Determination of Attainment by the Attainment Date, Clean Data Determination, and Proposed Approval of Base Year Emissions Inventory for the Imperial County, California Nonattainment Area for the 2012 Annual Fine Particulate Matter NAAQS, 63751-63759 [2022-22191]
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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Proposed Rules
matter, PM2.5, PM10, Reporting and
recordkeeping requirements.
Dated: October 15, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022–22864 Filed 10–19–22; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2022–0745; FRL–10211–
01–R9]
Determination of Attainment by the
Attainment Date, Clean Data
Determination, and Proposed Approval
of Base Year Emissions Inventory for
the Imperial County, California
Nonattainment Area for the 2012
Annual Fine Particulate Matter NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Imperial County, California fine
particulate matter (PM2.5) nonattainment
area (‘‘Imperial PM2.5 nonattainment
area’’) attained the 2012 annual PM2.5
national ambient air quality standard
(NAAQS or ‘‘standard’’) by its December
31, 2021 ‘‘Moderate’’ area attainment
date. This proposed determination is
based upon ambient air quality
monitoring data from 2019 through
2021. We are also proposing to make a
clean data determination (CDD) based
on our determination that preliminary
air quality monitoring data from 2022
indicate the Imperial PM2.5
nonattainment area continues to attain
the 2012 annual PM2.5 NAAQS. If we
finalize this CDD, certain Clean Air Act
(CAA) requirements that apply to the
Imperial County Air Pollution Control
District (ICAPCD or ‘‘District’’) will be
suspended for so long as the area
continues to meet the 2012 annual PM2.5
NAAQS. The area will remain
designated as nonattainment for the
2012 annual PM2.5 NAAQS. The EPA is
also proposing to approve a revision to
California’s state implementation plan
(SIP) consisting of the 2012 emissions
inventory for the Imperial PM2.5
nonattainment area, submitted by the
California Air Resources Board (CARB
or ‘‘State’’) on July 18, 2018.
DATES: Comments must be received on
or before November 21, 2022.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2022–0745 at https://
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SUMMARY:
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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
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any comment received to its public
docket. Do not submit electronically any
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Confidential Business Information (CBI)
or other information whose disclosure is
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submissions (audio, video, etc.) must be
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consider comments or comment
contents located outside of the primary
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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. 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.
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105; telephone number: (415) 972–
3964; email address: vagenas.ginger@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA.
Table of Contents
I. Background for the EPA’s Proposed Action
A. The 2012 Annual PM2.5 National
Ambient Air Quality Standard
B. Clean Air Act Requirements for PM2.5
Nonattainment Areas
C. Imperial PM2.5 Nonattainment Area
Designation and State Implementation
Plan Requirements
D. Requirement for Determination of
Attainment of the 2012 Annual PM2.5
National Ambient Air Quality Standard
E. The EPA’s Clean Data Policy
II. Proposed Determination of Attainment
and Associated Rationale
A. Applicable Statutory and Regulatory
Provisions
B. Monitoring Network Review, Quality
Assurance, and Data Completeness
C. The EPA’s Evaluation of Attainment
III. Clean Data Determination
IV. Analysis of 2012 Base Year Emissions
Inventory
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A. California’s SIP Submittal for the 2012
PM2.5 Standard for the Imperial PM2.5
Nonattainment Area
B. Public Notice, Public Hearing, and
Completeness Requirements for SIP
Submittals
C. Requirements for Emissions Inventories
D. Base Year Emissions Inventory in the
Imperial PM2.5 Plan
E. The EPA’s Evaluation
V. Environmental Justice Considerations
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background for the EPA’s Proposed
Action
A. The 2012 Annual PM2.5 National
Ambient Air Quality Standard
Under section 109 of the CAA, the
EPA has established NAAQS 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. The EPA sets the
NAAQS for criteria pollutants at levels
required to protect public health and
welfare after considering substantial
evidence from numerous health studies
demonstrating that serious adverse
health effects are associated with
exposures to these criteria pollutants.1
Particulate matter includes particles
with diameters that are generally 2.5
microns or smaller (PM2.5) and particles
with diameters that are generally 10
microns or smaller (PM10). 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 (‘‘secondary
PM2.5’’) as a result of various chemical
reactions among precursor pollutants
such as nitrogen oxides (NOX), sulfur
dioxide (SO2), volatile organic
compounds (VOC), and ammonia
(NH3).2
Epidemiological studies have shown
statistically significant correlations
between elevated PM2.5 levels and
detrimental effects to human health and
the environment. The health effects
associated with PM2.5 exposure include
changes in lung function resulting in the
development of respiratory symptoms,
aggravation of existing respiratory
conditions, cardiovascular disease (as
indicated by increased hospital
admissions, emergency room visits,
1 For a given air pollutant, ‘‘primary’’ national
ambient air quality standards are those determined
by the EPA as requisite to protect the public health.
‘‘Secondary’’ standards are those determined by the
EPA as requisite to protect the public welfare from
any known or anticipated adverse effects associated
with the presence of such air pollutant in the
ambient air. CAA section 109(b).
2 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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absences from school or work, and
restricted activity days), and premature
mortality. Individuals particularly
sensitive to PM2.5 exposure include
older adults, people with heart and lung
disease, and children.3 Elevated PM2.5
levels also has adverse secondary effects
such as visibility impairment and
damage to vegetation and ecosystems.
The EPA first established annual and
24-hour NAAQS for PM2.5 on July 18,
1997.4 The annual primary and
secondary standards were set to 15.0
micrograms per cubic meter (mg/m3)
based on a 3-year average of annual
mean PM2.5 concentrations. Then, on
January 15, 2013, in order to provide
increased protection of public health,
the EPA promulgated a more stringent
annual PM2.5 NAAQS, revising the
primary standard to 12.0 mg/m3 based
on a 3-year average of annual mean
PM2.5 concentrations, while retaining
the secondary standard at 15.0 mg/m3.5
B. Clean Air Act Requirements for PM2.5
Nonattainment Areas
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The CAA requires states to develop a
SIP that provides generally for the
attainment, maintenance, and
enforcement of the NAAQS. In addition,
the CAA requires states to make a
specific type of SIP submittal, a
nonattainment plan submittal, that
imposes additional controls for
purposes of attaining the PM2.5 NAAQS,
to achieve reductions of PM2.5 and PM2.5
precursor emissions.
The general CAA part D
nonattainment area planning
requirements are found in subpart 1 and
the nonattainment area planning
requirements specific to particulate
matter are found in subpart 4. The
subpart 1 statutory requirements for
attainment plans include the following:
the section 172(c)(1) requirements for
reasonably available control measures
(RACM)/reasonably available control
technology (RACT) and attainment
demonstrations; the section 172(c)(2)
requirement to demonstrate reasonable
further progress (RFP); the section
172(c)(3) requirement for emissions
inventories; the section 172(c)(5)
requirements for a nonattainment new
source review (NNSR) permitting
program; and the section 172(c)(9)
requirement for contingency measures.
The more specific subpart 4 statutory
requirements for Moderate PM2.5
nonattainment areas include the
following: the section 189(a)(1)(A)
NNSR permit program requirements; the
section 189(a)(1)(B) requirements for
attainment demonstrations; the section
189(a)(1)(C) requirements for RACM; the
section 189(c) requirements for RFP and
quantitative milestones; and the section
189(e) requirement for controls on
sources of PM10 precursors.
Under subpart 4, states with Moderate
PM2.5 nonattainment areas must provide
for attainment in the area as
expeditiously as practicable but no later
than the end of the sixth calendar year
after designation. For the 2012 PM2.5
annual NAAQS, this date is December
31, 2021. In addition, under subpart 4,
direct PM2.5 and all precursors to the
formation of PM2.5 are subject to control
unless the EPA approves a
demonstration from the state
establishing that a given precursor does
not contribute significantly to PM2.5
levels that exceed the PM2.5 NAAQS in
the area.6
To implement the PM2.5 NAAQS, the
EPA has also promulgated the ‘‘Fine
Particle Matter National Ambient Air
Quality Standard: State Implementation
Plan Requirements; Final Rule’’ (‘‘PM2.5
Implementation Rule’’).7 The PM2.5
Implementation Rule provides
additional regulatory requirements and
guidance applicable to attainment plan
submittals for the PM2.5 NAAQS,
including the 2012 annual PM2.5
NAAQS at issue in this action.
C. Imperial PM2.5 Nonattainment Area
Designation and State Implementation
Plan Requirements
Following promulgation of a new or
revised NAAQS, the EPA is required by
CAA section 107(d) to designate areas
throughout the nation as attaining or not
attaining the NAAQS.8 Those regions
found not to be attaining the NAAQS
are also given a classification that
describes the degree of nonattainment.
Under subpart 4 of part D of title I of
the CAA, the EPA designates areas
found to be violating the PM2.5 NAAQS,
and areas that contribute to such
violations, as nonattainment and
classifies them initially as Moderate
nonattainment areas.
On January 15, 2015, the EPA
published initial air quality
3 Id.
4 62 FR 38652. In October 2006, the EPA lowered
the 24-hour NAAQS for PM2.5 from 65 micrograms
per cubic meter (mg/m3) to 35 mg/m3. 71 FR 61144
(October 17, 2006).
5 78 FR 3086 and 40 CFR 50.18. Unless otherwise
noted, all references to the PM2.5 NAAQS in this
document are to the 2012 annual NAAQS of 12.0
mg/m3, codified at 40 CFR 50.18.
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CFR 51.1006 and 51.1009.
FR 58010 (August 24, 2016).
8 The EPA designated a portion of Imperial
County as nonattainment for the 2006 24-hour
standard effective December 13, 2009, and
subsequently determined that the area had attained
the standard. 74 FR 58688 (November 13, 2009) and
82 FR 13392 (March 13, 2017).
designations for the 2012 annual PM2.5
NAAQS for most areas in the United
States, effective April 15, 2015. The EPA
designated a portion of Imperial County
as a nonattainment area for the 2012
annual PM2.5 standard and classified it
as a ‘‘Moderate’’ area, based on ambient
monitoring data that showed the area
was above 12.0 mg/m3 for the 2011–2013
monitoring period.9
As a consequence of the Moderate
nonattainment designation and
classification, CAA sections 172(c) and
189(a), (c) and (e) required the state of
California to submit an attainment plan
for the Imperial PM2.5 nonattainment
area within 18 months of the effective
date of designation (that is, by October
15, 2016), demonstrating attainment of
the NAAQS as expeditiously as
practical but no later than the end of the
sixth calendar year following the
designation, or December 31, 2021,
which is the latest permissible
attainment date under CAA section
188(c)(2).
Under state law, the local air district
with primary responsibility for
developing a plan to attain the 2012
annual PM2.5 NAAQS in this area is the
ICAPCD. Also under state law, authority
for regulating sources under state
jurisdiction in the Imperial PM2.5
nonattainment area 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.
Effective May 7, 2018, the EPA issued
a finding that California had failed to
submit a timely revision to its SIP as
required to satisfy certain requirements
under the CAA for implementation for
the 2012 annual PM2.5 NAAQS for the
Imperial PM2.5 nonattainment area.10
For mandatory SIP requirements under
part D, title I of the CAA, such as those
for PM2.5 nonattainment areas, the EPA’s
finding that a state has failed to make
the required complete SIP submission
establishes specific consequences.
These consequences include the
imposition of mandatory sanctions for
the affected area if the state has not
submitted a complete SIP within 18
months of the finding of failure to
submit, in this case by October 6,
2019.11 Additionally, such a finding
triggers an obligation under CAA
section 110(c) for the EPA to promulgate
a federal implementation plan (FIP) for
6 40
7 81
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9 For the 2011–2013 period relevant to the
designation, the annual PM2.5 design value for the
Imperial PM2.5 nonattainment area was 14.3 mg/m3
based on monitored readings at the Calexico-Ethel
(‘‘Calexico’’) monitor. 80 FR 2206.
10 83 FR 14759 (April 6, 2018).
11 CAA section 179.
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the area no later than two years from the
effective date of the finding if the state
has not submitted and the EPA has not
approved the required SIP submittal.
The District worked cooperatively
with CARB in preparing the ‘‘Imperial
County 2018 Annual Particulate Matter
Less than 2.5 Microns in Diameter State
Implementation Plan.’’ (Imperial PM2.5
Plan, or ‘‘Plan’’), which was adopted by
the District on April 24, 2018. CARB
submitted the Imperial PM2.5 Plan as a
revision to the California SIP on July 18,
2018. On October 29, 2018, CARB
submitted Imperial County rules related
to the contingency measure element of
the attainment plan.12 On March 19,
2019, we determined that together these
submittals addressed our finding of
failure to submit and corrected the
deficiency that formed the basis for that
finding.13 As a result, the offset and
highway sanctions clocks triggered by
the finding of failure to submit were
permanently stopped, but the EPA’s
obligation to issue a FIP remained in
place.
D. Requirement for Determination of
Attainment of the 2012 Annual PM2.5
National Ambient Air Quality Standard
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Section 179(c) of the CAA requires
that within six months following the
applicable attainment date, the EPA
shall determine whether a
nonattainment area attained the
standard based on the area’s design
value 14 as of that date, i.e., as of
December 31, 2021.15 In this instance,
this determination, also referred to as a
determination of attainment by the
attainment date or a DAAD, is based on
certified data for the period of 2019—
2021. Section 179(c)(2) of the CAA
requires the EPA to publish the
determination in the Federal Register
no later than 6 months after the
attainment date, that is, in the case of
the Imperial PM2.5 nonattainment area,
by June 30, 2022. If the EPA determines
that a Moderate area failed to attain,
CAA section 188(b)(2) requires the area
to be reclassified by operation of law as
a Serious nonattainment area.
12 The EPA approved these rules in a separate
action. 84 FR 45418 (August 29, 2019).
13 Letter dated March 19, 2019, from Elizabeth
Adams, Air Division Director, EPA, Region IX, to
Richard Corey, Executive Officer, CARB.
14 A design value is the 3-year average NAAQS
metric that is compared to the NAAQS level to
determine when a monitoring site meets or does not
meet the NAAQS. The specific methodologies for
calculating whether the annual PM2.5 NAAQS is
met at each eligible monitoring site in an area is
found in 40 CFR part 50, Appendix N, Section 4.1.
15 A determination that an area has attained by
the applicable attainment date does not constitute
a redesignation to attainment.
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E. The EPA’s Clean Data Policy
While the EPA may determine that an
area’s air quality data indicate that an
area met the PM2.5 NAAQS as of the
attainment date, this does not eliminate
the state’s responsibility under the Act
to adopt and implement an approvable
attainment plan unless the area also has
been granted a CDD.16 Under the EPA’s
longstanding Clean Data Policy, which
was reaffirmed in the PM2.5
Implementation Rule at 40 CFR 51.1015,
when an area has attained the relevant
PM2.5 standard(s), the EPA may issue a
CDD (also sometimes referred to as a
determination of attainment for the
purposes of the Clean Data Policy or
regulations) after notice and comment
rulemaking determining that a specific
area is attaining the relevant standard(s).
A CDD is not linked to any particular
attainment deadline and is not
necessarily equivalent to a
determination that an area has attained
the standard by its applicable
attainment deadline.
The effect of a CDD is to suspend the
requirement for the area to submit an
attainment demonstration, RACM, an
RFP plan, contingency measures, and
any other planning requirements related
to attainment for as long as the area
continues to attain the standard.17 With
respect to the attainment demonstration
requirements of section 172(c) and
section 189(a)(1)(B) of the CAA, the EPA
finds that if an area already has air
quality monitoring data demonstrating
attainment of the standard, there is no
need for an area to make a further
submittal containing additional
measures to achieve attainment, nor is
there a need for the area to perform
future modeling to show how the area
will achieve attainment. Similarly, both
CAA sections 172(c)(1) and 189(a)1)(C)
require provisions to assure that RACM
that are necessary to help an area
achieve attainment are implemented.
Thus, where an area is already attaining
the standard, no additional RACM are
required. Additionally, the EPA
interprets the CAA as not requiring the
submittal of RFP and associated
quantitative milestones for areas that are
already attaining the NAAQS. For areas
that are attaining the NAAQS, showing
16 81
FR 58010, 58069.
the context of CDDs, the EPA distinguishes
between attainment planning requirements of the
CAA, which relate to the attainment demonstration
for an area and related control measures designed
to bring an area into attainment for the given
NAAQS as expeditiously as practicable, and other
types of requirements, such as permitting
requirements under the nonattainment new source
review program, emissions inventory requirement,
and specific control requirements independent of
those strictly needed to ensure timely attainment of
the given NAAQS.
17 In
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63753
that the state will make RFP towards
attainment has no meaning. Similar
reasoning applies to other SIP submittal
requirements that are linked with
attainment demonstration and RFP
requirements. The EPA interprets the
obligation to submit contingency
measures as suspended when the area
has attained the standard because those
contingency measures are directed at
ensuring RFP and attainment by the
applicable date. A CDD does not
suspend the requirements for an
emissions inventory or for new source
review.18
II. Proposed Determination of
Attainment and Associated Rationale
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 by the applicable attainment
date, based on the area’s air quality ‘‘as
of the attainment date.’’ Generally, this
determination of whether an area’s air
quality meets the PM2.5 standards is
based upon the most recent three years
of complete, certified data gathered at
eligible monitoring sites in accordance
with 40 CFR part 58.19 The
requirements of 40 CFR part 58 include
quality assurance procedures for
monitor operation and data handling,
siting parameters for instruments or
instrument probes, and minimum
ambient air quality monitoring network
requirements. State, local, or tribal
agencies that operate air monitoring
sites in accordance with 40 CFR part 58
must enter the ambient air quality data
and associated quality assurance data
from these sites into the EPA’s Air
Quality System (AQS) database.20 These
monitoring agencies certify annually
that these data are accurate to the best
of their knowledge, taking into
consideration the quality assurance
findings.21 Accordingly, the EPA relies
primarily on AQS data when
determining the attainment status of an
area.
The 2012 primary annual PM2.5
standard is met when the three year
18 On August 26, 2019, the EPA approved
Imperial County APCD’s amended Rule 207, ‘‘New
and Modified Stationary Source Review’’ as
meeting applicable CAA requirements for New
Source review, thereby satisfying the requirement
for new source review. 84 FR 44545. This action
includes our proposed approval of the base year
emissions inventory included in the attainment
plan for the Imperial County nonattainment area
submitted on July 18, 2018. See Section IV of this
document.
19 40 CFR part 50, Appendix N, section 3.0.
20 40 CFR 58.16. AQS is the EPA’s national
repository of ambient air quality data.
21 40 CFR 58.15(a).
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average of the annual arithmetic mean
concentration, as determined in
accordance with 40 CFR part 50
appendix N, is less than or equal to 12.0
mg/m3 at each eligible monitoring site
(based on the rounding convention in 40
CFR part 50, Appendix N).22 For the
annual PM2.5 standard, eligible
monitoring sites are those monitoring
stations that meet the criteria specified
in 40 CFR 58.11 and 58.30, and thus are
approved for comparison to the annual
PM2.5 NAAQS.23 Three years of valid
annual means are required to produce a
valid annual PM2.5 NAAQS design
value.24 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.25 We note that
monitors with incomplete data in one or
more quarters may still produce valid
design values if the conditions for
applying the EPA’s data substitution test
are met.26 In determining whether data
are suitable for regulatory
determinations, the EPA uses a ‘‘weight
of evidence’’ approach, considering the
requirements of 40 CFR part 58,
Appendix A ‘‘in combination with other
data quality information, reports, and
similar documentation that demonstrate
overall compliance with Part 58.’’ 27
B. Monitoring Network Review, Quality
Assurance, and Data Completeness
The State and the District are the
governmental agencies with the
authority and responsibility under state
law for collecting ambient air quality
data within the Imperial PM2.5
nonattainment area. During the 2019–
2021 period, CARB and the ICAPCD
operated three PM2.5 state and local air
monitoring stations (SLAMS) within the
Imperial PM2.5 nonattainment area; all
three sites are located in the southern
portion of Imperial County. The
Calexico-Ethel monitoring site (AQS ID:
06–025–0005) is operated by CARB and
is located approximately 0.7 miles north
of the United States-Mexico border. The
Calexico-Ethel monitoring site measured
the highest 2021 design value 28 within
the Imperial PM2.5 nonattainment area;
it is therefore considered the ‘‘design
value site’’ for the area. The ICAPCD
operates two additional SLAMS: the
Brawley monitoring site (AQS ID: 06–
025–0007), located in the City of
Brawley, 9 miles north of the border,
and the El Centro monitoring site (AQS
ID: 06–025–1003), located in the City of
El Centro, 22 miles north of the border.
CARB, as the primary quality assurance
organization for the Imperial PM2.5
nonattainment area, submits annual
monitoring network plans to the EPA
documenting the status of CARB’s air
monitoring network, as required under
40 CFR 58.10.29 The EPA reviews these
annual network plans for compliance
with specific requirements in 40 CFR
58. With respect to PM2.5, we have
found that the annual network plans
submitted by CARB meet these
requirements under 40 CFR part 58,
including minimum monitoring
requirements.30
In accordance with 40 CFR 58.15,
CARB certifies annually that the
previous year’s ambient concentration
and quality assurance data are
completely submitted to AQS and that
the ambient concentration data are
accurate, taking into consideration the
quality assurance findings.31 Along with
the certification letters, CARB submits a
summary of the precision and accuracy
data for all ambient air quality data.32
The design value report also includes
a validity indicator (‘‘Valid Ind.’’) that
reflects whether the design value is
valid (i.e., calculated using data that
meet the applicable completeness
criteria). For the purposes of this
proposal, we reviewed the data for the
2019—2021 period for completeness
and determined that the PM2.5 data
collected by CARB and the ICAPCD met
the 75 percent completeness criterion
for all 12 quarters at the Imperial
County monitoring sites except for the
PM2.5 data collected at the Brawley
monitoring site.33 The Brawley monitor
recorded less than 75 percent data
capture during the 2nd quarter of 2021
(37 percent) due to monitor
replacement. Because the data
substitution test under 40 CFR part 50,
Appendix N, section 4.1(c)(ii) requires
each quarter to have data completeness
22 40 CFR 50.18(b); 40 CFR part 50, Appendix N,
section 4.1(a)
23 40 CFR part 50, Appendix N section 1.0(c)
24 40 CFR part 50, Appendix N, Section 4.1(b).
25 Id.
26 40 CFR part 50 Appendix N, section 4.1(b) and
(c).
27 40 CFR part 58, Appendix A, section 1.2.3.
28 According to 40 CFR part 50, Appendix N—
Interpretation of the National Ambient Air Quality
Standards for PM2.5, design values are ‘‘the metrics
(i.e., statistics) that are compared to the NAAQS
levels to determine compliance, calculated as
shown in section 4 of this appendix. . .’’
29 We have included copies of CARB’s annual
network plans for 2019–2021 in the docket for this
rulemaking.
30 We have included our reviews of CARB’s
annual network plans and the correspondence
transmitting these reviews in the docket for this
rulemaking.
31 We have included CARB’s annual data
certifications for 2019, 2020, and 2021 in the docket
for this rulemaking.
32 40 CFR 58.15(c).
33 AQS Design Value Report (AMP480), dated
August 31, 2022 (User ID: STSAI, Report Request
ID: 2042550).
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of at least 50 percent, the Brawley 2021
data do not qualify for the data
substitution test. The Brawley site has
not historically been the 2012 annual
PM2.5 design value site for the area. We
assessed the long-term trends at the
Brawley monitoring site and determined
that the site has historically had design
values below the annual PM2.5 NAAQS.
During the 2012 to 2021 period, the
Brawley monitoring site consistently
had lower design values for the 2012
annual PM2.5 NAAQS than the CalexicoEthel monitoring site in Imperial
County.34 Furthermore, the District
exceeds the PM2.5 minimum monitoring
requirements in the El Centro
Metropolitan Statistical Area (MSA).
Thus, based on the historical design
value concentrations at the Brawley
monitoring site relative to the 2012
annual PM2.5 NAAQS, we find that the
incomplete data at the Brawley
monitoring site should not preclude the
EPA from determining the Imperial
PM2.5 nonattainment area has attained
the 2012 annual PM2.5 NAAQS.
Finally, the EPA conducts regular
technical systems audits (TSAs) where
we review and inspect state and local
ambient air monitoring programs to
assess compliance with applicable
regulations concerning the collection,
analysis, validation, and reporting of
ambient air quality data. For the
purposes of this proposal, we reviewed
the findings from the EPA’s most recent
TSA of CARB’s ambient air monitoring
program.35 The results of the TSA do
not preclude the EPA from determining
that the Imperial PM2.5 nonattainment
area has attained the 2012 annual PM2.5
NAAQS.
In summary, based on the relevant
monitoring network plans,
certifications, quality assurance data,
and 2018 TSA, we propose to find that
the PM2.5 data collected at the Imperial
County monitoring sites are suitable for
determining whether the Imperial PM2.5
nonattainment area attained the 2012
annual PM2.5 NAAQS by the applicable
attainment date.
C. The EPA’s Evaluation of Attainment
Table 1 provides the PM2.5 design
values at each of the three monitoring
sites with the Imperial PM2.5
nonattainment area, expressed as a
single design value representing the
average of the annual mean values from
the 2019–2021 period; the annual mean
34 Id.
35 See letter dated February 3, 2020, from
Elizabeth J. Adams, Director, Air Division, U.S. EPA
Region IX, to Richard Corey, Executive Officer,
CARB.
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for each individual year is also listed.36
The PM2.5 data show that the design
values at the Imperial County
monitoring sites were below the 2012
annual PM2.5 NAAQS of 12.0 mg/m3.
The Brawley monitoring site recorded
less than 75 percent data capture during
the 2nd quarter of 2021 (37 percent) due
to monitor replacement. As discussed in
Section II.B above, based on the
historical design value concentrations at
the Brawley monitoring site relative to
the 2012 annual PM2.5 NAAQS, we find
that the incomplete data at the Brawley
monitoring site should not preclude the
EPA from determining the Imperial
PM2.5 nonattainment area has attained
the 2012 annual PM2.5 NAAQS.
Consequently, the EPA proposes to
determine based upon three years of
complete, quality-assured, and certified
data from 2019 through 2021 that the
Imperial PM2.5 nonattainment area has
attained the 2012 annual PM2.5 NAAQS
by its December 31, 2021 attainment
date.
TABLE 1—2019–2021 ANNUAL PM2.5 DESIGN VALUES FOR THE IMPERIAL PM2.5 NONATTAINMENT AREA
Annual weighted mean
(μg/m3)
Site
(AQS ID)
Local site name
2019
Calexico-Ethel ..............................................................
El Centro ......................................................................
Brawley ........................................................................
06–025–0005
06–025–1003
06–025–0007
2020
10.7
7.9
8.3
2021
12.0
9.8
9.4
10.3 ..................
8.4 ....................
7.8 (Inc) ............
2019–2021
Annual design
values
(μg/m3)
11.0.
8.7.
8.5. (Inv) a.
a Based on the design value calculation methodologies described in 40 CFR part 50, Appendix N, section 4.1(b), the Brawley (AQS ID: 06–
025–0007) 2019–2021 design value is considered invalid due to incomplete data in the 2nd quarter of 2021.
Source: EPA, Design Value Report, AMP480, dated August 31, 2022 (User ID: STSAI, Report Request ID: 2042550).
Notes: Inc = Incomplete data. Inv = Invalid design value due to incomplete data.
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III. Clean Data Determination
As described in section I.C. of this
document, when an area has attained
the relevant PM2.5 standard(s), the EPA
may issue a CDD after notice and
comment rulemaking determining that a
specific area is attaining the relevant
standard.37 Based on complete, qualityassured, and certified data for 2019–
2021, the Imperial PM2.5 nonattainment
area meets the 2012 annual PM2.5
standard.
Preliminary data available in AQS for
2022 (January through June) indicate
that the area continues to show
concentrations consistent with
attainment of the 2012 annual PM2.5
standard.38 Consequently, the EPA is
proposing to issue a CDD.
If we finalize this proposed CDD, the
requirements for the State to submit an
attainment demonstration, provisions
demonstrating RACM (including RACT
for stationary sources), an RFP plan,
quantitative milestones and quantitative
milestone reports, and contingency
measures for the area will be suspended
until such time as: (1) the area is
redesignated to attainment, after which
such requirements are permanently
discharged; or, (2) the EPA determines
that the area has re-violated the PM2.5
NAAQS, at which time the state shall
submit such attainment plan elements
for the moderate nonattainment area by
a future date to be determined by the
36 AQS Design Value Report (AMP480), dated
August 31, 2022 (User ID: STSAI, Report Request
ID: 2042550).
37 See 40 CFR 51.1015.
38 AQS Design Value Report (AMP480), dated
September 2, 2022 (User ID: STSAI, Report Request
ID: 2043042).
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EPA and announced through
publication in the Federal Register at
the time the EPA determines the area is
violating the PM2.5 NAAQS.
A CDD does not suspend the
requirements for an emissions inventory
or for new source review. This action
includes our proposed approval of the
2012 base year emissions inventory
included in the attainment plan for the
Imperial PM2.5 nonattainment area,
submitted on July 18, 2018.39 The EPA
fully approved the District’s new source
review program as meeting CAA
requirements on August 26, 2019.40
IV. Analysis of 2012 Base Year
Emissions Inventory
A. California’s SIP Submittal for the
2012 PM2.5 Standard for the Imperial
PM2.5 Nonattainment Area
This rulemaking also addresses the
2012 base year emissions inventory
included in the Imperial PM2.5 Plan,
adopted by the District on April 24,
2018, and submitted to the EPA as a SIP
revision on July 18, 2018.41
Imperial County encompasses over
4,000 square miles in southeastern
California. Its population is estimated to
be approximately 180,000 people, and
its principal industries are farming and
retail trade. It is bordered by Riverside
County to the north, Arizona to the east,
Mexico to the south, and San Diego
County to the west. The Imperial Valley
39 See
Section IV of this rulemaking.
FR 44545.
41 As provided in 40 CFR 51.1015, our clean data
determination for the Imperial PM2.5 nonattainment
area suspends requirements to submit an attainment
demonstration, associated RACM, RFP plan,
contingency measures, and other SIP revisions
40 84
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runs north-south through the central
part of the County. Most of the County’s
population and industries exist within
this relatively narrow land area, which
extends about one-fourth the width of
the County. The rest of Imperial County
is primarily desert, with little or no
human population. The Imperial PM2.5
nonattainment area, which encompasses
982.1 square miles, is located within
this central portion of the County. It is
bordered to the north by the southern
end of the Salton Sea and extends south
to the Mexico border. The
nonattainment area encompasses the
three most populous cities in the
County (Brawley, El Centro, and
Calexico), and includes most of Imperial
County’s residents. For a precise
description of the geographic
boundaries of the Imperial PM2.5
nonattainment area, see 40 CFR 81.305.
B. Public Notice, Public Hearing, and
Completeness Requirements for SIP
Submittals
CAA sections 110(a)(1) and (2) and
110(l) require each state to provide
reasonable public notice and
opportunity for public hearing prior to
the adoption and submittal of a SIP or
SIP revision to the EPA. To meet this
requirement, every SIP submittal should
include evidence that adequate public
notice was given and an opportunity for
a public hearing was provided
related to the attainment of the 2012 annual PM2.5
NAAQS, but does not suspend the requirement for
a base year emissions inventory. Therefore, in
conjunction with our proposed clean data
determination for the Imperial PM2.5 nonattainment
area, we are also proposing to approve the 2012
base year inventory submitted with the Imperial
PM2.5 Plan.
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consistent with the EPA’s implementing
regulations in 40 CFR 51.102.
Both the District and the State
satisfied applicable statutory and
regulatory requirements for reasonable
public notice and hearing prior to
adoption and submittal of the Imperial
PM2.5 Plan. The District provided a
public comment period and held a
public hearing prior to the adoption of
the SIP submittal on April 24, 2018.
CARB provided the required public
notice and opportunity for public
comment prior to its May 25, 2018
public hearing and adoption of the SIP
submittal.42 The submittal includes
proof of publication of notices for the
respective public hearings. We find,
therefore, that the Imperial PM2.5 Plan
meets the procedural requirements for
public notice and hearing in CAA
sections 110(a) and 110(l).
CAA section 110(k)(1)(B) requires the
EPA to determine whether a SIP
submittal is complete within 60 days of
receipt. This section of the CAA also
provides that any plan that the EPA has
not affirmatively determined to be
complete or incomplete will become
complete by operation of law six
months after the date of submittal. The
EPA’s SIP completeness criteria are
found in 40 CFR part 51, Appendix V.
On March 19, 2019, the EPA
affirmatively found that the July 18,
2018 and October 29, 2019 submittals
fulfill our completeness criteria.43
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C. Requirements for Emissions
Inventories
CAA section 172(c)(3) requires that
each nonattainment plan SIP submittal
include a comprehensive, accurate,
current inventory of actual emissions
from all sources of the relevant
pollutant or pollutants in the
nonattainment area. This base year
emissions inventory should provide a
state’s best estimate of actual emissions
from all sources of the relevant
pollutants in the area, i.e., all emissions
that contribute to the formation of a
particular NAAQS pollutant. For the
PM2.5 NAAQS, the base year inventory
must include direct PM2.5 emissions,
separately reported filterable and
condensable PM2.5 emissions, and
emissions of all chemical precursors to
the formation of secondary PM2.5, i.e.,
NOX, SO2, VOC, and ammonia.44
42 CARB, ‘‘Notice of Public Meeting to Consider
the PM2.5 State Implementation Plan for Imperial
County,’’ April 27, 2018; and CARB Board
Resolution 18–18, ‘‘PM2.5 State Implementation
Plan for Imperial County,’’ May 25, 2018.
43 Letter dated March 19, 2019, from Elizabeth
Adams, Air Division Director, EPA, Region IX, to
Richard Corey, Executive Officer, CARB.
44 40 CFR 51.1008.
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A state’s nonattainment plan SIP
submittal must include documentation
explaining how it calculated the
emissions data. In estimating mobile
source emissions, a state should use the
latest emissions models and planning
assumptions available at the time the
SIP is developed. At the time the
Imperial PM2.5 Plan was developed, the
latest EPA-approved version of
California’s mobile source emission
factor model for estimating tailpipe,
brake and tire wear emissions from onroad mobile sources was EMFAC2014.45
A state is also required to use the EPA’s
‘‘Compilation of Air Pollutant Emission
Factors’’ (AP–42) road dust method for
calculating re-entrained road dust
emissions from paved roads.46 47
D. Base Year Emissions Inventory in the
Imperial PM2.5 Plan
Summaries of the planning emissions
inventories for direct PM2.5 and all
PM2.5 precursors (NOX, SOX,48 VOC,49
and ammonia) and the documentation
for the inventories for the Imperial PM2.5
nonattainment area are located in
Chapter 3 of the Plan. More detailed
emissions inventories for the Imperial
PM2.5 nonattainment area are found in
Appendix B of the Plan. A more indepth discussion of the methodology
45 80 FR 77337 (December 14, 2015). EMFAC is
short for EMission FACtor. The EPA announced the
availability of the EMFAC2014 model for use in
state implementation plan development and
transportation conformity in California on
December 14, 2015. The EPA’s approval of the
EMFAC2014 emissions model for SIP and
conformity purposes was effective on the date of
publication of the notice in the Federal Register.
On August 15, 2019, the EPA approved and
announced the availability of EMFAC2017, the
latest update to the EMFAC model for use by State
and local governments to meet CAA requirements.
84 FR 41717.
46 The EPA released an update to AP–42 in
January 2011 that revised the equation for
estimating paved road dust emissions based on an
updated data regression that included new emission
tests results. 76 FR 6328 (February 4, 2011). CARB
used the revised 2011 AP–42 methodology in
developing on-road mobile source emissions; see
https://www.arb.ca.gov/ei/areasrc/fullpdf/full7-9_
2016.pdf.
47 AP–42 is the EPA’s Compilation of Air
Pollutant Emission Factors. It has been published
since 1972 as the primary source of the EPA’s
emission factor information. It contains emission
factors and process information for more than 200
air pollution source categories. A source category is
a specific industry sector or group of similar
emitting sources. The emission factors have been
developed and compiled from source test data,
material balance studies, and engineering estimates.
48 The Imperial PM
2.5 Plan generally uses ‘‘sulfur
oxides’’ or ‘‘SOX’’ in reference to SO2 as a precursor
to the formation of PM2.5. We use SOX and SO2
interchangeably throughout this notice.
49 The Imperial PM
2.5 Plan generally uses
‘‘reactive organic gasses’’ or ‘‘ROG’’ in reference to
VOC as a precursor to the formation of PM2.5. We
use ROG and VOC interchangeably throughout this
notice. See https://www.arb.ca.gov/ei/speciate/voc_
rog_dfn_1_09.pdf.
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used by CARB and the District to
develop projected inventories for
modeling is included in Appendix G to
Appendix A of the Imperial PM2.5 Plan.
CARB and District staff worked
together to develop the emissions
inventories for the Imperial PM2.5
nonattainment area. The District worked
with operators of larger stationary
facilities in the nonattainment area to
develop the stationary source emissions
estimates. CARB staff developed the
emissions inventories for both on-road
and off-road mobile sources.50 The
responsibility for developing estimates
for the areawide sources such as
agricultural burning and paved road
dust was shared by the District and
CARB.
The Imperial PM2.5 Plan includes
annual average emissions inventories
for the 2012 base year. The inventory
includes emissions from stationary,
areawide, and mobile sources.51 The
District developed base year inventories
for larger stationary sources using actual
emissions reports prepared by facility
operators. CARB and the District
estimated emissions for smaller
stationary sources by using various
methodologies reported as an aggregated
total. CARB developed the base year
emissions inventory for areawide
sources using the most recent models
and methodologies.52 For the mobile
source inventory, CARB used
EMFAC2014 to estimate on-road motor
vehicle emissions.53 CARB calculated
re-entrained paved road dust emissions
using a CARB methodology consistent
with the EPA’s AP–42 road dust
methodology, and taking into account
reductions from District Rules 803,
‘‘Carry Out and Track Out’’ and 805,
‘‘Paved and Unpaved Roads.’’ 54
Table 1 provides a summary of the
annual average inventories in tons per
day (tpd) of direct PM2.5 and PM2.5
50 EPA regulations refer to ‘‘nonroad’’ vehicles
and engines whereas California Air Resources
Board (CARB) regulations refer to ‘‘off-road’’
vehicles and engines. These terms refer to the same
types of vehicles and engines, and for the purposes
of this action, we will be using CARB’s chosen
term, ‘‘off-road,’’ to refer to such vehicles and
engines.
51 Section 3–7 of the Imperial PM
2.5 Plan
describes how county-wide emissions were
allocated to the nonattainment area, which
encompasses a portion of Imperial County. For
example, geographical coordinates of stationary
sources were used to determine if a source is
located within the nonattainment area. Allocations
of emissions from areawide sources were based on
spatial surrogates such as paved road miles or
human population.
52 Imperial PM
2.5 Plan, Chapter 3.
53 Id. at 3–16.
54 Id. at 3–10. Additional information regarding
this methodology is available at https://
www.arb.ca.gov/ei/areasrc/
arbmiscprocunpaverddst.htm.
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precursors for the base year of 2012. For
a detailed breakdown of the inventories,
63757
see Chapter 3 and Appendix B in the
Imperial PM2.5 Plan.
TABLE 1—IMPERIAL ANNUAL AVERAGE EMISSIONS INVENTORY FOR DIRECT PM2.5 AND PM2.5 PRECURSORS FOR THE
2012 BASE YEAR
[tpd]
Category
Direct PM2.5
NOX
SOX
VOC
Ammonia
Stationary Sources ...............................................................
Areawide Sources ................................................................
On-Road Mobile Sources ....................................................
Off-Road Mobile Sources ....................................................
0.55
10.58
0.19
0.98
1.54
0.37
5.31
6.98
0.000
0.05
0.02
0.21
0.96
5.14
1.77
4.03
1.19
21.94
0.11
0.00
Totals ............................................................................
12.30
14.19
0.28
11.89
23.24
Source: Imperial PM2.5 Plan, Chapter 3, Table 3–8a.
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E. The EPA’s Evaluation
The inventories in the Imperial PM2.5
Plan are based on the most current and
accurate information available to the
State and District at the time the Plan
and its inventories were being
developed, including the latest version
of California’s mobile source emissions
model at that time, EMFAC2014. The
inventories comprehensively address all
source categories in the Imperial PM2.5
nonattainment area and were developed
consistent with the EPA’s inventory
guidance. For these reasons, we are
proposing to approve the 2012 base year
emissions inventory in the Imperial
PM2.5 Plan as meeting the requirements
of CAA section 172(c)(3).
V. Environmental Justice
Considerations
Executive Order 12898 (59 FR 7629,
February 16, 1994) requires that federal
agencies, to the greatest extent
practicable and permitted by law,
identify and address disproportionately
high and adverse human health or
environmental effects of their actions on
minority and low-income populations.
Additionally, Executive Order 13985 (86
FR 7009, January 25, 2021) directs
federal government agencies to assess
whether, and to what extent, their
programs and policies perpetuate
systemic barriers to opportunities and
benefits for people of color and other
underserved groups, and Executive
Order 14008 (86 FR 7619, February 1,
2021) directs federal agencies to develop
programs, policies, and activities to
address the disproportionate health,
environmental, economic, and climate
impacts on disadvantaged communities.
To identify environmental burdens
and susceptible populations in
underserved communities in the
Imperial PM2.5 nonattainment area and
to better understand the context of the
DAAD, the CDD, and our proposed
approval of the emissions inventory on
these communities, we conducted a
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screening-level analysis using the EPA’s
environmental justice (EJ) screening and
mapping tool (‘‘EJSCREEN’’).55 Our
screening-level analysis indicates that
communities affected by this action
score above the national average for the
EJSCREEN ‘‘Demographic Index,’’
which is the average of an area’s percent
minority and percent low income
populations, i.e., the two demographic
indicators explicitly named in Executive
Order 12898.56 These communities also
score above the national average for the
‘‘linguistically isolated population,’’ and
‘‘population with less than high school
education’’ indicators. Although the
area is attaining the PM2.5 NAAQS,
because almost all areas across the U.S.
are also attaining the NAAQS (many by
a wider margin), communities within
the Imperial PM2.5 nonattainment area
score above the national average for the
PM2.5 EJ index. These communities also
score above the national average for
55 EJSCREEN provides a nationally consistent
dataset and approach for combining environmental
and demographic indicators. EJSCREEN is available
at https://www.epa.gov/ejscreen/what-ejscreen. The
EPA used EJSCREEN to obtain environmental and
demographic indicators representing the Imperial
PM2.5 nonattainment area, the City of Calexico,
which measures the highest levels of PM2.5 in the
nonattainment area, and the City of El Centro.
These indicators are included in EJSCREEN reports
that are available in the rulemaking docket for this
action.
56 EJSCREEN reports environmental indicators
(e.g., air toxics cancer risk, Pb paint exposure, and
traffic proximity and volume) and demographic
indicators (e.g., people of color, low income, and
linguistically isolated populations). The score for a
particular indicator measures how the community
of interest compares with the state, the EPA region,
or the national average. For example, if a given
location is at the 95th percentile nationwide, this
means that only five percent of the US population
has a higher value than the average person in the
location being analyzed. EJSCREEN also reports EJ
indexes, which are combinations of a single
environmental indicator with the EJSCREEN
Demographic Index. For additional information
about environmental and demographic indicators
and EJ indexes reported by EJSCREEN, see EPA,
‘‘EJSCREEN Environmental Justice Mapping and
Screening Tool—EJSCREEN Technical
Documentation,’’ section 2 (September 2019).
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other EJ Index indicators, including the
respiratory hazard EJ Index.
As discussed in the EPA’s EJ technical
guidance, people of color and lowincome populations, such as those in
Imperial County, often experience
greater exposure and disease burdens
than the general population, which can
increase their susceptibility to adverse
health effects from environmental
stressors.57 Underserved communities
may have a compromised ability to cope
with or recover from such exposures
due to a range of physical, chemical,
biological, social, and cultural factors.58
Notwithstanding the EJ concerns
highlighted by the results of the
EJSCREEN analysis, because monitoring
data indicate the area has attained the
annual PM2.5 NAAQS, we do not believe
this proposed action will have
disproportionately high and adverse
human health or environmental effects
on minority populations and lowincome populations. This DAAD, when
finalized, will fulfill the EPA’s statutory
obligation under CAA section 179(c)(1)
to determine whether the Imperial PM2.5
nonattainment area attained the NAAQS
by the attainment date. Our final action
on the base year emissions inventory
will fulfill our statutory obligation to act
on SIP submittals under section
110(k)(3).
If we finalize our proposed CDD,
requirements related to achieving
attainment of the 2012 annual PM2.5
NAAQS will be suspended, as set forth
in 40 CFR 51.1015. Because the area has
attained the standard, such
requirements are not necessary for
timely attainment of the NAAQS.
However, if prior to a potential future
redesignation to attainment, we
determine the Imperial PM2.5
nonattainment area subsequently
violates the NAAQS, we will rescind the
57 EPA, ‘‘Technical Guidance for Assessing
Environmental Justice in Regulatory Analysis,’’
section 4 (June 2016).
58 Id. Section 4.1.
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CDD and require the area to submit a
SIP that addresses the pertinent
requirements.59
Notwithstanding the suspension of
certain attainment-related requirements,
all requirements adopted into the SIP
prior to attainment will remain in
place.60 For example, the PM2.5
emissions inventory in Imperial County
is dominated by dust. Together,
unpaved road dust, fugitive windblown
dust, and dust from farming operations
account for about 76 percent of the 2012
emissions inventory. Dust from mineral
processes contributes about 3 percent,
construction and demolition activities
contribute another 1.44 percent, and
dust from paved roads another 1
percent.61 These sources are controlled
by Imperial County’s Regulation VIII,
which the EPA previously approved as
meeting best available control
technology measure (BACM) levels of
control for PM10.62 Regulation VIII will
remain in place and will continue to
control emissions that contribute to
ambient PM2.5.
The EPA notes that there are other
efforts underway to reduce
environmental burdens in Imperial
County. The Imperial PM2.5
nonattainment area borders Mexico, and
the United States and Mexico have long
recognized the environmental
challenges near the border and share the
goal of protecting the environment and
public health throughout the U.S.Mexico border region. The two nations
have been working together outside the
framework of the SIP process to make
progress towards those goals.
The U.S.-Mexico Environmental
Program (‘‘Border 2025’’) is a five-year
(2021–2025) binational effort designed
‘‘to protect the environment and public
health in the U.S.-Mexico border region,
consistent with the principles of
sustainable development.’’ 63 Border
2025 is the latest of a series of
cooperative efforts implemented under
the 1983 La Paz Agreement. It builds on
previous binational efforts (i.e., the
Border 2012 and Border 2020
Environmental Programs), emphasizing
regional, bottom-up approaches for
decision making, priority setting, and
project implementation to address the
environmental and public health
59 See the PM
2.5 Implementation Rule, 81 FR
58010, 58128.
60 Id.
61 Imperial PM
2.5 Plan, Chapter 3.
62 75 FR 39366 (July 8, 2010) and 78 FR 23677
(April 22, 2013).
63 ‘‘Border 2025: United States—Mexico
Environmental Program,’’ included in this docket
and accessible at https://www.epa.gov/sites/default/
files/2021-05/documents/final_us_mx_border_
2025_final_may_6.pdf.
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problems in the border region. As in the
previous two border programs, Border
2025 encourages meaningful
participation from communities and
local stakeholders and establishes
guiding principles that will support the
mission statement, ensure consistency
among all aspects of the Border 2025
Program, and continue successful
elements of previous binational
environmental programs.
Border 2025 sets out four strategic
goals, including the reduction of air
pollution and the improvement of water
quality, to address environmental and
public health challenges in the border
region. Within the goals are specific
objectives that identify actions that will
be taken in support of the program’s
mission. The goals and objectives were
determined binationally between the
EPA and the Ministry of Environment
and Natural Resources of Mexico
(SEMARNAT) to address ongoing
environmental challenges and
considered input from state and tribal
partners. The ‘‘California-Baja California
2021–2023 Border 2025 Action Plan’’
lists and describes the projects that are
being undertaken to achieve the goals
and objectives of Border 2025, along
with the target outputs, expected
results, and status of each action.64
In addition to the ongoing efforts
under the Border 2025 agreement, in
2020, the EPA awarded the ICAPCD
$3,350,371 to pave 3.5 miles of
residential alleyways in the downtown
core of the City of Calexico to reduce
PM2.5 and PM10.65 The EPA
subsequently awarded the ICAPCD an
additional $3,485,940 to pave 2.5 miles
of residential alleyways in the City of El
Centro. The resulting reductions of
particulate emissions will relieve some
of the cumulative burden on
disadvantaged communities in the
Imperial PM2.5 nonattainment area.
VI. Proposed Action
For the reasons discussed in this
document, the EPA is proposing to
determine that the Imperial PM2.5
nonattainment area attained the 2012
annual PM2.5 NAAQS by its December
31, 2021 attainment date. This action,
when finalized, will fulfill the EPA’s
statutory obligation to determine
64 The ‘‘California-Baja California 2019–2020
Border 2020 Action Plan’’ is included in the docket
for this action and is accessible online at https://
www.epa.gov/usmexicoborder/region-9-actionplansplanes-de-accion-de-region-9.
65 A list of the Targeted Airshed Grants the EPA
awarded in fiscal years 2015–2021 is accessible
online at https://www.epa.gov/air-qualityimplementation-plans/targeted-airshed-grantrecipients. These EPA grants support projects to
reduce emissions in areas facing the highest levels
of ground-level ozone and PM2.5.
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
whether the Imperial PM2.5
nonattainment area attained the NAAQS
by the attainment date.
As provided in 40 CFR 51.1015, we
are also proposing a CDD. If the EPA
finalizes this proposal, the requirements
for this area to submit an attainment
demonstration, associated RACM, RFP
plan, contingency measures, and any
other SIP revisions related to the
attainment of the 2012 annual PM2.5
NAAQS, will be suspended so long as
this area continues to meet the standard.
This CDD does not constitute a
redesignation to attainment. The
Imperial PM2.5 nonattainment area will
remain designated nonattainment for
the 2012 annual PM2.5 NAAQS until
such time as the EPA determines,
pursuant to sections 107 and 175A of
the CAA, that the Imperial PM2.5
nonattainment area meets the CAA
requirements for redesignation to
attainment, including an approved
maintenance plan showing that the area
will continue to meet the standard for
10 years.
We are also proposing to approve the
Imperial PM2.5 Plan’s 2012 base year
emissions inventory as meeting the
requirements of CAA section 172(c)(3).
As authorized in section 110(k)(3) of the
Act, the EPA is proposing to approve
the submitted base year emissions
inventory because we believe it fulfills
all relevant requirements.
As described in Section I.B of this
document, the EPA’s finding of failure
to submit triggered an obligation for the
EPA to issue a FIP. The District and
CARB ultimately fulfilled their
obligation to submit a plan, but because
the EPA has not issued a final approval
of the Imperial PM2.5 Plan and because
the nonattainment plan requirements
continue to apply, our obligation to
promulgate a FIP remains in place. If the
EPA finalizes this proposed CDD, the
District’s and State’s nonattainment
planning obligations, except the
requirement for a base year emissions
inventory and new source review, will
be suspended.66 If, in addition to
making a CDD, we finalize our proposed
approval of the base year emissions
inventory, the EPA’s FIP obligation will
be suspended until such time as the
CDD is rescinded.67
The EPA is soliciting public
comments on the issues discussed in
this document. We will accept
comments from the public on this
proposal until November 21, 2022 and
66 See
Section I.D. of this document.
August 26, 2019, the EPA approved
Imperial County APCD’s amended Rule 207, ‘‘New
and Modified Stationary Source Review’’ as
meeting applicable CAA requirements for New
Source review. 84 FR 44545.
67 On
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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Proposed Rules
will consider comments before taking
final action.
enforceable duty on any state, local or
tribal governments or the private sector.
I. National Technology Transfer
Advancement Act (NTTAA)
VII. Statutory and Executive Order
Reviews
E. Executive Order 13132: Federalism
This rulemaking does not involve
technical standards.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This rule does not impose any new
information collection burden under the
PRA not already approved by the Office
of Management and Budget. This action
proposes to find that the Imperial PM2.5
nonattainment area attained the 2012
PM2.5 NAAQS by the applicable
attainment date, proposes to determine
the area has clean data, and proposes to
approve the base year emissions
inventory. Thus, the proposed action
does not establish any new information
collection burden that has not already
been identified and approved in the
EPA’s information collection request.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. The proposed approval of the
emissions inventory, the DAAD, and the
CDD for the 2012 PM2.5 NAAQS does
not in and of itself create any new
requirements beyond what is mandated
by the CAA. Instead, this rulemaking
only makes factual determinations, and
does not directly regulate any entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action imposes no
lotter on DSK11XQN23PROD with PROPOSALS1
63759
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16:31 Oct 19, 2022
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This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states and tribes, or
on the distribution of power and
responsibilities among the various
levels of government. The division of
responsibility between the Federal
Government and the states for the
purposes of implementing the NAAQS
is established under the CAA.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications. It will neither impose
substantial direct compliance costs on
federally recognized tribal governments,
nor preempt tribal law. There are no
tribes affected by this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
PO 00000
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (E.O.) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. The
EPA’s evaluation of this issue is
contained in the section of the preamble
titled ‘‘Environmental Justice
Considerations.’’
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022–22191 Filed 10–19–22; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Proposed Rules]
[Pages 63751-63759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22191]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2022-0745; FRL-10211-01-R9]
Determination of Attainment by the Attainment Date, Clean Data
Determination, and Proposed Approval of Base Year Emissions Inventory
for the Imperial County, California Nonattainment Area for the 2012
Annual Fine Particulate Matter NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Imperial County, California fine particulate matter
(PM2.5) nonattainment area (``Imperial PM2.5
nonattainment area'') attained the 2012 annual PM2.5
national ambient air quality standard (NAAQS or ``standard'') by its
December 31, 2021 ``Moderate'' area attainment date. This proposed
determination is based upon ambient air quality monitoring data from
2019 through 2021. We are also proposing to make a clean data
determination (CDD) based on our determination that preliminary air
quality monitoring data from 2022 indicate the Imperial
PM2.5 nonattainment area continues to attain the 2012 annual
PM2.5 NAAQS. If we finalize this CDD, certain Clean Air Act
(CAA) requirements that apply to the Imperial County Air Pollution
Control District (ICAPCD or ``District'') will be suspended for so long
as the area continues to meet the 2012 annual PM2.5 NAAQS.
The area will remain designated as nonattainment for the 2012 annual
PM2.5 NAAQS. The EPA is also proposing to approve a revision
to California's state implementation plan (SIP) consisting of the 2012
emissions inventory for the Imperial PM2.5 nonattainment
area, submitted by the California Air Resources Board (CARB or
``State'') on July 18, 2018.
DATES: Comments must be received on or before November 21, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0745 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. 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.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105; telephone number: (415) 972-
3964; email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to the EPA.
Table of Contents
I. Background for the EPA's Proposed Action
A. The 2012 Annual PM2.5 National Ambient Air Quality
Standard
B. Clean Air Act Requirements for PM2.5 Nonattainment
Areas
C. Imperial PM2.5 Nonattainment Area Designation and
State Implementation Plan Requirements
D. Requirement for Determination of Attainment of the 2012
Annual PM2.5 National Ambient Air Quality Standard
E. The EPA's Clean Data Policy
II. Proposed Determination of Attainment and Associated Rationale
A. Applicable Statutory and Regulatory Provisions
B. Monitoring Network Review, Quality Assurance, and Data
Completeness
C. The EPA's Evaluation of Attainment
III. Clean Data Determination
IV. Analysis of 2012 Base Year Emissions Inventory
A. California's SIP Submittal for the 2012 PM2.5
Standard for the Imperial PM2.5 Nonattainment Area
B. Public Notice, Public Hearing, and Completeness Requirements
for SIP Submittals
C. Requirements for Emissions Inventories
D. Base Year Emissions Inventory in the Imperial
PM2.5 Plan
E. The EPA's Evaluation
V. Environmental Justice Considerations
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. Background for the EPA's Proposed Action
A. The 2012 Annual PM2.5 National Ambient Air Quality
Standard
Under section 109 of the CAA, the EPA has established NAAQS 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. The EPA sets the NAAQS for criteria pollutants at levels
required to protect public health and welfare after considering
substantial evidence from numerous health studies demonstrating that
serious adverse health effects are associated with exposures to these
criteria pollutants.\1\
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\1\ For a given air pollutant, ``primary'' national ambient air
quality standards are those determined by the EPA as requisite to
protect the public health. ``Secondary'' standards are those
determined by the EPA as requisite to protect the public welfare
from any known or anticipated adverse effects associated with the
presence of such air pollutant in the ambient air. CAA section
109(b).
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Particulate matter includes particles with diameters that are
generally 2.5 microns or smaller (PM2.5) and particles with
diameters that are generally 10 microns or smaller (PM10).
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 (``secondary
PM2.5'') as a result of various chemical reactions among
precursor pollutants such as nitrogen oxides (NOX), sulfur
dioxide (SO2), volatile organic compounds (VOC), and ammonia
(NH3).\2\
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\2\ 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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Epidemiological studies have shown statistically significant
correlations between elevated PM2.5 levels and detrimental
effects to human health and the environment. The health effects
associated with PM2.5 exposure include changes in lung
function resulting in the development of respiratory symptoms,
aggravation of existing respiratory conditions, cardiovascular disease
(as indicated by increased hospital admissions, emergency room visits,
[[Page 63752]]
absences from school or work, and restricted activity days), and
premature mortality. Individuals particularly sensitive to
PM2.5 exposure include older adults, people with heart and
lung disease, and children.\3\ Elevated PM2.5 levels also
has adverse secondary effects such as visibility impairment and damage
to vegetation and ecosystems.
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\3\ Id.
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The EPA first established annual and 24-hour NAAQS for
PM2.5 on July 18, 1997.\4\ The annual primary and secondary
standards were set to 15.0 micrograms per cubic meter ([mu]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations. Then, on January 15, 2013, in order to provide
increased protection of public health, the EPA promulgated a more
stringent annual PM2.5 NAAQS, revising the primary standard
to 12.0 [mu]g/m\3\ based on a 3-year average of annual mean
PM2.5 concentrations, while retaining the secondary standard
at 15.0 [mu]g/m\3\.\5\
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\4\ 62 FR 38652. In October 2006, the EPA lowered the 24-hour
NAAQS for PM2.5 from 65 micrograms per cubic meter
([mu]g/m\3\) to 35 [mu]g/m\3\. 71 FR 61144 (October 17, 2006).
\5\ 78 FR 3086 and 40 CFR 50.18. Unless otherwise noted, all
references to the PM2.5 NAAQS in this document are to the
2012 annual NAAQS of 12.0 [micro]g/m\3\, codified at 40 CFR 50.18.
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B. Clean Air Act Requirements for PM2.5 Nonattainment Areas
The CAA requires states to develop a SIP that provides generally
for the attainment, maintenance, and enforcement of the NAAQS. In
addition, the CAA requires states to make a specific type of SIP
submittal, a nonattainment plan submittal, that imposes additional
controls for purposes of attaining the PM2.5 NAAQS, to
achieve reductions of PM2.5 and PM2.5 precursor
emissions.
The general CAA part D nonattainment area planning requirements are
found in subpart 1 and the nonattainment area planning requirements
specific to particulate matter are found in subpart 4. The subpart 1
statutory requirements for attainment plans include the following: the
section 172(c)(1) requirements for reasonably available control
measures (RACM)/reasonably available control technology (RACT) and
attainment demonstrations; the section 172(c)(2) requirement to
demonstrate reasonable further progress (RFP); the section 172(c)(3)
requirement for emissions inventories; the section 172(c)(5)
requirements for a nonattainment new source review (NNSR) permitting
program; and the section 172(c)(9) requirement for contingency
measures.
The more specific subpart 4 statutory requirements for Moderate
PM2.5 nonattainment areas include the following: the section
189(a)(1)(A) NNSR permit program requirements; the section 189(a)(1)(B)
requirements for attainment demonstrations; the section 189(a)(1)(C)
requirements for RACM; the section 189(c) requirements for RFP and
quantitative milestones; and the section 189(e) requirement for
controls on sources of PM10 precursors.
Under subpart 4, states with Moderate PM2.5
nonattainment areas must provide for attainment in the area as
expeditiously as practicable but no later than the end of the sixth
calendar year after designation. For the 2012 PM2.5 annual
NAAQS, this date is December 31, 2021. In addition, under subpart 4,
direct PM2.5 and all precursors to the formation of
PM2.5 are subject to control unless the EPA approves a
demonstration from the state establishing that a given precursor does
not contribute significantly to PM2.5 levels that exceed the
PM2.5 NAAQS in the area.\6\
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\6\ 40 CFR 51.1006 and 51.1009.
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To implement the PM2.5 NAAQS, the EPA has also
promulgated the ``Fine Particle Matter National Ambient Air Quality
Standard: State Implementation Plan Requirements; Final Rule''
(``PM2.5 Implementation Rule'').\7\ The PM2.5
Implementation Rule provides additional regulatory requirements and
guidance applicable to attainment plan submittals for the
PM2.5 NAAQS, including the 2012 annual PM2.5
NAAQS at issue in this action.
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\7\ 81 FR 58010 (August 24, 2016).
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C. Imperial PM2.5 Nonattainment Area Designation and State
Implementation Plan Requirements
Following promulgation of a new or revised NAAQS, the EPA is
required by CAA section 107(d) to designate areas throughout the nation
as attaining or not attaining the NAAQS.\8\ Those regions found not to
be attaining the NAAQS are also given a classification that describes
the degree of nonattainment. Under subpart 4 of part D of title I of
the CAA, the EPA designates areas found to be violating the
PM2.5 NAAQS, and areas that contribute to such violations,
as nonattainment and classifies them initially as Moderate
nonattainment areas.
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\8\ The EPA designated a portion of Imperial County as
nonattainment for the 2006 24-hour standard effective December 13,
2009, and subsequently determined that the area had attained the
standard. 74 FR 58688 (November 13, 2009) and 82 FR 13392 (March 13,
2017).
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On January 15, 2015, the EPA published initial air quality
designations for the 2012 annual PM2.5 NAAQS for most areas
in the United States, effective April 15, 2015. The EPA designated a
portion of Imperial County as a nonattainment area for the 2012 annual
PM2.5 standard and classified it as a ``Moderate'' area,
based on ambient monitoring data that showed the area was above 12.0
[mu]g/m\3\ for the 2011-2013 monitoring period.\9\
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\9\ For the 2011-2013 period relevant to the designation, the
annual PM2.5 design value for the Imperial
PM2.5 nonattainment area was 14.3 [mu]g/m\3\ based on
monitored readings at the Calexico-Ethel (``Calexico'') monitor. 80
FR 2206.
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As a consequence of the Moderate nonattainment designation and
classification, CAA sections 172(c) and 189(a), (c) and (e) required
the state of California to submit an attainment plan for the Imperial
PM2.5 nonattainment area within 18 months of the effective
date of designation (that is, by October 15, 2016), demonstrating
attainment of the NAAQS as expeditiously as practical but no later than
the end of the sixth calendar year following the designation, or
December 31, 2021, which is the latest permissible attainment date
under CAA section 188(c)(2).
Under state law, the local air district with primary responsibility
for developing a plan to attain the 2012 annual PM2.5 NAAQS
in this area is the ICAPCD. Also under state law, authority for
regulating sources under state jurisdiction in the Imperial
PM2.5 nonattainment area 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.
Effective May 7, 2018, the EPA issued a finding that California had
failed to submit a timely revision to its SIP as required to satisfy
certain requirements under the CAA for implementation for the 2012
annual PM2.5 NAAQS for the Imperial PM2.5
nonattainment area.\10\ For mandatory SIP requirements under part D,
title I of the CAA, such as those for PM2.5 nonattainment
areas, the EPA's finding that a state has failed to make the required
complete SIP submission establishes specific consequences. These
consequences include the imposition of mandatory sanctions for the
affected area if the state has not submitted a complete SIP within 18
months of the finding of failure to submit, in this case by October 6,
2019.\11\ Additionally, such a finding triggers an obligation under CAA
section 110(c) for the EPA to promulgate a federal implementation plan
(FIP) for
[[Page 63753]]
the area no later than two years from the effective date of the finding
if the state has not submitted and the EPA has not approved the
required SIP submittal.
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\10\ 83 FR 14759 (April 6, 2018).
\11\ CAA section 179.
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The District worked cooperatively with CARB in preparing the
``Imperial County 2018 Annual Particulate Matter Less than 2.5 Microns
in Diameter State Implementation Plan.'' (Imperial PM2.5
Plan, or ``Plan''), which was adopted by the District on April 24,
2018. CARB submitted the Imperial PM2.5 Plan as a revision
to the California SIP on July 18, 2018. On October 29, 2018, CARB
submitted Imperial County rules related to the contingency measure
element of the attainment plan.\12\ On March 19, 2019, we determined
that together these submittals addressed our finding of failure to
submit and corrected the deficiency that formed the basis for that
finding.\13\ As a result, the offset and highway sanctions clocks
triggered by the finding of failure to submit were permanently stopped,
but the EPA's obligation to issue a FIP remained in place.
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\12\ The EPA approved these rules in a separate action. 84 FR
45418 (August 29, 2019).
\13\ Letter dated March 19, 2019, from Elizabeth Adams, Air
Division Director, EPA, Region IX, to Richard Corey, Executive
Officer, CARB.
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D. Requirement for Determination of Attainment of the 2012 Annual PM2.5
National Ambient Air Quality Standard
Section 179(c) of the CAA requires that within six months following
the applicable attainment date, the EPA shall determine whether a
nonattainment area attained the standard based on the area's design
value \14\ as of that date, i.e., as of December 31, 2021.\15\ In this
instance, this determination, also referred to as a determination of
attainment by the attainment date or a DAAD, is based on certified data
for the period of 2019--2021. Section 179(c)(2) of the CAA requires the
EPA to publish the determination in the Federal Register no later than
6 months after the attainment date, that is, in the case of the
Imperial PM2.5 nonattainment area, by June 30, 2022. If the
EPA determines that a Moderate area failed to attain, CAA section
188(b)(2) requires the area to be reclassified by operation of law as a
Serious nonattainment area.
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\14\ A design value is the 3-year average NAAQS metric that is
compared to the NAAQS level to determine when a monitoring site
meets or does not meet the NAAQS. The specific methodologies for
calculating whether the annual PM2.5 NAAQS is met at each
eligible monitoring site in an area is found in 40 CFR part 50,
Appendix N, Section 4.1.
\15\ A determination that an area has attained by the applicable
attainment date does not constitute a redesignation to attainment.
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E. The EPA's Clean Data Policy
While the EPA may determine that an area's air quality data
indicate that an area met the PM2.5 NAAQS as of the
attainment date, this does not eliminate the state's responsibility
under the Act to adopt and implement an approvable attainment plan
unless the area also has been granted a CDD.\16\ Under the EPA's
longstanding Clean Data Policy, which was reaffirmed in the
PM2.5 Implementation Rule at 40 CFR 51.1015, when an area
has attained the relevant PM2.5 standard(s), the EPA may
issue a CDD (also sometimes referred to as a determination of
attainment for the purposes of the Clean Data Policy or regulations)
after notice and comment rulemaking determining that a specific area is
attaining the relevant standard(s). A CDD is not linked to any
particular attainment deadline and is not necessarily equivalent to a
determination that an area has attained the standard by its applicable
attainment deadline.
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\16\ 81 FR 58010, 58069.
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The effect of a CDD is to suspend the requirement for the area to
submit an attainment demonstration, RACM, an RFP plan, contingency
measures, and any other planning requirements related to attainment for
as long as the area continues to attain the standard.\17\ With respect
to the attainment demonstration requirements of section 172(c) and
section 189(a)(1)(B) of the CAA, the EPA finds that if an area already
has air quality monitoring data demonstrating attainment of the
standard, there is no need for an area to make a further submittal
containing additional measures to achieve attainment, nor is there a
need for the area to perform future modeling to show how the area will
achieve attainment. Similarly, both CAA sections 172(c)(1) and
189(a)1)(C) require provisions to assure that RACM that are necessary
to help an area achieve attainment are implemented. Thus, where an area
is already attaining the standard, no additional RACM are required.
Additionally, the EPA interprets the CAA as not requiring the submittal
of RFP and associated quantitative milestones for areas that are
already attaining the NAAQS. For areas that are attaining the NAAQS,
showing that the state will make RFP towards attainment has no meaning.
Similar reasoning applies to other SIP submittal requirements that are
linked with attainment demonstration and RFP requirements. The EPA
interprets the obligation to submit contingency measures as suspended
when the area has attained the standard because those contingency
measures are directed at ensuring RFP and attainment by the applicable
date. A CDD does not suspend the requirements for an emissions
inventory or for new source review.\18\
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\17\ In the context of CDDs, the EPA distinguishes between
attainment planning requirements of the CAA, which relate to the
attainment demonstration for an area and related control measures
designed to bring an area into attainment for the given NAAQS as
expeditiously as practicable, and other types of requirements, such
as permitting requirements under the nonattainment new source review
program, emissions inventory requirement, and specific control
requirements independent of those strictly needed to ensure timely
attainment of the given NAAQS.
\18\ On August 26, 2019, the EPA approved Imperial County APCD's
amended Rule 207, ``New and Modified Stationary Source Review'' as
meeting applicable CAA requirements for New Source review, thereby
satisfying the requirement for new source review. 84 FR 44545. This
action includes our proposed approval of the base year emissions
inventory included in the attainment plan for the Imperial County
nonattainment area submitted on July 18, 2018. See Section IV of
this document.
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II. Proposed Determination of Attainment and Associated Rationale
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 by the
applicable attainment date, based on the area's air quality ``as of the
attainment date.'' Generally, this determination of whether an area's
air quality meets the PM2.5 standards is based upon the most
recent three years of complete, certified data gathered at eligible
monitoring sites in accordance with 40 CFR part 58.\19\ The
requirements of 40 CFR part 58 include quality assurance procedures for
monitor operation and data handling, siting parameters for instruments
or instrument probes, and minimum ambient air quality monitoring
network requirements. State, local, or tribal agencies that operate air
monitoring sites in accordance with 40 CFR part 58 must enter the
ambient air quality data and associated quality assurance data from
these sites into the EPA's Air Quality System (AQS) database.\20\ These
monitoring agencies certify annually that these data are accurate to
the best of their knowledge, taking into consideration the quality
assurance findings.\21\ Accordingly, the EPA relies primarily on AQS
data when determining the attainment status of an area.
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\19\ 40 CFR part 50, Appendix N, section 3.0.
\20\ 40 CFR 58.16. AQS is the EPA's national repository of
ambient air quality data.
\21\ 40 CFR 58.15(a).
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The 2012 primary annual PM2.5 standard is met when the
three year
[[Page 63754]]
average of the annual arithmetic mean concentration, as determined in
accordance with 40 CFR part 50 appendix N, is less than or equal to
12.0 [mu]g/m\3\ at each eligible monitoring site (based on the rounding
convention in 40 CFR part 50, Appendix N).\22\ For the annual
PM2.5 standard, eligible monitoring sites are those
monitoring stations that meet the criteria specified in 40 CFR 58.11
and 58.30, and thus are approved for comparison to the annual
PM2.5 NAAQS.\23\ Three years of valid annual means are
required to produce a valid annual PM2.5 NAAQS design
value.\24\ 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.\25\ We note that monitors with incomplete data in one
or more quarters may still produce valid design values if the
conditions for applying the EPA's data substitution test are met.\26\
In determining whether data are suitable for regulatory determinations,
the EPA uses a ``weight of evidence'' approach, considering the
requirements of 40 CFR part 58, Appendix A ``in combination with other
data quality information, reports, and similar documentation that
demonstrate overall compliance with Part 58.'' \27\
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\22\ 40 CFR 50.18(b); 40 CFR part 50, Appendix N, section 4.1(a)
\23\ 40 CFR part 50, Appendix N section 1.0(c)
\24\ 40 CFR part 50, Appendix N, Section 4.1(b).
\25\ Id.
\26\ 40 CFR part 50 Appendix N, section 4.1(b) and (c).
\27\ 40 CFR part 58, Appendix A, section 1.2.3.
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B. Monitoring Network Review, Quality Assurance, and Data Completeness
The State and the District are the governmental agencies with the
authority and responsibility under state law for collecting ambient air
quality data within the Imperial PM2.5 nonattainment area.
During the 2019-2021 period, CARB and the ICAPCD operated three
PM2.5 state and local air monitoring stations (SLAMS) within
the Imperial PM2.5 nonattainment area; all three sites are
located in the southern portion of Imperial County. The Calexico-Ethel
monitoring site (AQS ID: 06-025-0005) is operated by CARB and is
located approximately 0.7 miles north of the United States-Mexico
border. The Calexico-Ethel monitoring site measured the highest 2021
design value \28\ within the Imperial PM2.5 nonattainment
area; it is therefore considered the ``design value site'' for the
area. The ICAPCD operates two additional SLAMS: the Brawley monitoring
site (AQS ID: 06-025-0007), located in the City of Brawley, 9 miles
north of the border, and the El Centro monitoring site (AQS ID: 06-025-
1003), located in the City of El Centro, 22 miles north of the border.
CARB, as the primary quality assurance organization for the Imperial
PM2.5 nonattainment area, submits annual monitoring network
plans to the EPA documenting the status of CARB's air monitoring
network, as required under 40 CFR 58.10.\29\ The EPA reviews these
annual network plans for compliance with specific requirements in 40
CFR 58. With respect to PM2.5, we have found that the annual
network plans submitted by CARB meet these requirements under 40 CFR
part 58, including minimum monitoring requirements.\30\
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\28\ According to 40 CFR part 50, Appendix N--Interpretation of
the National Ambient Air Quality Standards for PM2.5,
design values are ``the metrics (i.e., statistics) that are compared
to the NAAQS levels to determine compliance, calculated as shown in
section 4 of this appendix. . .''
\29\ We have included copies of CARB's annual network plans for
2019-2021 in the docket for this rulemaking.
\30\ We have included our reviews of CARB's annual network plans
and the correspondence transmitting these reviews in the docket for
this rulemaking.
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In accordance with 40 CFR 58.15, CARB certifies annually that the
previous year's ambient concentration and quality assurance data are
completely submitted to AQS and that the ambient concentration data are
accurate, taking into consideration the quality assurance findings.\31\
Along with the certification letters, CARB submits a summary of the
precision and accuracy data for all ambient air quality data.\32\
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\31\ We have included CARB's annual data certifications for
2019, 2020, and 2021 in the docket for this rulemaking.
\32\ 40 CFR 58.15(c).
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The design value report also includes a validity indicator (``Valid
Ind.'') that reflects whether the design value is valid (i.e.,
calculated using data that meet the applicable completeness criteria).
For the purposes of this proposal, we reviewed the data for the 2019--
2021 period for completeness and determined that the PM2.5
data collected by CARB and the ICAPCD met the 75 percent completeness
criterion for all 12 quarters at the Imperial County monitoring sites
except for the PM2.5 data collected at the Brawley
monitoring site.\33\ The Brawley monitor recorded less than 75 percent
data capture during the 2nd quarter of 2021 (37 percent) due to monitor
replacement. Because the data substitution test under 40 CFR part 50,
Appendix N, section 4.1(c)(ii) requires each quarter to have data
completeness of at least 50 percent, the Brawley 2021 data do not
qualify for the data substitution test. The Brawley site has not
historically been the 2012 annual PM2.5 design value site
for the area. We assessed the long-term trends at the Brawley
monitoring site and determined that the site has historically had
design values below the annual PM2.5 NAAQS. During the 2012
to 2021 period, the Brawley monitoring site consistently had lower
design values for the 2012 annual PM2.5 NAAQS than the
Calexico-Ethel monitoring site in Imperial County.\34\ Furthermore, the
District exceeds the PM2.5 minimum monitoring requirements
in the El Centro Metropolitan Statistical Area (MSA). Thus, based on
the historical design value concentrations at the Brawley monitoring
site relative to the 2012 annual PM2.5 NAAQS, we find that
the incomplete data at the Brawley monitoring site should not preclude
the EPA from determining the Imperial PM2.5 nonattainment
area has attained the 2012 annual PM2.5 NAAQS.
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\33\ AQS Design Value Report (AMP480), dated August 31, 2022
(User ID: STSAI, Report Request ID: 2042550).
\34\ Id.
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Finally, the EPA conducts regular technical systems audits (TSAs)
where we review and inspect state and local ambient air monitoring
programs to assess compliance with applicable regulations concerning
the collection, analysis, validation, and reporting of ambient air
quality data. For the purposes of this proposal, we reviewed the
findings from the EPA's most recent TSA of CARB's ambient air
monitoring program.\35\ The results of the TSA do not preclude the EPA
from determining that the Imperial PM2.5 nonattainment area
has attained the 2012 annual PM2.5 NAAQS.
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\35\ See letter dated February 3, 2020, from Elizabeth J. Adams,
Director, Air Division, U.S. EPA Region IX, to Richard Corey,
Executive Officer, CARB.
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In summary, based on the relevant monitoring network plans,
certifications, quality assurance data, and 2018 TSA, we propose to
find that the PM2.5 data collected at the Imperial County
monitoring sites are suitable for determining whether the Imperial
PM2.5 nonattainment area attained the 2012 annual
PM2.5 NAAQS by the applicable attainment date.
C. The EPA's Evaluation of Attainment
Table 1 provides the PM2.5 design values at each of the
three monitoring sites with the Imperial PM2.5 nonattainment
area, expressed as a single design value representing the average of
the annual mean values from the 2019-2021 period; the annual mean
[[Page 63755]]
for each individual year is also listed.\36\ The PM2.5 data
show that the design values at the Imperial County monitoring sites
were below the 2012 annual PM2.5 NAAQS of 12.0 [micro]g/
m\3\. The Brawley monitoring site recorded less than 75 percent data
capture during the 2nd quarter of 2021 (37 percent) due to monitor
replacement. As discussed in Section II.B above, based on the
historical design value concentrations at the Brawley monitoring site
relative to the 2012 annual PM2.5 NAAQS, we find that the
incomplete data at the Brawley monitoring site should not preclude the
EPA from determining the Imperial PM2.5 nonattainment area
has attained the 2012 annual PM2.5 NAAQS. Consequently, the
EPA proposes to determine based upon three years of complete, quality-
assured, and certified data from 2019 through 2021 that the Imperial
PM2.5 nonattainment area has attained the 2012 annual
PM2.5 NAAQS by its December 31, 2021 attainment date.
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\36\ AQS Design Value Report (AMP480), dated August 31, 2022
(User ID: STSAI, Report Request ID: 2042550).
Table 1--2019-2021 Annual PM2.5 Design Values for the Imperial PM2.5 Nonattainment Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual weighted mean ([micro]g/m\3\)
Local site name Site (AQS ID) ---------------------------------------------------------------- 2019-2021 Annual design values
2019 2020 2021 ([micro]g/m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Calexico-Ethel......................... 06-025-0005 10.7 12.0 10.3.......................... 11.0.
El Centro.............................. 06-025-1003 7.9 9.8 8.4........................... 8.7.
Brawley................................ 06-025-0007 8.3 9.4 7.8 (Inc)..................... 8.5. (Inv) \a\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on the design value calculation methodologies described in 40 CFR part 50, Appendix N, section 4.1(b), the Brawley (AQS ID: 06-025-0007) 2019-
2021 design value is considered invalid due to incomplete data in the 2nd quarter of 2021.
Source: EPA, Design Value Report, AMP480, dated August 31, 2022 (User ID: STSAI, Report Request ID: 2042550).
Notes: Inc = Incomplete data. Inv = Invalid design value due to incomplete data.
III. Clean Data Determination
As described in section I.C. of this document, when an area has
attained the relevant PM2.5 standard(s), the EPA may issue a
CDD after notice and comment rulemaking determining that a specific
area is attaining the relevant standard.\37\ Based on complete,
quality-assured, and certified data for 2019-2021, the Imperial
PM2.5 nonattainment area meets the 2012 annual
PM2.5 standard.
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\37\ See 40 CFR 51.1015.
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Preliminary data available in AQS for 2022 (January through June)
indicate that the area continues to show concentrations consistent with
attainment of the 2012 annual PM2.5 standard.\38\
Consequently, the EPA is proposing to issue a CDD.
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\38\ AQS Design Value Report (AMP480), dated September 2, 2022
(User ID: STSAI, Report Request ID: 2043042).
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If we finalize this proposed CDD, the requirements for the State to
submit an attainment demonstration, provisions demonstrating RACM
(including RACT for stationary sources), an RFP plan, quantitative
milestones and quantitative milestone reports, and contingency measures
for the area will be suspended until such time as: (1) the area is
redesignated to attainment, after which such requirements are
permanently discharged; or, (2) the EPA determines that the area has
re-violated the PM2.5 NAAQS, at which time the state shall
submit such attainment plan elements for the moderate nonattainment
area by a future date to be determined by the EPA and announced through
publication in the Federal Register at the time the EPA determines the
area is violating the PM2.5 NAAQS.
A CDD does not suspend the requirements for an emissions inventory
or for new source review. This action includes our proposed approval of
the 2012 base year emissions inventory included in the attainment plan
for the Imperial PM2.5 nonattainment area, submitted on July
18, 2018.\39\ The EPA fully approved the District's new source review
program as meeting CAA requirements on August 26, 2019.\40\
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\39\ See Section IV of this rulemaking.
\40\ 84 FR 44545.
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IV. Analysis of 2012 Base Year Emissions Inventory
A. California's SIP Submittal for the 2012 PM2.5 Standard for the
Imperial PM2.5 Nonattainment Area
This rulemaking also addresses the 2012 base year emissions
inventory included in the Imperial PM2.5 Plan, adopted by
the District on April 24, 2018, and submitted to the EPA as a SIP
revision on July 18, 2018.\41\
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\41\ As provided in 40 CFR 51.1015, our clean data determination
for the Imperial PM2.5 nonattainment area suspends
requirements to submit an attainment demonstration, associated RACM,
RFP plan, contingency measures, and other SIP revisions related to
the attainment of the 2012 annual PM2.5 NAAQS, but does
not suspend the requirement for a base year emissions inventory.
Therefore, in conjunction with our proposed clean data determination
for the Imperial PM2.5 nonattainment area, we are also
proposing to approve the 2012 base year inventory submitted with the
Imperial PM2.5 Plan.
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Imperial County encompasses over 4,000 square miles in southeastern
California. Its population is estimated to be approximately 180,000
people, and its principal industries are farming and retail trade. It
is bordered by Riverside County to the north, Arizona to the east,
Mexico to the south, and San Diego County to the west. The Imperial
Valley runs north-south through the central part of the County. Most of
the County's population and industries exist within this relatively
narrow land area, which extends about one-fourth the width of the
County. The rest of Imperial County is primarily desert, with little or
no human population. The Imperial PM2.5 nonattainment area,
which encompasses 982.1 square miles, is located within this central
portion of the County. It is bordered to the north by the southern end
of the Salton Sea and extends south to the Mexico border. The
nonattainment area encompasses the three most populous cities in the
County (Brawley, El Centro, and Calexico), and includes most of
Imperial County's residents. For a precise description of the
geographic boundaries of the Imperial PM2.5 nonattainment
area, see 40 CFR 81.305.
B. Public Notice, Public Hearing, and Completeness Requirements for SIP
Submittals
CAA sections 110(a)(1) and (2) and 110(l) require each state to
provide reasonable public notice and opportunity for public hearing
prior to the adoption and submittal of a SIP or SIP revision to the
EPA. To meet this requirement, every SIP submittal should include
evidence that adequate public notice was given and an opportunity for a
public hearing was provided
[[Page 63756]]
consistent with the EPA's implementing regulations in 40 CFR 51.102.
Both the District and the State satisfied applicable statutory and
regulatory requirements for reasonable public notice and hearing prior
to adoption and submittal of the Imperial PM2.5 Plan. The
District provided a public comment period and held a public hearing
prior to the adoption of the SIP submittal on April 24, 2018. CARB
provided the required public notice and opportunity for public comment
prior to its May 25, 2018 public hearing and adoption of the SIP
submittal.\42\ The submittal includes proof of publication of notices
for the respective public hearings. We find, therefore, that the
Imperial PM2.5 Plan meets the procedural requirements for
public notice and hearing in CAA sections 110(a) and 110(l).
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\42\ CARB, ``Notice of Public Meeting to Consider the
PM2.5 State Implementation Plan for Imperial County,''
April 27, 2018; and CARB Board Resolution 18-18, ``PM2.5
State Implementation Plan for Imperial County,'' May 25, 2018.
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CAA section 110(k)(1)(B) requires the EPA to determine whether a
SIP submittal is complete within 60 days of receipt. This section of
the CAA also provides that any plan that the EPA has not affirmatively
determined to be complete or incomplete will become complete by
operation of law six months after the date of submittal. The EPA's SIP
completeness criteria are found in 40 CFR part 51, Appendix V. On March
19, 2019, the EPA affirmatively found that the July 18, 2018 and
October 29, 2019 submittals fulfill our completeness criteria.\43\
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\43\ Letter dated March 19, 2019, from Elizabeth Adams, Air
Division Director, EPA, Region IX, to Richard Corey, Executive
Officer, CARB.
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C. Requirements for Emissions Inventories
CAA section 172(c)(3) requires that each nonattainment plan SIP
submittal include a comprehensive, accurate, current inventory of
actual emissions from all sources of the relevant pollutant or
pollutants in the nonattainment area. This base year emissions
inventory should provide a state's best estimate of actual emissions
from all sources of the relevant pollutants in the area, i.e., all
emissions that contribute to the formation of a particular NAAQS
pollutant. For the PM2.5 NAAQS, the base year inventory must
include direct PM2.5 emissions, separately reported
filterable and condensable PM2.5 emissions, and emissions of
all chemical precursors to the formation of secondary PM2.5,
i.e., NOX, SO2, VOC, and ammonia.\44\
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\44\ 40 CFR 51.1008.
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A state's nonattainment plan SIP submittal must include
documentation explaining how it calculated the emissions data. In
estimating mobile source emissions, a state should use the latest
emissions models and planning assumptions available at the time the SIP
is developed. At the time the Imperial PM2.5 Plan was
developed, the latest EPA-approved version of California's mobile
source emission factor model for estimating tailpipe, brake and tire
wear emissions from on-road mobile sources was EMFAC2014.\45\ A state
is also required to use the EPA's ``Compilation of Air Pollutant
Emission Factors'' (AP-42) road dust method for calculating re-
entrained road dust emissions from paved roads.46 47
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\45\ 80 FR 77337 (December 14, 2015). EMFAC is short for
EMission FACtor. The EPA announced the availability of the EMFAC2014
model for use in state implementation plan development and
transportation conformity in California on December 14, 2015. The
EPA's approval of the EMFAC2014 emissions model for SIP and
conformity purposes was effective on the date of publication of the
notice in the Federal Register. On August 15, 2019, the EPA approved
and announced the availability of EMFAC2017, the latest update to
the EMFAC model for use by State and local governments to meet CAA
requirements. 84 FR 41717.
\46\ The EPA released an update to AP-42 in January 2011 that
revised the equation for estimating paved road dust emissions based
on an updated data regression that included new emission tests
results. 76 FR 6328 (February 4, 2011). CARB used the revised 2011
AP-42 methodology in developing on-road mobile source emissions; see
https://www.arb.ca.gov/ei/areasrc/fullpdf/full7-9_2016.pdf.
\47\ AP-42 is the EPA's Compilation of Air Pollutant Emission
Factors. It has been published since 1972 as the primary source of
the EPA's emission factor information. It contains emission factors
and process information for more than 200 air pollution source
categories. A source category is a specific industry sector or group
of similar emitting sources. The emission factors have been
developed and compiled from source test data, material balance
studies, and engineering estimates.
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D. Base Year Emissions Inventory in the Imperial PM2.5 Plan
Summaries of the planning emissions inventories for direct
PM2.5 and all PM2.5 precursors (NOX,
SOX,\48\ VOC,\49\ and ammonia) and the documentation for the
inventories for the Imperial PM2.5 nonattainment area are
located in Chapter 3 of the Plan. More detailed emissions inventories
for the Imperial PM2.5 nonattainment area are found in
Appendix B of the Plan. A more in-depth discussion of the methodology
used by CARB and the District to develop projected inventories for
modeling is included in Appendix G to Appendix A of the Imperial
PM2.5 Plan.
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\48\ The Imperial PM2.5 Plan generally uses ``sulfur
oxides'' or ``SOX'' in reference to SO2 as a
precursor to the formation of PM2.5. We use
SOX and SO2 interchangeably throughout this
notice.
\49\ The Imperial PM2.5 Plan generally uses
``reactive organic gasses'' or ``ROG'' in reference to VOC as a
precursor to the formation of PM2.5. We use ROG and VOC
interchangeably throughout this notice. See https://www.arb.ca.gov/ei/speciate/voc_rog_dfn_1_09.pdf.
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CARB and District staff worked together to develop the emissions
inventories for the Imperial PM2.5 nonattainment area. The
District worked with operators of larger stationary facilities in the
nonattainment area to develop the stationary source emissions
estimates. CARB staff developed the emissions inventories for both on-
road and off-road mobile sources.\50\ The responsibility for developing
estimates for the areawide sources such as agricultural burning and
paved road dust was shared by the District and CARB.
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\50\ EPA regulations refer to ``nonroad'' vehicles and engines
whereas California Air Resources Board (CARB) regulations refer to
``off-road'' vehicles and engines. These terms refer to the same
types of vehicles and engines, and for the purposes of this action,
we will be using CARB's chosen term, ``off-road,'' to refer to such
vehicles and engines.
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The Imperial PM2.5 Plan includes annual average
emissions inventories for the 2012 base year. The inventory includes
emissions from stationary, areawide, and mobile sources.\51\ The
District developed base year inventories for larger stationary sources
using actual emissions reports prepared by facility operators. CARB and
the District estimated emissions for smaller stationary sources by
using various methodologies reported as an aggregated total. CARB
developed the base year emissions inventory for areawide sources using
the most recent models and methodologies.\52\ For the mobile source
inventory, CARB used EMFAC2014 to estimate on-road motor vehicle
emissions.\53\ CARB calculated re-entrained paved road dust emissions
using a CARB methodology consistent with the EPA's AP-42 road dust
methodology, and taking into account reductions from District Rules
803, ``Carry Out and Track Out'' and 805, ``Paved and Unpaved Roads.''
\54\
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\51\ Section 3-7 of the Imperial PM2.5 Plan describes
how county-wide emissions were allocated to the nonattainment area,
which encompasses a portion of Imperial County. For example,
geographical coordinates of stationary sources were used to
determine if a source is located within the nonattainment area.
Allocations of emissions from areawide sources were based on spatial
surrogates such as paved road miles or human population.
\52\ Imperial PM2.5 Plan, Chapter 3.
\53\ Id. at 3-16.
\54\ Id. at 3-10. Additional information regarding this
methodology is available at https://www.arb.ca.gov/ei/areasrc/arbmiscprocunpaverddst.htm.
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Table 1 provides a summary of the annual average inventories in
tons per day (tpd) of direct PM2.5 and PM2.5
[[Page 63757]]
precursors for the base year of 2012. For a detailed breakdown of the
inventories, see Chapter 3 and Appendix B in the Imperial
PM2.5 Plan.
Table 1--Imperial Annual Average Emissions Inventory for Direct PM2.5 and PM2.5 Precursors for the 2012 Base
Year
[tpd]
----------------------------------------------------------------------------------------------------------------
Direct PM2.5
Category NOX SOX VOC Ammonia
----------------------------------------------------------------------------------------------------------------
Stationary Sources.............. 0.55 1.54 0.000 0.96 1.19
Areawide Sources................ 10.58 0.37 0.05 5.14 21.94
On-Road Mobile Sources.......... 0.19 5.31 0.02 1.77 0.11
Off-Road Mobile Sources......... 0.98 6.98 0.21 4.03 0.00
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Totals...................... 12.30 14.19 0.28 11.89 23.24
----------------------------------------------------------------------------------------------------------------
Source: Imperial PM2.5 Plan, Chapter 3, Table 3-8a.
E. The EPA's Evaluation
The inventories in the Imperial PM2.5 Plan are based on
the most current and accurate information available to the State and
District at the time the Plan and its inventories were being developed,
including the latest version of California's mobile source emissions
model at that time, EMFAC2014. The inventories comprehensively address
all source categories in the Imperial PM2.5 nonattainment
area and were developed consistent with the EPA's inventory guidance.
For these reasons, we are proposing to approve the 2012 base year
emissions inventory in the Imperial PM2.5 Plan as meeting
the requirements of CAA section 172(c)(3).
V. Environmental Justice Considerations
Executive Order 12898 (59 FR 7629, February 16, 1994) requires that
federal agencies, to the greatest extent practicable and permitted by
law, identify and address disproportionately high and adverse human
health or environmental effects of their actions on minority and low-
income populations. Additionally, Executive Order 13985 (86 FR 7009,
January 25, 2021) directs federal government agencies to assess
whether, and to what extent, their programs and policies perpetuate
systemic barriers to opportunities and benefits for people of color and
other underserved groups, and Executive Order 14008 (86 FR 7619,
February 1, 2021) directs federal agencies to develop programs,
policies, and activities to address the disproportionate health,
environmental, economic, and climate impacts on disadvantaged
communities.
To identify environmental burdens and susceptible populations in
underserved communities in the Imperial PM2.5 nonattainment
area and to better understand the context of the DAAD, the CDD, and our
proposed approval of the emissions inventory on these communities, we
conducted a screening-level analysis using the EPA's environmental
justice (EJ) screening and mapping tool (``EJSCREEN'').\55\ Our
screening-level analysis indicates that communities affected by this
action score above the national average for the EJSCREEN ``Demographic
Index,'' which is the average of an area's percent minority and percent
low income populations, i.e., the two demographic indicators explicitly
named in Executive Order 12898.\56\ These communities also score above
the national average for the ``linguistically isolated population,''
and ``population with less than high school education'' indicators.
Although the area is attaining the PM2.5 NAAQS, because
almost all areas across the U.S. are also attaining the NAAQS (many by
a wider margin), communities within the Imperial PM2.5
nonattainment area score above the national average for the
PM2.5 EJ index. These communities also score above the
national average for other EJ Index indicators, including the
respiratory hazard EJ Index.
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\55\ EJSCREEN provides a nationally consistent dataset and
approach for combining environmental and demographic indicators.
EJSCREEN is available at https://www.epa.gov/ejscreen/what-ejscreen.
The EPA used EJSCREEN to obtain environmental and demographic
indicators representing the Imperial PM2.5 nonattainment
area, the City of Calexico, which measures the highest levels of
PM2.5 in the nonattainment area, and the City of El
Centro. These indicators are included in EJSCREEN reports that are
available in the rulemaking docket for this action.
\56\ EJSCREEN reports environmental indicators (e.g., air toxics
cancer risk, Pb paint exposure, and traffic proximity and volume)
and demographic indicators (e.g., people of color, low income, and
linguistically isolated populations). The score for a particular
indicator measures how the community of interest compares with the
state, the EPA region, or the national average. For example, if a
given location is at the 95th percentile nationwide, this means that
only five percent of the US population has a higher value than the
average person in the location being analyzed. EJSCREEN also reports
EJ indexes, which are combinations of a single environmental
indicator with the EJSCREEN Demographic Index. For additional
information about environmental and demographic indicators and EJ
indexes reported by EJSCREEN, see EPA, ``EJSCREEN Environmental
Justice Mapping and Screening Tool--EJSCREEN Technical
Documentation,'' section 2 (September 2019).
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As discussed in the EPA's EJ technical guidance, people of color
and low-income populations, such as those in Imperial County, often
experience greater exposure and disease burdens than the general
population, which can increase their susceptibility to adverse health
effects from environmental stressors.\57\ Underserved communities may
have a compromised ability to cope with or recover from such exposures
due to a range of physical, chemical, biological, social, and cultural
factors.\58\
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\57\ EPA, ``Technical Guidance for Assessing Environmental
Justice in Regulatory Analysis,'' section 4 (June 2016).
\58\ Id. Section 4.1.
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Notwithstanding the EJ concerns highlighted by the results of the
EJSCREEN analysis, because monitoring data indicate the area has
attained the annual PM2.5 NAAQS, we do not believe this
proposed action will have disproportionately high and adverse human
health or environmental effects on minority populations and low-income
populations. This DAAD, when finalized, will fulfill the EPA's
statutory obligation under CAA section 179(c)(1) to determine whether
the Imperial PM2.5 nonattainment area attained the NAAQS by
the attainment date. Our final action on the base year emissions
inventory will fulfill our statutory obligation to act on SIP
submittals under section 110(k)(3).
If we finalize our proposed CDD, requirements related to achieving
attainment of the 2012 annual PM2.5 NAAQS will be suspended,
as set forth in 40 CFR 51.1015. Because the area has attained the
standard, such requirements are not necessary for timely attainment of
the NAAQS. However, if prior to a potential future redesignation to
attainment, we determine the Imperial PM2.5 nonattainment
area subsequently violates the NAAQS, we will rescind the
[[Page 63758]]
CDD and require the area to submit a SIP that addresses the pertinent
requirements.\59\
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\59\ See the PM2.5 Implementation Rule, 81 FR 58010,
58128.
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Notwithstanding the suspension of certain attainment-related
requirements, all requirements adopted into the SIP prior to attainment
will remain in place.\60\ For example, the PM2.5 emissions
inventory in Imperial County is dominated by dust. Together, unpaved
road dust, fugitive windblown dust, and dust from farming operations
account for about 76 percent of the 2012 emissions inventory. Dust from
mineral processes contributes about 3 percent, construction and
demolition activities contribute another 1.44 percent, and dust from
paved roads another 1 percent.\61\ These sources are controlled by
Imperial County's Regulation VIII, which the EPA previously approved as
meeting best available control technology measure (BACM) levels of
control for PM10.\62\ Regulation VIII will remain in place
and will continue to control emissions that contribute to ambient
PM2.5.
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\60\ Id.
\61\ Imperial PM2.5 Plan, Chapter 3.
\62\ 75 FR 39366 (July 8, 2010) and 78 FR 23677 (April 22,
2013).
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The EPA notes that there are other efforts underway to reduce
environmental burdens in Imperial County. The Imperial PM2.5
nonattainment area borders Mexico, and the United States and Mexico
have long recognized the environmental challenges near the border and
share the goal of protecting the environment and public health
throughout the U.S.-Mexico border region. The two nations have been
working together outside the framework of the SIP process to make
progress towards those goals.
The U.S.-Mexico Environmental Program (``Border 2025'') is a five-
year (2021-2025) binational effort designed ``to protect the
environment and public health in the U.S.-Mexico border region,
consistent with the principles of sustainable development.'' \63\
Border 2025 is the latest of a series of cooperative efforts
implemented under the 1983 La Paz Agreement. It builds on previous
binational efforts (i.e., the Border 2012 and Border 2020 Environmental
Programs), emphasizing regional, bottom-up approaches for decision
making, priority setting, and project implementation to address the
environmental and public health problems in the border region. As in
the previous two border programs, Border 2025 encourages meaningful
participation from communities and local stakeholders and establishes
guiding principles that will support the mission statement, ensure
consistency among all aspects of the Border 2025 Program, and continue
successful elements of previous binational environmental programs.
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\63\ ``Border 2025: United States--Mexico Environmental
Program,'' included in this docket and accessible at https://www.epa.gov/sites/default/files/2021-05/documents/final_us_mx_border_2025_final_may_6.pdf.
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Border 2025 sets out four strategic goals, including the reduction
of air pollution and the improvement of water quality, to address
environmental and public health challenges in the border region. Within
the goals are specific objectives that identify actions that will be
taken in support of the program's mission. The goals and objectives
were determined binationally between the EPA and the Ministry of
Environment and Natural Resources of Mexico (SEMARNAT) to address
ongoing environmental challenges and considered input from state and
tribal partners. The ``California[hyphen]Baja California 2021-2023
Border 2025 Action Plan'' lists and describes the projects that are
being undertaken to achieve the goals and objectives of Border 2025,
along with the target outputs, expected results, and status of each
action.\64\
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\64\ The ``California[hyphen]Baja California 2019-2020 Border
2020 Action Plan'' is included in the docket for this action and is
accessible online at https://www.epa.gov/usmexicoborder/region-9-action-plansplanes-de-accion-de-region-9.
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In addition to the ongoing efforts under the Border 2025 agreement,
in 2020, the EPA awarded the ICAPCD $3,350,371 to pave 3.5 miles of
residential alleyways in the downtown core of the City of Calexico to
reduce PM2.5 and PM10.\65\ The EPA subsequently
awarded the ICAPCD an additional $3,485,940 to pave 2.5 miles of
residential alleyways in the City of El Centro. The resulting
reductions of particulate emissions will relieve some of the cumulative
burden on disadvantaged communities in the Imperial PM2.5
nonattainment area.
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\65\ A list of the Targeted Airshed Grants the EPA awarded in
fiscal years 2015-2021 is accessible online at https://www.epa.gov/air-quality-implementation-plans/targeted-airshed-grant-recipients.
These EPA grants support projects to reduce emissions in areas
facing the highest levels of ground-level ozone and
PM2.5.
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VI. Proposed Action
For the reasons discussed in this document, the EPA is proposing to
determine that the Imperial PM2.5 nonattainment area
attained the 2012 annual PM2.5 NAAQS by its December 31,
2021 attainment date. This action, when finalized, will fulfill the
EPA's statutory obligation to determine whether the Imperial
PM2.5 nonattainment area attained the NAAQS by the
attainment date.
As provided in 40 CFR 51.1015, we are also proposing a CDD. If the
EPA finalizes this proposal, the requirements for this area to submit
an attainment demonstration, associated RACM, RFP plan, contingency
measures, and any other SIP revisions related to the attainment of the
2012 annual PM2.5 NAAQS, will be suspended so long as this
area continues to meet the standard. This CDD does not constitute a
redesignation to attainment. The Imperial PM2.5
nonattainment area will remain designated nonattainment for the 2012
annual PM2.5 NAAQS until such time as the EPA determines,
pursuant to sections 107 and 175A of the CAA, that the Imperial
PM2.5 nonattainment area meets the CAA requirements for
redesignation to attainment, including an approved maintenance plan
showing that the area will continue to meet the standard for 10 years.
We are also proposing to approve the Imperial PM2.5
Plan's 2012 base year emissions inventory as meeting the requirements
of CAA section 172(c)(3). As authorized in section 110(k)(3) of the
Act, the EPA is proposing to approve the submitted base year emissions
inventory because we believe it fulfills all relevant requirements.
As described in Section I.B of this document, the EPA's finding of
failure to submit triggered an obligation for the EPA to issue a FIP.
The District and CARB ultimately fulfilled their obligation to submit a
plan, but because the EPA has not issued a final approval of the
Imperial PM2.5 Plan and because the nonattainment plan
requirements continue to apply, our obligation to promulgate a FIP
remains in place. If the EPA finalizes this proposed CDD, the
District's and State's nonattainment planning obligations, except the
requirement for a base year emissions inventory and new source review,
will be suspended.\66\ If, in addition to making a CDD, we finalize our
proposed approval of the base year emissions inventory, the EPA's FIP
obligation will be suspended until such time as the CDD is
rescinded.\67\
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\66\ See Section I.D. of this document.
\67\ On August 26, 2019, the EPA approved Imperial County APCD's
amended Rule 207, ``New and Modified Stationary Source Review'' as
meeting applicable CAA requirements for New Source review. 84 FR
44545.
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The EPA is soliciting public comments on the issues discussed in
this document. We will accept comments from the public on this proposal
until November 21, 2022 and
[[Page 63759]]
will consider comments before taking final action.
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This rule does not impose any new information collection burden
under the PRA not already approved by the Office of Management and
Budget. This action proposes to find that the Imperial PM2.5
nonattainment area attained the 2012 PM2.5 NAAQS by the
applicable attainment date, proposes to determine the area has clean
data, and proposes to approve the base year emissions inventory. Thus,
the proposed action does not establish any new information collection
burden that has not already been identified and approved in the EPA's
information collection request.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The proposed
approval of the emissions inventory, the DAAD, and the CDD for the 2012
PM2.5 NAAQS does not in and of itself create any new
requirements beyond what is mandated by the CAA. Instead, this
rulemaking only makes factual determinations, and does not directly
regulate any entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states and tribes, or on the
distribution of power and responsibilities among the various levels of
government. The division of responsibility between the Federal
Government and the states for the purposes of implementing the NAAQS is
established under the CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications. It will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. There are no tribes
affected by this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (E.O.) 12898 (59 FR 7629 (Feb. 16, 1994))
establishes federal executive policy on environmental justice. Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. The EPA's
evaluation of this issue is contained in the section of the preamble
titled ``Environmental Justice Considerations.''
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Particulate matter,
Reporting and recordkeeping requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-22191 Filed 10-19-22; 8:45 am]
BILLING CODE 6560-50-P
