Clean Data Determination for 1997 PM2.5, 48350-48356 [2016-17410]
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Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations
each House of the Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice-and-comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in Section II.B of this
document, including the basis for that
finding.
IV. Statutory Authority
The statutory authority for this action
is provided by sections 110, 126 and
307 of the CAA as amended (42 U.S.C.
7410, 7426 and 7607).
V. Judicial Review
Under section 307(b)(1) of the CAA,
judicial review of this final rule is
available only by the filing of a petition
for review in the U.S. Court of Appeals
for the for the appropriate circuit by
September 23, 2016. Under section
307(b)(2) of the CAA, the requirements
that are the subject of this final rule may
not be challenged later in civil or
criminal proceedings brought by us to
enforce these requirements.
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practices and
procedures, Air pollution control,
Electric utilities, Incorporation by
reference, Intergovernmental relations,
Sulfur dioxide.
Dated: July 14, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016–17412 Filed 7–22–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Table of Contents
40 CFR Part 52
[EPA–R09–OAR–2014–0708; FRL–9949–47Region 9]
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Clean Data Determination for 1997
PM2.5 Standards; California—South
Coast; Applicability of Clean Air Act
Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is taking final action to
determine that the South Coast air
quality planning area in California has
attained the 1997 annual and 24-hour
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I. Summary of Proposed Action
II. Evaluation of 2014 and 2015 Data
III. Public Comments and the EPA’s
Responses
IV. Final Action
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
AGENCY:
SUMMARY:
fine particle (PM2.5) National Ambient
Air Quality Standards. This
determination is based upon complete
(or otherwise validated), quality-assured
and certified ambient air monitoring
data showing that the area has
monitored attainment of the 1997
annual and 24-hour PM2.5 NAAQS
based on the 2011–2013 monitoring
period, and that all complete data
available since that time period indicate
that the area continues to attain. Based
on the above determination, the
requirements for this area to submit
certain state implementation plan (SIP)
revisions related to attainment shall be
suspended for so long as the area
continues to attain the 1997 annual and
24-hour PM2.5 standards.
DATES: This rule is effective on August
24, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2014–0708. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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 materials, 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:
Wienke Tax, (415) 947–4192, or by
email at tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
the EPA.
On December 9, 2014 (79 FR 72999),
the EPA proposed to determine that the
Los Angeles-South Coast Air Basin
(‘‘South Coast’’) nonattainment area had
attained the 1997 annual and 24-hour
national ambient air quality standards
(NAAQS or ‘‘standards’’) for fine
particles (generally referring to particles
less than or equal to 2.5 micrometers in
diameter, PM2.5)(‘‘1997 PM2.5
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NAAQS’’).1 Herein, we refer to our
December 9, 2014 proposed rule as the
‘‘proposed rule.’’
In our proposed rule, we explained
that in making an attainment
determination, the EPA generally relies
on complete, quality-assured and
certified data gathered at State and
Local Air Monitoring Stations (SLAMS)
and entered into the EPA’s Air Quality
System (AQS) database.2 Under 40 CFR
50.7 (‘‘National primary and secondary
ambient air quality standards for PM2.5’’)
and appendix N to 40 CFR part 50
(‘‘Interpretation of the National Ambient
Air Quality Standards for PM2.5’’), the
1997 annual and 24-hour PM2.5 NAAQS
is met when each monitoring site in the
area has a design value at or below the
standard.3 4
The EPA proposed the determination
of attainment for the South Coast area
based upon a review of the monitoring
network operated by the South Coast
Air Quality Management District
(SCAQMD) and the data collected at the
monitoring sites operating during the
most recent three-year period from
which data was available at the time of
the proposed rule (i.e., 2011 to 2013).
Based on this review, the EPA found
that complete (or otherwise validated),
quality-assured and certified data for the
South Coast showed that the annual and
24-hour design values for the 2011–2013
period were equal to or less than 15
micrograms per cubic meter (m/m3) and
65 m/m3, respectively, at all monitoring
sites and that, therefore, the South Coast
had attained the 1997 PM2.5 NAAQS.
See the data summary tables on pages
73003 and 73004 of our proposed rule.
In conjunction with and based upon
our proposed determination that the
South Coast had attained the standard,
1 The South Coast includes Orange County, the
southwestern two-thirds of Los Angeles County,
southwestern San Bernardino County, and western
Riverside County (see 40 CFR 81.305).
2 AQS is EPA’s repository for ambient air quality
data. Data completeness requirements for a given
year are met when at least 75 percent of the
scheduled sampling days for each quarter have
valid data.
3 The annual PM
2.5 standard design value is the
3-year average of annual mean concentration, and
the 1997 annual PM2.5 NAAQS is met when the
annual standard design value at each eligible
monitoring site is less than or equal to 15.0 mg/m3.
In 2012, we established a more stringent annual
PM2.5 NAAQS of 12.0 mg/m3, 78 FR 3086 (January
15, 2013) (‘‘2012 PM2.5 NAAQS’’), but the 1997
annual PM2.5 NAAQS remains in effect.
4 The 24-hour PM
2.5 standard design value is the
3-year average of annual 98th percentile 24-hour
average values recorded at each eligible monitoring
site, and the 1997 24-hour PM2.5 NAAQS is met
when the 24-hour standard design value at each
monitoring site is less than or equal to 65 mg/m3.
In 2006, we established a more stringent 24-hour
PM2.5 NAAQS of 35 mg/m3, 71 FR 61144 (October
17, 2006) (‘‘2006 PM2.5 NAAQS’’), but the 1997 24hour PM2.5 NAAQS remains in effect.
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the EPA also proposed to determine that
the obligation under the Clean Air Act
(CAA or ‘‘Act’’) to submit any remaining
attainment-related SIP revisions arising
from classification of the South Coast as
a Moderate nonattainment area under
subpart 4 of part D (of title I of the Act)
for the 1997 PM2.5 NAAQS was not
applicable for so long as the area
continues to attain the 1997 PM2.5
NAAQS. These attainment-related
requirements include, but are not
limited to, the part D, subpart 4
obligations to provide an attainment
demonstration pursuant to section
189(a)(1)(B), the reasonably available
control measures (RACM) provisions of
section 189(a)(1)(C) and the reasonable
further progress (RFP) provisions of
section 189(c). In so doing, we proposed
to apply the EPA’s Clean Data Policy to
the 1997 PM2.5 NAAQS to suspend the
attainment-related SIP submittal
obligations under subpart 4 of part D (of
title I of the CAA), since the South Coast
nonattainment area is considered a
‘‘Moderate’’ nonattainment area under
subpart 4. See page 73005 of our
proposed rule. In proposing to apply the
Clean Data Policy to the 1997 PM2.5
NAAQS, we explained that we are
applying the same statutory
interpretation with respect to the
implications of clean data
determinations that the Agency has long
applied in regulations for the 1997 8hour ozone and PM2.5 NAAQS and in
individual rulemakings for the 1-hour
ozone, coarse particle (PM10) and lead
NAAQS.
Please see the proposed rule for more
detailed information concerning the
PM2.5 NAAQS, designations of PM2.5
nonattainment areas, the regulatory
basis for determining attainment of the
NAAQS, the SCAQMD’s PM2.5
monitoring network, the EPA’s review
and evaluation of the data and the
rationale and implications for
application of the Clean Data Policy to
the 1997 PM2.5 NAAQS.
II. Evaluation of 2014 and 2015 Data
We noted in our proposed rule that,
at that time, AQS included no PM2.5
data for year 2014 for the South Coast,
but that several quarters of preliminary
data were expected to be uploaded to
AQS prior to the EPA’s final action. See
page 73003 of the proposed rule. We
also indicated that we would review the
preliminary 2014 data prior to taking
final action to ensure that 2014 data are
consistent with the determination of
attainment. In the paragraphs that
follow, before we discuss the data for
2014 and 2015, we discuss changes to
the SCAQMD PM2.5 ambient monitoring
network and the EPA’s determination
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regarding eligibility of data from certain
collocated monitors for comparison to
the NAAQS.
At the time of our proposed rule, the
PM2.5 monitoring network in the South
Coast consisted of 18 SLAMS.
Monitoring networks frequently change
over time in response to changing
circumstances, requirements and needs.
Since our proposed rule, the SCAQMD
has discontinued monitoring at three
sites (Burbank, Riverside (Magnolia) and
Ontario (Fire Station)) and has
established near-road PM2.5 monitoring
sites along Route 710 in Long Beach and
along Route 60 in Ontario.5 During at
least portions of 2014 and 2015,
SCAQMD operated collocated filterbased Federal Reference Method (FRM)
and Federal Equivalent Method (FEM)
Beta Attenuation Method (BAM)
samplers at seven sites: Anaheim,
Burbank, Central Los Angeles, North
Long Beach, South Long Beach,
Rubidoux and Mira Loma.
With respect to the discontinued sites,
SCAQMD has requested approval from
the EPA to suspend monitoring at the
Burbank and Riverside (Magnolia) sites
until suitable replacement sites can be
located.6 SCAQMD is not planning to
replace the Ontario (Fire Station) site
but rather to consolidate measurements
from that site with nearby sites and thus
has requested approval from the EPA to
discontinue, rather than suspend,
monitoring at the Ontario (Fire Station)
site. The EPA has not taken action on
the requests due to insufficient
information, but is working with the
SCAQMD to provide the basis to resolve
the requests by including sufficient
information in SCAQMD’s upcoming
2016 Annual Air Quality Monitoring
Network Plan (due for submittal to the
EPA in July 2016). None of the three
discontinued sites (Burbank, Riverside
(Magnolia) and Ontario (Fire Station))
was ever the design value site in the
South Coast for PM2.5, and given that the
determination of attainment is based on
the concentrations measured at the
design value site, the fact that the EPA
has not yet approved the relocation or
closure of the three monitoring sites
does not preclude taking final action on
the attainment determination.
With respect to the two newlyestablished near-road PM2.5 monitoring
sites, the EPA has approved the sites
and has determined that, with the
5 See SCAQMD, Annual Air Quality Monitoring
Network Plan, July 2015, pages 16 and 17.
SCAQMD submitted the 2015 network plan to the
EPA on July 1, 2015. See letter from Rene M.
Bermudez, Principal Air Quality Instrument
Specialist, SCAQMD, to Meredith Kurpius, Ph.D.,
EPA Region IX, July 1, 2015.
6 Id., at appendix D, pages 1 and 2.
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addition of the near-road sites, the
SCAQMD network of PM2.5 monitoring
sites continues to meet the minimum
requirements of our monitoring
regulations even in the absence of the
three discontinued sites.7
With respect to the eligibility of data
from collocated monitors for
comparison with the NAAQS, our
regulations provide that monitoring
agencies must assess data from PM2.5
FEM monitors using certain
performance criteria where the data are
identified as not of sufficient
comparability to a collocated FRM, and
the monitoring agency requests that the
FEM data should not be used for
comparison to the NAAQS.8 As
described on page 73003 of the
proposed rule, the SCAQMD requested
that the 2011–2013 data from the
collocated PM2.5 FEM monitors at seven
monitoring sites in the PM2.5 monitoring
network be considered not eligible for
comparison to the NAAQS as part of its
2014 Annual Air Quality Monitoring
Network Plan. The EPA approved the
request by letter dated September 9,
2014. Similarly, as part of the 2015
Annual Air Quality Monitoring Network
Plan, the SCAQMD submitted an
ineligibility determination request for
data from collocated FEM monitors over
the 2012–2014 period, and on May 2,
2016, the EPA approved that request.9
Both determinations were made based
on assessments of the data showing that
bias in the FEM data (relative to
collocated FRM data) exceeded EPA’s
performance criteria for acceptable
slope and intercept as defined in 40 CFR
58.11(e).
In the South Coast, SCAQMD has
designated the PM2.5 FRM samplers as
the primary monitors where FRM and
FEM monitors are collocated at a given
site. Under our regulations, comparisons
with the PM2.5 NAAQS are made on a
site-level, not a monitor-level basis, and
the default dataset for a site is based on
the designated primary monitor’s
recorded concentrations.10 Collocated
monitors may be used to augment the
default dataset to fill in data gaps;
however, collocated monitor data are
ineligible for this purpose if the EPA has
approved a request from a district to
approve a determination that such data
7 See letter and enclosures from Gretchen
Busterud, Acting Deputy Director, Air Division,
EPA Region IX, to Matt Miyasato, Deputy Executive
Officer, Science and Technology Advancement,
SCAQMD, dated October 29, 2015.
8 40 CFR 58.11(e).
9 See letter from Meredith Kurpius, Manager, Air
Quality Analysis Office, Air Division, EPA Region
IX, to Jason Low, Ph.D., South Coast Air Quality
Management District, dated May 2, 2016.
10 40 CFR part 50, appendix N, section 3.0(d).
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are ineligible for NAAQS comparison
purposes. In this instance, the EPA has
approved such ineligibility requests for
collocated PM2.5 FEM monitoring data
for both the 2011–2013 and 2012–2014
periods.
With respect to the data, all four
quarters for 2014 and 2015 have now
been uploaded, and the SCAQMD has
certified that 2014 and 2015 data are
quality-assured.11 As part of the 2014
and 2015 data review process, we
reviewed raw data reports for SCAQMD
monitoring sites. With respect to 2014
data, we noted that significant portions
of the 2014 data had been flagged with
a number of Quality Assurance (QA)
qualifier flags. Specifically, portions of
the 2014 data in quarters one, two, three
and four were flagged with ‘‘QX’’ (does
not meet QC criteria) and portions of
data in quarter four were flagged with
‘‘1’’ (deviation from a CFR/critical
criteria requirement).12 An in-depth
review of the data revealed that the ‘‘1’’
and ‘‘QX’’ flags were associated with
deviations from the criteria in 40 CFR
part 50 appendix L, sections 8.3.6 and
8.3.5, respectively. Some of the QA
issues during 2014 stem from
arrangements made by SCAQMD in
anticipation of the agency’s temporary
closure of its weighing room to allow for
an upgrade to that facility and in
response to construction delays
associated with that project. The
SCAQMD’s weighing room reopened on
December 4, 2014, and the QA issues
affecting 2014 data did not affect data
collected in 2015.
The requirements in 40 CFR part 50,
appendix L, section 8.3.6 state that postsample conditioning and weighing shall
not exceed 30 days. This refers to the
amount of time between when the
sample is collected and when the
sample is post-weighed. This is
commonly referred to as the ‘‘postsample hold time requirement’’ and, per
EPA guidance (‘‘QA Handbook’’), is
considered a ‘‘critical criteria’’.13
Adherence to this requirement is
important because loss of mass is
possible with excessive post-sample
hold times, which would likely bias
data low.
As described in section 17.3.3 and
appendix D of the QA Handbook, for
PM2.5, critical criteria are the specific
requirements in 40 CFR 50 appendix L
and 40 CFR 58 appendix A that have
been deemed critical to maintaining the
integrity of a sample or group of
samples. The QA handbook further
explains that observations that do not
meet each and every criterion on the
Critical Criteria Table should be
invalidated unless there are compelling
reasons and justification for not doing
so. Since a portion of the 2014 data in
quarter four has not met a critical
criterion, as defined by the QA
Handbook, SCAQMD has invalidated
these data. Therefore these data will not
be considered as valid data for the
purposes of this action.14 Given the
extent of invalidated data, the dataset
for quarter four of 2014 is incomplete
from all of the monitoring sites,
resulting in an incomplete year for 2014.
Unlike the data for 2014, however, the
data collected during 2015 are complete
(or nearly complete) for all four quarters
from all monitors.15 For 2015, the basinwide high-site annual average and (98th
percentile) 24-hour-average PM2.5
concentrations are 14.5 mg/m3 and 43
mg/m3, respectively, based on complete
or nearly complete datasets for 2015.
During 2015, the high site for the annual
average was the near-road Ontario
(Route 60) site, and the high site for the
98th percentile 24-hour concentration
was the Mira Loma site. Because the
concentrations fall below the relevant
NAAQS (15.0 mg/m3, annual average
and 65 mg/m3, 24-hour average), they are
consistent with the 2011–2013 data
upon which the determination of
attainment is based.
Lastly, we find further support for the
conclusion that the South Coast has
attained the 1997 PM2.5 standard in a
review of the long-term trends in PM2.5
concentrations in the South Coast as
summarized below in Table 1.
TABLE 1—SOUTH COAST BASIN-WIDE HIGH ANNUAL AND 24-HOUR PM2.5 CONCENTRATIONS, 2001–2015
Annual
average
(μg/m3) a
Year
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2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
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11 For the letter of certification of 2014 data, see
the letter from Matt M. Miyasato, Ph.D., Deputy
Executive Officer, Science and Technology
Advancement, SCAQMD, to Jared Blumenfeld,
Regional Administrator, EPA Region IX, dated May
1, 2015. For the letter of certification of 2015 data,
see the letter from Laki Tisopulos, Ph.D., P.E.,
Assistant Deputy Executive Officer, Science and
Technology Advancement, SCAQMD, to Deborah
Jordan, Air Division Director, EPA Region IX, April
29, 2016.
12 See 2014 Raw Data Report (AMP 350, April 14,
2016, SouthCoast_PM2.5_RawDataReport_2014.pdf).
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13 See EPA’s Quality Assurance Handbook for Air
Pollution Measurement Systems, Volume II, May,
2013 (EPA–454/B–13–003).
14 On May 5, 2016, SCAQMD replaced the data
code ‘‘1’’ with the null data code ‘‘AR’’ (lab error)
for post-sample hold time requirement
noncompliant data and therefore removed the data
from the regulatory data record. See 2014 Raw Data
Report (AMP 350), May 5, 2016. SouthCoast_PM2.5_
RawDataReport_PostSample_Removed.pdf.
15 The data from all quarters of 2015 from all of
the monitoring sites are complete (i.e., 75 percent
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98th Percentile
24-hour
average
(μg/m3) b
31.0
27.5
24.8
22.1
20.9
20.8
20.9
18.3
17.2
15.2
15.3
15.1
14.1
........................
74
66
77
72
58
54
71
47
43
36
37
36
38
........................
or greater sampling days with valid data) except for:
(1) Quarter one at the Long Beach—Route 710 nearroad monitor (AQS ID #06–037–4008) during which
74 percent of sampling days have valid data; and
(2) quarter four at the Anaheim monitor (AQS ID
# 06–059–0007) during which 43 percent of
sampling days have valid data. The Long Beach—
Route 710 near-road monitor began operating in
2015. The Anaheim monitor has been operating for
many years but has never been the design value site
within the South Coast.
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48353
TABLE 1—SOUTH COAST BASIN-WIDE HIGH ANNUAL AND 24-HOUR PM2.5 CONCENTRATIONS, 2001–2015—Continued
Annual
average
(μg/m3) a
Year
2015 .........................................................................................................................................................................
14.5
98th Percentile
24-hour
average
(μg/m3) b
43
a Basin-wide
high annual-average concentration is from the Rubidoux site for 2001–2005, the Mira Loma site from 2006–2013, and the Ontario
(Route 60) site for 2015. Bold values represent exceedances of the applicable 1997 standard.
b Basin-wide high 98th percentile 24-hour average concentration is from the Rubidoux site for 2001–2003, 2005, and 2006; the San Bernardino
site for 2004 and 2007; the Mira Loma site for 2008, 2010, 2011, 2013, and 2015; the Azusa site for 2009; and the Fontana site for 2012. Bold
values represent exceedances of the applicable 1997 standard.
Source: AQS Design Value Reports, dated October 6, 2014, October 7, 2014, and May 5, 2016.
As shown in Table 1, basin-wide
high-site PM2.5 concentrations in the
South Coast declined rapidly from 2001
to 2009. In more recent years, the
decline has been more gradual and has
even started to level out; however, the
level reached in recent years are below
the 1997 PM2.5 NAAQS of (less than or
equal to) 15.0 mg/m3 (annual average)
and 65 mg/m3 (98th percentile 24-hour
average). We have concluded that South
Coast attained the 1997 PM2.5 standard
by the end of 2013, and this conclusion
is supported by the data collected
during 2015 and the long-term trend
data of PM2.5 concentrations in the
South Coast that show signs of leveling
out at a level consistent with attainment
of that standard.
III. Public Comments and the EPA’s
Responses
The EPA’s proposed rule provided a
30-day public comment period. Upon
request, we extended the comment
period 14 days, from January 8th to
January 22nd, 2015.16 We received one
set of comments on our proposed rule,
a letter from Earthjustice on behalf of a
group that Earthjustice refers to
collectively as ‘‘Health Advocates’’.17
We summarize the comments from
Health Advocates and respond to them
below.
Comment #1: Health Advocates assert
that 2014 monitoring data demonstrate
16 See
80 FR 449 (January 6, 2015).
letter, Elizabeth Forsyth, Earthjustice, and
Maya Golden-Krasner, Communities for a Better
Environment, to Wienke Tax, EPA Region IX, dated
January 22, 2015. Earthjustice submitted the
comments on our proposed rule on behalf of
Communities for a Better Environment, Sierra Club,
Center for Biological Diversity, WildEarth
Guardians, Medical Advocates for Healthy Air, and
Physicians for Social Responsibility—Los Angeles.
Earthjustice’s letter included four attachments: (1)
EPA’s technical support document and response to
comments document for action on the 2007 South
Coast Air Quality Management Plan; (2) comments
on the 2011 Air Monitoring Network Plan for the
South Coast Air Quality Management District; (3) a
draft report prepared by Greg Gould, ‘‘Near
Roadway Emissions: Measures, Exposure, and
Monitoring;’’ and a report prepared by E.H. Pechan
& Associations, Inc., ‘‘Estimating Contributions of
On-Road Emissions to Near Highway PM2.5
Concentrations.’’
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17 See
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South Coast is not currently attaining
the 1997 PM2.5 standards. We disagree.
First, CARB’s AQMIS combines
preliminary (real-time) data with official
(historical) data. By their nature,
preliminary data are subject to change
and may be subject to adjustment,
substitution or exclusion under
applicable monitoring regulations. In
this instance, the annual average PM2.5
concentrations cited by Health
Advocates at four of the monitoring sites
(Central Los Angeles, Rubidoux, Mira
Loma and Burbank) reflect data
collected by continuous PM2.5 FEM
monitors for which the SCAQMD has
requested an ineligibility determination
(i.e., for comparison to the NAAQS),
and because the EPA has approved the
2014 Annual
SCAQMD’s request, the continuous
Monitoring site
mean
PM2.5 FEM data are excluded from
3)
(μg/m
NAAQS attainment determinations.
With respect to the annual average PM2.5
Central Los Angeles—Los
Angeles (Main Street) .......
18.8 concentrations cited by Health
Advocates at the two other monitoring
Metropolitan Riverside County—Rubidoux .....................
15.6 sites (Riverside (Magnolia) and Upland),
Riverside—Magnolia .............
16.3 the data reflect non-FEM methods and
Mira Loma—Mira Loma (Van
are therefore not eligible for comparison
Buren) ...............................
19.2 with the PM NAAQS.18
2.5
Burbank—W Palm Ave .........
19.8
Second, as discussed in detail in
San Bernardino—Upland ......
17.9
section II of this document, a review of
the only complete, quality-assured data
Lastly, Health Advocates assert that,
in light of 2014 data showing violations available after the 2011–2013 period,
that is, the 2015 PM2.5 ambient data
of the 1997 PM2.5 standard, the EPA
collected in the South Coast, supports
must reclassify the South Coast as a
EPA’s determination that the area is
‘‘Serious’’ nonattainment area under
attaining the NAAQS. As a result, our
CAA section 188(b)(2) and require the
South Coast to prepare a ‘‘Serious’’ area suspension of attainment-related SIP
submittal requirements is appropriate,
plan.
and reclassification of the area to
Response to Comment #1: We note
‘‘Serious’’ for the 1997 PM2.5 standards
that Health Advocates do not challenge
our evaluation of South Coast PM2.5 data is not warranted.
Lastly, with respect to reclassification
for 2011–2013, our proposed
of the South Coast to Serious, we note
determination that the design values in
that the EPA has reclassified the South
the South Coast for that period are less
Coast from Moderate to Serious for the
than the 1997 PM2.5 standards or our
more stringent 2006 (24-hour) PM2.5
proposed suspension of any remaining
NAAQS. See 81 FR 1514 (January 13,
SIP submittal requirements for the 1997
2016). As a result of that action,
PM2.5 standards. Rather, Health
California is required to submit, by
Advocates assert that data for 2014
August 14, 2017, additional SIP
made available since publication of our
proposed rule precludes our final
18 Under 40 CFR 50.7(a)(1), the 1997 PM
2.5
determination of attainment because the NAAQS are defined in terms of ambient air
2014 data purportedly shows that the
measurements made by FRMs or FEMs.
that the South Coast is not attaining the
1997 PM2.5 standards, and because the
South Coast is not attaining the
standard, suspension of attainmentrelated SIP submittal requirements, as
proposed by the EPA, is inappropriate.
In support of their assertion, Health
Advocates present annual average PM2.5
data for six monitoring sites in the
South Coast for year 2014 downloaded
from the California Air Resources
Board’s (CARB’s) Air Quality and
Meteorological Information System
(AQMIS) Web site (https://
www.arb.ca.gov/aqmis2/aqmis2.php).
Specifically, Health Advocates present
the following data downloaded from
AQMIS:
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revisions to satisfy the statutory
requirements that apply to Serious PM2.5
nonattainment areas, including the
requirements of subpart 4 of part D, title
I of the Act. The Serious area plan must
provide for attainment of the 2006 PM2.5
NAAQS in the South Coast as
expeditiously as practicable, but no later
than December 31, 2019, in accordance
with the requirements of part D of title
I of the Act.
Moreover, notwithstanding the
suspension of attainment-related SIP
requirements related to the 1997 PM2.5
NAAQS arising from today’s action,
California must continue to develop
such plans not just for the more
stringent 2006 (24-hour) PM2.5 NAAQS
cited above, but also for the more
stringent 2012 (annual average) PM2.5
NAAQS for which the South Coast has
been classified as Moderate
nonattainment effective April 15, 2015.
See 80 FR 2206 (January 15, 2015). The
new South Coast plan addressing
Moderate area requirements for the 2012
PM2.5 NAAQS is due no later than
October 15, 2016. See CAA section
189(a)(2)(B).
Comment #2: Health Advocates
contend that the EPA cannot make a
clean data determination for the 1997
PM2.5 standards in the South Coast
because the data the EPA considered for
its proposed determination exclude data
from near-roadway monitors. In support
of their contention, Health Advocates
cite CAA section 107(a), which requires
states to assure air quality within the
entire geographic area and note that
Congress did not exempt areas near
highways, where evidence cited by the
commenters indicates much higher
levels of PM2.5 within 300 meters of the
highway. Thus, they assert that the
inclusion of near-roadway monitoring
data is necessary to protect the people
who live, work and go to school within
300 meters of a highway in the South
Coast and cite changes in the EPA’s
monitoring regulations that require
near-roadway monitoring in certain
urban areas.
Health Advocates also cite a case
pending in the Ninth Circuit Court of
Appeals in which community and
environmental groups are challenging
the EPA’s approval of the attainment
demonstration for the 1997 PM2.5
standards in the South Coast, in part, on
the grounds that the attainment
demonstration does not address the
near-highway environment. Health
Advocates contend that the EPA should
not make a clean data determination
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before the court has ruled on this
issue.19
Response to Comment #2: CAA
section 107(a) provides that each state
shall have the primary responsibility for
assuring air quality within the entire
geographic area comprising such state
by submitting a SIP that will specify the
manner in which the NAAQS will be
achieved and maintained in such state.
CAA section 107(a) does not specify
how the EPA must determine whether
an area within a state has attained the
NAAQS. Such determinations are
governed by the applicable sections of
40 CFR parts 50, 53 and 58, and in the
proposed rule at page 73001, the EPA
identifies the specific regulations
governing our proposed determination
of attainment for the South Coast for the
1997 PM2.5 standards.
Health Advocates cite changes made
by the EPA to the Agency’s monitoring
regulations to require states to establish
near-road PM2.5 monitors in certain
urban areas as support for their
assertion that the EPA’s proposed
determination of attainment for the
South Coast in essence denies
thousands of people who live near
highways from the protections of the
Clean Air Act. We agree that the EPA’s
monitoring regulations have been
revised to require near-road PM2.5
monitoring in Core-Based Statistical
Areas (CBSAs) having one million or
greater persons. See 40 CFR part 58,
appendix D, section 4.7.1(b), as added
by the EPA’s final action published at
78 FR 3086, at 3282 (January 15, 2013).
The South Coast encompasses two
such areas, the Los Angeles-Long BeachAnaheim, CA CBSA and the RiversideSan Bernardino, CA CBSA. Given that
both CBSAs exceed 2.5 million people,
the first PM2.5 monitors specifically
located to measure the near-road
environment were required to be
operational as of January 1, 2015. In
response to the revised monitoring
requirements, beginning January 1,
2015, the SCAQMD began monitoring
ambient PM2.5 concentrations at two
near-road sites: the Long Beach Route
710 site (AQS ID 06–037–4008) is
located near Route 710 in Long Beach,
and the Ontario Route 60 Near-Road site
(06–071–0027) is located near Route 60
in Ontario. We now have one year’s
worth of data from the two near-road
PM2.5 monitors.20 At the Long Beach
Route 710 site, the annual average PM2.5
concentration was 12.9 m/m3 during
19 The case cited is Physicians for Social
Responsibility—Los Angeles v. EPA, 9th Cir., No.
12–70079.
20 See AQS Design Value Report, dated May 5,
2016.
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2015, and the 98th percentile 24-hour
PM2.5 concentration was 36 m/m3. At the
Ontario Route 60 site, the corresponding
concentrations were 14.5 m/m3 and 40 m/
m3, respectively. In summary, the
ambient concentrations were less than
the corresponding 1997 PM2.5 NAAQS
and are consistent with continued
attainment of the 1997 PM2.5 NAAQS in
the South Coast.
Also, as noted in our proposed rule,
the EPA’s evaluation of whether the
South Coast PM2.5 nonattainment area
has attained the 1997 annual and 24hour PM2.5 NAAQS is based in part on
our review of the adequacy of the PM2.5
monitoring network in the
nonattainment area and the reliability of
the data collected by the network.
During the relevant time period in
which the data that we relied upon for
the proposed determination of
attainment were collected (i.e., 2011–
2013), the PM2.5 monitoring network in
the South Coast was not required to
include near-road PM2.5 monitors.
Therefore, the lack of a near-road PM2.5
monitor during the 2011–2013 period
does not undermine our determination
of attainment of the standard based on
the data collected during those years.
Moreover, as noted above, the near-road
ambient PM2.5 data that are now
available are consistent with continued
attainment of the 1997 PM2.5 NAAQS in
the South Coast.
Lastly, Health Advocates are correct
that a lawsuit was filed in the Ninth
Circuit Court of Appeals, in which nearroad PM2.5 concentrations were at issue.
See Physicians for Social
Responsibility—Los Angeles v. EPA,
Ninth Circuit, No. 12–70079. However,
the action that is challenged in that case
is the EPA’s approval of the attainment
demonstration for the 1997 PM2.5
standards in the South Coast that relies
on modeling results to predict future
ambient concentrations. Today’s action
does not rely on future modeled
concentrations but rather on past
monitored concentrations collected by a
monitoring network that, as explained
above, is adequate and consistent with
the EPA’s monitoring requirements for
the relevant period.
In any event, on June 9, 2015, the
court issued a memorandum denying
the petition for review in the Physicians
for Social Responsibility case. As
relevant here, the court held that the
South Coast PM2.5 plan does not
impermissibly ignore pollution in the
near-highway areas because the
monitoring guidelines explicitly specify
that states generally need not monitor
‘‘microscale’’ or ‘‘middle scale’’ areas,
which include ‘‘traffic corridors’’ and
areas ‘‘along traffic corridors.’’ See
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Physicians for Social Responsibility—
Los Angeles v. EPA, No. 12–70079,
memorandum opinion at 3 (9th Cir.,
June 9, 2015). Thus, the case presents no
reason to delay final action on the
determination of attainment for the
South Coast for the 1997 PM2.5
standards.
IV. Final Action
For the reasons stated above, the EPA
is taking final action to determine that
the South Coast nonattainment area in
California has attained the 1997 annual
and 24-hour PM2.5 NAAQS based on
complete (or otherwise validated),
quality-assured and certified data in
AQS for 2011–2013. We also find that
the most recent quality-assured and
certified data in AQS show that this area
continues to attain the standards.
In conjunction with and based upon
our final determination that the South
Coast has attained and is currently
attaining the standard, the EPA is taking
final action to determine that the
obligation to submit any remaining
attainment-related SIP revisions arising
from classification of the South Coast as
a Moderate nonattainment area under
subpart 4 of part D (of title I of the Act)
for the 1997 PM2.5 NAAQS is not
applicable for so long as the area
continues to attain the 1997 PM2.5
NAAQS. These attainment-related
requirements include, but are not
limited to, the part D, subpart 4
obligations to provide an attainment
demonstration pursuant to section
189(a)(1)(B), the RACM provisions of
section 189(a)(1)(C) and the RFP
provisions of section 189(c).
Today’s final action does not
constitute a redesignation of the South
Coast nonattainment area to attainment
for the 1997 annual and 24-hour PM2.5
NAAQS under CAA section 107(d)(3)
because we have not yet approved a
maintenance plan for the South Coast as
meeting the requirements of section
175A of the CAA or determined that the
area has met the other CAA
requirements for redesignation. The
classification and designation status in
40 CFR part 81 remains Moderate
nonattainment for this area until such
time as the EPA determines that
California has met the CAA
requirements for redesignating the
South Coast nonattainment area to
attainment.
If the South Coast nonattainment area
continues to monitor attainment of the
1997 PM2.5 NAAQS, the requirements
for the area to submit an attainment
demonstration and associated RACM, an
RFP plan, contingency measures and
any other planning requirements related
to attainment of the 1997 PM2.5 NAAQS
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will remain suspended. If, after today’s
action, the EPA subsequently
determines, after notice-and-comment
rulemaking in the Federal Register, that
the area has violated the 1997 PM2.5
NAAQS, the basis for the suspension of
the attainment planning requirements
for the area would no longer exist, and
the area would thereafter have to
address such requirements.
V. Statutory and Executive Order
Reviews
This final action makes a
determination of attainment based on
air quality and suspends certain federal
requirements, and thus, this action
would not impose additional
requirements beyond those imposed by
state law. For this reason, the final
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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 CAA; 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, this final action does not
have tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP
obligations discussed herein do not
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48355
apply to Indian Tribes, and thus this
action will not impose substantial direct
costs on tribal governments or preempt
tribal law.
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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 23, 2016. 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, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 8, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.247 is amended by
adding paragraph (g) to read as follows:
■
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§ 52.247 Control strategy and regulations:
Fine Particle Matter.
*
*
*
*
*
(g) Determination of Attainment:
Effective August 24, 2016, the EPA has
determined that, based on 2011 to 2013
ambient air quality data, the South
Coast PM2.5 nonattainment area has
attained the 1997 annual and 24-hour
PM2.5 NAAQS. This determination
suspends the requirements for this area
to submit an attainment demonstration,
associated reasonably available control
measures, a reasonable further progress
plan, contingency measures and other
planning SIPs related to attainment for
as long as this area continues to attain
the 1997 annual and 24-hour PM2.5
NAAQS. If the EPA determines, after
notice-and-comment rulemaking, that
this area no longer meets the 1997 PM2.5
NAAQS, the corresponding
determination of attainment for the area
shall be withdrawn.
[FR Doc. 2016–17410 Filed 7–22–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2011–0817; FRL–9949–46–
OAR]
RIN 2060–AS98
National Emission Standards for
Hazardous Air Pollutants for the
Portland Cement Manufacturing
Industry
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to amend the National Emission
Standards for Hazardous Air Pollutants
for the Portland Cement Manufacturing
Industry. This direct final rule provides,
for a period of 1 year, an additional
compliance alternative for sources that
would otherwise be required to use an
HCl CEMS to demonstrate compliance
with the HCl emissions limit. This
compliance alternative is needed due to
the current unavailability of a
calibration gas used for quality
assurance purposes. This direct final
rule also restores regulatory text
requiring the reporting of clinker
production and kiln feed rates that was
deleted inadvertently.
DATES: This rule is effective on
September 8, 2016 without further
notice, unless the EPA receives
significant adverse comment by August
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SUMMARY:
VerDate Sep<11>2014
17:30 Jul 22, 2016
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24, 2016. If the EPA receives significant
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2011–0817, to the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or withdrawn. 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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ms.
Sharon Nizich, Sector Policies and
Programs Division (D243–02), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina,
27711; telephone number: (919) 541–
2825; fax number: (919) 541–5450; and
email address: nizich.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
information in this preamble is
organized as follows:
I. General Information
A. Why is the EPA using a direct final rule?
B. Does this direct final rule apply to me?
C. What should I consider as I prepare my
comments for the EPA?
II. What are the amendments made by this
direct final rule?
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
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G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
I. General Information
A. Why is the EPA using a direct final
rule?
The EPA is publishing this direct final
rule without a prior proposed rule
because we view this as a
noncontroversial action and do not
anticipate significant adverse comment.
However, in the ‘‘Proposed Rules’’
section of this Federal Register, we are
publishing a separate document that
will serve as the proposed rule to amend
the National Emission Standards for
Hazardous Air Pollutants for the
Portland Cement Manufacturing
Industry, if EPA receives significant
adverse comments on this direct final
rule. We will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If the EPA receives significant adverse
comment on all or a distinct portion of
this direct final rule, we will publish a
timely withdrawal in the Federal
Register informing the public that some
or all of this direct final rule will not
take effect. We would address all public
comments in any subsequent final rule
based on the proposed rule.
B. Does this direct final rule apply to
me?
Categories and entities potentially
regulated by this direct final rule
include:
Category
NAICS Code 1
Portland cement manufacturing facilities ...................
327310
1 North
American
Industry
Classification
System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this direct final rule. To
determine whether your facility is
affected, you should examine the
applicability criteria in 40 CFR 63.1340.
If you have questions regarding the
applicability of any aspect of this action
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]]>Agencies
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48350-48356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17410]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0708; FRL-9949-47-Region 9]
Clean Data Determination for 1997 PM2.5 Standards;
California--South Coast; Applicability of Clean Air Act Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to determine that the South Coast air quality planning area in
California has attained the 1997 annual and 24-hour fine particle
(PM2.5) National Ambient Air Quality Standards. This
determination is based upon complete (or otherwise validated), quality-
assured and certified ambient air monitoring data showing that the area
has monitored attainment of the 1997 annual and 24-hour
PM2.5 NAAQS based on the 2011-2013 monitoring period, and
that all complete data available since that time period indicate that
the area continues to attain. Based on the above determination, the
requirements for this area to submit certain state implementation plan
(SIP) revisions related to attainment shall be suspended for so long as
the area continues to attain the 1997 annual and 24-hour
PM2.5 standards.
DATES: This rule is effective on August 24, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2014-0708. All documents in the docket are
listed on the https://www.regulations.gov Web site. 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 materials, 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: Wienke Tax, (415) 947-4192, or by
email at tax.wienke@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean the EPA.
Table of Contents
I. Summary of Proposed Action
II. Evaluation of 2014 and 2015 Data
III. Public Comments and the EPA's Responses
IV. Final Action
V. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On December 9, 2014 (79 FR 72999), the EPA proposed to determine
that the Los Angeles-South Coast Air Basin (``South Coast'')
nonattainment area had attained the 1997 annual and 24-hour national
ambient air quality standards (NAAQS or ``standards'') for fine
particles (generally referring to particles less than or equal to 2.5
micrometers in diameter, PM2.5)(``1997 PM2.5
NAAQS'').\1\ Herein, we refer to our December 9, 2014 proposed rule as
the ``proposed rule.''
---------------------------------------------------------------------------
\1\ The South Coast includes Orange County, the southwestern
two-thirds of Los Angeles County, southwestern San Bernardino
County, and western Riverside County (see 40 CFR 81.305).
---------------------------------------------------------------------------
In our proposed rule, we explained that in making an attainment
determination, the EPA generally relies on complete, quality-assured
and certified data gathered at State and Local Air Monitoring Stations
(SLAMS) and entered into the EPA's Air Quality System (AQS)
database.\2\ Under 40 CFR 50.7 (``National primary and secondary
ambient air quality standards for PM2.5'') and appendix N to
40 CFR part 50 (``Interpretation of the National Ambient Air Quality
Standards for PM2.5''), the 1997 annual and 24-hour
PM2.5 NAAQS is met when each monitoring site in the area has
a design value at or below the standard.\3\ \4\
---------------------------------------------------------------------------
\2\ AQS is EPA's repository for ambient air quality data. Data
completeness requirements for a given year are met when at least 75
percent of the scheduled sampling days for each quarter have valid
data.
\3\ The annual PM2.5 standard design value is the 3-
year average of annual mean concentration, and the 1997 annual
PM2.5 NAAQS is met when the annual standard design value
at each eligible monitoring site is less than or equal to 15.0
[micro]g/m\3\. In 2012, we established a more stringent annual
PM2.5 NAAQS of 12.0 [micro]g/m\3\, 78 FR 3086 (January
15, 2013) (``2012 PM2.5 NAAQS''), but the 1997 annual
PM2.5 NAAQS remains in effect.
\4\ The 24-hour PM2.5 standard design value is the 3-
year average of annual 98th percentile 24-hour average values
recorded at each eligible monitoring site, and the 1997 24-hour
PM2.5 NAAQS is met when the 24-hour standard design value
at each monitoring site is less than or equal to 65 [micro]g/m\3\.
In 2006, we established a more stringent 24-hour PM2.5
NAAQS of 35 [micro]g/m\3\, 71 FR 61144 (October 17, 2006) (``2006
PM2.5 NAAQS''), but the 1997 24-hour PM2.5
NAAQS remains in effect.
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The EPA proposed the determination of attainment for the South
Coast area based upon a review of the monitoring network operated by
the South Coast Air Quality Management District (SCAQMD) and the data
collected at the monitoring sites operating during the most recent
three-year period from which data was available at the time of the
proposed rule (i.e., 2011 to 2013). Based on this review, the EPA found
that complete (or otherwise validated), quality-assured and certified
data for the South Coast showed that the annual and 24-hour design
values for the 2011-2013 period were equal to or less than 15
micrograms per cubic meter ([micro]/m\3\) and 65 [micro]/m\3\,
respectively, at all monitoring sites and that, therefore, the South
Coast had attained the 1997 PM2.5 NAAQS. See the data
summary tables on pages 73003 and 73004 of our proposed rule.
In conjunction with and based upon our proposed determination that
the South Coast had attained the standard,
[[Page 48351]]
the EPA also proposed to determine that the obligation under the Clean
Air Act (CAA or ``Act'') to submit any remaining attainment-related SIP
revisions arising from classification of the South Coast as a Moderate
nonattainment area under subpart 4 of part D (of title I of the Act)
for the 1997 PM2.5 NAAQS was not applicable for so long as
the area continues to attain the 1997 PM2.5 NAAQS. These
attainment-related requirements include, but are not limited to, the
part D, subpart 4 obligations to provide an attainment demonstration
pursuant to section 189(a)(1)(B), the reasonably available control
measures (RACM) provisions of section 189(a)(1)(C) and the reasonable
further progress (RFP) provisions of section 189(c). In so doing, we
proposed to apply the EPA's Clean Data Policy to the 1997
PM2.5 NAAQS to suspend the attainment-related SIP submittal
obligations under subpart 4 of part D (of title I of the CAA), since
the South Coast nonattainment area is considered a ``Moderate''
nonattainment area under subpart 4. See page 73005 of our proposed
rule. In proposing to apply the Clean Data Policy to the 1997
PM2.5 NAAQS, we explained that we are applying the same
statutory interpretation with respect to the implications of clean data
determinations that the Agency has long applied in regulations for the
1997 8-hour ozone and PM2.5 NAAQS and in individual
rulemakings for the 1-hour ozone, coarse particle (PM10) and
lead NAAQS.
Please see the proposed rule for more detailed information
concerning the PM2.5 NAAQS, designations of PM2.5
nonattainment areas, the regulatory basis for determining attainment of
the NAAQS, the SCAQMD's PM2.5 monitoring network, the EPA's
review and evaluation of the data and the rationale and implications
for application of the Clean Data Policy to the 1997 PM2.5
NAAQS.
II. Evaluation of 2014 and 2015 Data
We noted in our proposed rule that, at that time, AQS included no
PM2.5 data for year 2014 for the South Coast, but that
several quarters of preliminary data were expected to be uploaded to
AQS prior to the EPA's final action. See page 73003 of the proposed
rule. We also indicated that we would review the preliminary 2014 data
prior to taking final action to ensure that 2014 data are consistent
with the determination of attainment. In the paragraphs that follow,
before we discuss the data for 2014 and 2015, we discuss changes to the
SCAQMD PM2.5 ambient monitoring network and the EPA's
determination regarding eligibility of data from certain collocated
monitors for comparison to the NAAQS.
At the time of our proposed rule, the PM2.5 monitoring
network in the South Coast consisted of 18 SLAMS. Monitoring networks
frequently change over time in response to changing circumstances,
requirements and needs. Since our proposed rule, the SCAQMD has
discontinued monitoring at three sites (Burbank, Riverside (Magnolia)
and Ontario (Fire Station)) and has established near-road
PM2.5 monitoring sites along Route 710 in Long Beach and
along Route 60 in Ontario.\5\ During at least portions of 2014 and
2015, SCAQMD operated collocated filter-based Federal Reference Method
(FRM) and Federal Equivalent Method (FEM) Beta Attenuation Method (BAM)
samplers at seven sites: Anaheim, Burbank, Central Los Angeles, North
Long Beach, South Long Beach, Rubidoux and Mira Loma.
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\5\ See SCAQMD, Annual Air Quality Monitoring Network Plan, July
2015, pages 16 and 17. SCAQMD submitted the 2015 network plan to the
EPA on July 1, 2015. See letter from Rene M. Bermudez, Principal Air
Quality Instrument Specialist, SCAQMD, to Meredith Kurpius, Ph.D.,
EPA Region IX, July 1, 2015.
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With respect to the discontinued sites, SCAQMD has requested
approval from the EPA to suspend monitoring at the Burbank and
Riverside (Magnolia) sites until suitable replacement sites can be
located.\6\ SCAQMD is not planning to replace the Ontario (Fire
Station) site but rather to consolidate measurements from that site
with nearby sites and thus has requested approval from the EPA to
discontinue, rather than suspend, monitoring at the Ontario (Fire
Station) site. The EPA has not taken action on the requests due to
insufficient information, but is working with the SCAQMD to provide the
basis to resolve the requests by including sufficient information in
SCAQMD's upcoming 2016 Annual Air Quality Monitoring Network Plan (due
for submittal to the EPA in July 2016). None of the three discontinued
sites (Burbank, Riverside (Magnolia) and Ontario (Fire Station)) was
ever the design value site in the South Coast for PM2.5, and
given that the determination of attainment is based on the
concentrations measured at the design value site, the fact that the EPA
has not yet approved the relocation or closure of the three monitoring
sites does not preclude taking final action on the attainment
determination.
---------------------------------------------------------------------------
\6\ Id., at appendix D, pages 1 and 2.
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With respect to the two newly-established near-road
PM2.5 monitoring sites, the EPA has approved the sites and
has determined that, with the addition of the near-road sites, the
SCAQMD network of PM2.5 monitoring sites continues to meet
the minimum requirements of our monitoring regulations even in the
absence of the three discontinued sites.\7\
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\7\ See letter and enclosures from Gretchen Busterud, Acting
Deputy Director, Air Division, EPA Region IX, to Matt Miyasato,
Deputy Executive Officer, Science and Technology Advancement,
SCAQMD, dated October 29, 2015.
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With respect to the eligibility of data from collocated monitors
for comparison with the NAAQS, our regulations provide that monitoring
agencies must assess data from PM2.5 FEM monitors using
certain performance criteria where the data are identified as not of
sufficient comparability to a collocated FRM, and the monitoring agency
requests that the FEM data should not be used for comparison to the
NAAQS.\8\ As described on page 73003 of the proposed rule, the SCAQMD
requested that the 2011-2013 data from the collocated PM2.5
FEM monitors at seven monitoring sites in the PM2.5
monitoring network be considered not eligible for comparison to the
NAAQS as part of its 2014 Annual Air Quality Monitoring Network Plan.
The EPA approved the request by letter dated September 9, 2014.
Similarly, as part of the 2015 Annual Air Quality Monitoring Network
Plan, the SCAQMD submitted an ineligibility determination request for
data from collocated FEM monitors over the 2012-2014 period, and on May
2, 2016, the EPA approved that request.\9\ Both determinations were
made based on assessments of the data showing that bias in the FEM data
(relative to collocated FRM data) exceeded EPA's performance criteria
for acceptable slope and intercept as defined in 40 CFR 58.11(e).
---------------------------------------------------------------------------
\8\ 40 CFR 58.11(e).
\9\ See letter from Meredith Kurpius, Manager, Air Quality
Analysis Office, Air Division, EPA Region IX, to Jason Low, Ph.D.,
South Coast Air Quality Management District, dated May 2, 2016.
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In the South Coast, SCAQMD has designated the PM2.5 FRM
samplers as the primary monitors where FRM and FEM monitors are
collocated at a given site. Under our regulations, comparisons with the
PM2.5 NAAQS are made on a site-level, not a monitor-level
basis, and the default dataset for a site is based on the designated
primary monitor's recorded concentrations.\10\ Collocated monitors may
be used to augment the default dataset to fill in data gaps; however,
collocated monitor data are ineligible for this purpose if the EPA has
approved a request from a district to approve a determination that such
data
[[Page 48352]]
are ineligible for NAAQS comparison purposes. In this instance, the EPA
has approved such ineligibility requests for collocated
PM2.5 FEM monitoring data for both the 2011-2013 and 2012-
2014 periods.
---------------------------------------------------------------------------
\10\ 40 CFR part 50, appendix N, section 3.0(d).
---------------------------------------------------------------------------
With respect to the data, all four quarters for 2014 and 2015 have
now been uploaded, and the SCAQMD has certified that 2014 and 2015 data
are quality-assured.\11\ As part of the 2014 and 2015 data review
process, we reviewed raw data reports for SCAQMD monitoring sites. With
respect to 2014 data, we noted that significant portions of the 2014
data had been flagged with a number of Quality Assurance (QA) qualifier
flags. Specifically, portions of the 2014 data in quarters one, two,
three and four were flagged with ``QX'' (does not meet QC criteria) and
portions of data in quarter four were flagged with ``1'' (deviation
from a CFR/critical criteria requirement).\12\ An in-depth review of
the data revealed that the ``1'' and ``QX'' flags were associated with
deviations from the criteria in 40 CFR part 50 appendix L, sections
8.3.6 and 8.3.5, respectively. Some of the QA issues during 2014 stem
from arrangements made by SCAQMD in anticipation of the agency's
temporary closure of its weighing room to allow for an upgrade to that
facility and in response to construction delays associated with that
project. The SCAQMD's weighing room reopened on December 4, 2014, and
the QA issues affecting 2014 data did not affect data collected in
2015.
---------------------------------------------------------------------------
\11\ For the letter of certification of 2014 data, see the
letter from Matt M. Miyasato, Ph.D., Deputy Executive Officer,
Science and Technology Advancement, SCAQMD, to Jared Blumenfeld,
Regional Administrator, EPA Region IX, dated May 1, 2015. For the
letter of certification of 2015 data, see the letter from Laki
Tisopulos, Ph.D., P.E., Assistant Deputy Executive Officer, Science
and Technology Advancement, SCAQMD, to Deborah Jordan, Air Division
Director, EPA Region IX, April 29, 2016.
\12\ See 2014 Raw Data Report (AMP 350, April 14, 2016,
SouthCoast_PM2.5_RawDataReport_2014.pdf).
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The requirements in 40 CFR part 50, appendix L, section 8.3.6 state
that post-sample conditioning and weighing shall not exceed 30 days.
This refers to the amount of time between when the sample is collected
and when the sample is post-weighed. This is commonly referred to as
the ``post-sample hold time requirement'' and, per EPA guidance (``QA
Handbook''), is considered a ``critical criteria''.\13\ Adherence to
this requirement is important because loss of mass is possible with
excessive post-sample hold times, which would likely bias data low.
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\13\ See EPA's Quality Assurance Handbook for Air Pollution
Measurement Systems, Volume II, May, 2013 (EPA-454/B-13-003).
---------------------------------------------------------------------------
As described in section 17.3.3 and appendix D of the QA Handbook,
for PM2.5, critical criteria are the specific requirements
in 40 CFR 50 appendix L and 40 CFR 58 appendix A that have been deemed
critical to maintaining the integrity of a sample or group of samples.
The QA handbook further explains that observations that do not meet
each and every criterion on the Critical Criteria Table should be
invalidated unless there are compelling reasons and justification for
not doing so. Since a portion of the 2014 data in quarter four has not
met a critical criterion, as defined by the QA Handbook, SCAQMD has
invalidated these data. Therefore these data will not be considered as
valid data for the purposes of this action.\14\ Given the extent of
invalidated data, the dataset for quarter four of 2014 is incomplete
from all of the monitoring sites, resulting in an incomplete year for
2014.
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\14\ On May 5, 2016, SCAQMD replaced the data code ``1'' with
the null data code ``AR'' (lab error) for post-sample hold time
requirement noncompliant data and therefore removed the data from
the regulatory data record. See 2014 Raw Data Report (AMP 350), May
5, 2016.
SouthCoast_PM2.5_RawDataReport_PostSample_Removed.pdf.
---------------------------------------------------------------------------
Unlike the data for 2014, however, the data collected during 2015
are complete (or nearly complete) for all four quarters from all
monitors.\15\ For 2015, the basin-wide high-site annual average and
(98th percentile) 24-hour-average PM2.5 concentrations are
14.5 [micro]g/m\3\ and 43 [micro]g/m\3\, respectively, based on
complete or nearly complete datasets for 2015. During 2015, the high
site for the annual average was the near-road Ontario (Route 60) site,
and the high site for the 98th percentile 24-hour concentration was the
Mira Loma site. Because the concentrations fall below the relevant
NAAQS (15.0 [micro]g/m\3\, annual average and 65 [micro]g/m\3\, 24-hour
average), they are consistent with the 2011-2013 data upon which the
determination of attainment is based.
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\15\ The data from all quarters of 2015 from all of the
monitoring sites are complete (i.e., 75 percent or greater sampling
days with valid data) except for: (1) Quarter one at the Long
Beach--Route 710 near-road monitor (AQS ID #06-037-4008) during
which 74 percent of sampling days have valid data; and (2) quarter
four at the Anaheim monitor (AQS ID # 06-059-0007) during which 43
percent of sampling days have valid data. The Long Beach--Route 710
near-road monitor began operating in 2015. The Anaheim monitor has
been operating for many years but has never been the design value
site within the South Coast.
---------------------------------------------------------------------------
Lastly, we find further support for the conclusion that the South
Coast has attained the 1997 PM2.5 standard in a review of
the long-term trends in PM2.5 concentrations in the South
Coast as summarized below in Table 1.
Table 1--South Coast Basin-Wide High Annual and 24-Hour PM2.5
Concentrations, 2001-2015
------------------------------------------------------------------------
98th
Annual Percentile 24-
Year average hour average
([micro]g/ ([micro]g/
m\3\) \a\ m\3\) \b\
------------------------------------------------------------------------
2001.................................... 31.0 74
2002.................................... 27.5 66
2003.................................... 24.8 77
2004.................................... 22.1 72
2005.................................... 20.9 58
2006.................................... 20.8 54
2007.................................... 20.9 71
2008.................................... 18.3 47
2009.................................... 17.2 43
2010.................................... 15.2 36
2011.................................... 15.3 37
2012.................................... 15.1 36
2013.................................... 14.1 38
2014.................................... .............. ..............
[[Page 48353]]
2015.................................... 14.5 43
------------------------------------------------------------------------
\a\ Basin-wide high annual-average concentration is from the Rubidoux
site for 2001-2005, the Mira Loma site from 2006-2013, and the Ontario
(Route 60) site for 2015. Bold values represent exceedances of the
applicable 1997 standard.
\b\ Basin-wide high 98th percentile 24-hour average concentration is
from the Rubidoux site for 2001-2003, 2005, and 2006; the San
Bernardino site for 2004 and 2007; the Mira Loma site for 2008, 2010,
2011, 2013, and 2015; the Azusa site for 2009; and the Fontana site
for 2012. Bold values represent exceedances of the applicable 1997
standard.
Source: AQS Design Value Reports, dated October 6, 2014, October 7,
2014, and May 5, 2016.
As shown in Table 1, basin-wide high-site PM2.5
concentrations in the South Coast declined rapidly from 2001 to 2009.
In more recent years, the decline has been more gradual and has even
started to level out; however, the level reached in recent years are
below the 1997 PM2.5 NAAQS of (less than or equal to) 15.0
[micro]g/m\3\ (annual average) and 65 [micro]g/m\3\ (98th percentile
24-hour average). We have concluded that South Coast attained the 1997
PM2.5 standard by the end of 2013, and this conclusion is
supported by the data collected during 2015 and the long-term trend
data of PM2.5 concentrations in the South Coast that show
signs of leveling out at a level consistent with attainment of that
standard.
III. Public Comments and the EPA's Responses
The EPA's proposed rule provided a 30-day public comment period.
Upon request, we extended the comment period 14 days, from January 8th
to January 22nd, 2015.\16\ We received one set of comments on our
proposed rule, a letter from Earthjustice on behalf of a group that
Earthjustice refers to collectively as ``Health Advocates''.\17\ We
summarize the comments from Health Advocates and respond to them below.
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\16\ See 80 FR 449 (January 6, 2015).
\17\ See letter, Elizabeth Forsyth, Earthjustice, and Maya
Golden-Krasner, Communities for a Better Environment, to Wienke Tax,
EPA Region IX, dated January 22, 2015. Earthjustice submitted the
comments on our proposed rule on behalf of Communities for a Better
Environment, Sierra Club, Center for Biological Diversity, WildEarth
Guardians, Medical Advocates for Healthy Air, and Physicians for
Social Responsibility--Los Angeles. Earthjustice's letter included
four attachments: (1) EPA's technical support document and response
to comments document for action on the 2007 South Coast Air Quality
Management Plan; (2) comments on the 2011 Air Monitoring Network
Plan for the South Coast Air Quality Management District; (3) a
draft report prepared by Greg Gould, ``Near Roadway Emissions:
Measures, Exposure, and Monitoring;'' and a report prepared by E.H.
Pechan & Associations, Inc., ``Estimating Contributions of On-Road
Emissions to Near Highway PM2.5 Concentrations.''
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Comment #1: Health Advocates assert that 2014 monitoring data
demonstrate that the South Coast is not attaining the 1997
PM2.5 standards, and because the South Coast is not
attaining the standard, suspension of attainment-related SIP submittal
requirements, as proposed by the EPA, is inappropriate.
In support of their assertion, Health Advocates present annual
average PM2.5 data for six monitoring sites in the South
Coast for year 2014 downloaded from the California Air Resources
Board's (CARB's) Air Quality and Meteorological Information System
(AQMIS) Web site (https://www.arb.ca.gov/aqmis2/aqmis2.php).
Specifically, Health Advocates present the following data downloaded
from AQMIS:
------------------------------------------------------------------------
2014 Annual
Monitoring site mean ([micro]g/
m\3\)
------------------------------------------------------------------------
Central Los Angeles--Los Angeles (Main Street).......... 18.8
Metropolitan Riverside County--Rubidoux................. 15.6
Riverside--Magnolia..................................... 16.3
Mira Loma--Mira Loma (Van Buren)........................ 19.2
Burbank--W Palm Ave..................................... 19.8
San Bernardino--Upland.................................. 17.9
------------------------------------------------------------------------
Lastly, Health Advocates assert that, in light of 2014 data showing
violations of the 1997 PM2.5 standard, the EPA must
reclassify the South Coast as a ``Serious'' nonattainment area under
CAA section 188(b)(2) and require the South Coast to prepare a
``Serious'' area plan.
Response to Comment #1: We note that Health Advocates do not
challenge our evaluation of South Coast PM2.5 data for 2011-
2013, our proposed determination that the design values in the South
Coast for that period are less than the 1997 PM2.5 standards
or our proposed suspension of any remaining SIP submittal requirements
for the 1997 PM2.5 standards. Rather, Health Advocates
assert that data for 2014 made available since publication of our
proposed rule precludes our final determination of attainment because
the 2014 data purportedly shows that the South Coast is not currently
attaining the 1997 PM2.5 standards. We disagree.
First, CARB's AQMIS combines preliminary (real-time) data with
official (historical) data. By their nature, preliminary data are
subject to change and may be subject to adjustment, substitution or
exclusion under applicable monitoring regulations. In this instance,
the annual average PM2.5 concentrations cited by Health
Advocates at four of the monitoring sites (Central Los Angeles,
Rubidoux, Mira Loma and Burbank) reflect data collected by continuous
PM2.5 FEM monitors for which the SCAQMD has requested an
ineligibility determination (i.e., for comparison to the NAAQS), and
because the EPA has approved the SCAQMD's request, the continuous
PM2.5 FEM data are excluded from NAAQS attainment
determinations. With respect to the annual average PM2.5
concentrations cited by Health Advocates at the two other monitoring
sites (Riverside (Magnolia) and Upland), the data reflect non-FEM
methods and are therefore not eligible for comparison with the
PM2.5 NAAQS.\18\
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\18\ Under 40 CFR 50.7(a)(1), the 1997 PM2.5 NAAQS
are defined in terms of ambient air measurements made by FRMs or
FEMs.
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Second, as discussed in detail in section II of this document, a
review of the only complete, quality-assured data available after the
2011-2013 period, that is, the 2015 PM2.5 ambient data
collected in the South Coast, supports EPA's determination that the
area is attaining the NAAQS. As a result, our suspension of attainment-
related SIP submittal requirements is appropriate, and reclassification
of the area to ``Serious'' for the 1997 PM2.5 standards is
not warranted.
Lastly, with respect to reclassification of the South Coast to
Serious, we note that the EPA has reclassified the South Coast from
Moderate to Serious for the more stringent 2006 (24-hour)
PM2.5 NAAQS. See 81 FR 1514 (January 13, 2016). As a result
of that action, California is required to submit, by August 14, 2017,
additional SIP
[[Page 48354]]
revisions to satisfy the statutory requirements that apply to Serious
PM2.5 nonattainment areas, including the requirements of
subpart 4 of part D, title I of the Act. The Serious area plan must
provide for attainment of the 2006 PM2.5 NAAQS in the South
Coast as expeditiously as practicable, but no later than December 31,
2019, in accordance with the requirements of part D of title I of the
Act.
Moreover, notwithstanding the suspension of attainment-related SIP
requirements related to the 1997 PM2.5 NAAQS arising from
today's action, California must continue to develop such plans not just
for the more stringent 2006 (24-hour) PM2.5 NAAQS cited
above, but also for the more stringent 2012 (annual average)
PM2.5 NAAQS for which the South Coast has been classified as
Moderate nonattainment effective April 15, 2015. See 80 FR 2206
(January 15, 2015). The new South Coast plan addressing Moderate area
requirements for the 2012 PM2.5 NAAQS is due no later than
October 15, 2016. See CAA section 189(a)(2)(B).
Comment #2: Health Advocates contend that the EPA cannot make a
clean data determination for the 1997 PM2.5 standards in the
South Coast because the data the EPA considered for its proposed
determination exclude data from near-roadway monitors. In support of
their contention, Health Advocates cite CAA section 107(a), which
requires states to assure air quality within the entire geographic area
and note that Congress did not exempt areas near highways, where
evidence cited by the commenters indicates much higher levels of
PM2.5 within 300 meters of the highway. Thus, they assert
that the inclusion of near-roadway monitoring data is necessary to
protect the people who live, work and go to school within 300 meters of
a highway in the South Coast and cite changes in the EPA's monitoring
regulations that require near-roadway monitoring in certain urban
areas.
Health Advocates also cite a case pending in the Ninth Circuit
Court of Appeals in which community and environmental groups are
challenging the EPA's approval of the attainment demonstration for the
1997 PM2.5 standards in the South Coast, in part, on the
grounds that the attainment demonstration does not address the near-
highway environment. Health Advocates contend that the EPA should not
make a clean data determination before the court has ruled on this
issue.\19\
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\19\ The case cited is Physicians for Social Responsibility--Los
Angeles v. EPA, 9th Cir., No. 12-70079.
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Response to Comment #2: CAA section 107(a) provides that each state
shall have the primary responsibility for assuring air quality within
the entire geographic area comprising such state by submitting a SIP
that will specify the manner in which the NAAQS will be achieved and
maintained in such state. CAA section 107(a) does not specify how the
EPA must determine whether an area within a state has attained the
NAAQS. Such determinations are governed by the applicable sections of
40 CFR parts 50, 53 and 58, and in the proposed rule at page 73001, the
EPA identifies the specific regulations governing our proposed
determination of attainment for the South Coast for the 1997
PM2.5 standards.
Health Advocates cite changes made by the EPA to the Agency's
monitoring regulations to require states to establish near-road
PM2.5 monitors in certain urban areas as support for their
assertion that the EPA's proposed determination of attainment for the
South Coast in essence denies thousands of people who live near
highways from the protections of the Clean Air Act. We agree that the
EPA's monitoring regulations have been revised to require near-road
PM2.5 monitoring in Core-Based Statistical Areas (CBSAs)
having one million or greater persons. See 40 CFR part 58, appendix D,
section 4.7.1(b), as added by the EPA's final action published at 78 FR
3086, at 3282 (January 15, 2013).
The South Coast encompasses two such areas, the Los Angeles-Long
Beach-Anaheim, CA CBSA and the Riverside-San Bernardino, CA CBSA. Given
that both CBSAs exceed 2.5 million people, the first PM2.5
monitors specifically located to measure the near-road environment were
required to be operational as of January 1, 2015. In response to the
revised monitoring requirements, beginning January 1, 2015, the SCAQMD
began monitoring ambient PM2.5 concentrations at two near-
road sites: the Long Beach Route 710 site (AQS ID 06-037-4008) is
located near Route 710 in Long Beach, and the Ontario Route 60 Near-
Road site (06-071-0027) is located near Route 60 in Ontario. We now
have one year's worth of data from the two near-road PM2.5
monitors.\20\ At the Long Beach Route 710 site, the annual average
PM2.5 concentration was 12.9 [micro]/m\3\ during 2015, and
the 98th percentile 24-hour PM2.5 concentration was 36
[micro]/m\3\. At the Ontario Route 60 site, the corresponding
concentrations were 14.5 [micro]/m\3\ and 40 [micro]/m\3\,
respectively. In summary, the ambient concentrations were less than the
corresponding 1997 PM2.5 NAAQS and are consistent with
continued attainment of the 1997 PM2.5 NAAQS in the South
Coast.
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\20\ See AQS Design Value Report, dated May 5, 2016.
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Also, as noted in our proposed rule, the EPA's evaluation of
whether the South Coast PM2.5 nonattainment area has
attained the 1997 annual and 24-hour PM2.5 NAAQS is based in
part on our review of the adequacy of the PM2.5 monitoring
network in the nonattainment area and the reliability of the data
collected by the network. During the relevant time period in which the
data that we relied upon for the proposed determination of attainment
were collected (i.e., 2011-2013), the PM2.5 monitoring
network in the South Coast was not required to include near-road
PM2.5 monitors. Therefore, the lack of a near-road
PM2.5 monitor during the 2011-2013 period does not undermine
our determination of attainment of the standard based on the data
collected during those years. Moreover, as noted above, the near-road
ambient PM2.5 data that are now available are consistent
with continued attainment of the 1997 PM2.5 NAAQS in the
South Coast.
Lastly, Health Advocates are correct that a lawsuit was filed in
the Ninth Circuit Court of Appeals, in which near-road PM2.5
concentrations were at issue. See Physicians for Social
Responsibility--Los Angeles v. EPA, Ninth Circuit, No. 12-70079.
However, the action that is challenged in that case is the EPA's
approval of the attainment demonstration for the 1997 PM2.5
standards in the South Coast that relies on modeling results to predict
future ambient concentrations. Today's action does not rely on future
modeled concentrations but rather on past monitored concentrations
collected by a monitoring network that, as explained above, is adequate
and consistent with the EPA's monitoring requirements for the relevant
period.
In any event, on June 9, 2015, the court issued a memorandum
denying the petition for review in the Physicians for Social
Responsibility case. As relevant here, the court held that the South
Coast PM2.5 plan does not impermissibly ignore pollution in
the near-highway areas because the monitoring guidelines explicitly
specify that states generally need not monitor ``microscale'' or
``middle scale'' areas, which include ``traffic corridors'' and areas
``along traffic corridors.'' See
[[Page 48355]]
Physicians for Social Responsibility--Los Angeles v. EPA, No. 12-70079,
memorandum opinion at 3 (9th Cir., June 9, 2015). Thus, the case
presents no reason to delay final action on the determination of
attainment for the South Coast for the 1997 PM2.5 standards.
IV. Final Action
For the reasons stated above, the EPA is taking final action to
determine that the South Coast nonattainment area in California has
attained the 1997 annual and 24-hour PM2.5 NAAQS based on
complete (or otherwise validated), quality-assured and certified data
in AQS for 2011-2013. We also find that the most recent quality-assured
and certified data in AQS show that this area continues to attain the
standards.
In conjunction with and based upon our final determination that the
South Coast has attained and is currently attaining the standard, the
EPA is taking final action to determine that the obligation to submit
any remaining attainment-related SIP revisions arising from
classification of the South Coast as a Moderate nonattainment area
under subpart 4 of part D (of title I of the Act) for the 1997
PM2.5 NAAQS is not applicable for so long as the area
continues to attain the 1997 PM2.5 NAAQS. These attainment-
related requirements include, but are not limited to, the part D,
subpart 4 obligations to provide an attainment demonstration pursuant
to section 189(a)(1)(B), the RACM provisions of section 189(a)(1)(C)
and the RFP provisions of section 189(c).
Today's final action does not constitute a redesignation of the
South Coast nonattainment area to attainment for the 1997 annual and
24-hour PM2.5 NAAQS under CAA section 107(d)(3) because we
have not yet approved a maintenance plan for the South Coast as meeting
the requirements of section 175A of the CAA or determined that the area
has met the other CAA requirements for redesignation. The
classification and designation status in 40 CFR part 81 remains
Moderate nonattainment for this area until such time as the EPA
determines that California has met the CAA requirements for
redesignating the South Coast nonattainment area to attainment.
If the South Coast nonattainment area continues to monitor
attainment of the 1997 PM2.5 NAAQS, the requirements for the
area to submit an attainment demonstration and associated RACM, an RFP
plan, contingency measures and any other planning requirements related
to attainment of the 1997 PM2.5 NAAQS will remain suspended.
If, after today's action, the EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the area
has violated the 1997 PM2.5 NAAQS, the basis for the
suspension of the attainment planning requirements for the area would
no longer exist, and the area would thereafter have to address such
requirements.
V. Statutory and Executive Order Reviews
This final action makes a determination of attainment based on air
quality and suspends certain federal requirements, and thus, this
action would not impose additional requirements beyond those imposed by
state law. For this reason, the final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 CAA; 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, this final action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP obligations discussed herein do not apply to Indian
Tribes, and thus this action will not impose substantial direct costs
on tribal governments or preempt tribal law.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 23, 2016. 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, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 8, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, 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 52.247 is amended by adding paragraph (g) to read as
follows:
[[Page 48356]]
Sec. 52.247 Control strategy and regulations: Fine Particle Matter.
* * * * *
(g) Determination of Attainment: Effective August 24, 2016, the EPA
has determined that, based on 2011 to 2013 ambient air quality data,
the South Coast PM2.5 nonattainment area has attained the
1997 annual and 24-hour PM2.5 NAAQS. This determination
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures and other
planning SIPs related to attainment for as long as this area continues
to attain the 1997 annual and 24-hour PM2.5 NAAQS. If the
EPA determines, after notice-and-comment rulemaking, that this area no
longer meets the 1997 PM2.5 NAAQS, the corresponding
determination of attainment for the area shall be withdrawn.
[FR Doc. 2016-17410 Filed 7-22-16; 8:45 am]
BILLING CODE 6560-50-P
