Finding of Failure To Submit State Implementation Plan Submissions for the 2012 Fine Particulate Matter National Ambient Air Quality Standards; California; Los Angeles-South Coast Air Basin, 5770-5773 [2024-01691]

Download as PDF 5770 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting only 60 days based on the response operations for the fire onboard the M/V GENIUS STAR XI and will prohibit entry within 1⁄2 nautical mile of the vessel. It is categorically excluded from further review under paragraph L60d of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 1. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. khammond on DSKJM1Z7X2PROD with RULES ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 165 continues to read as follows: 40 CFR Part 52 ■ The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. List of Subjects in 33 CFR Part 165 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. 2. Revise § 165.T17–0020, added at 89 FR 1457 (January 10, 2024), to read as follows: ■ § 165.T17–0020 Safety Zone; North Pacific Ocean, Dutch Harbor, AK. (a) Location. The following is a safety zone: All navigable waters within a 1⁄2 nautical mile radius of the M/V GENIUS STAR XI within the Captain of the Port Zone Western Alaska in the vicinity of the Port of Dutch Harbor, Alaska. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard Coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Western Alaska (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you shall not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative via Marine VHF channel 16 or by calling the USCG Command Center at 907–428–4100. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement period. This section will be enforced from January 19, 2024, through March 6, 2024. Dated: January 19, 2024. C.A. Culpepper, Captain, U.S. Coast Guard, Captain of the Port Western Alaska. [FR Doc. 2024–01857 Filed 1–26–24; 4:15 pm] BILLING CODE 9110–04–P Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: VerDate Sep<11>2014 16:02 Jan 29, 2024 Jkt 262001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 [EPA–R09–OAR–2023–0630; FRL–11617– 01–R9] Finding of Failure To Submit State Implementation Plan Submissions for the 2012 Fine Particulate Matter National Ambient Air Quality Standards; California; Los AngelesSouth Coast Air Basin Environmental Protection Agency (EPA). ACTION: Final action. AGENCY: The Environmental Protection Agency (EPA) is taking final action to find that California has failed to submit state implementation plan (SIP) elements required under the Clean Air Act (CAA or ‘‘Act’’) to implement the 2012 national ambient air quality standards (NAAQS) for fine particulate matter (PM2.5) (‘‘2012 PM2.5 NAAQS’’) in the Los Angeles-South Coast Air Basin (‘‘South Coast’’). California was required to submit a SIP that meets the Serious area plan requirements for a reasonable further progress demonstration, quantitative milestones, an attainment demonstration, and contingency measures for the 2012 PM2.5 NAAQS by December 31, 2023. The State submitted the required SIP elements, but subsequently withdrew its submission. If the EPA has not affirmatively found that the State has submitted a complete SIP to correct these deficiencies within 18 months of this finding, the offset sanctions will apply in the area. If within six additional months the EPA has still not affirmatively determined that the State has submitted a complete SIP to correct the deficiencies, the highway funding sanction will apply in the area. No later than two years after the EPA makes this finding, if the State has not submitted and the EPA has not approved each of the required SIP elements, the EPA must promulgate a Federal implementation plan (FIP) to address the remaining requirements. SUMMARY: The effective date of this action is February 29, 2024. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R09–OAR–2023–0630. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. DATES: E:\FR\FM\30JAR1.SGM 30JAR1 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. If you need assistance in a language other than English or if you are a person with a disability 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 St., San Francisco, CA 94105. By phone: (415) 972–3964 or by email at vagenas.ginger@epa.gov. SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedure Act (APA), U.S.C. 553(b)(B), provides that an agency may issue a rule without providing notice and an opportunity for public comment when that agency finds for good cause that notice and public procedure are impracticable, unnecessary, or contrary to public interest. The EPA has determined that there is a good cause for issuing this finding without prior proposal and opportunity for comment because there is little or no judgment involved for the EPA to make a finding of failure to submit SIPs or elements of SIPs required by the CAA, where states have not submitted a required SIP revision, made incomplete submissions, or, as in this case, withdrawn an existing submission by the date specified by the statute. In such circumstances, the EPA finds that notice and public procedures are unnecessary and that this constitutes good cause under 5 U.S.C. 553(b)(B). Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents I. Background II. Consequences of Findings of Failure to Submit III. Final Action IV. Statutory and Executive Order Reviews khammond on DSKJM1Z7X2PROD with RULES I. Background Airborne particulate matter (PM) can be composed of a complex mixture of particles in both solid and liquid form. Particulate matter can be of different sizes, commonly referred to as ‘‘coarse’’ and ‘‘fine’’ particles. Fine particles, in general terms, are PM with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers. For this reason, particles of this size are referred to as PM2.5. VerDate Sep<11>2014 16:02 Jan 29, 2024 Jkt 262001 Under section 109 of the Act, the EPA is required to establish primary (healthbased) and secondary (welfare-based) NAAQS for each pollutant for which the EPA has issued air quality criteria. The EPA first promulgated annual and 24hour NAAQS for PM2.5 in July 1997 1 and then revised the 24-hour PM2.5 NAAQS in October 2006.2 Most recently, on December 14, 2012, the EPA revised the primary annual PM2.5 standard by lowering the level from 15.0 to 12.0 micrograms per cubic meter of air (mg/m3) to provide increased protection against health effects associated with long- and short-term PM2.5 exposures. The EPA did not revise the secondary annual PM2.5 standard, which remains at 15.0 mg/m3.3 In addition, the EPA retained the level and form of the primary and secondary 24hour PM2.5 standards to continue to provide supplemental protection against health and welfare effects associated with short-term PM2.5 exposures. Promulgation of a revised NAAQS triggers a requirement for the EPA to designate areas of the country as nonattainment, attainment, or unclassifiable for the standards. As prescribed by CAA section 188(a), areas designated as nonattainment for a PM2.5 NAAQS are initially classified as Moderate. The designation and initial classification for the South Coast as Moderate nonattainment for the 2012 PM2.5 NAAQS became effective on April 15, 2015.4 Nonattainment areas for PM2.5 are subject to the general nonattainment area planning requirements of CAA section 172 and to the PM-specific planning requirements of CAA sections 188–189. On August 24, 2016, the EPA established a final implementation rule (‘‘PM2.5 SIP Requirements Rule’’) outlining the attainment planning and control requirements for current and future PM2.5 NAAQS.5 The PM2.5 SIP Requirements Rule also established the due date for Moderate area PM2.5 SIP submissions as no later than 18 months from the effective date of area designations.6 Accordingly, the areas designated as nonattainment for the 2012 PM2.5 NAAQS (with an effective date of April 15, 2015) were required to submit Moderate area attainment plans to EPA no later than October 15, 2016. 1 62 FR 38652 (July 18, 1997). FR 61143 (October 17, 2006). 3 78 FR 3086 (January 15, 2013). 4 80 FR 2206 (January 15, 2015). 5 Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements; Final rule; 81 FR 58010 (August 24, 2016). 6 40 CFR 51.1003(a)(1). 5771 On April 27, 2017, California submitted the ‘‘Final 2016 Air Quality Management Plan’’ (‘‘2016 Plan’’), as adopted on March 3, 2017, by the Governing Board for the South Coast Air Quality Management District (SCAQMD or ‘‘District’’) to the EPA to address CAA requirements associated with the 2012 PM2.5 standard.7 The 2016 Plan included a demonstration, consistent with the requirements of CAA section 189(a)(1)(B), that attainment of the 2012 PM2.5 standard by the December 31, 2021, Moderate area attainment date was impracticable, despite the implementation of required control measures.8 The 2016 Plan also included a request that the EPA reclassify the nonattainment area from Moderate to Serious, and included a Serious area attainment demonstration, an emissions inventory, attainment related plan elements, and control measure provisions.9 Effective December 9, 2020, we approved or conditionally approved the portions of the 2016 Plan that addressed the CAA Moderate area requirements for the 2012 PM2.5 NAAQS in the South Coast nonattainment area and reclassified the South Coast as a Serious nonattainment area under CAA section 188(b)(1).10 Our final action on the 2016 Plan’s Moderate area requirements and reclassification of the nonattainment area to Serious also noted that the submitted 2016 Plan included Serious area planning elements for the 2012 PM2.5 NAAQS and stated that we would evaluate and act on them through subsequent rulemakings as appropriate.11 At the same time, our final action explained that our reclassification of the South Coast nonattainment area from Moderate to Serious for the 2012 PM2.5 NAAQS triggered statutory and regulatory timelines for submittal of Serious area planning elements. Specifically, we stated that section 189(b)(2) of the CAA requires a state to submit the required best available control measure (BACM) provisions no later than 18 months after the effective date of final reclassification (i.e., June 9, 2022). Because an effective BACM evaluation requires an up-to-date emissions inventory and an evaluation of the precursor pollutants that must be controlled to provide for expeditious attainment, we also required the State to submit the emissions inventory required 2 71 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 7 85 FR 71264 (November 9, 2020). For additional background, see the associated proposed rulemaking at 85 FR 40026 (July 2, 2020). 8 Id. at 71266. 9 Id. at 71268. 10 85 FR 71264. 11 Id. at 71268. E:\FR\FM\30JAR1.SGM 30JAR1 5772 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations under CAA section 172(c)(3) and any optional precursor demonstrations by this same date. In addition, we established a deadline of December 31, 2023, for the submittal of the attainment demonstration and all other attainmentrelated plan elements.12 On March 29, 2023, the State of California and the District notified the EPA of their determination that the portions of the 2016 Plan relating to Serious area planning elements for the 2012 PM2.5 NAAQS were no longer appropriate for inclusion in the SIP and requested that those portions of the submittal be considered withdrawn.13 14 Shortly thereafter, we issued a finding that California had failed to submit the BACM and emissions inventory (EI) plan elements that were due on June 9, 2022.15 The remaining plan elements, which were due on December 31, 2023, are the subject of this action. II. Consequences of Findings of Failure To Submit For plan requirements under part D, title I of the CAA, such as those for PM2.5 nonattainment areas, if the EPA finds that a state has failed to make the required SIP submission, then CAA section 179 establishes specific consequences, including the eventual imposition of mandatory sanctions for the affected area. Additionally, such a finding triggers an obligation under CAA section 110(c) for the EPA to promulgate a FIP no later than two years from the effective date of the finding, if the affected state has not submitted, and the EPA has not approved, the required SIP submissions. If the EPA has not affirmatively determined that a state has submitted a complete SIP addressing the deficiency that is the basis for these findings within 18 months of the effective date khammond on DSKJM1Z7X2PROD with RULES 12 85 FR 71268. The Serious area SIP elements for the 2012 PM2.5 NAAQS include provisions to assure that best available control measures (including best available control technology) shall be implemented no later than four years after the area is reclassified, a base year emissions inventory, an attainment projected emissions inventory, an attainment demonstration with air quality modeling, a reasonable further progress (RFP) demonstration, quantitative milestones, contingency measures, and a nonattainment new source review (NNSR) program with the major source threshold set at 70 tons per year. CAA section 189(b). 13 Letter dated March 8, 2023, from Sarah Rees, Ph.D., Deputy Executive Officer, Planning, Rule Development & Implementation, South Coast Air Quality Management District to Michael Benjamin, D. Env., Chief, Air Quality Planning and Science Division, California Air Resources Board. 14 Letter dated March 29, 2023, from Michael Benjamin, Chief, Air Quality Planning and Science Division, California Air Resources Board to Martha Guzman, Regional Administrator, EPA Region IX. 15 88 FR 34093 (May 26, 2023), effective June 26, 2023. VerDate Sep<11>2014 16:02 Jan 29, 2024 Jkt 262001 of this rulemaking, pursuant to CAA sections 179(a) and (b) and 40 CFR 52.31, the emissions offset sanction identified in CAA section 179(b)(2) will apply to the affected nonattainment area. If the EPA has not affirmatively determined that the state has submitted a complete SIP addressing the deficiency that is the basis for these findings within six months after the offset sanction is imposed, the highway funding sanction will apply in the affected nonattainment area, in accordance with CAA section 179(b)(1) and 40 CFR 52.31. The State must make the required SIP submission and the EPA must take final action to approve the submission within two years of the effective date of this finding; otherwise, the EPA is required to promulgate a FIP to address the relevant requirements. This is required pursuant to CAA section 110(c) for the affected nonattainment area. Based upon the withdrawal of the Serious area plan elements submitted with the 2016 Plan as described in section I of this rulemaking, the EPA is finding that California has failed to make the following required submittals for the 2012 PM2.5 NAAQS for the South Coast nonattainment area: (1) reasonable further progress demonstration, (2) quantitative milestones, (3) attainment demonstration, and (4) contingency measures. These required elements were due on December 31, 2023. With this finding, section 179 of the CAA starts sanctions clocks and a FIP clock. California may avoid these sanctions by taking timely action to remedy this finding. The clock governing the CAA’s imposition of sanctions for these areas will stop and sanctions will not take effect if the EPA finds that the State has made a complete SIP submission addressing the reasonable further progress demonstration, quantitative milestones, attainment demonstration, and contingency measures requirements for this area within 18 months of the date of this finding. Similarly, the EPA is not required to promulgate a FIP if California makes the required SIP submissions and the EPA takes final action to approve the submissions within two years of this finding of failure to submit a required SIP. In sum, the CAA does not require sanctions or a FIP if the State and the EPA take timely action to remedy this finding. III. Final Action In this action, the EPA is finding that California has failed to submit certain Serious area SIP elements for the 2012 PM2.5 NAAQS required under subpart 4 of part D of title I of the CAA. Specifically, following the March 2023 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 withdrawal, the EPA finds that California failed to submit the elements that were due no later than December 31, 2023, including an attainment demonstration, a reasonable further progress plan, quantitative milestones, and contingency measures. The consequences of this finding are discussed in Section II of this action. IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive orders can be found at https://www2.epa.gov//lawsregulations/laws-and-executiveorders.gov. 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 action does not impose an information collection burden under the provisions of the PRA because it does not impose additional requirements beyond those imposed by state law. 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 beyond those imposed by state law. 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 does not impose additional requirements beyond those imposed by state law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, will result from this action. 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, or on the distribution of power and responsibilities among the various levels of government. E:\FR\FM\30JAR1.SGM 30JAR1 Federal Register / Vol. 89, No. 20 / Tuesday, January 30, 2024 / Rules and Regulations F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175, because this action does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, and will not impose substantial direct compliance costs on tribal governments or preempt tribal law. Thus, Executive Order 13175 does not apply to 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 impose additional requirements beyond those imposed by state law. 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. khammond on DSKJM1Z7X2PROD with RULES 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 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, February 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean VerDate Sep<11>2014 16:02 Jan 29, 2024 Jkt 262001 that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The EPA did not perform an EJ analysis and did not consider EJ in this action. Consideration of EJ is not required as part of this action because the EPA is performing a nondiscretionary duty to find that a required State submission was not timely submitted, and there is no information in the record inconsistent with the stated goals of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and indigenous peoples. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). L. Petitions for Judicial Review Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 1, 2024. Filing a petition for reconsideration by the Administrator of this final action does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedures, Air pollution control, Approval and promulgation of implementation plans, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: January 23, 2024. Martha Guzman Aceves, Regional Administrator, Region IX. [FR Doc. 2024–01691 Filed 1–29–24; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 5773 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 141 [EPA–HQ–OW–2023–0541; FRL–11620–01– OW] Expedited Approval of Alternative Test Procedures for the Analysis of Contaminants Under the Safe Drinking Water Act; Analysis and Sampling Procedures Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This action announces the Environmental Protection Agency’s (EPA’s) approval of alternative testing methods for use in measuring the levels of contaminants in drinking water to determine compliance with national primary drinking water regulations. The Safe Drinking Water Act authorizes EPA to approve the use of alternative testing methods through publication in the Federal Register. EPA is using this streamlined authority to make 93 additional methods available for analyzing drinking water samples. This expedited approach provides public water systems, laboratories, and primacy agencies with more timely access to new measurement techniques and greater flexibility in the selection of analytical methods, thereby reducing monitoring costs while maintaining public health protection. DATES: This action is effective January 30, 2024. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ–OW–2023–0541. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Teresa Wells, Technical Support Branch, Standards and Risk Management Division, Office of Ground Water and Drinking Water (MS 140), Environmental Protection Agency, 26 West Martin Luther King Drive, Cincinnati, OH 45268; telephone number: (513) 569–7128; email address: wells.teresa@epa.gov. SUMMARY: E:\FR\FM\30JAR1.SGM 30JAR1

Agencies

[Federal Register Volume 89, Number 20 (Tuesday, January 30, 2024)]
[Rules and Regulations]
[Pages 5770-5773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2023-0630; FRL-11617-01-R9]


Finding of Failure To Submit State Implementation Plan 
Submissions for the 2012 Fine Particulate Matter National Ambient Air 
Quality Standards; California; Los Angeles-South Coast Air Basin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final action.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to find that California has failed to submit state 
implementation plan (SIP) elements required under the Clean Air Act 
(CAA or ``Act'') to implement the 2012 national ambient air quality 
standards (NAAQS) for fine particulate matter (PM2.5) 
(``2012 PM2.5 NAAQS'') in the Los Angeles-South Coast Air 
Basin (``South Coast''). California was required to submit a SIP that 
meets the Serious area plan requirements for a reasonable further 
progress demonstration, quantitative milestones, an attainment 
demonstration, and contingency measures for the 2012 PM2.5 
NAAQS by December 31, 2023. The State submitted the required SIP 
elements, but subsequently withdrew its submission. If the EPA has not 
affirmatively found that the State has submitted a complete SIP to 
correct these deficiencies within 18 months of this finding, the offset 
sanctions will apply in the area. If within six additional months the 
EPA has still not affirmatively determined that the State has submitted 
a complete SIP to correct the deficiencies, the highway funding 
sanction will apply in the area. No later than two years after the EPA 
makes this finding, if the State has not submitted and the EPA has not 
approved each of the required SIP elements, the EPA must promulgate a 
Federal implementation plan (FIP) to address the remaining 
requirements.

DATES: The effective date of this action is February 29, 2024.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2023-0630. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute.

[[Page 5771]]

Certain other material, such as copyrighted material, is not placed on 
the internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information. If you need assistance in a language other than English or 
if you are a person with a disability 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 St., San Francisco, CA 94105. By phone: (415) 972-3964 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedure 
Act (APA), U.S.C. 553(b)(B), provides that an agency may issue a rule 
without providing notice and an opportunity for public comment when 
that agency finds for good cause that notice and public procedure are 
impracticable, unnecessary, or contrary to public interest. The EPA has 
determined that there is a good cause for issuing this finding without 
prior proposal and opportunity for comment because there is little or 
no judgment involved for the EPA to make a finding of failure to submit 
SIPs or elements of SIPs required by the CAA, where states have not 
submitted a required SIP revision, made incomplete submissions, or, as 
in this case, withdrawn an existing submission by the date specified by 
the statute. In such circumstances, the EPA finds that notice and 
public procedures are unnecessary and that this constitutes good cause 
under 5 U.S.C. 553(b)(B).
    Throughout this document, ``we,'' ``us,'' and ``our'' refer to the 
EPA.

Table of Contents

I. Background
II. Consequences of Findings of Failure to Submit
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Airborne particulate matter (PM) can be composed of a complex 
mixture of particles in both solid and liquid form. Particulate matter 
can be of different sizes, commonly referred to as ``coarse'' and 
``fine'' particles. Fine particles, in general terms, are PM with an 
aerodynamic diameter less than or equal to a nominal 2.5 micrometers. 
For this reason, particles of this size are referred to as 
PM2.5.
    Under section 109 of the Act, the EPA is required to establish 
primary (health-based) and secondary (welfare-based) NAAQS for each 
pollutant for which the EPA has issued air quality criteria. The EPA 
first promulgated annual and 24- hour NAAQS for PM2.5 in 
July 1997 \1\ and then revised the 24-hour PM2.5 NAAQS in 
October 2006.\2\ Most recently, on December 14, 2012, the EPA revised 
the primary annual PM2.5 standard by lowering the level from 
15.0 to 12.0 micrograms per cubic meter of air ([mu]g/m\3\) to provide 
increased protection against health effects associated with long- and 
short-term PM2.5 exposures. The EPA did not revise the 
secondary annual PM2.5 standard, which remains at 15.0 
[mu]g/m\3\.\3\ In addition, the EPA retained the level and form of the 
primary and secondary 24-hour PM2.5 standards to continue to 
provide supplemental protection against health and welfare effects 
associated with short-term PM2.5 exposures.
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    \1\ 62 FR 38652 (July 18, 1997).
    \2\ 71 FR 61143 (October 17, 2006).
    \3\ 78 FR 3086 (January 15, 2013).
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    Promulgation of a revised NAAQS triggers a requirement for the EPA 
to designate areas of the country as nonattainment, attainment, or 
unclassifiable for the standards. As prescribed by CAA section 188(a), 
areas designated as nonattainment for a PM2.5 NAAQS are 
initially classified as Moderate. The designation and initial 
classification for the South Coast as Moderate nonattainment for the 
2012 PM2.5 NAAQS became effective on April 15, 2015.\4\
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    \4\ 80 FR 2206 (January 15, 2015).
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    Nonattainment areas for PM2.5 are subject to the general 
nonattainment area planning requirements of CAA section 172 and to the 
PM-specific planning requirements of CAA sections 188-189. On August 
24, 2016, the EPA established a final implementation rule 
(``PM2.5 SIP Requirements Rule'') outlining the attainment 
planning and control requirements for current and future 
PM2.5 NAAQS.\5\ The PM2.5 SIP Requirements Rule 
also established the due date for Moderate area PM2.5 SIP 
submissions as no later than 18 months from the effective date of area 
designations.\6\ Accordingly, the areas designated as nonattainment for 
the 2012 PM2.5 NAAQS (with an effective date of April 15, 
2015) were required to submit Moderate area attainment plans to EPA no 
later than October 15, 2016.
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    \5\ Fine Particulate Matter National Ambient Air Quality 
Standards: State Implementation Plan Requirements; Final rule; 81 FR 
58010 (August 24, 2016).
    \6\ 40 CFR 51.1003(a)(1).
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    On April 27, 2017, California submitted the ``Final 2016 Air 
Quality Management Plan'' (``2016 Plan''), as adopted on March 3, 2017, 
by the Governing Board for the South Coast Air Quality Management 
District (SCAQMD or ``District'') to the EPA to address CAA 
requirements associated with the 2012 PM2.5 standard.\7\ The 
2016 Plan included a demonstration, consistent with the requirements of 
CAA section 189(a)(1)(B), that attainment of the 2012 PM2.5 
standard by the December 31, 2021, Moderate area attainment date was 
impracticable, despite the implementation of required control 
measures.\8\ The 2016 Plan also included a request that the EPA 
reclassify the nonattainment area from Moderate to Serious, and 
included a Serious area attainment demonstration, an emissions 
inventory, attainment related plan elements, and control measure 
provisions.\9\ Effective December 9, 2020, we approved or conditionally 
approved the portions of the 2016 Plan that addressed the CAA Moderate 
area requirements for the 2012 PM2.5 NAAQS in the South 
Coast nonattainment area and reclassified the South Coast as a Serious 
nonattainment area under CAA section 188(b)(1).\10\
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    \7\ 85 FR 71264 (November 9, 2020). For additional background, 
see the associated proposed rulemaking at 85 FR 40026 (July 2, 
2020).
    \8\ Id. at 71266.
    \9\ Id. at 71268.
    \10\ 85 FR 71264.
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    Our final action on the 2016 Plan's Moderate area requirements and 
reclassification of the nonattainment area to Serious also noted that 
the submitted 2016 Plan included Serious area planning elements for the 
2012 PM2.5 NAAQS and stated that we would evaluate and act 
on them through subsequent rulemakings as appropriate.\11\ At the same 
time, our final action explained that our reclassification of the South 
Coast nonattainment area from Moderate to Serious for the 2012 
PM2.5 NAAQS triggered statutory and regulatory timelines for 
submittal of Serious area planning elements. Specifically, we stated 
that section 189(b)(2) of the CAA requires a state to submit the 
required best available control measure (BACM) provisions no later than 
18 months after the effective date of final reclassification (i.e., 
June 9, 2022). Because an effective BACM evaluation requires an up-to-
date emissions inventory and an evaluation of the precursor pollutants 
that must be controlled to provide for expeditious attainment, we also 
required the State to submit the emissions inventory required

[[Page 5772]]

under CAA section 172(c)(3) and any optional precursor demonstrations 
by this same date. In addition, we established a deadline of December 
31, 2023, for the submittal of the attainment demonstration and all 
other attainment-related plan elements.\12\
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    \11\ Id. at 71268.
    \12\ 85 FR 71268. The Serious area SIP elements for the 2012 
PM2.5 NAAQS include provisions to assure that best 
available control measures (including best available control 
technology) shall be implemented no later than four years after the 
area is reclassified, a base year emissions inventory, an attainment 
projected emissions inventory, an attainment demonstration with air 
quality modeling, a reasonable further progress (RFP) demonstration, 
quantitative milestones, contingency measures, and a nonattainment 
new source review (NNSR) program with the major source threshold set 
at 70 tons per year. CAA section 189(b).
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    On March 29, 2023, the State of California and the District 
notified the EPA of their determination that the portions of the 2016 
Plan relating to Serious area planning elements for the 2012 
PM2.5 NAAQS were no longer appropriate for inclusion in the 
SIP and requested that those portions of the submittal be considered 
withdrawn.13 14 Shortly thereafter, we issued a finding that 
California had failed to submit the BACM and emissions inventory (EI) 
plan elements that were due on June 9, 2022.\15\ The remaining plan 
elements, which were due on December 31, 2023, are the subject of this 
action.
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    \13\ Letter dated March 8, 2023, from Sarah Rees, Ph.D., Deputy 
Executive Officer, Planning, Rule Development & Implementation, 
South Coast Air Quality Management District to Michael Benjamin, D. 
Env., Chief, Air Quality Planning and Science Division, California 
Air Resources Board.
    \14\ Letter dated March 29, 2023, from Michael Benjamin, Chief, 
Air Quality Planning and Science Division, California Air Resources 
Board to Martha Guzman, Regional Administrator, EPA Region IX.
    \15\ 88 FR 34093 (May 26, 2023), effective June 26, 2023.
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II. Consequences of Findings of Failure To Submit

    For plan requirements under part D, title I of the CAA, such as 
those for PM2.5 nonattainment areas, if the EPA finds that a 
state has failed to make the required SIP submission, then CAA section 
179 establishes specific consequences, including the eventual 
imposition of mandatory sanctions for the affected area. Additionally, 
such a finding triggers an obligation under CAA section 110(c) for the 
EPA to promulgate a FIP no later than two years from the effective date 
of the finding, if the affected state has not submitted, and the EPA 
has not approved, the required SIP submissions.
    If the EPA has not affirmatively determined that a state has 
submitted a complete SIP addressing the deficiency that is the basis 
for these findings within 18 months of the effective date of this 
rulemaking, pursuant to CAA sections 179(a) and (b) and 40 CFR 52.31, 
the emissions offset sanction identified in CAA section 179(b)(2) will 
apply to the affected nonattainment area. If the EPA has not 
affirmatively determined that the state has submitted a complete SIP 
addressing the deficiency that is the basis for these findings within 
six months after the offset sanction is imposed, the highway funding 
sanction will apply in the affected nonattainment area, in accordance 
with CAA section 179(b)(1) and 40 CFR 52.31. The State must make the 
required SIP submission and the EPA must take final action to approve 
the submission within two years of the effective date of this finding; 
otherwise, the EPA is required to promulgate a FIP to address the 
relevant requirements. This is required pursuant to CAA section 110(c) 
for the affected nonattainment area.
    Based upon the withdrawal of the Serious area plan elements 
submitted with the 2016 Plan as described in section I of this 
rulemaking, the EPA is finding that California has failed to make the 
following required submittals for the 2012 PM2.5 NAAQS for 
the South Coast nonattainment area: (1) reasonable further progress 
demonstration, (2) quantitative milestones, (3) attainment 
demonstration, and (4) contingency measures. These required elements 
were due on December 31, 2023. With this finding, section 179 of the 
CAA starts sanctions clocks and a FIP clock. California may avoid these 
sanctions by taking timely action to remedy this finding. The clock 
governing the CAA's imposition of sanctions for these areas will stop 
and sanctions will not take effect if the EPA finds that the State has 
made a complete SIP submission addressing the reasonable further 
progress demonstration, quantitative milestones, attainment 
demonstration, and contingency measures requirements for this area 
within 18 months of the date of this finding. Similarly, the EPA is not 
required to promulgate a FIP if California makes the required SIP 
submissions and the EPA takes final action to approve the submissions 
within two years of this finding of failure to submit a required SIP. 
In sum, the CAA does not require sanctions or a FIP if the State and 
the EPA take timely action to remedy this finding.

III. Final Action

    In this action, the EPA is finding that California has failed to 
submit certain Serious area SIP elements for the 2012 PM2.5 
NAAQS required under subpart 4 of part D of title I of the CAA. 
Specifically, following the March 2023 withdrawal, the EPA finds that 
California failed to submit the elements that were due no later than 
December 31, 2023, including an attainment demonstration, a reasonable 
further progress plan, quantitative milestones, and contingency 
measures. The consequences of this finding are discussed in Section II 
of this action.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www2.epa.gov//laws-regulations/laws-and-executive-orders.gov.

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 action does not impose an information collection burden under 
the provisions of the PRA because it does not impose additional 
requirements beyond those imposed by state law.

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 beyond those 
imposed by state law.

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 does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

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, or on the distribution of power 
and responsibilities among the various levels of government.

[[Page 5773]]

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175, because this action does not apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction, and will not impose 
substantial direct compliance costs on tribal governments or preempt 
tribal law. Thus, Executive Order 13175 does not apply to 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 impose additional requirements 
beyond those imposed by state law.

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 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The EPA did not perform an EJ analysis and did not consider EJ in 
this action. Consideration of EJ is not required as part of this action 
because the EPA is performing a non-discretionary duty to find that a 
required State submission was not timely submitted, and there is no 
information in the record inconsistent with the stated goals of E.O. 
12898 of achieving environmental justice for people of color, low-
income populations, and indigenous peoples.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 1, 2024. Filing a 
petition for reconsideration by the Administrator of this final action 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Approval and promulgation of implementation 
plans, Incorporation by reference, Intergovernmental relations, 
Particulate matter, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 23, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-01691 Filed 1-29-24; 8:45 am]
BILLING CODE 6560-50-P
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