[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Rules and Regulations]
[Pages 3305-3308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01922]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2017-0490; FRL-9988-60-Region 9]
Approval and Promulgation of Implementation Plans; California;
South Coast Serious Area Plan for the 2006 PM2.5 NAAQS
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a state implementation plan (SIP) revision submitted by
California to address Clean Air Act (CAA or ``Act'') requirements for
the 2006 24-hour fine particulate matter (PM2.5) national
ambient air quality standards (NAAQS or ``standards'') in the Los
Angeles-South Coast air basin (South Coast) Serious PM2.5
nonattainment area. The EPA is also approving 2017 and 2019 motor
vehicle emissions budgets for transportation conformity purposes and
inter-pollutant trading ratios for use in transportation conformity
analyses.
DATES: This final rule is effective on March 14, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2017-0490. 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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 415-
972-3964, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
[[Page 3306]]
Table of Contents
I. Background
II. Public Comments and EPA Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Epidemiological studies have shown statistically significant
correlations between elevated levels of PM2.5 (particulate
matter with a diameter of 2.5 microns or less) and premature mortality.
Other important health effects associated with PM2.5
exposure include aggravation of respiratory and cardiovascular disease,
changes in lung function, and increased respiratory symptoms.
Individuals particularly sensitive to PM2.5 exposure include
older adults, people with heart and lung disease, and children.\1\
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 as a result of
various chemical reactions among precursor pollutants such as nitrogen
oxides, sulfur oxides, volatile organic compounds, and ammonia
(``secondary PM2.5'').\2\
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\1\ 78 FR 3086, 3088 (January 15, 2013).
\2\ 72 FR 20586, 20589 (April 25, 2007).
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The EPA first established NAAQS for PM2.5 on July 18,
1997.\3\ On October 17, 2006, the EPA revised the 24-hour NAAQS for
PM2.5 to provide increased protection of public health by
lowering the level from 65 micrograms per cubic meter ([micro]g/m\3\)
to 35 [micro]g/m\3\.\4\
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\3\ 62 FR 38652. The initial NAAQS for PM2.5 included
annual standards of 15.0 [micro]g/m\3\ based on a 3-year average of
annual mean PM2.5 concentrations and 24-hour (daily)
standards of 65 [micro]g/m\3\ based on a 3-year average of 98th
percentile 24-hour concentrations (40 CFR 50.7).
\4\ 40 CFR 50.13 and 71 FR 61144. In 2012, the EPA revised the
annual standards to lower them to 12 [micro]g/m\3\ (78 FR 3086
(January 15, 2013), codified at 40 CFR 50.18). Unless otherwise
noted, all references to the PM2.5 standards in this
notice are to the 2006 24-hour NAAQS of 35 [micro]g/m\3\ codified at
40 CFR 50.13.
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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. On November 13, 2009, the EPA
designated the South Coast as nonattainment for the 2006 24-hour
PM2.5 standards.\5\ This designation became effective on
December 14, 2009.\6\ On June 2, 2014, the EPA classified the South
Coast area as ``Moderate'' nonattainment for both the 1997
PM2.5 standards and the 2006 PM2.5 standards
under subpart 4 of part D, title I of the Act.\7\
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\5\ 74 FR 58688.
\6\ 40 CFR 81.305.
\7\ 79 FR 31566. The EPA took this action in response to a
decision of the Court of Appeals for the D.C. Circuit finding that
the EPA had erred in implementing the PM2.5 NAAQS
pursuant solely to the general implementation provisions of subpart
1 of Part D, Title I of the Act, without also considering the
particulate matter-specific provisions of subpart 4 of Part D.
Natural Resources Defense Council (NRDC) v. EPA, 706 F.3d 428 (D.C.
Cir. 2013).
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On January 13, 2016, the EPA published a final rule reclassifying
the South Coast area as ``Serious'' nonattainment under subpart 4,
based on the EPA's determination that the area could not practicably
attain the 2006 PM2.5 standards by the Moderate area
attainment date, which was December 31, 2015.\8\ This reclassification
became effective on February 12, 2016.
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\8\ 81 FR 1514.
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The local air district with primary responsibility for developing a
plan to attain the 2006 PM2.5 NAAQS in this area is the
South Coast Air Quality Management District (``District'' or SCAQMD).
The District works cooperatively with the California Air Resources
Board (CARB) in preparing these plans. State authority for regulating
sources in the South Coast 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 and
some categories of consumer products.
As a consequence of its reclassification as a Serious
PM2.5 nonattainment area, the South Coast became subject to
a new attainment date under CAA section 188(c)(2) and to the
requirement to submit a Serious area plan that satisfies the
requirements of part D of title I of the Act, including the
requirements of subpart 4, for the 2006 PM2.5 NAAQS.\9\ As
explained in the EPA's final reclassification action, the Serious area
plan for the South Coast must include provisions to assure that the
best available control measures (BACM) for the control of direct
PM2.5 and PM2.5 precursors will be implemented no
later than 4 years after the area is reclassified (CAA section
189(b)(1)(B)), and a demonstration (including air quality modeling)
that the plan provides for attainment as expeditiously as practicable
but no later than December 31, 2019, which is the latest permissible
attainment date under CAA section 188(c)(2).\10\
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\9\ 81 FR 1514, 1518 (January 13, 2016).
\10\ Id.
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On October 3, 2018, we proposed to approve portions of a SIP
revision submitted by California to address CAA requirements for the
2006 24-hour PM2.5 NAAQS in South Coast Serious
nonattainment area.\11\ The submitted SIP revision is the ``Final 2016
Air Quality Management Plan (March 2017),'' adopted by the SCAQMD
Governing Board on March 3, 2017 (``2016 PM2.5 Plan'' or
``Plan''). CARB submitted the 2016 PM2.5 Plan to the EPA on
April 27, 2017.\12\
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\11\ 83 FR 49872.
\12\ Letter dated April 27, 2017, from Richard Corey, Executive
Officer, CARB, to Alexis Strauss, Acting Regional Administrator, EPA
Region IX, with enclosures. Our proposed rule erroneously stated
that we were also proposing to act on CARB's ``2016 State Strategy
for the State Implementation Plan (March 2017),'' also submitted on
April 27, 2017. That submission, however, is not a necessary
component of the 2016 PM2.5 Plan. See email dated November 15, 2018,
from Scott King, CARB, to Ginger Vagenas, EPA Region IX, Subject:
``RE: question about SC 2006 PM2.5 Plan.''
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The EPA proposed to approve the following portions of the 2016
PM2.5 Plan under CAA section 110(k)(3): The 2012 base year
emissions inventory, provisions assuring that BACM, including best
available control technology (BACT), for the control of direct
PM2.5 and PM2.5 precursors will be implemented no
later than 4 years after the area was reclassified, the demonstration
(including air quality modeling) that the plan provides for attainment
as expeditiously as practicable but no later than December 31, 2019,
provisions that require reasonable further progress (RFP) toward
attainment by the applicable attainment date, quantitative milestones
that are to be achieved every 3 years until the area is redesignated
attainment and that demonstrate RFP, and 2017 and 2019 motor vehicle
emissions budgets.\13\
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\13\ 83 FR 49872.
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The EPA also proposed to approve the inter-pollutant trading
mechanism provided in the 2016 PM2.5 Plan and clarified in a
March 14, 2018 letter from the District, for use in transportation
conformity analyses for the 2006 PM2.5 NAAQS, in accordance
with 40 CFR 93.124. Finally, the EPA proposed to find that the
requirement for contingency measures to be undertaken if the area fails
to make reasonable further progress under CAA section 172(c)(9) is moot
as applied to the 2017 milestone year because the State and District
have demonstrated to the EPA's satisfaction that the 2017 milestones
have been met. The rationale for our proposed action is included in the
proposal and will not be restated here. We did not propose any action
on the attainment contingency measure component of the 2016
PM2.5 Plan.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
that ended on November 2, 2018. During this comment period, we received
three
[[Page 3307]]
anonymous comments. Two of these commenters expressed criticism of a
political nature unrelated to this action specifically or to
environmental protection generally. The third commenter raised concerns
about the damage and risks associated with hydraulic fracturing
(commonly referred to as ``fracking''). Hydraulic fracturing is not
addressed in this action. After reviewing these comments, we have
concluded that they are outside the scope of our proposed action and
fail to identify any material issue necessitating a response. The
comments have been added to the docket for this action and are
accessible at https://www.regulations.gov/docket?D=EPA-R09-OAR-2017-0490.
III. Final Action
The EPA is taking final action to approve portions of the 2016
PM2.5 Plan submitted by the State of California to address
attainment of the 2006 PM2.5 NAAQS in the South Coast
PM2.5 Serious nonattainment area. We are finalizing approval
of the following elements of the 2016 PM2.5 Plan under CAA
section 110(k)(3):
1. The 2012 base year emission inventories (CAA section 172(c)(3));
2. the demonstration that BACM, including BACT, for the control of
direct PM2.5 and PM2.5 precursors will be
implemented no later than 4 years after the area was reclassified (CAA
section 189(b)(1)(B));
3. the demonstration (including air quality modeling) that the Plan
provides for attainment as expeditiously as practicable but no later
than December 31, 2019 (CAA sections 188(c)(2) and 189(b)(1)(A));
4. Plan provisions that require RFP toward attainment by the
applicable date (CAA section 172(c)(2));
5. quantitative milestones that are to be achieved every 3 years
until the area is redesignated attainment and that demonstrate RFP
toward attainment by the applicable date (CAA section 189(c));
6. motor vehicle emissions budgets for 2017 and 2019, as shown in
Table 1 (CAA section 176(c) and 40 CFR part 93, subpart A); and
7. the inter-pollutant trading mechanism provided in the 2016
PM2.5 Plan and clarified in a March 14, 2018 letter from the
District, for use in transportation conformity analyses for the 2006
PM2.5 NAAQS, in accordance with 40 CFR 93.124.
Table 1--Budgets for the South Coast for the 2006 PM2.5 Standard
[Average annual tons per day]
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2017 (RFP year) 2019 (attainment year)
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PM2.5 NOX VOC PM2.5 NOX VOC
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Budgets........................................... 21 200 99 20 169 83
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We are also finalizing our proposal to determine that the
requirement for contingency measures to be undertaken if the area fails
to make reasonable further progress under CAA section 172(c)(9) is moot
as applied to the 2017 milestone year because CARB and the District
have demonstrated to the EPA's satisfaction that the 2017 milestones
have been met.
IV. Statutory and Executive Order Reviews
Under the CAA, 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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to 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. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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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 15, 2019. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Oxides of
nitrogen, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: December 12, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraph (c)(513)(ii)(B) to
read as follows:
Sec. 52.220 Identification of plan--in part.
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(c) * * *
(513) * * *
(ii) * * *
(B) South Coast Air Quality Management District. (1) The following
portions of the ``Final 2016 Air Quality Management Plan (March
2017),'' adopted March 3, 2017: Chapter 5 (``PM2.5 Modeling
Approach''), pages 5-17 through 5-27; Appendix III (``Base and Future
Emission Inventory''), Attachment A (``Annual Average Emissions by
Source Category in South Coast Air Basin'') for PM2.5,
NOX, SO2, VOC, and NH3 for years 2012, 2017,
2019, and 2020 and Attachment D, tables D-1, D-3, D-7 and D-9; Appendix
IV-A (``SCAQMD's Stationary and Mobile Source Control Measures''),
Table IV-A-4 and section 2 (``PM2.5 Control Measures'');
Appendix IV-C (``Regional Transportation Strategy and Control
Measures''), section IV (``TCM Best Available Control Measure (BACM)
Analysis for 2006 24-Hour and 2012 Annual PM2.5 NAAQS'');
Appendix V (``Modeling and Attainment Demonstration''), Chapter 7
(``24-hour PM2.5 Demonstration'') and Attachment 8 (``24-
hour Unmonitored Area Analysis Supplement''); Appendix VI-A
(``Reasonably Available Control Measures (RACM)/Best Available Control
Measures (BACM) Demonstration''), pages VI-A-13 through VI-A-42,
Attachment VI-A-1 (``Evaluation of SCAQMD Rules and Regulations''),
Attachment VI-A-2 (``Control Measure Assessment''), and Attachment VI-
A-3 (``California Mobile Source Control Program Best Available Control
Measures/Reasonably Available Control Measures Assessment''); Appendix
VI-C (``Reasonable Further Progress (RFP) and Milestone Years''), pages
VI-C-5 through VI-C-8, and Attachment VI-C-1 (``California Existing
Mobile Source Control Program''); Appendix VI-D (``General Conformity
and Transportation Conformity Budget''), pages VI-D-2 through VI-D-6
and excluding tables VI-D-1 through 3; and Appendix VI-F (``Precursor
Requirements'').
(2) Letter dated March 14, 2018 from Philip Fine, Deputy Executive
Officer, Planning, Rule Development, and Area Sources, South Coast Air
Quality Management District, to Amy Zimpfer, Associate Director, Air
Division, EPA Region IX.
(3) Letter dated June 15, 2018 from Philip Fine, Deputy Executive
Officer, Planning, Rule Development, and Area Sources, South Coast Air
Quality Management District, to Amy Zimpfer, Associate Director, Air
Division, EPA Region IX, regarding ``Condensable and Filterable
Portions of PM2.5 Emissions in the 2016 AQMD.''
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[FR Doc. 2019-01922 Filed 2-11-19; 8:45 am]
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