Finding of Failure To Attain the 2006 24-Hour Fine Particulate Matter Standards; California; Los Angeles-South Coast Air Basin, 57733-57736 [2020-19588]
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
• 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, 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 EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. Accordingly, the
rule does not have tribal implications
and will not impose substantial direct
costs on tribal governments or preempt
tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. 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
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cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 16,
2020. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: August 20, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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 TT—Utah
2. Amend § 52.2355 by adding
paragraph (e) to read as follows:
■
§ 52.2355 Section 110(a)(2) infrastructure
requirements.
*
*
*
*
*
(e) Gary R. Herbert, Governor, State of
Utah, provided submissions to meet the
infrastructure requirements for the State
of Utah for the 2015 ozone NAAQS on
January 29, 2020. The State’s
Infrastructure SIP is approved with
respect to the 2015 ozone NAAQS for
the following CAA section 110(a)(2)
infrastructure elements: (A), (B), (C),
(D)(i)(II) Prong 3, (D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
[FR Doc. 2020–18780 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2020–0309; FRL–10014–
44–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: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) has determined 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
determination is based on ambient air
quality monitoring data from 2017
through 2019. As a result of this
determination, the State of California is
required to submit a revision to the
California State Implementation Plan
(SIP) 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
correcting an error in the table of
California area designations for the 2006
PM2.5 national ambient air quality
standards.
DATES: This rule is effective October 16,
2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2020–0309. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information may not be publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov. Please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
SUMMARY:
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone at 415–972–3964, or by
email at Vagenas.Ginger@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Background
II. Public Comments and Responses
III. Final Action
IV. Statutory and Executive Order Reviews
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I. Background
On July 10, 2020 (85 FR 41479), the
EPA proposed to determine that the Los
Angeles-South Coast Air Basin (‘‘South
Coast’’) Serious nonattainment area
failed to attain the 2006 PM2.5 national
ambient air quality standards
(NAAQS) 1 by the applicable attainment
date of December 31, 2019. Our
proposed determination was based on
complete, quality-assured, and certified
ambient air quality date for the 2017 to
2019 monitoring period. 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.2
Our proposed rule provided
background information on the effects of
exposure to elevated levels of PM2.5, the
designation and classification of the
South Coast under the Clean Air Act
(CAA) for the 2006 PM2.5 NAAQS, the
plans developed by California to
address nonattainment area
requirements for the South Coast, the
reclassification of the area from
‘‘Moderate’’ to ‘‘Serious,’’ and the
related extension of the applicable
attainment date to December 31, 2019.3
In our July 10, 2020 proposed rule, we
also described the following: the
statutory basis (i.e., CAA sections
1 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) (‘‘2006
PM2.5 NAAQS’’) to provide increased protection of
public health by lowering its level from 65
micrograms per cubic meter (mg/m3) to 35 mg/m3. 71
FR 61144 (October 17, 2006). 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 A precise description of the South Coast PM
2.5
nonattainment area is contained in 40 CFR 81.305.
3 85 FR 41479, 41480.
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179(c)(1) and 188(b)(2)) for the
obligation on the EPA to determine
whether an area’s air quality meets the
2006 PM2.5 NAAQS; the EPA regulations
establishing the specific methods and
procedures to determine whether an
area has attained the 2006 PM2.5
NAAQS; and the PM2.5 monitoring
networks operated in the South Coast by
the South Coast Air Quality
Management District and the Pechanga
Band of Luiseno Mission Indians of the
Pechanga Reservation and related
monitoring network plans.4 We also
documented our previous review of the
networks and network plans, the
agencies’ annual certifications of
ambient air monitoring data, and our
determination that 17 of the 18
monitoring sites within the South Coast
produced valid design values for
purposes of comparison with the 2006
PM2.5 NAAQS.5
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 35.0 mg/m3. More
specifically, the design value is the 3year average of annual 98th percentile
24-hour average values recorded at each
eligible monitoring site, and the 2006
PM2.5 NAAQS are met when the design
value for the 24-hour standards at each
such monitoring site is less than or
equal to 35 mg/m3.
In our proposed rule, to evaluate
whether the South Coast attained the
2006 PM2.5 NAAQS by the December 31,
2019 attainment date, we determined
the 2017–2019 design values at each of
the 18 PM2.5 monitoring sites for the 24hour PM2.5 standard. See Table 1 of our
July 10, 2020 proposed rule.6 Based on
the valid design values at 17 of the sites,
we found that two sites did not meet the
2006 PM2.5 NAAQS of 35 mg/m3 by the
December 31, 2019 attainment date: the
Compton site in Los Angeles County
and the Mira Loma site in Riverside
County. The 2019 24-hour 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.
For the South Coast 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 in the South Coast must
be equal to or less than 35 mg/m3.
Because at least one site had 2019
design values greater than 35 mg/m3, we
proposed to determine that the South
Coast failed to attain the 2006 PM2.5
standard by the December 31, 2019
attainment date and described the CAA
requirements that would apply if the
EPA were to finalize the proposed
finding of failure to attain.7 With today’s
action, we finalize this determination.
In addition to our proposed finding of
failure to attain, we proposed under
CAA section 110(k)(6) to correct an error
that we introduced into the table for
California designations for the 2006
PM2.5 NAAQS in 40 CFR 81.305.8 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 those lands
from unclassifiable/attainment to
Serious nonattainment. We are
finalizing our correction of this error by
revising the table for California area
designations for the 24-hour PM2.5
NAAQS to indicate the designation is
unclassifiable/attainment for the lands
of the Santa Rosa Band of Cahuilla
Mission Indians in Riverside County.
Please see our July 10, 2020 proposed
rule for more information about the
topics summarized above.
Since our proposed rule, we have
discovered that PM2.5 data excluded
from the design values calculated at
certain monitoring sites, and presented
in Table 1 of our proposed rule, should
not have been excluded.9 The
monitoring sites for which 2019 design
values may change once this issue is
resolved include Rubidoux, Anaheim,
South Long Beach, Los Angeles (Main
Street), Mira Loma, Long Beach Route
710, and Ontario Route 60. This issue
does not affect our determination that
the South Coast failed to attain the 2006
PM2.5 NAAQS by the applicable
attainment date because our
determination needs only a single
violating monitor over the relevant time
period to be adequately supported, and
the violating monitor at the Compton
site is not affected by this issue. We will
continue to work with the District on
this issue as they develop the SIP
revision triggered by the determination
that we are finalizing today.
II. Public Comments and Responses
Our July 10, 2020 proposed rule
provided a 30-day public comment
period that closed on August 10, 2020.
During this period, one anonymous
7 Id.
at 41483.
8 Id.
4 Id.
at 41480–41481.
at 41481.
6 Id. at 41482.
9 See email from Jennifer Williams, EPA Region
IX, to Rene Bermudez, SCAQMD, dated August 5,
2020.
5 Id.
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
comment letter was submitted by a
member of the public. The comments in
the letter are generally supportive of the
proposed determination, but also raise
issues that are outside of the scope of
this rulemaking, including suggestions
to the State and local governments in
the South Coast for use in developing
the revised plan. The beyond-the-scope
comments do not relate to any of the
specific topics discussed in the
proposal, nor do they address the EPA’s
rationale for the proposed determination
of failure to attain. Consequently, the
EPA is not responding to the comments
and is finalizing the action as proposed.
The comment letter we received is
included in the docket for this action.
III. Final Action
Under CAA sections 179(c)(1) and
188(b)(2), the EPA is taking final action
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. In response to this
determination, the State of California is
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.10 The SIP revision required
under 40 CFR 51.1003(c) is due for
submittal to the EPA no later than
December 31, 2020.
We are also correcting an error in a
previous rulemaking and restoring 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.
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IV. Statutory and Executive Order
Reviews
This 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 action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
10 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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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 (Public Law 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 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. Nonetheless, the EPA
notified the tribes within the South
Coast PM2.5 nonattainment area of the
proposed action and offered formal
consultation. No tribe requested formal
consultation.
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
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57735
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by November 16,
2020. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects
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: August 28, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, the EPA amend chapter I, title
40 of the Code of Federal Regulations 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 (n) to read as follows:
■
§ 52.247 Control strategy and regulations:
Fine Particle Matter.
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(n) Determination of Failure to Attain:
Effective October 16, 2020, the EPA has
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Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations
determined that the Los Angeles-South
Coast Air Basin Serious PM2.5
nonattainment area failed to attain the
2006 24-hour PM2.5 NAAQS by the
applicable attainment date of December
31, 2019. This determination triggers the
requirements of CAA sections 179(d)
and 189(d) for the State of California to
submit a revision to the California SIP
for the Los Angeles-South Coast Air
Basin to the EPA by December 31, 2020.
The SIP revision must, among other
elements, demonstrate expeditious
attainment of the 2006 24-hour PM2.5
NAAQS within the time period
provided under CAA section 179(d) 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.
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
Subpart C—Section 107 Attainment
Status Designations
4. In § 81.305 amend the table entitled
‘‘California—2006 24-Hour PM2.5
NAAQS [Primary and Secondary]’’
under the heading ‘‘Los Angeles-South
Coast Air Basin, CA’’ by revising the
entry for ‘‘That part of the lands of the
Santa Rosa Band of Cahuilla Mission
Indians which is excluded from the
Riverside County (part) nonattainment
area’’ to read as follows:
■
§ 81.305
Authority: 42 U.S.C. 7401 et seq.
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California.
*
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CALIFORNIA—24-HOUR 2006 PM2.5 NAAQS
[Primary and Secondary]
Designation a
Classification
Designated area
Date 1
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Los Angeles-South Coast Air Basin, CA:
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That part of the lands of the Santa Rosa Band of Cahuilla Mission Indians which is excluded from the Riverside County
(part) nonattainment area.
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a
1
2
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...........................
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Unclassifiable/
Attainment.
*
Date 2
Type
*
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*
Includes Indian County located in each county or area, except as otherwise specified.
This date is 30 days after November 13, 2009, unless otherwise noted.
This date is July 2, 2014, unless otherwise noted.
*
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[FR Doc. 2020–19588 Filed 9–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2019–0590; FRL–10014–
25–Region 5]
Air Plan Approval; Designation of
Areas for Air Quality Planning
Purposes; Indiana; Redesignation of
the Morgan County Sulfur Dioxide
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
In accordance with the Clean
Air Act (CAA), the Environmental
Protection Agency (EPA) is
redesignating the Morgan County
nonattainment area, which consists of
Clay and Washington Townships in
Morgan County, Indiana, to attainment
for the 2010 sulfur dioxide (SO2)
National Ambient Air Quality Standards
(NAAQS). EPA is also approving
SUMMARY:
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Type
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Indiana’s maintenance plan for the
Morgan County SO2 nonattainment area.
Indiana submitted the request for
approval of the Morgan County area
redesignation and maintenance plan on
October 10, 2019, and a clarification
letter on May 5, 2020. EPA has
previously approved Indiana’s
attainment plan for Morgan County.
EPA proposed to approve this action on
July 14, 2020 and received no
comments.
DATES: This final rule is effective on
September 16, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0590. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either through
www.regulations.gov or at the
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Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays and
facility closures due to COVID 19. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On July 14, 2020, EPA proposed to
approve the redesignation of the Morgan
County SO2 nonattainment area to
attainment of the 2010 SO2 NAAQS and
to approve Indiana’s maintenance plan
for the nonattainment area (85 FR
E:\FR\FM\16SER1.SGM
16SER1
]]>Agencies
[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57733-57736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19588]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2020-0309; FRL-10014-44-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) has determined 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 determination is based on
ambient air quality monitoring data from 2017 through 2019. As a result
of this determination, the State of California is required to submit a
revision to the California State Implementation Plan (SIP) 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 correcting an
error in the table of California area designations for the 2006
PM2.5 national ambient air quality standards.
DATES: This rule is effective October 16, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0309. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information may not be publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov. Please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
[[Page 57734]]
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone at 415-972-3964, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. Public Comments and Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 10, 2020 (85 FR 41479), the EPA proposed to determine that
the Los Angeles-South Coast Air Basin (``South Coast'') Serious
nonattainment area failed to attain the 2006 PM2.5 national
ambient air quality standards (NAAQS) \1\ by the applicable attainment
date of December 31, 2019. Our proposed determination was based on
complete, quality-assured, and certified ambient air quality date for
the 2017 to 2019 monitoring period. 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.\2\
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\1\ 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) (``2006 PM2.5 NAAQS'') to provide
increased protection of public health by lowering its level from 65
micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\. 71
FR 61144 (October 17, 2006). 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\ A precise description of the South Coast PM2.5
nonattainment area is contained in 40 CFR 81.305.
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Our proposed rule provided background information on the effects of
exposure to elevated levels of PM2.5, the designation and
classification of the South Coast under the Clean Air Act (CAA) for the
2006 PM2.5 NAAQS, the plans developed by California to
address nonattainment area requirements for the South Coast, the
reclassification of the area from ``Moderate'' to ``Serious,'' and the
related extension of the applicable attainment date to December 31,
2019.\3\
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\3\ 85 FR 41479, 41480.
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In our July 10, 2020 proposed rule, we also described the
following: the statutory basis (i.e., CAA sections 179(c)(1) and
188(b)(2)) for the obligation on the EPA to determine whether an area's
air quality meets the 2006 PM2.5 NAAQS; the EPA regulations
establishing the specific methods and procedures to determine whether
an area has attained the 2006 PM2.5 NAAQS; and the
PM2.5 monitoring networks operated in the South Coast by the
South Coast Air Quality Management District and the Pechanga Band of
Luiseno Mission Indians of the Pechanga Reservation and related
monitoring network plans.\4\ We also documented our previous review of
the networks and network plans, the agencies' annual certifications of
ambient air monitoring data, and our determination that 17 of the 18
monitoring sites within the South Coast produced valid design values
for purposes of comparison with the 2006 PM2.5 NAAQS.\5\
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\4\ Id. at 41480-41481.
\5\ Id. at 41481.
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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 35.0 [micro]g/m\3\. More
specifically, the design value is the 3-year average of annual 98th
percentile 24-hour average values recorded at each eligible monitoring
site, and the 2006 PM2.5 NAAQS are met when the design value
for the 24-hour standards at each such monitoring site is less than or
equal to 35 [micro]g/m\3\.
In our proposed rule, to evaluate whether the South Coast attained
the 2006 PM2.5 NAAQS by the December 31, 2019 attainment
date, we determined the 2017-2019 design values at each of the 18
PM2.5 monitoring sites for the 24-hour PM2.5
standard. See Table 1 of our July 10, 2020 proposed rule.\6\ Based on
the valid design values at 17 of the sites, we found that two sites did
not meet the 2006 PM2.5 NAAQS of 35 [micro]g/m\3\ by the
December 31, 2019 attainment date: the Compton site in Los Angeles
County and the Mira Loma site in Riverside County. The 2019 24-hour
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 [micro]g/m\3\.
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\6\ Id. at 41482.
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For the South Coast 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 in the South Coast must be equal
to or less than 35 [micro]g/m\3\. Because at least one site had 2019
design values greater than 35 [micro]g/m\3\, we proposed to determine
that the South Coast failed to attain the 2006 PM2.5
standard by the December 31, 2019 attainment date and described the CAA
requirements that would apply if the EPA were to finalize the proposed
finding of failure to attain.\7\ With today's action, we finalize this
determination.
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\7\ Id. at 41483.
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In addition to our proposed finding of failure to attain, we
proposed under CAA section 110(k)(6) to correct an error that we
introduced into the table for California designations for the 2006
PM2.5 NAAQS in 40 CFR 81.305.\8\ 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
those lands from unclassifiable/attainment to Serious nonattainment. We
are finalizing our correction of this error by revising the table for
California area designations for the 24-hour PM2.5 NAAQS to
indicate the designation is unclassifiable/attainment for the lands of
the Santa Rosa Band of Cahuilla Mission Indians in Riverside County.
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\8\ Id.
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Please see our July 10, 2020 proposed rule for more information
about the topics summarized above.
Since our proposed rule, we have discovered that PM2.5
data excluded from the design values calculated at certain monitoring
sites, and presented in Table 1 of our proposed rule, should not have
been excluded.\9\ The monitoring sites for which 2019 design values may
change once this issue is resolved include Rubidoux, Anaheim, South
Long Beach, Los Angeles (Main Street), Mira Loma, Long Beach Route 710,
and Ontario Route 60. This issue does not affect our determination that
the South Coast failed to attain the 2006 PM2.5 NAAQS by the
applicable attainment date because our determination needs only a
single violating monitor over the relevant time period to be adequately
supported, and the violating monitor at the Compton site is not
affected by this issue. We will continue to work with the District on
this issue as they develop the SIP revision triggered by the
determination that we are finalizing today.
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\9\ See email from Jennifer Williams, EPA Region IX, to Rene
Bermudez, SCAQMD, dated August 5, 2020.
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II. Public Comments and Responses
Our July 10, 2020 proposed rule provided a 30-day public comment
period that closed on August 10, 2020. During this period, one
anonymous
[[Page 57735]]
comment letter was submitted by a member of the public. The comments in
the letter are generally supportive of the proposed determination, but
also raise issues that are outside of the scope of this rulemaking,
including suggestions to the State and local governments in the South
Coast for use in developing the revised plan. The beyond-the-scope
comments do not relate to any of the specific topics discussed in the
proposal, nor do they address the EPA's rationale for the proposed
determination of failure to attain. Consequently, the EPA is not
responding to the comments and is finalizing the action as proposed.
The comment letter we received is included in the docket for this
action.
III. Final Action
Under CAA sections 179(c)(1) and 188(b)(2), the EPA is taking final
action 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. In response to
this determination, the State of California is 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.\10\ The SIP
revision required under 40 CFR 51.1003(c) is due for submittal to the
EPA no later than December 31, 2020.
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\10\ 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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We are also correcting an error in a previous rulemaking and
restoring 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.
IV. Statutory and Executive Order Reviews
This 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 action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 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 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. Nonetheless, the EPA notified
the tribes within the South Coast PM2.5 nonattainment area
of the proposed action and offered formal consultation. No tribe
requested formal consultation.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 16, 2020. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects
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: August 28, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amend chapter I,
title 40 of the Code of Federal Regulations 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 (n) to read as
follows:
Sec. 52.247 Control strategy and regulations: Fine Particle Matter.
* * * * *
(n) Determination of Failure to Attain: Effective October 16, 2020,
the EPA has
[[Page 57736]]
determined that the Los Angeles-South Coast Air Basin Serious
PM2.5 nonattainment area failed to attain the 2006 24-hour
PM2.5 NAAQS by the applicable attainment date of December
31, 2019. This determination triggers the requirements of CAA sections
179(d) and 189(d) for the State of California to submit a revision to
the California SIP for the Los Angeles-South Coast Air Basin to the EPA
by December 31, 2020. The SIP revision must, among other elements,
demonstrate expeditious attainment of the 2006 24-hour PM2.5
NAAQS within the time period provided under CAA section 179(d) 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.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. In Sec. 81.305 amend the table entitled ``California--2006 24-Hour
PM2.5 NAAQS [Primary and Secondary]'' under the heading
``Los Angeles-South Coast Air Basin, CA'' by revising the entry for
``That part of the lands of the Santa Rosa Band of Cahuilla Mission
Indians which is excluded from the Riverside County (part)
nonattainment area'' to read as follows:
Sec. 81.305 California.
* * * * *
California--24-Hour 2006 PM2.5 NAAQS
[Primary and Secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
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* * * * * * *
Los Angeles-South Coast Air
Basin, CA:
* * * * * * *
That part of the lands of .................. Unclassifiable/ ..................
the Santa Rosa Band of Attainment.
Cahuilla Mission Indians
which is excluded from the
Riverside County (part)
nonattainment area.
* * * * * * *
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\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
* * * * *
[FR Doc. 2020-19588 Filed 9-15-20; 8:45 am]
BILLING CODE 6560-50-P
