[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Proposed Rules]
[Pages 41479-41484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14299]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2020-0309; FRL-10011-43-Region 9]


Finding of Failure To Attain the 2006 24-Hour Fine Particulate 
Matter Standards; California; Los Angeles-South Coast Air Basin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Los Angeles-South Coast Air Basin nonattainment area 
failed to attain the 2006 24-hour fine particulate matter 
(``PM2.5'') national ambient air quality standards by the 
December 31, 2019 ``Serious'' area attainment date. This proposed 
determination is based on ambient air quality monitoring data from 2017 
through 2019. If the EPA finalizes this determination as proposed, the 
State of California will be required to submit a revision to the 
California State Implementation Plan that, among other elements, 
provides for expeditious attainment within the time limits prescribed 
by regulation and provides for a five percent annual reduction in the 
emissions of direct PM2.5 or a PM2.5 plan 
precursor pollutant. We are also proposing to correct an error in the 
table of California area designations for the 2006 PM2.5 
national ambient air quality standards.

DATES: Comments must be received on or before August 10, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2020-0309 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.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office 
(AIR-2), EPA Region IX, (415) 972-3964, vagenas.ginger@epa.gov.

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

Table of Contents

I. Background
    A. PM2.5 National Ambient Air Quality Standards
    B. South Coast Designations, Classifications, and Attainment 
Dates for the 2006 PM2.5 NAAQS
II. Proposed Determination and Consequences
    A. Applicable Statutory and Regulatory Provisions
    B. Monitoring Network Considerations
    C. Data Considerations and Proposed Determination
    D. Consequences for a Serious PM2.5 Nonattainment 
Area Failing To Attain the Standards by the Attainment Date
III. Proposed Error Correction
IV. Proposed Actions and Request for Public Comment
V. Statutory and Executive Order Reviews

I. Background

A. PM2.5 National Ambient Air Quality Standards

    Under section 109 of the Clean Air Act (CAA or ``Act''), the EPA 
has established national ambient air quality standards (NAAQS or 
``standards'') 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.
    In October 2006, the EPA revised the 24-hour NAAQS for fine 
particulate matter (particles with a diameter of 2.5 microns or less or 
PM2.5) \1\ (``2006 PM2.5 NAAQS'') to provide 
increased protection of public health by lowering

[[Page 41480]]

its level from 65 micrograms per cubic meter ([mu]g/m\3\) to 35 [mu]g/
m\3\.\2\
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    \1\ The EPA established both primary and secondary standards for 
the 2006 24-hour PM2.5 NAAQS. Primary standards provide 
public health protection, including protecting the health of 
``sensitive'' populations such as asthmatics, children, and the 
elderly. Secondary standards provide public welfare protection, 
including protection against decreased visibility and damage to 
animals, crops, vegetation, and buildings. Since the primary and 
secondary standards for 24-hour PM2.5 are set at the same 
level, we refer to them herein using the singular ``2006 
PM2.5 NAAQS'' or ``2006 PM2.5 standard.''
    \2\ 71 FR 61144 (October 17, 2006). The EPA set the first NAAQS 
for PM2.5 on July 18, 1997 (62 FR 36852), including 
annual standards of 15 [mu]g/m\3\ based on a 3-year average of 
annual mean PM2.5 concentrations and 24-hour (daily) 
standards of 65 [mu]g/m\3\ based on a 3-year average of 98th 
percentile 24-hour concentrations (40 CFR 50.7). In 2012, the EPA 
revised the annual standard to lower its level to 12 [mu]g/m\3\. 78 
FR 3086 (January 15, 2013), codified at 40 CFR 50.18. Unless 
otherwise noted, all references to the PM2.5 standard in 
this notice are to the 2006 24-hour standard of 35 [mu]g/m\3\ 
codified at 40 CFR 50.13.
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    Epidemiological studies have shown statistically significant 
correlations between elevated PM2.5 levels and premature 
mortality. Other important health effects associated with 
PM2.5 exposure include aggravation of respiratory and 
cardiovascular disease (as indicated by increased hospital admissions, 
emergency room visits, absences from school or work, and restricted 
activity days), changes in lung function and increased respiratory 
symptoms. There is also new evidence for more subtle indicators of 
cardiovascular health. Individuals particularly sensitive to 
PM2.5 exposure include older adults, people with heart and 
lung disease, and children.\3\
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    \3\ 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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    PM2.5 can be emitted directly into the atmosphere as a 
solid or liquid particle (primary PM2.5 or direct 
PM2.5) or can be formed in the atmosphere as a result of 
various chemical reactions from precursor emissions of nitrogen oxides, 
sulfur oxides, volatile organic compounds, and ammonia (secondary 
PM2.5).\4\
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    \4\ 81 FR 58010, 58011 (August 24, 2016).
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B. South Coast Designations, Classifications, and Attainment Dates for 
the 2006 PM2.5 NAAQS

    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. Effective December 14, 
2009, the EPA designated Los Angeles-South Coast Air Basin (``South 
Coast'') as a nonattainment area for the 2006 PM2.5 
NAAQS.\5\ In June 2014, the EPA classified the South Coast as a 
``Moderate'' nonattainment area for the 2006 PM2.5 NAAQS 
under subpart 4 of part D, title I of the Act.\6\
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    \5\ 74 FR 58688 (November 13, 2009). The South Coast 2006 
PM2.5 NAAQS nonattainment area includes Orange County, 
the southwestern two-thirds of Los Angeles County, southwestern San 
Bernardino County, and western Riverside County. A precise 
description of the South Coast PM2.5 nonattainment area 
is contained in 40 CFR 81.305. The South Coast PM2.5 
nonattainment area is home to about 17 million people, has a diverse 
economic base, and contains one of the highest volume port areas in 
the world.
    \6\ 79 FR 31566 (June 2, 2014).
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    In January 2016, the EPA reclassified the South Coast as a Serious 
nonattainment area, based on our determination that the area could not 
practicably attain the 2006 PM2.5 NAAQS by the applicable 
attainment date of December 31, 2015.\7\ As a consequence, California 
was required to submit a nonattainment new source review program 
revision and a Serious area attainment plan, including a demonstration 
that the plan provides for attainment of the 2006 PM2.5 
NAAQS in the South Coast as expeditiously as practicable, but no later 
than December 31, 2019, which is the latest permissible attainment date 
under CAA section 188(c)(2).
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    \7\ 81 FR 1514 (January 13, 2016).
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    The local air district with primary responsibility for developing a 
plan to attain the 2006 PM2.5 NAAQS in this area is the 
South Coast Air Quality Management District (``District'' or SCAQMD). 
The District works cooperatively with the California Air Resources 
Board (CARB) in preparing these plans. Authority for regulating sources 
in the South Coast is split between the District, which has 
responsibility for regulating stationary and most area sources, and 
CARB, which has responsibility for regulating most mobile sources and 
some categories of consumer products. In 2017, in response to the 
area's classification as a Serious nonattainment area for the 2006 
PM2.5 NAAQS, SCAQMD and CARB prepared and submitted state 
implementation plan (SIP) revisions to address the related CAA 
requirements.\8\ In 2019, the EPA approved the SIP revisions for the 
South Coast for the 2006 PM2.5 NAAQS except for the 
contingency measure element.\9\ On June 5, 2020, the EPA Region IX 
Regional Administrator signed a notice proposing to conditionally 
approve the contingency measure element as meeting the applicable 
Serious area requirements for the 2006 PM2.5 NAAQS.\10\
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    \8\ The first SIP revision submission is the 2006 
PM2.5 NAAQS portion of the ``Final 2016 Air Quality 
Management Plan (March 2017),'' adopted by the SCAQMD Governing 
Board on March 3, 2017 (``2016 AQMP''). CARB submitted the 2016 AQMP 
to the EPA on April 27, 2017. The second submission, also submitted 
to the EPA on April 27, 2017, is CARB's ``2016 State Strategy for 
the State Implementation Plan (March 2017)'' (``2016 State 
Strategy'').
    \9\ 84 FR 3305 (February 12, 2019).
    \10\ A pre-publication copy of this proposal is included in the 
docket for this rulemaking. We expect it to be published in the 
Federal Register soon.
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II. Proposed Determination and Consequences

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 the 
applicable PM2.5 NAAQS by its applicable attainment date, 
based on the area's air quality as of the attainment date.
    A determination of whether an area's air quality 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. Data from 
ambient air monitors operated by state and 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.\11\ All 
data are reviewed to determine the area's air quality status in 
accordance with 40 CFR part 50, Appendix N.
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    \11\ See 40 CFR 50.13; 40 CFR part 50, Appendix N; 40 CFR part 
53; 40 CFR part 58, and 40 CFR part 58, Appendices A, C, D, and E.
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    Under EPA regulations in 40 CFR 50.13 and in accordance with 40 CFR 
part 50, Appendix N, the 2006 PM2.5 NAAQS is met when the 
design value is less than or equal to 35 [mu]g/m\3\ 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.
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    \12\ The 24-hour PM2.5 standard design value is the 
3-year average of 98th percentile concentrations, and the 2006 24-
hour PM2.5 NAAQS are met when the standard design value 
at each eligible monitoring site is less than or equal to 35.0 
[mu]g/m\3\.
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B. Monitoring Network Considerations

    Section 110(a)(2)(B)(i) of the CAA requires states to establish and 
operate air monitoring networks to compile data on ambient air quality 
for all criteria pollutants. Our monitoring requirements are specified 
by regulation in 40 CFR part 58. These requirements are applicable to 
state and, where delegated, local air monitoring agencies that operate 
criteria pollutant monitors. Our regulations in 40 CFR part 58 
establish specific requirements for operating air quality surveillance 
networks to measure ambient concentrations of PM2.5, 
including requirements for measurement methods,

[[Page 41481]]

network design, quality assurance procedures, and in the case of large 
urban areas, the minimum number of monitoring sites designated as 
SLAMS.
    In section 4.7 of Appendix D to 40 CFR part 58, the EPA specifies 
design criteria for PM2.5 monitoring at SLAMS. SLAMS produce 
data that are eligible for comparison with the NAAQS, and therefore, 
the monitor must be an approved federal reference method (FRM), federal 
equivalent method (FEM), or approved regional method (ARM). The minimum 
number of SLAMS required is described in section 4.7.1, and can be met 
by either filter-based or continuous FRMs or FEMs. The monitoring 
regulations also provide that each core-based statistical area must 
operate a minimum number of PM2.5 continuous monitors 
(section 4.7.2); however, this requirement can be met by either an FEM 
or a non-FEM continuous monitor, and the continuous monitors can be 
located with other SLAMS or at a different location. Consequently, the 
monitoring requirements for PM2.5 can be met with filter-
based FRMs/FEMs, continuous FEMs, continuous non-FEMs, or a combination 
of monitors at each required SLAMS.
    Under 40 CFR 58.10, states are required to submit annual network 
plans for ambient air monitoring networks for approval by the EPA. 
Within the South Coast Air Basin, the District and the Pechanga Band of 
Luiseno Mission Indians of the Pechanga Reservation (``Pechanga Band'') 
are the agencies responsible for assuring that the area meets 
PM2.5 air quality monitoring requirements. The District 
submits annual monitoring network plans (ANP) to the EPA that describe 
the various monitoring sites operated by the District. The Pechanga 
Band does the same for the monitoring site it operates. These plans 
discuss the status of the air monitoring network, as required under 40 
CFR 58.10. The EPA regularly reviews these annual network plans for 
compliance with the applicable reporting requirements in 40 CFR part 
58. The most recent plan submitted by the District is the 2019 ANP, 
dated July 1, 2019. On October 29, 2019, the EPA approved those 
portions of the District's 2019 ANP that pertain to the adequacy of the 
network for PM2.5 monitoring purposes.\13\ The most recent 
plan submitted by the Pechanga Band is the 2018 ANP, dated July 1, 
2018. On October 29, 2018, the EPA approved those portions of the 
Pechanga Band's 2018 ANP that pertain to the adequacy of the network 
for PM2.5 monitoring purposes.\14\ Although the EPA has not 
received the 2019 ANP for the Pechanga Band, because we have approved 
the 2018 ANP elements and because the Pechanga Band's monitoring site 
is one of the lower design value sites in the area, approval of a 2019 
ANP is not necessary for this action.
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    \13\ Letter dated October 29, 2019, from Gwen Yoshimura, 
Manager, EPA Region IX, Air Quality Analysis Office, to Matt 
Miyasato, Deputy Executive Officer, Science and Technology 
Advancement, SCAQMD.
    \14\ Letter dated October 29, 2018, from Gwen Yoshimura, 
Manager, EPA Region IX, Air Quality Analysis Office, to Kelcey 
Stricker, Environmental Director, Pechanga Band of Luiseno Mission 
Indians of the Pechanga Reservation.
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    During the 2017-2019 period, PM2.5 ambient concentration 
data that are eligible for use in determining whether an area has 
attained the PM2.5 NAAQS were collected at a total of 18 
sites within the South Coast. The District operates 17 of these sites 
while the Pechanga Band operates one site. All of the sites are 
designated SLAMS for PM2.5.\15\ The primary monitors at all 
17 District sites are FRMs, while the primary monitor at the Pechanga 
site is a beta attenuation monitor FEM.
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    \15\ There are a number of other PM2.5 monitoring 
sites within the South Coast, including other sites operated by the 
District, the National Park Service, and certain Indian tribes, but 
the data collected from these sites are non-regulatory and not 
eligible for use in determining whether the South Coast has attained 
the PM2.5 NAAQS.
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    Based on our review of the PM2.5 monitoring network, we 
find that the monitoring network in the South Coast is adequate for the 
purpose of collecting ambient PM2.5 concentration data for 
use in determining whether the South Coast attained the 2006 24-hour 
PM2.5 NAAQS by the December 31, 2019 attainment date.

C. Data Considerations and Proposed Determination

    Under 40 CFR 58.15, monitoring agencies must submit a letter to the 
EPA each year to certify that all of the ambient concentration and 
quality assurance data for the previous year have been submitted to AQS 
and that the ambient concentration data are accurate to the best of 
their knowledge, taking into consideration the quality assurance 
findings. The letter must address data for all FRM, FEM, and ARM 
monitors at SLAMS and special purpose monitoring stations that meet the 
criteria specified in 40 CFR 58, Appendix A. The District \16\ and the 
Pechanga Band \17\ submit this certification annually, as required by 
40 CFR 58.15.
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    \16\ For example, see letter dated April 30, 2020, from Jason 
Low, Assistant Deputy Executive Officer, Science and Technology 
Advancement, SCAQMD, to John Busterud, Regional Administrator, EPA 
Region IX, certifying calendar year 2019 ambient air quality data 
and quality assurance data.
    \17\ For example, see letter dated April 29, 2020, from Kelcey 
Stricker, Environmental Director, Pechanga Band of Luiseno Mission 
Indians of the Pechanga Reservation, to Gwen Yoshimura, Manager, Air 
Quality Analysis Office, EPA Region IX, certifying calendar year 
2019 ambient air quality data and quality assurance data.
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    As noted in section II.A of this document, CAA sections 179(c)(1) 
and 188(b)(2) require the EPA to determine whether a PM2.5 
nonattainment area attained the applicable PM2.5 standards 
by the applicable attainment date, based on the area's air quality ``as 
of the attainment date.'' For the reasons discussed in section I.B of 
this document, the South Coast's attainment date for the 2006 24-hour 
PM2.5 NAAQS was December 31, 2019. Because determinations of 
PM2.5 NAAQS compliance are based on three calendar years of 
data,\18\ to determine the South Coast's air quality as of December 31, 
2019, we reviewed the data collected during the three-year period 
immediately preceding December 31, 2019, i.e., January 1, 2017-December 
31, 2019.
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    \18\ 40 CFR part 50, Appendix N.
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    We verified that the data for the 2017-2019 period have been 
certified by the District, and then we reviewed the data for 
completeness.\19\ We described the most recent annual data 
certifications from the District and the Pechanga Band in section II.B 
of this document. With respect to completeness, we determined that the 
data collected by the District meet the quarterly completeness 
criterion for all 12 quarters of the three-year period at most of the 
PM2.5 monitoring sites in the South Coast.
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    \19\ The Pechanga Band has not yet submitted a letter certifying 
data for calendar year 2018. However, certified data from the 
District for 2017-2019 are sufficient to demonstrate that the area 
did not attain the NAAQS during this period.
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    More specifically, among the 18 PM2.5 monitoring sites 
from which regulatory data are available, the data from 6 of the sites 
did not meet the 75% completeness criterion for at least one quarter in 
the 2017-2019 period; however, the data from all but one site 
(Pechanga) are sufficient nonetheless to produce a valid design value 
for the 24-hour PM2.5 NAAQS pursuant to the rules governing 
design value validity in 40 CFR part 50, Appendix N, section 4.2. We 
note that monitors with incomplete data in one or more quarters may 
still produce valid design values if the conditions for applying one of 
the EPA's data substitution tests are met.\20\
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    \20\ See 40 CFR part 50, Appendix N, section 4.2(b) for the 24-
hour PM2.5 NAAQS.

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[[Page 41482]]

    Table 1 shows the 24-hour PM2.5 design values at each of 
the 18 monitoring sites within the South Coast nonattainment area for 
the relevant three-year period (2017-2019). The table shows that the 
24-hour PM2.5 design values for the 2017-2019 period are 
greater than 35.0 [mu]g/m\3\ at two of the sites.

              Table 1--2017-2019 24-Hour PM2.5 Design Values for the South Coast Nonattainment Area
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                                                                 98th percentile  ([mu]g/m\3\)    2017-2019  24-
                                                             ------------------------------------  hour  design
          General location                Site  (AQS ID)                                          values  ([mu]g/
                                                                 2017        2018        2019          m\3\)
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                                               Los Angeles County
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East San Gabriel Valley.............  Azusa (06-037-0002)...        21.2        30.2        22.8              25
Central Los Angeles.................  Los Angeles (Main St.)        30.9        34.1        28.3              31
                                       (06-037-1103).
West San Fernando Valley............  Reseda (06-037-1201)..        20.7        23.8        26.3              24
South Central Los Angeles County....  Compton (06-037-1302).        53.4        34.8        26.6              38
South San Gabriel Valley............  Pico Rivera #2 (06-037-       29.5        35.4        27.5              31
                                       1602).
West San Gabriel Valley.............  Pasadena (06-037-2005)        18.8        29.5        27.5              25
South Coastal Los Angeles County....  Long Beach (North) (06-       32.3        33.0        20.7              29
                                       037-4002).
South Coastal Los Angeles County....  South Long Beach (06-         31.1        33.5        23.2              29
                                       037-4004).
South Coastal Los Angeles County....  Long Beach-Route 710          35.6        36.1        26.4              33
                                       Near Road (06-037-
                                       4008).
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                                                  Orange County
----------------------------------------------------------------------------------------------------------------
Central Orange County...............  Anaheim (06-059-0007).        38.1        32.1        23.8              31
Saddleback Valley...................  Mission Viejo (06-059-        15.0        20.3        14.7              17
                                       2022).
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                                                Riverside County
----------------------------------------------------------------------------------------------------------------
Temecula Valley.....................  Pechanga (06-065-0009)        13.6        14.7         9.5            * 13
Metropolitan Riverside County.......  Rubidoux (06-065-8001)        30.7        28.2        32.7              31
Mira Loma...........................  Mira Loma (Van Buren)         39.9        34.2        36.2              37
                                       (06-065-8005).
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                                              San Bernardino County
----------------------------------------------------------------------------------------------------------------
Southwest San Bernardino Valley.....  Ontario-Route 60 Near         36.9        32.7        31.4              34
                                       Road (06-071-0027).
Central San Bernardino Valley.......  Fontana (06-071-2002).        26.5        26.8        35.7              30
East San Bernardino Mountains.......  Big Bear (06-071-8001)        23.5        16.0        31.0              24
Central San Bernardino Valley.......  San Bernardino (06-071-       25.6        22.9        34.8              28
                                       9004).
----------------------------------------------------------------------------------------------------------------
* The design value for the Pechanga site is invalid. All other design values are valid.
Source: EPA, AQS Design Value Report (AMP480), Report Request ID: 1846520, June 3, 2020.

    For an area to attain the 2006 PM2.5 NAAQS by December 
31, 2019, the 2019 design value (reflecting data from 2017-2019) at 
each eligible monitoring site must be equal to or less than 35 [mu]g/
m\3\. Table 1 shows that the 2019 design values at two sites in the 
South Coast are greater than that value. The 2019 annual design value 
site, i.e., the site with the highest design value based on 2017-2019 
data, is the Compton site with a 2019 24-hour PM2.5 design 
value of 38 [mu]g/m\3\. Therefore, based on quality-assured and 
certified data for 2017-2019, we are proposing to determine that the 
South Coast failed to attain the 2006 PM2.5 standard by the 
December 31, 2019 attainment date.
    A monitoring agency may request that the EPA exclude data showing 
exceedances or violations of the standard from use in regulatory 
determinations by demonstrating that an exceptional event caused a 
specific air pollution concentration at a particular air quality 
monitoring location.\21\ If the EPA concurs that the exceedance or 
violation was caused by an exceptional event, the relevant data will be 
excluded from the design value calculation. A monitoring agency 
notifies the EPA of its intent to request exclusion of concentrations 
by placing a ``flag'' in the appropriate AQS field for the data of 
concern.
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    \21\ 40 CFR 50.14.
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    For PM2.5 ambient data collected from 2017-2019, the 
District flagged one 24-hour concentration at the Compton site and two 
24-hour concentrations at the Mira Loma site due to fireworks, and one 
additional 24-hour concentration at the Compton site due to wildfire. 
The District also flagged multiple 24-hour concentrations at several 
other sites in the South Coast due to either fireworks or wildfire; 
however, these sites already have attaining design values for the 24-
hour PM2.5 NAAQS.\22\
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    \22\ EPA, AQS Raw Data Qualifier Report (AMP360), Report Request 
ID: 1846503, June 3, 2020.
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    The State has not provided a demonstration that the flagged data 
were caused by exceptional events and has not requested EPA concurrence 
on the flagged data. Consequently, the EPA has not reviewed the flagged 
data to determine if they were influenced by an exceptional event, and 
the flagged data are included in the set of data used to determine 
whether the standard was attained. However, even if the flagged data 
were excluded, the two exceeding design values reported in Table 1 
would remain above the NAAQS.\23\
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    \23\ EPA, AQS Design Value Report (AMP480), Report Request ID: 
1846500, June 3, 2020.
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    Specifically, if all the flagged data were to be excluded, the 2019 
24-hour PM2.5 design value at the Compton monitoring site 
would be 37 [micro]g/m\3\ instead of 38 [micro]g/m\3\ and the design 
value for the Mira Loma site would

[[Page 41483]]

remain 37 [micro]g/m\3\. Thus, the two sites would still fail to attain 
the applicable standard of 35 [micro]g/m\3\. Also, exclusion of flagged 
data at other sites in the South Coast area that already have design 
values that attain the NAAQS would not affect the conclusions regarding 
the two sites that have design values above the NAAQS.

D. Consequences for a Serious PM2.5 Nonattainment Area Failing To 
Attain the Standards by the Attainment Date

    The consequences for a Serious PM2.5 nonattainment area 
for failing to attain the NAAQS by the applicable attainment date are 
set forth in CAA sections 179(d) and 189(d) and in 40 CFR 51.1003(c). 
Under these provisions, a state must submit a SIP revision for the area 
meeting the requirements of CAA section 110 and 172, the latter of 
which requires, among other elements, a demonstration of attainment and 
reasonable further progress, and contingency measures. CAA section 
189(d) requires that the SIP revision must provide for attainment of 
the standards and, from the date of the SIP submittal until attainment, 
for an annual reduction in the emissions of direct PM2.5 or 
a PM2.5 plan precursor pollutant within the area of not less 
than five percent of the amount of such emissions as reported in the 
most recent inventory prepared for such area.\24\ The requirement for a 
new attainment demonstration under CAA section 189(d) also triggers the 
requirement for the SIP revision for quantitative milestones as set 
forth in 40 CFR 51.1013.
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    \24\ 40 CFR 51.1003(c). The EPA defines PM2.5 plan 
precursor as those PM2.5 precursors required to be 
regulated in the applicable attainment plan and/or nonattainment new 
source review program. 40 CFR 51.1000.
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    The new attainment date is set by 40 CFR 51.1004(a)(3). Under 40 
CFR 51.1004(a)(3), the new attainment date is the date by which 
attainment can be achieved as expeditiously as practicable, but no 
later than five years from the effective date of the final 
determination of failure to attain. The EPA may extend the attainment 
date for a period no greater than 10 years from the effective date of 
the final determination, considering the severity of nonattainment and 
the availability and feasibility of pollution control measures. Lastly, 
consistent with section 179(d) of the CAA, 40 CFR 51.1003(c) requires 
that the state submit the required SIP revision within 12 months after 
the applicable Serious area attainment date that was missed. If the EPA 
finalizes this proposed rule, the State of California will be required 
to submit a SIP revision that complies with CAA sections 179(d) and 
189(d) and 40 CFR 51.1003(c) within 12 months of December 31, 2019, 
i.e., by December 31, 2020.

III. Proposed Error Correction

    Section 110(k)(6) of the CAA, as amended in 1990, provides that, 
whenever the EPA determines that the EPA's action approving, 
disapproving, or promulgating any plan or plan revision (or part 
thereof), area designation, redesignation, classification or 
reclassification was in error, the EPA may in the same manner as the 
approval, disapproval, or promulgation revise such action as 
appropriate without requiring any further submission from the state.
    As described in section I.B of this document, in 2009, the EPA 
designated areas of the country for the 2006 PM2.5 
NAAQS.\25\ In so doing, we excluded the lands of the Santa Rosa Band of 
Cahuilla Mission Indians in Riverside County from the South Coast 
nonattainment area and designated the lands as a separate 
``Unclassifiable/Attainment'' area for the 2006 PM2.5 
NAAQS.\26\ In 2014, in response to a court decision affecting the 
implementation of the PM2.5 NAAQS, we classified the South 
Coast as Moderate for the 2006 PM2.5 NAAQS.\27\ Our 2014 
final rule again excluded the lands of the Santa Rosa Band of Cahuilla 
Mission Indians in Riverside County from the South Coast Moderate 
nonattainment area and again listed the lands as a separate 
unclassifiable/attainment area for the 2006 PM2.5 NAAQS.\28\
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    \25\ 74 FR 58688 (November 13, 2009). The area designations for 
California are promulgated at 40 CFR 81.305.
    \26\ Id., at 58708.
    \27\ 79 FR 31566 (June 2, 2014).
    \28\ Id., at 31597.
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    In 2016, we reclassified the South Coast from Moderate to Serious 
for the 2006 PM2.5 standard, but we erroneously considered 
the lands of the Santa Rosa Band of Cahuilla Mission Indians in 
Riverside County to be part of the South Coast Moderate nonattainment 
area and revised the designation for lands of the Santa Rosa Band of 
Cahuilla Mission Indians in Riverside County from unclassifiable/
attainment to Serious nonattainment. The inclusion of the lands of the 
Santa Rosa Band of Cahuilla Mission Indians in Riverside County as part 
of the South Coast in our 2016 action was clearly in error because we 
did not propose any change in designations, such as a change in 
designation from unclassifiable/attainment to nonattainment, but rather 
only proposed a change to the classification of an existing 
nonattainment area.\29\ In our 2016 action, we erroneously reclassified 
the lands of the Santa Rosa Band of Cahuilla Mission Indians in 
Riverside County to Serious in concert with the reclassification of the 
South Coast nonattainment area in which we mistakenly thought the lands 
were located. We are proposing to correct this error and revise the 
table for California area designations for the 2006 PM2.5 
NAAQS in 40 CFR 81.305, accordingly.
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    \29\ 80 FR 63640 (October 20, 2015) (proposed reclassification 
of the South Coast from Moderate to Serious for the 2006 
PM2.5 NAAQS).
---------------------------------------------------------------------------

IV. Proposed Actions and Request for Public Comment

    Under CAA sections 179(c)(1) and 188(b)(2), the EPA proposes to 
determine that the South Coast ``Serious'' PM2.5 
nonattainment area has failed to attain the 2006 PM2.5 NAAQS 
by the applicable attainment date of December 31, 2019. If finalized as 
proposed, the State of California will be required under 40 CFR 
51.1003(c) to submit a revision to the SIP for the South Coast that, 
among other elements, demonstrates expeditious attainment of the NAAQS 
within the time period prescribed by 40 CFR 51.1004(a)(3) and that 
provides for annual reduction in the emissions of direct 
PM2.5 or a PM2.5 plan precursor pollutant within 
the area of not less than five percent until attainment. The SIP 
revision required under 40 CFR 51.1003(c) would be due for submittal to 
the EPA no later than December 31, 2020.
    We are also proposing to correct an error in a previous rulemaking 
and restore the designation of ``Unclassifiable/Attainment'' for the 
2006 PM2.5 NAAQS for the lands of the Santa Rosa Band of 
Cahuilla Mission Indians in Riverside County in the appropriate table 
in 40 CFR 81.305.
    The EPA is soliciting public comments on the issues discussed in 
this document. We will accept comments from the public on this proposal 
for the next 30 days. We will consider these comments before taking 
final action.

V. Statutory and Executive Order Reviews

    This proposed action in and of itself establishes no new 
requirements; it merely documents that air quality in the South Coast 
did not meet the 2006 PM2.5 NAAQS by the applicable 
attainment date. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office

[[Page 41484]]

of Management and Budget under Executive Orders 12866 (58 FR 51735, 
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed action does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP obligations discussed herein do not apply to Indian 
tribes and thus this proposed action will not impose substantial direct 
costs on tribal governments or preempt tribal law. Nonetheless, the EPA 
has notified the tribes within the South Coast PM2.5 
nonattainment area of the proposed action and offered formal 
consultation. No tribe requested formal consultation.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 26, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020-14299 Filed 7-9-20; 8:45 am]
BILLING CODE 6560-50-P


