[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57733-57736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19588]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2020-0309; FRL-10014-44-Region 9]
Finding of Failure To Attain the 2006 24-Hour Fine Particulate
Matter Standards; California; Los Angeles-South Coast Air Basin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) has determined that
the Los Angeles-South Coast Air Basin nonattainment area failed to
attain the 2006 24-hour fine particulate matter (``PM2.5'')
national ambient air quality standards by the December 31, 2019
``Serious'' area attainment date. This determination is based on
ambient air quality monitoring data from 2017 through 2019. As a result
of this determination, the State of California is required to submit a
revision to the California State Implementation Plan (SIP) that, among
other elements, provides for expeditious attainment within the time
limits prescribed by regulation and provides for a five percent annual
reduction in the emissions of direct PM2.5 or a
PM2.5 plan precursor pollutant. We are also correcting an
error in the table of California area designations for the 2006
PM2.5 national ambient air quality standards.
DATES: This rule is effective October 16, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2020-0309. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information may not be 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 http://www.regulations.gov. 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
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
[[Page 57734]]
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone at 415-972-3964, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
II. Public Comments and Responses
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
On July 10, 2020 (85 FR 41479), the EPA proposed to determine that
the Los Angeles-South Coast Air Basin (``South Coast'') Serious
nonattainment area failed to attain the 2006 PM2.5 national
ambient air quality standards (NAAQS) \1\ by the applicable attainment
date of December 31, 2019. Our proposed determination was based on
complete, quality-assured, and certified ambient air quality date for
the 2017 to 2019 monitoring period. The South Coast 2006
PM2.5 NAAQS nonattainment area includes Orange County, the
southwestern two-thirds of Los Angeles County, southwestern San
Bernardino County, and western Riverside County.\2\
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\1\ In October 2006, the EPA revised the 24-hour NAAQS for fine
particulate matter (particles with a diameter of 2.5 microns or less
or PM2.5) (``2006 PM2.5 NAAQS'') to provide
increased protection of public health by lowering its level from 65
micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\. 71
FR 61144 (October 17, 2006). The EPA established both primary and
secondary standards for the 2006 24-hour PM2.5 NAAQS.
Primary standards provide public health protection, including
protecting the health of ``sensitive'' populations such as
asthmatics, children, and the elderly. Secondary standards provide
public welfare protection, including protection against decreased
visibility and damage to animals, crops, vegetation, and buildings.
Since the primary and secondary standards for 24-hour
PM2.5 are set at the same level, we refer to them herein
using the singular ``2006 PM2.5 NAAQS'' or ``2006
PM2.5 standard.''
\2\ A precise description of the South Coast PM2.5
nonattainment area is contained in 40 CFR 81.305.
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Our proposed rule provided background information on the effects of
exposure to elevated levels of PM2.5, the designation and
classification of the South Coast under the Clean Air Act (CAA) for the
2006 PM2.5 NAAQS, the plans developed by California to
address nonattainment area requirements for the South Coast, the
reclassification of the area from ``Moderate'' to ``Serious,'' and the
related extension of the applicable attainment date to December 31,
2019.\3\
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\3\ 85 FR 41479, 41480.
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In our July 10, 2020 proposed rule, we also described the
following: the statutory basis (i.e., CAA sections 179(c)(1) and
188(b)(2)) for the obligation on the EPA to determine whether an area's
air quality meets the 2006 PM2.5 NAAQS; the EPA regulations
establishing the specific methods and procedures to determine whether
an area has attained the 2006 PM2.5 NAAQS; and the
PM2.5 monitoring networks operated in the South Coast by the
South Coast Air Quality Management District and the Pechanga Band of
Luiseno Mission Indians of the Pechanga Reservation and related
monitoring network plans.\4\ We also documented our previous review of
the networks and network plans, the agencies' annual certifications of
ambient air monitoring data, and our determination that 17 of the 18
monitoring sites within the South Coast produced valid design values
for purposes of comparison with the 2006 PM2.5 NAAQS.\5\
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\4\ Id. at 41480-41481.
\5\ Id. at 41481.
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Under EPA regulations in 40 CFR 50.13 and in accordance with 40 CFR
part 50, Appendix N, the 2006 PM2.5 NAAQS is met when the
design value is less than or equal to 35.0 [micro]g/m\3\. More
specifically, the design value is the 3-year average of annual 98th
percentile 24-hour average values recorded at each eligible monitoring
site, and the 2006 PM2.5 NAAQS are met when the design value
for the 24-hour standards at each such monitoring site is less than or
equal to 35 [micro]g/m\3\.
In our proposed rule, to evaluate whether the South Coast attained
the 2006 PM2.5 NAAQS by the December 31, 2019 attainment
date, we determined the 2017-2019 design values at each of the 18
PM2.5 monitoring sites for the 24-hour PM2.5
standard. See Table 1 of our July 10, 2020 proposed rule.\6\ Based on
the valid design values at 17 of the sites, we found that two sites did
not meet the 2006 PM2.5 NAAQS of 35 [micro]g/m\3\ by the
December 31, 2019 attainment date: the Compton site in Los Angeles
County and the Mira Loma site in Riverside County. The 2019 24-hour
design value site, i.e., the site with the highest design value based
on 2017-2019 data, is the Compton site with a 2019 24-hour
PM2.5 design value of 38 [micro]g/m\3\.
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\6\ Id. at 41482.
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For the South Coast to attain the 2006 PM2.5 NAAQS by
December 31, 2019, the 2019 design value (reflecting data from 2017-
2019) at each eligible monitoring site in the South Coast must be equal
to or less than 35 [micro]g/m\3\. Because at least one site had 2019
design values greater than 35 [micro]g/m\3\, we proposed to determine
that the South Coast failed to attain the 2006 PM2.5
standard by the December 31, 2019 attainment date and described the CAA
requirements that would apply if the EPA were to finalize the proposed
finding of failure to attain.\7\ With today's action, we finalize this
determination.
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\7\ Id. at 41483.
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In addition to our proposed finding of failure to attain, we
proposed under CAA section 110(k)(6) to correct an error that we
introduced into the table for California designations for the 2006
PM2.5 NAAQS in 40 CFR 81.305.\8\ In 2016, we reclassified
the South Coast from Moderate to Serious for the 2006 PM2.5
standard, but we erroneously considered the lands of the Santa Rosa
Band of Cahuilla Mission Indians in Riverside County to be part of the
South Coast Moderate nonattainment area and revised the designation for
those lands from unclassifiable/attainment to Serious nonattainment. We
are finalizing our correction of this error by revising the table for
California area designations for the 24-hour PM2.5 NAAQS to
indicate the designation is unclassifiable/attainment for the lands of
the Santa Rosa Band of Cahuilla Mission Indians in Riverside County.
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\8\ Id.
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Please see our July 10, 2020 proposed rule for more information
about the topics summarized above.
Since our proposed rule, we have discovered that PM2.5
data excluded from the design values calculated at certain monitoring
sites, and presented in Table 1 of our proposed rule, should not have
been excluded.\9\ The monitoring sites for which 2019 design values may
change once this issue is resolved include Rubidoux, Anaheim, South
Long Beach, Los Angeles (Main Street), Mira Loma, Long Beach Route 710,
and Ontario Route 60. This issue does not affect our determination that
the South Coast failed to attain the 2006 PM2.5 NAAQS by the
applicable attainment date because our determination needs only a
single violating monitor over the relevant time period to be adequately
supported, and the violating monitor at the Compton site is not
affected by this issue. We will continue to work with the District on
this issue as they develop the SIP revision triggered by the
determination that we are finalizing today.
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\9\ See email from Jennifer Williams, EPA Region IX, to Rene
Bermudez, SCAQMD, dated August 5, 2020.
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II. Public Comments and Responses
Our July 10, 2020 proposed rule provided a 30-day public comment
period that closed on August 10, 2020. During this period, one
anonymous
[[Page 57735]]
comment letter was submitted by a member of the public. The comments in
the letter are generally supportive of the proposed determination, but
also raise issues that are outside of the scope of this rulemaking,
including suggestions to the State and local governments in the South
Coast for use in developing the revised plan. The beyond-the-scope
comments do not relate to any of the specific topics discussed in the
proposal, nor do they address the EPA's rationale for the proposed
determination of failure to attain. Consequently, the EPA is not
responding to the comments and is finalizing the action as proposed.
The comment letter we received is included in the docket for this
action.
III. Final Action
Under CAA sections 179(c)(1) and 188(b)(2), the EPA is taking final
action to determine that the South Coast ``Serious'' PM2.5
nonattainment area has failed to attain the 2006 PM2.5 NAAQS
by the applicable attainment date of December 31, 2019. In response to
this determination, the State of California is required under 40 CFR
51.1003(c) to submit a revision to the SIP for the South Coast that,
among other elements, demonstrates expeditious attainment of the NAAQS
within the time period prescribed by 40 CFR 51.1004(a)(3) and that
provides for annual reduction in the emissions of direct
PM2.5 or a PM2.5 plan precursor pollutant within
the area of not less than five percent until attainment.\10\ The SIP
revision required under 40 CFR 51.1003(c) is due for submittal to the
EPA no later than December 31, 2020.
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\10\ 40 CFR 51.1003(c). The EPA defines PM2.5 plan
precursor as those PM2.5 precursors required to be
regulated in the applicable attainment plan and/or nonattainment new
source review program. 40 CFR 51.1000.
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We are also correcting an error in a previous rulemaking and
restoring the designation of ``Unclassifiable/Attainment'' for the 2006
PM2.5 NAAQS for the lands of the Santa Rosa Band of Cahuilla
Mission Indians in Riverside County in the appropriate table in 40 CFR
81.305.
IV. Statutory and Executive Order Reviews
This action in and of itself establishes no new requirements; it
merely documents that air quality in the South Coast did not meet the
2006 PM2.5 NAAQS by the applicable attainment date. 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 (Public Law 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 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, this action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP obligations discussed herein do not apply to Indian
tribes and thus this action will not impose substantial direct costs on
tribal governments or preempt tribal law. Nonetheless, the EPA notified
the tribes within the South Coast PM2.5 nonattainment area
of the proposed action and offered formal consultation. No tribe
requested formal consultation.
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).
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 November 16, 2020. 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, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 28, 2020.
John Busterud,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amend chapter I,
title 40 of the Code of Federal Regulations 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 52.247 is amended by adding paragraph (n) to read as
follows:
Sec. 52.247 Control strategy and regulations: Fine Particle Matter.
* * * * *
(n) Determination of Failure to Attain: Effective October 16, 2020,
the EPA has
[[Page 57736]]
determined that the Los Angeles-South Coast Air Basin Serious
PM2.5 nonattainment area failed to attain the 2006 24-hour
PM2.5 NAAQS by the applicable attainment date of December
31, 2019. This determination triggers the requirements of CAA sections
179(d) and 189(d) for the State of California to submit a revision to
the California SIP for the Los Angeles-South Coast Air Basin to the EPA
by December 31, 2020. The SIP revision must, among other elements,
demonstrate expeditious attainment of the 2006 24-hour PM2.5
NAAQS within the time period provided under CAA section 179(d) and that
provides for annual reduction in the emissions of direct
PM2.5 or a PM2.5 plan precursor pollutant within
the area of not less than five percent until attainment.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. In Sec. 81.305 amend the table entitled ``California--2006 24-Hour
PM2.5 NAAQS [Primary and Secondary]'' under the heading
``Los Angeles-South Coast Air Basin, CA'' by revising the entry for
``That part of the lands of the Santa Rosa Band of Cahuilla Mission
Indians which is excluded from the Riverside County (part)
nonattainment area'' to read as follows:
Sec. 81.305 California.
* * * * *
California--24-Hour 2006 PM2.5 NAAQS
[Primary and Secondary]
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Designation \a\ Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
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* * * * * * *
Los Angeles-South Coast Air
Basin, CA:
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That part of the lands of .................. Unclassifiable/ ..................
the Santa Rosa Band of Attainment.
Cahuilla Mission Indians
which is excluded from the
Riverside County (part)
nonattainment area.
* * * * * * *
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\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.
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[FR Doc. 2020-19588 Filed 9-15-20; 8:45 am]
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