Quiero saber acerca de...

53226

Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

that on-road vehicles travel off-road, these emissions would be captured within the on-road category. Federal and CARB regulations do not generally rely on operational limits to achieve emission reductions. For example, one State measure approved into the California SIP rule restricts off-road vehicles that do not meet current emission standards e.g., older off-road vehicles from operating in ozone nonattainment areas during periods when the area may not attain the ozone standards e.g., summer months but does not limit the operation of compliant off-road vehicles.36 Another State rule approved into the SIP limits evaporative emission of fuel for off-road vehicles.37 As related to attainment of the 2008 ozone NAAQS, California measures related to off-road vehicles generally ensure that emissions of ozone precursors from this source category are controlled within the nonattainment area, but do not restrict or reduce overall usage of off-road engines meeting current emissions standards.
We recognize the concerns expressed by CRIT related to the impacts of off-road vehicle usage on cultural resources and artifacts. The Bureau of Land Management and the National Park Service, within the U.S. Department of the Interior, oversee off-road vehicle use in the eastern portion of the West Mojave Desert and may have additional information regarding use of off-road vehicles in the West Mojave Desert and potential impacts to cultural resources.
Comment 3: Both commenters suggested that the 2016 WMD
Attainment Plan should be revised to demonstrate attainment of the 2015
ozone NAAQS 0.070 ppm, rather than the 2008 ozone NAAQS 0.075 ppm, arguing that it would be more efficient to address the more recent standards as part of this SIP revision. The individual commenter stated that the EPAs failure to require this revision could be challenged as arbitrary and capricious under the Administrative Procedure Act.
Response to Comment 3: The EPA
agrees with the commenters regarding the importance of the West Mojave Desert timely addressing and attaining percent of total off-road emissions. Values for 2012
are from the CARB Staff Report, Appendix A2, and values from 2018 SIP Update.
36 California Health and Safety Code Title 13, Division 3, Chapter 9, Article 3, Section 2413, was approved as a Clean Air Act waiver measure, 79 FR
6584 February 4, 2014, and as a revision to the California SIP, 81 FR 39424 June 16, 2016.
37 California Health and Safety Code Title 13, Division 3, Chapter 9, Article 3, Section 2412, was approved as a Clean Air Act waiver measure, 79 FR
6584 February 4, 2014, and as a revision to the California SIP, 81 FR 39424 June 16, 2016.

VerDate Sep<11>2014

16:20 Sep 24, 2021

Jkt 253001

the 2015 ozone NAAQS. Nonetheless, the 2008 ozone NAAQS remain in effect for all areas, and the Western Mojave Desert remains subject to planning obligations for these standards, in addition to its new and overlapping obligations for the more stringent 2015
ozone NAAQS. Therefore, we disagree that the State must revise the 2016
WMD Attainment Plan to address the 2015 ozone NAAQS.
As described in the proposed rule, under CAA section 109, the EPA
promulgates primary and secondary NAAQS for pervasive air pollutants such as ozone, and periodically reviews these NAAQS to determine whether to revise them or to establish new standards.38 Under CAA section 110, states with nonattainment areas must submit SIP revisions to attain these NAAQS, and to meet other requirements based on nonattainment classification.
When EPA revises a NAAQS to lower the level of the standard, the previous NAAQS remain in effect until revoked;
after a NAAQS is revoked, areas designated nonattainment for that NAAQS remain subject to continuing applicable requirements as antibacksliding obligations.39
The proposed rule describes the requirements for the 2008 ozone NAAQS, and how the 2016 WMD
Attainment Plan satisfies the obligations of the West Mojave Desert as a Severe15 nonattainment area for this standard, including the obligation to demonstrate attainment of the 2008 NAAQS by no later than July 20, 2027. The EPAs subsequent promulgation of the 2015
ozone NAAQS does not relieve the area from these obligations for the 2008
ozone NAAQS. Similarly, the EPAs approval of the 2016 WMD Attainment Plan does not relieve the area of its obligations for the 2015 ozone NAAQS.
For the 2015 ozone NAAQS, California is required to submit a plan to address most elements for the West Mojave Desert by August 3, 2022, and to demonstrate attainment by no later than August 3, 2033.40 Our approval of the 2016 WMD Attainment Plan will ensure that the attainment plan is federally enforceable as a mechanism for attaining the 2008 ozone NAAQS.
Additionally, we anticipate that implementation of the West Mojave Desert control strategy for the 2008
ozone NAAQS as described in the 2016
WMD Attainment Plan will aid in the 38 See
88 FR at 24810.
e.g., 40 CFR 51.1105 anti-backsliding obligations for 1-hour and 1997 ozone NAAQS.
40 See 40 CFR 51.1303a and 51.1308b. The EPA designated the West Mojave Desert as nonattainment for the 2015 ozone NAAQS effective August 3, 2018. 83 FR 25776 June 4, 2018.
39 See,
PO 00000

Frm 00042

Fmt 4700

Sfmt 4700

areas attainment of the 2015 ozone NAAQS by ensuring that the area realizes consistent emissions reductions while the State undertakes planning efforts for the more stringent standards.
The EPA will work with CARB and the Districts to ensure that requirements applicable to the 2015 NAAQS are addressed in a later submittal for the West Mojave Desert.
III. Final Action No comments were submitted that change our assessment of CARBs submittals as described in our proposed action. Therefore, for the reasons discussed in detail in the proposed rule and summarized herein, under CAA
section 110k3, the EPA is taking final action to approve as a revision to the California SIP the following portions of the 2016 WMD Attainment Plan for the 2008 ozone NAAQS, submitted by CARB on June 2, 2017, and the 2018 SIP
Update, submitted on December 11, 2018:
Base year emissions inventory element in the 2016 WMD Attainment Plan as meeting the requirements of CAA sections 172c3 and 182a1
and 40 CFR 51.1115;
Emissions statement element in the 2016 WMD Attainment Plan as meeting the requirements of CAA section 182a3B and 40 CFR 51.1102;
RACM demonstration element in the 2016 WMD Attainment Plan, as meeting the requirements of CAA
section 172c1 and 40 CFR 51.1112c;
Attainment demonstration element in the 2016 WMD Attainment Plan as meeting the requirements of CAA
section 182c2A and 40 CFR
51.1108;
RFP demonstration element in the 2018 SIP Update as meeting the requirements of CAA sections 172c2, 182b1, and 182c2B, and 40 CFR
51.1110a2ii;
VMT emissions offset demonstration element in the 2016
WMD Attainment Plan as meeting the requirements of CAA section 182d1A and 40 CFR 51.1102; and Motor vehicle emissions budgets in the 2018 SIP Update for the 2020 and 2023 RFP milestone year and the 2026
attainment year because they are consistent with the RFP and attainment demonstrations approved herein and meet the other criteria in 40 CFR
93.118e.

E:FRFM27SER1.SGM

27SER1