[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Rules and Regulations]
[Pages 38223-38226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15145]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2013-0007; FRL-9826-4]


Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; California; South Coast Air 
Basin; Approval of PM10 Maintenance Plan and Redesignation 
to Attainment for the PM10 Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving, as a revision to the California State 
implementation plan (SIP), the State's request to redesignate the Los 
Angeles-South Coast Air Basin (South Coast) to attainment for the 24-
hour particulate matter of ten microns or less (PM10) 
national ambient air quality standard (NAAQS). EPA is also approving 
the PM10 maintenance plan and the associated PM10 
motor vehicle emissions budgets for use in transportation conformity 
determinations necessary for the South Coast PM10 area. 
Finally, EPA is approving the attainment year emissions inventory. EPA 
is taking these actions because the SIP revision meets the

[[Page 38224]]

requirements of the Clean Air Act (CAA) and EPA guidance for such plans 
and motor vehicle emissions budgets.

DATES: Effective Date: This rule is effective on July 26, 2013.

ADDRESSES: You may inspect the supporting information for this action, 
identified by docket number EPA-R09-OAR-2013-0007, by one of the 
following methods:
    1. Federal eRulemaking portal, http://www.regulations.gov, please 
follow the online instructions; or,
    2. Visit our regional office at, U.S. Environmental Protection 
Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    Docket: The index to the docket for this action is available 
electronically at http://www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., voluminous 
records, large maps, copyrighted material), and some may not be 
publicly available in either location (e.g., Confidential Business 
Information). To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed 
directly below.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, EPA Region IX, (415) 947-
4192, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Summary of Proposed Action
II. Public Comment and EPA Response
III. EPA's Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On April 8, 2013 (78 FR 20868), based on EPA's review of the Final 
PM10 Redesignation Request and Maintenance Plan for the South Coast Air 
Basin (December 2009) (``2009 South Coast PM10 Redesignation 
Request and Maintenance Plan'') submitted by California, air quality 
monitoring data, and other relevant materials, EPA proposed to approve 
the State of California's request to redesignate the South Coast 
PM10 nonattainment area to attainment of the PM10 
NAAQS, pursuant to CAA sections 107(d)(3)(E) and 175A. The background 
for today's actions is discussed in detail in EPA's April 8, 2013 
proposed rulemaking and technical support document (TSD).
    We based our conclusion that the area had attained the standard on 
our determination that the three years of complete, quality-assured 
data for the period 2008-2010 showed that the South Coast 
PM10 nonattainment area had attained the PM10 
NAAQS.
    We also determined based on more recent data that the area 
continues to attain the NAAQS based on certified, quality-assured 2012 
data. Data for 2013 have not been submitted to EPA's Air Quality System 
(AQS) and are not required to be submitted until June 30, 2013.
    Our proposed approval of the redesignation request was based on 
EPA's finding that the area meets all other CAA redesignation 
requirements under section 107(d)(3)(E) and the CAA maintenance plan 
requirements under section 175A.
    EPA proposed to approve the State's maintenance plan, which 
includes SIP-approved control measures for fugitive dust, open burning 
and wood burning devices, cement manufacturing, aggregate and related 
operations, and paved and unpaved roads, among others. Implementation 
of these control measures has resulted in attainment of the 
PM10 NAAQS in the South Coast nonattainment area and the 
continued implementation of these control measures is expected to 
provide for maintenance of the PM10 NAAQS into the future. 
We also proposed to approve the motor vehicle emissions budgets 
associated with the plan because the plan demonstrated that these 
emissions levels, when considered with emissions from all other 
sources, were consistent with maintenance of the NAAQS.
    Finally, EPA proposed to approve the attainment year emissions 
inventory submitted with the maintenance plan as meeting the 
requirements of CAA section 172(c)(3).

II. Public Comments and EPA Responses

    EPA provided for a 30-day public comment period on our proposed 
action. The comment period ended on May 8, 2013. We received one 
comment letter from the South Coast Air Quality Management District 
(SCAQMD or District) on May 8, 2013.\1\ We respond to that comment 
here.
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    \1\ See letter, Elaine Chang, DrPH, Deputy Executive Officer, 
South Coast Air Quality Management District, to Wienke Tax, US 
Environmental Protection Agency, Region IX, dated May 8, 2013, in 
the docket for today's action.
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    Comment: SCAQMD strongly supports EPA's proposed action. The 
District also commented that it submitted, through CARB, exceptional 
events packages requesting exclusion of monitoring data from multiple 
sites in the SCAQMD network from October 21, 2007 and July 5, 2007 
under EPA's Exceptional Events Rule (72 FR 28612, May 22, 2007). The 
exceptional events requests were submitted to EPA by CARB on October 
23, 2009 and December 22, 2009, respectively. The letter also requested 
EPA to acknowledge the requests if EPA did not evaluate these requests 
before taking final action on this proposal.
    Response: EPA received two exceptional events requests from CARB 
for South Coast monitoring data from 2007 on October 23, 2009 and 
December 22, 2009. EPA is not taking any action on the exceptional 
events requests cited in the District's comment letter. It is not 
necessary for EPA to process those requests because this final action 
is based on monitored data occurring after the time of those requests. 
Therefore, whether we granted or denied the exceptional events requests 
concerning data from 2007, it would not have any bearing on our action 
today.

III. EPA's Final Action

    Based on our review of the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan submitted by the State, air 
quality monitoring data, and other relevant materials, EPA finds that 
the State has addressed all the necessary requirements for 
redesignation of the South Coast air basin to attainment of the 
PM10 NAAQS, pursuant to CAA sections 107(d)(3)(E) and 175A.
    First, under CAA section 107(d)(3)(D), we are approving CARB's 
request, which accompanied the submittal of the maintenance plan, to 
redesignate the South Coast PM10 nonattainment area to 
attainment for the 24-hour PM10 NAAQS. We are doing so based 
on our conclusion that the area has met the five criteria for 
redesignation under CAA section 107(d)(3)(E). Our conclusion is based 
on our determination that the area has attained the 24-hour 
PM10 NAAQS; that relevant portions of the California SIP are 
fully approved; that the improvement in air quality is due to permanent 
and enforceable reductions in emissions; that California has met all 
requirements applicable to the South Coast PM10 
nonattainment area with respect to section 110 and part D of the CAA; 
and that we are approving the South Coast PM10 maintenance 
plan as part of today's action.
    Second, in connection with the 2009 South Coast PM10 
Redesignation Request and Maintenance Plan, EPA is finding that the 
maintenance demonstration showing how the area will continue to attain 
the 24-hour PM10 NAAQS for at least 10 years beyond 
redesignation (i.e., through 2030) and

[[Page 38225]]

the associated motor vehicle emissions budgets meet applicable CAA 
requirements for maintenance plans and transportation conformity 
requirements under 40 CFR 93.118(e). We are also approving the 2010 
emissions inventory as meeting the applicable requirements for 
emissions inventories in CAA sections 175A and 172.
    With today's action, we are finalizing our approval of the motor 
vehicle emissions budgets. After the effective date of today's final 
rule, the approved budgets must be used in any future regional 
emissions analysis for PM10 conducted by the local 
metropolitan planning organization, the Southern California Association 
of Governments, and the Federal Highway Administration.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by State law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve State choices, provided that they meet the criteria of the 
Clean Air Act. Accordingly, this action merely approves State law as 
meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For these reasons, 
these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the final action does not apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law. Nonetheless, in 
accordance with EPA's 2011 Policy on Consultation and Coordination with 
Tribes, EPA has notified Tribes located within the South Coast 
PM10 nonattainment area of this action.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 26, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements (see section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 12, 2013.
Jared Blumenfeld,
Regional Administrator, Region 9.

    Part 52, Chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(426) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (426) The following plan was submitted on April 28, 2010, by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) South Coast Air Quality Management District.
    (1) Final PM10 Redesignation Request and Maintenance 
Plan for the South Coast Air Basin (December 2009) (2009 South Coast 
PM10 Redesignation Request and Maintenance Plan), adopted 
January 8, 2010.
    (2) SCAQMD Board Resolution 10-1, dated January 8, 2010, adopting 
the 2009 South Coast PM10 Redesignation Request and 
Maintenance Plan.
    (B) State of California Air Resources Board.
    (1) CARB Resolution 10-21, dated March 25, 2010, adopting the 2009 
South Coast PM10 Redesignation Request and Maintenance Plan.

[[Page 38226]]

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--[Amended]

0
4. Section 81.305 is amended in the table for ``California-PM-10'' by 
revising the entry under Riverside, Los Angeles, Orange, and San 
Bernardino Counties for the ``South Coast Air Basin'' to read as 
follows:


Sec.  81.305  California.

* * * * *

                                                California--PM-10
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                                                       Designation                        Classification
            Designated area            -------------------------------------------------------------------------
                                             Date                 Type                 Date            Type
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                                                  * * * * * * *
Riverside, Los Angeles, Orange, and     ..............  ........................  ..............  ..............
 San Bernardino Counties.
    South Coast Air Basin.............         7/26/13  Attainment..............  ..............  ..............
 
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[FR Doc. 2013-15145 Filed 6-25-13; 8:45 am]
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