
[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)]
[Rules and Regulations]
[Pages 13392-13398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04780]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0772; FRL-9958-21-Region 9]


Determination of Attainment and Approval of Base Year Emissions 
Inventories for the Imperial County, California Fine Particulate Matter 
Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is determining that 
the Imperial County, California Moderate nonattainment area (``the 
Imperial County NA'') has attained the 2006 24-hour fine particulate 
matter (PM2.5) national ambient air quality standard (NAAQS 
or ``standard''). This determination, also known as a clean data 
determination (CDD), is based upon complete, quality-assured, and 
certified ambient air monitoring data showing that the area has 
monitored attainment of the 2006 24-hour PM2.5 NAAQS based 
on the 2013-2015 data available in the EPA's Air Quality System 
database. As a consequence of this determination of attainment, certain 
Clean Air Act (CAA) requirements that apply to the Imperial County Air 
Pollution Control District (ICAPCD or ``District'') shall be suspended 
for so long as the area continues to meet the 2006 24-hour 
PM2.5 NAAQS. The area remains nonattainment for the 2012 
annual PM2.5 NAAQS. The EPA is also approving a revision to 
California's state implementation plan (SIP) consisting of the 2008 
emissions inventory for the Imperial County NA submitted by the 
California Air Resources Board (CARB or ``State'') on January 9, 2015. 
This action is being taken under the CAA. Elsewhere in this issue of 
the Federal Register, we are proposing approval and soliciting written 
comment on these actions. If we receive adverse comments on this direct 
final rule that result in withdrawal of the entire rule or any part(s) 
of it, we will address those comments when we finalize the proposal. 
The EPA does not plan to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

[[Page 13393]]


DATES: This rule is effective on May 12, 2017 without further notice, 
unless the EPA receives adverse comments by April 12, 2017. If we 
receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this direct final rule will 
not take effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2016-0772, at http://www.regulations.gov, or via email to 
Vagenas.Ginger@epa.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. For either 
manner of submission, 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 
EPA's full public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 415-
972-3964, Vagenas.Ginger@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' mean EPA.

Table of Contents

I. Background for the EPA's Proposed Action
II. Clean Data Determination
III. Analysis of Emissions Inventories
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background for the EPA's Proposed Action

    On July 18, 1997, the EPA established NAAQS for particles less than 
or equal to 2.5 micrometers ([mu]m) in diameter (PM2.5), 
including an annual standard of 15.0 micrograms per cubic meter ([mu]g/
m\3\) based on a 3-year average of annual mean PM2.5 
concentrations, and a 24-hour (daily) standard of 65 [mu]g/m\3\ based 
on a 3-year average of 98th percentile 24-hour PM2.5 
concentrations.\1\ Effective December 18, 2006, the EPA revised the 
PM2.5 standard by lowering the level of the 24-hour 
PM2.5 standard to 35 [mu]g/m\3\ (``2006 PM2.5 
standard'') but retained the annual standard at 15 [mu]g/
m\3\.2 3
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    \1\ 62 FR 36852 (July 18, 1997) and 40 CFR 50.7.
    \2\ 71 FR 61144 (October 17, 2006).
    \3\ Effective March 18, 2013, the EPA strengthened the primary 
annual PM2.5 NAAQS by lowering the level to 12.0 [mu]g/
m\3\ while retaining the secondary annual PM2.5 NAAQS at 
the level of 15.0 [mu]g/m\3\. 78 FR 3086 (January 15, 2013) and 40 
CFR 50.18.
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    Following promulgation of a new or revised NAAQS, the EPA is 
required under CAA section 107(d) to designate areas throughout the 
nation as attaining or not attaining the NAAQS. On January 5, 2005, the 
EPA published initial air quality designations for the 1997 annual and 
24-hour PM2.5 NAAQS.\4\ We designated Imperial County as 
``Unclassifiable/Attainment'' for both the 1997 annual and 24-hour 
PM2.5 standards under subpart 1 of the CAA. We subsequently 
designated a portion of Imperial County as nonattainment under subpart 
1 of the CAA for the 2006 24-hour standard effective December 13, 2009 
(74 FR 58688, November 13, 2009).\5\
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    \4\ 70 FR 944 (January 5, 2005).
    \5\ In 2015, the EPA designated a portion of Imperial County 
nonattainment for the 2012 annual PM2.5 NAAQS. The CDD 
that is the subject of this direct final rule pertains only to the 
2006 24-hour PM2.5 standard. The area remains 
nonattainment for the 2012 annual PM2.5 standard. See 80 
FR 2206 (January 15, 2015).
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    On June 2, 2014 (79 FR 31566), in response to a decision by the 
United States Court of Appeals for the District of Columbia, the EPA 
published a final rule classifying all areas then designated 
nonattainment for the 1997 and/or 2006 PM2.5 standards as 
``Moderate'' under subpart 4 and establishing a deadline of December 
31, 2014 for states to submit any attainment-related SIP elements 
required for these areas pursuant to subpart 4.\6\ The EPA provided its 
rationale for these actions in both the proposed and final 
classification/deadline rule.\7\
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    \6\ In April 2007, the EPA issued an implementation rule to 
assist states with the development of SIP submissions to meet 
attainment planning requirements of the 1997 standards (the ``2007 
PM2.5 Implementation Rule''). 72 FR 20583 (April 25, 
2007). The EPA premised the 2007 PM2.5 Implementation 
Rule on its interpretation that nonattainment areas for the 
PM2.5 standards were subject solely to the general 
nonattainment plan requirements of subpart 1, part D of title 1 of 
the CAA (``subpart 1''). On January 4, 2013, the D.C. Circuit Court 
of Appeals issued its decision in a challenge to our 2007 
PM2.5 implementation rule. See NRDC v. EPA, 706 F.3d 428 
(D.C. Cir. 2013). In NRDC, the court held that the EPA erred in 
implementing the 1997 PM2.5 standard pursuant only to the 
general implementation requirements of subpart 1, rather than also 
to the implementation requirements specific to particulate matter in 
subpart 4, part D of title 1 of the CAA (``subpart 4''). The court 
remanded the rule and instructed the EPA ``to repromulgate these 
rules pursuant to Subpart 4 consistent with this opinion.'' This 
reasoning applies to all PM2.5 standards.
    \7\ See 78 FR 69806, 69809 (November 21, 2013) and 79 FR 31566, 
31568 (June 2, 2014).
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    Under EPA's longstanding Clean Data Policy, EPA may issue a 
determination of attainment after notice and comment rulemaking 
determining that a specific area is attaining the relevant 
standard.8 9 The effect of a CDD is to suspend the 
requirement for the area to submit an attainment demonstration, 
reasonably available control measures (RACM), a reasonable further 
progress (RFP) plan, contingency measures, and any other planning 
requirements related to attainment for as long as the area continues to 
attain the standard.
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    \8\ ``Clean Data Policy for the Fine Particle National Ambient 
Air Quality Standards,'' Memorandum from Stephen D. Page, December 
14, 2004.
    \9\ In a separate action mandated by CAA section 188(b)(2), the 
EPA has proposed to determine that Imperial County attained the 2006 
24-hour PM2.5 standard by the applicable attainment 
deadline of December 31, 2015. See 81 FR 91088 (December 16, 2016). 
A determination that an area has attained by the applicable 
attainment date does not constitute a redesignation to attainment.
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    The EPA issued the Fine Particulate Matter National Ambient Air 
Quality Standards: State Implementation Plan Requirements on July 29, 
2016 (effective October 24, 2016).\10\ In that rule, the EPA reaffirmed 
the Clean Data Policy at 40 CFR 51.1015, as follows:
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    \10\ 81 FR 58010 (August 24, 2016).

    Upon a determination by EPA that a moderate PM2.5 
nonattainment area has attained the PM2.5 NAAQS, the 
requirements for the state to submit an attainment demonstration, 
provisions demonstrating that reasonably available control measures 
(including reasonably available control technology for stationary 
sources) shall be implemented no later than 4 years following the 
date of designation of the area, reasonable further progress plan, 
quantitative milestones and quantitative milestone reports, and 
contingency measures for the area shall be suspended until such time 
as: (1) The area is redesignated to attainment, after which such 
requirements are permanently discharged; or, (2) 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 EPA 
and announced through publication in the Federal Register at the 
time EPA determines the area is violating the PM2.5 
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NAAQS. See 40 CFR 51.1015.

    A CDD does not suspend the requirements for an emissions inventory 
or new source review.\11\
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    \11\ On December 8, 2016, the EPA proposed action on three rules 
that update the ICAPCD's NSR program. Specifically, we have proposed 
to fully approve Rules 204 (Applications) and 206 (Processing of 
Applications), and proposed a limited approval/limited disapproval 
of Rule 207 (New and Modified Stationary Source Review). We expect 
this proposed action to be published in the Federal Register in the 
near future. Today's action includes our proposed approval of the 
emissions inventories included in the attainment plan for the 
Imperial County NA submitted on January 9, 2015. See Section III 
below.

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[[Page 13394]]

II. Clean Data Determination

A. Criteria for Determining Attainment

    Under EPA regulations in 40 CFR part 50, section 50.18 and in 
accordance with appendix N, the 2006 24-hour PM2.5 standard 
is met when the design value is less than or equal to 35 [mu]g/m\3\ 
(based on the rounding convention in 40 CFR part 50, appendix N) at 
each eligible monitoring site within the area.\12\ 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. A 
determination of whether an area's air quality currently meets the 
PM2.5 NAAQS is generally based upon the most recent three 
years of complete, quality-assured data gathered at established State 
and Local Air Monitoring Stations (SLAMS) in a nonattainment area and 
entered into the EPA's Air Quality System (AQS) database.\13\ Data from 
ambient air monitors operated by state/local agencies in compliance 
with the EPA monitoring requirements must be submitted to AQS. 
Monitoring agencies annually certify that these data are accurate to 
the best of their knowledge. Accordingly, the EPA relies primarily on 
data in AQS when determining the attainment status of areas.\14\
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    \12\ The 24-hour PM2.5 standard design value is the 
3-year average of annual 98th percentile 24-hour average values 
recorded at each eligible monitoring site, and the 2006 24-hour 
PM2.5 NAAQS is met when the 24-hour standard design value 
at each monitoring site is less than or equal to 35 [mu]g/m\3\.
    \13\ AQS is the EPA's repository of ambient air quality data.
    \14\ See 40 CFR 50.7; 40 CFR part 50, appendix L; 40 CFR part 
53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D, and E.
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B. Monitoring Network and Data Considerations

    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 County NA. Annually, CARB and the 
ICAPCD submit monitoring network plans to the EPA. These plans discuss 
the status of the air monitoring network as required under 40 CFR part 
58. The EPA reviews these annual network plans for compliance with the 
applicable reporting requirements in 40 CFR 58.10. With respect to 
PM2.5, we have found that the annual network plans submitted 
by CARB and the ICAPCD meet the applicable requirements under 40 CFR 
part 58.\15\ Furthermore, we concluded in our Technical System Audit 
Report of CARB's and ICAPCD's ambient air quality monitoring program 
that the ambient air monitoring network currently meets or exceeds the 
requirements for the minimum number of monitoring sites designated as 
SLAMS for PM2.5 in the Imperial County NA.\16\ CARB annually 
certifies that the data it submits to AQS are quality-assured.\17\
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    \15\ See, e.g., letter from Meredith Kurpius, Manager, Air 
Quality Analysis Office, U.S. EPA Region IX, to Brad Poiriez, Air 
Pollution Control Officer, ICAPCD, dated October 24, 2014.
    \16\ See, e.g., letter from Elizabeth J. Adams, Acting Director, 
Air Division, U.S. EPA Region IX, to Richard Corey, Executive 
Officer, CARB, dated August 31, 2016.
    \17\ See, e.g., letter from Ravi Ramalingam, Chief, Consumer 
Products and Air Quality Assessment Branch, CARB, to Elizabeth 
Adams, Director, Air Division, U.S. EPA Region IX, dated May 10, 
2016.
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    During the 2013-2015 period, CARB and ICAPCD operated three SLAMS 
within the Imperial County NA; all three sites are located in the 
southern portion of Imperial County. The Calexico-Ethel monitoring site 
is operated by CARB and is located approximately 0.7 miles north of the 
United States-Mexico border. The Calexico-Ethel monitoring site is the 
design value site for PM2.5 and the only violating SLAMS in 
Imperial County. ICAPCD operates two additional SLAMS: the Brawley 
monitoring site, located in the City of Brawley, 9 miles north of the 
border, and the El Centro monitoring site, located in the City of El 
Centro, 22 miles north of the border.
    For the purposes of this proposed action, we reviewed the data for 
the most recent three-year period (2013-2015) for completeness and 
determined that the data collected by CARB and the ICAPCD meet the 
completeness criterion for all 12 quarters at PM2.5 
monitoring sites in the Imperial County NA.\18\
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    \18\ The EPA notes that CARB and ICAPCD did not start daily 
sampling until 2014; however, daily sampling was not required under 
the monitoring regulations that applied at the time. Further, a 
separate calculation based on daily sampling data collected in 2013 
at a collocated non-regulatory monitor yields a 98th percentile 
value for 2013 similar to that of the primary regulatory monitor. 
See memorandum from Michael Flagg, U.S. EPA, Region IX, Air Quality 
Analysis Office, ``Implementation of PM2.5 sampling 
frequency requirements in Imperial County,'' November 1, 2016. This 
memorandum is included in the rulemaking docket for this action.
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C. Evaluation of Current Attainment

    The EPA's evaluation of whether the Imperial County NA has attained 
the 2006 24-hour PM2.5 NAAQS is based on our review of the 
monitoring data and takes into account the adequacy of the 
PM2.5 monitoring network in the nonattainment area and the 
reliability of the data collected by the network, as previously 
discussed.
    Table 1 shows the 24-hour PM2.5 design values at each of 
the three monitoring sites within the Imperial County NA for the most 
recent three-year period (2013-2015).

                    Table 1--2013-2015 24-Hour PM2.5 Design Values for the Imperial County NA
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                                                               98th percentile  ([mu]g/m\3\)      2013-2015  24-
                                                          ---------------------------------------  hour  design
             Local site name               Site  (AQS ID)                                         values  ([mu]g/
                                                               2013         2014         2015          m\3\)
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Calexico Ethel...........................     06-025-0005         27.4         36.3         34.6              33
El Centro................................     06-025-1003         19.0         19.6         14.1              18
Brawley..................................     06-025-0007         17.2         19.9         12.4              17
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Source: EPA, Design Value Report, December 2, 2016.

    The data show that the 24-hour design value for the 2013-2015 
period was equal to or less than 35 [mu]g/m\3\ at all monitors. 
Therefore, we are proposing to determine, based on complete, quality-
assured, and certified data for 2013-2015, that the Imperial County NA 
has attained the 2006 24-hour PM2.5 standard. Preliminary 
data available in AQS for 2016 (January through August) indicate that 
the area continues to attain the standard and are consistent with the

[[Page 13395]]

determination of attainment. Additional preliminary data available on 
CARB's real-time Web site for September through December are also 
consistent with attainment.\19\
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    \19\ CARB's real-time AQMIS (Air Quality and Meteorological 
Information System) database can be found at: https://www.arb.ca.gov/aqmis2/aqmis2.php. AQMIS provides a combination of 
preliminary real-time data and historical regulatory data.
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III. Analysis of Emissions Inventories

A. California's SIP Submittal for the 2006 PM2.5 Standard 
for the Imperial County NA

    Today's action also concerns the emissions inventories included in 
the ``Imperial County 2013 State Implementation Plan for the 2006 24-
Hour PM2.5 Moderate Nonattainment Area'' (``2013 
PM2.5 Plan'' or ``Plan'') adopted by the District on 
December 2, 2014 and submitted to the EPA as a SIP revision on January 
9, 2015.\20\
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    \20\ As provided in 40 CFR 51.1015, our clean data determination 
for the Imperial County NA suspends requirements to submit an 
attainment demonstration, associated RACM, RFP plan, contingency 
measures, and other SIP revisions related to the attainment of the 
2006 24-hour PM2.5 NAAQS, but does not suspend the 
requirement for an inventory. Therefore, in conjunction with our 
clean data determination for the Imperial County NA, we are also 
approving the 2008 base year inventories submitted with the 2013 
PM2.5 Plan.
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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 submission of a SIP or SIP revision to the 
EPA. To meet this requirement, every SIP submission should include 
evidence that adequate public notice was given and an opportunity for a 
public hearing was provided 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 submission of the 2013 PM2.5 Plan. The 
District provided a public comment period and held a public hearing 
prior to the adoption of the SIP submission on December 2, 2014.\21\ 
CARB provided the required public notice and opportunity for public 
comment prior to its December 18, 2014 public hearing and adoption of 
the SIP submission.\22\ The submission includes proof of publication of 
notices for the respective public hearings. We find, therefore, that 
the 2013 PM2.5 Plan meets the procedural requirements for 
public notice and hearing in CAA sections 110(a) and 110(l).
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    \21\ ICAPCD, ``Notice of Public Hearing for Adoption of Imperial 
County 2013 State Implementation Plan for the 2006 24-Hour 
PM2.5 Moderate Nonattainment Area,'' published October 
24, 2014 and November 2, 2014.
    \22\ CARB, ``Notice of Public Meeting to Consider Approval of 
the Imperial County 2013 State Implementation Plan for the 2006 24-
Hour PM2.5 Moderate Nonattainment Area,'' November 18, 
2014; and CARB Board Resolution 14-43, ``Imperial County 2013 State 
Implementation Plan for the 2006 24-Hour PM2.5 Moderate 
Nonattainment Area,'' December 18, 2014.
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    CAA section 110(k)(1)(B) requires the EPA to determine whether a 
SIP submission 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 submission. The EPA's SIP 
completeness criteria are found in 40 CFR part 51, Appendix V. The 
January 9, 2015 SIP submission became complete by operation of law on 
July 9, 2015.

C. Requirements for Emissions Inventories

    CAA section 172(c)(3) requires that each SIP include a 
comprehensive, accurate, current inventory of actual emissions from all 
sources of the relevant pollutant or pollutants in the area. By 
requiring an accounting of actual emissions from all sources of the 
relevant pollutants in the area, this section ensures that the base 
year inventory will include all emissions that contribute to the 
formation of a particular NAAQS pollutant. For the 2006 24-hour 
PM2.5 NAAQS, this includes directly emitted PM2.5 
(referred to as primary or direct PM2.5) as well as the main 
chemical precursors to the formation of secondary PM2.5: 
Nitrogen oxides (NOX), sulfur oxides (SOx), 
volatile organic compounds (VOC), and ammonia (NH3). Primary 
PM2.5 includes condensable and filterable particulate 
matter.
    A state should include in its SIP submittal documentation 
explaining how the emissions data were calculated. 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 2013 PM2.5 Plan was developed, California was 
required to use the model EMFAC2011 to estimate tailpipe and brake and 
tire wear emissions of PM2.5, NOX, 
SOx, and VOC from on-road mobile sources (78 FR 14533, March 
6, 2013). States are required to use the EPA's AP-42 road dust method 
for calculating re-entrained road dust emissions from paved roads (76 
FR 6328, February 4, 2011).

D. Emissions Inventories in the 2013 PM2.5 Plan

    The annual average planning inventories for direct PM2.5 
and all PM2.5 precursors (NOX, SOx, 
VOC, and ammonia) for the Imperial County PM2.5 NA, together 
with documentation for the inventories, are found in Chapter 3 of the 
2013 PM2.5 Plan. CARB and the District worked together to 
develop a complete inventory for all sources in Imperial County using 
activity information and emission factors. Activity data may come from 
national survey data or reports (e.g., from the United States 
Department of Agriculture Economic Research Service) or local sources 
such as the Southern California Gas Company, paint suppliers, and 
District databases. Emission factors can be based on a number of 
variables including source tests, compliance reports, and the EPA's AP-
42.
    CARB provided annual average and winter daily average inventories 
for 2008, which it designated as the base year for the 2006 
PM2.5 Plan. CARB included both annual average and winter 
daily average inventories because a majority of the exceedances 
addressed by the 2013 PM2.5 Plan occurred in the winter 
(November through April). Each inventory includes emissions from point, 
area, on-road, and non-road sources. Stationary sources include point 
and area sources. Point sources in the Imperial County air basin that 
emit 10 tons per year or more of VOC, NOX, SOx, 
or PM2.5 report annual emissions to the District.
    The District and CARB develop an annual emissions inventory for all 
sources in Imperial County, including separate inventories for winter 
and summer and an annual average inventory. Point source emissions for 
the 2008 base year emission inventories were based on this information. 
Area sources include smaller emissions sources distributed across the 
nonattainment area. Many small point sources and facilities that are 
not inventoried individually are estimated as a group and are included 
in the area source category.
    The source categories that generate the most emissions (unpaved 
roads and tilling and harvesting operations) reflect implementation of 
PM10 Best Available Control Measures (BACM) approved rules. 
Agricultural burning is regulated under both ICAPCD's EPA-approved Rule 
701 and its CARB-approved Smoke Management Plan.

[[Page 13396]]

    The on-road mobile inventories use EMFAC2011 for estimating motor 
vehicle emissions.\23\ EMFAC2011 calculates emission rates from all 
motor vehicles that operate on highways, freeways, and local roads in 
California. EMFAC2011 uses California Department of Motor Vehicle 
registration data for the number of vehicles, the Southern California 
Association of Governments travel demand output model for the number of 
vehicle miles traveled, and California Bureau of Automotive Repair for 
odometer readings and for emission factors derived from vehicle 
surveillance programs and dynamometer readings.
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    \23\ 2013 PM2.5 Plan, p. 21-22.
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    Off-road emissions such as construction, aircraft (military, 
commercial, and civil), gardening equipment, agricultural equipment, 
and recreational vehicle emissions were calculated using CARB's 2011 
Off-Road Model.\24\ The off-road model uses source population, 
activity, and emission estimates for all off-road vehicles, including 
boats, outdoor recreational vehicles, industrial and construction 
equipment, farm equipment, lawn and garden equipment, aircraft, and 
trains.
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    \24\ Id.
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    A summary of the Plan's 2008 winter and annual base year 
inventories is provided in Table 2 below. For a more detailed 
discussion of the inventories, see the 2013 PM2.5 Plan, 
Chapter 3.

Table 2--PM2.5 Emissions Inventory by Source Category, Winter and Annual
                     Planning Emissions Inventories
                          [tpd (tons per day)]
------------------------------------------------------------------------
                                          Winter average  Annual average
             Source category                   2008            2008
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Direct PM2.5
  Stationary Sources....................           0.495           0.508
  Area-Wide Sources.....................          10.786          10.933
  Mobile Sources:
    On-Road Vehicles....................           0.302           0.301
    Other Mobile Sources:
      Aircraft..........................           0.759           0.760
      Off-Road, Trains, Recreational               0.277           0.322
       Boats, and Farm Equipment........
                                         -------------------------------
        Total Direct PM2.5..............          12.619          12.824
Nitrogen Oxides
  Stationary Sources....................           1.836           1.875
  Area-Wide Sources.....................           0.423           0.462
  Mobile Sources:
    On-Road Vehicles....................           8.608           8.425
    Other Mobile Sources:
      Aircraft..........................           1.523           1.524
      Off-Road, Trains, Recreational               6.053           6.502
       Boats, and Farm Equipment........
                                         -------------------------------
        Total Nitrogen Oxides...........          18.443          18.788
Volatile Organic Compounds
  Stationary Sources....................           1.059           1.071
  Area-Wide Sources.....................           7.639           9.069
  Mobile Sources:
    On-Road Vehicles....................           1.996           2.072
    Other Mobile Sources:
      Aircraft..........................           2.186           2.189
      Off-Road, Trains, Recreational               2.657           3.624
       Boats, and Farm Equipment........
                                         -------------------------------
        Total Volatile Organic Compounds          15.537          18.025
Sulfur Oxides
  Stationary Sources....................           0.079           0.081
  Area-Wide Sources.....................           0.058           0.068
  Mobile Sources:
    On-Road Vehicles....................           0.015           0.015
    Other Mobile Sources:
      Aircraft..........................           0.204           0.205
      Off-Road, Trains, Recreational               0.026           0.026
       Boats and Farm Equipment.........
                                         -------------------------------
        Total Sulfur Oxides.............           0.382           0.395
Ammonia
  Stationary Sources....................           3.142           3.100
  Area-Wide Sources.....................          27.622          31.693
  Mobile Sources:
    On-Road Vehicles....................           0.166           0.166
    Other Mobile Sources:
      Aircraft..........................           0.000           0.000
      Off-Road, Trains, Recreational               0.002           0.002
       Boats and Farm Equipment.........
                                         -------------------------------
        Total Ammonia...................          30.932          34.961
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Source: 2013 PM2.5 Plan, Chapter 3, Tables 3.1, 3.7, 3.8, 3.9, and 3.10.


[[Page 13397]]

E. EPA's Evaluation and Final Action

    The inventories in the 2013 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 EPA-approved version of California's mobile source 
emissions model, EMFAC2011, and the EPA's most recent AP-42 methodology 
for paved road dust. The inventories comprehensively address all source 
categories in the Imperial County NA and were developed consistent with 
the EPA's inventory guidance. For these reasons, we are approving the 
2013 PM2.5 Plan's annual average and winter daily average 
inventories for 2008 as meeting the requirements of CAA section 
172(c)(3).

IV. Final Action

    The EPA is determining that the Imperial County NA has attained the 
2006 24-hour PM2.5 NAAQS. As provided in 40 CFR 51.1015, 
this clean data determination suspends the requirements for this area 
to submit an attainment demonstration, associated RACM, RFP plan, 
contingency measures, and any other planning SIP revisions related to 
the attainment of the 2006 24-hour PM2.5 NAAQS, so long as 
this area continues to meet the standard. This clean data determination 
does not constitute a redesignation to attainment. The Imperial County 
NA will remain designated nonattainment for the 2006 24-hour 
PM2.5 NAAQS until such time as the EPA determines, pursuant 
to sections 107 and 175A of the CAA, that the Imperial County NA 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 approving the 2013 
PM2.5 Plan's annual average and winter daily average 
inventories for 2008 as meeting the requirements of CAA section 
172(c)(3).
    As authorized in section 110(k)(3) of the Act, the EPA is fully 
approving the submitted base year emissions inventory because we 
believe it fulfills all relevant requirements. We do not think anyone 
will object to this inventory approval or the CDD, so we are finalizing 
them without proposing in advance. However, in the Proposed Rules 
section of this issue of the Federal Register, we are simultaneously 
proposing to make a CDD and proposing approval of the same submitted 
emissions inventory. If we receive adverse comments by April 12, 2017, 
we will publish a timely withdrawal in the Federal Register to notify 
the public that some or all of the provisions of the direct final 
approval will not take effect and we will address the comments in a 
subsequent final action based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on May 12, 2017.

V. Statutory and Executive Order Reviews

    This action makes a clean data determination based on air quality 
and suspends certain federal requirements, and thus, does not impose 
additional requirements beyond those imposed by state law. In addition, 
under the Clean Air Act, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve State choices, 
provided that they meet the criteria of the Clean Air Act. Accordingly, 
this proposed action merely approves State law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For these reasons, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 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.

    Dated: January 3, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(484) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (484) The following plan was submitted on January 9, 2015, by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials.
    (A) Imperial County Air Pollution Control District.
    (1) ``Imperial County 2013 State Implementation Plan for the 2006 
24-Hour PM2.5 Moderate Nonattainment Area,'' adopted 
December 2, 2014, Chapter 3 (``Emissions Inventory'') excluding: 
Section 3.4.1 (``Determination of Significant Sources of 
PM2.5 Precursors''); the 2011 and 2012 winter and annual 
average inventories in Table 3.1 (``PM2.5 Emissions 
Inventory by Major Source Category 2008, 2011 and 2012 Winter and 
Annual

[[Page 13398]]

Planning Emissions Inventories''); the 2011 and 2012 winter and annual 
average inventories in Table 3.7 (``NOX Emissions Inventory 
by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning 
Emissions Inventories''); the 2011 and 2012 winter and annual average 
inventories in Table 3.8 (``VOCs Emissions Inventory by Major Source 
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions 
Inventories''); the 2011 and 2012 winter and annual average inventories 
in Table 3.9 (``SOX Emissions Inventory by Major Source 
Category 2008, 2011 and 2012 Winter and Annual Planning Emissions 
Inventories''); and the 2011 and 2012 winter and annual average 
inventories in Table 3.10 (``Ammonia Emissions Inventory by Major 
Source Category 2008, 2011 and 2012 Winter and Annual Planning 
Emissions Inventories'').

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


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

* * * * *
    (i) Determination of attainment. Effective May 12, 2017, EPA has 
determined that, based on 2013 to 2015 ambient air quality data, the 
Imperial County PM2.5 nonattainment area has attained the 
2006 24-hour PM2.5 NAAQS. Under the provisions of 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 2006 24-hour PM2.5 NAAQS. If EPA 
determines, after notice-and-comment rulemaking, that this area no 
longer meets the 2006 24-hour PM2.5 NAAQS, the corresponding 
determination of attainment for that area shall be withdrawn.

[FR Doc. 2017-04780 Filed 3-10-17; 8:45 am]
BILLING CODE 6560-50-P


