[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Proposed Rules]
[Pages 63751-63759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22191]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2022-0745; FRL-10211-01-R9]


Determination of Attainment by the Attainment Date, Clean Data 
Determination, and Proposed Approval of Base Year Emissions Inventory 
for the Imperial County, California Nonattainment Area for the 2012 
Annual Fine Particulate Matter NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Imperial County, California fine particulate matter 
(PM2.5) nonattainment area (``Imperial PM2.5 
nonattainment area'') attained the 2012 annual PM2.5 
national ambient air quality standard (NAAQS or ``standard'') by its 
December 31, 2021 ``Moderate'' area attainment date. This proposed 
determination is based upon ambient air quality monitoring data from 
2019 through 2021. We are also proposing to make a clean data 
determination (CDD) based on our determination that preliminary air 
quality monitoring data from 2022 indicate the Imperial 
PM2.5 nonattainment area continues to attain the 2012 annual 
PM2.5 NAAQS. If we finalize this CDD, certain Clean Air Act 
(CAA) requirements that apply to the Imperial County Air Pollution 
Control District (ICAPCD or ``District'') will be suspended for so long 
as the area continues to meet the 2012 annual PM2.5 NAAQS. 
The area will remain designated as nonattainment for the 2012 annual 
PM2.5 NAAQS. The EPA is also proposing to approve a revision 
to California's state implementation plan (SIP) consisting of the 2012 
emissions inventory for the Imperial PM2.5 nonattainment 
area, submitted by the California Air Resources Board (CARB or 
``State'') on July 18, 2018.

DATES: Comments must be received on or before November 21, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0745 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105; telephone number: (415) 972-
3964; email address: [email protected].

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

Table of Contents

I. Background for the EPA's Proposed Action
    A. The 2012 Annual PM2.5 National Ambient Air Quality 
Standard
    B. Clean Air Act Requirements for PM2.5 Nonattainment 
Areas
    C. Imperial PM2.5 Nonattainment Area Designation and 
State Implementation Plan Requirements
    D. Requirement for Determination of Attainment of the 2012 
Annual PM2.5 National Ambient Air Quality Standard
    E. The EPA's Clean Data Policy
II. Proposed Determination of Attainment and Associated Rationale
    A. Applicable Statutory and Regulatory Provisions
    B. Monitoring Network Review, Quality Assurance, and Data 
Completeness
    C. The EPA's Evaluation of Attainment
III. Clean Data Determination
IV. Analysis of 2012 Base Year Emissions Inventory
    A. California's SIP Submittal for the 2012 PM2.5 
Standard for the Imperial PM2.5 Nonattainment Area
    B. Public Notice, Public Hearing, and Completeness Requirements 
for SIP Submittals
    C. Requirements for Emissions Inventories
    D. Base Year Emissions Inventory in the Imperial 
PM2.5 Plan
    E. The EPA's Evaluation
V. Environmental Justice Considerations
VI. Proposed Action
VII. Statutory and Executive Order Reviews

I. Background for the EPA's Proposed Action

A. The 2012 Annual PM2.5 National Ambient Air Quality 
Standard

    Under section 109 of the CAA, the EPA has established NAAQS for 
certain pervasive air pollutants (referred to as ``criteria 
pollutants'') and conducts periodic reviews of the NAAQS to determine 
whether they should be revised or whether new NAAQS should be 
established. The EPA sets the NAAQS for criteria pollutants at levels 
required to protect public health and welfare after considering 
substantial evidence from numerous health studies demonstrating that 
serious adverse health effects are associated with exposures to these 
criteria pollutants.\1\
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    \1\ For a given air pollutant, ``primary'' national ambient air 
quality standards are those determined by the EPA as requisite to 
protect the public health. ``Secondary'' standards are those 
determined by the EPA as requisite to protect the public welfare 
from any known or anticipated adverse effects associated with the 
presence of such air pollutant in the ambient air. CAA section 
109(b).
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    Particulate matter includes particles with diameters that are 
generally 2.5 microns or smaller (PM2.5) and particles with 
diameters that are generally 10 microns or smaller (PM10). 
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 (``secondary 
PM2.5'') as a result of various chemical reactions among 
precursor pollutants such as nitrogen oxides (NOX), sulfur 
dioxide (SO2), volatile organic compounds (VOC), and ammonia 
(NH3).\2\
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    \2\ EPA, Air Quality Criteria for Particulate Matter, No. EPA/
600/P-99/002aF and EPA/600/P-99/002bF, October 2004.
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    Epidemiological studies have shown statistically significant 
correlations between elevated PM2.5 levels and detrimental 
effects to human health and the environment. The health effects 
associated with PM2.5 exposure include changes in lung 
function resulting in the development of respiratory symptoms, 
aggravation of existing respiratory conditions, cardiovascular disease 
(as indicated by increased hospital admissions, emergency room visits,

[[Page 63752]]

absences from school or work, and restricted activity days), and 
premature mortality. Individuals particularly sensitive to 
PM2.5 exposure include older adults, people with heart and 
lung disease, and children.\3\ Elevated PM2.5 levels also 
has adverse secondary effects such as visibility impairment and damage 
to vegetation and ecosystems.
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    \3\ Id.
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    The EPA first established annual and 24-hour NAAQS for 
PM2.5 on July 18, 1997.\4\ The annual primary and secondary 
standards were set to 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. Then, on January 15, 2013, in order to provide 
increased protection of public health, the EPA promulgated a more 
stringent annual PM2.5 NAAQS, revising the primary standard 
to 12.0 [mu]g/m\3\ based on a 3-year average of annual mean 
PM2.5 concentrations, while retaining the secondary standard 
at 15.0 [mu]g/m\3\.\5\
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    \4\ 62 FR 38652. In October 2006, the EPA lowered the 24-hour 
NAAQS for PM2.5 from 65 micrograms per cubic meter 
([mu]g/m\3\) to 35 [mu]g/m\3\. 71 FR 61144 (October 17, 2006).
    \5\ 78 FR 3086 and 40 CFR 50.18. Unless otherwise noted, all 
references to the PM2.5 NAAQS in this document are to the 
2012 annual NAAQS of 12.0 [micro]g/m\3\, codified at 40 CFR 50.18.
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B. Clean Air Act Requirements for PM2.5 Nonattainment Areas

    The CAA requires states to develop a SIP that provides generally 
for the attainment, maintenance, and enforcement of the NAAQS. In 
addition, the CAA requires states to make a specific type of SIP 
submittal, a nonattainment plan submittal, that imposes additional 
controls for purposes of attaining the PM2.5 NAAQS, to 
achieve reductions of PM2.5 and PM2.5 precursor 
emissions.
    The general CAA part D nonattainment area planning requirements are 
found in subpart 1 and the nonattainment area planning requirements 
specific to particulate matter are found in subpart 4. The subpart 1 
statutory requirements for attainment plans include the following: the 
section 172(c)(1) requirements for reasonably available control 
measures (RACM)/reasonably available control technology (RACT) and 
attainment demonstrations; the section 172(c)(2) requirement to 
demonstrate reasonable further progress (RFP); the section 172(c)(3) 
requirement for emissions inventories; the section 172(c)(5) 
requirements for a nonattainment new source review (NNSR) permitting 
program; and the section 172(c)(9) requirement for contingency 
measures.
    The more specific subpart 4 statutory requirements for Moderate 
PM2.5 nonattainment areas include the following: the section 
189(a)(1)(A) NNSR permit program requirements; the section 189(a)(1)(B) 
requirements for attainment demonstrations; the section 189(a)(1)(C) 
requirements for RACM; the section 189(c) requirements for RFP and 
quantitative milestones; and the section 189(e) requirement for 
controls on sources of PM10 precursors.
    Under subpart 4, states with Moderate PM2.5 
nonattainment areas must provide for attainment in the area as 
expeditiously as practicable but no later than the end of the sixth 
calendar year after designation. For the 2012 PM2.5 annual 
NAAQS, this date is December 31, 2021. In addition, under subpart 4, 
direct PM2.5 and all precursors to the formation of 
PM2.5 are subject to control unless the EPA approves a 
demonstration from the state establishing that a given precursor does 
not contribute significantly to PM2.5 levels that exceed the 
PM2.5 NAAQS in the area.\6\
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    \6\ 40 CFR 51.1006 and 51.1009.
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    To implement the PM2.5 NAAQS, the EPA has also 
promulgated the ``Fine Particle Matter National Ambient Air Quality 
Standard: State Implementation Plan Requirements; Final Rule'' 
(``PM2.5 Implementation Rule'').\7\ The PM2.5 
Implementation Rule provides additional regulatory requirements and 
guidance applicable to attainment plan submittals for the 
PM2.5 NAAQS, including the 2012 annual PM2.5 
NAAQS at issue in this action.
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    \7\ 81 FR 58010 (August 24, 2016).
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C. Imperial PM2.5 Nonattainment Area Designation and State 
Implementation Plan Requirements

    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.\8\ Those regions found not to 
be attaining the NAAQS are also given a classification that describes 
the degree of nonattainment. Under subpart 4 of part D of title I of 
the CAA, the EPA designates areas found to be violating the 
PM2.5 NAAQS, and areas that contribute to such violations, 
as nonattainment and classifies them initially as Moderate 
nonattainment areas.
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    \8\ The EPA designated a portion of Imperial County as 
nonattainment for the 2006 24-hour standard effective December 13, 
2009, and subsequently determined that the area had attained the 
standard. 74 FR 58688 (November 13, 2009) and 82 FR 13392 (March 13, 
2017).
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    On January 15, 2015, the EPA published initial air quality 
designations for the 2012 annual PM2.5 NAAQS for most areas 
in the United States, effective April 15, 2015. The EPA designated a 
portion of Imperial County as a nonattainment area for the 2012 annual 
PM2.5 standard and classified it as a ``Moderate'' area, 
based on ambient monitoring data that showed the area was above 12.0 
[mu]g/m\3\ for the 2011-2013 monitoring period.\9\
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    \9\ For the 2011-2013 period relevant to the designation, the 
annual PM2.5 design value for the Imperial 
PM2.5 nonattainment area was 14.3 [mu]g/m\3\ based on 
monitored readings at the Calexico-Ethel (``Calexico'') monitor. 80 
FR 2206.
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    As a consequence of the Moderate nonattainment designation and 
classification, CAA sections 172(c) and 189(a), (c) and (e) required 
the state of California to submit an attainment plan for the Imperial 
PM2.5 nonattainment area within 18 months of the effective 
date of designation (that is, by October 15, 2016), demonstrating 
attainment of the NAAQS as expeditiously as practical but no later than 
the end of the sixth calendar year following the designation, or 
December 31, 2021, which is the latest permissible attainment date 
under CAA section 188(c)(2).
    Under state law, the local air district with primary responsibility 
for developing a plan to attain the 2012 annual PM2.5 NAAQS 
in this area is the ICAPCD. Also under state law, authority for 
regulating sources under state jurisdiction in the Imperial 
PM2.5 nonattainment area 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.
    Effective May 7, 2018, the EPA issued a finding that California had 
failed to submit a timely revision to its SIP as required to satisfy 
certain requirements under the CAA for implementation for the 2012 
annual PM2.5 NAAQS for the Imperial PM2.5 
nonattainment area.\10\ For mandatory SIP requirements under part D, 
title I of the CAA, such as those for PM2.5 nonattainment 
areas, the EPA's finding that a state has failed to make the required 
complete SIP submission establishes specific consequences. These 
consequences include the imposition of mandatory sanctions for the 
affected area if the state has not submitted a complete SIP within 18 
months of the finding of failure to submit, in this case by October 6, 
2019.\11\ Additionally, such a finding triggers an obligation under CAA 
section 110(c) for the EPA to promulgate a federal implementation plan 
(FIP) for

[[Page 63753]]

the area no later than two years from the effective date of the finding 
if the state has not submitted and the EPA has not approved the 
required SIP submittal.
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    \10\ 83 FR 14759 (April 6, 2018).
    \11\ CAA section 179.
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    The District worked cooperatively with CARB in preparing the 
``Imperial County 2018 Annual Particulate Matter Less than 2.5 Microns 
in Diameter State Implementation Plan.'' (Imperial PM2.5 
Plan, or ``Plan''), which was adopted by the District on April 24, 
2018. CARB submitted the Imperial PM2.5 Plan as a revision 
to the California SIP on July 18, 2018. On October 29, 2018, CARB 
submitted Imperial County rules related to the contingency measure 
element of the attainment plan.\12\ On March 19, 2019, we determined 
that together these submittals addressed our finding of failure to 
submit and corrected the deficiency that formed the basis for that 
finding.\13\ As a result, the offset and highway sanctions clocks 
triggered by the finding of failure to submit were permanently stopped, 
but the EPA's obligation to issue a FIP remained in place.
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    \12\ The EPA approved these rules in a separate action. 84 FR 
45418 (August 29, 2019).
    \13\ Letter dated March 19, 2019, from Elizabeth Adams, Air 
Division Director, EPA, Region IX, to Richard Corey, Executive 
Officer, CARB.
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D. Requirement for Determination of Attainment of the 2012 Annual PM2.5 
National Ambient Air Quality Standard

    Section 179(c) of the CAA requires that within six months following 
the applicable attainment date, the EPA shall determine whether a 
nonattainment area attained the standard based on the area's design 
value \14\ as of that date, i.e., as of December 31, 2021.\15\ In this 
instance, this determination, also referred to as a determination of 
attainment by the attainment date or a DAAD, is based on certified data 
for the period of 2019--2021. Section 179(c)(2) of the CAA requires the 
EPA to publish the determination in the Federal Register no later than 
6 months after the attainment date, that is, in the case of the 
Imperial PM2.5 nonattainment area, by June 30, 2022. If the 
EPA determines that a Moderate area failed to attain, CAA section 
188(b)(2) requires the area to be reclassified by operation of law as a 
Serious nonattainment area.
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    \14\ A design value is the 3-year average NAAQS metric that is 
compared to the NAAQS level to determine when a monitoring site 
meets or does not meet the NAAQS. The specific methodologies for 
calculating whether the annual PM2.5 NAAQS is met at each 
eligible monitoring site in an area is found in 40 CFR part 50, 
Appendix N, Section 4.1.
    \15\ A determination that an area has attained by the applicable 
attainment date does not constitute a redesignation to attainment.
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E. The EPA's Clean Data Policy

    While the EPA may determine that an area's air quality data 
indicate that an area met the PM2.5 NAAQS as of the 
attainment date, this does not eliminate the state's responsibility 
under the Act to adopt and implement an approvable attainment plan 
unless the area also has been granted a CDD.\16\ Under the EPA's 
longstanding Clean Data Policy, which was reaffirmed in the 
PM2.5 Implementation Rule at 40 CFR 51.1015, when an area 
has attained the relevant PM2.5 standard(s), the EPA may 
issue a CDD (also sometimes referred to as a determination of 
attainment for the purposes of the Clean Data Policy or regulations) 
after notice and comment rulemaking determining that a specific area is 
attaining the relevant standard(s). A CDD is not linked to any 
particular attainment deadline and is not necessarily equivalent to a 
determination that an area has attained the standard by its applicable 
attainment deadline.
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    \16\ 81 FR 58010, 58069.
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    The effect of a CDD is to suspend the requirement for the area to 
submit an attainment demonstration, RACM, an RFP plan, contingency 
measures, and any other planning requirements related to attainment for 
as long as the area continues to attain the standard.\17\ With respect 
to the attainment demonstration requirements of section 172(c) and 
section 189(a)(1)(B) of the CAA, the EPA finds that if an area already 
has air quality monitoring data demonstrating attainment of the 
standard, there is no need for an area to make a further submittal 
containing additional measures to achieve attainment, nor is there a 
need for the area to perform future modeling to show how the area will 
achieve attainment. Similarly, both CAA sections 172(c)(1) and 
189(a)1)(C) require provisions to assure that RACM that are necessary 
to help an area achieve attainment are implemented. Thus, where an area 
is already attaining the standard, no additional RACM are required. 
Additionally, the EPA interprets the CAA as not requiring the submittal 
of RFP and associated quantitative milestones for areas that are 
already attaining the NAAQS. For areas that are attaining the NAAQS, 
showing that the state will make RFP towards attainment has no meaning. 
Similar reasoning applies to other SIP submittal requirements that are 
linked with attainment demonstration and RFP requirements. The EPA 
interprets the obligation to submit contingency measures as suspended 
when the area has attained the standard because those contingency 
measures are directed at ensuring RFP and attainment by the applicable 
date. A CDD does not suspend the requirements for an emissions 
inventory or for new source review.\18\
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    \17\ In the context of CDDs, the EPA distinguishes between 
attainment planning requirements of the CAA, which relate to the 
attainment demonstration for an area and related control measures 
designed to bring an area into attainment for the given NAAQS as 
expeditiously as practicable, and other types of requirements, such 
as permitting requirements under the nonattainment new source review 
program, emissions inventory requirement, and specific control 
requirements independent of those strictly needed to ensure timely 
attainment of the given NAAQS.
    \18\ On August 26, 2019, the EPA approved Imperial County APCD's 
amended Rule 207, ``New and Modified Stationary Source Review'' as 
meeting applicable CAA requirements for New Source review, thereby 
satisfying the requirement for new source review. 84 FR 44545. This 
action includes our proposed approval of the base year emissions 
inventory included in the attainment plan for the Imperial County 
nonattainment area submitted on July 18, 2018. See Section IV of 
this document.
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II. Proposed Determination of Attainment and Associated Rationale

A. Applicable Statutory and Regulatory Provisions

    Sections 179(c)(1) and 188(b)(2) of the CAA require the EPA to 
determine whether a PM2.5 nonattainment area attained by the 
applicable attainment date, based on the area's air quality ``as of the 
attainment date.'' Generally, this determination of whether an area's 
air quality meets the PM2.5 standards is based upon the most 
recent three years of complete, certified data gathered at eligible 
monitoring sites in accordance with 40 CFR part 58.\19\ The 
requirements of 40 CFR part 58 include quality assurance procedures for 
monitor operation and data handling, siting parameters for instruments 
or instrument probes, and minimum ambient air quality monitoring 
network requirements. State, local, or tribal agencies that operate air 
monitoring sites in accordance with 40 CFR part 58 must enter the 
ambient air quality data and associated quality assurance data from 
these sites into the EPA's Air Quality System (AQS) database.\20\ These 
monitoring agencies certify annually that these data are accurate to 
the best of their knowledge, taking into consideration the quality 
assurance findings.\21\ Accordingly, the EPA relies primarily on AQS 
data when determining the attainment status of an area.
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    \19\ 40 CFR part 50, Appendix N, section 3.0.
    \20\ 40 CFR 58.16. AQS is the EPA's national repository of 
ambient air quality data.
    \21\ 40 CFR 58.15(a).
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    The 2012 primary annual PM2.5 standard is met when the 
three year

[[Page 63754]]

average of the annual arithmetic mean concentration, as determined in 
accordance with 40 CFR part 50 appendix N, is less than or equal to 
12.0 [mu]g/m\3\ at each eligible monitoring site (based on the rounding 
convention in 40 CFR part 50, Appendix N).\22\ For the annual 
PM2.5 standard, eligible monitoring sites are those 
monitoring stations that meet the criteria specified in 40 CFR 58.11 
and 58.30, and thus are approved for comparison to the annual 
PM2.5 NAAQS.\23\ Three years of valid annual means are 
required to produce a valid annual PM2.5 NAAQS design 
value.\24\ Data completeness requirements for a given year are met when 
at least 75 percent of the scheduled sampling days for each quarter 
have valid data.\25\ We note that monitors with incomplete data in one 
or more quarters may still produce valid design values if the 
conditions for applying the EPA's data substitution test are met.\26\ 
In determining whether data are suitable for regulatory determinations, 
the EPA uses a ``weight of evidence'' approach, considering the 
requirements of 40 CFR part 58, Appendix A ``in combination with other 
data quality information, reports, and similar documentation that 
demonstrate overall compliance with Part 58.'' \27\
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    \22\ 40 CFR 50.18(b); 40 CFR part 50, Appendix N, section 4.1(a)
    \23\ 40 CFR part 50, Appendix N section 1.0(c)
    \24\ 40 CFR part 50, Appendix N, Section 4.1(b).
    \25\ Id.
    \26\ 40 CFR part 50 Appendix N, section 4.1(b) and (c).
    \27\ 40 CFR part 58, Appendix A, section 1.2.3.
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B. Monitoring Network Review, Quality Assurance, and Data Completeness

    The State and the District are the governmental agencies with the 
authority and responsibility under state law for collecting ambient air 
quality data within the Imperial PM2.5 nonattainment area. 
During the 2019-2021 period, CARB and the ICAPCD operated three 
PM2.5 state and local air monitoring stations (SLAMS) within 
the Imperial PM2.5 nonattainment area; all three sites are 
located in the southern portion of Imperial County. The Calexico-Ethel 
monitoring site (AQS ID: 06-025-0005) is operated by CARB and is 
located approximately 0.7 miles north of the United States-Mexico 
border. The Calexico-Ethel monitoring site measured the highest 2021 
design value \28\ within the Imperial PM2.5 nonattainment 
area; it is therefore considered the ``design value site'' for the 
area. The ICAPCD operates two additional SLAMS: the Brawley monitoring 
site (AQS ID: 06-025-0007), located in the City of Brawley, 9 miles 
north of the border, and the El Centro monitoring site (AQS ID: 06-025-
1003), located in the City of El Centro, 22 miles north of the border. 
CARB, as the primary quality assurance organization for the Imperial 
PM2.5 nonattainment area, submits annual monitoring network 
plans to the EPA documenting the status of CARB's air monitoring 
network, as required under 40 CFR 58.10.\29\ The EPA reviews these 
annual network plans for compliance with specific requirements in 40 
CFR 58. With respect to PM2.5, we have found that the annual 
network plans submitted by CARB meet these requirements under 40 CFR 
part 58, including minimum monitoring requirements.\30\
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    \28\ According to 40 CFR part 50, Appendix N--Interpretation of 
the National Ambient Air Quality Standards for PM2.5, 
design values are ``the metrics (i.e., statistics) that are compared 
to the NAAQS levels to determine compliance, calculated as shown in 
section 4 of this appendix. . .''
    \29\ We have included copies of CARB's annual network plans for 
2019-2021 in the docket for this rulemaking.
    \30\ We have included our reviews of CARB's annual network plans 
and the correspondence transmitting these reviews in the docket for 
this rulemaking.
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    In accordance with 40 CFR 58.15, CARB certifies annually that the 
previous year's ambient concentration and quality assurance data are 
completely submitted to AQS and that the ambient concentration data are 
accurate, taking into consideration the quality assurance findings.\31\ 
Along with the certification letters, CARB submits a summary of the 
precision and accuracy data for all ambient air quality data.\32\
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    \31\ We have included CARB's annual data certifications for 
2019, 2020, and 2021 in the docket for this rulemaking.
    \32\ 40 CFR 58.15(c).
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    The design value report also includes a validity indicator (``Valid 
Ind.'') that reflects whether the design value is valid (i.e., 
calculated using data that meet the applicable completeness criteria). 
For the purposes of this proposal, we reviewed the data for the 2019--
2021 period for completeness and determined that the PM2.5 
data collected by CARB and the ICAPCD met the 75 percent completeness 
criterion for all 12 quarters at the Imperial County monitoring sites 
except for the PM2.5 data collected at the Brawley 
monitoring site.\33\ The Brawley monitor recorded less than 75 percent 
data capture during the 2nd quarter of 2021 (37 percent) due to monitor 
replacement. Because the data substitution test under 40 CFR part 50, 
Appendix N, section 4.1(c)(ii) requires each quarter to have data 
completeness of at least 50 percent, the Brawley 2021 data do not 
qualify for the data substitution test. The Brawley site has not 
historically been the 2012 annual PM2.5 design value site 
for the area. We assessed the long-term trends at the Brawley 
monitoring site and determined that the site has historically had 
design values below the annual PM2.5 NAAQS. During the 2012 
to 2021 period, the Brawley monitoring site consistently had lower 
design values for the 2012 annual PM2.5 NAAQS than the 
Calexico-Ethel monitoring site in Imperial County.\34\ Furthermore, the 
District exceeds the PM2.5 minimum monitoring requirements 
in the El Centro Metropolitan Statistical Area (MSA). Thus, based on 
the historical design value concentrations at the Brawley monitoring 
site relative to the 2012 annual PM2.5 NAAQS, we find that 
the incomplete data at the Brawley monitoring site should not preclude 
the EPA from determining the Imperial PM2.5 nonattainment 
area has attained the 2012 annual PM2.5 NAAQS.
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    \33\ AQS Design Value Report (AMP480), dated August 31, 2022 
(User ID: STSAI, Report Request ID: 2042550).
    \34\ Id.
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    Finally, the EPA conducts regular technical systems audits (TSAs) 
where we review and inspect state and local ambient air monitoring 
programs to assess compliance with applicable regulations concerning 
the collection, analysis, validation, and reporting of ambient air 
quality data. For the purposes of this proposal, we reviewed the 
findings from the EPA's most recent TSA of CARB's ambient air 
monitoring program.\35\ The results of the TSA do not preclude the EPA 
from determining that the Imperial PM2.5 nonattainment area 
has attained the 2012 annual PM2.5 NAAQS.
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    \35\ See letter dated February 3, 2020, from Elizabeth J. Adams, 
Director, Air Division, U.S. EPA Region IX, to Richard Corey, 
Executive Officer, CARB.
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    In summary, based on the relevant monitoring network plans, 
certifications, quality assurance data, and 2018 TSA, we propose to 
find that the PM2.5 data collected at the Imperial County 
monitoring sites are suitable for determining whether the Imperial 
PM2.5 nonattainment area attained the 2012 annual 
PM2.5 NAAQS by the applicable attainment date.

C. The EPA's Evaluation of Attainment

    Table 1 provides the PM2.5 design values at each of the 
three monitoring sites with the Imperial PM2.5 nonattainment 
area, expressed as a single design value representing the average of 
the annual mean values from the 2019-2021 period; the annual mean

[[Page 63755]]

for each individual year is also listed.\36\ The PM2.5 data 
show that the design values at the Imperial County monitoring sites 
were below the 2012 annual PM2.5 NAAQS of 12.0 [micro]g/
m\3\. The Brawley monitoring site recorded less than 75 percent data 
capture during the 2nd quarter of 2021 (37 percent) due to monitor 
replacement. As discussed in Section II.B above, based on the 
historical design value concentrations at the Brawley monitoring site 
relative to the 2012 annual PM2.5 NAAQS, we find that the 
incomplete data at the Brawley monitoring site should not preclude the 
EPA from determining the Imperial PM2.5 nonattainment area 
has attained the 2012 annual PM2.5 NAAQS. Consequently, the 
EPA proposes to determine based upon three years of complete, quality-
assured, and certified data from 2019 through 2021 that the Imperial 
PM2.5 nonattainment area has attained the 2012 annual 
PM2.5 NAAQS by its December 31, 2021 attainment date.
---------------------------------------------------------------------------

    \36\ AQS Design Value Report (AMP480), dated August 31, 2022 
(User ID: STSAI, Report Request ID: 2042550).

                                 Table 1--2019-2021 Annual PM2.5 Design Values for the Imperial PM2.5 Nonattainment Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Annual weighted mean ([micro]g/m\3\)
            Local site name               Site (AQS ID)  ---------------------------------------------------------------- 2019-2021 Annual design values
                                                               2019            2020                    2021                       ([micro]g/m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Calexico-Ethel.........................      06-025-0005            10.7            12.0  10.3..........................  11.0.
El Centro..............................      06-025-1003             7.9             9.8  8.4...........................  8.7.
Brawley................................      06-025-0007             8.3             9.4  7.8 (Inc).....................  8.5. (Inv) \a\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Based on the design value calculation methodologies described in 40 CFR part 50, Appendix N, section 4.1(b), the Brawley (AQS ID: 06-025-0007) 2019-
  2021 design value is considered invalid due to incomplete data in the 2nd quarter of 2021.
Source: EPA, Design Value Report, AMP480, dated August 31, 2022 (User ID: STSAI, Report Request ID: 2042550).
Notes: Inc = Incomplete data. Inv = Invalid design value due to incomplete data.

III. Clean Data Determination

    As described in section I.C. of this document, when an area has 
attained the relevant PM2.5 standard(s), the EPA may issue a 
CDD after notice and comment rulemaking determining that a specific 
area is attaining the relevant standard.\37\ Based on complete, 
quality-assured, and certified data for 2019-2021, the Imperial 
PM2.5 nonattainment area meets the 2012 annual 
PM2.5 standard.
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    \37\ See 40 CFR 51.1015.
---------------------------------------------------------------------------

    Preliminary data available in AQS for 2022 (January through June) 
indicate that the area continues to show concentrations consistent with 
attainment of the 2012 annual PM2.5 standard.\38\ 
Consequently, the EPA is proposing to issue a CDD.
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    \38\ AQS Design Value Report (AMP480), dated September 2, 2022 
(User ID: STSAI, Report Request ID: 2043042).
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    If we finalize this proposed CDD, the requirements for the State to 
submit an attainment demonstration, provisions demonstrating RACM 
(including RACT for stationary sources), an RFP plan, quantitative 
milestones and quantitative milestone reports, and contingency measures 
for the area will be suspended until such time as: (1) the area is 
redesignated to attainment, after which such requirements are 
permanently discharged; or, (2) the EPA determines that the area has 
re-violated the PM2.5 NAAQS, at which time the state shall 
submit such attainment plan elements for the moderate nonattainment 
area by a future date to be determined by the EPA and announced through 
publication in the Federal Register at the time the EPA determines the 
area is violating the PM2.5 NAAQS.
    A CDD does not suspend the requirements for an emissions inventory 
or for new source review. This action includes our proposed approval of 
the 2012 base year emissions inventory included in the attainment plan 
for the Imperial PM2.5 nonattainment area, submitted on July 
18, 2018.\39\ The EPA fully approved the District's new source review 
program as meeting CAA requirements on August 26, 2019.\40\
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    \39\ See Section IV of this rulemaking.
    \40\ 84 FR 44545.
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 IV. Analysis of 2012 Base Year Emissions Inventory

A. California's SIP Submittal for the 2012 PM2.5 Standard for the 
Imperial PM2.5 Nonattainment Area

    This rulemaking also addresses the 2012 base year emissions 
inventory included in the Imperial PM2.5 Plan, adopted by 
the District on April 24, 2018, and submitted to the EPA as a SIP 
revision on July 18, 2018.\41\
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    \41\ As provided in 40 CFR 51.1015, our clean data determination 
for the Imperial PM2.5 nonattainment area suspends 
requirements to submit an attainment demonstration, associated RACM, 
RFP plan, contingency measures, and other SIP revisions related to 
the attainment of the 2012 annual PM2.5 NAAQS, but does 
not suspend the requirement for a base year emissions inventory. 
Therefore, in conjunction with our proposed clean data determination 
for the Imperial PM2.5 nonattainment area, we are also 
proposing to approve the 2012 base year inventory submitted with the 
Imperial PM2.5 Plan.
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    Imperial County encompasses over 4,000 square miles in southeastern 
California. Its population is estimated to be approximately 180,000 
people, and its principal industries are farming and retail trade. It 
is bordered by Riverside County to the north, Arizona to the east, 
Mexico to the south, and San Diego County to the west. The Imperial 
Valley runs north-south through the central part of the County. Most of 
the County's population and industries exist within this relatively 
narrow land area, which extends about one-fourth the width of the 
County. The rest of Imperial County is primarily desert, with little or 
no human population. The Imperial PM2.5 nonattainment area, 
which encompasses 982.1 square miles, is located within this central 
portion of the County. It is bordered to the north by the southern end 
of the Salton Sea and extends south to the Mexico border. The 
nonattainment area encompasses the three most populous cities in the 
County (Brawley, El Centro, and Calexico), and includes most of 
Imperial County's residents. For a precise description of the 
geographic boundaries of the Imperial PM2.5 nonattainment 
area, see 40 CFR 81.305.

B. Public Notice, Public Hearing, and Completeness Requirements for SIP 
Submittals

    CAA sections 110(a)(1) and (2) and 110(l) require each state to 
provide reasonable public notice and opportunity for public hearing 
prior to the adoption and submittal of a SIP or SIP revision to the 
EPA. To meet this requirement, every SIP submittal should include 
evidence that adequate public notice was given and an opportunity for a 
public hearing was provided

[[Page 63756]]

consistent with the EPA's implementing regulations in 40 CFR 51.102.
    Both the District and the State satisfied applicable statutory and 
regulatory requirements for reasonable public notice and hearing prior 
to adoption and submittal of the Imperial PM2.5 Plan. The 
District provided a public comment period and held a public hearing 
prior to the adoption of the SIP submittal on April 24, 2018. CARB 
provided the required public notice and opportunity for public comment 
prior to its May 25, 2018 public hearing and adoption of the SIP 
submittal.\42\ The submittal includes proof of publication of notices 
for the respective public hearings. We find, therefore, that the 
Imperial PM2.5 Plan meets the procedural requirements for 
public notice and hearing in CAA sections 110(a) and 110(l).
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    \42\ CARB, ``Notice of Public Meeting to Consider the 
PM2.5 State Implementation Plan for Imperial County,'' 
April 27, 2018; and CARB Board Resolution 18-18, ``PM2.5 
State Implementation Plan for Imperial County,'' May 25, 2018.
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    CAA section 110(k)(1)(B) requires the EPA to determine whether a 
SIP submittal is complete within 60 days of receipt. This section of 
the CAA also provides that any plan that the EPA has not affirmatively 
determined to be complete or incomplete will become complete by 
operation of law six months after the date of submittal. The EPA's SIP 
completeness criteria are found in 40 CFR part 51, Appendix V. On March 
19, 2019, the EPA affirmatively found that the July 18, 2018 and 
October 29, 2019 submittals fulfill our completeness criteria.\43\
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    \43\ Letter dated March 19, 2019, from Elizabeth Adams, Air 
Division Director, EPA, Region IX, to Richard Corey, Executive 
Officer, CARB.
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C. Requirements for Emissions Inventories

    CAA section 172(c)(3) requires that each nonattainment plan SIP 
submittal include a comprehensive, accurate, current inventory of 
actual emissions from all sources of the relevant pollutant or 
pollutants in the nonattainment area. This base year emissions 
inventory should provide a state's best estimate of actual emissions 
from all sources of the relevant pollutants in the area, i.e., all 
emissions that contribute to the formation of a particular NAAQS 
pollutant. For the PM2.5 NAAQS, the base year inventory must 
include direct PM2.5 emissions, separately reported 
filterable and condensable PM2.5 emissions, and emissions of 
all chemical precursors to the formation of secondary PM2.5, 
i.e., NOX, SO2, VOC, and ammonia.\44\
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    \44\ 40 CFR 51.1008.
---------------------------------------------------------------------------

    A state's nonattainment plan SIP submittal must include 
documentation explaining how it calculated the emissions data. In 
estimating mobile source emissions, a state should use the latest 
emissions models and planning assumptions available at the time the SIP 
is developed. At the time the Imperial PM2.5 Plan was 
developed, the latest EPA-approved version of California's mobile 
source emission factor model for estimating tailpipe, brake and tire 
wear emissions from on-road mobile sources was EMFAC2014.\45\ A state 
is also required to use the EPA's ``Compilation of Air Pollutant 
Emission Factors'' (AP-42) road dust method for calculating re-
entrained road dust emissions from paved roads.46 47
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    \45\ 80 FR 77337 (December 14, 2015). EMFAC is short for 
EMission FACtor. The EPA announced the availability of the EMFAC2014 
model for use in state implementation plan development and 
transportation conformity in California on December 14, 2015. The 
EPA's approval of the EMFAC2014 emissions model for SIP and 
conformity purposes was effective on the date of publication of the 
notice in the Federal Register. On August 15, 2019, the EPA approved 
and announced the availability of EMFAC2017, the latest update to 
the EMFAC model for use by State and local governments to meet CAA 
requirements. 84 FR 41717.
    \46\ The EPA released an update to AP-42 in January 2011 that 
revised the equation for estimating paved road dust emissions based 
on an updated data regression that included new emission tests 
results. 76 FR 6328 (February 4, 2011). CARB used the revised 2011 
AP-42 methodology in developing on-road mobile source emissions; see 
https://www.arb.ca.gov/ei/areasrc/fullpdf/full7-9_2016.pdf.
    \47\ AP-42 is the EPA's Compilation of Air Pollutant Emission 
Factors. It has been published since 1972 as the primary source of 
the EPA's emission factor information. It contains emission factors 
and process information for more than 200 air pollution source 
categories. A source category is a specific industry sector or group 
of similar emitting sources. The emission factors have been 
developed and compiled from source test data, material balance 
studies, and engineering estimates.
---------------------------------------------------------------------------

D. Base Year Emissions Inventory in the Imperial PM2.5 Plan

    Summaries of the planning emissions inventories for direct 
PM2.5 and all PM2.5 precursors (NOX, 
SOX,\48\ VOC,\49\ and ammonia) and the documentation for the 
inventories for the Imperial PM2.5 nonattainment area are 
located in Chapter 3 of the Plan. More detailed emissions inventories 
for the Imperial PM2.5 nonattainment area are found in 
Appendix B of the Plan. A more in-depth discussion of the methodology 
used by CARB and the District to develop projected inventories for 
modeling is included in Appendix G to Appendix A of the Imperial 
PM2.5 Plan.
---------------------------------------------------------------------------

    \48\ The Imperial PM2.5 Plan generally uses ``sulfur 
oxides'' or ``SOX'' in reference to SO2 as a 
precursor to the formation of PM2.5. We use 
SOX and SO2 interchangeably throughout this 
notice.
    \49\ The Imperial PM2.5 Plan generally uses 
``reactive organic gasses'' or ``ROG'' in reference to VOC as a 
precursor to the formation of PM2.5. We use ROG and VOC 
interchangeably throughout this notice. See https://www.arb.ca.gov/ei/speciate/voc_rog_dfn_1_09.pdf.
---------------------------------------------------------------------------

    CARB and District staff worked together to develop the emissions 
inventories for the Imperial PM2.5 nonattainment area. The 
District worked with operators of larger stationary facilities in the 
nonattainment area to develop the stationary source emissions 
estimates. CARB staff developed the emissions inventories for both on-
road and off-road mobile sources.\50\ The responsibility for developing 
estimates for the areawide sources such as agricultural burning and 
paved road dust was shared by the District and CARB.
---------------------------------------------------------------------------

    \50\ EPA regulations refer to ``nonroad'' vehicles and engines 
whereas California Air Resources Board (CARB) regulations refer to 
``off-road'' vehicles and engines. These terms refer to the same 
types of vehicles and engines, and for the purposes of this action, 
we will be using CARB's chosen term, ``off-road,'' to refer to such 
vehicles and engines.
---------------------------------------------------------------------------

    The Imperial PM2.5 Plan includes annual average 
emissions inventories for the 2012 base year. The inventory includes 
emissions from stationary, areawide, and mobile sources.\51\ The 
District developed base year inventories for larger stationary sources 
using actual emissions reports prepared by facility operators. CARB and 
the District estimated emissions for smaller stationary sources by 
using various methodologies reported as an aggregated total. CARB 
developed the base year emissions inventory for areawide sources using 
the most recent models and methodologies.\52\ For the mobile source 
inventory, CARB used EMFAC2014 to estimate on-road motor vehicle 
emissions.\53\ CARB calculated re-entrained paved road dust emissions 
using a CARB methodology consistent with the EPA's AP-42 road dust 
methodology, and taking into account reductions from District Rules 
803, ``Carry Out and Track Out'' and 805, ``Paved and Unpaved Roads.'' 
\54\
---------------------------------------------------------------------------

    \51\ Section 3-7 of the Imperial PM2.5 Plan describes 
how county-wide emissions were allocated to the nonattainment area, 
which encompasses a portion of Imperial County. For example, 
geographical coordinates of stationary sources were used to 
determine if a source is located within the nonattainment area. 
Allocations of emissions from areawide sources were based on spatial 
surrogates such as paved road miles or human population.
    \52\ Imperial PM2.5 Plan, Chapter 3.
    \53\ Id. at 3-16.
    \54\ Id. at 3-10. Additional information regarding this 
methodology is available at https://www.arb.ca.gov/ei/areasrc/arbmiscprocunpaverddst.htm.
---------------------------------------------------------------------------

    Table 1 provides a summary of the annual average inventories in 
tons per day (tpd) of direct PM2.5 and PM2.5

[[Page 63757]]

precursors for the base year of 2012. For a detailed breakdown of the 
inventories, see Chapter 3 and Appendix B in the Imperial 
PM2.5 Plan.

  Table 1--Imperial Annual Average Emissions Inventory for Direct PM2.5 and PM2.5 Precursors for the 2012 Base
                                                      Year
                                                      [tpd]
----------------------------------------------------------------------------------------------------------------
                                   Direct PM2.5
            Category                                    NOX             SOX             VOC           Ammonia
----------------------------------------------------------------------------------------------------------------
Stationary Sources..............            0.55            1.54           0.000            0.96            1.19
Areawide Sources................           10.58            0.37            0.05            5.14           21.94
On-Road Mobile Sources..........            0.19            5.31            0.02            1.77            0.11
Off-Road Mobile Sources.........            0.98            6.98            0.21            4.03            0.00
                                 -------------------------------------------------------------------------------
    Totals......................           12.30           14.19            0.28           11.89           23.24
----------------------------------------------------------------------------------------------------------------
Source: Imperial PM2.5 Plan, Chapter 3, Table 3-8a.

E. The EPA's Evaluation

    The inventories in the Imperial PM2.5 Plan are based on 
the most current and accurate information available to the State and 
District at the time the Plan and its inventories were being developed, 
including the latest version of California's mobile source emissions 
model at that time, EMFAC2014. The inventories comprehensively address 
all source categories in the Imperial PM2.5 nonattainment 
area and were developed consistent with the EPA's inventory guidance. 
For these reasons, we are proposing to approve the 2012 base year 
emissions inventory in the Imperial PM2.5 Plan as meeting 
the requirements of CAA section 172(c)(3).

V. Environmental Justice Considerations

    Executive Order 12898 (59 FR 7629, February 16, 1994) requires that 
federal agencies, to the greatest extent practicable and permitted by 
law, identify and address disproportionately high and adverse human 
health or environmental effects of their actions on minority and low-
income populations. Additionally, Executive Order 13985 (86 FR 7009, 
January 25, 2021) directs federal government agencies to assess 
whether, and to what extent, their programs and policies perpetuate 
systemic barriers to opportunities and benefits for people of color and 
other underserved groups, and Executive Order 14008 (86 FR 7619, 
February 1, 2021) directs federal agencies to develop programs, 
policies, and activities to address the disproportionate health, 
environmental, economic, and climate impacts on disadvantaged 
communities.
    To identify environmental burdens and susceptible populations in 
underserved communities in the Imperial PM2.5 nonattainment 
area and to better understand the context of the DAAD, the CDD, and our 
proposed approval of the emissions inventory on these communities, we 
conducted a screening-level analysis using the EPA's environmental 
justice (EJ) screening and mapping tool (``EJSCREEN'').\55\ Our 
screening-level analysis indicates that communities affected by this 
action score above the national average for the EJSCREEN ``Demographic 
Index,'' which is the average of an area's percent minority and percent 
low income populations, i.e., the two demographic indicators explicitly 
named in Executive Order 12898.\56\ These communities also score above 
the national average for the ``linguistically isolated population,'' 
and ``population with less than high school education'' indicators. 
Although the area is attaining the PM2.5 NAAQS, because 
almost all areas across the U.S. are also attaining the NAAQS (many by 
a wider margin), communities within the Imperial PM2.5 
nonattainment area score above the national average for the 
PM2.5 EJ index. These communities also score above the 
national average for other EJ Index indicators, including the 
respiratory hazard EJ Index.
---------------------------------------------------------------------------

    \55\ EJSCREEN provides a nationally consistent dataset and 
approach for combining environmental and demographic indicators. 
EJSCREEN is available at https://www.epa.gov/ejscreen/what-ejscreen. 
The EPA used EJSCREEN to obtain environmental and demographic 
indicators representing the Imperial PM2.5 nonattainment 
area, the City of Calexico, which measures the highest levels of 
PM2.5 in the nonattainment area, and the City of El 
Centro. These indicators are included in EJSCREEN reports that are 
available in the rulemaking docket for this action.
    \56\ EJSCREEN reports environmental indicators (e.g., air toxics 
cancer risk, Pb paint exposure, and traffic proximity and volume) 
and demographic indicators (e.g., people of color, low income, and 
linguistically isolated populations). The score for a particular 
indicator measures how the community of interest compares with the 
state, the EPA region, or the national average. For example, if a 
given location is at the 95th percentile nationwide, this means that 
only five percent of the US population has a higher value than the 
average person in the location being analyzed. EJSCREEN also reports 
EJ indexes, which are combinations of a single environmental 
indicator with the EJSCREEN Demographic Index. For additional 
information about environmental and demographic indicators and EJ 
indexes reported by EJSCREEN, see EPA, ``EJSCREEN Environmental 
Justice Mapping and Screening Tool--EJSCREEN Technical 
Documentation,'' section 2 (September 2019).
---------------------------------------------------------------------------

    As discussed in the EPA's EJ technical guidance, people of color 
and low-income populations, such as those in Imperial County, often 
experience greater exposure and disease burdens than the general 
population, which can increase their susceptibility to adverse health 
effects from environmental stressors.\57\ Underserved communities may 
have a compromised ability to cope with or recover from such exposures 
due to a range of physical, chemical, biological, social, and cultural 
factors.\58\
---------------------------------------------------------------------------

    \57\ EPA, ``Technical Guidance for Assessing Environmental 
Justice in Regulatory Analysis,'' section 4 (June 2016).
    \58\ Id. Section 4.1.
---------------------------------------------------------------------------

    Notwithstanding the EJ concerns highlighted by the results of the 
EJSCREEN analysis, because monitoring data indicate the area has 
attained the annual PM2.5 NAAQS, we do not believe this 
proposed action will have disproportionately high and adverse human 
health or environmental effects on minority populations and low-income 
populations. This DAAD, when finalized, will fulfill the EPA's 
statutory obligation under CAA section 179(c)(1) to determine whether 
the Imperial PM2.5 nonattainment area attained the NAAQS by 
the attainment date. Our final action on the base year emissions 
inventory will fulfill our statutory obligation to act on SIP 
submittals under section 110(k)(3).
    If we finalize our proposed CDD, requirements related to achieving 
attainment of the 2012 annual PM2.5 NAAQS will be suspended, 
as set forth in 40 CFR 51.1015. Because the area has attained the 
standard, such requirements are not necessary for timely attainment of 
the NAAQS. However, if prior to a potential future redesignation to 
attainment, we determine the Imperial PM2.5 nonattainment 
area subsequently violates the NAAQS, we will rescind the

[[Page 63758]]

CDD and require the area to submit a SIP that addresses the pertinent 
requirements.\59\
---------------------------------------------------------------------------

    \59\ See the PM2.5 Implementation Rule, 81 FR 58010, 
58128.
---------------------------------------------------------------------------

    Notwithstanding the suspension of certain attainment-related 
requirements, all requirements adopted into the SIP prior to attainment 
will remain in place.\60\ For example, the PM2.5 emissions 
inventory in Imperial County is dominated by dust. Together, unpaved 
road dust, fugitive windblown dust, and dust from farming operations 
account for about 76 percent of the 2012 emissions inventory. Dust from 
mineral processes contributes about 3 percent, construction and 
demolition activities contribute another 1.44 percent, and dust from 
paved roads another 1 percent.\61\ These sources are controlled by 
Imperial County's Regulation VIII, which the EPA previously approved as 
meeting best available control technology measure (BACM) levels of 
control for PM10.\62\ Regulation VIII will remain in place 
and will continue to control emissions that contribute to ambient 
PM2.5.
---------------------------------------------------------------------------

    \60\ Id.
    \61\ Imperial PM2.5 Plan, Chapter 3.
    \62\ 75 FR 39366 (July 8, 2010) and 78 FR 23677 (April 22, 
2013).
---------------------------------------------------------------------------

    The EPA notes that there are other efforts underway to reduce 
environmental burdens in Imperial County. The Imperial PM2.5 
nonattainment area borders Mexico, and the United States and Mexico 
have long recognized the environmental challenges near the border and 
share the goal of protecting the environment and public health 
throughout the U.S.-Mexico border region. The two nations have been 
working together outside the framework of the SIP process to make 
progress towards those goals.
    The U.S.-Mexico Environmental Program (``Border 2025'') is a five-
year (2021-2025) binational effort designed ``to protect the 
environment and public health in the U.S.-Mexico border region, 
consistent with the principles of sustainable development.'' \63\ 
Border 2025 is the latest of a series of cooperative efforts 
implemented under the 1983 La Paz Agreement. It builds on previous 
binational efforts (i.e., the Border 2012 and Border 2020 Environmental 
Programs), emphasizing regional, bottom-up approaches for decision 
making, priority setting, and project implementation to address the 
environmental and public health problems in the border region. As in 
the previous two border programs, Border 2025 encourages meaningful 
participation from communities and local stakeholders and establishes 
guiding principles that will support the mission statement, ensure 
consistency among all aspects of the Border 2025 Program, and continue 
successful elements of previous binational environmental programs.
---------------------------------------------------------------------------

    \63\ ``Border 2025: United States--Mexico Environmental 
Program,'' included in this docket and accessible at https://www.epa.gov/sites/default/files/2021-05/documents/final_us_mx_border_2025_final_may_6.pdf.
---------------------------------------------------------------------------

    Border 2025 sets out four strategic goals, including the reduction 
of air pollution and the improvement of water quality, to address 
environmental and public health challenges in the border region. Within 
the goals are specific objectives that identify actions that will be 
taken in support of the program's mission. The goals and objectives 
were determined binationally between the EPA and the Ministry of 
Environment and Natural Resources of Mexico (SEMARNAT) to address 
ongoing environmental challenges and considered input from state and 
tribal partners. The ``California[hyphen]Baja California 2021-2023 
Border 2025 Action Plan'' lists and describes the projects that are 
being undertaken to achieve the goals and objectives of Border 2025, 
along with the target outputs, expected results, and status of each 
action.\64\
---------------------------------------------------------------------------

    \64\ The ``California[hyphen]Baja California 2019-2020 Border 
2020 Action Plan'' is included in the docket for this action and is 
accessible online at https://www.epa.gov/usmexicoborder/region-9-action-plansplanes-de-accion-de-region-9.
---------------------------------------------------------------------------

    In addition to the ongoing efforts under the Border 2025 agreement, 
in 2020, the EPA awarded the ICAPCD $3,350,371 to pave 3.5 miles of 
residential alleyways in the downtown core of the City of Calexico to 
reduce PM2.5 and PM10.\65\ The EPA subsequently 
awarded the ICAPCD an additional $3,485,940 to pave 2.5 miles of 
residential alleyways in the City of El Centro. The resulting 
reductions of particulate emissions will relieve some of the cumulative 
burden on disadvantaged communities in the Imperial PM2.5 
nonattainment area.
---------------------------------------------------------------------------

    \65\ A list of the Targeted Airshed Grants the EPA awarded in 
fiscal years 2015-2021 is accessible online at https://www.epa.gov/air-quality-implementation-plans/targeted-airshed-grant-recipients. 
These EPA grants support projects to reduce emissions in areas 
facing the highest levels of ground-level ozone and 
PM2.5.
---------------------------------------------------------------------------

VI. Proposed Action

    For the reasons discussed in this document, the EPA is proposing to 
determine that the Imperial PM2.5 nonattainment area 
attained the 2012 annual PM2.5 NAAQS by its December 31, 
2021 attainment date. This action, when finalized, will fulfill the 
EPA's statutory obligation to determine whether the Imperial 
PM2.5 nonattainment area attained the NAAQS by the 
attainment date.
    As provided in 40 CFR 51.1015, we are also proposing a CDD. If the 
EPA finalizes this proposal, the requirements for this area to submit 
an attainment demonstration, associated RACM, RFP plan, contingency 
measures, and any other SIP revisions related to the attainment of the 
2012 annual PM2.5 NAAQS, will be suspended so long as this 
area continues to meet the standard. This CDD does not constitute a 
redesignation to attainment. The Imperial PM2.5 
nonattainment area will remain designated nonattainment for the 2012 
annual PM2.5 NAAQS until such time as the EPA determines, 
pursuant to sections 107 and 175A of the CAA, that the Imperial 
PM2.5 nonattainment area meets the CAA requirements for 
redesignation to attainment, including an approved maintenance plan 
showing that the area will continue to meet the standard for 10 years.
    We are also proposing to approve the Imperial PM2.5 
Plan's 2012 base year emissions inventory as meeting the requirements 
of CAA section 172(c)(3). As authorized in section 110(k)(3) of the 
Act, the EPA is proposing to approve the submitted base year emissions 
inventory because we believe it fulfills all relevant requirements.
    As described in Section I.B of this document, the EPA's finding of 
failure to submit triggered an obligation for the EPA to issue a FIP. 
The District and CARB ultimately fulfilled their obligation to submit a 
plan, but because the EPA has not issued a final approval of the 
Imperial PM2.5 Plan and because the nonattainment plan 
requirements continue to apply, our obligation to promulgate a FIP 
remains in place. If the EPA finalizes this proposed CDD, the 
District's and State's nonattainment planning obligations, except the 
requirement for a base year emissions inventory and new source review, 
will be suspended.\66\ If, in addition to making a CDD, we finalize our 
proposed approval of the base year emissions inventory, the EPA's FIP 
obligation will be suspended until such time as the CDD is 
rescinded.\67\
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    \66\ See Section I.D. of this document.
    \67\ On August 26, 2019, the EPA approved Imperial County APCD's 
amended Rule 207, ``New and Modified Stationary Source Review'' as 
meeting applicable CAA requirements for New Source review. 84 FR 
44545.
---------------------------------------------------------------------------

    The EPA is soliciting public comments on the issues discussed in 
this document. We will accept comments from the public on this proposal 
until November 21, 2022 and

[[Page 63759]]

will consider comments before taking final action.

VII. Statutory and Executive Order Reviews

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 rule does not impose any new information collection burden 
under the PRA not already approved by the Office of Management and 
Budget. This action proposes to find that the Imperial PM2.5 
nonattainment area attained the 2012 PM2.5 NAAQS by the 
applicable attainment date, proposes to determine the area has clean 
data, and proposes to approve the base year emissions inventory. Thus, 
the proposed action does not establish any new information collection 
burden that has not already been identified and approved in the EPA's 
information collection request.

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. The proposed 
approval of the emissions inventory, the DAAD, and the CDD for the 2012 
PM2.5 NAAQS does not in and of itself create any new 
requirements beyond what is mandated by the CAA. Instead, this 
rulemaking only makes factual determinations, and does not directly 
regulate any entities.

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 imposes no enforceable duty on any 
state, local or tribal governments or the private sector.

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 and tribes, or on the 
distribution of power and responsibilities among the various levels of 
government. The division of responsibility between the Federal 
Government and the states for the purposes of implementing the NAAQS is 
established under the CAA.

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

    This action does not have tribal implications. It will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. There are no tribes 
affected by 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 not concern an environmental 
health risk or safety risk.

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 (E.O.) 12898 (59 FR 7629 (Feb. 16, 1994)) 
establishes federal executive policy on environmental justice. Its main 
provision directs federal agencies, to the greatest extent practicable 
and permitted by law, to make environmental justice part of their 
mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States. The EPA's 
evaluation of this issue is contained in the section of the preamble 
titled ``Environmental Justice Considerations.''

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Nitrogen oxides, Particulate matter, 
Reporting and recordkeeping requirements, and Volatile organic 
compounds.

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

    Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-22191 Filed 10-19-22; 8:45 am]
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