Proposed Rule2025-04035
Extension of the Attainment Date of the Coachella Valley Extreme Nonattainment Area Under the 1997 Ozone National Ambient Air Quality Standards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 17, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to grant a one-year extension of the "Extreme" attainment date for the 1997 ozone national ambient air quality standards (NAAQS) to the Riverside County (Coachella Valley) ozone nonattainment area ("Coachella Valley"). This action is based on the EPA's evaluation of air quality monitoring data and the extension request submitted by the State of California. We are taking comments on this proposal and plan to follow with a final action.
Full Text
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[Federal Register Volume 90, Number 50 (Monday, March 17, 2025)]
[Proposed Rules]
[Pages 12239-12243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-04035]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 50 / Monday, March 17, 2025 /
Proposed Rules
[[Page 12239]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0570; FRL-12518-01-R9]
Extension of the Attainment Date of the Coachella Valley Extreme
Nonattainment Area Under the 1997 Ozone National Ambient Air Quality
Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
grant a one-year extension of the ``Extreme'' attainment date for the
1997 ozone national ambient air quality standards (NAAQS) to the
Riverside County (Coachella Valley) ozone nonattainment area
(``Coachella Valley''). This action is based on the EPA's evaluation of
air quality monitoring data and the extension request submitted by the
State of California. We are taking comments on this proposal and plan
to follow with a final action.
DATES: Comments must be received on or before April 16, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0570 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: Tom Kelly, EPA Region IX, ARD-2-2, 75
Hawthorne St., San Francisco, CA 94105: phone: (415) 972-3856; email:
<a href="/cdn-cgi/l/email-protection#eb808e878792c59f8384868a989bab8e9b8ac58c849d"><span class="__cf_email__" data-cfemail="49222c252530673d212624283a39092c3928672e263f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. 1997 Ozone NAAQS
B. Coachella Valley 1997 Ozone Designation, Classifications and
SIP Revisions
C. The EPA's Authority and Requirements for Attainment Date
Extensions
D. Exceptional Events Demonstration
II. The State's Submittal and the EPA's Evaluation
A. Request for an Extension
B. The EPA's Evaluation
III. The EPA's Proposed Action
IV. Statutory and Executive Order Reviews
I. Background
A. 1997 Ozone NAAQS
Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NO<INF>X</INF>) in the presence of sunlight.\1\ These two pollutants,
referred to as ozone precursors, are emitted by many types of sources,
including on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints.
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\1\ The State of California refers to reactive organic gases
(ROG) rather than VOC in some of its ozone-related submissions. As a
practical matter, ROG and VOC refer to the same set of chemical
constituents, and for the sake of simplicity, we refer to this set
of gases as VOC in this proposed rule.
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Scientific evidence indicates that adverse public health effects
occur following exposure to ozone, particularly in children and adults
with lung disease. Breathing air containing ozone can reduce lung
function and inflame airways, which can increase respiratory symptoms
and aggravate asthma or other lung diseases.\2\
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\2\ EPA, Health Effects of Ozone Pollution, available at <a href="https://www.epa.gov/ground-level-ozone-pollution/health-effects-ozone-pollution">https://www.epa.gov/ground-level-ozone-pollution/health-effects-ozone-pollution</a>.
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Under section 109 of the Clean Air Act (CAA or ``Act''), the EPA
promulgates national ambient air quality standards (NAAQS or
``standards'') for pervasive air pollutants, such as ozone. The NAAQS
are concentration levels whose attainment and maintenance the EPA has
determined to be requisite to protect public health and welfare. In
1979, under section 109 of the CAA, the EPA established primary and
secondary standards for ozone at 0.12 parts per million (ppm) averaged
over a 1-hour period.\3\
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\3\ 44 FR 8202 (February 8, 1979).
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On July 18, 1997, the EPA revised the primary and secondary NAAQS
for ozone to set the acceptable level of ozone in the ambient air at
0.08 ppm, averaged over an 8-hour period.\4\ The EPA set the 1997 8-
hour ozone NAAQS based on scientific evidence demonstrating that ozone
causes adverse health effects at lower concentrations and over longer
periods of time than was understood when the pre-existing 1-hour ozone
standards were set. The EPA determined that the 8-hour standards would
be more protective of human health, especially for children and for
adults who are active outdoors, and for individuals with a preexisting
respiratory disease, such as asthma.
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\4\ 62 FR 38856. Primary standards provide public health
protection, including protecting the health of ``sensitive''
populations such as asthmatics, children, and the elderly. Secondary
standards provide public welfare protection, including protection
against decreased visibility and damage to animals, crops,
vegetation, and buildings. Since the primary and secondary standards
established in 1997 are set at the same level, we refer to them
herein using the singular ``1997 8-hour ozone NAAQS'' or ``1997 8-
hour ozone standard.''
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In March 2008, the EPA completed another review of the primary and
secondary ozone standards and tightened them further by lowering the
[[Page 12240]]
level for both to 0.075 ppm.\5\ The EPA revoked the 1997 8-hour ozone
NAAQS effective April 6, 2015; \6\ however, to comply with anti-
backsliding requirements of the Act, areas designated nonattainment at
the time that the 1997 8-hour ozone NAAQS was revoked remain subject to
certain requirements based on their classification at the time of
revocation, including requirements related to nonattainment contingency
measures under CAA sections 172(c)(9) and 182(c)(9) and, for ``Severe''
and ``Extreme'' areas, major source fee programs under CAA section
185.\7\ The EPA's determination that an area failed to attain by its
attainment date, which is made under CAA section 301 and consistent
with section 181(b)(2), triggers these anti-backsliding requirements.
See South Coast Air Quality Mgmt. Dist. v. EPA, 882 F.3d 1138, 1147
(D.C. Cir. 2018).
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\5\ 73 FR 16436 (March 27, 2008).
\6\ 80 FR 12264 (March 6, 2015).
\7\ 40 CFR 51.1100(o).
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On October 26, 2015, the EPA again revised the level of the primary
(and secondary) ozone NAAQS once more to 0.70 ppm.\8\
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\8\ 80 FR 65292.
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B. Coachella Valley 1997 Ozone Designation, Classifications and SIP
Revisions
Following promulgation of a new or revised NAAQS, the EPA is
required by the CAA to designate areas throughout the nation as
attaining or not attaining the standards. Effective June 15, 2004, we
designated nonattainment areas for the 1997 8-hour ozone standards.\9\
The designations and classifications for the 1997 8-hour ozone
standards for California areas are codified at 40 CFR 81.305. In a rule
governing certain facets of implementation of the 8-hour ozone
standards (the Phase 1 Rule), the EPA classified the Coachella Valley
as ``Serious'' for the 1997 8-hour ozone standards, with an attainment
date no later than June 15, 2013.\10\
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\9\ 69 FR 23858 (April 30, 2004).
\10\ 69 FR 23858 (April 30, 2004).
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The Coachella Valley includes a part of the Colorado Desert in
Riverside County, California, as well as parts of the adjacent mountain
ranges. For a precise description of the geographic boundaries of the
area, see 40 CFR 81.305. The Coachella Valley is under the jurisdiction
of the South Coast Air Quality Management District (SCAQMD or
``District''). The District and California Air Resources Board (CARB or
``State'') are responsible for adopting and submitting a state
implementation plan (SIP) to attain the 1997 8-hour ozone standards for
nonattainment areas in their jurisdiction. The District primarily
regulates stationary sources while CARB regulates mobile sources.
On November 28, 2007, the CARB requested that the EPA reclassify
the Coachella Valley 8-hour ozone nonattainment area from ``Serious''
to ``Severe-15.'' The EPA granted the reclassification, effective June
4, 2010, with an attainment date of not later than June 15, 2019.\11\
On June 12, 2017, the EPA approved District and CARB submittals
addressing many of the Severe nonattainment area planning requirements
under the CAA for Coachella Valley.\12\
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\11\ 75 FR 24409 (May 5, 2010).
\12\ 82 FR 26854.
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On June 11, 2019, the State requested a reclassification of
Coachella Valley from ``Severe-15'' to ``Extreme,'' which the EPA
granted with an attainment date of not later than June 15, 2024.\13\ As
explained in the notice for that action, the EPA's reclassification to
Extreme nonattainment applies only to the portions of the Coachella
Valley subject to the State's jurisdiction, and the EPA did not
reclassify any areas of Indian country within the boundaries of the
nonattainment area. On April 16, 2024, the EPA proposed approval of
District and CARB submittals addressing many of the Extreme area
planning requirements under the CAA for Coachella Valley.\14\ On June
12, 2024, the EPA finalized approval of certain elements of the Extreme
area plan, including the attainment demonstration, but deferred action
on the reasonable further progress demonstration and the vehicle miles
traveled offset demonstration.\15\
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\13\ 84 FR 32841 (July 10, 2019).
\14\ The proposal, 89 FR 26817, did not address the submittal's
reasonably available control technology demonstration.
\15\ 89 FR 49815.
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C. The EPA's Authority and Requirements for Attainment Date Extensions
Under CAA section 181(a)(5), the EPA may grant a state's request to
extend the attainment date established under CAA section 181(a)(5) if:
``(1) the State has complied with all requirements and commitments
pertaining to the area in the applicable implementation plan, and (2)
no more than 1 exceedance of the national ambient air quality standard
level for ozone has occurred in the area in the year preceding the
Extension Year.'' The EPA may grant a second 1-year extension if these
same criteria are met in the year following the first extension year.
The EPA cannot issue more than two one-year extensions under section
181(a)(5) for a single nonattainment area.
With respect to the first criterion, the EPA interprets the
provision as having been satisfied if a state can demonstrate that it
is in compliance with its approved implementation plan.\16\ A state may
meet this requirement by certifying its compliance, and in the absence
of such certification, the EPA may make a determination as to whether
the criterion has been met. See Delaware, 895 F.3d at 101-102.
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\16\ See Delaware Dept. of Nat. Resources and Envtl. Control v.
EPA, 895 F.3d 90, 101 (D.C. Cir. 2018) (holding that the CAA
requires only that an applying state with jurisdiction over a
nonattainment area comply with the requirements in its applicable
SIP, not every requirement of the Act); see also Vigil v. Leavitt,
381 F.3d 826, 846 (9th Cir. 2004).
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With respect to the second criterion, and specifically the 1997
ozone NAAQS, the EPA has interpreted the air quality criterion of CAA
section 181(a)(5)(B) to mean that an area's 4th highest daily maximum
8-hour value in the attainment year is 0.084 ppm or less.\17\
Furthermore, this value must be at the monitor with the highest 4th
highest daily 8-hour average of all the monitors that represent the
area, also called the design value monitor.\18\
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\17\ 40 CFR 51.907(a).
\18\ 40 CFR 51.907(c).
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D. Exceptional Events Demonstration
Congress has recognized that it may not be appropriate for the EPA
to use certain monitoring data collected by the ambient air quality
monitoring network and maintained in the EPA's air quality system (AQS)
database in certain regulatory determinations. Thus, in 2005, Congress
provided the statutory authority for the exclusion of data influenced
by ``exceptional events'' meeting specific criteria by adding section
319(b) to the CAA and granted the EPA with the authority to propose
regulations to review and manage air quality monitoring data influenced
by exceptional events.\19\
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\19\ Under CAA section 319(b), an exceptional event means an
event that: (i) affects air quality; (ii) is not reasonably
controllable or preventable; (iii) is an event caused by human
activity that is unlikely to recur at a particular location or a
natural event; and (iv) is determined by the EPA under the process
established in regulations promulgated by the EPA in accordance with
section 319(b)(2) to be an exceptional event. For the purposes of
section 319(b), an exceptional event does not include: (i)
stagnation of air masses or meteorological inversions; (ii) a
meteorological event involving high temperatures or lack of
precipitation; or (iii) air pollution relating to source
noncompliance.
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On March 22, 2007, the EPA promulgated the 2007 Exceptional Events
Rule in order to implement this 2005 CAA amendment.\20\ The 2007
[[Page 12241]]
Exceptional Events Rule created a regulatory process codified at 40 CFR
parts 50 and 51 (Sec. Sec. 50.1, 50.14, and 51.930). These regulatory
sections supersede the EPA's previous guidance on handling data
influenced by exceptional events. The sections contain definitions,
procedural requirements, requirements for air agency demonstrations,
criteria for the EPA's approval of the exclusion of event-affected air
quality data from the data set used for regulatory decisions, and
requirements for air agencies to take appropriate and reasonable
actions to protect public health from exceedances and violations of the
NAAQS. On October 3, 2016, the EPA promulgated a comprehensive revision
to the 2007 Exceptional Events Rule.\21\ The 2016 Exceptional Events
Rule revision addressed State demonstrations that emissions from a
wildfire smoke event cause a specific air pollution concentration in
excess of the NAAQS at a particular air quality monitoring location. If
such a demonstration is completed to the Administrator's satisfaction
and addresses the requirements of 40 CFR 50.14, the EPA must exclude
that data from use in determinations of exceedances and violations.\22\
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\20\ 72 FR 13650.
\21\ 81 FR 68216.
\22\ 40 CFR 50.14(b)(4).
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For the purposes of this proposed action, on October 11, 2024, CARB
submitted an exceptional events demonstration to the EPA on behalf of
the District. The demonstration showed the maximum daily 8-hour average
ozone concentration recorded at the Palm Springs--Fire Station monitor
(AQS Site ID #060655001) on July 14-15, 2023, were influenced by
Highland, Rabbit, and Reche wildfires.\23\ The EPA concurred with this
demonstration on December 10, 2024.\24\
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\23\ Letter from Steven S. Cliff, CARB, to Martha Guzman, EPA,
dated October 11, 2024. Following the District's release of the
District's Draft Exceptional Event Demonstration for public comment,
CARB submitted that Demonstration to EPA for parallel processing
(i.e. EPA's approval of the District's Draft Demonstration, on
September 12, 2024.
\24\ Letter from Matthew Lakin, EPA Region IX to Michael
Benjamin, CARB, dated December 10, 2024.
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One of the EPA's criteria for evaluating exceptional events is
regulatory significance, ``a demonstration that the event affected air
quality in such a way that there exists a clear causal relationship
between the specific event and the monitored exceedance or violation.''
\25\ In this case, the EPA found that the demonstration had regulatory
significance for purposes of calculating the Coachella Valley's 4th
highest ozone value in 2023, which could determine the area's
eligibility for an attainment date extension for the 1997 ozone NAAQS.
Therefore, the EPA proposes to take final regulatory action on the
concurred dates, as exceptional events to be removed from the dataset
used for regulatory purposes. The rationale of the EPA's exceptional
events concurrence is detailed in the docket.\26\ For this proposed
action, the EPA will rely on the calculated design values that exclude
the event-influenced data for the purpose of demonstrating attainment
of the 1997 ozone NAAQS. Further details on District's analyses and the
EPA's concurrence, including the exceptional events initial
notification, exceptional events demonstration, and the EPA's response
to the initial notification can also be found in the docket for this
regulatory action.
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\25\ 40 CFR 50.14(c)(3)(iv).
\26\ See Technical Support Document for EPA Concurrence on O3
Exceedances measured in Coachella Valley, California on July 14-15,
2023, as an Exceptional Event.
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While the EPA has concurred with the request to exclude event-
influenced air quality monitoring data from regulatory decisions, EPA
guidance anticipates the Agency will provide an opportunity for public
comment on the claimed exceptional events and all supporting data prior
to the EPA taking final agency action. This proposed action provides
the public with an opportunity to comment on the EPA-concurred
exceptional events, all supporting documents, and the EPA's concurrence
with the District and CARB request.
II. The State's Submittal and the EPA's Evaluation
A. Request for an Extension
On October 11, 2024, CARB submitted a letter (``CARB letter'')
requesting that the EPA grant a one-year extension under section
181(a)(5), to the Extreme area attainment date for the Coachella
Valley, from June 15, 2024, to June 15, 2025.\27\ It states, ``1) the
state has complied with all requirements and commitments pertaining to
the area in the applicable State Implementation Plan; and 2) air
quality data shows that for the first one-year extension, the area's
4th highest daily 8-hour average in the attainment year is at or below
the 1997 ozone standard.'' The CARB letter included a letter from the
District to CARB.\28\ It states, ``1. The State has complied with all
requirements and commitments pertaining to the area in the applicable
State Implementation Plan; and 2. In accordance with guidance published
by the Administrator, no more than a minimal number of exceedances of
the relevant national ambient air quality standard has occurred in the
area in the year preceding the extension year.'' The District letter
also includes an Attachment, ``South Coast AQMD's Demonstration of
Compliance with Clean Air Act Section 172(a)(2)(C) Requirements''
(``Demonstration of Compliance'').\29\
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\27\ Letter from Steven S. Cliff, CARB, to Martha Guzman, EPA,
dated October 11, 2024.
\28\ Letter from Wayne Nastri, SCAQMD, to Steven S. Cliff, CARB,
Re: Attainment Date Extension for the 1997 8-hour Ozone Standard for
the Coachella Valley, dated October 1, 2024.
\29\ CAA section 172 is consistent with CAA section 182(b)(5),
but the latter section is more specific to ozone.
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The Demonstration of Compliance identifies the relevant elements of
the SIP addressing the 1997 ozone NAAQS, the 2007 Air Quality
Management Plan (2007 AQMP''),\30\ and the 2014 Updates to the 1997 8-
Hour Ozone Standard, State Implementation Plans, Coachella Valley and
Western Mojave Desert (``2014 Updates'').\31\ The required elements
addressed by these plans included: the reasonable further progress and
rate of progress demonstrations, the motor vehicle emissions budgets
for transportation conformity, and the reasonably available control
measures demonstration,\32\ and vehicle miles traveled (VMT) offset
demonstration.\33\ In meeting these requirements, the 2007 AQMP did not
include new proposed control measures and the 2014 Updates relied on
existing or baseline measures.\34\ The Demonstration of Compliance
mentions another plan, the Revisions to PM<INF>2.5</INF> and Ozone SIP
for South Coast Air Basin and Coachella Valley, but the updated control
measures were not relied on for the attainment demonstration.\35\
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\30\ Air Quality Management Plan, SCAQMD, June 2007.
\31\ 2014 Updates to the 1997 8-Hour Ozone Standard, State
Implementation Plans, Coachella Valley and Western Mojave Desert,
CARB, Release Date: September 22, 2014.
\32\ Demonstration of Compliance, p. 3.
\33\ The CARB letter states that the EPA has approved an Extreme
area VMT offset demonstration (p. 1). The EPA has proposed approval,
see 89 FR 26817 (April 16, 2024), but, as of the signing of this
proposed action, has not taken further action on the Extreme area
VMT offset demonstration.
\34\ Demonstration of Compliance, p. 3 and 4.
\35\ Id., p. 2.
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For the Extreme area requirements, the Demonstration of Compliance
identifies the Coachella Valley Extreme Area Plan for 1997 8-Hour
Ozone, December 8, 2020 (``Coachella Extreme
[[Page 12242]]
Area Plan'') \36\ as the approved SIP submittal \37\ addressing the
1997 ozone NAAQS. This plan addresses the reasonable further progress
and rate of progress demonstrations, the reasonably available control
measures demonstration, and the attainment demonstration \38\ relying
only on continued implementation of existing rules.\39\ The
Demonstration of Compliance and the CARB letter also emphasize the no
new measures were taken to reduce emissions of ozone precursors.\40\
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\36\ The Coachella Valley Extreme Area Plan for the 1997 8-Hour
Ozone, SCAQMD, December 8, 2020.
\37\ 89 FR 49815 (June 12, 2024).
\38\ Demonstration of Compliance, see for example, p. 7.
\39\ Id.
\40\ Id., p. 5 and 6.
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The Demonstration of Compliance also discusses air quality
monitoring trends. The 2023 design value, which is based on data from
2021 to 2023, for Coachella Valley is 0.085 ppm, which does not meet
the 1997 ozone NAAQS.\41\ The Demonstration of Compliance, however,
also notes the exceptional events demonstration submitted for EPA
approval, which, if concurred upon, would result in a 4th highest daily
8-hour average value in the 2023 attainment year of 0.083 ppm, which is
less than 0.084 ppm. The EPA concurred upon the exceptional events
demonstration on December 10, 2024.
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\41\ Id., p. 8.
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B. The EPA's Evaluation
1. Compliance With the Applicable SIP
The District and CARB have certified that they have complied with
all requirements and commitments pertaining to these areas in the
approved implementation plan. We acknowledge the 2007 AQMP, 2014 SIP
Updates and the Coachella Extreme Area Plan were approved into the SIP
\42\ and relied on existing measures and did not include new rules or
commitments for future rules.
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\42\ The 2007 AQMP and 2014 SIP Updates were approved into the
SIP in a final rule published on June 12, 2017 (82 FR 26854). The
relevant portions of the Coachella Extreme Area Plan were approved
into the SIP in a final rule published on June 12, 2024 (89 FR
49815).
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An additional State submittal, not included in the CARB letter or
its attachments, addressed the CAA 1997 ozone requirements for a
reasonably available control technology (RACT) demonstration. On
December 18, 2008, the EPA approved the ``SCAQMD 8-hour Ozone
Reasonably Available Control Technology (RACT) State Implementation
Plan (SIP) Demonstration'' (``2008 RACT Demonstration'') \43\ for the
1997 ozone NAAQS into the SIP.\44\ Like the other Coachella Valley plan
submissions, the RACT SIP submittal did not include new rules but
instead evaluated existing rules, which the EPA determined adequate to
address the Serious area RACT SIP requirement.\45\ The State has
submitted subsequent documents to address the RACT SIP requirements for
the 2008 and 2015 ozone NAAQS. The Coachella Valley Extreme Area Plan
included a RACT SIP analysis intended to supplement the RACT SIP
submittal for the 2015 ozone NAAQS \46\ and to fulfill the Extreme area
RACT SIP requirements for the 1997 ozone NAAQS; however, the EPA has
yet to act on this submittal. The 2008 RACT Demonstration is the only
SIP-approved submittal addressing the RACT requirements for the 1997
ozone NAAQS. Therefore, the EPA is proposing to determine that the
State has complied with all SIP-approved RACT requirements for the 1997
ozone NAAQS for the Coachella Valley, and that CARB and the District
have complied with all requirements and commitments pertaining to the
area in the applicable implementation plan.\47\
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\43\ SCAQMD 8-Hour Ozone Reasonably Available Control Technology
(RACT) State Implementation Plan (SIP) Demonstration, SCAQMD, June
2006.
\44\ 73 FR 76947.
\45\ State has submitted subsequent documents addressing the CAA
RACT requirements, including the Coachella Extreme Area Plan, which
included a supplemental RACT demonstration, updating the RACT.
\46\ Draft Final Staff Report for 2015 8-Hour Ozone Standard
Reasonably Available Control Technology (RACT) Demonstration,
SCAQMD, May 2020.
\47\ Some of the Coachella Valley 1997 ozone NAAQS SIP planning
requirements remain unaddressed, such as the contingency measure
requirement; however, for this demonstration, the State must show it
has implemented the EPA-approved SIP, as discussed in Section I.C.
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The Demonstration of Compliance also addressed monitoring data.
Based on our concurrence on the District and CARB exceptional events
demonstration, the 4th highest daily maximum 8-hour average ozone
concentration recorded during 2023 for the Coachella Valley was 0.083
ppm, less than 0.084 ppm as required to satisfy the criteria under 40
CFR 51.907(a). Therefore, based on our proposed determination that the
State has complied with all requirements and commitments pertaining to
the area in the applicable attainment plan, and based on the 4th
highest daily maximum 8-hour average ozone concentration of 0.083 ppm
in the attainment year, the EPA proposes to grant the requested 1-year
extension of the June 15, 2024 Extreme area attainment date for the
Coachella Valley area.
2. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA requires States to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. In the Coachella Valley, SCAQMD is
responsible for assuring that the area meets air quality monitoring
requirements. The District's annual network plans describe the air
monitoring network as required under 40 CFR 58.10. The EPA reviews
these annual network plans for compliance with specific requirements in
40 CFR part 58. With respect to ozone, we have found that the annual
network plan submitted by SCAQMD meets the minimum monitoring
requirements of 40 CFR part 58.\48\
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\48\ We have included a copy of SCAQMD's annual network plan for
2023 in the docket for this rulemaking, along with a letter
providing EPA's review of this plan.
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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 2020 TSA of the SCAQMD ambient air monitoring
program.\49\ The results of this TSA do not preclude the EPA from
determining that the Coachella Valley qualifies for an extension of the
1997 ozone NAAQS.
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\49\ See letter from Elizabeth Adams, EPA Region IX, to Dr. Matt
Miyasato, SCAQMD, dated March 18, 2021, and enclosure titled,
``Technical Systems Audit Report, SCAQMD, June 1-June 5, 2020.''
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3. Monitoring Data
In accordance with 40 CFR 58.15, South Coast AQMD certifies
annually that the previous year's ambient concentration and quality
assurance data are completely submitted to AQS and that the ambient
concentration data are accurate, taking into consideration the quality
assurance findings.\50\ As discussed in Section 1.B.4 of this document,
and consistent with CAA section 181(a)(5), 40 CFR 51.907 requires a
nonattainment area's 4th highest daily 8-hour average to be 0.084 ppm
or less in the attainment year for the area to be eligible for an
extension. Two ozone monitoring sites were located in the Coachella
Valley in 2023. One site, Indio--Jackson Street, was closed in 2023 due
to a loss of lease. The District began monitoring at a new
[[Page 12243]]
location on January 1, 2024, which the EPA approved on October 29,
2024.\51\ Because the Indio--Jackson Street monitor has not
historically measured the highest ozone concentrations in the area, we
find that the incompleteness of the 2023 data set from that site does
not preclude an extension of the 1997 ozone NAAQS for the Coachella
Valley. The monitoring data summarized in Table 1 are otherwise
complete for the purposes of an attainment date extension.
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\50\ We have included South Coast AQMD's annual data
certification for 2023 in the docket for this rulemaking.
\51\ Letter from Dena Vallano, EPA Region IX, to Jason C. Low,
SCAQMD, dated October 29, 2024.
Table 1--Coachella Valley Ozone 2023 4th High 8-Hour Ozone Concentrations and Design Values (ppm)
----------------------------------------------------------------------------------------------------------------
2023 4th highest daily maximum
Site name AQS ID (ppm)
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Palm Springs--Fire Station.................................... 060655001 \1\ 0.083
Joshua Tree NP--Cottonwood Visitor Center..................... 060650010 0.071
Indio......................................................... 060652002 \2\ N/A
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\1\ Excludes exceptional events as discussed in Section I.D.
\2\ Data was not collected at the Indio site in 2023 due to temporary closure.
Source: EPA, AQS Design Value (AMP480), Report Request ID: 2248793, December 20, 2024.
III. The EPA's Proposed Action
In response to a request from the State of California on October
11, 2024, the EPA is proposing to grant a one-year extension to the
applicable Extreme area attainment date for the 1997 ozone NAAQS for
the Coachella Valley. The proposed action to extend the applicable
Extreme attainment date for this nonattainment area is based on the
EPA's evaluation of air quality monitoring data and the extension
request submitted by the State of California and our determination that
the State has satisfied the two statutory criteria for a one-year
extension under CAA section 181(a)(5) and 40 CFR 51.907.
If finalized, this action would extend the applicable Extreme area
attainment date for the Coachella Valley from June 15, 2024, to June
15, 2025. In addition, the EPA would be obligated to determine whether
the area attained the standard within six months following the
applicable attainment date, consistent with CAA Section 181(b)(2)(A).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve
submissions that comply with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing this submissions, the EPA's role is to evaluate a state's
demonstration and whether it meets the criteria of the Clean Air Act.
Accordingly, this proposed action does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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);
<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 proposes to extend the attainment date for 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 Clean Air Act.
In addition, 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. 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).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: March 4, 2025.
Cheree D. Peterson,
Acting Regional Administrator, Region IX.
[FR Doc. 2025-04035 Filed 3-14-25; 8:45 am]
BILLING CODE 6560-50-P
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