[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Rules and Regulations]
[Pages 60049-60052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25165]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2015-0279; FRL-9935-05-Region 9]


Air Plan Approval; California; Mammoth Lakes; Redesignation; 
PM10 Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve, as a revision to the California State Implementation 
Plan (SIP), California's request to redesignate the Mammoth Lakes 
nonattainment area to attainment for the 1987 National Ambient Air 
Quality Standard (NAAQS) for particulate matter of ten microns or less 
(PM10). Also, EPA is taking final action to approve the 
PM10 maintenance plan for the Mammoth Lakes area and the 
associated motor vehicle emissions budgets for use in transportation 
conformity determinations. Lastly, EPA is finalizing our approval of 
the 2012 attainment year emissions inventory. We are taking these final 
actions because the SIP revision meets the requirements of the Clean 
Air Act and EPA guidance for maintenance plans and motor vehicle 
emissions budgets.

DATES: This rule will be effective on November 4, 2015.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2015-0279 for 
this action. Generally, documents in the

[[Page 60050]]

docket for this action are available electronically at http://www.regulations.gov and in hard copy format at EPA Region IX, 75 
Hawthorne Street, San Francisco, California. While all documents in the 
docket are listed at http://www.regulations.gov, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material, large maps, multi-volume reports) and some may not be 
publicly available in either location (e.g., CBI). To inspect the hard 
copy materials, please schedule an appointment during normal business 
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, (415) 
947-4111, [email protected].

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

Table of Contents

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

I. Summary of EPA's Proposed Action

    On July 30, 2015, EPA proposed to approve the Mammoth Lakes 
PM10 redesignation request and maintenance plan. We proposed 
this action because California's SIP revision meets the Clean Air Act 
(CAA) requirements and EPA guidance concerning redesignations to 
attainment of a National Ambient Air Quality Standard (NAAQS or 
standard) and maintenance plans (80 FR 45477). For our detailed 
procedural and substantive review of the State's SIP submittal and our 
discussion of our findings and rationale for our proposal and this 
final action, please see our proposal and the docket for this action.
    First, under CAA section 107(d)(3)(D), EPA proposed to approve the 
State's request to redesignate the Mammoth Lakes PM10 
nonattainment area to attainment for the PM10 NAAQS. In our 
July 30, 2015 proposal, we concluded that the area has met the five 
criteria for redesignation under CAA section 107(d)(3)(E): (1) The area 
has attained the PM10 NAAQS over the period 2009-2014; (2) 
the required portions of the SIP are fully approved for the area; (3) 
the improvement in ambient air quality in the area is due to permanent 
and enforceable reductions in PM10 emissions; (4) California 
has met all requirements applicable to the Mammoth Lakes 
PM10 nonattainment area with respect to section 110 and part 
D of the CAA; and, (5) the Mammoth Lakes PM10 Maintenance 
Plan, as described below, meets the requirements of CAA section 175A.
    Second, under section 110(k)(3) of the CAA, EPA proposed to approve 
as a revision to the SIP, the maintenance plan developed by the Great 
Basin Unified Air Pollution Control District (GBUAPCD) entitled ``2014 
Update Air Quality Maintenance Plan and Redesignation Request for the 
Town of Mammoth Lakes'' (herein and in our proposal referred to as the 
Mammoth Lakes PM10 Maintenance Plan), dated May 5, 2014, 
submitted by California, through the California Air Resources Board 
(CARB), to EPA on October 21, 2014.\1\ EPA proposed to find that the 
Mammoth Lakes PM10 Maintenance Plan meets the requirements 
in section 175A of the CAA. The plan's maintenance demonstration shows 
that the Mammoth Lakes area will continue to attain the PM10 
NAAQS for at least 10 years beyond redesignation (i.e. through 2030) by 
continued implementation of the local control measures approved into 
the SIP. The plan's contingency provisions incorporate a process for 
identifying new or more stringent control measures in the event of a 
future monitored violation. Finally, EPA proposed to approve the plan's 
2012 emission inventory as meeting the requirements of CAA section 172 
and 175A.
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    \1\ See the docket for this action for copies of the 
California's submittal documents including the October 21, 2014 
submittal letter from the State.
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    Third, EPA proposed to approve the motor vehicle emission budgets 
(budgets) in the Mammoth Lakes PM10 Maintenance Plan because 
we find they meet the applicable transportation conformity requirements 
under 40 CFR 93.118(e). With our proposal published July 30, 2015, EPA 
informed the public that we are reviewing the plan's budgets for 
adequacy and that we started the public comment period on adequacy of 
the proposed budgets. This comment period closed on August 31, 2015. We 
received no public comments concerning the adequacy of the proposed 
PM10 motor vehicle emissions budgets.

II. Public Comments and EPA Responses

    EPA's proposed rule provided a 30-day comment period. During this 
comment period we received no comments on our proposal.

III. EPA's Final Action

    To conclude, based on our review of the Mammoth Lakes 
PM10 Maintenance Plan and redesignation request submitted by 
California, air quality monitoring data, and other relevant materials 
contained within our docket, EPA finds that the State has addressed all 
the necessary requirements for redesignation of the Mammoth Lakes 
nonattainment area 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 the State's 
request, which accompanied the submittal of the Mammoth Lakes 
PM10 Maintenance Plan, to redesignate the Mammoth Lakes 
PM10 nonattainment area to attainment for the 24-hour 
PM10 NAAQS. Our redesignation of the Mammoth Lakes area is 
based on our determination that the area has met the five criteria for 
redesignation under CAA section 107(d)(3)(E): (1) The area has attained 
the 24-hour PM10 NAAQS as demonstrated by 2009-2014 data; 
\2\ (2) the relevant portions of the SIP are fully approved; (3) the 
improvement in air quality in the Mammoth Lakes area is due to 
permanent and enforceable reductions in PM10 emissions; (4) 
California has met all requirements applicable to the Mammoth Lakes 
PM10 nonattainment area with respect to section 110 and part 
D of the CAA; and, (5) our approval of the Mammoth Lakes 
PM10 Maintenance Plan, as part of this action.
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    \2\ We reviewed 2015 preliminary data received from the State 
and found that the Mammoth Lakes area did not show exceedances of 
the 24-hour PM10 NAAQS in the first quarter of 2015. 
Second quarter data was not submitted by the State in time for 
consideration within this notice.
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    Second, under section 110(k)(3) of the CAA, EPA is approving the 
Mammoth Lakes PM10 Maintenance Plan and finds that it meets 
the requirements of Section 175A. We find that the maintenance 
demonstration shows that the area will continue to attain the 24-hour 
PM10 NAAQS for at least 10 years beyond redesignation (i.e., 
through 2030). We find that the Maintenance Plan provides a contingency 
process for identifying and adopting new or more stringent control 
measures if a monitored violation of the PM10 NAAQS occurs. 
Finally, we are approving the 2012 emissions inventory as meeting 
applicable requirements for emissions inventories in Sections 172 and 
175A of the CAA.
    Last, we find that the Mammoth Lakes PM10 Maintenance 
Plan's motor vehicle emissions budgets meet applicable CAA requirements 
for maintenance plans and transportation conformity requirements under 
40 CFR 93.118(e). With the effective date of this action, these 
approved budgets must be used in any future regional PM10 
regional emissions

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analysis conducted by the State and the Federal Highway Administration.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and,
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the State plan that EPA is approving today does not 
apply on any Indian reservation land or in any other area where EPA or 
an Indian tribe has demonstrated that a tribe has jurisdiction. In 
those areas of Indian country, this rule, as it relates to the 
maintenance plan, does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 4, 2015. 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, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

40 CFR Part 81

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

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

    Dated: September 18, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    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--[Amended]

0
2. Section 52.220 is amended by adding and reserving paragraph (c)(461) 
and adding paragraph (c)(462) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (461) [Reserved]
    (462) The following plan was submitted on October 21, 2014, by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional Materials.
    (A) Great Basin Unified Air Pollution Control District (GBUAPCD).
    (1) ``2014 Air Quality Maintenance Plan and Redesignation Request 
for the Town of Mammoth Lakes'' (Mammoth Lakes PM10 
Maintenance Plan), adopted on May 5, 2014.
    (2) GBUAPCD Board Order #140505-03 adopting the Mammoth Lakes 
PM10 Maintenance Plan, dated May 5, 2014.
    (B) State of California Air Resources Board (CARB).
    (1) CARB Resolution 14-27 adopting the redesignation request and 
Mammoth Lakes PM10 Maintenance Plan, dated September 18, 
2014.

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 entitled ``California-PM-10'' 
by revising the entry under Mono County for the ``Mammoth Lake planning 
area'' to read as follows:


Sec.  81.305  California.

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[[Page 60052]]



                                                California--PM-10
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                                                 Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                          Date                 Type              Date               Type
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                                                  * * * * * * *
Mono County
    Mammoth Lakes planning area.  November 4, 2015...  Attainment.........  ..............  ....................
    Includes the following
     sections:
        a. Sections 1-12, 17,
         and 18 of Township T4S,
         R28E;
        b. Sections 25-36 of
         Township T3S, R28E;
        c. Sections 25-36 of
         Township T3S, R27E;
        d. Sections 1-18 of
         Township T4S, R27E;
         and,
        e. Sections 25 and 36 of
         Township T3S, R26E.
 
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[FR Doc. 2015-25165 Filed 10-2-15; 8:45 am]
BILLING CODE 6560-50-P