[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57733-57736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19588]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2020-0309; FRL-10014-44-Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This rule is effective October 16, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2020-0309. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information may not be publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through http://www.regulations.gov. Please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information. If you need assistance 
in a language other than English or if you are a person with 
disabilities who needs a reasonable accommodation at no cost to you, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section.

[[Page 57734]]


FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 75 
Hawthorne St., San Francisco, CA 94105. By phone at 415-972-3964, or by 
email at Vagenas.Ginger@epa.gov.

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

Table of Contents

I. Background
II. Public Comments and Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 10, 2020 (85 FR 41479), the EPA proposed to determine that 
the Los Angeles-South Coast Air Basin (``South Coast'') Serious 
nonattainment area failed to attain the 2006 PM2.5 national 
ambient air quality standards (NAAQS) \1\ by the applicable attainment 
date of December 31, 2019. Our proposed determination was based on 
complete, quality-assured, and certified ambient air quality date for 
the 2017 to 2019 monitoring period. The South Coast 2006 
PM2.5 NAAQS nonattainment area includes Orange County, the 
southwestern two-thirds of Los Angeles County, southwestern San 
Bernardino County, and western Riverside County.\2\
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    \1\ In October 2006, the EPA revised the 24-hour NAAQS for fine 
particulate matter (particles with a diameter of 2.5 microns or less 
or PM2.5) (``2006 PM2.5 NAAQS'') to provide 
increased protection of public health by lowering its level from 65 
micrograms per cubic meter ([micro]g/m\3\) to 35 [micro]g/m\3\. 71 
FR 61144 (October 17, 2006). The EPA established both primary and 
secondary standards for the 2006 24-hour PM2.5 NAAQS. 
Primary standards provide public health protection, including 
protecting the health of ``sensitive'' populations such as 
asthmatics, children, and the elderly. Secondary standards provide 
public welfare protection, including protection against decreased 
visibility and damage to animals, crops, vegetation, and buildings. 
Since the primary and secondary standards for 24-hour 
PM2.5 are set at the same level, we refer to them herein 
using the singular ``2006 PM2.5 NAAQS'' or ``2006 
PM2.5 standard.''
    \2\ A precise description of the South Coast PM2.5 
nonattainment area is contained in 40 CFR 81.305.
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    Our proposed rule provided background information on the effects of 
exposure to elevated levels of PM2.5, the designation and 
classification of the South Coast under the Clean Air Act (CAA) for the 
2006 PM2.5 NAAQS, the plans developed by California to 
address nonattainment area requirements for the South Coast, the 
reclassification of the area from ``Moderate'' to ``Serious,'' and the 
related extension of the applicable attainment date to December 31, 
2019.\3\
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    \3\ 85 FR 41479, 41480.
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    In our July 10, 2020 proposed rule, we also described the 
following: the statutory basis (i.e., CAA sections 179(c)(1) and 
188(b)(2)) for the obligation on the EPA to determine whether an area's 
air quality meets the 2006 PM2.5 NAAQS; the EPA regulations 
establishing the specific methods and procedures to determine whether 
an area has attained the 2006 PM2.5 NAAQS; and the 
PM2.5 monitoring networks operated in the South Coast by the 
South Coast Air Quality Management District and the Pechanga Band of 
Luiseno Mission Indians of the Pechanga Reservation and related 
monitoring network plans.\4\ We also documented our previous review of 
the networks and network plans, the agencies' annual certifications of 
ambient air monitoring data, and our determination that 17 of the 18 
monitoring sites within the South Coast produced valid design values 
for purposes of comparison with the 2006 PM2.5 NAAQS.\5\
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    \4\ Id. at 41480-41481.
    \5\ Id. at 41481.
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    Under EPA regulations in 40 CFR 50.13 and in accordance with 40 CFR 
part 50, Appendix N, the 2006 PM2.5 NAAQS is met when the 
design value is less than or equal to 35.0 [micro]g/m\3\. More 
specifically, the design value is the 3-year average of annual 98th 
percentile 24-hour average values recorded at each eligible monitoring 
site, and the 2006 PM2.5 NAAQS are met when the design value 
for the 24-hour standards at each such monitoring site is less than or 
equal to 35 [micro]g/m\3\.
    In our proposed rule, to evaluate whether the South Coast attained 
the 2006 PM2.5 NAAQS by the December 31, 2019 attainment 
date, we determined the 2017-2019 design values at each of the 18 
PM2.5 monitoring sites for the 24-hour PM2.5 
standard. See Table 1 of our July 10, 2020 proposed rule.\6\ Based on 
the valid design values at 17 of the sites, we found that two sites did 
not meet the 2006 PM2.5 NAAQS of 35 [micro]g/m\3\ by the 
December 31, 2019 attainment date: the Compton site in Los Angeles 
County and the Mira Loma site in Riverside County. The 2019 24-hour 
design value site, i.e., the site with the highest design value based 
on 2017-2019 data, is the Compton site with a 2019 24-hour 
PM2.5 design value of 38 [micro]g/m\3\.
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    \6\ Id. at 41482.
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    For the South Coast to attain the 2006 PM2.5 NAAQS by 
December 31, 2019, the 2019 design value (reflecting data from 2017-
2019) at each eligible monitoring site in the South Coast must be equal 
to or less than 35 [micro]g/m\3\. Because at least one site had 2019 
design values greater than 35 [micro]g/m\3\, we proposed to determine 
that the South Coast failed to attain the 2006 PM2.5 
standard by the December 31, 2019 attainment date and described the CAA 
requirements that would apply if the EPA were to finalize the proposed 
finding of failure to attain.\7\ With today's action, we finalize this 
determination.
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    \7\ Id. at 41483.
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    In addition to our proposed finding of failure to attain, we 
proposed under CAA section 110(k)(6) to correct an error that we 
introduced into the table for California designations for the 2006 
PM2.5 NAAQS in 40 CFR 81.305.\8\ In 2016, we reclassified 
the South Coast from Moderate to Serious for the 2006 PM2.5 
standard, but we erroneously considered the lands of the Santa Rosa 
Band of Cahuilla Mission Indians in Riverside County to be part of the 
South Coast Moderate nonattainment area and revised the designation for 
those lands from unclassifiable/attainment to Serious nonattainment. We 
are finalizing our correction of this error by revising the table for 
California area designations for the 24-hour PM2.5 NAAQS to 
indicate the designation is unclassifiable/attainment for the lands of 
the Santa Rosa Band of Cahuilla Mission Indians in Riverside County.
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    \8\ Id.
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    Please see our July 10, 2020 proposed rule for more information 
about the topics summarized above.
    Since our proposed rule, we have discovered that PM2.5 
data excluded from the design values calculated at certain monitoring 
sites, and presented in Table 1 of our proposed rule, should not have 
been excluded.\9\ The monitoring sites for which 2019 design values may 
change once this issue is resolved include Rubidoux, Anaheim, South 
Long Beach, Los Angeles (Main Street), Mira Loma, Long Beach Route 710, 
and Ontario Route 60. This issue does not affect our determination that 
the South Coast failed to attain the 2006 PM2.5 NAAQS by the 
applicable attainment date because our determination needs only a 
single violating monitor over the relevant time period to be adequately 
supported, and the violating monitor at the Compton site is not 
affected by this issue. We will continue to work with the District on 
this issue as they develop the SIP revision triggered by the 
determination that we are finalizing today.
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    \9\ See email from Jennifer Williams, EPA Region IX, to Rene 
Bermudez, SCAQMD, dated August 5, 2020.
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II. Public Comments and Responses

    Our July 10, 2020 proposed rule provided a 30-day public comment 
period that closed on August 10, 2020. During this period, one 
anonymous

[[Page 57735]]

comment letter was submitted by a member of the public. The comments in 
the letter are generally supportive of the proposed determination, but 
also raise issues that are outside of the scope of this rulemaking, 
including suggestions to the State and local governments in the South 
Coast for use in developing the revised plan. The beyond-the-scope 
comments do not relate to any of the specific topics discussed in the 
proposal, nor do they address the EPA's rationale for the proposed 
determination of failure to attain. Consequently, the EPA is not 
responding to the comments and is finalizing the action as proposed. 
The comment letter we received is included in the docket for this 
action.

III. Final Action

    Under CAA sections 179(c)(1) and 188(b)(2), the EPA is taking final 
action to determine that the South Coast ``Serious'' PM2.5 
nonattainment area has failed to attain the 2006 PM2.5 NAAQS 
by the applicable attainment date of December 31, 2019. In response to 
this determination, the State of California is required under 40 CFR 
51.1003(c) to submit a revision to the SIP for the South Coast that, 
among other elements, demonstrates expeditious attainment of the NAAQS 
within the time period prescribed by 40 CFR 51.1004(a)(3) and that 
provides for annual reduction in the emissions of direct 
PM2.5 or a PM2.5 plan precursor pollutant within 
the area of not less than five percent until attainment.\10\ The SIP 
revision required under 40 CFR 51.1003(c) is due for submittal to the 
EPA no later than December 31, 2020.
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    \10\ 40 CFR 51.1003(c). The EPA defines PM2.5 plan 
precursor as those PM2.5 precursors required to be 
regulated in the applicable attainment plan and/or nonattainment new 
source review program. 40 CFR 51.1000.
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    We are also correcting an error in a previous rulemaking and 
restoring the designation of ``Unclassifiable/Attainment'' for the 2006 
PM2.5 NAAQS for the lands of the Santa Rosa Band of Cahuilla 
Mission Indians in Riverside County in the appropriate table in 40 CFR 
81.305.

IV. Statutory and Executive Order Reviews

    This action in and of itself establishes no new requirements; it 
merely documents that air quality in the South Coast did not meet the 
2006 PM2.5 NAAQS by the applicable attainment date. For that 
reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP obligations discussed herein do not apply to Indian 
tribes and thus this action will not impose substantial direct costs on 
tribal governments or preempt tribal law. Nonetheless, the EPA notified 
the tribes within the South Coast PM2.5 nonattainment area 
of the proposed action and offered formal consultation. No tribe 
requested formal consultation.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 16, 2020. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: August 28, 2020.
John Busterud,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amend chapter I, 
title 40 of the Code of Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

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


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

* * * * *
    (n) Determination of Failure to Attain: Effective October 16, 2020, 
the EPA has

[[Page 57736]]

determined that the Los Angeles-South Coast Air Basin Serious 
PM2.5 nonattainment area failed to attain the 2006 24-hour 
PM2.5 NAAQS by the applicable attainment date of December 
31, 2019. This determination triggers the requirements of CAA sections 
179(d) and 189(d) for the State of California to submit a revision to 
the California SIP for the Los Angeles-South Coast Air Basin to the EPA 
by December 31, 2020. The SIP revision must, among other elements, 
demonstrate expeditious attainment of the 2006 24-hour PM2.5 
NAAQS within the time period provided under CAA section 179(d) and that 
provides for annual reduction in the emissions of direct 
PM2.5 or a PM2.5 plan precursor pollutant within 
the area of not less than five percent until attainment.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
4. In Sec.  81.305 amend the table entitled ``California--2006 24-Hour 
PM2.5 NAAQS [Primary and Secondary]'' under the heading 
``Los Angeles-South Coast Air Basin, CA'' by revising the entry for 
``That part of the lands of the Santa Rosa Band of Cahuilla Mission 
Indians which is excluded from the Riverside County (part) 
nonattainment area'' to read as follows:


Sec.  81.305   California.

* * * * *

                                      California--24-Hour 2006 PM2.5 NAAQS
                                             [Primary and Secondary]
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                                              Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \2\              Type
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                                                  * * * * * * *
Los Angeles-South Coast Air
 Basin, CA:
 
                                                  * * * * * * *
    That part of the lands of     ..................  Unclassifiable/                         ..................
     the Santa Rosa Band of                            Attainment.
     Cahuilla Mission Indians
     which is excluded from the
     Riverside County (part)
     nonattainment area.
 
                                                  * * * * * * *
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\a\ Includes Indian County located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2020-19588 Filed 9-15-20; 8:45 am]
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