Rule2025-09997
Clean Data Determination and Approval of Base Year Emissions Inventory; California; Los Angeles-South Coast Air Basin; 189(d) Plan for the 2006 24-Hour PM2.5 NAAQS
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Published
June 3, 2025
Effective
July 3, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is making 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 24-hour fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards (NAAQS). As a result of this CDD, certain Clean Air Act (CAA) requirements that have applied to California 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 approving 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.
Full Text
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<title>Federal Register, Volume 90 Issue 105 (Tuesday, June 3, 2025)</title>
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[Federal Register Volume 90, Number 105 (Tuesday, June 3, 2025)]
[Rules and Regulations]
[Pages 23443-23445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-09997]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0472; FRL-12322-02-R9]
Clean Data Determination and 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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is making 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 24-hour fine
particulate matter (PM<INF>2.5</INF>) national ambient air quality
standards (NAAQS). As a result of this CDD, certain Clean Air Act (CAA)
requirements that have applied to California 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 approving 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.
DATES: his rule is effective July 3, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0472. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. 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, EPA Region IX, 75
Hawthorne Street, San Francisco, CA 94105; phone: (415) 972-3877;
email: <a href="/cdn-cgi/l/email-protection#ee899c8f868f83c08f9d86828b979cae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="95f2e7f4fdf4f8bbf4e6fdf9f0ece7d5f0e5f4bbf2fae3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On November 25, 2024, the EPA proposed 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 attained the
[[Page 23444]]
2006 24-hour PM<INF>2.5</INF> NAAQS.<SUP>1 2</SUP> In conjunction with
and based on our proposed determination that the South Coast area had
attained and was currently attaining the 2006 24-hour PM<INF>2.5</INF>
NAAQS, and in accordance with 40 CFR 51.1015, the EPA proposed to issue
a CDD for the South Coast PM<INF>2.5</INF> nonattainment area for those
NAAQS.
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\1\ 89 FR 92873 (November 25, 2024).
\2\ The EPA also evaluated preliminary data available in the
EPA's Air Quality System (AQS) for 2024 (January through June).
These data indicated that the South Coast area continued to show
concentrations below the level of the 2006 24-hour PM<INF>2.5</INF>
NAAQS. Id. at 92877.
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The EPA's proposal explained that if we were to finalize the
proposal, the requirements for the area to submit an attainment
demonstration, reasonable further progress plan, quantitative
milestones and quantitative milestone reports, contingency measures,
and any other SIP revisions related to attainment of the 2006 24-hour
PM<INF>2.5</INF> NAAQS would be suspended so long as the area continues
to meet the standards. Our proposal noted that California had already
submitted an attainment plan titled ``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'') \3\ to address these requirements and
that the EPA would evaluate and act on the remaining SIP elements in
the submitted plan through subsequent rulemakings, as appropriate.\4\
We also explained that a CDD does not constitute a redesignation to
attainment, and that 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 standards for 10
years.\5\
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\3\ 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).
\4\ 89 FR 92873, 92880 (November 25, 2024).
\5\ Id.
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Finally, as authorized in CAA section 110(k)(3), we proposed 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) based on our evaluation and finding
that the inventory fulfills all relevant requirements.
Please see our November 25, 2024 proposed rulemaking \6\ for
additional background and a detailed explanation of the rationale for
our proposed action.
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\6\ 89 FR 92873 (November 25, 2024).
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II. Public Comment
The public comment period on the proposed rulemaking opened on
November 25, 2024,\7\ the date of its publication in the Federal
Register, and closed on December 26, 2024. We did not receive any
public comments on our proposal.
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\7\ Id.
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III. Final Action
Preliminary data available in the EPA's Air Quality System (AQS)
for 2024 (January through December) indicate that the area continues to
show concentrations consistent with attainment of the 2006 24-hour
PM<INF>2.5</INF> NAAQS.\8\ Thus, for the reasons discussed in detail in
the proposed rulemaking and summarized herein, the EPA is taking final
action 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.
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\8\ EPA, AQS Design Value Report (AMP480), Report Request ID:
2277348, April 1, 2025.
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Based on our 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 issuing a CDD for the South
Coast PM<INF>2.5</INF> nonattainment area for the 2006 24-hour
PM<INF>2.5</INF> NAAQS. Consequently, the requirements for this area to
submit any remaining attainment-related SIP revisions will be suspended
for so long as the area continues to attain those NAAQS. These
attainment-related SIP revisions include the attainment demonstration,
reasonable further progress 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. As discussed in our proposal, 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 that 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
standards for 10 years.
We are also finalizing approval of 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 approving the submitted base
year emissions inventory based on our determination that it fulfills
all relevant requirements.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law.
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.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action finds that the South Coast PM<INF>2.5</INF>
nonattainment area is attaining the 2006 24-hour PM<INF>2.5</INF> NAAQS
and approves the base year emissions inventory in the South Coast
PM<INF>2.5</INF> Plan. Thus, this action does not impose additional
requirements beyond those imposed by state law.
[[Page 23445]]
D. 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.
E. 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.
F. 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.
G. 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.
H. 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 finalizes a CDD and
approval of a base year emissions inventory as meeting Federal
requirements. Furthermore, the EPA's Policy on Children's Health does
not apply to this action.
I. 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.
J. 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.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 4, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: May 21, 2025.
Joshua F. W. Cook,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraph (c)(627) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(627) The following plan was submitted on December 29, 2020, by the
Governor's designee as an attachment to a letter dated December 28,
2020.
(i) [Reserved]
(ii) Additional materials. (A) South Coast Air Quality Management
District.
(1) ``Final South Coast Air Basin Attainment Plan for the 2006 24-
hour PM<INF>2.5</INF> Standard,'' adopted December 4, 2020, portions of
Chapter 3 (``Base-Year and Future Emissions'') and Appendix I
(``Emissions Inventory'') pertaining to the 2018 base year emissions
inventory.
(2) [Reserved]
(B) [Reserved]
0
3. Section 52.247 is amended by adding paragraph (r) to read as
follows:
Sec. 52.247 Control Strategy and regulations: Fine Particle Matter.
* * * * *
(r) Determination of attainment. Effective July 3, 2025, the EPA
has determined that, based on 2021 to 2023 ambient air quality data,
the South Coast PM<INF>2.5</INF> nonattainment area has attained the
2006 24-hour PM<INF>2.5</INF> NAAQS. Under the provisions of the EPA's
PM<INF>2.5</INF> implementation rule (see 40 CFR 51.1015), this
determination suspends the requirements for this area to submit an
attainment demonstration, a reasonable further progress plan,
quantitative milestones and quantitative milestone reports, contingency
measures, and any other planning SIP revisions related to attainment
for as long as this area continues to attain the 2006 24-hour
PM<INF>2.5</INF> NAAQS. If the EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 2006 24-hour
PM<INF>2.5</INF> NAAQS, the corresponding determination of attainment
for that area shall be withdrawn.
[FR Doc. 2025-09997 Filed 6-2-25; 8:45 am]
BILLING CODE 6560-50-P
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