(b)(B).
    Throughout this document, ``we,'' ``us,'' and ``our'' refer to the 
EPA.

Table of Contents

I. Background
II. Consequences of Findings of Failure To Submit
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Emissions of volatile organic compounds (VOCs) and oxides of 
nitrogen (NOX) contribute to the production of ground-level 
ozone, smog, and particulate matter (PM), which harm human health and 
the environment. Section 110(a) of the CAA requires states to submit 
regulations that control VOC and NOX emissions. Sections 
182(b)(2) and (f) require that SIPs for ozone nonattainment areas that 
are classified as Moderate or above implement RACT for any source 
covered by a Control Techniques Guidelines (CTG) document and for any 
major source of VOCs or NOX. Section III.D of the preamble 
to the EPA's final rule to implement the 2008 ozone NAAQS further 
discusses RACT requirements.\1\ Section III.D states, in part, that 
RACT SIPs must contain adopted RACT regulations, certifications that 
existing provisions meet the RACT requirement (where appropriate), and/
or negative declarations that no sources in the nonattainment area are 
covered by a specific CTG.\2\ It also provides that states must submit 
appropriate supporting information for their RACT submissions as 
described in the EPA's implementation rule for the 1997 ozone NAAQS.\3\
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    \1\ 80 FR 12264 (March 6, 2015). Per 83 FR 62998 (December 6, 
2018), these provisions were retained without significant revision 
for purposes of implementing the 2015 ozone NAAQS.
    \2\ Id. at 12278.
    \3\ Id.; 70 FR 71612, 71652 (November 29, 2005).
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    The San Diego County ozone nonattainment area is classified as 
``Severe'' nonattainment for the 2008 and 2015 ozone standards.\4\ On 
March 27, 2008, the EPA finalized an action to revise the 8-hour ozone 
NAAQS to 0.075 parts per million (ppm).\5\ San Diego County was 
originally designated as a ``Marginal'' nonattainment area and has 
subsequently been reclassified to a Severe nonattainment area for the 
2008 8-hour ozone NAAQS.\6\ On October 26, 2015, the EPA finalized an 
action to revise the 8-hour ozone NAAQS to 0.070 ppm.\7\ San Diego 
County was originally designated as a ``Moderate'' nonattainment area, 
and has subsequently been reclassified to a

[[Page 100378]]

Severe nonattainment area for the 2015 8-hour ozone NAAQS.\8\
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    \4\ 40 CFR 81.305.
    \5\ 73 FR 16435.
    \6\ 77 FR 30088 (May 21, 2012, Marginal), 81 FR 26697 (May 4, 
2016, Moderate), 84 FR 44238 (August 23, 2019, Serious), 86 FR 29522 
(June 2, 2021, Severe).
    \7\ 80 FR 65292.
    \8\ 83 FR 28776 (June 4, 2018, Moderate), 86 FR 29522 (June 2, 
2021, Severe). SDCAPCD voluntarily requested reclassification from 
Moderate to Severe nonattainment. The applicable attainment date 
would be as expeditious as practicable but no later than August 3, 
2033 for the 2015 ozone NAAQS.
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    The San Diego County Air Pollution Control District (SDCAPCD or 
``District'') has jurisdiction over the entirety of San Diego County, 
and as a result of the area's Severe classification for the 2008 and 
2015 ozone standards, SDCAPCD must, at a minimum, adopt RACT-level 
controls for all sources covered by a CTG document and for all major 
non-CTG sources of VOCs or NOX within the nonattainment 
area. Any stationary source that emits or has the potential to emit at 
least 25 tons per year (tpy) of VOCs or NOX is a major 
stationary source in a Severe ozone nonattainment area.\9\
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    \9\ CAA sections 182(d) and (f) and 302(j).
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    On October 14, 2020, the District adopted a SIP revision containing 
an analysis of its compliance with the CAA section 182 RACT 
requirements for the 2008 and 2015 8-hour ozone standards (``2020 RACT 
SIP''). Specifically, the 2020 RACT SIP contained a RACT demonstration 
for the 2015 8-hour ozone standard, an updated RACT demonstration for 
the 2008 8-hour ozone standard following the area's reclassification to 
a Severe ozone nonattainment area, as well as updated information for 
certain RACT elements for the 2008 8-hour standard at the Moderate 
classification. The California Air Resources Board (CARB) submitted the 
District's 2020 RACT SIP to the EPA on December 28, 2020.\10\ The EPA 
subsequently took final action to approve all elements of the 2020 RACT 
SIP related to the 2008 ozone standard at the Moderate classification. 
In addition, while the EPA took final action to approve the negative 
declarations for certain elements of the 2020 RACT SIP related to the 
2015 ozone standard and 2008 ozone standard at the Severe 
classification, we have not acted upon the majority of the other 
elements related to the two standards.\11\
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    \10\ See Docket Item A-01. Letter dated December 28, 2020, from 
Richard W. Corey, Executive Director, CARB, to John W. Busterud, 
Regional Administrator, EPA Region IX.
    \11\ 87 FR 38665 (June 29, 2022)
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    On August 23, 2024, CARB submitted a letter to the EPA from SDCAPCD 
that withdrew a majority of the 2020 RACT SIP because it was no longer 
deemed appropriate for inclusion into the California SIP.\12\ The 
withdrawal encompasses all elements of the 2020 RACT SIP with the 
exception of the negative declaration associated with the Control 
Techniques Guideline (CTG) titled Control Techniques Guidelines for the 
Oil and Natural Gas Industry (EPA-453/B-16-001).
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    \12\ See Docket Item A-02. Letter dated August 23, 2024, from 
Michael Benjamin, Chief, Air Quality Planning and Science Division, 
CARB, to Martha Guzman, Regional Administrator, EPA Region IX.
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II. Consequences of Findings of Failure To Submit

    For plan requirements under part D, title I, of the CAA, such as 
those for ozone nonattainment areas, if the EPA finds that a state has 
failed to make the required SIP submission, then CAA section 179 
establishes specific consequences, including the eventual imposition of 
mandatory sanctions for the affected area. Additionally, such a finding 
triggers an obligation under CAA section 110(c) for the EPA to 
promulgate a FIP no later than two years from the effective date of the 
finding, if the affected state has not submitted, and the EPA has not 
approved, the required SIP submissions.
    If the EPA has not affirmatively determined that a state has 
submitted a complete SIP addressing the deficiency that is the basis 
for these findings within 18 months of the effective date of this 
rulemaking, pursuant to CAA sections 179(a) and (b) and 40 CFR 52.31, 
the emissions offset sanction identified in CAA section 179(b)(2) will 
apply to the affected nonattainment area. If the EPA has not 
affirmatively determined that the state has submitted a complete SIP 
addressing the deficiency that is the basis for these findings within 
six months after the offset sanction is imposed, the highway funding 
sanction will apply in the affected nonattainment area, in accordance 
with CAA section 179(b)(1) and 40 CFR 52.31. The State must make the 
required SIP submission, and the EPA must take final action to approve 
the submission within two years of the effective date of this finding; 
otherwise, the EPA is required to promulgate a FIP to address the 
relevant requirements. This is required pursuant to CAA section 110(c) 
for the affected nonattainment area.
    Based upon the withdrawal of the 2020 RACT SIP as described in 
Section I of this rulemaking, the EPA is finding that California has 
failed to make the required submittals for the RACT elements for the 
2008 and 2015 ozone NAAQS for the San Diego County nonattainment area 
listed in Table 1 below.

  Table 1--List of Withdrawn RACT Elements for the 2008 and 2015 Ozone
                                  NAAQS
                        [Severe classifications]
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       CTG document No.                       RACT element
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EPA-450/R-75-102.............  Design Criteria for Stage I Vapor
                                Control--Gasoline Service Stations.
EPA-450/2-77-008.............  Surface Coating of Cans.
EPA-450/2-77-008.............  Surface Coating of Coils.
EPA-450/2-77-008.............  Surface Coating of Paper.
EPA-450/2-77-008.............  Surface Coating of Fabric.
EPA-450/2-77-008.............  Surface Coating of Automobiles and Light-
                                Duty Trucks.
EPA-450/2-77-022.............  Solvent Metal Cleaning.
EPA-450/2-77-025.............  Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
EPA-450/2-77-026.............  Tank Truck Gasoline Loading Terminals.
EPA-450/2-77-032.............  Surface Coating of Metal Furniture.
EPA-450/2-77-033.............  Surface Coating of Insulation of Magnet
                                Wire.
EPA-450/2-77-034.............  Surface Coating of Large Appliances.
EPA-450/2-77-035.............  Bulk Gasoline Plants.
EPA-450/2-77-036.............  Storage of Petroleum Liquids in Fixed-
                                Roof Tanks.
EPA-450/2-77-037.............  Cutback Asphalt.
EPA-450/2-78-015.............  Surface Coating of Miscellaneous Metal
                                Parts and Products.
EPA-450/2-78-030.............  Manufacture of Pneumatic Rubber Tires.
EPA-450/2-78-032.............  Factory Surface Coating of Flat Wood
                                Paneling.

[[Page 100379]]

 
EPA-450/2-78-033.............  Graphic Arts--Rotogravure and
                                Flexography.
EPA-450/2-78-036.............  Leaks from Petroleum Refinery Equipment.
EPA-450/2-78-047.............  Petroleum Liquid Storage in External
                                Floating Roof Tanks.
EPA-450/2-78-051.............  Leaks from Gasoline Tank Trucks and Vapor
                                Collection Systems.
EPA-450/3-82-009.............  Large Petroleum Dry Cleaners.
EPA-450/3-83-006.............  Leaks from Synthetic Organic Chemical
                                Polymer and Resin Manufacturing
                                Equipment.
EPA-450/3-83-007.............  Leaks from Natural Gas/Gasoline
                                Processing Plants.
EPA-450/3-83-008.............  Manufacture of High-Density Polyethylene,
                                Polypropylene, and Polystyrene Resins.
EPA-450/3-84-015.............  Air Oxidation Processes in Synthetic
                                Organic Chemical Manufacturing Industry.
EPA-450/4-91-031.............  Reactor Processes and Distillation
                                Operations in Synthetic Organic Chemical
                                Manufacturing Industry.
EPA-453/R-96-007.............  Wood Furniture Manufacturing Operations.
EPA-453/R-94-032 61 FR 44050;  ACT Surface Coating at Shipbuilding and
 8/27/96.                       Ship Repair Facilities Shipbuilding and
                                Ship Repair Operations (Surface
                                Coating).
EPA-453/R-97-004 59 FR 29216;  Aerospace MACT and Aerospace (CTG &
 6/06/94.                       MACT).
EPA-453/R-06-001.............  Industrial Cleaning Solvents.
EPA-453/R-06-002.............  Offset Lithographic Printing and
                                Letterpress Printing.
EPA-453/R-06-003.............  Flexible Package Printing.
EPA-453/R-06-004.............  Flat Wood Paneling Coatings.
EPA 453/R-07-003.............  Paper, Film, and Foil Coatings.
EPA 453/R-07-004.............  Large Appliance Coatings.
EPA 453/R-07-005.............  Metal Furniture Coatings.
EPA 453/R-08-003.............  Miscellaneous Metal Parts Coatings, Table
                                2--Metal Parts and Products.
EPA 453/R-08-005.............  Miscellaneous Industrial Adhesives.
EPA 453/R-08-006.............  Automobile and Light-Duty Truck Assembly
                                Coatings.
                               Non-CTG Major Sources of VOC.
                               Non-CTG Major Sources of NOX.
------------------------------------------------------------------------

    In addition, we have previously taken action on several RACT 
elements for the 2008 and 2015 ozone NAAQS for the San Diego County 
nonattainment area. A summary of the status of the elements that were 
not withdrawn are listed below in Table 2.

                  Table 2--Status of Remaining RACT Elements for the 2008 and 2015 Ozone NAAQS
                                            [Severe classifications]
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           CTG document No.                              RACT element                             Status
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EPA-450/2-78-029.....................  Manufacture of Synthesized Pharmaceutical         Approved.\a\
                                        Products.
EPA 453/R-08-003.....................  Miscellaneous Plastic Parts Coatings, Table 3--   Approved.\a\
                                        Plastic Parts and Products.
EPA 453/R-08-003.....................  Miscellaneous Plastic Parts Coatings, Table 4--   Approved.\a\
                                        Automotive/Transportation and Business Machine
                                        Plastic Parts.
EPA 453/R-08-003.....................  Miscellaneous Plastic Parts Coatings, Table 5--   Approved.\a\
                                        Pleasure Craft Surface Coating.
EPA 453/R-08-003.....................  Miscellaneous Plastic Parts Coatings, Table 6--   Approved.\a\
                                        Motor Vehicle Materials.
EPA 453/R-08-004.....................  Fiberglass Boat Manufacturing Materials.........  Approved.\a\
EPA 453/B-16-001.....................  Oil and Natural Gas Industry....................  Approved.\b\
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\a\ The EPA took final action to approve negative declarations for these RACT elements for the 2008 and 2015
  ozone standards on June 29, 2022 (87 FR 38665).
\b\ The EPA took final action to approve the negative declaration for this RACT element for the 2008 and 2015
  ozone standards on November 4, 2024 (89 FR 87505).

    With this finding, section 179 of the CAA starts sanctions clocks 
and a FIP clock. California may avoid these sanctions by taking timely 
action to remedy this finding. The clock governing the CAA's imposition 
of sanctions for these areas will stop and sanctions will not take 
effect if the EPA finds that the State has made a complete SIP 
submission addressing the RACT elements listed in Table 1 for this area 
within 18 months of the date of this finding. Similarly, the EPA is not 
required to promulgate a FIP if California makes the required SIP 
submissions, and the EPA takes final action to approve the submissions 
within two years of this finding of failure to submit a required SIP. 
In sum, the CAA does not require sanctions or a FIP if the State and 
the EPA take timely action to remedy this finding.

III. Final Action

    In this action, the EPA finds that, following the August 23, 2024 
withdrawal of the 2020 RACT SIP for the San Diego County ozone 
nonattainment area, California has failed to submit certain RACT SIP 
elements for the 2008 and 2015 ozone NAAQS required under subpart 4 of 
part D of title I of the CAA. Specifically, California has failed to 
submit those RACT SIP elements listed in Table 1. The consequences of 
this finding are discussed in Section II of this action.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www2.epa.gov//laws-regulations/laws-and-executive-orders.gov.

[[Page 100380]]

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA because it does not impose additional 
requirements beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities beyond those 
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because 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, and it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does impose additional requirements 
beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
The EPA defines 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 District did not evaluate EJ 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 goals of 
Executive Order 12898 of achieving EJ for communities with EJ concerns.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the 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).

L. Petitions for Judicial Review

    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 February 10, 2025. 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, Administrative practice and procedures, 
Air pollution control, Approval and promulgation of implementation 
plans, Incorporation by reference, Intergovernmental relations, 
Particulate matter, and Reporting and recordkeeping requirements.

    Dated: November 26, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-28529 Filed 12-11-24; 8:45 am]
BILLING CODE 6560-50-P
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