Rule2023-14688
Second 10-Year Maintenance Plan for the Coso Junction PM-10 Planning Area; California
Primary source
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Published
July 13, 2023
Effective
August 14, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve the "Coso Junction PM<INF>10</INF> Planning Area Second 10-Year Maintenance Plan" ("Coso Junction Second Maintenance Plan" or "Plan") as a revision to the state implementation plan (SIP) for the State of California. The Coso Junction Second Maintenance Plan includes, among other elements, a base year emissions inventory, a maintenance demonstration, and contingency provisions. The EPA is finalizing this action because the SIP revision meets the applicable statutory and regulatory requirements for such plans. The EPA is also taking final action to find the contribution of motor vehicle emissions to the area's continued attainment of the 1987 PM<INF>10</INF> standards to be insignificant. Once this insignificance finding is finalized, the area will not have to complete a regional emissions analysis for any transportation conformity determinations necessary for the Coso Junction Planning Area (CJPA).
Full Text
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<title>Federal Register, Volume 88 Issue 133 (Thursday, July 13, 2023)</title>
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[Federal Register Volume 88, Number 133 (Thursday, July 13, 2023)]
[Rules and Regulations]
[Pages 44707-44710]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14688]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0972; FRL-10529-02-R9]
Second 10-Year Maintenance Plan for the Coso Junction PM-10
Planning Area; California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the ``Coso Junction PM<INF>10</INF> Planning Area
Second 10-Year Maintenance Plan'' (``Coso Junction Second Maintenance
Plan'' or ``Plan'') as a revision to the state implementation plan
(SIP) for the State of California. The Coso Junction Second Maintenance
Plan includes, among other elements, a base year emissions inventory, a
maintenance demonstration, and contingency provisions. The EPA is
finalizing this action because the SIP revision meets the applicable
statutory and regulatory requirements for such plans. The EPA is also
taking final action to find the contribution of motor vehicle emissions
to the area's continued attainment of the 1987 PM<INF>10</INF>
standards to be insignificant. Once this insignificance finding is
finalized, the area will not have to complete a regional emissions
analysis for any transportation conformity determinations necessary for
the Coso Junction Planning Area (CJPA).
DATES: This rule is effective August 14, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA- EPA-R09-OAR-2022-0972. 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
[[Page 44708]]
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. If you need assistance
in a language other than English or if you are a person with a
disability who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: Lindsay Wickersham, Planning Section
(AIR-2-1), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105,
(415) 947-4192, or by email at <a href="/cdn-cgi/l/email-protection#ea9d8389818f9899828b87c48683848e998b93aa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="d6a1bfb5bdb3a4a5beb7bbf8babfb8b2a5b7af96b3a6b7f8b1b9a0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of Proposed Rule
II. Public Comments and EPA Responses
III. Air Quality Conditions Since Proposal
IV. Environmental Justice Considerations
V. Final Action
VI. Statutory and Executive Order Reviews
I. Summary of Proposed Rule
On March 30, 2023, the EPA proposed to approve the Coso Junction
Second Maintenance Plan prepared by the Great Basin Unified Air
Pollution Control District (GBUAPCD) and submitted by the California
Air Resources Board (CARB) on October 21, 2021, as a revision to the
California SIP.\1\ In doing so, we proposed to find that the Coso
Junction Second Maintenance Plan adequately demonstrates that the CJPA
will maintain the 1987 annual national ambient air quality standards
(NAAQS or ``standards'') for particulate matter of ten microns or less
(PM<INF>10</INF>) through the year 2030 (i.e., for more than 10 years
beyond the first 10-year maintenance period), with the maintenance
period ending on October 4, 2030. We also proposed to find that the
Plan includes sufficient contingency provisions to promptly correct any
violation of the PM<INF>10</INF> standards that may occur. Lastly, we
proposed to find that motor vehicle related PM<INF>10</INF> emissions
do not contribute significantly to the PM<INF>10</INF> air quality
problem in the CJPA based on consideration of the factors identified in
Sec. 93.109(f) of the EPA's transportation conformity regulations.\2\
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\1\ 88 FR 19034.
\2\ 40 CFR part 93.
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The EPA announced the availability of the Plan and motor vehicle
emissions insignificance finding on the EPA's transportation conformity
website on April 3, 2023, and requested comments by May 3, 2023. We
received no comments in response to the adequacy review posting.
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period
that ended on May 1, 2023. We received no comments on our proposal
during the comment period.
III. Air Quality Conditions Since Proposal
As part of our proposal, we evaluated complete, quality-assured,
and certified, data available at the time (i.e., through 2021).\3\
These data indicated that there had been four exceedances of the
PM<INF>10</INF> NAAQS in the CJPA between 2018 and 2020. The District
and CARB provided information to the EPA about the September 7, 2020
exceedance that explained that the exceedance was not within the
State's control.\4\ As conveyed in the EPA's concurrence letter, we
concurred that, based on the weight of evidence, the September 7, 2020
exceedance was caused by an exceptional event due to the Creek Fire in
the Sierra National Forest and the SQF Complex wildfire in the Sequoia
National Forest.\5\ Based on a review of air quality data during the
three-year period covered by the Plan (2018-2020) and excluding the
exceedance flagged by CARB and GBUAPCD and concurred with by the EPA as
an exceptional event, we find that the 2020 design value for the Coso
Junction PM<INF>10</INF> nonattainment area is 1.0 and that the area
maintained the PM<INF>10</INF> standards in that year.
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\3\ 88 FR 19034, 19036.
\4\ Email dated August 24, 2021, from Candace Clawson, CARB, to
Michael Benjamin, CARB, Subject: ``CARB letter to EPA GBUAPCD
PM<INF>10</INF>NEE_signed, EPA Cvr Ltr--2021 2nd Maint. Plan-EE
Submittal-2021073_signed and GBUAPCD Exceptional Event Demonstration
September 7 2020 FINAL,'' with three attachments. While submitted by
CARB, the demonstrations and addendums were developed through a
joint effort by CARB and the GBUAPCD.
\5\ Email dated July 12, 2022, from Anna Mebust, EPA Region IX,
to Sylvia Vanderspek, CARB, Subject: ``EPA Concurrence on 2020 PM10
Wildfire Exceptional Event,'' with attachments,
``DD_Concurrence_Letter.pdf;''
``CosoJunctionWildfirePM<INF>10</INF>_ConcurrenceTSD.pdf.''
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In 2021, there were three additional exceedances of the
PM<INF>10</INF> NAAQS in the area. These additional exceedances in 2021
caused the number of exceedances recorded at the air monitor averaged
over three consecutive years (i.e., 2019-2021) to be greater than 1.05.
However, we do not think these data contradict the EPA's finding that
the State's plan provides for maintenance of the PM<INF>10</INF> NAAQS
under section 175A(b) of the Clean Air Act (CAA). The District and CARB
provided information to the EPA about the six exceedances that occurred
in 2019-2021 that explained that three of the exceedances were not
within the State's nor District's control.\6\ The information provided
indicates that the September 7, 2020, September 19, 2021, and September
27, 2021 exceedances were all caused by wildfire smoke. The EPA has
reviewed the information provided by the State regarding the 2019-2021
exceedances, and we agree that this information does not call into
question the EPA's proposed approval of the Coso Junction Second
Maintenance Plan as providing for maintenance of the PM<INF>10</INF>
NAAQS. We note as well that the State's analysis and the EPA's
evaluation are consistent with the proposed changes to the maintenance
plan that the EPA is approving in this final action to evaluate data
that may have been influenced by certain events in determining whether
contingency provisions should be triggered.
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\6\ Submitted via email on September 1, 2022, from Sylvia
Vanderspek, CARB to Gwen Yoshimura, EPA Region IX, Subject: ``FW:
Coso Junction Initial Notification Forms for 2nd PM<INF>10</INF> MP
Contingency,'' with attachments, ``INI 2010-2020 Coso Junction
PM<INF>10</INF>.pdf,'' ``Discussion of PM<INF>10</INF> Exceedances
at Coso Junction 2010 through 2021.pdf,'' ``INI 2021 Coso Junction
PM<INF>10</INF>.pdf,'' and ``Coso Junction 2021 Wildfire Smoke
Exceedances.pdf.''
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As part of this final action, we evaluated complete, quality-
assured, and certified data available for 2022.\7\ These data indicated
that there had been one exceedance of the PM<INF>10</INF> NAAQS in the
CJPA in 2022.\8\ Given the EPA's agreement that the 2021 exceedances do
not call into question the EPA's proposal to approve the Coso Junction
Second Maintenance Plan as providing for maintenance of the NAAQS, the
State is not required at this time to submit additional information and
analyses for the 2022 exceedance, because such exceedance, without the
2021 exceedances, would not on its own cause a violation of the NAAQS.
Upon the effective date of this final action, if additional exceedances
occur in 2023 or a later year such that the number of exceedances
averaged over three
[[Page 44709]]
consecutive years is greater than 1.05, per Section 7 of the Plan, the
State will be required to submit information regarding those
exceedances if it wishes to request that the exceedances be excluded
from the contingency trigger calculation. The EPA will review such
information and will notify the State whether the contingency
provisions have been triggered per the schedule outlined in the Plan.
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\7\ Email dated May 1, 2023, from Fletcher Clover, EPA Region
IX, to Chris Howard, GBUAPCD, Subject: ``RE: Great Basin Unified
APCD Ambient Air Monitoring Data Certification for 2022,'' with
attachments, ``Great Basin 2022 AQS data certification--
AMP450NC_2102387 with EPA concurrence flags.pdf'' and ``Great Basin
2022 AQS data certification--AMP600_2102385 with EPA concurrence
flags.pdf.''
\8\ EPA Air Quality System Design Value Report, AMP480, accessed
May 9, 2023 (User ID: STSAI, Report Request ID: 2104344).
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IV. Environmental Justice Considerations
As described in detail in our proposal, the EPA reviewed
demographic data, which provides an assessment of individual
demographic groups of the populations living within the southwest
portions of Inyo County.\9\ The EPA then compared the data to the
corresponding data for the United States as a whole for each of the
demographic groups. The results of this analysis are being provided for
informational and transparency purposes.
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\9\ 88 FR 19034, 19044.
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This final action approves the Coso Junction Second Maintenance
Plan, which provides for the continued maintenance of the
PM<INF>10</INF> NAAQS. We expect that this action will generally be
neutral or contribute to reduced environmental and health impacts on
all populations in the CJPA, including people of color and low-income
populations. Further, there is no information in the record indicating
that this action is expected to have disproportionately high or adverse
human health or environmental effects on a particular group of people.
V. Final Action
For the reasons discussed in our proposed action and herein, the
EPA is taking final action to approve the Coso Junction Second
Maintenance Plan, submitted by CARB on October 20, 2021, as a revision
to the California SIP. We are approving the maintenance demonstration
and contingency provisions as meeting all of the applicable
requirements for maintenance plans and related contingency provisions
in CAA section 175A, and we are finalizing an insignificance finding
for motor vehicle emissions in the CJPA.
VI. Statutory and Executive Order Reviews
Under the CAA, 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> 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 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 CAA.
In addition, there are no areas of Indian country within the CJPA,
and the State plan 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The air agency did not evaluate EJ considerations as part of its
SIP submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. The EPA's evaluation of
environmental justice is described in the section of this document
titled, ``Environmental Justice Considerations.'' The analysis was done
for the purpose of providing additional context and information about
this rulemaking to the public, not as a basis of the action. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
In addition, there is no information in the record upon which this
decision is based that is inconsistent with the stated goal of E.O.
12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the
CAA, petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by September
11, 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
[[Page 44710]]
and recordkeeping requirements, Sulfur dioxide, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 3, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, 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 52.220 is amended by adding paragraph (c)(603) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(604) The following plan was submitted electronically on October
21, 2021, by the Governor's designee as an attachment to a letter dated
October 20, 2021.
(i) [Reserved]
(ii) Additional materials. (A) Great Basin Unified Air Pollution
Control District.
(1) Coso Junction PM<INF>10</INF> Planning Area Second 10-Year
Maintenance Plan, adopted on September 23, 2021.
(2) [Reserved]
(B) [Reserved]
[FR Doc. 2023-14688 Filed 7-12-23; 8:45 am]
BILLING CODE 6560-50-P
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