[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11814-11817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03246]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2018-0146; FRL-10005-67-Region 9]
Approval of Air Quality Implementation Plans; California; Ventura
County; 8-Hour Ozone Nonattainment Area Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve portions of two state implementation plan (SIP)
revisions submitted by the State of California to meet Clean Air Act
(CAA or ``the Act'') requirements for the 2008 8-hour ozone national
ambient air quality standards (NAAQS or ``standards'') in the Ventura
County, California (``Ventura County'') ozone nonattainment area. The
two SIP revisions include the ``Final 2016 Ventura County Air Quality
Management Plan,'' and the Ventura County portion of the ``2018 Updates
to the California State Implementation Plan.'' In this action, the EPA
refers to these submittals collectively as the ``2016 Ventura County
Ozone SIP.'' The 2016 Ventura County Ozone SIP addresses the
nonattainment area requirements for the 2008 ozone NAAQS, including the
requirements for an emissions inventory, attainment demonstration,
reasonable further progress, reasonably available control measures,
contingency measures, among others; and establishes motor vehicle
emissions budgets. The EPA is taking final action to approve the 2016
Ventura County Ozone SIP as meeting all the applicable ozone
nonattainment area requirements except for the contingency measure
requirement, for which the EPA will be taking final action in a
separate document.
DATES: This rule will be effective on March 30, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0146. 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.
FOR FURTHER INFORMATION CONTACT: John Kelly, Air Planning Office (AIR-
2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, (415)
947-4151, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of the Proposed Action
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On December 20, 2019 (84 FR 70109), the EPA proposed to approve,
under CAA section 110(k)(3), and to approve conditionally, under CAA
section 110(k)(4), all or portions of submittals from the California
Air Resources Board (CARB) of revisions to the California SIP for the
Ventura County ozone nonattainment area for the 2008 ozone NAAQS.\1\
The relevant SIP revisions include Ventura County Air Pollution Control
District's (VCAPCD's or ``District's'') Final 2016 Ventura County Air
Quality Management Plan (``2016 Ventura County AQMP''), and the Ventura
County portion of CARB's 2018 Updates to the California State
Implementation Plan (``2018 SIP Update''). Collectively, we refer to
the 2016 Ventura County AQMP and the relevant portion of the 2018 SIP
Update as the ``2016 Ventura County Ozone SIP,'' and we refer to our
December 20, 2019 proposed rule as the ``proposed rule.''
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\1\ Ventura County lies within California's South Central Coast
Air Basin, which includes the counties of Santa Barbara and San Luis
Obispo in addition to Ventura County. The Ventura County ozone
nonattainment area for the 2008 ozone NAAQS includes the entire
county except for the Channel Islands of Anacapa and San Nicolas
Islands. See 40 CFR 81.305.
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Our proposed conditional approval of the contingency measure
element of the 2016 Ventura County AQMP relied on specific commitments:
(1) From the District to modify an existing rule or rules that would
provide for additional emissions reductions in the event that Ventura
County fails to meet a reasonable further progress (RFP) milestone or
fails to attain the 2008 ozone NAAQS by the applicable attainment date,
and (2) from CARB to submit the revised District rule(s) to the EPA as
a SIP revision within 12 months of our final action.\2\ For more
information on the SIP revision submittals and related commitments,
please see our proposed rule.
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\2\ Letter dated August 16, 2019 from Michael Villegas, Air
Pollution Control Officer, VCAPCD, to Richard Corey, Executive
Officer, CARB; and letter dated August 30, 2019 from Richard W.
Corey, Executive Officer, CARB to Mike Stoker, Regional
Administrator, Region IX.
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In our proposed rule, we provided background information on the
ozone standards,\3\ area designations, and related SIP revision
requirements under the CAA, and the EPA's implementing regulations for
the 2008 ozone standards, referred to as the 2008 Ozone SIP
Requirements Rule (``2008 Ozone SRR''). To summarize, the Ventura
County ozone nonattainment area is classified as Serious for the 2008
ozone standards, and the 2016 Ventura County Ozone SIP was developed to
address the requirements for this Serious nonattainment area for the
2008 ozone NAAQS.
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\3\ Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the presence of sunlight. The 2008 ozone NAAQS
is 0.075 parts per million (ppm) (eight-hour average). CARB refers
to reactive organic gases (ROG) in some of its ozone-related
submittals. The CAA and the EPA's regulations refer to VOC, rather
than ROG, but both terms cover essentially the same set of gases. In
this final rule, we use the Federal term (VOC) to refer to this set
of gases.
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For our proposed rule, we reviewed the various SIP elements
contained in the 2016 Ventura County Ozone SIP, evaluated them for
compliance with statutory and regulatory requirements, and concluded
that they meet all applicable requirements with the exception of the
contingency measure element. More specifically, in our proposal rule,
we based our proposed actions on the following determinations:
CARB and the District have met all applicable procedural
requirements for public notice and hearing prior to the adoption and
submittal of the 2016 Ventura County AQMP and 2018 SIP Update (see 84
FR 70109, 70112-70113 from the proposed rule);
The 2012 base year emissions inventory from the 2016
Ventura County AQMP is comprehensive, accurate, and current and thereby
meets the requirements of CAA sections 172(c)(3) and 182(a)(1) and 40
CFR 51.1115 for the 2008 ozone NAAQS, and future year baseline
projections reflect appropriate calculation methods and the latest
planning assumptions and are properly
[[Page 11815]]
supported by SIP-approved stationary and mobile source measures (see 84
FR 70109, 70113-70115 from the proposed rule);
The emissions statement element of the 2016 Ventura County
AQMP meets the requirements for emissions statements under CAA section
182(a)(3)(B) and 40 CFR 51.1102 for the 2008 ozone NAAQS (see 84 FR
70109, 70115-70116 from the proposed rule);
The process followed by the District to identify
reasonably available control measures (RACM) is generally consistent
with the EPA's recommendations; the District's rules provide for the
implementation of RACM for stationary and area sources of oxides of
nitrogen (NOX) and volatile organic compounds (VOC); CARB
and the Southern California Association of Governments (SCAG) provide
for the implementation of RACM for mobile sources of NOX and
VOC; there are no additional RACM that would advance attainment of the
2008 ozone NAAQS in Ventura County by at least one year; and therefore,
the 2016 Ventura County AQMP provide for the implementation of all RACM
as required by CAA section 172(c)(1) and 40 CFR 51.1112(c) for the 2008
ozone NAAQS (see 84 FR 70109, 70116-70118 from the proposed rule);
The photochemical modeling in the 2016 Ventura County AQMP
shows that existing CARB and District control measures are sufficient
to attain the 2008 ozone NAAQS by the applicable attainment date in
Ventura County; given the documentation in the 2016 Ventura County AQMP
of modeling procedures and good model performance, the modeling is
adequate to support the attainment demonstration for the 2008 ozone
NAAQS; and therefore, the 2016 Ventura County AQMP meets the attainment
demonstration requirements of CAA section 182(c)(2)(A) and 40 CFR
51.1108 (see 84 FR 70109, 70118-70121 from the proposed rule);
As provided in our SRR, the previously-approved 15 percent
rate-of-progress (ROP) demonstration for the 1-hour ozone NAAQS for
Ventura County meets the ROP requirements of CAA section 182(b)(1) for
Ventura County for the 2008 ozone NAAQS given that the boundaries of
the Ventura County nonattainment area for the 1-hour ozone NAAQS and
the 2008 ozone NAAQS are the same (see 84 FR 70109, 70121-70123 from
the proposed rule);
The RFP demonstration in the 2018 SIP Update provides for
emissions reductions of VOC or NOX of at least 3 percent per
year on average for each three-year period from a 2011 baseline year
through the attainment year and thereby meets the requirements of CAA
sections 172(c)(2), 182(b)(1), and 182(c)(2)(B), and 40 CFR
51.1110(a)(2)(ii) for the 2008 ozone NAAQS (see 84 FR 70109, 70121-
70123 from the proposed rule);
The motor vehicle emissions budgets for the RFP milestone/
attainment year of 2020 from the 2016 Ventura County AQMP are
consistent with the RFP and attainment demonstrations, are clearly
identified and precisely quantified, and meet all other applicable
statutory and regulatory requirements in 40 CFR 93.118(e), including
the adequacy criteria in 40 CFR 93.118(e)(4) and (5) (see 84 FR 70109,
70125-70127 from the proposed rule); \4\
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\4\ In light of CARB's request to limit the duration of the
approval of the budgets in the 2018 SIP Update and in anticipation
of the EPA's approval, in the near term, of an updated version of
CARB's EMFAC (short for EMission FACtor) model for use in SIP
development and transportation conformity in California to include
updated vehicle mix and emissions data, we proposed to limit the
duration of our approval of the budgets until replacement budgets
have been found adequate. See 84 FR 70109, 70126-70127 from the
proposed rule.
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The general conformity budgets in the 2016 AQMP are
established for a set time period, cover both precursors of ozone, are
precisely quantified, and are consistent with the RFP and attainment
demonstrations for the 2008 ozone NAAQS in Ventura County (see 84 FR
70109, 70127-70128 from the proposed rule); and
Through previous EPA approvals of the State's inspection
and maintenance (I/M) program, the 1994 ``Opt-Out Program'' SIP
revision, the 1993 Photochemical Assessment Monitoring Station (PAMS)
SIP revision, and the 2018 annual monitoring network plan, we find that
Ventura County meets the following requirements for the 2008 ozone
NAAQS: The enhanced vehicle I/M requirements in CAA section 182(c)(3)
and 40 CFR 51.1102; the clean fuels fleet program in CAA sections
182(c)(4) and 246 and 40 CFR 51.1102; and the enhanced ambient air
monitoring requirements in CAA section 182(c)(1) and 40 CFR 51.1102
(see 84 FR 70109, 70128-70129 from the proposed rule).
With respect to the contingency measure element of the 2016 Ventura
County Ozone SIP, we proposed to approve conditionally the element as
meeting the requirements of CAA sections 172(c)(9) and 182(c)(9) for
the 2008 ozone NAAQS, based on commitments by CARB and the District to
supplement the element through submission of a SIP revision within one
year of final conditional approval action that will include a revised
District rule or rules. See 84 FR 70109, 70123-70125 from the proposed
rule.\5\
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\5\ We are not taking final action on the contingency measure
element of the 2016 Ventura County Ozone SIP at this time but will
do so in a separate final rule.
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Please see our proposed rule for more information concerning the
background for this action and for a more detailed discussion of the
rationale for approval or conditional approval of the above-listed
elements of the 2016 Ventura County Ozone SIP.
II. Public Comments and EPA Responses
The public comment period on the proposed rule opened on December
20, 2019, the date of its publication in the Federal Register, and
closed on January 21, 2020. During this period, the EPA received five
anonymous comments and one comment letter submitted by Air Law for All
on behalf of the Center for Biological Diversity, the Center for
Environmental Health and Citizens for Responsible Oil and Gas
(collectively referred to herein as ``CBD'').
Four of the anonymous commenters express overall support for the
proposed action. The fifth anonymous commenter expresses opposition to
the approach taken under the current Administration to environmental
regulation in general and opposes our proposed action, without
providing any specific comments on it, based on the assumption that it
represents a rollback of environmental standards. The EPA is not
responding to these five commenters, either because their comments are
not adverse to, or because they are not pertinent to, the proposed
action. The comment letter from CBD relates solely to our proposed
conditional approval of the contingency measure element of the 2016
Ventura County Ozone SIP. We are not taking final action on the
contingency measure element in this document, but will take final
action on it in a separate final rule and will address CBD's comments
at that time.
III. Final Action
For the reasons discussed in detail in the proposed rule and
summarized herein, under CAA section 110(k)(3), the EPA is taking final
action to approve as a revision to the California SIP the following
portions of the 2016 Ventura County Ozone SIP submitted by CARB on
April 11, 2017 and December 5, 2018:
Base year emissions inventory element in the 2016 Ventura
County AQMP as meeting the requirements of CAA sections 172(c)(3) and
182(a)(1)
[[Page 11816]]
and 40 CFR 51.1115 for the 2008 ozone NAAQS;
Emissions statement element in the 2016 Ventura County
AQMP as meeting the requirements of CAA section 182(a)(3)(B) and 40 CFR
51.1102 for the 2008 ozone NAAQS;
RACM demonstration element in the 2016 Ventura County AQMP
as meeting the requirements of CAA section 172(c)(1) and 40 CFR
51.1112(c) for the 2008 ozone NAAQS;
Attainment demonstration element for the 2008 ozone NAAQS
in the 2016 Ventura County AQMP as meeting the requirements of CAA
section 182(c)(2)(A) and 40 CFR 51.1108;
ROP demonstration element in the 2016 Ventura County AQMP
as meeting the requirements of CAA 182(b)(1) and 40 CFR 51.1110(a)(2)
for the 2008 ozone NAAQS;
RFP demonstration element in the 2018 SIP Update, as
clarified in August 2019,\6\ as meeting the requirements of CAA
sections 172(c)(2) and 182(c)(2)(B), and 40 CFR 51.1110(a)(2)(ii) for
the 2008 ozone NAAQS;
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\6\ Letter dated August 29, 2019, from Dr. Michael T. Benjamin,
Chief, Air Quality Planning and Science Division, CARB, to Amy
Zimpfer, Assistant Director, Air Division, EPA Region IX.
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Motor vehicle emissions budgets in the 2016 Ventura County
AQMP for the RFP milestone/attainment year of 2020 (as shown below)
because they are consistent with the RFP and attainment demonstrations
for the 2008 ozone NAAQS proposed for approval herein and meet the
other criteria in 40 CFR 93.118(e); and
Transportation Conformity Budgets for the 2008 Ozone NAAQS in Ventura
County
[Summer planning inventory, tpd]
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Budget year VOC NOX
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2020................................................ 5 7
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Source: 2016 Ventura County AQMP, Table 3-7, 52.
General conformity budgets of VOC and NOX (as
shown below) for Naval Base Ventura County (NBVC), as meeting the
requirements of CAA section 176(c) and 40 CFR 93.161.
NBVC General Conformity Budgets for the 2008 Ozone NAAQS in Ventura
County
[Summer planning inventory, tpy]
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Budget year VOC NOX
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2017.................................................. 178.6 434.2
2018.................................................. 184.8 447.6
2019.................................................. 191.3 461.5
2020.................................................. 198.0 475.9
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Source: 2016 Ventura County Ozone AQMP, Table 4-9.
We are also taking final action to find that the:
Enhanced vehicle inspection and maintenance program in
Ventura County meets the requirements of CAA section 182(c)(3) and 40
CFR 51.1102 for the 2008 ozone NAAQS;
California SIP revision to opt-out of the Federal Clean
Fuels Fleet Program meets the requirements of CAA sections 182(c)(4)(A)
and 246 and 40 CFR 51.1102 for the 2008 ozone NAAQS with respect to
Ventura County; and
Enhanced monitoring in Ventura County meets the
requirements of CAA section 182(c)(1) and 40 CFR 51.1102 for the 2008
ozone NAAQS.\7\
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\7\ Regarding other applicable requirements for the 2008 ozone
NAAQS in Ventura County, the EPA has previously approved SIP
revisions that address the nonattainment area requirements for
implementation of RACT and Nonattainment New Source Review (NSR) for
Ventura County for the 2008 ozone NAAQS. See 80 FR 2016 (January 15,
2015) (approval of Ventura County RACT SIP) and 84 FR 66074
(December 3, 2019) (approval of Ventura County Nonattainment NSR
SIP).
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With respect to the motor vehicle emissions budgets, we are
limiting the duration of the approval of the budgets to last only until
the effective date of the EPA's adequacy finding for any subsequently
submitted budgets. We are doing so at CARB's request and in light of
the benefits of using EMFAC2017-derived budgets prior to our taking
final action on the future SIP revision that includes the updated
budgets. Furthermore, we are determining that the submitted 2020
budgets included in the 2016 Ventura County AQMP are adequate for
transportation conformity purposes.\8\
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\8\ Pursuant to 40 CFR 93.118(f)(2)(iii), the EPA's adequacy
determination is effective upon publication of this final rule in
the Federal Register. Upon the effective date of the adequacy
determination, the 2020 budgets from the 2016 Ventura County AQMP
will replace the budgets that were previously found adequate for use
in transportation conformity determinations (i.e., the 2009 budgets
from the Ventura County Early Progress Plan (February 2008)).
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We are not taking final action on the contingency measure element
of the 2016 Ventura County Ozone SIP at this time but will do so in a
separate final rule.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state plans 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, 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
[[Page 11817]]
or in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 27, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 29, 2020.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(514)(ii)(A)(4)
and (c)(532) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(514) * * *
(ii) * * *
(A) * * *
(4) 2018 Updates to the California State Implementation Plan,
adopted on October 25, 2018, chapter III (``SIP Elements for Ventura
County''), excluding section III.C (``Contingency Measures''); and
pages A-7 through A-10 of appendix A (``Nonattainment Area
Inventories''), only.
* * * * *
(532) The following plan was submitted on April 11, 2017, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Ventura County Air Pollution Control
District.
(1) Final 2016 Ventura County Air Quality Management Plan, adopted
February 14, 2017, excluding chapter 7 (``Contingency Measures'').
(2) [Reserved]
(B) [Reserved]
0
3. Section 52.244 is amended by adding paragraph (a)(9) to read as
follows:
Sec. 52.244 Motor vehicle emissions budgets.
(a) * * *
(9) Ventura County, approved March 30, 2020.
* * * * *
[FR Doc. 2020-03246 Filed 2-26-20; 8:45 am]
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