Finding of Failure To Attain the 2006 24-Hour Fine Particulate Matter Standards; California; Los Angeles-South Coast Air Basin, 41479-41484 [2020-14299]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2020–0309; FRL–10011–
43–Region 9]
Finding of Failure To Attain the 2006
24-Hour Fine Particulate Matter
Standards; California; Los AngelesSouth Coast Air Basin
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Los Angeles-South Coast Air
Basin nonattainment area failed to attain
the 2006 24-hour fine particulate matter
(‘‘PM2.5’’) national ambient air quality
standards by the December 31, 2019
‘‘Serious’’ area attainment date. This
proposed determination is based on
ambient air quality monitoring data
from 2017 through 2019. If the EPA
finalizes this determination as
proposed, the State of California will be
required to submit a revision to the
California State Implementation Plan
that, among other elements, provides for
expeditious attainment within the time
limits prescribed by regulation and
provides for a five percent annual
reduction in the emissions of direct
PM2.5 or a PM2.5 plan precursor
pollutant. We are also proposing to
correct an error in the table of California
area designations for the 2006 PM2.5
national ambient air quality standards.
DATES: Comments must be received on
or before August 10, 2020.
SUMMARY:
17:00 Jul 09, 2020
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Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2020–0309 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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
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The written comment is considered the
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other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
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submissions, and general guidance on
making effective comments, please visit
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ADDRESSES:
BILLING CODE 6560–50–P
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FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, Air Planning Office
(AIR–2), EPA Region IX, (415) 972–
3964, vagenas.ginger@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
A. PM2.5 National Ambient Air Quality
Standards
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B. South Coast Designations,
Classifications, and Attainment Dates for
the 2006 PM2.5 NAAQS
II. Proposed Determination and
Consequences
A. Applicable Statutory and Regulatory
Provisions
B. Monitoring Network Considerations
C. Data Considerations and Proposed
Determination
D. Consequences for a Serious PM2.5
Nonattainment Area Failing To Attain
the Standards by the Attainment Date
III. Proposed Error Correction
IV. Proposed Actions and Request for Public
Comment
V. Statutory and Executive Order Reviews
I. Background
A. PM2.5 National Ambient Air Quality
Standards
Under section 109 of the Clean Air
Act (CAA or ‘‘Act’’), the EPA has
established national ambient air quality
standards (NAAQS or ‘‘standards’’) for
certain pervasive air pollutants (referred
to as ‘‘criteria pollutants’’) and conducts
periodic reviews of the NAAQS to
determine whether they should be
revised or whether new NAAQS should
be established.
In October 2006, the EPA revised the
24-hour NAAQS for fine particulate
matter (particles with a diameter of 2.5
microns or less or PM2.5) 1 (‘‘2006 PM2.5
NAAQS’’) to provide increased
protection of public health by lowering
1 The EPA established both primary and
secondary standards for the 2006 24-hour PM2.5
NAAQS. Primary standards provide public health
protection, including protecting the health of
‘‘sensitive’’ populations such as asthmatics,
children, and the elderly. Secondary standards
provide public welfare protection, including
protection against decreased visibility and damage
to animals, crops, vegetation, and buildings. Since
the primary and secondary standards for 24-hour
PM2.5 are set at the same level, we refer to them
herein using the singular ‘‘2006 PM2.5 NAAQS’’ or
‘‘2006 PM2.5 standard.’’
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its level from 65 micrograms per cubic
meter (mg/m3) to 35 mg/m3.2
Epidemiological studies have shown
statistically significant correlations
between elevated PM2.5 levels and
premature mortality. Other important
health effects associated with PM2.5
exposure include aggravation of
respiratory and cardiovascular disease
(as indicated by increased hospital
admissions, emergency room visits,
absences from school or work, and
restricted activity days), changes in lung
function and increased respiratory
symptoms. There is also new evidence
for more subtle indicators of
cardiovascular health. Individuals
particularly sensitive to PM2.5 exposure
include older adults, people with heart
and lung disease, and children.3
PM2.5 can be emitted directly into the
atmosphere as a solid or liquid particle
(primary PM2.5 or direct PM2.5) or can be
formed in the atmosphere as a result of
various chemical reactions from
precursor emissions of nitrogen oxides,
sulfur oxides, volatile organic
compounds, and ammonia (secondary
PM2.5).4
B. South Coast Designations,
Classifications, and Attainment Dates
for the 2006 PM2.5 NAAQS
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Following promulgation of a new or
revised NAAQS, the EPA is required
under CAA section 107(d) to designate
areas throughout the nation as attaining
or not attaining the NAAQS. Effective
December 14, 2009, the EPA designated
Los Angeles-South Coast Air Basin
(‘‘South Coast’’) as a nonattainment area
for the 2006 PM2.5 NAAQS.5 In June
2014, the EPA classified the South Coast
as a ‘‘Moderate’’ nonattainment area for
2 71 FR 61144 (October 17, 2006). The EPA set the
first NAAQS for PM2.5 on July 18, 1997 (62 FR
36852), including annual standards of 15 mg/m3
based on a 3-year average of annual mean PM2.5
concentrations and 24-hour (daily) standards of 65
mg/m3 based on a 3-year average of 98th percentile
24-hour concentrations (40 CFR 50.7). In 2012, the
EPA revised the annual standard to lower its level
to 12 mg/m3. 78 FR 3086 (January 15, 2013), codified
at 40 CFR 50.18. Unless otherwise noted, all
references to the PM2.5 standard in this notice are
to the 2006 24-hour standard of 35 mg/m3 codified
at 40 CFR 50.13.
3 EPA, Air Quality Criteria for Particulate Matter,
No. EPA/600/P–99/002aF and EPA/600/P–99/
002bF, October 2004.
4 81 FR 58010, 58011 (August 24, 2016).
5 74 FR 58688 (November 13, 2009). The South
Coast 2006 PM2.5 NAAQS nonattainment area
includes Orange County, the southwestern twothirds of Los Angeles County, southwestern San
Bernardino County, and western Riverside County.
A precise description of the South Coast PM2.5
nonattainment area is contained in 40 CFR 81.305.
The South Coast PM2.5 nonattainment area is home
to about 17 million people, has a diverse economic
base, and contains one of the highest volume port
areas in the world.
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the 2006 PM2.5 NAAQS under subpart 4
of part D, title I of the Act.6
In January 2016, the EPA reclassified
the South Coast as a Serious
nonattainment area, based on our
determination that the area could not
practicably attain the 2006 PM2.5
NAAQS by the applicable attainment
date of December 31, 2015.7 As a
consequence, California was required to
submit a nonattainment new source
review program revision and a Serious
area attainment plan, including a
demonstration that the plan provides for
attainment of the 2006 PM2.5 NAAQS in
the South Coast as expeditiously as
practicable, but no later than December
31, 2019, which is the latest permissible
attainment date under CAA section
188(c)(2).
The local air district with primary
responsibility for developing a plan to
attain the 2006 PM2.5 NAAQS in this
area is the South Coast Air Quality
Management District (‘‘District’’ or
SCAQMD). The District works
cooperatively with the California Air
Resources Board (CARB) in preparing
these plans. Authority for regulating
sources in the South Coast is split
between the District, which has
responsibility for regulating stationary
and most area sources, and CARB,
which has responsibility for regulating
most mobile sources and some
categories of consumer products. In
2017, in response to the area’s
classification as a Serious
nonattainment area for the 2006 PM2.5
NAAQS, SCAQMD and CARB prepared
and submitted state implementation
plan (SIP) revisions to address the
related CAA requirements.8 In 2019, the
EPA approved the SIP revisions for the
South Coast for the 2006 PM2.5 NAAQS
except for the contingency measure
element.9 On June 5, 2020, the EPA
Region IX Regional Administrator
signed a notice proposing to
conditionally approve the contingency
measure element as meeting the
applicable Serious area requirements for
the 2006 PM2.5 NAAQS.10
FR 31566 (June 2, 2014).
FR 1514 (January 13, 2016).
8 The first SIP revision submission is the 2006
PM2.5 NAAQS portion of the ‘‘Final 2016 Air
Quality Management Plan (March 2017),’’ adopted
by the SCAQMD Governing Board on March 3, 2017
(‘‘2016 AQMP’’). CARB submitted the 2016 AQMP
to the EPA on April 27, 2017. The second
submission, also submitted to the EPA on April 27,
2017, is CARB’s ‘‘2016 State Strategy for the State
Implementation Plan (March 2017)’’ (‘‘2016 State
Strategy’’).
9 84 FR 3305 (February 12, 2019).
10 A pre-publication copy of this proposal is
included in the docket for this rulemaking. We
expect it to be published in the Federal Register
soon.
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II. Proposed Determination and
Consequences
A. Applicable Statutory and Regulatory
Provisions
Sections 179(c)(1) and 188(b)(2) of the
CAA require the EPA to determine
whether a PM2.5 nonattainment area
attained the applicable PM2.5 NAAQS by
its applicable attainment date, based on
the area’s air quality as of the attainment
date.
A determination of whether an area’s
air quality meets the PM2.5 NAAQS is
generally based upon the most recent
three years of complete, quality-assured
data gathered at established state and
local air monitoring stations (SLAMS) in
a nonattainment area and entered into
the EPA’s Air Quality System (AQS)
database. Data from ambient air
monitors operated by state and local
agencies in compliance with the EPA
monitoring requirements must be
submitted to AQS. Monitoring agencies
annually certify that these data are
accurate to the best of their knowledge.
Accordingly, the EPA relies primarily
on data in AQS when determining the
attainment status of areas.11 All data are
reviewed to determine the area’s air
quality status in accordance with 40
CFR part 50, Appendix N.
Under EPA regulations in 40 CFR
50.13 and in accordance with 40 CFR
part 50, Appendix N, the 2006 PM2.5
NAAQS is met when the design value
is less than or equal to 35 mg/m3 at each
eligible monitoring site within the
area.12 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.
B. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA
requires states to establish and operate
air monitoring networks to compile data
on ambient air quality for all criteria
pollutants. Our monitoring
requirements are specified by regulation
in 40 CFR part 58. These requirements
are applicable to state and, where
delegated, local air monitoring agencies
that operate criteria pollutant monitors.
Our regulations in 40 CFR part 58
establish specific requirements for
operating air quality surveillance
networks to measure ambient
concentrations of PM2.5, including
requirements for measurement methods,
11 See 40 CFR 50.13; 40 CFR part 50, Appendix
N; 40 CFR part 53; 40 CFR part 58, and 40 CFR part
58, Appendices A, C, D, and E.
12 The 24-hour PM
2.5 standard design value is the
3-year average of 98th percentile concentrations,
and the 2006 24-hour PM2.5 NAAQS are met when
the standard design value at each eligible
monitoring site is less than or equal to 35.0 mg/m3.
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network design, quality assurance
procedures, and in the case of large
urban areas, the minimum number of
monitoring sites designated as SLAMS.
In section 4.7 of Appendix D to 40
CFR part 58, the EPA specifies design
criteria for PM2.5 monitoring at SLAMS.
SLAMS produce data that are eligible
for comparison with the NAAQS, and
therefore, the monitor must be an
approved federal reference method
(FRM), federal equivalent method
(FEM), or approved regional method
(ARM). The minimum number of
SLAMS required is described in section
4.7.1, and can be met by either filterbased or continuous FRMs or FEMs. The
monitoring regulations also provide that
each core-based statistical area must
operate a minimum number of PM2.5
continuous monitors (section 4.7.2);
however, this requirement can be met
by either an FEM or a non-FEM
continuous monitor, and the continuous
monitors can be located with other
SLAMS or at a different location.
Consequently, the monitoring
requirements for PM2.5 can be met with
filter-based FRMs/FEMs, continuous
FEMs, continuous non-FEMs, or a
combination of monitors at each
required SLAMS.
Under 40 CFR 58.10, states are
required to submit annual network
plans for ambient air monitoring
networks for approval by the EPA.
Within the South Coast Air Basin, the
District and the Pechanga Band of
Luiseno Mission Indians of the
Pechanga Reservation (‘‘Pechanga
Band’’) are the agencies responsible for
assuring that the area meets PM2.5 air
quality monitoring requirements. The
District submits annual monitoring
network plans (ANP) to the EPA that
describe the various monitoring sites
operated by the District. The Pechanga
Band does the same for the monitoring
site it operates. These plans discuss the
status of the air monitoring network, as
required under 40 CFR 58.10. The EPA
regularly reviews these annual network
plans for compliance with the
applicable reporting requirements in 40
CFR part 58. The most recent plan
submitted by the District is the 2019
ANP, dated July 1, 2019. On October 29,
2019, the EPA approved those portions
of the District’s 2019 ANP that pertain
to the adequacy of the network for PM2.5
monitoring purposes.13 The most recent
plan submitted by the Pechanga Band is
the 2018 ANP, dated July 1, 2018. On
October 29, 2018, the EPA approved
13 Letter dated October 29, 2019, from Gwen
Yoshimura, Manager, EPA Region IX, Air Quality
Analysis Office, to Matt Miyasato, Deputy Executive
Officer, Science and Technology Advancement,
SCAQMD.
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those portions of the Pechanga Band’s
2018 ANP that pertain to the adequacy
of the network for PM2.5 monitoring
purposes.14 Although the EPA has not
received the 2019 ANP for the Pechanga
Band, because we have approved the
2018 ANP elements and because the
Pechanga Band’s monitoring site is one
of the lower design value sites in the
area, approval of a 2019 ANP is not
necessary for this action.
During the 2017–2019 period, PM2.5
ambient concentration data that are
eligible for use in determining whether
an area has attained the PM2.5 NAAQS
were collected at a total of 18 sites
within the South Coast. The District
operates 17 of these sites while the
Pechanga Band operates one site. All of
the sites are designated SLAMS for
PM2.5.15 The primary monitors at all 17
District sites are FRMs, while the
primary monitor at the Pechanga site is
a beta attenuation monitor FEM.
Based on our review of the PM2.5
monitoring network, we find that the
monitoring network in the South Coast
is adequate for the purpose of collecting
ambient PM2.5 concentration data for
use in determining whether the South
Coast attained the 2006 24-hour PM2.5
NAAQS by the December 31, 2019
attainment date.
C. Data Considerations and Proposed
Determination
Under 40 CFR 58.15, monitoring
agencies must submit a letter to the EPA
each year to certify that all of the
ambient concentration and quality
assurance data for the previous year
have been submitted to AQS and that
the ambient concentration data are
accurate to the best of their knowledge,
taking into consideration the quality
assurance findings. The letter must
address data for all FRM, FEM, and
ARM monitors at SLAMS and special
purpose monitoring stations that meet
the criteria specified in 40 CFR 58,
Appendix A. The District 16 and the
14 Letter dated October 29, 2018, from Gwen
Yoshimura, Manager, EPA Region IX, Air Quality
Analysis Office, to Kelcey Stricker, Environmental
Director, Pechanga Band of Luiseno Mission
Indians of the Pechanga Reservation.
15 There are a number of other PM
2.5 monitoring
sites within the South Coast, including other sites
operated by the District, the National Park Service,
and certain Indian tribes, but the data collected
from these sites are non-regulatory and not eligible
for use in determining whether the South Coast has
attained the PM2.5 NAAQS.
16 For example, see letter dated April 30, 2020,
from Jason Low, Assistant Deputy Executive
Officer, Science and Technology Advancement,
SCAQMD, to John Busterud, Regional
Administrator, EPA Region IX, certifying calendar
year 2019 ambient air quality data and quality
assurance data.
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41481
Pechanga Band 17 submit this
certification annually, as required by 40
CFR 58.15.
As noted in section II.A of this
document, CAA sections 179(c)(1) and
188(b)(2) require the EPA to determine
whether a PM2.5 nonattainment area
attained the applicable PM2.5 standards
by the applicable attainment date, based
on the area’s air quality ‘‘as of the
attainment date.’’ For the reasons
discussed in section I.B of this
document, the South Coast’s attainment
date for the 2006 24-hour PM2.5 NAAQS
was December 31, 2019. Because
determinations of PM2.5 NAAQS
compliance are based on three calendar
years of data,18 to determine the South
Coast’s air quality as of December 31,
2019, we reviewed the data collected
during the three-year period
immediately preceding December 31,
2019, i.e., January 1, 2017–December 31,
2019.
We verified that the data for the 2017–
2019 period have been certified by the
District, and then we reviewed the data
for completeness.19 We described the
most recent annual data certifications
from the District and the Pechanga Band
in section II.B of this document. With
respect to completeness, we determined
that the data collected by the District
meet the quarterly completeness
criterion for all 12 quarters of the threeyear period at most of the PM2.5
monitoring sites in the South Coast.
More specifically, among the 18 PM2.5
monitoring sites from which regulatory
data are available, the data from 6 of the
sites did not meet the 75%
completeness criterion for at least one
quarter in the 2017–2019 period;
however, the data from all but one site
(Pechanga) are sufficient nonetheless to
produce a valid design value for the 24hour PM2.5 NAAQS pursuant to the
rules governing design value validity in
40 CFR part 50, Appendix N, section
4.2. We note that monitors with
incomplete data in one or more quarters
may still produce valid design values if
the conditions for applying one of the
EPA’s data substitution tests are met.20
17 For example, see letter dated April 29, 2020,
from Kelcey Stricker, Environmental Director,
Pechanga Band of Luiseno Mission Indians of the
Pechanga Reservation, to Gwen Yoshimura,
Manager, Air Quality Analysis Office, EPA Region
IX, certifying calendar year 2019 ambient air quality
data and quality assurance data.
18 40 CFR part 50, Appendix N.
19 The Pechanga Band has not yet submitted a
letter certifying data for calendar year 2018.
However, certified data from the District for 2017–
2019 are sufficient to demonstrate that the area did
not attain the NAAQS during this period.
20 See 40 CFR part 50, Appendix N, section 4.2(b)
for the 24-hour PM2.5 NAAQS.
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Table 1 shows the 24-hour PM2.5
design values at each of the 18
monitoring sites within the South Coast
nonattainment area for the relevant
three-year period (2017–2019). The table
shows that the 24-hour PM2.5 design
values for the 2017–2019 period are
greater than 35.0 mg/m3 at two of the
sites.
TABLE 1—2017–2019 24-HOUR PM2.5 DESIGN VALUES FOR THE SOUTH COAST NONATTAINMENT AREA
98th percentile
(μg/m3)
Site
(AQS ID)
General location
2017
2018
2019
2017–2019
24-hour
design values
(μg/m3)
Los Angeles County
East San Gabriel Valley .............................
Central Los Angeles ..................................
West San Fernando Valley ........................
South Central Los Angeles County ...........
South San Gabriel Valley ..........................
West San Gabriel Valley ............................
South Coastal Los Angeles County ...........
South Coastal Los Angeles County ...........
South Coastal Los Angeles County ...........
Azusa (06–037–0002) ...............................
Los Angeles (Main St.) (06–037–1103) ....
Reseda (06–037–1201) ............................
Compton (06–037–1302) ..........................
Pico Rivera #2 (06–037–1602) .................
Pasadena (06–037–2005) .........................
Long Beach (North) (06–037–4002) .........
South Long Beach (06–037–4004) ...........
Long Beach-Route 710 Near Road (06–
037–4008).
21.2
30.9
20.7
53.4
29.5
18.8
32.3
31.1
35.6
30.2
34.1
23.8
34.8
35.4
29.5
33.0
33.5
36.1
22.8
28.3
26.3
26.6
27.5
27.5
20.7
23.2
26.4
25
31
24
38
31
25
29
29
33
38.1
15.0
32.1
20.3
23.8
14.7
31
17
13.6
30.7
39.9
14.7
28.2
34.2
9.5
32.7
36.2
* 13
31
37
36.9
32.7
31.4
34
26.5
23.5
25.6
26.8
16.0
22.9
35.7
31.0
34.8
30
24
28
Orange County
Central Orange County ..............................
Saddleback Valley .....................................
Anaheim (06–059–0007) ...........................
Mission Viejo (06–059–2022) ...................
Riverside County
Temecula Valley ........................................
Metropolitan Riverside County ...................
Mira Loma ..................................................
Pechanga (06–065–0009) .........................
Rubidoux (06–065–8001) ..........................
Mira Loma (Van Buren) (06–065–8005) ...
San Bernardino County
Southwest San Bernardino Valley .............
Central San Bernardino Valley ..................
East San Bernardino Mountains ................
Central San Bernardino Valley ..................
Ontario-Route 60 Near Road (06–071–
0027).
Fontana (06–071–2002) ............................
Big Bear (06–071–8001) ...........................
San Bernardino (06–071–9004) ................
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* The design value for the Pechanga site is invalid. All other design values are valid.
Source: EPA, AQS Design Value Report (AMP480), Report Request ID: 1846520, June 3, 2020.
For an area to attain the 2006 PM2.5
NAAQS by December 31, 2019, the 2019
design value (reflecting data from 2017–
2019) at each eligible monitoring site
must be equal to or less than 35 mg/m3.
Table 1 shows that the 2019 design
values at two sites in the South Coast
are greater than that value. The 2019
annual design value site, i.e., the site
with the highest design value based on
2017–2019 data, is the Compton site
with a 2019 24-hour PM2.5 design value
of 38 mg/m3. Therefore, based on
quality-assured and certified data for
2017–2019, we are proposing to
determine that the South Coast failed to
attain the 2006 PM2.5 standard by the
December 31, 2019 attainment date.
A monitoring agency may request that
the EPA exclude data showing
exceedances or violations of the
standard from use in regulatory
determinations by demonstrating that an
exceptional event caused a specific air
pollution concentration at a particular
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air quality monitoring location.21 If the
EPA concurs that the exceedance or
violation was caused by an exceptional
event, the relevant data will be excluded
from the design value calculation. A
monitoring agency notifies the EPA of
its intent to request exclusion of
concentrations by placing a ‘‘flag’’ in the
appropriate AQS field for the data of
concern.
For PM2.5 ambient data collected from
2017–2019, the District flagged one 24hour concentration at the Compton site
and two 24-hour concentrations at the
Mira Loma site due to fireworks, and
one additional 24-hour concentration at
the Compton site due to wildfire. The
District also flagged multiple 24-hour
concentrations at several other sites in
the South Coast due to either fireworks
or wildfire; however, these sites already
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21 40
22 EPA, AQS Raw Data Qualifier Report
(AMP360), Report Request ID: 1846503, June 3,
2020.
23 EPA, AQS Design Value Report (AMP480),
Report Request ID: 1846500, June 3, 2020.
CFR 50.14.
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Fmt 4702
have attaining design values for the 24hour PM2.5 NAAQS.22
The State has not provided a
demonstration that the flagged data
were caused by exceptional events and
has not requested EPA concurrence on
the flagged data. Consequently, the EPA
has not reviewed the flagged data to
determine if they were influenced by an
exceptional event, and the flagged data
are included in the set of data used to
determine whether the standard was
attained. However, even if the flagged
data were excluded, the two exceeding
design values reported in Table 1 would
remain above the NAAQS.23
Specifically, if all the flagged data
were to be excluded, the 2019 24-hour
PM2.5 design value at the Compton
monitoring site would be 37 mg/m3
instead of 38 mg/m3 and the design
value for the Mira Loma site would
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remain 37 mg/m3. Thus, the two sites
would still fail to attain the applicable
standard of 35 mg/m3. Also, exclusion of
flagged data at other sites in the South
Coast area that already have design
values that attain the NAAQS would not
affect the conclusions regarding the two
sites that have design values above the
NAAQS.
D. Consequences for a Serious PM2.5
Nonattainment Area Failing To Attain
the Standards by the Attainment Date
The consequences for a Serious PM2.5
nonattainment area for failing to attain
the NAAQS by the applicable
attainment date are set forth in CAA
sections 179(d) and 189(d) and in 40
CFR 51.1003(c). Under these provisions,
a state must submit a SIP revision for
the area meeting the requirements of
CAA section 110 and 172, the latter of
which requires, among other elements,
a demonstration of attainment and
reasonable further progress, and
contingency measures. CAA section
189(d) requires that the SIP revision
must provide for attainment of the
standards and, from the date of the SIP
submittal until attainment, for an
annual reduction in the emissions of
direct PM2.5 or a PM2.5 plan precursor
pollutant within the area of not less
than five percent of the amount of such
emissions as reported in the most recent
inventory prepared for such area.24 The
requirement for a new attainment
demonstration under CAA section
189(d) also triggers the requirement for
the SIP revision for quantitative
milestones as set forth in 40 CFR
51.1013.
The new attainment date is set by 40
CFR 51.1004(a)(3). Under 40 CFR
51.1004(a)(3), the new attainment date
is the date by which attainment can be
achieved as expeditiously as
practicable, but no later than five years
from the effective date of the final
determination of failure to attain. The
EPA may extend the attainment date for
a period no greater than 10 years from
the effective date of the final
determination, considering the severity
of nonattainment and the availability
and feasibility of pollution control
measures. Lastly, consistent with
section 179(d) of the CAA, 40 CFR
51.1003(c) requires that the state submit
the required SIP revision within 12
months after the applicable Serious area
attainment date that was missed. If the
EPA finalizes this proposed rule, the
State of California will be required to
24 40
CFR 51.1003(c). The EPA defines PM2.5 plan
precursor as those PM2.5 precursors required to be
regulated in the applicable attainment plan and/or
nonattainment new source review program. 40 CFR
51.1000.
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submit a SIP revision that complies with
CAA sections 179(d) and 189(d) and 40
CFR 51.1003(c) within 12 months of
December 31, 2019, i.e., by December
31, 2020.
III. Proposed Error Correction
Section 110(k)(6) of the CAA, as
amended in 1990, provides that,
whenever the EPA determines that the
EPA’s action approving, disapproving,
or promulgating any plan or plan
revision (or part thereof), area
designation, redesignation,
classification or reclassification was in
error, the EPA may in the same manner
as the approval, disapproval, or
promulgation revise such action as
appropriate without requiring any
further submission from the state.
As described in section I.B of this
document, in 2009, the EPA designated
areas of the country for the 2006 PM2.5
NAAQS.25 In so doing, we excluded the
lands of the Santa Rosa Band of Cahuilla
Mission Indians in Riverside County
from the South Coast nonattainment
area and designated the lands as a
separate ‘‘Unclassifiable/Attainment’’
area for the 2006 PM2.5 NAAQS.26 In
2014, in response to a court decision
affecting the implementation of the
PM2.5 NAAQS, we classified the South
Coast as Moderate for the 2006 PM2.5
NAAQS.27 Our 2014 final rule again
excluded the lands of the Santa Rosa
Band of Cahuilla Mission Indians in
Riverside County from the South Coast
Moderate nonattainment area and again
listed the lands as a separate
unclassifiable/attainment area for the
2006 PM2.5 NAAQS.28
In 2016, we reclassified the South
Coast from Moderate to Serious for the
2006 PM2.5 standard, but we erroneously
considered the lands of the Santa Rosa
Band of Cahuilla Mission Indians in
Riverside County to be part of the South
Coast Moderate nonattainment area and
revised the designation for lands of the
Santa Rosa Band of Cahuilla Mission
Indians in Riverside County from
unclassifiable/attainment to Serious
nonattainment. The inclusion of the
lands of the Santa Rosa Band of Cahuilla
Mission Indians in Riverside County as
part of the South Coast in our 2016
action was clearly in error because we
did not propose any change in
designations, such as a change in
designation from unclassifiable/
attainment to nonattainment, but rather
only proposed a change to the
25 74 FR 58688 (November 13, 2009). The area
designations for California are promulgated at 40
CFR 81.305.
26 Id., at 58708.
27 79 FR 31566 (June 2, 2014).
28 Id., at 31597.
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41483
classification of an existing
nonattainment area.29 In our 2016
action, we erroneously reclassified the
lands of the Santa Rosa Band of Cahuilla
Mission Indians in Riverside County to
Serious in concert with the
reclassification of the South Coast
nonattainment area in which we
mistakenly thought the lands were
located. We are proposing to correct this
error and revise the table for California
area designations for the 2006 PM2.5
NAAQS in 40 CFR 81.305, accordingly.
IV. Proposed Actions and Request for
Public Comment
Under CAA sections 179(c)(1) and
188(b)(2), the EPA proposes to
determine that the South Coast
‘‘Serious’’ PM2.5 nonattainment area has
failed to attain the 2006 PM2.5 NAAQS
by the applicable attainment date of
December 31, 2019. If finalized as
proposed, the State of California will be
required under 40 CFR 51.1003(c) to
submit a revision to the SIP for the
South Coast that, among other elements,
demonstrates expeditious attainment of
the NAAQS within the time period
prescribed by 40 CFR 51.1004(a)(3) and
that provides for annual reduction in
the emissions of direct PM2.5 or a PM2.5
plan precursor pollutant within the area
of not less than five percent until
attainment. The SIP revision required
under 40 CFR 51.1003(c) would be due
for submittal to the EPA no later than
December 31, 2020.
We are also proposing to correct an
error in a previous rulemaking and
restore the designation of
‘‘Unclassifiable/Attainment’’ for the
2006 PM2.5 NAAQS for the lands of the
Santa Rosa Band of Cahuilla Mission
Indians in Riverside County in the
appropriate table in 40 CFR 81.305.
The EPA is soliciting public
comments on the issues discussed in
this document. We will accept
comments from the public on this
proposal for the next 30 days. We will
consider these comments before taking
final action.
V. Statutory and Executive Order
Reviews
This proposed action in and of itself
establishes no new requirements; it
merely documents that air quality in the
South Coast did not meet the 2006 PM2.5
NAAQS by the applicable attainment
date. For that reason, this proposed
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
29 80 FR 63640 (October 20, 2015) (proposed
reclassification of the South Coast from Moderate to
Serious for the 2006 PM2.5 NAAQS).
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Proposed Rules
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed 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
proposed action will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Nonetheless, the EPA has notified the
tribes within the South Coast PM2.5
nonattainment area of the proposed
action and offered formal consultation.
No tribe requested formal consultation.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Ammonia,
Incorporation by reference,
Intergovernmental relations, Nitrogen
VerDate Sep<11>2014
17:00 Jul 09, 2020
Jkt 250001
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: June 26, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020–14299 Filed 7–9–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R06–OAR–2020–0315; FRL–10011–
08–Region 6]
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants; Arkansas,
Louisiana, Oklahoma, New Mexico, and
Albuquerque-Bernalillo County, New
Mexico; Control of Emissions From
Existing Hospital/Medical/Infectious
Waste Incinerator Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is notifying the public that we have
received CAA section 111(d)/129
negative declarations from Arkansas,
Louisiana, Oklahoma, New Mexico, and
Albuquerque-Bernalillo County, New
Mexico, for existing Hospital/Medical/
Infectious Waste Incinerator (HMIWI)
units. These negative declarations
certify that HMIWI subject to the
requirements of sections 111(d) and 129
of the CAA do not exist within the
jurisdictions of Arkansas, Louisiana,
Oklahoma, New Mexico, and
Albuquerque-Bernalillo County. The
EPA is proposing to accept the negative
declarations and amend the CFR in
accordance with the requirements of the
CAA.
DATES: Written comments must be
received on or before August 10, 2020.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2020–0315, at https://
www.regulations.gov or via email to
ruan-lei.karolina@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
SUMMARY:
PO 00000
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docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Karolina Ruan Lei, (214) 665–
7346, ruan-lei.karolina@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Karolina Ruan Lei, EPA Region 6 Office,
Air and Radiation Division—State
Planning and Implementation Branch,
(214) 665–7346, ruan-lei.karolina@
epa.gov. Out of an abundance of caution
for members of the public and our staff,
the EPA Region 6 office will be closed
to the public to reduce the risk of
transmitting COVID–19. We encourage
the public to submit comments via
https://www.regulations.gov, as there
will be a delay in processing mail and
no courier or hand deliveries will be
accepted. Please call or email the
contact listed above if you need
alternative access to material indexed
but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
Sections 111(d) and 129 of the CAA
require states to submit plans to control
certain pollutants (designated
pollutants) at existing solid waste
combustor facilities (designated
facilities) whenever standards of
performance have been established
under section 111(b) for new sources of
the same type, and the EPA has
established emission guidelines for such
existing sources. CAA section 129
directs the EPA to establish standards of
performance for new sources (NSPS)
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[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Proposed Rules]
[Pages 41479-41484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14299]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2020-0309; FRL-10011-43-Region 9]
Finding of Failure To Attain the 2006 24-Hour Fine Particulate
Matter Standards; California; Los Angeles-South Coast Air Basin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Los Angeles-South Coast Air Basin nonattainment area
failed to attain the 2006 24-hour fine particulate matter
(``PM2.5'') national ambient air quality standards by the
December 31, 2019 ``Serious'' area attainment date. This proposed
determination is based on ambient air quality monitoring data from 2017
through 2019. If the EPA finalizes this determination as proposed, the
State of California will be required to submit a revision to the
California State Implementation Plan that, among other elements,
provides for expeditious attainment within the time limits prescribed
by regulation and provides for a five percent annual reduction in the
emissions of direct PM2.5 or a PM2.5 plan
precursor pollutant. We are also proposing to correct an error in the
table of California area designations for the 2006 PM2.5
national ambient air quality standards.
DATES: Comments must be received on or before August 10, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0309 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office
(AIR-2), EPA Region IX, (415) 972-3964, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. PM2.5 National Ambient Air Quality Standards
B. South Coast Designations, Classifications, and Attainment
Dates for the 2006 PM2.5 NAAQS
II. Proposed Determination and Consequences
A. Applicable Statutory and Regulatory Provisions
B. Monitoring Network Considerations
C. Data Considerations and Proposed Determination
D. Consequences for a Serious PM2.5 Nonattainment
Area Failing To Attain the Standards by the Attainment Date
III. Proposed Error Correction
IV. Proposed Actions and Request for Public Comment
V. Statutory and Executive Order Reviews
I. Background
A. PM2.5 National Ambient Air Quality Standards
Under section 109 of the Clean Air Act (CAA or ``Act''), the EPA
has established national ambient air quality standards (NAAQS or
``standards'') for certain pervasive air pollutants (referred to as
``criteria pollutants'') and conducts periodic reviews of the NAAQS to
determine whether they should be revised or whether new NAAQS should be
established.
In October 2006, the EPA revised the 24-hour NAAQS for fine
particulate matter (particles with a diameter of 2.5 microns or less or
PM2.5) \1\ (``2006 PM2.5 NAAQS'') to provide
increased protection of public health by lowering
[[Page 41480]]
its level from 65 micrograms per cubic meter ([mu]g/m\3\) to 35 [mu]g/
m\3\.\2\
---------------------------------------------------------------------------
\1\ The EPA established both primary and secondary standards for
the 2006 24-hour PM2.5 NAAQS. Primary standards provide
public health protection, including protecting the health of
``sensitive'' populations such as asthmatics, children, and the
elderly. Secondary standards provide public welfare protection,
including protection against decreased visibility and damage to
animals, crops, vegetation, and buildings. Since the primary and
secondary standards for 24-hour PM2.5 are set at the same
level, we refer to them herein using the singular ``2006
PM2.5 NAAQS'' or ``2006 PM2.5 standard.''
\2\ 71 FR 61144 (October 17, 2006). The EPA set the first NAAQS
for PM2.5 on July 18, 1997 (62 FR 36852), including
annual standards of 15 [mu]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations and 24-hour (daily)
standards of 65 [mu]g/m\3\ based on a 3-year average of 98th
percentile 24-hour concentrations (40 CFR 50.7). In 2012, the EPA
revised the annual standard to lower its level to 12 [mu]g/m\3\. 78
FR 3086 (January 15, 2013), codified at 40 CFR 50.18. Unless
otherwise noted, all references to the PM2.5 standard in
this notice are to the 2006 24-hour standard of 35 [mu]g/m\3\
codified at 40 CFR 50.13.
---------------------------------------------------------------------------
Epidemiological studies have shown statistically significant
correlations between elevated PM2.5 levels and premature
mortality. Other important health effects associated with
PM2.5 exposure include aggravation of respiratory and
cardiovascular disease (as indicated by increased hospital admissions,
emergency room visits, absences from school or work, and restricted
activity days), changes in lung function and increased respiratory
symptoms. There is also new evidence for more subtle indicators of
cardiovascular health. Individuals particularly sensitive to
PM2.5 exposure include older adults, people with heart and
lung disease, and children.\3\
---------------------------------------------------------------------------
\3\ EPA, Air Quality Criteria for Particulate Matter, No. EPA/
600/P-99/002aF and EPA/600/P-99/002bF, October 2004.
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PM2.5 can be emitted directly into the atmosphere as a
solid or liquid particle (primary PM2.5 or direct
PM2.5) or can be formed in the atmosphere as a result of
various chemical reactions from precursor emissions of nitrogen oxides,
sulfur oxides, volatile organic compounds, and ammonia (secondary
PM2.5).\4\
---------------------------------------------------------------------------
\4\ 81 FR 58010, 58011 (August 24, 2016).
---------------------------------------------------------------------------
B. South Coast Designations, Classifications, and Attainment Dates for
the 2006 PM2.5 NAAQS
Following promulgation of a new or revised NAAQS, the EPA is
required under CAA section 107(d) to designate areas throughout the
nation as attaining or not attaining the NAAQS. Effective December 14,
2009, the EPA designated Los Angeles-South Coast Air Basin (``South
Coast'') as a nonattainment area for the 2006 PM2.5
NAAQS.\5\ In June 2014, the EPA classified the South Coast as a
``Moderate'' nonattainment area for the 2006 PM2.5 NAAQS
under subpart 4 of part D, title I of the Act.\6\
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\5\ 74 FR 58688 (November 13, 2009). The South Coast 2006
PM2.5 NAAQS nonattainment area includes Orange County,
the southwestern two-thirds of Los Angeles County, southwestern San
Bernardino County, and western Riverside County. A precise
description of the South Coast PM2.5 nonattainment area
is contained in 40 CFR 81.305. The South Coast PM2.5
nonattainment area is home to about 17 million people, has a diverse
economic base, and contains one of the highest volume port areas in
the world.
\6\ 79 FR 31566 (June 2, 2014).
---------------------------------------------------------------------------
In January 2016, the EPA reclassified the South Coast as a Serious
nonattainment area, based on our determination that the area could not
practicably attain the 2006 PM2.5 NAAQS by the applicable
attainment date of December 31, 2015.\7\ As a consequence, California
was required to submit a nonattainment new source review program
revision and a Serious area attainment plan, including a demonstration
that the plan provides for attainment of the 2006 PM2.5
NAAQS in the South Coast as expeditiously as practicable, but no later
than December 31, 2019, which is the latest permissible attainment date
under CAA section 188(c)(2).
---------------------------------------------------------------------------
\7\ 81 FR 1514 (January 13, 2016).
---------------------------------------------------------------------------
The local air district with primary responsibility for developing a
plan to attain the 2006 PM2.5 NAAQS in this area is the
South Coast Air Quality Management District (``District'' or SCAQMD).
The District works cooperatively with the California Air Resources
Board (CARB) in preparing these plans. Authority for regulating sources
in the South Coast is split between the District, which has
responsibility for regulating stationary and most area sources, and
CARB, which has responsibility for regulating most mobile sources and
some categories of consumer products. In 2017, in response to the
area's classification as a Serious nonattainment area for the 2006
PM2.5 NAAQS, SCAQMD and CARB prepared and submitted state
implementation plan (SIP) revisions to address the related CAA
requirements.\8\ In 2019, the EPA approved the SIP revisions for the
South Coast for the 2006 PM2.5 NAAQS except for the
contingency measure element.\9\ On June 5, 2020, the EPA Region IX
Regional Administrator signed a notice proposing to conditionally
approve the contingency measure element as meeting the applicable
Serious area requirements for the 2006 PM2.5 NAAQS.\10\
---------------------------------------------------------------------------
\8\ The first SIP revision submission is the 2006
PM2.5 NAAQS portion of the ``Final 2016 Air Quality
Management Plan (March 2017),'' adopted by the SCAQMD Governing
Board on March 3, 2017 (``2016 AQMP''). CARB submitted the 2016 AQMP
to the EPA on April 27, 2017. The second submission, also submitted
to the EPA on April 27, 2017, is CARB's ``2016 State Strategy for
the State Implementation Plan (March 2017)'' (``2016 State
Strategy'').
\9\ 84 FR 3305 (February 12, 2019).
\10\ A pre-publication copy of this proposal is included in the
docket for this rulemaking. We expect it to be published in the
Federal Register soon.
---------------------------------------------------------------------------
II. Proposed Determination and Consequences
A. Applicable Statutory and Regulatory Provisions
Sections 179(c)(1) and 188(b)(2) of the CAA require the EPA to
determine whether a PM2.5 nonattainment area attained the
applicable PM2.5 NAAQS by its applicable attainment date,
based on the area's air quality as of the attainment date.
A determination of whether an area's air quality meets the
PM2.5 NAAQS is generally based upon the most recent three
years of complete, quality-assured data gathered at established state
and local air monitoring stations (SLAMS) in a nonattainment area and
entered into the EPA's Air Quality System (AQS) database. Data from
ambient air monitors operated by state and local agencies in compliance
with the EPA monitoring requirements must be submitted to AQS.
Monitoring agencies annually certify that these data are accurate to
the best of their knowledge. Accordingly, the EPA relies primarily on
data in AQS when determining the attainment status of areas.\11\ All
data are reviewed to determine the area's air quality status in
accordance with 40 CFR part 50, Appendix N.
---------------------------------------------------------------------------
\11\ See 40 CFR 50.13; 40 CFR part 50, Appendix N; 40 CFR part
53; 40 CFR part 58, and 40 CFR part 58, Appendices A, C, D, and E.
---------------------------------------------------------------------------
Under EPA regulations in 40 CFR 50.13 and in accordance with 40 CFR
part 50, Appendix N, the 2006 PM2.5 NAAQS is met when the
design value is less than or equal to 35 [mu]g/m\3\ at each eligible
monitoring site within the area.\12\ 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.
---------------------------------------------------------------------------
\12\ The 24-hour PM2.5 standard design value is the
3-year average of 98th percentile concentrations, and the 2006 24-
hour PM2.5 NAAQS are met when the standard design value
at each eligible monitoring site is less than or equal to 35.0
[mu]g/m\3\.
---------------------------------------------------------------------------
B. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA requires states to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. Our monitoring requirements are specified
by regulation in 40 CFR part 58. These requirements are applicable to
state and, where delegated, local air monitoring agencies that operate
criteria pollutant monitors. Our regulations in 40 CFR part 58
establish specific requirements for operating air quality surveillance
networks to measure ambient concentrations of PM2.5,
including requirements for measurement methods,
[[Page 41481]]
network design, quality assurance procedures, and in the case of large
urban areas, the minimum number of monitoring sites designated as
SLAMS.
In section 4.7 of Appendix D to 40 CFR part 58, the EPA specifies
design criteria for PM2.5 monitoring at SLAMS. SLAMS produce
data that are eligible for comparison with the NAAQS, and therefore,
the monitor must be an approved federal reference method (FRM), federal
equivalent method (FEM), or approved regional method (ARM). The minimum
number of SLAMS required is described in section 4.7.1, and can be met
by either filter-based or continuous FRMs or FEMs. The monitoring
regulations also provide that each core-based statistical area must
operate a minimum number of PM2.5 continuous monitors
(section 4.7.2); however, this requirement can be met by either an FEM
or a non-FEM continuous monitor, and the continuous monitors can be
located with other SLAMS or at a different location. Consequently, the
monitoring requirements for PM2.5 can be met with filter-
based FRMs/FEMs, continuous FEMs, continuous non-FEMs, or a combination
of monitors at each required SLAMS.
Under 40 CFR 58.10, states are required to submit annual network
plans for ambient air monitoring networks for approval by the EPA.
Within the South Coast Air Basin, the District and the Pechanga Band of
Luiseno Mission Indians of the Pechanga Reservation (``Pechanga Band'')
are the agencies responsible for assuring that the area meets
PM2.5 air quality monitoring requirements. The District
submits annual monitoring network plans (ANP) to the EPA that describe
the various monitoring sites operated by the District. The Pechanga
Band does the same for the monitoring site it operates. These plans
discuss the status of the air monitoring network, as required under 40
CFR 58.10. The EPA regularly reviews these annual network plans for
compliance with the applicable reporting requirements in 40 CFR part
58. The most recent plan submitted by the District is the 2019 ANP,
dated July 1, 2019. On October 29, 2019, the EPA approved those
portions of the District's 2019 ANP that pertain to the adequacy of the
network for PM2.5 monitoring purposes.\13\ The most recent
plan submitted by the Pechanga Band is the 2018 ANP, dated July 1,
2018. On October 29, 2018, the EPA approved those portions of the
Pechanga Band's 2018 ANP that pertain to the adequacy of the network
for PM2.5 monitoring purposes.\14\ Although the EPA has not
received the 2019 ANP for the Pechanga Band, because we have approved
the 2018 ANP elements and because the Pechanga Band's monitoring site
is one of the lower design value sites in the area, approval of a 2019
ANP is not necessary for this action.
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\13\ Letter dated October 29, 2019, from Gwen Yoshimura,
Manager, EPA Region IX, Air Quality Analysis Office, to Matt
Miyasato, Deputy Executive Officer, Science and Technology
Advancement, SCAQMD.
\14\ Letter dated October 29, 2018, from Gwen Yoshimura,
Manager, EPA Region IX, Air Quality Analysis Office, to Kelcey
Stricker, Environmental Director, Pechanga Band of Luiseno Mission
Indians of the Pechanga Reservation.
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During the 2017-2019 period, PM2.5 ambient concentration
data that are eligible for use in determining whether an area has
attained the PM2.5 NAAQS were collected at a total of 18
sites within the South Coast. The District operates 17 of these sites
while the Pechanga Band operates one site. All of the sites are
designated SLAMS for PM2.5.\15\ The primary monitors at all
17 District sites are FRMs, while the primary monitor at the Pechanga
site is a beta attenuation monitor FEM.
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\15\ There are a number of other PM2.5 monitoring
sites within the South Coast, including other sites operated by the
District, the National Park Service, and certain Indian tribes, but
the data collected from these sites are non-regulatory and not
eligible for use in determining whether the South Coast has attained
the PM2.5 NAAQS.
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Based on our review of the PM2.5 monitoring network, we
find that the monitoring network in the South Coast is adequate for the
purpose of collecting ambient PM2.5 concentration data for
use in determining whether the South Coast attained the 2006 24-hour
PM2.5 NAAQS by the December 31, 2019 attainment date.
C. Data Considerations and Proposed Determination
Under 40 CFR 58.15, monitoring agencies must submit a letter to the
EPA each year to certify that all of the ambient concentration and
quality assurance data for the previous year have been submitted to AQS
and that the ambient concentration data are accurate to the best of
their knowledge, taking into consideration the quality assurance
findings. The letter must address data for all FRM, FEM, and ARM
monitors at SLAMS and special purpose monitoring stations that meet the
criteria specified in 40 CFR 58, Appendix A. The District \16\ and the
Pechanga Band \17\ submit this certification annually, as required by
40 CFR 58.15.
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\16\ For example, see letter dated April 30, 2020, from Jason
Low, Assistant Deputy Executive Officer, Science and Technology
Advancement, SCAQMD, to John Busterud, Regional Administrator, EPA
Region IX, certifying calendar year 2019 ambient air quality data
and quality assurance data.
\17\ For example, see letter dated April 29, 2020, from Kelcey
Stricker, Environmental Director, Pechanga Band of Luiseno Mission
Indians of the Pechanga Reservation, to Gwen Yoshimura, Manager, Air
Quality Analysis Office, EPA Region IX, certifying calendar year
2019 ambient air quality data and quality assurance data.
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As noted in section II.A of this document, CAA sections 179(c)(1)
and 188(b)(2) require the EPA to determine whether a PM2.5
nonattainment area attained the applicable PM2.5 standards
by the applicable attainment date, based on the area's air quality ``as
of the attainment date.'' For the reasons discussed in section I.B of
this document, the South Coast's attainment date for the 2006 24-hour
PM2.5 NAAQS was December 31, 2019. Because determinations of
PM2.5 NAAQS compliance are based on three calendar years of
data,\18\ to determine the South Coast's air quality as of December 31,
2019, we reviewed the data collected during the three-year period
immediately preceding December 31, 2019, i.e., January 1, 2017-December
31, 2019.
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\18\ 40 CFR part 50, Appendix N.
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We verified that the data for the 2017-2019 period have been
certified by the District, and then we reviewed the data for
completeness.\19\ We described the most recent annual data
certifications from the District and the Pechanga Band in section II.B
of this document. With respect to completeness, we determined that the
data collected by the District meet the quarterly completeness
criterion for all 12 quarters of the three-year period at most of the
PM2.5 monitoring sites in the South Coast.
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\19\ The Pechanga Band has not yet submitted a letter certifying
data for calendar year 2018. However, certified data from the
District for 2017-2019 are sufficient to demonstrate that the area
did not attain the NAAQS during this period.
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More specifically, among the 18 PM2.5 monitoring sites
from which regulatory data are available, the data from 6 of the sites
did not meet the 75% completeness criterion for at least one quarter in
the 2017-2019 period; however, the data from all but one site
(Pechanga) are sufficient nonetheless to produce a valid design value
for the 24-hour PM2.5 NAAQS pursuant to the rules governing
design value validity in 40 CFR part 50, Appendix N, section 4.2. We
note that monitors with incomplete data in one or more quarters may
still produce valid design values if the conditions for applying one of
the EPA's data substitution tests are met.\20\
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\20\ See 40 CFR part 50, Appendix N, section 4.2(b) for the 24-
hour PM2.5 NAAQS.
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[[Page 41482]]
Table 1 shows the 24-hour PM2.5 design values at each of
the 18 monitoring sites within the South Coast nonattainment area for
the relevant three-year period (2017-2019). The table shows that the
24-hour PM2.5 design values for the 2017-2019 period are
greater than 35.0 [mu]g/m\3\ at two of the sites.
Table 1--2017-2019 24-Hour PM2.5 Design Values for the South Coast Nonattainment Area
----------------------------------------------------------------------------------------------------------------
98th percentile ([mu]g/m\3\) 2017-2019 24-
------------------------------------ hour design
General location Site (AQS ID) values ([mu]g/
2017 2018 2019 m\3\)
----------------------------------------------------------------------------------------------------------------
Los Angeles County
----------------------------------------------------------------------------------------------------------------
East San Gabriel Valley............. Azusa (06-037-0002)... 21.2 30.2 22.8 25
Central Los Angeles................. Los Angeles (Main St.) 30.9 34.1 28.3 31
(06-037-1103).
West San Fernando Valley............ Reseda (06-037-1201).. 20.7 23.8 26.3 24
South Central Los Angeles County.... Compton (06-037-1302). 53.4 34.8 26.6 38
South San Gabriel Valley............ Pico Rivera #2 (06-037- 29.5 35.4 27.5 31
1602).
West San Gabriel Valley............. Pasadena (06-037-2005) 18.8 29.5 27.5 25
South Coastal Los Angeles County.... Long Beach (North) (06- 32.3 33.0 20.7 29
037-4002).
South Coastal Los Angeles County.... South Long Beach (06- 31.1 33.5 23.2 29
037-4004).
South Coastal Los Angeles County.... Long Beach-Route 710 35.6 36.1 26.4 33
Near Road (06-037-
4008).
----------------------------------------------------------------------------------------------------------------
Orange County
----------------------------------------------------------------------------------------------------------------
Central Orange County............... Anaheim (06-059-0007). 38.1 32.1 23.8 31
Saddleback Valley................... Mission Viejo (06-059- 15.0 20.3 14.7 17
2022).
----------------------------------------------------------------------------------------------------------------
Riverside County
----------------------------------------------------------------------------------------------------------------
Temecula Valley..................... Pechanga (06-065-0009) 13.6 14.7 9.5 * 13
Metropolitan Riverside County....... Rubidoux (06-065-8001) 30.7 28.2 32.7 31
Mira Loma........................... Mira Loma (Van Buren) 39.9 34.2 36.2 37
(06-065-8005).
----------------------------------------------------------------------------------------------------------------
San Bernardino County
----------------------------------------------------------------------------------------------------------------
Southwest San Bernardino Valley..... Ontario-Route 60 Near 36.9 32.7 31.4 34
Road (06-071-0027).
Central San Bernardino Valley....... Fontana (06-071-2002). 26.5 26.8 35.7 30
East San Bernardino Mountains....... Big Bear (06-071-8001) 23.5 16.0 31.0 24
Central San Bernardino Valley....... San Bernardino (06-071- 25.6 22.9 34.8 28
9004).
----------------------------------------------------------------------------------------------------------------
* The design value for the Pechanga site is invalid. All other design values are valid.
Source: EPA, AQS Design Value Report (AMP480), Report Request ID: 1846520, June 3, 2020.
For an area to attain the 2006 PM2.5 NAAQS by December
31, 2019, the 2019 design value (reflecting data from 2017-2019) at
each eligible monitoring site must be equal to or less than 35 [mu]g/
m\3\. Table 1 shows that the 2019 design values at two sites in the
South Coast are greater than that value. The 2019 annual design value
site, i.e., the site with the highest design value based on 2017-2019
data, is the Compton site with a 2019 24-hour PM2.5 design
value of 38 [mu]g/m\3\. Therefore, based on quality-assured and
certified data for 2017-2019, we are proposing to determine that the
South Coast failed to attain the 2006 PM2.5 standard by the
December 31, 2019 attainment date.
A monitoring agency may request that the EPA exclude data showing
exceedances or violations of the standard from use in regulatory
determinations by demonstrating that an exceptional event caused a
specific air pollution concentration at a particular air quality
monitoring location.\21\ If the EPA concurs that the exceedance or
violation was caused by an exceptional event, the relevant data will be
excluded from the design value calculation. A monitoring agency
notifies the EPA of its intent to request exclusion of concentrations
by placing a ``flag'' in the appropriate AQS field for the data of
concern.
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\21\ 40 CFR 50.14.
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For PM2.5 ambient data collected from 2017-2019, the
District flagged one 24-hour concentration at the Compton site and two
24-hour concentrations at the Mira Loma site due to fireworks, and one
additional 24-hour concentration at the Compton site due to wildfire.
The District also flagged multiple 24-hour concentrations at several
other sites in the South Coast due to either fireworks or wildfire;
however, these sites already have attaining design values for the 24-
hour PM2.5 NAAQS.\22\
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\22\ EPA, AQS Raw Data Qualifier Report (AMP360), Report Request
ID: 1846503, June 3, 2020.
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The State has not provided a demonstration that the flagged data
were caused by exceptional events and has not requested EPA concurrence
on the flagged data. Consequently, the EPA has not reviewed the flagged
data to determine if they were influenced by an exceptional event, and
the flagged data are included in the set of data used to determine
whether the standard was attained. However, even if the flagged data
were excluded, the two exceeding design values reported in Table 1
would remain above the NAAQS.\23\
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\23\ EPA, AQS Design Value Report (AMP480), Report Request ID:
1846500, June 3, 2020.
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Specifically, if all the flagged data were to be excluded, the 2019
24-hour PM2.5 design value at the Compton monitoring site
would be 37 [micro]g/m\3\ instead of 38 [micro]g/m\3\ and the design
value for the Mira Loma site would
[[Page 41483]]
remain 37 [micro]g/m\3\. Thus, the two sites would still fail to attain
the applicable standard of 35 [micro]g/m\3\. Also, exclusion of flagged
data at other sites in the South Coast area that already have design
values that attain the NAAQS would not affect the conclusions regarding
the two sites that have design values above the NAAQS.
D. Consequences for a Serious PM2.5 Nonattainment Area Failing To
Attain the Standards by the Attainment Date
The consequences for a Serious PM2.5 nonattainment area
for failing to attain the NAAQS by the applicable attainment date are
set forth in CAA sections 179(d) and 189(d) and in 40 CFR 51.1003(c).
Under these provisions, a state must submit a SIP revision for the area
meeting the requirements of CAA section 110 and 172, the latter of
which requires, among other elements, a demonstration of attainment and
reasonable further progress, and contingency measures. CAA section
189(d) requires that the SIP revision must provide for attainment of
the standards and, from the date of the SIP submittal until attainment,
for an annual reduction in the emissions of direct PM2.5 or
a PM2.5 plan precursor pollutant within the area of not less
than five percent of the amount of such emissions as reported in the
most recent inventory prepared for such area.\24\ The requirement for a
new attainment demonstration under CAA section 189(d) also triggers the
requirement for the SIP revision for quantitative milestones as set
forth in 40 CFR 51.1013.
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\24\ 40 CFR 51.1003(c). The EPA defines PM2.5 plan
precursor as those PM2.5 precursors required to be
regulated in the applicable attainment plan and/or nonattainment new
source review program. 40 CFR 51.1000.
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The new attainment date is set by 40 CFR 51.1004(a)(3). Under 40
CFR 51.1004(a)(3), the new attainment date is the date by which
attainment can be achieved as expeditiously as practicable, but no
later than five years from the effective date of the final
determination of failure to attain. The EPA may extend the attainment
date for a period no greater than 10 years from the effective date of
the final determination, considering the severity of nonattainment and
the availability and feasibility of pollution control measures. Lastly,
consistent with section 179(d) of the CAA, 40 CFR 51.1003(c) requires
that the state submit the required SIP revision within 12 months after
the applicable Serious area attainment date that was missed. If the EPA
finalizes this proposed rule, the State of California will be required
to submit a SIP revision that complies with CAA sections 179(d) and
189(d) and 40 CFR 51.1003(c) within 12 months of December 31, 2019,
i.e., by December 31, 2020.
III. Proposed Error Correction
Section 110(k)(6) of the CAA, as amended in 1990, provides that,
whenever the EPA determines that the EPA's action approving,
disapproving, or promulgating any plan or plan revision (or part
thereof), area designation, redesignation, classification or
reclassification was in error, the EPA may in the same manner as the
approval, disapproval, or promulgation revise such action as
appropriate without requiring any further submission from the state.
As described in section I.B of this document, in 2009, the EPA
designated areas of the country for the 2006 PM2.5
NAAQS.\25\ In so doing, we excluded the lands of the Santa Rosa Band of
Cahuilla Mission Indians in Riverside County from the South Coast
nonattainment area and designated the lands as a separate
``Unclassifiable/Attainment'' area for the 2006 PM2.5
NAAQS.\26\ In 2014, in response to a court decision affecting the
implementation of the PM2.5 NAAQS, we classified the South
Coast as Moderate for the 2006 PM2.5 NAAQS.\27\ Our 2014
final rule again excluded the lands of the Santa Rosa Band of Cahuilla
Mission Indians in Riverside County from the South Coast Moderate
nonattainment area and again listed the lands as a separate
unclassifiable/attainment area for the 2006 PM2.5 NAAQS.\28\
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\25\ 74 FR 58688 (November 13, 2009). The area designations for
California are promulgated at 40 CFR 81.305.
\26\ Id., at 58708.
\27\ 79 FR 31566 (June 2, 2014).
\28\ Id., at 31597.
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In 2016, we reclassified the South Coast from Moderate to Serious
for the 2006 PM2.5 standard, but we erroneously considered
the lands of the Santa Rosa Band of Cahuilla Mission Indians in
Riverside County to be part of the South Coast Moderate nonattainment
area and revised the designation for lands of the Santa Rosa Band of
Cahuilla Mission Indians in Riverside County from unclassifiable/
attainment to Serious nonattainment. The inclusion of the lands of the
Santa Rosa Band of Cahuilla Mission Indians in Riverside County as part
of the South Coast in our 2016 action was clearly in error because we
did not propose any change in designations, such as a change in
designation from unclassifiable/attainment to nonattainment, but rather
only proposed a change to the classification of an existing
nonattainment area.\29\ In our 2016 action, we erroneously reclassified
the lands of the Santa Rosa Band of Cahuilla Mission Indians in
Riverside County to Serious in concert with the reclassification of the
South Coast nonattainment area in which we mistakenly thought the lands
were located. We are proposing to correct this error and revise the
table for California area designations for the 2006 PM2.5
NAAQS in 40 CFR 81.305, accordingly.
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\29\ 80 FR 63640 (October 20, 2015) (proposed reclassification
of the South Coast from Moderate to Serious for the 2006
PM2.5 NAAQS).
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IV. Proposed Actions and Request for Public Comment
Under CAA sections 179(c)(1) and 188(b)(2), the EPA proposes to
determine that the South Coast ``Serious'' PM2.5
nonattainment area has failed to attain the 2006 PM2.5 NAAQS
by the applicable attainment date of December 31, 2019. If finalized as
proposed, the State of California will be required under 40 CFR
51.1003(c) to submit a revision to the SIP for the South Coast that,
among other elements, demonstrates expeditious attainment of the NAAQS
within the time period prescribed by 40 CFR 51.1004(a)(3) and that
provides for annual reduction in the emissions of direct
PM2.5 or a PM2.5 plan precursor pollutant within
the area of not less than five percent until attainment. The SIP
revision required under 40 CFR 51.1003(c) would be due for submittal to
the EPA no later than December 31, 2020.
We are also proposing to correct an error in a previous rulemaking
and restore the designation of ``Unclassifiable/Attainment'' for the
2006 PM2.5 NAAQS for the lands of the Santa Rosa Band of
Cahuilla Mission Indians in Riverside County in the appropriate table
in 40 CFR 81.305.
The EPA is soliciting public comments on the issues discussed in
this document. We will accept comments from the public on this proposal
for the next 30 days. We will consider these comments before taking
final action.
V. Statutory and Executive Order Reviews
This proposed action in and of itself establishes no new
requirements; it merely documents that air quality in the South Coast
did not meet the 2006 PM2.5 NAAQS by the applicable
attainment date. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office
[[Page 41484]]
of Management and Budget under Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed 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 proposed action will not impose substantial direct
costs on tribal governments or preempt tribal law. Nonetheless, the EPA
has notified the tribes within the South Coast PM2.5
nonattainment area of the proposed action and offered formal
consultation. No tribe requested formal consultation.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 26, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-14299 Filed 7-9-20; 8:45 am]
BILLING CODE 6560-50-P
