Proposed Rule2024-27517
Clean Data Determination and Proposed Approval of Base Year Emissions Inventory; California; Los Angeles-South Coast Air Basin; 189(d) Plan for the 2006 24-Hour PM2.5 NAAQS
Primary source
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Published
November 25, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to make a clean data determination (CDD) for the Los Angeles-South Coast Air Basin ("South Coast") air quality planning area in California based on our determination that the area is attaining the 2006 fine particle (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS). If we finalize this CDD, certain Clean Air Act (CAA) requirements that apply to the South Coast Air Quality Management District (SCAQMD or "District") will be suspended for so long as the area continues to meet the 2006 24-hour PM<INF>2.5</INF> NAAQS. The EPA is also proposing to approve a revision to California's state implementation plan (SIP) consisting of the 2018 base year emissions inventory for the South Coast PM<INF>2.5</INF> nonattainment area, submitted by the California Air Resources Board (CARB) on December 29, 2020. We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 89 Issue 227 (Monday, November 25, 2024)</title>
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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Proposed Rules]
[Pages 92873-92881]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27517]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0472; FRL-12322-01-R9]
Clean Data Determination and Proposed Approval of Base Year
Emissions Inventory; California; Los Angeles-South Coast Air Basin;
189(d) Plan for the 2006 24-Hour PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make
a clean data determination (CDD) for the Los Angeles-South Coast Air
Basin (``South Coast'') air quality planning area in California based
on our determination that the area is attaining the 2006 fine particle
(PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS). If
we finalize this CDD, certain Clean Air Act (CAA) requirements that
apply to the South Coast Air Quality Management District (SCAQMD or
``District'') will be suspended for so long as the area continues to
meet the 2006 24-hour PM<INF>2.5</INF> NAAQS. The EPA is also proposing
to approve a revision to California's state implementation plan (SIP)
consisting of the 2018 base year emissions inventory for the South
Coast PM<INF>2.5</INF> nonattainment area, submitted by the California
Air Resources Board (CARB) on December 29, 2020. We are taking comments
on this proposal and plan to follow with a final action.
DATES: Comments must be received on or before December 26, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0472 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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: Ashley Graham, Geographic Strategies
and Modeling Section (AIR-2-2), EPA Region IX, 75 Hawthorne Street, San
Francisco, CA 94105; phone: (415) 972-3877; email:
<a href="/cdn-cgi/l/email-protection#c2a5b0a3aaa3afeca3b1aaaea7bbb082a7b2a3eca5adb4"><span class="__cf_email__" data-cfemail="e98e9b88818884c7889a81858c909ba98c9988c78e869f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. PM<INF>2.5</INF> NAAQS
B. South Coast PM<INF>2.5</INF> Designations, Classifications,
and SIP Revisions
C. Clean Air Act Requirements for PM<INF>2.5</INF> Nonattainment
Areas That Fail To Attain by the Serious Area Attainment Date
D. The EPA's Clean Data Policy
II. The EPA's Proposed Clean Data Determination
A. Monitoring Network Review, Quality Assurance, and Data
Completeness
B. The EPA's Evaluation of Attainment
III. Review of the 2018 Base Year Emissions Inventory in the South
Coast PM<INF>2.5</INF> Plan
A. Statutory and Regulatory Requirements
B. Base Year Emissions Inventory in the Plan
C. The EPA's Evaluation
IV. Environmental Justice Considerations
V. The EPA's Proposed Action
VI. Statutory and Executive Order Reviews
I. Background
A. PM2.5 NAAQS
Under section 109 of the CAA, the EPA has established NAAQS for
certain pervasive air pollutants (referred to as ``criteria
pollutants'') and conducts periodic reviews of the NAAQS to determine
whether the EPA should revise or establish new NAAQS to protect public
health.
The EPA first established annual and 24-hour NAAQS for
PM<INF>2.5</INF> on July 18, 1997.\1\ The 24-hour primary and secondary
standards were set at 65 [mu]g/m\3\ based on the three-year average of
the 98th percentile of 24-hour PM<INF>2.5</INF> concentrations at each
monitoring site within an area.\2\ On September 21, 2006, the EPA
strengthened the 24-hour PM<INF>2.5</INF> NAAQS to provide increased
protection of public health, revising the level of the standard to 35
[mu]g/m\3\.\3\ Since then, the EPA has also revised the level of the
primary annual PM<INF>2.5</INF> NAAQS, which is currently set at 9.0
[mu]g/m\3\.\4\
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\1\ 62 FR 38652.
\2\ 40 CFR 50.7.
\3\ 71 FR 61144 (October 17, 2006) and 40 CFR 50.13. Unless
otherwise noted, all references to the PM<INF>2.5</INF> NAAQS in
this document are to the 2006 24-hour PM<INF>2.5</INF> NAAQS of 35
[mu]g/m\3\, codified at 40 CFR 50.13.
\4\ In December 2012, the EPA announced its decision to revise
the level of the primary annual PM<INF>2.5</INF> NAAQS to 12.0
[mu]g/m\3\ (78 FR 3086, January 15, 2013). On February 7, 2024, the
EPA announced its decision to revise the level of the primary annual
PM<INF>2.5</INF> NAAQS once more to 9.0 [mu]g/m\3\ (89 FR 16202,
March 6, 2024).
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The EPA established each of the PM<INF>2.5</INF> NAAQS after
considering substantial evidence from numerous health studies
demonstrating that serious health effects are associated with exposures
to PM<INF>2.5</INF> concentrations above these levels. Epidemiological
studies have shown statistically significant correlations
[[Page 92874]]
between elevated PM<INF>2.5</INF> levels and premature mortality. Other
important health effects associated with PM<INF>2.5</INF> 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 dates), changes
in lung function and increased respiratory symptoms, and new evidence
for more subtle indicators of cardiovascular health. Individuals
particularly sensitive to PM<INF>2.5</INF> exposure include older
adults, people with heart and lung disease, and children.\5\
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\5\ 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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PM<INF>2.5</INF> can be particles emitted by sources directly into
the atmosphere as a solid or liquid particle (``primary
PM<INF>2.5</INF>'' or ``direct PM<INF>2.5</INF>'') or can be particles
that form in the atmosphere as a result of various chemical reactions
from PM<INF>2.5</INF> precursor emissions emitted by sources
(``secondary PM<INF>2.5</INF>''). The EPA has identified the precursors
of PM<INF>2.5</INF> to be oxides of nitrogen (``NO<INF>X</INF>''),
sulfur oxides (``SO<INF>X</INF>''), volatile organic compounds
(``VOC''), and ammonia.\6\
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\6\ For example, see 72 FR 20586, 20589 (April 25, 2007).
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B. South Coast PM2.5 Designations, Classifications, and SIP Revisions
The South Coast PM<INF>2.5</INF> nonattainment area is home to
approximately 17 million people, has a diverse economic base, and
contains one of the highest-volume port areas in the world. For a
precise description of the geographic boundaries of the South Coast
PM<INF>2.5</INF> nonattainment area, see 40 CFR 81.305. The local air
district with primary responsibility for developing a plan to attain
the 2006 24-hour PM<INF>2.5</INF> NAAQS in this area is the SCAQMD. The
District works cooperatively with 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.
Following promulgation of a new or revised NAAQS, the EPA is
required by CAA section 107(d) to designate areas throughout the nation
as attaining or not attaining the NAAQS. Effective December 14, 2009,
the EPA designated the South Coast as nonattainment for the 2006 24-
hour PM<INF>2.5</INF> standards.\7\ On June 2, 2014, the EPA classified
the South Coast area as ``Moderate'' nonattainment for the 2006 24-hour
PM<INF>2.5</INF> NAAQS under subpart 4 of part D, title I of the
Act.\8\
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\7\ 74 FR 58688 (November 13, 2009).
\8\ 79 FR 31566.
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On January 13, 2016, the EPA reclassified the South Coast area as a
``Serious'' nonattainment area based on our determination that the area
could not practicably attain the 2006 24-hour PM<INF>2.5</INF> NAAQS by
the area's December 31, 2015 attainment date.\9\ 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 24-hour
PM<INF>2.5</INF> 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).\10\ California
submitted a plan addressing the Serious area attainment planning
requirements for the 2006 24-hour PM<INF>2.5</INF> NAAQS in the South
Coast on April 27, 2017,\11\ and the EPA approved the Serious area plan
on February 12, 2019.\12\
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\9\ 81 FR 1514.
\10\ Id.
\11\ Letter dated April 27, 2017, from Richard Corey, Executive
Officer, CARB, to Alexis Strauss, Acting Regional Administrator, EPA
Region IX.
\12\ 84 FR 3305.
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Effective October 16, 2020, the EPA determined, based on air
quality monitoring data from 2017 through 2019, that the South Coast
nonattainment area failed to attain the 2006 24-hour PM<INF>2.5</INF>
NAAQS by the December 31, 2019 Serious area attainment date.\13\ As a
result of this determination, California was required to submit a
revision to the California SIP that, among other elements, provided for
a five percent annual reduction in emissions of direct PM<INF>2.5</INF>
or a PM<INF>2.5</INF> plan precursor pollutant. In accordance with
sections 179(d)(3) and 172(a)(2) of the CAA and 40 CFR 51.1004(a)(3),
the revised plan was required to demonstrate attainment of these NAAQS
as expeditiously as practicable and no later than 5 years from the
effective date of the EPA's prior determination that the area failed to
attain (i.e., by October 16, 2025), except that the EPA may extend the
attainment date to a date no later than 10 years from the effective
date of this determination (i.e., to October 16, 2030), ``considering
the severity of nonattainment and the availability and feasibility of
pollution control measures.'' \14\
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\13\ 85 FR 57733 (September 16, 2020).
\14\ Id. at 57735.
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On December 29, 2020, California submitted to the EPA the ``Final
South Coast Air Basin Attainment Plan for 2006 24-hour PM<INF>2.5</INF>
Standard,'' (``South Coast PM<INF>2.5</INF> Plan'' or ``Plan'') adopted
by SCAQMD on December 4, 2020, and adopted by CARB on December 21,
2020.<SUP>15 16</SUP> The PM<INF>2.5</INF> Plan was intended to address
the requirements resulting from the September 16, 2020 finding of
failure to attain and included the State's demonstration that the South
Coast Air Basin would attain the 2006 24-hour PM<INF>2.5</INF> NAAQS by
December 31, 2023.\17\ As part of this action, as discussed in Section
III of this document, the EPA is proposing to approve the base year
emissions inventory in the South Coast PM<INF>2.5</INF> Plan as meeting
the requirements of CAA section 172(c)(3) and 40 CFR 51.1008(c)(1). The
EPA is not proposing action on the remaining elements of the Plan and
will do so through subsequent rulemaking, as appropriate.
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\15\ Letter dated December 28, 2020, from Richard W. Corey,
Executive Officer, CARB, to John W. Busterud, Regional
Administrator, EPA Region 9, with enclosures (submitted
electronically December 29, 2020).
\16\ CARB Executive Order S-20-33, ``South Coast
PM<INF>2.5</INF> SIP Revision Submittal.''
\17\ Id.
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C. Clean Air Act Requirements for PM2.5 Nonattainment Areas That Fail
To Attain by the Serious Area Attainment Date
The general CAA part D nonattainment area planning requirements are
found in subpart 1 and the nonattainment area planning requirements
specific to particulate matter are found in subpart 4. The subpart 1
statutory requirements for attainment plans include the following: the
section 172(c)(1) requirements for reasonably available control
measures (RACM)/reasonably available control technology and attainment
demonstrations; the section 172(c)(2) requirement to demonstrate
reasonable further progress (RFP); the section 172(c)(3) requirement
for emissions inventories; the section 172(c)(5) requirements for a
nonattainment new source review permitting program; and the section
172(c)(9) requirement for contingency measures.
The more specific subpart 4 statutory requirements for a Serious
PM<INF>2.5</INF> nonattainment area that has failed to attain the
PM<INF>2.5</INF> NAAQS by the applicable attainment date, such as the
South Coast area, include the requirements under CAA section 189(d)
that the State submit an attainment plan revision that, among other
things, demonstrates expeditious attainment of the NAAQS within the
time period provided under CAA section 179(d)(3) and provides for
annual reductions in emissions of direct PM<INF>2.5</INF> or a
PM<INF>2.5</INF> plan
[[Page 92875]]
precursor pollutant within the area of not less than five percent per
year from the most recent emissions inventory for the area until
attainment.\18\
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\18\ CAA section 189(d), 40 CFR 51.1004(a)(3), and 40 CFR
51.1010(c).
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In addition to the requirement to submit control measures providing
for a five percent reduction in emissions of certain pollutants on an
annual basis, the EPA interprets CAA section 189(d) as requiring a
state to submit an attainment plan that includes the same basic
statutory plan elements that are required for other attainment
plans.\19\ Specifically, such plan submission must include a
comprehensive, accurate, current inventory of actual emissions from all
sources of PM<INF>2.5</INF> and PM<INF>2.5</INF> precursors in the
area, and must address requirements for an attainment plan control
strategy, attainment demonstration, reasonable further progress,
quantitative milestones, contingency measures, and nonattainment new
source review.\20\
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\19\ 81 FR 58010, 58098 (August 24, 2016).
\20\ 40 CFR 51.1003(c)(1).
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To support implementation of the PM<INF>2.5</INF> NAAQS, the EPA
promulgated the ``Fine Particle Matter National Ambient Air Quality
Standard: State Implementation Plan Requirements; Final Rule''
(``PM<INF>2.5</INF> Implementation Rule'').\21\ The PM<INF>2.5</INF>
Implementation Rule provides additional regulatory requirements and
interpretive guidance on the statutory SIP requirements that apply to
areas designated nonattainment for the PM<INF>2.5</INF> NAAQS,
including the 2006 24-hour PM<INF>2.5</INF> NAAQS at issue in this
proposal.
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\21\ 81 FR 58010.
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D. The EPA's Clean Data Policy
Under the EPA's longstanding Clean Data Policy, which was
reaffirmed in the PM<INF>2.5</INF> Implementation Rule at 40 CFR
51.1015, when an area has attained the relevant PM<INF>2.5</INF>
standard(s), the EPA may issue a CDD (also sometimes referred to as a
determination of attainment for the purposes of the Clean Data Policy)
after notice and comment rulemaking determining that a specific area is
attaining the relevant standard(s). A CDD is not linked to any
particular attainment deadline and is not necessarily equivalent to a
determination that an area has attained the standard by its applicable
attainment deadline.
The effect of a CDD is to suspend the requirement for the area to
submit an attainment demonstration, RACM, an RFP plan, contingency
measures, and any other planning requirements related to attainment for
as long as the area continues to attain the standard.\22\ With respect
to the attainment demonstration requirements of section 189(d) of the
CAA, the EPA finds that if an area already has air quality monitoring
data demonstrating attainment of the standard, under the Clean Data
Policy, there is no need for the area to make a further submittal
containing additional measures to achieve attainment, nor is there a
need for the area to perform future modeling to show how the area will
achieve attainment.\23\ Similarly, the EPA interprets the CAA as not
requiring the submittal of RFP and associated quantitative milestones
for areas that are already attaining the NAAQS. For areas that are
attaining the NAAQS, showing that the state will make RFP towards
attainment has no meaning. Similar reasoning applies to other SIP
submittal requirements that are linked with attainment demonstration
and RFP requirements. The EPA interprets the obligation to submit
contingency measures as suspended when the area has attained the
standard because those contingency measures are directed at ensuring
RFP and attainment by the applicable date. A CDD does not suspend the
requirements for an emissions inventory or for new source review.\24\
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\22\ In the context of CDDs, the EPA distinguishes between
attainment planning requirements of the CAA, which relate to the
attainment demonstration for an area and related control measures
designed to bring an area into attainment for the given NAAQS as
expeditiously as practicable, and other types of requirements, such
as permitting requirements under the nonattainment new source review
program, emissions inventory requirement, and specific control
requirements independent of those strictly needed to ensure timely
attainment of the given NAAQS. 81 FR 58010, 58128.
\23\ Id.
\24\ Id. On October 22, 2021, the EPA approved SCAQMD's Rule
1325, ``Federal PM<INF>2.5</INF> New Source Review Program'' as
meeting applicable CAA requirements for new source review, thereby
satisfying the requirement for new source review (86 FR 58592). This
action includes our proposed approval of the base year emissions
inventory included in the attainment plan for the South Coast
nonattainment area submitted on December 29, 2020. See Section III
of this document.
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II. The EPA's Proposed Clean Data Determination
A. Monitoring Network Review, Quality Assurance, and Data Completeness
A determination of attainment under the EPA's Clean Data Policy is
typically based upon 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/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 compliance with the
NAAQS.\25\ The EPA reviews all data to determine the area's air quality
status in accordance with 40 CFR part 50, appendix N. Under EPA
regulations in 40 CFR 50.13 and in accordance with appendix N, the 2006
24-hour PM<INF>2.5</INF> NAAQS are met when the 98th percentile 24-hour
concentration, as determined in accordance with the rounding
conventions in 40 CFR part 50, appendix N, is less than or equal to 35
[mu]g/m\3\ at each eligible monitoring site within the area.
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\25\ See 40 CFR 50.7; 40 CFR part 50, appendix L; 40 CFR part
53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D, and E.
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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. The monitoring requirements are specified
in 40 CFR part 58. These requirements are applicable to state, and
where delegated, local air monitoring agencies that operate criteria
pollutant monitors. The regulations in 40 CFR part 58 establish
specific requirements for operating air quality surveillance networks
to measure ambient concentrations of PM<INF>2.5</INF>, including
requirements for measurement methods, 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
minimum monitoring requirements for PM<INF>2.5</INF> to operate at
SLAMS. SLAMS produce data comparable to the NAAQS, and therefore, the
monitor must be an approved federal reference method (FRM) or federal
equivalent method (FEM). 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
PM<INF>2.5</INF> continuous monitors; \26\ 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
PM<INF>2.5</INF> can be met with filter-based FRMs/FEMs, continuous
FEMs, continuous non-FEMs, or a
[[Page 92876]]
combination of monitors at each required SLAMS.
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\26\ 40 CFR part 58, appendix D, section 4.7.2.
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Under 40 CFR 58.10, states are required to submit annual monitoring
network plans to the EPA.\27\ Within the South Coast Air Basin, the
District and the Pechanga Band of Indians (``Pechanga Band'') are the
agencies responsible for assuring that the area meets PM<INF>2.5</INF>
air quality monitoring requirements. The District submits annual
monitoring network plans (ANPs) 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.
Each year, the EPA reviews these ANPs for compliance with the
applicable monitoring requirements in 40 CFR part 58. The EPA approved
those portions of the District's 2023 ANP \28\ and the Pechanga Band's
2023 ANP \29\ that pertain to the adequacy of the network for
PM<INF>2.5</INF> monitoring purposes.
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\27\ 40 CFR 58.10(a)(1).
\28\ We have included copies of SCAQMD's annual network plans
for 2021-2023 in the docket for this rulemaking.
\29\ We have included copies of the Pechanga Band's annual
network plans for 2021-2023 in the docket for this rulemaking.
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During the 2021-2023 period, ambient PM<INF>2.5</INF> concentration
data that are eligible for use in determining whether an area has
attained the PM<INF>2.5</INF> NAAQS were collected at a total of 19
sites within the South Coast. The District operates 18 of these sites
while the Pechanga Band operates 1 of these sites. All of the sites are
designated SLAMS for PM<INF>2.5</INF>.\30\ Based on our review of the
PM<INF>2.5</INF> monitoring network, we propose to find that the
monitoring network in the South Coast is adequate for the purpose of
collecting ambient PM<INF>2.5</INF> concentration data for use in
determining whether the South Coast has attained the 2006 24-hour
PM<INF>2.5</INF> NAAQS.
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\30\ There are a number of other PM<INF>2.5</INF> monitoring
sites within the South Coast Air Basin, 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 comparison with the PM<INF>2.5</INF>
NAAQS.
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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 and FEM monitors at
SLAMS and special purpose monitoring stations that meet the criteria
specified in 40 CFR 58, appendix A. The District \31\ and the Pechanga
Band \32\ submit this certification annually, as required by 40 CFR
58.15.
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\31\ We have included SCAQMD's annual data certifications for
2021, 2022, and 2023 in the docket for this rulemaking.
\32\ We have included the Pechanga Band's annual data
certifications for 2021 and 2022 in the docket for this rulemaking.
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With respect to data completeness, we determined that the data
collected by the District met the quarterly completeness criterion for
all 12 quarters of the three-year period at most of the
PM<INF>2.5</INF> monitoring sites in the South Coast. The Pechanga
Band, as of proposal, did not meet the quarterly completeness criterion
for all 12 quarters of the three-year period at its PM<INF>2.5</INF>
monitoring site. More specifically, among the 19 PM<INF>2.5</INF>
monitoring sites from which regulatory data are available, the data
from six of the sites did not meet the 75 percent completeness
criterion for at least one quarter in the 2021-2023 period, leading to
invalid 2023 design values. Of the six sites with invalid design
values, two sites, Long Beach (North) and Long Beach (South), were
approved for closure by the EPA and ceased operating at the end of the
second quarter in 2022 and the end of the first quarter in 2022,
respectively.<SUP>33 34</SUP> The Signal Hill (Lbsh) site began
monitoring for PM<INF>2.5</INF> in the second quarter of 2022 and was
complete for three quarters in 2022 and all four quarters of 2023. Two
other sites, Azusa and Mission Viejo, temporarily ceased operating in
2022. The Azusa site was incomplete in the second and third quarter of
2022 and temporarily ceased monitoring at the end of the third quarter
in 2022. The Mission Viejo site temporarily ceased operations during
the second quarter of 2022. At the time this document was being
prepared, the remaining site, Pechanga, operated by the Pechanga Band
had yet to fully upload and certify their 2023 data.
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\33\ Letter dated April 15, 2022, from Gwen Yoshimura, Manager,
Air Quality Analysis Office, Air and Radiation Division, U.S. EPA
Region IX, to Rene Bermudez, Atmospheric Measurements Manager,
SCAQMD.
\34\ Letter dated May 26, 2022, from Gwen Yoshimura, Manager,
Air Quality Analysis Office, Air and Radiation Division, U.S. EPA
Region IX, to Rene Bermudez, Atmospheric Measurements Manager,
SCAQMD.
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The invalid design values from the six monitors described above are
from sites within the South Coast that generally measure lower 24-hour
design values than other monitors in the South Coast. Given that the
District and the Pechanga Band operate more than the minimum number of
PM<INF>2.5</INF> monitoring sites in the Los Angeles-Long Beach-
Anaheim, CA metropolitan statistical area (MSA) and the Riverside-San
Bernardino-Ontario, CA MSA, the overall completeness of data from all
sites, especially those sites that historically measure the highest
concentrations in the South Coast, we find that the data set compiled
from the PM<INF>2.5</INF> monitoring networks is sufficient for the
purposes of determining whether the South Coast has attained the 2006
24-hour PM<INF>2.5</INF> NAAQS.\35\
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\35\ See 40 CFR part 50, appendix N, section 4.2(b).
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Finally, the EPA conducts regular technical systems audits (TSAs)
where we review and inspect state and local ambient air monitoring
programs to assess compliance with applicable regulations concerning
the collection, analysis, validation, and reporting of ambient air
quality data. For the purposes of this proposal, we reviewed the
findings from the EPA's most recent TSAs of the District's \36\ and the
Pechanga Band's \37\ ambient air monitoring programs. The results of
the TSAs do not preclude the EPA from determining that the South Coast
PM<INF>2.5</INF> nonattainment area has attained the 2006 24-hour
PM<INF>2.5</INF> NAAQS.
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\36\ Letter dated March 17, 2021, from Elizabeth Adams,
Director, Air and Radiation Division, EPA Region IX, to Dr. Matt
Miyasato, Executive Officer, SCAQMD, with enclosure titled,
``Technical Systems Audit Report, SCAQMD, June 1-June 5, 2020.''
\37\ Letter dated August 22, 2022, from Elizabeth Adams,
Director, Air and Radiation Division, EPA Region IX, to Kelsey
Stricker, Environmental Director, Pechanga Band of Luiseno Indians,
with enclosure titled, ``Technical Systems Audit Report of the
Ambient Air Monitoring Program, Pechanga Band of Luiseno Indians,
September 27-30 and October 7, 2022.''
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In summary, based on the EPA's reviews of the relevant ANPs,
certifications, quality assurance data, and TSAs, we propose to find
that the PM<INF>2.5</INF> data collected at the South Coast Air Basin
monitoring sites are suitable for determining whether the South Coast
PM<INF>2.5</INF> nonattainment area is attaining the 2006 24-hour
PM<INF>2.5</INF> NAAQS.
B. The EPA's Evaluation of Attainment
Table 1 provides the PM<INF>2.5</INF> design values at each of the
19 monitoring sites with the South Coast PM<INF>2.5</INF> nonattainment
area, expressed as a single design value representing the 2021-2023
period and for each individual year. The PM<INF>2.5</INF> data show
that the design values at the South Coast Air Basin monitoring sites
were below
[[Page 92877]]
the 2006 24-hour PM<INF>2.5</INF> NAAQS of 35 [mu]g/m\3\.
Table 1--2021-2023 24-Hour PM2.5 Design Values for the South Coast PM2.5 Nonattainment Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual 98th percentile ([mu]g/m\3\) 2021-2023 24-hour
General location Site (AQS ID) -------------------------------------------------------------------------- design value ([mu]g/
2021 2022 2023 m\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Los Angeles County
--------------------------------------------------------------------------------------------------------------------------------------------------------
East San Gabriel Valley......... Azusa (06-037-0002) 36.1.................... 17.8 (Inc)........... No Data (Inc).......... 27 (Inv).
Central Los Angeles............. Los Angeles (Main 45.2.................... 21.9................. 23.4................... 30.
Street) (06-037-
1103).
West San Fernando Valley........ Reseda (06-037- 36.1.................... 19.5................. 19.2................... 25.
1201).
South Central Los Angeles County Compton (06-037- 42.5.................... 32.6................. 28.1................... 34.
1302).
South San Gabriel Valley........ Pico Rivera #2 (06- 47.9.................... 25.6................. 27.8................... 34.
037-1602).
West San Gabriel Valley......... Pasadena (06-037- 29.9.................... 19.0................. 17.7................... 22.
2005).
South Coastal Los Angeles County Long Beach (North) 31.2.................... 18.0 (Inc)........... No Data (Inc).......... 25 (Inv).
(06-037-4002).
South Coastal Los Angeles County South Long Beach 32.8.................... 23.1 (Inc)........... No Data (Inc).......... 28 (Inv).
(06-037-4004).
South Coastal Los Angeles County Long Beach-Route 34.8.................... 25.5................. 25.4................... 29.
710 Near Road (06-
037-4008).
South Coastal Los Angeles County Signal Hill (Lbsh) No Data (Inc)........... 19.3 (Inc)........... 22.3................... 21 (Inv).
(06-037-4009).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Orange County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Central Orange County........... Anaheim (06-059- 37.1.................... 22.1................. 22.6................... 27.
0007).
Saddleback Valley............... Mission Viejo (06- 24.9.................... 16.9 (Inc)........... No Data (Inc).......... 21 (Inv).
059-2022).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Riverside County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Temecula Valley................. Pechanga (06-065- 16.5.................... 11.4................. 12.0 (Inc)............. 13 (Inv).
0009).
Metropolitan Riverside County... Rubidoux (06-065- 37.5.................... 23.2................. 24.5................... 28.
8001).
Mira Loma....................... Mira Loma (Van 42.8.................... 26.2................. 30.2................... 33.
Buren) (06-065-
8005).
--------------------------------------------------------------------------------------------------------------------------------------------------------
San Bernardino County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest San Bernardino Valley. Ontario-Route 60 49.4.................... 26.4................. 26.4................... 34.
Near Road (06-071-
0027).
Central San Bernardino Valley... Fontana (06-071- 33.4.................... 28.1................. 25.0................... 29.
2002).
East San Bernardino Mountains... Big Bear (06-071- 21.5.................... 23.2................. 18.0................... 21.
8001).
Central San Bernardino Valley... San Bernardino (06- 34.2.................... 25.8................. 21.8................... 27.
071-9004).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: EPA, AQS Design Value Report (AMP480), Report Request ID: 2218164, August 23, 2024.
Notes: Inc = Incomplete Data. Inv = Invalid design values due to incomplete data.
Preliminary data available in AQS for 2024 (January through June)
indicate that the South Coast area continues to show concentrations
below the 2006 24-hour PM<INF>2.5</INF> NAAQS.\38\ Consequently, the
EPA is proposing to determine based upon three years of complete,
quality-assured, and certified data from 2021 through 2023 that the
South Coast PM<INF>2.5</INF> nonattainment area has attained the 2006
24-hour PM<INF>2.5</INF> NAAQS and to issue a CDD.
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\38\ EPA, AQS Design Value Report (AMP480), Report Request ID:
2228533, October 1, 2024.
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If we finalize this proposed CDD, the requirements for the State to
submit an attainment demonstration, an RFP plan, quantitative
milestones and quantitative milestone reports, and contingency measures
for the area will be suspended until such time as: (1) the area is
redesignated to attainment, after which such requirements are
permanently discharged; or, (2) the EPA determines that the area has
re-violated the 24-hour PM<INF>2.5</INF> NAAQS, after which time the
state shall submit such attainment plan elements for the Serious
nonattainment area by a future date to be determined by the EPA and
announced through publication in the Federal Register at the time the
EPA determines the area is violating the 24-hour PM<INF>2.5</INF>
NAAQS.\39\
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\39\ 40 CFR 51.1015(b).
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A CDD does not suspend the requirements for an emissions inventory.
As discussed in Section III of this document, this document includes
our proposed approval of the 2018 base year emissions inventory
included in the attainment plan for the South Coast PM<INF>2.5</INF>
nonattainment area, submitted on December 29, 2020.
III. Review of the 2018 Base Year Emissions Inventory in the South
Coast PM2.5 Plan
A. Statutory and Regulatory Requirements
1. Requirements for Emissions Inventories
CAA section 172(c)(3) requires that each nonattainment plan SIP
submission include a comprehensive, accurate, current inventory of
actual emissions from all sources of the relevant pollutant or
pollutants in the nonattainment area. The EPA discussed the emissions
inventory requirements that apply to PM<INF>2.5</INF> nonattainment
areas in the PM<INF>2.5</INF> SIP Requirements Rule and
[[Page 92878]]
codified these requirements in 40 CFR 51.1008.\40\ The EPA has also
issued guidance concerning emissions inventories for PM<INF>2.5</INF>
nonattainment areas.\41\
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\40\ 81 FR 58010, 58098-58099.
\41\ EPA, ``Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations,'' May 2017 (``Emissions
Inventory Guidance''), available at <a href="https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate">https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate</a>.
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The base year emissions inventory for an attainment plan under CAA
section 189(d) must provide a state's best estimate of actual emissions
from all sources of the relevant pollutants in the area (i.e., all
emissions that contribute to the formation of a particular NAAQS
pollutant). For the PM<INF>2.5</INF> NAAQS, the base year inventory
must include direct PM<INF>2.5</INF> emissions, separately reported
filterable and condensable PM<INF>2.5</INF> emissions,\42\ and
emissions of all chemical precursors to the formation of secondary
PM<INF>2.5</INF> (i.e., NO<INF>X</INF>, SO<INF>2</INF>, VOC, and
ammonia).\43\
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\42\ The Emissions Inventory Guidance identifies the types of
sources for which the EPA expects states to provide condensable PM
emissions inventories. Emissions Inventory Guidance, Section 4.2.1
(``Condensable PM Emissions''), pp. 63-65.
\43\ 40 CFR 51.1008.
---------------------------------------------------------------------------
The emissions inventory base year for a Serious PM<INF>2.5</INF>
nonattainment area subject to CAA section 189(d) must be one of the
three years for which the EPA used monitored data to determine that the
area failed to attain the PM<INF>2.5</INF> NAAQS by the applicable
Serious area attainment date, or another technically appropriate year
justified by the state in its Serious area SIP submission.\44\
---------------------------------------------------------------------------
\44\ 40 CFR 51.1008(c)(1).
---------------------------------------------------------------------------
A state's nonattainment plan SIP submission must include
documentation explaining how it calculated emissions data for the
inventory. In estimating mobile source emissions, a state should use
the latest emissions models and planning assumptions available at the
time the SIP is developed. At the time the South Coast PM<INF>2.5</INF>
Plan was developed, the latest EPA-approved version of California's
mobile source emissions factor model for estimating tailpipe, brake and
tire wear emissions from on-road mobile sources was EMFAC2017.\45\
States are also required to use the EPA's ``Compilation of Air
Pollutant Emission Factors'' (AP-42) road dust method for calculating
re-entrained road dust emissions from paved roads.\46\
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\45\ 84 FR 41717 (August 15, 2019). EMFAC is short for EMission
FACtor. The EPA announced the availability of the EMFAC2017 model
for use in state implementation plan development and transportation
conformity in California on August 15, 2019. The EPA's approval of
the EMFAC2017 emissions model for SIP and conformity purposes was
effective on the date of publication of the notice in the Federal
Register. On November 15, 2022, the EPA approved and announced the
availability of EMFAC2021, the latest update to the EMFAC model for
use by State and local governments to meet CAA requirements (87 FR
68483).
\46\ AP-42 has been published since 1972 as the primary source
of the EPA's emissions factor information and is available at
<a href="https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors">https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors</a>. It contains emissions factors and
process information for more than 200 air pollution source
categories. A source category is a specific industry sector or group
of similar emitting sources. The emissions factors have been
developed and compiled from source test data, material balance
studies, and engineering estimates. The EPA released an update to
AP-42 in January 2011 that revised the equation for estimating paved
road dust emissions based on an updated data regression that
included new emissions tests results. 76 FR 6328 (February 4, 2011).
CARB used the revised 2011 AP-42 methodology in developing on-road
mobile source emissions; see <a href="https://ww3.arb.ca.gov/ei/areasrc/fullpdf/2021_paved_roads_summary_7_9.pdf">https://ww3.arb.ca.gov/ei/areasrc/fullpdf/2021_paved_roads_summary_7_9.pdf</a>, p.2.
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2. Procedural Requirements for SIPs and SIP Revisions
CAA sections 110(a)(1) and (2) and 110(l) require each state to
provide reasonable public notice and opportunity for public hearing
prior to the adoption and submission of a SIP or SIP revision to the
EPA. To meet this requirement, every SIP submission should include
evidence that the State provided adequate public notice and an
opportunity for a public hearing consistent with the EPA's implementing
regulations in 40 CFR 51.102.
The District provided a public comment period and held a public
hearing prior to the adoption of the South Coast PM<INF>2.5</INF> Plan
on October 7, 2020.\47\ The SIP submission includes proof of
publication of notices for the District's public hearing. Therefore, we
find that the South Coast PM<INF>2.5</INF> Plan meets the procedural
requirements for public notice and hearing in CAA sections 110(a) and
110(l).
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\47\ ``Transcript of Proceedings, October 07, 2020, Regional
Public Hearing for the Proposed Attainment Plan for the 2006 24-Hour
PM<INF>2.5</INF> Standard for the South Coast Air Basin,'' and South
Coast Air Quality Management District Governing Board Resolution 20-
21, dated December 4, 2020.
---------------------------------------------------------------------------
CAA section 110(k)(1)(B) requires the EPA to determine whether a
SIP submittal is complete within 60 days of receipt. This section of
the CAA also provides that any plan that the EPA has not affirmatively
determined to be complete or incomplete will become complete by
operation of law six months after the date of submittal. The EPA's SIP
completeness criteria are found in 40 CFR part 51, appendix V. On June
29, 2021, the South Coast PM<INF>2.5</INF> Plan was deemed complete by
operation of law under CAA section 110(k)(1)(B).
B. Base Year Emissions Inventory in the Plan
The annual average planning emissions inventories for direct
PM<INF>2.5</INF> and all PM<INF>2.5</INF> precursors (NO<INF>X</INF>,
SO<INF>X</INF>, VOC, and ammonia) for the South Coast PM<INF>2.5</INF>
nonattainment area, together with documentation for the inventories,
are included in Chapter 3 (``Base-Year and Future Emissions'') of the
Plan. More detailed emissions inventories for the South Coast
PM<INF>2.5</INF> nonattainment area are included in appendix I
(``Emissions Inventory'') of the Plan.
Each emissions inventory is divided into two source
classifications: Stationary sources (i.e., point sources and area
sources) and mobile sources (i.e., on-road and off-road sources). Point
sources in the South Coast Air Basin that emit four tons per year (tpy)
or more of PM, NO<INF>X</INF>, SO<INF>X</INF>, or VOC report annual
emissions to the District. Point source emissions for the 2018 base
year emissions inventory are generally based on reported data from
facilities using the District's Annual Emissions Reporting program.\48\
Area sources include small emissions sources distributed across the
nonattainment area. CARB and the District estimate emissions for about
400 area source categories using established inventory methods,
including publicly available emissions factors and activity
information. Activity data may come from national survey data such as
from the Energy Information Administration or from local sources such
as the Southern California Gas Company, paint suppliers, and District
databases. Emissions factors can be based on a number of sources
including source tests, compliance reports, and the EPA's AP-42.
---------------------------------------------------------------------------
\48\ Information about the SCAQMD's Annual Emissions Reporting
program is available at <a href="http://www.aqmd.gov/home/rules-compliance/compliance/annual-emission-reporting">http://www.aqmd.gov/home/rules-compliance/compliance/annual-emission-reporting</a>.
---------------------------------------------------------------------------
On-road emissions inventories are calculated using CARB's EMFAC2017
model and the travel activity data provided by the Southern California
Association of Governments (SCAG) in ``The 2016-2040 Regional
Transportation Plan/Sustainable Communities Strategy.'' \49\ CARB used
the Spatial and Temporal Allocator tool to distribute emissions
spatially and temporally.\50\
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\49\ SCAG, ``The 2016-2040 Regional Transportation Plan/
Sustainable Communities Strategy: A Plan for Mobility,
Accessibility, Sustainability and a High Quality of Life.''
Available at <a href="https://scag.ca.gov/2016-rtpscs">https://scag.ca.gov/2016-rtpscs</a>.
\50\ <a href="https://github.com/mmb-carb/ESTA">https://github.com/mmb-carb/ESTA</a>.
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[[Page 92879]]
CARB provided emissions inventories for off-road equipment, which
includes construction and mining equipment, industrial and commercial
equipment, lawn and garden equipment, locomotives, aircraft, tractors,
harbor craft, off-road recreational vehicles, construction equipment,
forklifts, cargo handling equipment, and various other mobile equipment
types. CARB uses several models to estimate emissions for more than one
hundred off-road equipment categories.\51\
---------------------------------------------------------------------------
\51\ South Coast PM<INF>2.5</INF> Plan, p. 3-4.
---------------------------------------------------------------------------
Finally, the South Coast PM<INF>2.5</INF> Plan provides separate
estimates of filterable and condensable PM<INF>2.5</INF> emissions,
expressed as annual average PM<INF>2.5</INF> emissions, for all of the
identified source categories for the 2018 base year, as well as
subsequent relevant years.\52\
---------------------------------------------------------------------------
\52\ Id. at appendix I, tables C1 through C4.
---------------------------------------------------------------------------
Table 2 provides a summary of the annual average inventories in
tons per day (tpd) of direct PM<INF>2.5</INF> and PM<INF>2.5</INF>
precursors for the 2018 base year. For a detailed breakdown of the
inventories, see Chapter 3 and appendix I of the South Coast
PM<INF>2.5</INF> Plan.
Table 2--Summary of Emissions by Major Source Category in the South Coast Air Basin: 2018 Base Year Average
Annual Day
[tpd] \a\
----------------------------------------------------------------------------------------------------------------
Direct PM2.5
Source category NOX SOX VOC Ammonia
----------------------------------------------------------------------------------------------------------------
Stationary Sources....................... 44.8 57.7 8.2 206.8 58.6
On-Road Mobile........................... 11.4 177.9 1.7 81.6 14.2
Off-Road Mobile.......................... 6.3 134.9 4.1 80.8 0.2
----------------------------------------------------------------------
Total................................ 62.4 370.5 14.0 369.2 72.9
----------------------------------------------------------------------------------------------------------------
\a\ Values may not sum due to rounding.
Source: South Coast PM2.5 Plan, Chapter 3, Table 3-1.
C. The EPA's Evaluation
The inventories in the South Coast PM<INF>2.5</INF> Plan are based
on the most current and accurate information available to the State and
District at the time the Plan and its inventories were being developed,
including the latest EPA-approved version of California's mobile source
emissions model that was available to the State and District at the
time they were developing the Plan, EMFAC2017. The inventories
comprehensively address all source categories in the South Coast
PM<INF>2.5</INF> nonattainment area and were developed consistent with
the EPA's regulations and inventory guidance. In accordance with 40 CFR
51.1008(c)(1), the 2018 base year is one of the three years for which
monitored data were used to determine that the area failed to attain
the 2006 24-hour PM<INF>2.5</INF> NAAQS by the applicable Serious area
attainment date, and it represents actual annual average emissions of
all sources within the nonattainment area. Direct PM<INF>2.5</INF> and
all PM<INF>2.5</INF> precursors are included in the inventories, and
filterable and condensable direct PM<INF>2.5</INF> emissions are
identified separately. For these reasons, we are proposing to approve
the 2018 base year emissions inventory in the South Coast
PM<INF>2.5</INF> Plan as meeting the requirements of CAA section
172(c)(3) and 40 CFR 51.1008(c)(1).
IV. Environmental Justice Considerations
To identify environmental burdens and susceptible populations in
underserved communities in the South Coast PM<INF>2.5</INF>
nonattainment area and to better understand the context of the proposed
CDD and approval of the base year emissions inventory on these
communities, we conducted a screening-level analysis using the EPA's
environmental justice (EJ) screening and mapping tool
(``EJSCREEN'').\53\ \54\ The results of this analysis are being
provided for informational and transparency purposes.
---------------------------------------------------------------------------
\53\ EJSCREEN provides a nationally consistent dataset and
approach for combining environmental burden and socioeconomic
indicators. EJSCREEN is available at <a href="https://www.epa.gov/ejscreen/what-ejscreen">https://www.epa.gov/ejscreen/what-ejscreen</a>. The EPA used EJSCREEN to obtain environmental burden
and socioeconomic indicators representing the South Coast
PM<INF>2.5</INF> nonattainment area. These indicators are included
in EJSCREEN reports that are available in the rulemaking docket for
this action.
\54\ EPA Region IX, ``EJSCREEN (version 2.3) Analysis for the
Four Counties of the South Coast Nonattainment Area,'' September
2024.
---------------------------------------------------------------------------
Our screening-level analysis indicates that communities affected by
this action rank above the national average for the EJSCREEN
``Demographic Index,'' which is the average of an area's percent low
income and percent people of color populations, i.e., the two
demographic indicators explicitly named in Executive Order 12898 on
EJ.\55\ These communities also rank above the national average for the
``Limited English Speaking Households,'' and ``Less Than High School
Education'' indicators. Although the area is attaining the
PM<INF>2.5</INF> NAAQS, because almost all areas across the U.S. are
also attaining the NAAQS (some by a wider margin), communities within
the South Coast PM<INF>2.5</INF> nonattainment area rank above the
national average for the ``Particulate Matter 2.5 ([micro]g/m\3\)''
environmental burden indicator. These communities also score above the
national average for other environmental burden indicators, including
the ``Ozone (ppb),'' ``Nitrogen Dioxide (NO<INF>2</INF>) (ppbv),'' and
``Traffic Proximity (daily traffic count/distance to road)''
indicators.
---------------------------------------------------------------------------
\55\ EJSCREEN reports environmental burden indicators (e.g.,
toxic releases to air, lead paint exposure, and traffic proximity
and volume) and socioeconomic indicators (e.g., people of color, low
income, and limited English-speaking household). The value of a
particular indicator measures how the community of interest compares
with the state or national average. For example, if a given location
is at the 95th percentile nationwide, this means that only five
percent of the US population has a higher value than the average
person in the location being analyzed. EJSCREEN also reports EJ
indexes, which are combinations of a single environmental burden
indicator with the EJSCREEN Demographic Index. For additional
information about environmental burden indicators, demographic
indexes, and EJ indexes reported by EJSCREEN, see EPA, ``EJScreen
Environmental Justice Mapping and Screening Tool, EJScreen Technical
Documentation for Version 2.3,'' July 2024, Section 3.
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As discussed in the EPA's EJ technical guidance, people of color
and low-income populations, such as those in the South Coast Air Basin,
often experience greater exposure and disease burdens than the general
population, which can increase their susceptibility to adverse health
effects from environmental stressors.\56\ Underserved communities may
have a compromised ability to cope with or recover from such exposures
due to a range of physical, chemical, biological, social, and cultural
factors.\57\
---------------------------------------------------------------------------
\56\ EPA, ``Technical Guidance for Assessing Environmental
Justice in Regulatory Analysis,'' June 2016, Section 4.1.
\57\ Id.
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[[Page 92880]]
Notwithstanding the EJ concerns highlighted by the results of the
EJSCREEN analysis, because monitoring data indicate the area has
attained the 2006 24-hour PM<INF>2.5</INF> NAAQS, we expect that this
action will generally have neutral environmental and health impacts on
all populations in the South Coast Air Basin, including communities
with EJ concerns. At a minimum, this action would not worsen existing
air quality and 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.
Our final action on the base year emissions inventory will fulfill our
statutory obligation to act on a portion of a SIP submittal under
section 110(k)(3).
If we finalize our proposed CDD, requirements related to achieving
attainment of the 2006 24-hour PM<INF>2.5</INF> NAAQS will be
suspended. Because the area has attained the standard, such
requirements are not necessary for timely attainment of the NAAQS.
However, if prior to a potential future redesignation to attainment we
determine the South Coast PM<INF>2.5</INF> nonattainment area
subsequently violates the NAAQS, we will rescind the CDD and any
unfulfilled attainment planning requirements will apply once again to
the area.\58\ Furthermore, notwithstanding the suspension of certain
attainment-related requirements, all requirements adopted into the SIP
prior to attainment will remain in place.\59\
---------------------------------------------------------------------------
\58\ 81 FR 58010, 58128.
\59\ Id.
---------------------------------------------------------------------------
The EPA notes that there are other efforts underway to reduce
environmental burdens in the South Coast Air Basin. The South Coast Air
Basin is designated nonattainment for the 2012 annual PM<INF>2.5</INF>
NAAQS and on June 27, 2024, CARB adopted a revised attainment plan
which includes, among other things, the State's control strategy to
achieve reductions in direct PM<INF>2.5</INF> and PM<INF>2.5</INF>
precursors to bring the area into attainment of those NAAQS.\60\
Additionally, on July 22, 2024, the EPA announced the selection of the
SCAQMD to receive a Climate Pollution Reduction Grant of approximately
$500 million to implement community-driven solutions to address the
climate crisis, reduce air pollution, advance environmental justice,
and accelerate America's clean energy transition.\61\ Furthermore, on
October 29, 2024, the U.S. EPA announced the selection of the Los
Angeles Harbor Department to receive a Clean Ports Program--Zero-
Emission Technology Deployment Grant of approximately $400 million to
fund zero-emission port equipment and infrastructure to reduce mobile
source emissions.\62\ These efforts are expected to result in further
reductions in direct PM<INF>2.5</INF> and PM<INF>2.5</INF> precursor
emissions and to relieve some of the cumulative burden on disadvantaged
communities in the South Coast PM<INF>2.5</INF> nonattainment area.
---------------------------------------------------------------------------
\60\ CARB, ``South Coast Air Basin Attainment Plan for the 2012
Annual PM<INF>2.5</INF> Standard, Resolution 24-7,'' June 27, 2024.
\61\ <a href="https://www.epa.gov/newsreleases/biden-harris-administration-announces-nearly-500-million-effort-cut-transportation-and">https://www.epa.gov/newsreleases/biden-harris-administration-announces-nearly-500-million-effort-cut-transportation-and</a>.
\62\ <a href="https://www.epa.gov/newsreleases/biden-harris-administration-announces-selections-nearly-3-billion-investments-clean">https://www.epa.gov/newsreleases/biden-harris-administration-announces-selections-nearly-3-billion-investments-clean</a>.
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V. The EPA's Proposed Action
The EPA is proposing to determine, based on the most recent three
years (2021-2023) of complete (or otherwise validated), quality-
assured, and certified data meeting the requirements of 40 CFR part 50,
appendix N, that the South Coast PM<INF>2.5</INF> nonattainment area
has attained the 2006 24-hour PM<INF>2.5</INF> NAAQS.
In conjunction with and based on our proposed determination that
the South Coast area has attained and is currently attaining the 2006
24-hour PM<INF>2.5</INF> NAAQS, in accordance with 40 CFR 51.1015, the
EPA is proposing to issue a CDD for the South Coast PM<INF>2.5</INF>
nonattainment area for the 2006 24-hour PM<INF>2.5</INF> NAAQS.
Accordingly, the EPA is proposing to determine that the obligation to
submit any remaining attainment-related SIP revisions arising from the
EPA's September 16, 2020 finding that the area failed to attain the
2006 24-hour PM<INF>2.5</INF> NAAQS by the Serious area attainment date
is not applicable for so long as the area continues to attain those
NAAQS. If the EPA finalizes this proposal, the requirements for this
area to submit an attainment demonstration, RFP plan, quantitative
milestones and quantitative milestone reports, contingency measures,
and any other SIP revisions related to the attainment of the 2006 24-
hour PM<INF>2.5</INF> NAAQS will be suspended so long as this area
continues to meet the standard. We note that as discussed in section
I.B of this document, on December 29, 2020, California submitted a SIP
revision to address these requirements. The EPA intends to evaluate and
act on the remaining SIP elements in this submission through subsequent
rulemakings, as appropriate.
This CDD does not constitute a redesignation to attainment. The
South Coast PM<INF>2.5</INF> nonattainment area will remain designated
nonattainment for the 2006 24-hour PM<INF>2.5</INF> NAAQS until such
time as the EPA determines, pursuant to sections 107 and 175A of the
CAA, that the South Coast 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.
We are also proposing to approve the South Coast PM<INF>2.5</INF>
Plan's 2018 base year emissions inventory as meeting the requirements
of CAA section 172(c)(3) and 40 CFR 51.1008(c)(1). As authorized in
section 110(k)(3) of the Act, the EPA is proposing to approve the
submitted base year emissions inventory because we believe it fulfills
all relevant requirements.
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.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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. This action proposes to issue a CDD for the South Coast
PM<INF>2.5</INF> nonattainment area and to approve a portion of a state
submission as meeting federal requirements and imposes no new
requirements.
B. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action proposes to determine that the South Coast
PM<INF>2.5</INF> nonattainment area is attaining the 2006 24-hour
PM<INF>2.5</INF> NAAQS and to approve the base year emissions inventory
in the South Coast PM<INF>2.5</INF> Plan. Thus, this proposed action
does not impose additional requirements beyond those imposed by state
law.
[[Page 92881]]
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 beyond those
imposed by state law. The proposed CDD and approval of the base year
emissions inventory does not create any new requirements 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 does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
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, or on the distribution of power
and responsibilities among the various levels of government. Pursuant
to the CAA, this action proposes a CDD and to approve a base year
emissions inventory.
F. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and it will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks 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. Therefore, this action is not
subject to Executive Order 13045 because it merely proposes a CDD and
to approve a base year emissions inventory as meeting federal
requirements. Furthermore, the EPA's Policy on Children's Health does
not apply to this action.
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 and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with EJ concerns to the
greatest extent practicable and permitted by law. Executive Order 14096
(Revitalizing Our Nation's Commitment to Environmental Justice for All,
88 FR 25251, April 26, 2023) builds on and supplements E.O. 12898 and
defines EJ as, among other things, ``the just treatment and meaningful
involvement of all people, regardless of income, race, color, national
origin, or Tribal affiliation, or disability in agency decision-making
and other Federal activities that affect human health and the
environment.''
For the SIP portion of this action, 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 review state choices and approve those choices if
they meet the minimum criteria of the Act. Accordingly, this proposed
CDD and approval of a base year emissions inventory does not impose any
additional regulatory requirements on sources beyond those imposed by
state law. The State did not evaluate EJ considerations as part of its
attainment plan for the 2006 24-hour PM<INF>2.5</INF> NAAQS; the CAA
and applicable implementing regulations neither prohibit nor require
such an evaluation. Consistent with the EPA's discretion under the CAA,
the EPA has evaluated the EJ considerations of this action, as is
described in the section of this document titled, ``Environmental
Justice Considerations.'' The analysis was included in this document
for the purpose of providing additional context and information about
this rulemaking to the public, not as a basis of the proposed action.
Due to the nature of the action being proposed here, this action is
expected to have a neutral impact on the air quality of the affected
area. In addition, there is no information in the record upon which
this decision is based inconsistent with the stated goal of E.O. 12898/
14096 of achieving EJ for communities with EJ concerns.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: November 18, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-27517 Filed 11-22-24; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.