[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Rules and Regulations]
[Pages 1515-1517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28278]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2022-0745; FRL-10211-02-R9]


Determination of Attainment by the Attainment Date, Clean Data 
Determination, and 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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is determining 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 standards (NAAQS or ``standard'') by its 
December 31, 2021 ``Moderate'' area attainment date. This determination 
is based upon ambient air quality monitoring data from 2019 through 
2021. We are also making 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. As a result of this CDD, 
certain Clean Air Act (CAA) requirements that apply to the Imperial 
County Air Pollution Control District (ICAPCD or ``District'') are 
suspended for so long as the area continues to meet the 2012 annual 
PM2.5 NAAQS. The area remains nonattainment for the 2012 
annual PM2.5 NAAQS until the area is redesignated to 
attainment. The EPA is also approving a revision to California's state 
implementation plan (SIP) consisting of the 2012 base year emissions 
inventory for the Imperial PM2.5 nonattainment area, 
submitted by the California Air Resources Board (CARB or ``State'') on 
July 18, 2018.

DATES: This rule is effective February 10, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0745. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office 
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105, 
(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. Summary of the Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews

I. Summary of the Proposed Action

    For the reasons discussed in the proposed rulemaking, the EPA 
proposed to determine that the Imperial PM2.5 nonattainment 
area attained the 2012 annual PM2.5 NAAQS by its December 
31, 2021 attainment date. We explained that, if finalized, this action 
would 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 also proposed a CDD. We noted 
that if the EPA finalized the proposal, the requirements for this area 
to submit an attainment demonstration, associated reasonably available 
control measures (RACM), reasonable further progress (RFP) plan, 
contingency measures, and any other SIP revisions related to the 
attainment of the 2012 annual PM2.5 NAAQS, would be 
suspended so long as the Imperial PM2.5 nonattainment area 
continues to meet the standard. We also explained that a CDD does not 
constitute a redesignation to attainment, and that 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.
    Finally, we proposed to approve the 2012 base year emissions 
inventory submitted by the State on July 18, 2018, as part of the 
``Imperial County 2018 Annual Particulate Matter Less Than 2.5 Microns 
In Diameter State Implementation Plan,'' (``Imperial PM2.5 
Plan''), as meeting the requirements of CAA section 172(c)(3). As 
authorized in section 110(k)(3) of the Act, the EPA proposed to approve 
the submitted base year emissions inventory because we believe it 
fulfills all relevant requirements.
    As described in Section I.B of the proposal, the EPA's May 7, 2018 
finding of failure to submit triggered an obligation for the EPA to 
issue a federal implementation plan (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 continued to 
apply, our obligation to promulgate a FIP remained in place. We noted 
that if we finalized the proposed CDD, the District's and State's 
nonattainment planning obligations, except the requirement for a base 
year emissions inventory and new source review, would be suspended.\1\ 
If, in addition to making a CDD, we were to finalize our proposed 
approval of the base year emissions inventory, the EPA's FIP obligation 
would be suspended until such time as the CDD is rescinded.\2\
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    \1\ See Section I.D. of the proposed rulemaking.
    \2\ On August 26, 2019, the EPA approved ICAPCD's amended Rule 
207, ``New and Modified Stationary Source Review'' as meeting 
applicable CAA requirements for New Source Review. 84 FR 44545.
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    Please see our proposed rulemaking for more information concerning 
the background for this action and for a

[[Page 1516]]

more detailed discussion of the rationale for these actions.

II. Public Comment

    The public comment period on the proposed rulemaking opened on 
September 20, 2022, the date of its publication in the Federal 
Register, and closed on November 21, 2022. We received one non-germane 
public comment, which is posted in the docket for this action.

III. Final Action

    For the reasons discussed in detail in the proposed rulemaking and 
summarized herein, the EPA is taking final action under CAA sections 
179(c)(1) and 188(b)(2) 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 fulfills the EPA's 
statutory obligation under CAA sections 179(c)(1) and 188(b)(2) to 
determine whether the Imperial PM2.5 nonattainment area 
attained the NAAQS by the attainment date.
    Preliminary data available in EPA's Air Quality System (AQS) for 
2022 (January through June) indicate that the area continues to show 
concentrations consistent with attainment of the 2012 annual 
PM2.5 standard; therefore, as provided in 40 CFR 51.1015, we 
are also finalizing our CDD.\3\ Consequently, 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.
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    \3\ AQS Design Value Report (AMP480), dated December 6, 2022 
(User ID: STSAI Report Request ID: 2061805).
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    We are also approving 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 approving the submitted base year emissions inventory based on 
our determination that it fulfills all relevant requirements.
    As described in Section I.B of proposed rulemaking, the EPA's May 
7, 2018 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 had not issued a final 
approval of the Imperial PM2.5 Plan and because the 
nonattainment plan requirements continued to apply, our obligation to 
promulgate a FIP remained in place. As a result of this CDD, the 
District's and State's nonattainment planning obligations, except the 
requirement for a base year emissions inventory and new source review, 
are suspended.\4\ In addition, as a result of our approval of the base 
year emissions inventory and our previous new source review approval, 
the EPA's FIP obligation will be suspended until such time as the EPA 
determines that the area has reviolated the PM2.5 NAAQS and 
rescinds the CDD.
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    \4\ See Section I.D. of the proposed rulemaking.
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IV. 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 finds that the Imperial PM2.5 
nonattainment area attained the 2012 PM2.5 NAAQS by the 
applicable attainment date, determines the area has clean data, and 
approves the base year emissions inventory. Thus, this 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 approval 
of the emissions inventory, the determination that the Imperial 
PM2.5 nonattainment area attained by its attainment date, 
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.

[[Page 1517]]

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 to 
the proposed rule titled ``Environmental Justice Considerations.''

K. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability. The rule makes factual determinations for specific 
entities and does not directly regulate any entities. The determination 
of attainment, clean data determination, and emission inventory 
approval do not in themselves create any new requirements beyond what 
is mandated by the CAA.

L. Judicial Review

    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 March 13, 2023. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, 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: December 21, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

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

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(593) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (593) The following plan was submitted on July 18, 2018, by the 
Governor's designee, as an attachment to a letter dated July 16, 2018.
    (i) [Reserved]
    (ii) Additional materials. (A) Imperial County Air Pollution 
Control District.
    (1) ``Imperial County 2018 Annual Particulate Matter Less Than 2.5 
Microns In Diameter State Implementation Plan,'' adopted April 24, 
2018, Chapter 3 (``Emissions Inventory'') excluding: Table 3-9a 
(``Direct PM2.5 and PM2.5 Precursor Emissions by 
Major Source Category in the Imperial County PM2.5 
Nonattainment Area, 2019 (Annual)''); Table 3-9b (``Condensible and 
Filterable PM2.5 Emissions by Major Source Category in the 
Imperial County PM2.5 Nonattainment Area, 2019 (Annual)''); 
Table 3-10a (``Direct PM2.5 and PM2.5 Precursor 
Emissions by Major Source Category in the Imperial County 
PM2.5 Nonattainment Area, 2021 (Annual)''); Table 3-10b 
(``Condensible and Filterable PM2.5 Emissions by Major 
Source Category in the Imperial County PM2.5 Nonattainment 
Area, 2021 (Annual)''); Table 3-11a (``Direct PM2.5 and 
PM2.5 Precursor Emissions by Major Source Category in the 
Imperial County PM2.5 Nonattainment Area, 2022 (Annual)''); 
Table 3-11b (``Condensible and Filterable PM2.5 Emissions by 
Major Source Category in the Imperial County PM2.5 
Nonattainment Area, 2022 (Annual)''); and Section 3.17 (``Evaluation of 
Significant Precursors'').
    (2) [Reserved]
    (B) [Reserved]

0
3. Section 52.247 is amended by adding paragraph (q) to read as 
follows:


Sec.  52.247  Control strategy and regulations: Fine Particle Matter.

* * * * *
    (q) Determination of attainment. Effective February 10, 2023, the 
EPA has determined that, based on 2019 to 2021 ambient air quality 
data, the Imperial County PM2.5 nonattainment area has 
attained the 2012 annual PM2.5 NAAQS. Under the provisions 
of the EPA's PM2.5 implementation rule (see 40 CFR 51.1015), 
this determination suspends the requirements for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment for as long as this area 
continues to attain the 2012 annual PM2.5 NAAQS. If the EPA 
determines, after notice-and-comment rulemaking, that this area no 
longer meets the 2012 annual PM2.5 NAAQS, the corresponding 
determination of attainment for that area shall be withdrawn.

[FR Doc. 2022-28278 Filed 1-10-23; 8:45 am]
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