Rule2022-28278
Determination of Attainment by the Attainment Date, Clean Data Determination, and Approval of Base Year Emissions Inventory for the Imperial County, California Nonattainment Area for the 2012 Annual Fine Particulate Matter NAAQS
Primary source
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Published
January 11, 2023
Effective
February 10, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is determining that the Imperial County, California fine particulate matter (PM<INF>2.5</INF>) nonattainment area ("Imperial PM<INF>2.5</INF> nonattainment area") attained the 2012 annual PM<INF>2.5</INF> national ambient air quality standards (NAAQS or "standard") by its December 31, 2021 "Moderate" area attainment date. This determination is based upon ambient air quality monitoring data from 2019 through 2021. We are also making a clean data determination (CDD) based on our determination that preliminary air quality monitoring data from 2022 indicate the Imperial PM<INF>2.5</INF> nonattainment area continues to attain the 2012 annual PM<INF>2.5</INF> NAAQS. As a result of this CDD, certain Clean Air Act (CAA) requirements that apply to the Imperial County Air Pollution Control District (ICAPCD or "District") are suspended for so long as the area continues to meet the 2012 annual PM<INF>2.5</INF> NAAQS. The area remains nonattainment for the 2012 annual PM<INF>2.5</INF> NAAQS until the area is redesignated to attainment. The EPA is also approving a revision to California's state implementation plan (SIP) consisting of the 2012 base year emissions inventory for the Imperial PM<INF>2.5</INF> nonattainment area, submitted by the California Air Resources Board (CARB or "State") on July 18, 2018.
Full Text
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<title>Federal Register, Volume 88 Issue 7 (Wednesday, January 11, 2023)</title>
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[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Rules and Regulations]
[Pages 1515-1517]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28278]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2022-0745; FRL-10211-02-R9]
Determination of Attainment by the Attainment Date, Clean Data
Determination, and Approval of Base Year Emissions Inventory for the
Imperial County, California Nonattainment Area for the 2012 Annual Fine
Particulate Matter NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is determining that
the Imperial County, California fine particulate matter
(PM<INF>2.5</INF>) nonattainment area (``Imperial PM<INF>2.5</INF>
nonattainment area'') attained the 2012 annual PM<INF>2.5</INF>
national ambient air quality standards (NAAQS or ``standard'') by its
December 31, 2021 ``Moderate'' area attainment date. This determination
is based upon ambient air quality monitoring data from 2019 through
2021. We are also making a clean data determination (CDD) based on our
determination that preliminary air quality monitoring data from 2022
indicate the Imperial PM<INF>2.5</INF> nonattainment area continues to
attain the 2012 annual PM<INF>2.5</INF> NAAQS. As a result of this CDD,
certain Clean Air Act (CAA) requirements that apply to the Imperial
County Air Pollution Control District (ICAPCD or ``District'') are
suspended for so long as the area continues to meet the 2012 annual
PM<INF>2.5</INF> NAAQS. The area remains nonattainment for the 2012
annual PM<INF>2.5</INF> NAAQS until the area is redesignated to
attainment. The EPA is also approving a revision to California's state
implementation plan (SIP) consisting of the 2012 base year emissions
inventory for the Imperial PM<INF>2.5</INF> nonattainment area,
submitted by the California Air Resources Board (CARB or ``State'') on
July 18, 2018.
DATES: This rule is effective February 10, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0745. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3964, or by email at <a href="/cdn-cgi/l/email-protection#52243335373c33217c353b3c353720123722337c353d24"><span class="__cf_email__" data-cfemail="23554244464d42500d444a4d444651634653420d444c55">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
For the reasons discussed in the proposed rulemaking, the EPA
proposed to determine that the Imperial PM<INF>2.5</INF> nonattainment
area attained the 2012 annual PM<INF>2.5</INF> NAAQS by its December
31, 2021 attainment date. We explained that, if finalized, this action
would fulfill the EPA's statutory obligation to determine whether the
Imperial PM<INF>2.5</INF> nonattainment area attained the NAAQS by the
attainment date.
As provided in 40 CFR 51.1015, we also proposed a CDD. We noted
that if the EPA finalized the proposal, the requirements for this area
to submit an attainment demonstration, associated reasonably available
control measures (RACM), reasonable further progress (RFP) plan,
contingency measures, and any other SIP revisions related to the
attainment of the 2012 annual PM<INF>2.5</INF> NAAQS, would be
suspended so long as the Imperial PM<INF>2.5</INF> nonattainment area
continues to meet the standard. We also explained that a CDD does not
constitute a redesignation to attainment, and that the Imperial
PM<INF>2.5</INF> nonattainment area will remain designated
nonattainment for the 2012 annual PM<INF>2.5</INF> NAAQS until such
time as the EPA determines, pursuant to sections 107 and 175A of the
CAA, that the Imperial PM<INF>2.5</INF> nonattainment area meets the
CAA requirements for redesignation to attainment, including an approved
maintenance plan showing that the area will continue to meet the
standard for 10 years.
Finally, we proposed to approve the 2012 base year emissions
inventory submitted by the State on July 18, 2018, as part of the
``Imperial County 2018 Annual Particulate Matter Less Than 2.5 Microns
In Diameter State Implementation Plan,'' (``Imperial PM<INF>2.5</INF>
Plan''), as meeting the requirements of CAA section 172(c)(3). As
authorized in section 110(k)(3) of the Act, the EPA proposed to approve
the submitted base year emissions inventory because we believe it
fulfills all relevant requirements.
As described in Section I.B of the proposal, the EPA's May 7, 2018
finding of failure to submit triggered an obligation for the EPA to
issue a federal implementation plan (FIP). The District and CARB
ultimately fulfilled their obligation to submit a plan, but because the
EPA has not issued a final approval of the Imperial PM<INF>2.5</INF>
Plan and because the nonattainment plan requirements continued to
apply, our obligation to promulgate a FIP remained in place. We noted
that if we finalized the proposed CDD, the District's and State's
nonattainment planning obligations, except the requirement for a base
year emissions inventory and new source review, would be suspended.\1\
If, in addition to making a CDD, we were to finalize our proposed
approval of the base year emissions inventory, the EPA's FIP obligation
would be suspended until such time as the CDD is rescinded.\2\
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\1\ See Section I.D. of the proposed rulemaking.
\2\ On August 26, 2019, the EPA approved ICAPCD's amended Rule
207, ``New and Modified Stationary Source Review'' as meeting
applicable CAA requirements for New Source Review. 84 FR 44545.
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Please see our proposed rulemaking for more information concerning
the background for this action and for a
[[Page 1516]]
more detailed discussion of the rationale for these actions.
II. Public Comment
The public comment period on the proposed rulemaking opened on
September 20, 2022, the date of its publication in the Federal
Register, and closed on November 21, 2022. We received one non-germane
public comment, which is posted in the docket for this action.
III. Final Action
For the reasons discussed in detail in the proposed rulemaking and
summarized herein, the EPA is taking final action under CAA sections
179(c)(1) and 188(b)(2) to determine that the Imperial PM<INF>2.5</INF>
nonattainment area attained the 2012 annual PM<INF>2.5</INF> NAAQS by
its December 31, 2021 attainment date. This action fulfills the EPA's
statutory obligation under CAA sections 179(c)(1) and 188(b)(2) to
determine whether the Imperial PM<INF>2.5</INF> nonattainment area
attained the NAAQS by the attainment date.
Preliminary data available in EPA's Air Quality System (AQS) for
2022 (January through June) indicate that the area continues to show
concentrations consistent with attainment of the 2012 annual
PM<INF>2.5</INF> standard; therefore, as provided in 40 CFR 51.1015, we
are also finalizing our CDD.\3\ Consequently, the requirements for this
area to submit an attainment demonstration, associated RACM, RFP plan,
contingency measures, and any other SIP revisions related to the
attainment of the 2012 annual PM<INF>2.5</INF> NAAQS, will be suspended
so long as this area continues to meet the standard. This CDD does not
constitute a redesignation to attainment. The Imperial PM<INF>2.5</INF>
nonattainment area will remain designated nonattainment for the 2012
annual PM<INF>2.5</INF> NAAQS until such time as the EPA determines,
pursuant to sections 107 and 175A of the CAA, that the Imperial
PM<INF>2.5</INF> nonattainment area meets the CAA requirements for
redesignation to attainment, including an approved maintenance plan
showing that the area will continue to meet the standard for 10 years.
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\3\ AQS Design Value Report (AMP480), dated December 6, 2022
(User ID: STSAI Report Request ID: 2061805).
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We are also approving the Imperial PM<INF>2.5</INF> Plan's 2012
base year emissions inventory as meeting the requirements of CAA
section 172(c)(3). As authorized in section 110(k)(3) of the Act, the
EPA is approving the submitted base year emissions inventory based on
our determination that it fulfills all relevant requirements.
As described in Section I.B of proposed rulemaking, the EPA's May
7, 2018 finding of failure to submit triggered an obligation for the
EPA to issue a FIP. The District and CARB ultimately fulfilled their
obligation to submit a plan, but because the EPA had not issued a final
approval of the Imperial PM<INF>2.5</INF> Plan and because the
nonattainment plan requirements continued to apply, our obligation to
promulgate a FIP remained in place. As a result of this CDD, the
District's and State's nonattainment planning obligations, except the
requirement for a base year emissions inventory and new source review,
are suspended.\4\ In addition, as a result of our approval of the base
year emissions inventory and our previous new source review approval,
the EPA's FIP obligation will be suspended until such time as the EPA
determines that the area has reviolated the PM<INF>2.5</INF> NAAQS and
rescinds the CDD.
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\4\ See Section I.D. of the proposed rulemaking.
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IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This rule does not impose any new information collection burden
under the PRA not already approved by the Office of Management and
Budget. This action finds that the Imperial PM<INF>2.5</INF>
nonattainment area attained the 2012 PM<INF>2.5</INF> NAAQS by the
applicable attainment date, determines the area has clean data, and
approves the base year emissions inventory. Thus, this action does not
establish any new information collection burden that has not already
been identified and approved in the EPA's information collection
request.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. The approval
of the emissions inventory, the determination that the Imperial
PM<INF>2.5</INF> nonattainment area attained by its attainment date,
and the CDD for the 2012 PM<INF>2.5</INF> NAAQS does not in and of
itself create any new requirements beyond what is mandated by the CAA.
Instead, this rulemaking only makes factual determinations, and does
not directly regulate any entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states and tribes, or on the
distribution of power and responsibilities among the various levels of
government. The division of responsibility between the Federal
Government and the states for the purposes of implementing the NAAQS is
established under the CAA.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications. It will neither
impose substantial direct compliance costs on federally recognized
tribal governments, nor preempt tribal law. There are no tribes
affected by this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
[[Page 1517]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (E.O.) 12898 (59 FR 7629 (Feb. 16, 1994))
establishes federal executive policy on environmental justice. Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. The EPA's
evaluation of this issue is contained in the section of the preamble to
the proposed rule titled ``Environmental Justice Considerations.''
K. Congressional Review Act (CRA)
This rule is exempt from the CRA because it is a rule of particular
applicability. The rule makes factual determinations for specific
entities and does not directly regulate any entities. The determination
of attainment, clean data determination, and emission inventory
approval do not in themselves create any new requirements beyond what
is mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 13, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications,
Intergovernmental relations, Nitrogen oxides, Particulate matter,
Reporting and recordkeeping requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 21, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraph (c)(593) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(593) The following plan was submitted on July 18, 2018, by the
Governor's designee, as an attachment to a letter dated July 16, 2018.
(i) [Reserved]
(ii) Additional materials. (A) Imperial County Air Pollution
Control District.
(1) ``Imperial County 2018 Annual Particulate Matter Less Than 2.5
Microns In Diameter State Implementation Plan,'' adopted April 24,
2018, Chapter 3 (``Emissions Inventory'') excluding: Table 3-9a
(``Direct PM<INF>2.5</INF> and PM<INF>2.5</INF> Precursor Emissions by
Major Source Category in the Imperial County PM<INF>2.5</INF>
Nonattainment Area, 2019 (Annual)''); Table 3-9b (``Condensible and
Filterable PM<INF>2.5</INF> Emissions by Major Source Category in the
Imperial County PM<INF>2.5</INF> Nonattainment Area, 2019 (Annual)'');
Table 3-10a (``Direct PM<INF>2.5</INF> and PM<INF>2.5</INF> Precursor
Emissions by Major Source Category in the Imperial County
PM<INF>2.5</INF> Nonattainment Area, 2021 (Annual)''); Table 3-10b
(``Condensible and Filterable PM<INF>2.5</INF> Emissions by Major
Source Category in the Imperial County PM<INF>2.5</INF> Nonattainment
Area, 2021 (Annual)''); Table 3-11a (``Direct PM<INF>2.5</INF> and
PM<INF>2.5</INF> Precursor Emissions by Major Source Category in the
Imperial County PM<INF>2.5</INF> Nonattainment Area, 2022 (Annual)'');
Table 3-11b (``Condensible and Filterable PM<INF>2.5</INF> Emissions by
Major Source Category in the Imperial County PM<INF>2.5</INF>
Nonattainment Area, 2022 (Annual)''); and Section 3.17 (``Evaluation of
Significant Precursors'').
(2) [Reserved]
(B) [Reserved]
0
3. Section 52.247 is amended by adding paragraph (q) to read as
follows:
Sec. 52.247 Control strategy and regulations: Fine Particle Matter.
* * * * *
(q) Determination of attainment. Effective February 10, 2023, the
EPA has determined that, based on 2019 to 2021 ambient air quality
data, the Imperial County PM<INF>2.5</INF> nonattainment area has
attained the 2012 annual PM<INF>2.5</INF> NAAQS. Under the provisions
of the EPA's PM<INF>2.5</INF> implementation rule (see 40 CFR 51.1015),
this determination suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment for as long as this area
continues to attain the 2012 annual PM<INF>2.5</INF> NAAQS. If the EPA
determines, after notice-and-comment rulemaking, that this area no
longer meets the 2012 annual PM<INF>2.5</INF> NAAQS, the corresponding
determination of attainment for that area shall be withdrawn.
[FR Doc. 2022-28278 Filed 1-10-23; 8:45 am]
BILLING CODE 6560-50-P
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