SUPPORTING STATEMENT FOR EPA INFORMATION COLLECTION REQUEST NUMBER 1637.05 " GENERAL CONFORMITY OF FEDERAL ACTIONS TO STATE IMPLEMENTATION PLANS"

September 27, 2001 ii TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION ............................ 1 1( a) Title and Number of the Information Collection ......................................... 1 1( b) Characterization of the Information Collection ........................................... 1 2. NEED FOR AND USE OF THE COLLECTION ................................................. 4 2( a) Need and Authority for the Collection ....................................................... 4 2( b) Use and Users of the Data ........................................................................ 4 3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA ............................................................................................. 5 3( a) Non Duplication ...................................................................................... 5 3( b) Consultations ........................................................................................... 5 3( c) Effects of Less Frequent Collection ........................................................... 6 3( d) General Guidelines ................................................................................... 6 3( e) Confidentiality ......................................................................................... 6 3( f) Sensitive Questions .................................................................................. 7 4. THE RESPONDENTS AND THE INFORMATION COLLECTED ..................... 7 4( a) Respondents and SIC Codes ..................................................................... 7 4( b) Information Requested ............................................................................. 8 5. THE INFORMATION COLLECTED  AGENCY ACTIONS, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT ........................... 13 5( a) Agency Activities ................................................................................... 13 5( b) Collection Methodology and Management ............................................... 16 5( c) Small Entity Flexibility ........................................................................... 17 5( d) Collection Schedule ............................................................................... 17 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION ............... 17 6( a) Estimating Respondent Burden ............................................................... 17 6( b) Estimating Respondent Costs ................................................................. 18 6( c) Estimated Agency Burden and Cost ........................................................ 19 6( d) Bottom Line Burden Hours and Costs ..................................................... 20 6( e) Reasons for Change in Burden ................................................................ 21 6( f) Burden Statement .................................................................................. 21 APPENDIX A .............................................................................................................. 22 1 The part 93 requirements are identical to the part 51 requirements with one exception. The latter contains a provision requiring a State to revise its implementation plan. To avoid duplication, we will cite only the part 51 sections; however, the relevant part 51 discussion also applies to the equivalent part 93 rules.

1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title and Number of the Information Collection This information collection request ( ICR) is entitled " General Conformity of Federal Actions to State Implementation Plans," ICR number 1637.05.

1( b) Characterization of the Information Collection The Clean Air Act Amendments of 1990 strengthened the conformity provisions of the Clean Air Act ( CAA). Prior to the 1990 Amendments, the conformity provisions provided that no Federal department shall ( 1) engage in, ( 2) support in any way or provide financial assistance for, ( 3) license or permit, or ( 4) approve any action which does not conform to a State implementation plan ( SIP) after it has been approved or promulgated. Because the Act contained no specific definition of conformity, some Federal agencies interpreted these provisions to mean that actions supported or approved by agencies had to conform only with the measures contained in a SIP. The 1990 Amendments clarified and expanded the conformity provisions by defining conformity to a SIP as conformity to the plan's purpose of attaining and maintaining the national ambient air quality standards ( NAAQS) or emission reduction progress plans leading to attainment. Section 176( c)( 1) of the 1990 Amendments further establishes that Federal agencies and departments cannot support or approve an action that does any of the following:

  Causes or contributes to new violations of any standard in any area;

  Increases the frequency or severity of any existing violation of any standard in any area; or   Delays timely attainment of any standard or any required interim emission reductions or other milestones in any area.

The Environmental Protection Agency ( EPA) promulgated the general conformity regulations at 40 CFR part 51, subpart W and 40 CFR part 93, subpart B on November 30, 1993 under the authority of CAA, as amended. 1 Section 51.850 of the rule establishes that no instrumentality of the Federal government shall " engage in, support in any way or provide financial assistance for, license or permit, or approve any action which does not conform to an applicable implementation plan." The general conformity rule ensures that general Federal actions conform to the appropriate SIPs and sets forth the requirements a Federal agency must comply with to make a conformity determination. 2 Such Federal actions must meet the procedures established at 40 CFR part 51, subpart T ( Transportation Conformity), in lieu of the procedures set forth in subpart W.

2 The general conformity requirements in subpart W apply to those Federal actions in nonattainment or maintenance areas that satisfy one of the following two conditions:

  The action's direct and indirect emissions have the potential to emit one or more of the six criteria pollutants at rates equal to or exceeding those established in paragraph ( b)( 1) ( see Table 1( a)) or ( b)( 2) ( see Table 1( b)) of § 51.853, for Federal actions in nonattainment and maintenance areas, respectively; or   The action's direct and indirect emissions of any criteria pollutant represent 10 percent or more of a nonattainment or maintenance area's total emissions inventory for that pollutant.

Examples of Federal actions that may require a conformity determination include leasing of Federal land, private construction on Federal land, reuse of military bases, and construction of Federal office buildings. The general conformity requirements do not apply to Federal actions that:

  Do not satisfy either one of the above conditions;

  Occur in an attainment area;

  Are covered by transportation plans, programs, and projects developed, funded, or approved under the Federal Transit Act ( 49 U. S. C. 1601); 2 or   Qualify for exemptions established at § 51.853 ( e. g., judicial and legislative proceedings; rulemaking and policy development; electric power marketing activities that involve the acquisition, sale, and transmission of electric energy; prescribed burning; and continuing responses to an emergency or disaster). 3 TABLE 1( a) Emissions Rates for Criteria Pollutants in Nonattainment Areas ( NAAs)

Pollutant Tons/ year Ozone ( VOC or NO x): Serious NAAs 50 Severe NAAs 25 Extreme NAAs 10 Other ozone NAAs outside an ozone transport region 100 Marginal and moderate NAAs inside an ozone transport region: VOC 50 NO x 100 Carbon monoxide: All NAAs 100 SO 2 or NO 2: All NAAs 100 PM 10: Moderate NAAs 100 Serious NAAs 70 Pb: All NAAs 25 TABLE 1( b) Emissions Rates for Criteria Pollutants in Maintenance Areas Pollutant Tons/ year Ozone ( NO x), SO 2 or NO 2: All maintenance areas: Ozone ( VOC) 100 Maintenance areas inside an ozone transport region 50 Maintenance areas outside an ozone transport region 100 Carbon monoxide: All maintenance areas 100 PM 10: All maintenance areas 100 Pb: All maintenance areas 25 The head of each Federal agency is responsible for ensuring that the agency's actions conform to the SIPs. States, local agencies, and private industry also may participate in a proposed Federal action. Under this scenario, the Federal agency overseeing the action can 3 This type of agreement would apply, for example, to companies obtaining licenses or permits, receiving financial assistance, or engaging in other actions with the Federal government. 4 Accounting for these actions represents no extra burden to the agencies because the work will be a part of the normal SIP revision process stipulated under section 110 of the CAA.

4 arrange for the other proponents ( e. g, private industry3) of the action to complete the analysis supporting a conformity determination. In general, however, respondents under the general conformity rule are Federal agencies.

This ICR is a comprehensive description of all information collection requirements contained at 40 CFR part 51, subpart W and 40 CFR part 93, subpart B. This ICR includes the costs to States and local agencies for assisting in the release of data, as well as the cost of the information collection burden on Federal agencies and other proponents of actions that require Federal support or approval. It should be noted that most Federal actions involving a large air component already would conduct air quality analyses in accordance with the requirements of the National Environmental Policy Act ( NEPA); therefore, the costs attributable to the general conformity requirements will be incremental.

2. Need for and Use of the Collection 2( a) Need and Authority for the Collection The EPA promulgated the general conformity regulations at 40 CFR part 51, subpart W under the authority of section 176( c)( 1) of the CAA, as amended, as described in section 1( b) of this document. The Federal government needs information collected under subpart W to ensure that Federal actions conform to a SIP, thereby " eliminating or reducing the severity and number of violations of the NAAQS and achieving expeditious attainment of such standards, and that such activities will not: ( 1) cause or contribute to any new violation of any standard in any area, ( 2) increase the frequency or severity of any existing violation of any standard in any area, ( 3) or delay timely attainment of any standard or any required interim emission reductions or other milestones in any area ( CAA Section 176( c)( 1))." The Agency needs this information to guarantee that Federal actions do not impede the goal of attaining and maintaining the NAAQS throughout the US.

2( b) USE AND USERS OF THE DATA The Federal government uses information collected under 40 CFR part 51, subpart W to ensure that general Federal actions conform to applicable provisions of the SIP and that the Federal action does not impede the goal of attaining and maintaining the NAAQS throughout the country. The State and local air agencies use the results from conformity determinations to account for Federal actions in their SIPs. In order to attain and maintain the NAAQS, the State and local air agencies want accurate data forecasting the impacts of major Federal actions on their regions. 4 The primary users of the data, however, will be the proponents of the Federal actions. Federal agencies, and/ or the private sponsors of a Federal action, responding 5 to Subpart W requirements use information they collect for several reasons: ( i) to determine applicability of the general conformity requirements; ( ii) to demonstrate that their actions satisfy both the emissions and air quality criteria stipulated in the regulation; and ( iii) to demonstrate that their actions conform to applicable provisions of the SIP.

3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non Duplication This regulation has tried to avoid duplicating the collection efforts required from Federal agencies and private industry under other regulatory programs. The New Source Review ( NSR) program under section 173 of the CAA, the Operating Permit Program under title V of the CAA, and the Toxic Release Inventory ( TRI) Program under EPCRA 313 all generate extensive air quality data. This regulation assumes that the actions regulated by these other programs conform to the SIP. Furthermore, the conformity regulation ensures that conformity analyses do not duplicate the air quality analyses performed for EISs under the NEPA regulations, 40 CFR part 1500 1508. If an air quality analysis in an EIS uses the most recent data available from the State and/ or local air quality agency, and reveals that the major Federal action will not violate the goal of assuring conformity to the local SIP, then a conformity analysis is not necessary for the action. Some EISs will require further analysis in order to conform to the SIP, and some EAs will require conformity analysis. The regulation also assumes that a proposed Federal action whose criteria pollutant emissions have already been included in the local SIP's attainment or maintenance demonstrations conforms to the SIP.

3( b) Consultations The EPA made every effort to consult with the appropriate Federal agencies to prepare this ICR. The EPA solicited specific burden information by conducting a survey of the Federal agencies identified as most significantly affected by the rule to collect the following types of information concerning general conformity determinations:

( i) Estimated incremental burdens for completing a general conformity determination according to the requirements of 40 CFR part 51, subpart W.

( ii) The annual number of Federal actions that are subject to the general conformity rule.

The EPA received limited responses to its inquiries to the other Federal agencies and had to prepare its draft supporting document based upon responses from four Federal agencies and three EPA Regional offices. EPA published in the Federal Register on February 1, 2001, ( 66FR 21136) a notice of proposed information collection request and announced the availability of the draft supporting document. The EPA received two comments on the draft 6 statement. One commenter representing a major airport believed that the resource burden associated with the information gathering requirements were excessive. The commenter believed this was due to regulations that were unclear with regards to the type of modeling that was deemed to be sufficient. Another commenter representing a consortium of airport and airlines believed that EPA had significantly underestimated the burden of the proposed collection of information on non federal proponents and applicants. Based on the estimates received from the consortium of airport authorities and air carriers, EPA revised the number of man hours hours that was published in the Federal Register Notice dated April 27, 2001. These hours were used to calculate the total annual projected burden and costs for non federal proponents providing information to the Federal agencies. The number was revised from 5,040 to 9,000 man hours. However, the costs associated with these hours as provided by the consortium were extremely high and do not reflect published rates for contractor technical staff. Because no documentation was provided for these costs, EPA assumed a rate of 56.16 dollars per hour which it believes more accurately reflects rates for contractor technical support. If the consortium provides documentation for its costs, EPA will re evaluate their use at that time.

The estimates presented in this ICR are based on a survey of Federal agency respondents. Appendix A provides a list of the Federal agencies contacted and a summary of the data submitted by participating Federal agencies.

3( c) Effects of less Frequent Consultations Under the regulation, the conformity status of a major Federal action lapses every 5 years from the date the determination is made unless the action is completed or is part of a continuous program. Since SIPs generally change over time, reducing the determinations to less frequently than every 5 years would compromise the goal of section 176 ( c)( 1) of the CAA, which encourages Federal agencies to conform to the SIP.

3( d) General Guidelines This ICR adheres to the guidelines stated in the 1995 Paperwork Reduction Act, OMB's implementing regulations, EPA's Information Collection Request Handbook, and none of these reporting or record keeping requirements violate any of the regulations established by OMB in CFR 1320.5.

3( e) Confidentiality Any information submitted to the EPA for which a claim of confidentiality is made will be safeguarded according to the EPA's policies set forth in Title 40, Chapter 1, Part 2, Subpart B  Confidentiality of Business Information ( see 40 CFR part 2; 41 FR 36902, September 1, 1976; amended by 43 FR 39999, September 8, 1978; 43 FR 42251, September 28, 1978; and 44 FR 17674, March 23, 1979). 7 3( f) SENSITIVE QUESTIONS No questions of a sensitive nature are included in any of the information collection requirements.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and SIC Codes In the general conformity process, the respondent is either a Federal agency or a State, local agency, or private sponsor of a proposed Federal action. Because section 176( c)( 1) of the CAA states that Federal agencies cannot "... support in any way or provide financial assistance for, license or permit, or approve, any action that does not conform to an implementation plan," the range of Federal actions affected by the regulation is broad. In addition, there are many different types of private industries that could be affected by the regulations ( e. g., those seeking licenses or permits from the Federal government).

Thus, the following is a representative list of SIC codes for the government and private industries that could be affected by the regulation. Major Groups 91 97 indicate executive, legislative, judicial, administrative, and regulatory branches of Federal, State, and local governments. Government owned and government or contractor operated business establishments, however, are classified in Major Groups 1 89 according to the activity in which they are engaged.

1541 General Contractors  Industrial Buildings and Warehouses 1542 General Contractors  Nonresidential Buildings, Other Than Industrial Buildings and Warehouses 1623 Water, Sewer, Pipeline, and Communications and Power Line Construction 1629 Heavy Construction, Not Elsewhere Classified 4512 Air Transportation, Scheduled 4513 Air Courier Services 4581 Airports, Flying Fields, and Airport Terminal Services 9511 Air and Water Resource and Solid Waste Management 9532 Administration of Urban Planning and Community and Rural Development 9631 Regulation and Administration of Communications, Electric, Gas, and Other Utilities 9711 National Security 5 According to Section 51.852, " regionally significant" means a Federal action for which the direct and indirect emissions of any pollutant represent 10 percent or more of a nonattainment or maintenance area's total emissions inventory for that pollutant.

8 4( b) Information Requested The EPA requires Federal agencies taking actions to perform certain steps to ensure conformity of the action to the SIP. Figure 1 lists the typical tasks by the respondent in the conformity process. This section describes information collection requirements associated with the general conformity process established at 40 CFR part 51, subpart W. The general conformity process may include two main components: ( 1) determine applicability and ( 2) perform conformity analysis.

The EPA requires Federal agencies taking actions to perform certain steps to ensure conformity of the action to the SIP. Figure 1 lists the typical tasks by the respondent in the conformity process. This section describes information collection requirements associated with the general conformity process established at 40 CFR part 51, subpart W. The general conformity process may include two main components: ( 1) determine applicability and ( 2) perform conformity analysis.

( 1) Applicability Before beginning a conformity analysis, the Federal agency or responsible entity must determine whether or not the conformity requirements of 40 CFR part 51, subpart W apply to the proposed action. Section 51.853 of the subpart lists exemptions to the general conformity provisions. If the action cannot be exempted categorically, the respondent will have to complete a brief emissions analysis to determine whether or not the action will be " regionally significant" 5 or the total direct and indirect emissions of criteria pollutants in a nonattainment or maintenance area caused by the proposed action would equal or exceed any of the rates set forth in paragraphs ( b)( 1) or ( 2) of § 51.853 ( Tables 1( a) and ( b)). If the action is not considered to be regionally significant or does not exceed the specified emission rates, the action is considered to conform to the SIP, and the general conformity process can stop at this point.

( i) Data items Information collection activities include the following items:

  Determine applicability.

( ii) Respondent actions To determine applicability, respondents ( generally Federal agencies) perform the following activities: 9   The respondent must read the regulations to understand the conformity requirements.

  The respondent must compare the action to the list of categorical exemptions.

  For actions not exempted, the respondent must calculate total emissions. 10 Negotiate mitigation measures Prepare draft determination Provide notice of draft determination Perform air quality test  Calculate emission estimates  Do regional or local scale emissions modeling  Perform mitigation analysis Figure 1. Typical Respondent Tasks in General Conformity Process Become familiar with conformity process Determine applicability Consult with regulatory agencies: EPA, State, local air agency, or MPO Collect data from State, local air agency, or MPO Receive and consider comments on draft determination Prepare final determination 11 The respondent must determine whether or not the activity will be " regionally significant."

  The respondent must determine whether its emissions will be above the levels specified in § 51.853( b)( 1) and ( 2) ( Tables 1( a) and ( b)).

( 2) Conformity Determination Federal actions that exceed de minimis thresholds or that are regionally significant are subject to the requirements of Subpart W; therefore, these respondents must conduct their own conformity determination. Sections 51.855, 51.856, 51.859, and 51.860 establish procedures and information collection requirements for conducting conformity determinations. In general, the level of information collection requirements for completing a conformity determination will vary with the complexity of the proposed Federal activity.

( i) Data Items Information collection requirements include the following:

  Conduct conformity determination.

( ii) Respondent actions To conduct the conformity determination, respondents ( generally Federal agencies) perform the following activities.

  The respondent may consult with regulatory agencies.

  Once the respondent determines that the conformity requirements apply to the proposed action, the respondent may consult with the EPA Regional Office and/ or the State or local air agency ( e. g., to provide information regarding the action and determine the level of analysis necessary for the determination).

  The respondent needs to collect data from the State and/ or local air agencies and other appropriate offices ( e. g., National Weather Service).

  The respondent will need to arrange meetings and consult with appropriate persons at the State and/ or other local agencies to collect the most recent data ( e. g., air quality trends, meteorological data, sitespecific emission data) for the analysis. 12   The respondent needs to perform air quality analysis.

  The respondent will determine if the proposed action has been accounted for in the current SIP or if its emissions increases could be offset by emission reductions from existing sources in the area.

  If the proposed activity is complex, the respondent might have to perform hot spot and/ or regional air quality modeling for the relevant criteria pollutants to demonstrate that the emissions from the proposed activity would not cause violations of the NAAQS or would not increase the frequency or severity of existing violations.

  The respondent may need to develop a mitigation plan. If a mitigation plan is necessary:

  The respondent must develop a mitigation plan, identifying the mitigation measures, process, and schedule for implementing it.

  The respondent must guarantee financial resources for implementing the mitigation plan.

  The respondent must prepare a draft determination on the conformity assessment.

  The respondent must present a draft determination.

  The responsible Federal agency must notify the appropriate EPA Regional Office( s), State and local air quality agencies, other Federal agencies if appropriate, and the MPO ( if applicable).

  For those actions that are presumed to conform because they meet one of the above criteria for establishing exemption, the responsible Federal agency must publish a notice for comment in the Federal Register. The notice must specify the action and the basis for the determination.

  The responsible Federal agency must provide at least 30 days for public comment. The agency must receive, consider, and document the response to comments.

  The responsible Federal agency must publish a final list of actions in the Federal Register. 13 5. THE INFORMATION COLLECTED AGENCY ACTIONS, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities ( 1) EPA Activities The EPA Regional Office is involved in the general conformity process if the Federal agency taking action requests EPA's guidance or if it wishes to comment on a determination. Figure 2 illustrates an EPA Regional Office's involvement with the conformity process.

The extent of EPA's involvement with the process will depend on the level of communication between the respondent and the Regional Office. If the respondent and the Regional Office reach an understanding on the contents of the determination early in the planning process of a proposed action, EPA's involvement could be limited to a quick review of the results in the draft determination. However, if the respondent does not contact the Regional Office and does an inadequate air quality analysis for the determination, EPA could become involved in protracted negotiations with the respondent.

The complexity of the proposed action will also influence the extent of EPA's involvement with the process. The Regional Office will not have to consult extensively with a respondent whose proposed action only requires the calculation of emissions estimates. The Regional Office might only have to direct the respondent to the correct State or local officials for obtaining the data for the determination. However, if the proposed action requires calculating emissions estimates, modeling, and mitigation analysis, the Regional Office might have to review the results and provide written comment on each tier of the analysis. The Regional office would expend more labor hours for this type of conformity determination than the previous one.

The following is an outline of the potential tasks for an EPA Regional Office during the conformity process:

  Obtain information from respondent about the proposed Federal action. The EPA Regional Office needs to learn about the action and its potential impact on air quality. The EPA will receive this information in initial consultations with the respondent. 14   Consult with other regulatory agencies about the level of analysis necessary for the conformity determination. Once the EPA Regional Office knows about the action, it might meet with the State and local air agencies to reach a consensus on the contents of the determination. Potential subjects of discussion are outputs of the 15 Obtain information about proposed activity from respondent Figure 2. EPA Regional Offices Participation in Conformity Process * The Regional Office's participation in the process is not required, and will occur if the respondent requests EPA's guidance or if EPA wishes to comment on a determination. Consult with other regulatory agencies  State and/ or local air agency about level of analysis necessary for determination Transmit recommendations to respondent Work with consultants during air quality analysis Review draft determination 16 analysis, the pollutants to be covered, the emissions factors, or the appropriate modeling protocol. These consultations can take place over the phone or in a meeting.

  Transmit recommendations to respondent. After the regulatory agencies have reached a consensus on the level of analysis for the determination, the EPA Regional Office will communicate the recommendations to the respondent. This could involve a letter and a follow up meeting.

  Work with consultants on air quality analysis. The respondent is likely to hire private consultants to complete the air quality analysis. The EPA Regional Office can work with the consultants to help them obtain data from the State or local air quality agency, determine the correct emissions factors to use, and decide upon different modeling techniques. The EPA's involvement with the consultants ranges from a phone conversation to several meetings.

  Review draft conformity determination. If there has been adequate communication during the steps above, the review should be a formality. The Regional Office will often send a letter to the respondent stating that the air quality analysis has been reviewed and that a finding of conformity can be made based on the results.

It should be emphasized that for many determinations, EPA's participation in the last four steps is possible but not probable.

( 2) State and Local Air Agency Activities The States are required to develop and promulgate regulations for general conformity. In addition, like the EPA Regional offices, the State and local air agencies will participate in the conformity process if their guidance is requested by the respondent or if they wish to comment on a determination. The extent of their participation will vary from State to State. In places where the State or local air agency works closely with the EPA Regional office, the air agency may take part in all of the same actions that the EPA does. Those actions are listed above in section 4( a). In other areas where the State or local air agency does not work as closely with the Regional office, the air agency may limit its participation to the initial consultations with the EPA. Moreover, the agency may participate in fewer conformity determinations than the Regional Office does.

5( b) Collection Methodology and Management The respondent will need to collect emissions data from the State or local air agency. For some conformity determinations, the respondent will hire a private consultant to collect the data. The consultant will make arrangements with the staff from the State or local air agency to have the data sent on computer disk or tape, if possible. 17 The emissions data from the State or local air agency should be very accessible. The respondent will need emissions factors and perhaps information on different modeling techniques. For most determinations, the respondent will not have to pay a fee for the data. However, the respondent will be billed by the consultant ( if applicable) for the hours spent collecting the data and conducting the air quality modeling.

5( c) Small Entity Flexibility This section is not applicable because the regulation directly affects only Federal agencies. In addition, the emissions levels used to define the Federal actions to which the rule applies are not likely to capture small entities.

5( d) Collection Schedule The information collections described in this ICR must be completed before the action is undertaken. If the action is not part of a continuous Federal program, the determination will be repeated every fifth year from the date the original determination was made. If the action is less than five years in duration or is part of a continuous program, the determination will be a one time burden.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden The burdens and costs associated with information collection requirements under the general conformity regulations vary with the complexity of the proposed Federal action. To encompass these variations, EPA analyzed two scenarios in the conformity process: a straightforward conformity determination and a complex conformity determination.

For a straightforward determination, EPA assumes that the air quality analysis will not require local or regional scale air quality modeling and mitigation analysis. Furthermore, the respondent will receive no adverse public comment regarding the determination. For a complex determination, EPA assumes that the respondent will need to complete an extensive air quality analysis because of the complexity of the proposed activity. The respondent will have to calculate emissions estimates, run local scale emissions models, and perform mitigation analysis. The respondent also must address some adverse public comments before preparing a final determination. These assumptions for the complex determinations may overestimate the resource burden, since respondents would most likely be preparing an environmental assessment/ environmental impact statement under the National Environmental Policy Act which could include air quality modeling and public review. 18 Determine Applicability To determine the number of applicability reviews per year, EPA requested general conformity activity data from the Federal agencies that are most likely to be subject to the requirements. Data was submitted by the Department of Defense ( DOD), Mineral Management Service ( MMS), Bureau of Land Management ( BLM) and the Federal Aviation Administration ( FAA). The average level of general conformity activity reported by these four agencies were 11.5 complex and 1193 straightforward respondents per year. EPA assumed that these agencies represented 90% of the general conformity determinations. Thus it was estimated that the total number of determinations performed by all Federal agencies was 13 complex and 1325 straightforward each year.

Conformity Determination Based on recent data collected, EPA estimates that each year that 1338 Federal actions will require 13 complex conformity determinations and 1325 straightforward conformity determinations. In addition, EPA estimates that, at most, 20 percent ( 20) of all complex determinations and 2 percent ( 26) of all straightforward determinations will incur fees for MPO services.

Conformity determinations are one time only activities which are completed before the Federal agency takes the subject action. Therefore, the determinations do not contain any continuing record keeping or reporting requirements for the individual actions. Thus, there is no capital or O& M cost associated with the record keeping and reporting requirements.

6( b) Estimating Respondent Costs The EPA estimates an average hourly respondent labor cost ( including overhead) of $ 65.18 for legal staff, $ 55.41 for managerial staff, $ 29.95 for technical staff, and $ 17.95 for clerical staff. The EPA based these labor rates on those for Federal staff at the following government service levels:

Legal staff GS 15, Step 3 Managerial staff GS 14, Step 3 Technical staff GS 10, Step 3 Clerical staff GS 5, Step 3 To obtain the labor rate, EPA divided the annual 2001 GS salary by 2080 ( the number of hours in a work year) and multiplied by the standard government overhead factor of 1.6. Using these labor rates, Exhibit 1 summarizes total annual burdens and labor costs associated with information collection requirements for straightforward conformity 19 determinations, while Exhibits 2 summarizes total annual burdens and labor costs associated with complex determinations.

Exhibit 1 provides the resource estimates for the respondents to conduct straightforward conformity determinations. Also included in the Exhibit 1 are estimates of the resources required to review the actions which are exempt from the regulations. The total annual burden for the respondents to conduct the straightforward determinations and reviewing the exempt actions is 43,178 hours and $ 1,469,558. Exhibit 2 provides the resource estimates for respondents to conduct complex conformity determinations. The total annual burden for the respondents to conduct 13 complex determinations is 20,456 hours and $ 713,894. The total annual burden for the respondents to implement the general conformity regulations is 64,174 hours and $ 2,183,452.

Exhibit 3 provides the resource estimates for the non Federal agency respondents to conduct conformity determinations. Only limited information was submitted and this was provided by one group representing the airline industry that include the Airports Council International North America, American Association of Airport Executives, Air Transport Association, and Cargo Airline Association. The group estimated a labor effort of 9000 hours per year. A labor rate was derived from the GS 10, Step 3 rate of 18.72/ hour used for government technical staff. However, a more typical private sector overhead factor of 3.0 was used instead of the 1.6 used for the government sector. The resulting rate was 56.16/ hour for private or consultant technical staff and a total cost of $ 505,440, annually. A basis for estimating the division of labor between straightforward and complex determination was not provided. It was assumed to be similar to the proportion that was derived for the Federal agency respondents which was 83 and 17 percent for straightforward and complex, respectively.

Exhibit 4 summarizes the burden for all respondents. The non Federal agency burden is 9,000 hours and $ 505,440. The total burden for all respondents including Federal and non Federal agencies is 73,174 hours and $ 2,688,892.

6( c) Estimating Agency Burden and Cost Exhibits 5 and 6 present the estimated Agency burden and costs associated with all the requirements covered in this ICR. Based on a 2001 GS pay schedule, EPA estimates an average hourly labor cost of $ 65.18 for legal staff, $ 55.41 for managerial staff, $ 29.95 for technical staff, and $ 17.95 for clerical staff. For purposes of this ICR, EPA assigned Agency staff the following government service levels:

Managerial staff GS 14, Step 3 Legal staff GS 15, Step 3 Technical staff GS 10, Step 3 Clerical staff GS 5, Step 3 20 The EPA divided annual compensation estimates by 2,080, the number of hours in a Federal work year, and multiplied the rates by the standard government overhead factor of 1.6 to derive hourly rates.

For this ICR, EPA assumes that the Agency participates in all 13 complex determinations and 665 or 50 percent of the straightforward determinations. These estimates are derived from the 1998 ICR which were based upon consultation with EPA Regions. The total annual burden to EPA for implementing the general conformity regulations is 5,355 hours and $ 248,092.

Estimating State and Local Agencies Burdens Exhibit 7 presents the estimated State and local air quality agencies' burden and costs associated with all the requirements covered in this ICR. The EPA estimates an average hourly respondent labor cost ( including overhead) of $ 65.18 for legal staff, $ 55.41 for managerial staff, $ 29.95 for technical staff, and $ 17.95 for clerical staff. The EPA based these labor rates on those for Federal staff at the following government service levels:

Legal staff GS 15, Step 3 Managerial staff GS 14, Step 3 Technical staff GS 10, Step 3 Clerical staff GS 5, Step 3 To obtain the labor rate, EPA divided the annual 2001 GS salary by 2,080 ( the number of hours in a Federal work year) and multiplied by the standard government overhead factor of 1.6.

For this ICR, EPA assumes that the States and local agencies participate in all 13 complex determinations and 133 or 20 percent of the straightforward determinations. The State and local participation rate is lower than EPA's 50 percent rate because State and local participating will vary significantly from State to State, approaching 20 percent on average. The total annual burden to the States and local agencies to implement the general conformity regulations is 1246 hours and $ 57,764.

6( d) Bottom Line Burden Hours and Costs Exhibits 8( a) and 8( b) summarize the annual bottom line burden for respondents ( generally Federal agencies), EPA, and States or local agencies.

The bottom line annual burden to Federal agency respondents over the 3 year period covered by this ICR is estimated at 64,174 hours, with a cost of approximately $ 2,183,452. The bottom line burden to non Federal agency respondents is 9,000 hours and $ 505,440. The bottom line burden for the EPA is 5,355 hours, with a cost of $ 248,092. The bottom line burden for States and local agencies is 1,246 hours, with a cost of $ 57,764. 21 The total annual burden is estimated to be 79,775 hours and $ 2,994,748. For the 3 years covered by this ICR, the total burden is estimated to be 239,324 hours and $ 8,984,244.

6( e) Reasons for Change in Burden This ICR is an exhaustive description of the total respondent burden for all activities related to record keeping and reporting requirements for general conformity. The number of determinations used to estimate the burden in the previous ICR was developed from data received from the Council on Environmental Quality because data was not available directly from Federal agency respondents. For this ICR data was obtained directly from the Federal agencies that are mostly likely responsible for the majority of the annual determinations. This should provide a better estimate. The bottom line burden has decreased from the previous ICR's estimate and the proposal notice published on April 27, 2001 for this ICR for the following reasons: ( i) Based on new data, EPA determined that significantly fewer complex conformity determinations would be conducted per year; ( ii) EPA assumed that participation by EPA or State/ local agencies would incur fewer burden hours; ( iii) EPA assumed that, since promulgation of the general conformity rule in 1993, respondents have become more familiar with the requirements and will require less time each year to read the regulations; and ( iv) limited number of respondents to the collection information survey It should be noted that on the previous ICR, Total Burden Hours included Federal Agency burden. Under the provisions of the PRA, those hours have not been reflected in the Total Hours Requested ( 10,246) for this ICR which represents the burden to State/ Local Agencies. However, the Federal Burden has been accounted for and shown in the attached Exhibits 8a and 8b. However on this ICR the hours under Federal were broken out into Federal and Non Federal respondents, and other respondents included EPA Regional Agencies and State and Local Agencies, thus deriving the total annual burden hours.

6( f) Burden Statement Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions: develop, acquire, install and utilize technology and systems for the purpose of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently vaild OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15 22 . Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing a respondent burden, including through the use of automated collection techniques to Ms Susan Auby, Collection Strategies Division ( Mail Code 2822), Office of Environmental Information, United States Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, D. C. 20460 0001; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D. C. 20503, Attention: Desk Officer for EPA. Include the EPA ICR number 1637.05 and OMB Control Number 2060 0279 in any correspondence. 23 APPENDIX A The EPA consulted with Federal agency respondents and EPA Regions to collect information on burdens and associated costs for this ICR. This appendix presents the methodology for collecting and using the data obtained.

Respondent Burdens The EPA consulted Federal agency respondents under the general conformity rule to revise the burden and cost estimates presented in the 1998 general conformity ICR. The EPA contacted the following Federal agencies identified in Table A 1. The EPA asked the Federal agencies contacted to estimate the burdens associated with various tasks in the general conformity process.

For the draft supporting document, EPA revised the previous burden and cost estimates based on input and data received from the US Department of Defense ( DOD), the Federal Aviation Administration ( FAA), the Bureau of Land Management ( BLM), and the Mineral Management Service ( MMS). In general, data collected corroborated the burden and cost estimates developed for the previous ICR, except the annual complex determination activity was significantly less.

In response to EPA's proposed information collection request, the DoD submitted additional information concerning their resource burden for the implementation of the general conformity regulations. Based upon that information and discussions with other Federal agencies, EPA estimates that approximately 1338 Federal actions per year will result in conformity determinations. An estimated 13 of those determinations will be considered complex. The information on the resource burden per determination provided by the other Federal agencies showed a significant variation, therefore EPA used a weighted average to calculate annual burdens.

EPA and State/ Local Air Agencies Burdens The EPA consulted the EPA Regions for information on their burdens for participating in the general conformity process. The EPA revised the previous Agency burden and cost estimates based on input and data received from Region 9 and Region 10.

Data from both Regions indicated that, in practice, the Agency's burden for participating in the general conformity process is much lower than had been estimated in the previous ICR.

The EPA also used the estimates from the EPA Regions as a proxy for burdens on State and local air agencies for participating in the general conformity process. 24 Table A 1. General Conformity ICR  Contact List for Federal Agencies.

Agency Phone Number Fax Number FAA ( 202) 267 8772 ( 202) 267 8821 FAA ( 202) 493 4875 ( 202) 267 8821 Regulatory Branch, Construction and Readiness Division, Army Corps of Engineers ( 202) 761 4614 ( 202) 761 4150 US Army Corps of Engineers Department of the Interior ( 202) 208 5465 ( 202) 208 6970 HUD ( 202) 708 4225 ( 202) 708 3363 DOT ( 202) 366 4861 ( 202) 366 7618 DOT ( 202) 366 4866 ( 202) 366 7618 DOD ( 703) 604 8226 ( 703) 604 6990 DOD ( 703) 602 4769 ( 703) 602 5547 DOD ( 703) 602 2568 ( 703) 602 2676 Forest Service USDA ( 202) 205 0800 ( 202) 205 1599 Fish and Wildlife Service ( 703) 358 2183 ( 703) 358 1869 National Park Service ( 202) 219 3384 ( 202) 208 4620 Bureau of Indian Affairs ( 202) 208 7373 ( 202) 219 0006 Geologic Survey ( 703) 648 5207 no fax Minerals Management Service ( 703) 787 1735 ( 703) 787 1026 Bureau of Land Management ( 303) 236 6400 ( 303) 236 3508 Office of Surface Mining ( 202) 208 2633 no fax Council of Environmental Quality ( 202) 456 6224 ( 202) 456 2710


[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Notices]
[Page 62552]
[FR Doc No: 2019-24838]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4468-DR; Docket ID FEMA-2019-0001]

Florida; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Florida (FEMA-4468-DR), dated October 21,
2019, and related determinations.

DATES:  The declaration was issued October 21, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated October 21, 2019, the President issued a major disaster
declaration under the authority of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the
``Stafford Act''), as follows:

    I have determined that the damage in certain areas of the State
of Florida resulting from Hurricane Dorian during the period of
August 28 to September 9, 2019, is of sufficient severity and
magnitude to warrant a major disaster declaration under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C.
5121 et seq. (the ``Stafford Act''). Therefore, I declare that such
a major disaster exists in the State of Florida.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance and Hazard Mitigation will be limited to 75
percent of the total eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Thomas J. McCool, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Florida have been designated as
adversely affected by this major disaster:

    Brevard, Duval, Flagler, Indian River, Martin, Nassau, Osceola,
Palm Beach, Putnam, Seminole, St. Johns, and St. Lucie Counties for
Public Assistance.
    All areas within the State of Florida are eligible for
assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-24838 Filed 11-14-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Proposed Rules]
[Pages 42063-42066]
[FR Doc No: 2018-17835]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0587; FRL-9982-58--Region 9]

Revisions to California State Implementation Plan; South Coast
Air Quality Management District, San Joaquin Valley Air Pollution
Control District and Yolo-Solano Air Quality Management; Nonattainment
New Source Review Requirements for the 2008 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve three state implementation plan (SIP) revisions submitted by
the State of California addressing the nonattainment new source review
(NNSR) requirements for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS). These SIP revisions address the South Coast
Air Quality Management District (SCAQMD or District), San Joaquin
Valley Air Pollution Control District (SJVAPCD or District) and Yolo-
Solano Air Quality Management District (YSAQMD or District) portions of
the California SIP. This action is being taken pursuant to the Clean
Air Act (CAA or ``Act'') and its implementing regulations.

DATES: Any comments must arrive by September 19, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0587 at http://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be removed or edited from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region 9, (415)
972-3534, [email protected].

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

Table of Contents

I. Background and Purpose
II. The State's Submittal
    A. What did the State submit?

    B. What is the purpose of the submitted certification letters?
III. Analysis of Nonattainment New Source Review Requirements
    A. South Coast Air Quality Management District (SCAQMD)
    B. San Joaquin Valley Air Pollution Control District (SJVAPCD)
    C. Yolo-Solano Air Quality Management District (YSAQMD)
IV. Proposed Action and Public Comment
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 12, 2008, the EPA promulgated a revised 8-hour ozone NAAQS
of 0.075 parts per million (ppm).\1\ Upon promulgation of a new or
revised NAAQS, the CAA requires the EPA to designate as nonattainment
any area that is violating the NAAQS based on the three most recent
years of ambient air quality data. The three California air Districts
that are subject to this action were designated nonattainment for the
2008 8-hour ozone NAAQS on April 30, 2012, using years 2009-2011
ambient air quality data.\2\ At the time of designation, the SCAQMD was
classified as an Extreme ozone nonattainment area for the South Coast
Air Basin and a Severe ozone nonattainment area for the Coachella
Valley Air Basin. The SJVAPCD was classified as an Extreme ozone
nonattainment area, and the YSAQMD was classified as a Severe ozone
nonattainment area.
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    \1\ 73 FR 16436 (March 27, 2008).
    \2\ 77 FR 30088 (May 21, 2012).
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    On March 6, 2015, EPA issued a final rule entitled,
``Implementation of the 2008 National Ambient Air Quality Standards for
Ozone: State Implementation Plan Requirements'' (SIP Requirements
Rule), which establishes the requirements and deadlines that state,
tribal, and local air quality management agencies must meet as they
develop implementation plans for areas where ozone concentrations
exceed the 2008 8-hour ozone NAAQS.\3\ Based on the initial
nonattainment designations for the 2008 8-hour ozone standard, each
District was required to make a SIP revision addressing nonattainment
new source review no later than July 20, 2015.\4\ This requirement may
be met by submitting a SIP revision consisting of a new or revised NNSR
permit program, or an analysis demonstrating that the existing SIP-
approved NNSR permit program meets the applicable 2008 ozone
requirements and a letter certifying the analysis.
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    \3\ 80 FR 12263 (March 6, 2015). The SIP Requirements Rule
addresses a range of nonattainment area SIP requirements for the
2008 ozone NAAQS, including requirements pertaining to attainment
demonstrations, reasonable further progress (RFP), reasonably
available control technology, reasonably available control measures,
major new source review, emission inventories, and the timing of SIP
submissions and of compliance with emission control measures in the
SIP. The rule also revokes the 1997 ozone NAAQS and establishes
anti-backsliding requirements.
    \4\ 40 CFR 51.1114.
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    On February 3, 2017, EPA issued a final rule entitled, ``Findings
of Failure to Submit State Implementation Plan Submittals for the 2008
Ozone National Ambient Air Quality Standards (NAAQS)'' (FFS Rule). The
rule found that certain state and local air agencies, including the
SCAQMD, SJVAPCD and YSAQMD, had failed to submit a SIP revision in a
timely manner to satisfy specific New Source Review requirements that
apply to nonattainment areas. The rule established certain deadlines
for the imposition of sanctions, if a state does not submit a timely
SIP revision addressing the requirements for which the finding was
made, and for the EPA to promulgate a Federal Implementation Plan (FIP)
to address any outstanding SIP requirements.

II. The State's Submittal

A. What did the State submit?

    Table 1 lists the dates the submitted 2008 Ozone Certification
letters addressed by this proposal were adopted by each air District
and submitted by the California Air Resources Board (CARB), the agency
that serves as the governor's designee for California SIP submittals.

                Table 1--Submitted Certification Letters
------------------------------------------------------------------------
                District                   Adoption date  Submittal date
------------------------------------------------------------------------
South Coast AQMD........................        7/7/2017        11/16/17
San Joaquin Valley APCD.................         4/19/18         6/19/18
Yolo-Solano AQMD........................         3/14/18         6/19/18
------------------------------------------------------------------------

    On July 31, 2018, CARB's November 16, 2017 submittal of SCAQMD's
2008 Certification letter was deemed to meet the completeness criteria
in 40 CFR part 51, appendix V, which must be met before formal EPA
review. On July 18, 2018, CARB's June 19, 2018 submittal of SJVAPCD's
and YSAQMD's 2008 Certification letters were also deemed to meet the
completeness criteria in 40 CFR part 51, appendix V.

B. What is the purpose of the submitted certification letters?

    The submittal from each District is intended to satisfy the SIP
Requirement Rule that requires states to make a SIP revision addressing
nonattainment new source review and the FFS Rule that requires each
District to make a SIP submittal by September 6, 2018. The SIP for each
District currently contains approved NNSR permit programs based on
their nonattainment classification for the 1997 8-hour ozone NAAQS. The
submitted certification letters provide a mechanism for each District
to satisfy the 40 CFR 51.1114 submittal requirements based on their
2008 8-hr ozone nonattainment designations. EPA's analysis of how these
SIP revisions address the NNSR requirements for the 2008 8-hour ozone
NAAQS is provided below.

III. Analysis of Nonattainment New Source Review Requirements

    The minimum SIP requirements for NNSR permitting programs for the
2008 8-hour ozone NAAQS are contained in 40 CFR 51.165. These NNSR
program requirements include those promulgated in the ``Phase 2 Rule''
implementing the 1997 8-hour ozone NAAQS \5\ and the SIP Requirements
Rule implementing the 2008 8-hour ozone NAAQS. Under the Phase 2 Rule,
the SIP for each ozone nonattainment area must contain NNSR provisions
that: (1) Set major source thresholds for nitrogen oxides
(NOX) and volatile organic compounds (VOC) pursuant to 40
CFR 51.165(a)(1)(iv)(A)(1)(i)-(iv) and (2); (2) classify physical
changes at a major

source if the change would constitute a major source by itself pursuant
to 40 CFR 51.165(a)(1)(iv)(A)(3); (3) consider any significant net
emissions increase of NOX as a significant net emissions
increase for ozone pursuant to 40 CFR 51.165(a)(1)(v)(E); (4) consider
any increase of VOC emissions in extreme ozone nonattainment areas as
significant net emissions increases and major modifications for ozone
pursuant to 40 CFR 51.165(a)(1)(v)(F); (5) set significant emissions
rates for VOC and NOX as ozone precursors pursuant to 40 CFR
51.165(a)(1)(x)(A)-(C) and (E); (6) contain provisions for emissions
reductions credits pursuant to 40 CFR 51.165(a)(3)(ii)(C)(1)-(2); (7)
provide that the requirements applicable to VOC also apply to
NOX pursuant to 40 CFR 51.165(a)(8); and (8) set offset
ratios for VOC and NOX pursuant to 40 CFR 51.165(a)(9)(ii)-
(iv). Under the SIP Requirements Rule the SIP for each ozone
nonattainment area designated nonattainment for the 2008 8-hour ozone
NAAQS and designated nonattainment for the 1997 ozone NAAQS as of April
6, 2015, must also contain NNSR provisions that include the anti-
backsliding requirements at 40 CFR 51.1105.
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    \5\ 70 FR 71612 (November 29, 2005).
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A. South Coast Air Quality Management District (SCAQMD)

    The SCAQMD's longstanding SIP-approved NNSR program,\6\ established
in Regulation XIII--New Source Review, of the SCAQMD's Rules and
Regulations, applies to the construction and modification of stationary
sources, including major stationary sources in nonattainment areas
under its jurisdiction. The SCAQMD's submitted SIP revision includes a
demonstration, consisting of a table listing each of the Phase 2 Rule
and SIP Requirements Rule NNSR program requirements and a citation to
the specific provision of the rule satisfying the requirement. The
submittal also includes a certification by the SCAQMD that the cited
rules meet the federal NNSR requirements for the applicable ozone
nonattainment designations. These documents are available in the docket
for this action. EPA has reviewed the demonstration and cited program
elements intended to meet the federal NNSR requirements and is
proposing to approve the SCAQMD's submittal because the current SIP-
approved NSR program contains all the Phase 2 Rule and SIP Requirements
Rule NNSR program requirements applicable to the South Coast Air Basin
as an Extreme ozone nonattainment area, and all the requirements
applicable to the Coachella Valley Air Basin as a Severe ozone
nonattainment area.
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    \6\ 61 FR 64291 (December 4, 1996); 64 FR 13514, (March 19,
1999); 71 FR 35157 (June 19, 2006).
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B. San Joaquin Valley Air Pollution Control District (SJVAPCD)

    The SJVAPCD's longstanding SIP-approved NNSR program,\7\
established in Rule 2201--New and Modified Stationary Source Review
Rule, applies to the construction and modification of stationary
sources, including major stationary sources in nonattainment areas
under its jurisdiction. The SJVAPCD's submitted SIP revision includes a
demonstration, consisting of a table listing each of the Phase 2 Rule
and SIP Requirements Rule NNSR program requirements and a citation to
the specific provision of the rule satisfying the requirement. The
submittal also includes a certification by the SJVAPCD that the cited
rules meet the federal NNSR requirements for the applicable ozone
nonattainment designations. These documents are available in the docket
for this action. EPA has reviewed the demonstration and cited program
elements intended to meet the federal NNSR requirements and is
proposing to approve the SJVAPCD's submittal because the current SIP-
approved NSR program contains all the Phase 2 Rule and SIP Requirements
Rule NNSR program requirements applicable to an Extreme ozone
nonattainment area.
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    \7\ 79 FR 55637 (September 14, 2014).
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C. Yolo-Solano Air Quality Management District (YSAQMD)

    The YSAQMD's longstanding SIP-approved NNSR program,\8\ established
in Rule 3.4--New Source Review, applies to the construction and
modification of stationary sources, including major stationary sources
in nonattainment areas under its jurisdiction. The YSAQMD's submitted
SIP revision includes a demonstration, consisting of a table listing
each of the Phase 2 Rule and SIP Requirements Rule NNSR program
requirements and a citation to the specific provision of the rule
satisfying the requirement. The submittal also includes a certification
by the YSAQMD that the cited rules meet the federal NNSR requirements
for the applicable ozone nonattainment designations. These documents
are available in the docket for this action. EPA has reviewed the
demonstration and cited program elements intended to meet the federal
NNSR requirements and is proposing to approve the YSAQMD's submittal
because the current SIP-approved NSR program contains all the Phase 2
Rule and SIP Requirements Rule NNSR program requirements for a Severe
ozone nonattainment area.
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    \8\ 62 FR 36214 (July 7, 1997).
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IV. Proposed Action and Public Comment

    EPA is proposing to approve SIP revisions addressing the NNSR
requirements for the 2008 8-hour ozone NAAQS for the SCAQMD, SJVAPCD
and YSAQMD. In support of this proposed action, we have concluded that
our approval of the submitted 2008 Ozone certifications for each
District would comply with section 110(l) of the Act because the
submittals will not interfere with continued attainment of the NAAQS in
each District. EPA has concluded that the State's submission fulfills
the 40 CFR 51.1114 revision requirement and meets the requirements of
CAA section 110 and the minimum SIP requirements of 40 CFR 51.165. The
intended effect of our proposed action is to approve the submitted
certifications as meeting the applicable Phase 2 Rule requirements. If
we finalize this action as proposed, our action would incorporate these
certifications into the federally enforceable SIP and be codified
through revisions to 40 CFR 52.220 (Identification of plan).
    We will accept comments from the public on this proposal until
September 19, 2018.
    In addition, the FFS Rule issued by EPA on February 3, 2017 started
an 18-month sanctions clock and a 24-month Federal Implementation Plan
(FIP) clock. See 82 FR 9158. The 18-month sanctions clock was stopped
upon receipt of California's SIP revisions and our determination that
the submittals were complete. We determined the submittals were
complete on July 18, 2018, for the SJVAPCD and YSAQMD, and on July 31,
2018, for the SCAQMD. The 24-month FIP clock will stop upon the
effective date of our final approval.

V. Incorporation by Reference

    In this document, the EPA is proposing to include in a final EPA
rule, regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the certifications listed in Table 1 of this
preamble. The EPA has made, and will continue to make, these materials
available electronically through www.regulations.gov and in hard copy
at the EPA Region IX Office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).

VI. 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, 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);
     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 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 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 8, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-17835 Filed 8-17-18; 8:45 am]
 BILLING CODE 6560-50-P