```

[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Rules and Regulations]
[Pages 1514-1522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33304]

[[Page 1514]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2015-0204; FRL-9940-84-Region 9]

Designation of Areas for Air Quality Planning Purposes; 
California; South Coast; Reclassification as Serious Nonattainment for 
the 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to reclassify the Los Angeles-South Coast Air Basin (South 
Coast) Moderate PM2.5 nonattainment area, including areas of 
Indian country within it, as a Serious nonattainment area for the 2006 
PM2.5 national ambient air quality standards (NAAQS), based 
on the EPA's determination that the area cannot practicably attain 
these NAAQS by the applicable attainment date of December 31, 2015. As 
a consequence of this reclassification, California must submit, no 
later than 18 months from the effective date of this reclassification, 
nonattainment new source review (NNSR) program revisions and a Serious 
area attainment plan including a demonstration that the plan provides 
for attainment of the 2006 24-hour PM2.5 standards in the 
South Coast area as expeditiously as practicable and no later than 
December 31, 2019.

DATES: This rule is effective on February 12, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0204 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be publicly available in either 
location (e.g., confidential business information (CBI)). To inspect 
the docket materials in person, please schedule an appointment during 
normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region 9, (415) 947-4192, 
tax.wienke@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Summary of Final Action
III. Public Comments and EPA Responses
IV. Final Action
    A. Reclassification as Serious Nonattainment and Applicable 
Attainment Dates
    B. Reclassification of Reservation Areas of Indian Country
    C. PM2.5 Serious Area SIP Requirements
V. Statutory and Executive Order Reviews

I. Proposed Action

    On October 20, 2015 (80 FR 63640), the EPA proposed to approve 
portions of California's Moderate area plan to address the 2006 primary 
and secondary 24-hour PM2.5 NAAQS in the South Coast and to 
reclassify the South Coast nonattainment area, including areas of 
Indian country within it, from Moderate to Serious nonattainment for 
these standards, based on the EPA's determination that the area cannot 
practicably attain these NAAQS by the applicable attainment date of 
December 31, 2015.\1\ Under section 188(b)(1) of the CAA, prior to an 
area's attainment date, the EPA has discretionary authority to 
reclassify as a Serious nonattainment area ``any area that the 
Administrator determines cannot practicably attain'' the 
PM2.5 NAAQS by the Moderate area attainment date.\2\ As part 
of our proposed action, we reviewed recent PM2.5 monitoring 
data for the South Coast available in EPA's Air Quality System (AQS) 
database. These data show that 24-hour PM2.5 levels in the 
South Coast continue to be above 35 [mu]g/m\3\, the level of the 2006 
PM2.5 standards, and the recent trends in the South Coast 
area's 24-hour PM2.5 levels are not consistent with a 
projection of attainment by the end of 2015.\3\
---------------------------------------------------------------------------

    \1\ See proposed rule at 80 FR 63640 (October 20, 2015) for a 
more detailed discussion of the background for this action, 
including the history of the PM2.5 NAAQS established in 
2006, health effects and sources of PM2.5, designation of 
the SJV as nonattainment for the PM2.5 standards, and the 
EPA's actions on the submittals from the state of California to 
address the nonattainment area planning requirements for the 2006 
PM2.5 NAAQS in the SJV.
    \2\ Section 188(b)(1) of the Act is a general expression of 
delegated rulemaking authority. See ``State Implementation Plans; 
General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992) (hereafter 
``General Preamble'') at 13537, n. 15. Although subparagraphs (A) 
and (B) of section 188(b)(1) contain specific timeframes for EPA to 
reclassify any areas that it determines cannot practicably attain 
the PM standards by the applicable attainment date, these 
subparagraphs do not restrict the general authority to reclassify an 
area, as appropriate, at any time before the attainment date but 
simply specify that, at a minimum, the EPA's authority must be 
exercised at certain times. See id.
    \3\ The PM2.5 monitoring data that EPA reviewed 
indicate that 24-hour PM2.5 design values are at 38 ug/m3 
in the South Coast, above the level of the 2006 PM2.5 
NAAQS (35 ug/m3). EPA also calculated ``maximum allowed'' 2015 98th 
percentile concentrations that would enable the area to attain the 
2006 24-hour PM2.5 NAAQS by the end of 2015 and found 
that even conservative estimates of the 98th percentile 
concentration in 2015 at two monitoring sites--Rubidoux and Mira 
Loma-Van Buren--were greater than the ``maximum allowed'' 
concentration. See 80 FR 63640, 63653 (October 20, 2015) and 
Memorandum dated August 21, 2015, Michael Flagg, US EPA Region 9, 
Air Quality Analysis Office.
---------------------------------------------------------------------------

    In the proposed rule, we explained that under section 188(c)(2) of 
the Act, the attainment date for a Serious area ``shall be as 
expeditiously as practicable but no later than the end of the tenth 
calendar year beginning after the area's designation as nonattainment. 
. . .'' The South Coast was designated nonattainment for the 2006 
PM2.5 NAAQS effective December 14, 2009.\4\ Therefore, as a 
result of our reclassification of the South Coast area as a Serious 
nonattainment area, the attainment date under section 188(c)(2) of the 
Act for the 2006 PM2.5 NAAQS in this area is as 
expeditiously as practicable but no later than December 31, 2019.
---------------------------------------------------------------------------

    \4\ 74 FR 58688 (November 13, 2009).
---------------------------------------------------------------------------

    Our proposed rule also identified the Serious area attainment plan 
elements that California would, upon reclassification, have to submit 
to satisfy the statutory requirements that apply to Serious areas, 
including the requirements of subpart 4 of part D, title I of the 
Act.\5\ The EPA explained that under section 189(b)(2) of the Act, the 
State must submit the required provisions to implement best available 
control measures (BACM), including best available control technology 
(BACT), no later than 18 months after reclassification and must submit 
the required attainment demonstration no later than 4 years after 
reclassification. We noted, however, that section 189(b)(2) establishes 
outer bounds on the SIP submission deadlines and does not preclude the 
EPA's establishment of earlier deadlines as necessary or appropriate to 
assure consistency among the required submissions and to implement the 
statutory requirements in a timely manner to ensure expeditious 
attainment of the NAAQS.\6\ Because an up-to-date emissions inventory 
serves as the foundation for a state's BACM and BACT determinations, 
the EPA

[[Page 1515]]

proposed to require the State to submit the emissions inventory 
required under CAA section 172(c)(3) within 18 months after the 
effective date of final reclassification. Similarly, because an 
effective evaluation of BACM and BACT requires evaluation of the 
precursor pollutants that must be controlled to provide for expeditious 
attainment, the EPA proposed to require the State to submit any 
optional precursor insignificance demonstrations by this same date. The 
EPA proposed to require the State to submit the attainment 
demonstration required under section 189(b)(1)(A) and all other 
attainment-related plan elements for the South Coast area no later than 
three years after the effective date of final reclassification or by 
December 31, 2018, whichever is earlier.
---------------------------------------------------------------------------

    \5\ See proposed rule at 80 FR 63640 (October 20, 2015).
    \6\ Id. at 63658.
---------------------------------------------------------------------------

    With respect to the nonattainment new source review (NNSR) program 
revisions to establish appropriate ``major stationary source'' 
thresholds for direct PM2.5 and PM2.5 precursors 
in accordance with CAA section 189(b)(3), the EPA proposed to require 
the State to submit these NNSR SIP revisions for the South Coast area 
no later than 18 months after the effective date of final 
reclassification.

II. Summary of Final Action

    Today we are finalizing only our proposal to reclassify the South 
Coast area as a Serious nonattainment area for the 2006 
PM2.5 NAAQS. We are not taking final action at this time on 
our proposal to approve elements of California's Moderate area plan for 
the 2006 PM2.5 NAAQS in the South Coast and will complete 
that action at a later time.
    As a consequence of our reclassification of the South Coast area as 
Serious nonattainment for the 2006 PM2.5 NAAQS, California 
is required to submit additional SIP revisions to satisfy the statutory 
requirements that apply to Serious areas, including the requirements of 
subpart 4 of part D, title I of the Act. For the reasons provided in 
Section III of this preamble, the EPA is requiring the State to adopt 
and submit all required components of the Serious Area plan for the 
South Coast area, including nonattainment new source review (NNSR) SIP 
revisions to address the statutory requirements for Serious areas under 
subpart 4, no later than 18 months after the effective date of this 
reclassification.
    The attainment date under section 188(c)(2) of the Act for the 2006 
PM2.5 standards in this area is as expeditiously as 
practicable but no later than December 31, 2019.

III. Public Comments and EPA Responses

    Because we are finalizing only our proposal to reclassify the South 
Coast area as Serious nonattainment for the 2006 PM2.5 
NAAQS, we are responding only to comments pertaining to the 
reclassification and its consequences. The EPA received several comment 
letters on our proposed actions, only one of which contains comments 
relevant to the reclassification. The comment letter was submitted by 
Earthjustice on behalf of the Center for Biological Diversity, 
Coalition for Clean Air, Communities for a Better Environment, East 
Yard Communities for Environmental Justice, and Sierra Club 
(``Earthjustice'') on November 19, 2015, prior to the close of the 
comment period on our proposal.\7\
---------------------------------------------------------------------------

    \7\ See letter with attachments dated November 19, 2015 to Ms. 
Wienke Tax, US Environmental Protection Agency Region 9, from 
Adriano L. Martinez, Earthjustice, Los Angeles Office.
---------------------------------------------------------------------------

    We summarize and respond to the relevant comments below. In a 
separate rulemaking, we will take final action on California's 
submitted Moderate area plan for the 2006 PM2.5 NAAQS in the 
South Coast and will respond to comments pertaining to our proposed 
action on the submitted plan at that time.
    Comment 1: Earthjustice argues that section 188(b)(1) establishes 
specific outside deadlines for the EPA's reclassification of 
appropriate areas as Serious nonattainment and ``does not provide 
general authority to reclassify areas anytime EPA chooses before the 
attainment deadline.'' Citing CAA section 188(b)(1)(B), Earthjustice 
asserts that the EPA's discretionary authority to reclassify a Moderate 
area as a Serious area before the attainment deadline is available only 
within 18 months after the required date for the submission of a 
Moderate area SIP, which in turn is due within 18 months after the 
area's designation as nonattainment. Because the South Coast area was 
designated nonattainment for the 2006 p.m.2.5 NAAQS on December 14, 
2009, according to Earthjustice, the Moderate area SIP for the area was 
due June 14, 2011, and the ``deadline for approving a voluntary 
reclassification request'' was therefore December 14, 2012. Thus, 
Earthjustice argues, ``EPA no longer has authority under the statute to 
use section 188(b)(1) to voluntarily reclassify the South Coast basin 
and provide four years for submission of a serious area plan.''
    In support of these arguments, Earthjustice quotes from EPA's 1992 
General Preamble,\8\ which states that ``[f]or areas designated 
nonattainment after enactment of the 1990 [Clean Air Act Amendments], 
EPA must reclassify appropriate areas as serious within 18 months of 
the required submittal date for the moderate area SIP'' and that, read 
together with the statutory requirement to submit such SIPs within 18 
months after nonattainment designations, the Act requires EPA to 
reclassify these areas as serious within three years of the 
nonattainment designation.
---------------------------------------------------------------------------

    \8\ ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992) (the ``General Preamble'').
---------------------------------------------------------------------------

    Response 1: We disagree with the commenter's argument that the 
EPA's discretionary authority in section 188(b)(1) is limited to the 
timeframes set forth in sections 188(b)(1)(A) and (B).
    The EPA is reclassifying the South Coast area as Serious 
nonattainment pursuant to the general authority in CAA section 
188(b)(1),\9\ not pursuant to section 188(b)(1)(B). As explained in the 
1992 General Preamble, ``[u]nder the plain meaning of the terms of 
section 188(b)(1), EPA has general discretion to reclassify at any time 
before the applicable attainment date any area EPA determines cannot 
practicably attain the standards by such date'' (emphases added).\10\ 
With respect to the dates specified in subsections (A) and (B) of 
section 188(b)(1), the EPA specifically explained in the General 
Preamble that ``[t]hese subparagraphs do not restrict the general 
authority [in section 188(b)(1)] but simply specify that, at a minimum, 
it must be exercised at certain times.''\11\ This interpretation of 
section 188(b)(1) as allowing the EPA to reclassify moderate areas as 
serious ``at any time EPA determines that an area cannot practicably 
attain the standards by the applicable attainment date'' facilitates 
the statutory objective of attaining the PM-10 standards--e.g., by 
ensuring that additional control measures such as BACM are implemented 
sooner and by expediting the application of more stringent new source 
review requirements.\12\ The EPA reiterated this interpretation of 
section 188(b)(1) in the 1994 p.m.-10

[[Page 1516]]

Addendum \13\ and in several discretionary reclassification actions 
subsequent to the 1990 CAA Amendments.\14\
---------------------------------------------------------------------------

    \9\ Unlike the ``voluntary reclassification'' provision in CAA 
section 181(b)(3), which requires EPA to grant the request of any 
state to reclassify an ozone nonattainment area in that state to a 
higher classification, the ``discretionary reclassification'' 
provision in CAA section 188(b)(1) grants EPA general authority to 
reclassify areas in accordance with the statutory criteria therein, 
independent of state requests.
    \10\ General Preamble, 57 FR 13498, 13537 at n. 15 (April 16, 
1992).
    \11\ Id.
    \12\ General Preamble, 57 FR 13498, 13537.
    \13\ ``State Implementation Plans for Serious PM-10 
Nonattainment Areas, and Attainment Date Waivers for PM-10 
Nonattainment Areas Generally; Addendum to the General Preamble for 
the Implementation of Title I of the Clean Air Act Amendments of 
1990,'' 59 FR 41998, 41999 (August 16, 1994) (the ``PM-10 
Addendum'').
    \14\ See 58 FR 3334, 3336 (Jan. 8, 1993)(discharging EPA's 
statutory duty under section 188(b)(1)(A) to ``reclassify 
appropriate initial moderate PM-10 nonattainment areas as serious by 
December 31, 1991'' but noting EPA's broad discretion under section 
188(b)(1) to reclassify additional areas at a later date); see also 
80 FR 18528 (April 7, 2015) (final discretionary reclassification of 
San Joaquin Valley for 1997 p.m.2.5 NAAQS signed March 27, 2015).
---------------------------------------------------------------------------

    Specifically, with respect to areas designated nonattainment by 
operation of law upon enactment of the 1990 CAA Amendments (i.e., 
``initial'' PM-10 nonattainment areas), the EPA's longstanding 
interpretation of section 188(b)(1)(A) has been that ``the amended Act 
specifies certain dates by which EPA must propose to reclassify 
appropriate moderate areas as serious . . . and take final action,'' 
where the EPA determines that the area cannot ``practicably'' attain 
the PM-10 NAAQS by December 31, 1994.\15\ The EPA further explained, 
however, that ``EPA also has discretionary authority under section 
188(b)(1) to reclassify any of these areas as serious at any time, if 
EPA determines they cannot practicably attain the PM-10 NAAQS by 
December 31, 1994,'' \16\ and provided examples of the circumstances 
that may warrant such discretionary reclassification at a later date--
i.e., after the December 31, 1991 date specified in section 
188(b)(1)(A).\17\ In the PM-10 Addendum, the EPA stated that 
``[s]ection 188(b)(1)(A) provides an accelerated schedule by which EPA 
is to reclassify appropriate initial PM-10 nonattainment areas'' but 
reiterated the Agency's interpretation of section 188(b)(1) as a 
general grant of authority to also reclassify initial PM-10 areas at 
later points in time before the attainment date.\18\
---------------------------------------------------------------------------

    \15\ General Preamble, 57 FR 13498, 13537. Under section 
188(c)(1) of the Act, December 31, 1994 was the latest permissible 
Moderate area attainment date for an area designated nonattainment 
for PM-10 by operation of law under the 1990 CAA Amendments.
    \16\ General Preamble, 57 FR 13498, 13537.
    \17\ Id. (``The EPA may exercise this discretion where, for 
example, EPA originally believed an area could attain the PM-10 
NAAQS by December 31, 1994 but later determines that it cannot 
attain''); see also 56 FR 58656, 58657 (Nov. 21, 1991)(noting that 
``EPA also has discretion to reclassify any of these areas as 
serious after December 31, 1991 (e.g., after reviewing the State's 
PM-10 SIP), if EPA determines they cannot practicably attain the PM-
10 NAAQS by December 31, 1994'') and 58 FR 3334, 3336 (Jan. 8, 1993) 
(noting that EPA may in the future reclassify additional PM-10 
nonattainment areas using its discretionary authority in section 
188(b)(1)).
    \18\ PM-10 Addendum, 59 FR 41998, 41999 (August 16, 1994) (``In 
the future, EPA anticipates that, generally, any decision to 
reclassify an initial PM-10 nonattainment area before the attainment 
date will be based on specific facts or circumstances demonstrating 
that the NAAQS cannot practicably be attained by December 31, 1994 . 
. .'').
---------------------------------------------------------------------------

    Likewise, the EPA has long interpreted section 188(b)(1)(B) as 
establishing a ``timeframe within which EPA is to reclassify 
appropriate areas designated nonattainment for PM-10 subsequent to 
enactment of the 1990 Amendments'' but not as a limitation on EPA's 
general authority to reclassify such areas at any time before the 
applicable attainment date.\19\ In the PM-10 Addendum, the EPA 
reiterated its view that the directive in section 188(b)(1)(B) ``does 
not restrict EPA's general authority, but simply specifies that it is 
to be exercised, as appropriate, in accordance with certain dates.'' 
\20\ The EPA recently finalized a discretionary reclassification action 
for a PM2.5 nonattainment shortly before the applicable 
attainment date, consistent with this interpretation of CAA section 
188(b)(1).\21\
---------------------------------------------------------------------------

    \19\ General Preamble, 57 FR at 13537 and PM-10 Addendum, 59 FR 
at 41999.
    \20\ PM-10 Addendum, 59 FR 41998, 41999 at n. 4 (August 16, 
1994).
    \21\ See 80 FR 18528 (April 7, 2015) (final discretionary 
reclassification of San Joaquin Valley for 1997 p.m.2.5 NAAQS signed 
March 27, 2015).
---------------------------------------------------------------------------

    The commenter quotes selectively from a portion of the General 
Preamble addressing areas designated nonattainment after enactment of 
the 1990 CAA Amendments but fails to acknowledge both the more 
extensive discussion of section 188(b)(1) that precedes the quoted 
text, as explained above, and the text in the PM-10 Addendum that 
reiterates the Agency's interpretation of section 188(b)(1)(B) 
specifically. Moreover, both the statutory text in CAA section 
188(b)(1)(B) and the interpretive language in the General Preamble that 
the commenter quotes explicitly state that the EPA's obligation under 
CAA section 188(b)(1)(B) is to reclassify ``appropriate'' areas within 
18 months after the required date for the State's submission of a SIP 
for the Moderate Area.\22\ Congress granted the EPA broad discretion to 
identify the areas that are ``appropriate'' for such reclassification 
\23\ and to reclassify additional areas after the timeframes specified 
in subsections (A) or (B). Thus, the fact that the EPA did not find the 
South Coast area ``appropriate'' for discretionary reclassification 
within the timeframe specified in section 188(b)(1)(B) does not 
preclude the EPA's discretionary reclassification of the area at a 
later date, based on a determination that the area cannot practicably 
attain the PM2.5 NAAQS by the applicable attainment date.
---------------------------------------------------------------------------

    \22\ See CAA section 188(b)(1)(B) (requiring, for areas 
designated nonattainment after enactment of the 1990 CAA Amendments, 
that the Administrator ``reclassify appropriate areas'' within 18 
months after the required date for the State's submission of a SIP 
for the Moderate Area).
    \23\ As EPA explained in its 1993 reclassification of 
``appropriate'' initial PM-10 nonattainment areas from Moderate to 
Serious under section 188(b)(1)(A), the Act does not specify what 
information EPA must consider in exercising the authority delegated 
to it by section 188(b)(1) and thus grants EPA broad discretion to 
consider any relevant information, including information in SIP 
submittals. 58 FR 3334, 3336 at n. 7 (Jan. 8, 1993).
---------------------------------------------------------------------------

    Furthermore, under the commenter's interpretation of section 
188(b)(1)(B), the EPA would have no authority to reclassify a Moderate 
area to Serious at any time between the date 3 years after designation 
(18 months after the required date for the State's submission of a 
Moderate Area SIP) and the applicable attainment date, which under 
section 188(c)(1) may be as late as the end of the sixth calendar year 
after the area's designation as nonattainment. Thus, for a period of up 
to 3 years, the EPA would be unable to reclassify such an area to 
Serious in order to require the State to adopt BACM measures and other 
Serious Area plan elements, even if information before the Agency 
indicated the area could not attain the NAAQS by the moderate area 
attainment date. Such a reading of section 188(b)(1) would frustrate 
the Congressional intent to ensure that areas that cannot attain the 
NAAQS in a timely manner adopt the best available controls and develop 
revised plans to provide for expeditious attainment. EPA's 
interpretation of section 188(b)(1) as a general grant of discretionary 
reclassification authority is reasonable in light of the overarching 
requirement in subpart 4 to ensure attainment of the NAAQS as 
expeditiously as practicable.
    In sum, we disagree with the commenter's contention that the EPA's 
authority to reclassify a Moderate area as a Serious area under CAA 
section 188(b)(1) is available only within 18 months after the due date 
for the State's Moderate Area SIP. As the EPA explained in the General 
Preamble, in the PM-10 Addendum, and in several actions reclassifying 
PM-10 and PM2.5 nonattainment areas as Serious areas under 
CAA section 188(b)(1), the EPA has consistently interpreted section 
188(b)(1) as a general expression of delegated rulemaking authority 
that authorizes the Agency to reclassify any Moderate area as a Serious 
area at any

[[Page 1517]]

time before the applicable attainment date, based on a determination 
that the area cannot practicably attain the relevant NAAQS by that 
date.
    Comment 2: Earthjustice argues that even if the EPA had discretion 
to reclassify the South Coast area under section 188(b)(1), a December 
31, 2018 deadline for the Serious Area plan is ``arbitrary in the 
extreme'' and inconsistent with other deadlines that EPA has proposed 
to establish. First, Earthjustice asserts that the EPA's proposed 
deadline ignores the statutory requirement to demonstrate attainment by 
the most expeditious attainment date and allows the District to 
``assume the maximum amount of time without any such demonstration.'' 
Second, Earthjustice claims that the EPA's proposed approach 
``undermines the strict schedule established in subpart 4'' and cannot 
be reconciled with either December 14, 2016 or December 31, 2017, the 
statutory SIP submission deadlines that allegedly apply following 
voluntary reclassification or failure to attain, respectively. Third, 
Earthjustice argues that there is no basis for claiming that the 
District needs 3 years to prepare a serious area plan, in light of the 
18-month deadlines in sections 189(a)(2)(B) and 189(b)(2) for moderate 
area plans and serious area plans, respectively, and the 18-month 
timeframe allowed in section 179(a) for states to cure disapprovals or 
failures to submit. Finally, Earthjustice argues that the proposed 
deadline is internally inconsistent with other components of the EPA's 
proposal, including the requirements for RFP and quantitative 
milestones, and undermines the EPA's and the public's ability to ensure 
timely compliance with these requirements.
    Response 2: We disagree with the commenter's argument that the 
outside deadline for submitting a Serious area attainment plan for the 
2006 PM2.5 NAAQS following discretionary reclassification is 
December 14, 2016. This argument is premised on the commenter's 
assertion that the EPA's discretionary authority to reclassify the area 
under CAA section 188(b)(1) was available only within three years after 
the area's designation as nonattainment (i.e., until December 14, 
2012), and that CAA section 189(b)(2) established a deadline 4 years 
after this date (December 14, 2016) for the State to submit its Serious 
area attainment plan. The EPA did not reclassify the South Coast area 
by December 14, 2012 and was not obligated to do so under CAA section 
188(b)(1), as explained above in Response 1. Thus, section 189(b)(2) 
does not establish a December 14, 2016 outer deadline for submission of 
the Serious area attainment plan.
    Upon further consideration and in light of the specific 
circumstances in the South Coast PM2.5 nonattainment area, 
however, the EPA is exercising its discretion to establish a deadline 
of 18 months from the effective date of this final reclassification 
action for the State to submit all required components of the Serious 
Area plan for the 2006 PM2.5 NAAQS in the South Coast air 
basin. An 18-month deadline for submission of these SIP elements is 
appropriate in this instance because it both enables the EPA to 
evaluate the required attainment plan well before the outermost 
attainment date applicable to the area under CAA section 188(c)(2) and 
enables the State to develop its strategy for attaining the 2006 
PM2.5 NAAQS in conjunction with its development of a plan to 
provide for attainment of the 2012 primary annual PM2.5 
NAAQS in this same area, which is due October 15, 2016.\24\ Although 
the State's obligations with respect to implementation of a Moderate 
area plan for the 2012 PM2.5 NAAQS are separate and distinct 
from its obligations with respect to implementation of a Serious area 
plan for the 2006 PM2.5 NAAQS, it is reasonable in this 
instance to require the State to develop its control strategies for 
both PM2.5 NAAQS in the South Coast area in a similar 
timeframe, considering the benefits of streamlining these planning 
processes to the extent possible.
---------------------------------------------------------------------------

    \24\ The EPA designated and classified the South Coast Air Basin 
as Moderate nonattainment for the 2012 primary annual 
PM2.5 NAAQS effective April 15, 2015. 80 FR 2206, 2215-16 
(January 15, 2015). Under CAA section 189(a)(2)(B), California is 
required to adopt and submit a plan to provide for attainment of 
these NAAQS within 18 months after the nonattainment designation, 
i.e., by October 15, 2016.
---------------------------------------------------------------------------

    In addition, as the commenter notes, an 18-month deadline for 
submission of the Serious area plan is consistent with both the 
timeframe for initial Moderate area plan submissions upon designation 
of an area as nonattainment and the timeframe for Serious area plan 
submissions following an EPA determination of failure to attain and 
reclassification by operation of law under CAA section 188(b)(2).\25\ 
It is reasonable for the EPA to exercise its discretion to establish a 
similar SIP submission deadline in this instance, given the proximity 
of this action to the Moderate area attainment date (December 31, 2015) 
and the likelihood that, should the attainment date pass, the EPA would 
have to determine under section 188(b)(2) that the South Coast area 
failed to attain the PM2.5 NAAQS by that date. Although CAA 
section 189(b)(2) generally provides for up to 4 years after a 
discretionary reclassification for the State to submit the required 
attainment demonstration, we find it appropriate in this case to 
establish an earlier SIP submission deadline to assure timely 
implementation of the statutory requirements.\26\ Furthermore, the 18-
month SIP submission deadline that we are finalizing in this action 
requires California to submit its Serious Area plan for the South Coast 
area before the statutory SIP submission deadline that would apply upon 
reclassification by operation of law under section 188(b)(2).\27\
---------------------------------------------------------------------------

    \25\ CAA 189(a)(2)(B) and 189(b)(2).
    \26\ Section 189(b)(2) establishes outer bounds on the SIP 
submission deadlines and does not preclude the EPA's establishment 
of earlier deadlines as necessary or appropriate to assure 
consistency among the required submissions and to implement the 
statutory requirements, including the requirement that attainment be 
as expeditious as practicable.
    \27\ Under CAA section 188(b)(2), the EPA must determine within 
6 months after the applicable attainment date whether the area 
attained the NAAQS by that date. If the EPA determines that a 
Moderate Area is not in attainment after the applicable attainment 
date, the area is reclassified by operation of law as a Serious 
Area, and the Serious Area attainment plan is due within 18 months 
after such reclassification. CAA sections 188(b)(2) and 189(b)(2).
---------------------------------------------------------------------------

IV. Final Action

A. Reclassification as Serious Nonattainment and Applicable Attainment 
Date

    In accordance with section 188(b)(1) of the Act, the EPA is taking 
final action to reclassify the South Coast area from Moderate to 
Serious nonattainment for the 2006 24-hour PM2.5 standards 
of 35 [mu]g/m\3\, based on the EPA's determination that the South Coast 
area cannot practicably attain these standards by the applicable 
attainment date of December 31, 2015.
    Under section 188(c)(2) of the Act, the attainment date for a 
Serious area ``shall be as expeditiously as practicable but no later 
than the end of the tenth calendar year beginning after the area's 
designation as nonattainment. . . .'' The South Coast area was 
designated nonattainment for the 2006 PM2.5 standards 
effective December 14, 2009.\28\ Therefore, as a result of our 
reclassification of the South Coast area as a Serious nonattainment 
area, the attainment date under section 188(c)(2) of the Act for the 
2006 PM2.5 standards in this area is as expeditiously as 
practicable but no later than December 31, 2019.
---------------------------------------------------------------------------

    \28\ See 74 FR 58688 (November 13, 2009).

---------------------------------------------------------------------------

[[Page 1518]]

B. Reclassification of Reservation Areas of Indian Country

    Seven Indian tribes are located within the boundaries of the South 
Coast PM2.5 nonattainment area: the Cahuilla Band of 
Indians, the Morongo Band of Cahuilla Mission Indians, the Pechanga 
Band of Luiseno Mission Indians of the Pechanga Reservation, the Ramona 
Band of Cahuilla, the San Manuel Band of Serrano Mission Indians of the 
San Manuel Reservation, the Santa Rosa Band of Cahuilla Indians, and 
the Soboba Band of Luiseno Indians.
    We have considered the relevance of our final action to reclassify 
the South Coast nonattainment area as Serious nonattainment for the 
2006 PM2.5 standards to each tribe located within the South 
Coast area. As discussed in more detail in our proposed rule, we 
believe that the same facts and circumstances that support the 
reclassification for the non-Indian country lands also support 
reclassification for reservation areas of Indian country \29\ and any 
other areas of Indian country where the EPA or a tribe has demonstrated 
that the tribe has jurisdiction located within the South Coast 
nonattainment area.\30\ In this final action, the EPA is therefore 
exercising our authority under CAA section 188(b)(1) to reclassify 
reservation areas of Indian country and any other areas of Indian 
country where the EPA or a tribe has demonstrated that the tribe has 
jurisdiction geographically located in the South Coast nonattainment 
area. Section 188(b)(1) broadly authorizes the EPA to reclassify a 
nonattainment area---including any such area of Indian country located 
within such area---that the EPA determines cannot practicably attain 
the relevant standard by the applicable attainment date.
---------------------------------------------------------------------------

    \29\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to: 
``(a) all land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and, including rights-of-way running through 
the reservation, (b) all dependent Indian communities within the 
borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a state, and (c) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same.''
    \30\ See 80 FR 63640, at 63659, 63660 (October 20, 2015).
---------------------------------------------------------------------------

    In light of the considerations outlined above and in our proposed 
rulemaking that support retention of a uniformly-classified 
PM2.5 nonattainment area, and our finding that it is 
impracticable for the area to attain by the applicable attainment date, 
we are finalizing our reclassification of the reservation areas of 
Indian country and any other areas of Indian country where the EPA or a 
tribe has demonstrated that the tribe has jurisdiction within the South 
Coast nonattainment area to Serious for the 2006 PM2.5 
NAAQS.
    The effect of reclassification would be to lower the applicable 
``major stationary source'' emissions thresholds for direct 
PM2.5 and PM2.5 precursors for purposes of the 
NNSR program and the Title V operating permit program (CAA sections 
189(b)(3) and 501(2)(B)), thus subjecting more new or modified 
stationary sources to these requirements. The reclassification may also 
lower the de minimis threshold under the CAA's General Conformity 
requirements (40 CFR part 93, subpart B) from 100 tpy to 70 tpy. Under 
the General Conformity requirements (40 CFR part 93, subpart B), 
federal agencies bear the responsibility of determining conformity of 
actions in nonattainment and maintenance areas that require federal 
permits, approvals, or funding. Such permits, approvals or funding by 
federal agencies for projects in these areas of Indian country may be 
more difficult to obtain because of the lower de minimis thresholds.
    Given the potential implications of the reclassification, the EPA 
contacted tribal officials to invite government-to-government 
consultation on this rulemaking effort.\31\ The EPA did not receive 
requests for consultation or comments on our proposed rule from any 
tribe. We continue to invite Indian tribes in the South Coast to 
contact the EPA with any questions about the effects of this 
reclassification on tribal interests and air quality. We note that 
although eligible tribes may opt to seek EPA approval of relevant 
tribal programs under the CAA, none of the affected tribes will be 
required to submit an implementation plan to address this 
reclassification.
---------------------------------------------------------------------------

    \31\ As discussed in more detail in our proposed rule, the EPA 
sent letters to tribal officials inviting government-to-government 
consultation. The letters can be found in the docket.
---------------------------------------------------------------------------

C. PM2.5 Serious Area SIP Requirements

    As a consequence of our reclassification of the South Coast area as 
a Serious nonattainment area for the 2006 PM2.5 NAAQS, 
California is required to submit additional SIP revisions to satisfy 
the statutory requirements that apply to Serious areas, including the 
requirements of subpart 4 of part D, title I of the Act.
    The Serious area SIP elements that California must submit within 18 
months of reclassification are as follows:
    1. Provisions to assure that BACM, including BACT for stationary 
sources, for the control of direct PM2.5 and 
PM2.5 precursors shall be implemented no later than 4 years 
after the area is reclassified (CAA section 189(b)(1)(B));
    2. A demonstration (including air quality modeling) that the plan 
provides for attainment as expeditiously as practicable but no later 
than December 31, 2019, or where the State is seeking an extension of 
the attainment date under section 188(e), a demonstration that 
attainment by December 31, 2019 is impracticable and that the plan 
provides for attainment by the most expeditious alternative date 
practicable (CAA sections 188(c)(2) and 189(b)(1)(A));
    3. Plan provisions that require reasonable further progress (RFP) 
(CAA section 172(c)(2));
    4. Quantitative milestones which are to be achieved every 3 years 
until the area is redesignated attainment and which demonstrate RFP 
toward attainment by the applicable date (CAA section 189(c));
    5. Provisions to assure that control requirements applicable to 
major stationary sources of PM2.5 also apply to major 
stationary sources of PM2.5 precursors, except where the 
State demonstrates to the EPA's satisfaction that such sources do not 
contribute significantly to PM2.5 levels that exceed the 
standard in the area (CAA section 189(e));
    6. A comprehensive, accurate, current inventory of actual emissions 
from all sources of direct PM2.5 and all PM2.5 
precursors in the area (CAA section 172(c)(3));
    7. Contingency measures to be implemented if the area fails to meet 
RFP or to attain by the applicable attainment date (CAA section 
172(c)(9)); and
    8. A revision to the NNSR program to establish appropriate ``major 
stationary source'' \32\ thresholds for direct PM2.5 and 
PM2.5 precursors (CAA section 189(b)(3)).
---------------------------------------------------------------------------

    \32\ For any Serious area, the terms ``major source'' and 
``major stationary source'' include any stationary source that emits 
or has the potential to emit at least 70 tons per year of 
PM10 (CAA section 189(b)(3)).
---------------------------------------------------------------------------

    Section 189(b)(2) states, in relevant part, that the State must 
submit the required BACM provisions ``no later than 18 months after 
reclassification of the area as a Serious Area'' and must submit the 
required attainment demonstration ``no later than 4 years after 
reclassification of the area to Serious.'' As stated above in section 
I, the EPA proposed to require the State to submit certain elements of 
the Serious area plan within 18 months of reclassification and other 
elements within 3 years of reclassification. For

[[Page 1519]]

the reasons provided in Section III of this preamble (Public Comments 
and EPA Responses), the EPA is requiring the State to adopt and submit 
all required components of the Serious Area plan for the South Coast 
area, including NNSR SIP revisions to address the statutory 
requirements for Serious areas under subpart 4, no later than 18 months 
after the effective date of this reclassification.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it relates to a designation of an area for air 
quality purposes and will reclassify the South Coast from its current 
air quality designation of Moderate nonattainment to Serious 
nonattainment for the 2006 PM2.5 NAAQS.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action does not contain any information collection 
activities.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. The final 
rule requires the state to adopt and submit SIP revisions to satisfy 
the statutory requirements that apply to Serious areas, and would not 
itself directly regulate any small entities (see section III.C of this 
final rule).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more and does not significantly or uniquely affect small 
governments, as described in UMRA (2 U.S.C. 1531-1538). This action 
itself imposes no enforceable duty on any state, local, or tribal 
governments, or the private sector. The final action reclassifies the 
South Coast nonattainment area as Serious nonattainment for the 2006 
PM2.5 NAAQS, which triggers existing statutory duties for 
the state to submit SIP revisions. Such a reclassification in and of 
itself does not impose any federal intergovernmental mandate. The final 
action does not require any tribes to submit implementation plans.

E. Executive Order 13132: Federalism

    This action does not have federalism implications.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    This action may have tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. Seven Indian tribes are 
located within the boundaries of the South Coast nonattainment area for 
the 2006 PM2.5 NAAQS: the Cahuilla Band of Indians, the 
Morongo Band of Cahuilla Mission Indians, the Pechanga Band of Luiseno 
Mission Indians of the Pechanga Reservation, the Ramona Band of 
Cahuilla, the San Manuel Band of Serrano Mission Indians of the San 
Manuel Reservation, the Santa Rosa Band of Cahuilla Indians, and the 
Soboba Band of Luiseno Indians. We note that only one of the tribes 
located in the South Coast nonattainment area (the Pechanga Band of 
Luiseno Mission Indians of the Pechanga Reservation) has requested 
eligibility to administer programs under the Clean Air Act. This final 
action affects the EPA's implementation of the new source review 
program because of the lower ``major stationary source'' threshold 
triggered by reclassification (CAA 189(b)(3)). The final action may 
also affect new or modified stationary sources proposed in these areas 
that require federal permits, approvals, or funding. Such projects are 
subject to the requirements of the EPA's General Conformity rule, and 
federal permits, approvals, or funding for the projects may be more 
difficult to obtain because of the lower de minimis thresholds 
triggered by reclassification.
    Given these potential implications, consistent with the EPA Policy 
on Consultation and Coordination with Indian Tribes, the EPA contacted 
tribal officials early in the process of developing this regulation to 
permit them to have meaningful and timely input into its development. 
The EPA invited tribal officials to consult during the development of 
the proposed rule and following signature of the proposed rule. As 
discussed in more detail in our proposed action, we sent letters to 
leaders of the tribes with areas of Indian country in the South Coast 
nonattainment area inviting government-to-government consultation on 
the rulemaking effort. No Indian tribe has expressed an interest in 
discussing this action with the EPA. We continue to invite Indian 
tribes in the South Coast to contact the EPA with any questions about 
the effects of this reclassification on tribal interests and air 
quality.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) as applying only to those regulatory actions that concern 
environmental health or safety risks that the EPA has reason to believe 
may disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. This 
action is not subject to Executive Order 13045 because it reclassifies 
the South Coast nonattainment area as Serious nonattainment for the 
2006 PM2.5 NAAQS, which triggers additional Serious area 
planning requirements under the CAA. This action does not establish an 
environmental standard intended to mitigate health or safety risks.

H. Executive Order 13211, Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This final 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

    This action is not subject to the requirements of Section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) because it does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action reclassifies the South Coast 
nonattainment area as Serious nonattainment for the 2006 
PM2.5 NAAQS, which triggers additional Serious area planning 
requirements under the CAA.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement

[[Page 1520]]

Fairness Act of 1996, generally provides that before a rule may take 
effect, the agency promulgating the rule must submit a rule report, 
which includes a copy of the rule, to each House of the Congress and to 
the Comptroller General of the United States. The EPA will submit a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of the rule in the Federal 
Register. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2). This rule will be effective on February 
12, 2016.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 14, 2016. 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

40 CFR Part 52

    Air pollution control, Incorporation by reference, 
Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, Incorporation by 
reference.

    Dated: December 22, 2015.
Jared Blumenfeld,
Regional Administrator, Region 9.
    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Section 52.245 is amended by adding paragraph (d) to read as 
follows:

Sec.  52.245  New Source Review rules.

* * * * *
    (d) By August 14, 2017, the New Source Review rules for 
PM2.5 for the South Coast Air Quality Management District 
must be revised and submitted as a SIP revision. The rules must satisfy 
the requirements of sections 189(b)(3) and 189(e) and all other 
applicable requirements of the Clean Air Act for implementation of the 
2006 PM2.5 NAAQS.

0
3. Section 52.247 is amended by adding paragraph (e) to read as 
follows:

Sec.  52.247  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (e) By August 14, 2017, California must adopt and submit a Serious 
Area plan to provide for attainment of the 2006 PM2.5 NAAQS 
in the South Coast PM2.5 nonattainment area. The Serious 
Area plan must include emissions inventories, an attainment 
demonstration, best available control measures, a reasonable further 
progress plan, quantitative milestones, contingency measures, and such 
other measures as may be necessary or appropriate to provide for 
attainment of the 2006 PM2.5 NAAQS by the applicable 
attainment date, in accordance with the requirements of subparts 1 and 
4 of part D, title I of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
5. Section 81.305 is amended in the table titled ``California--2006 24-
Hour PM2.5 NAAQS [Primary and secondary],'' by revising the 
entries under ``Los Angeles-South Coast Air Basin, CA.''

Sec.  81.305  California.

* * * * *

Sec.  81.305  California.

* * * * *

                                      California--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                          Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date \1\              Type              Date \2\               Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Los Angeles-South Coast Air
 Basin, CA:
    Los Angeles County (part)..  ..................  Nonattainment.....  02/12/16..........  Serious.

[[Page 1521]]

 
    That portion of Los Angeles  ..................  Nonattainment.....  02/12/16..........  Serious.
     County which lies south
     and west of a line
     described as follows:
     Beginning at the Los
     Angeles-San Bernardino
     County boundary and
     running west along the
     Township line common to
     Township 3 North and
     Township 2 North, San
     Bernardino Base and
     Meridian; then North along
     the range line common to
     Range 8 West and Range 9
     West; then west along the
     Township line common to
     Township 4 North and
     Township 3 North; then
     north along the range line
     common to Range 12 West
     and Range 13 West to the
     southeast corner of
     Section 12, Township 5
     North and Range 13 West;
     then west along the south
     boundaries of Sections 12,
     11, 10, 9, 8, and 7,
     Township 5 North and Range
     13 West to the boundary of
     the Angeles National
     Forest which is collinear
     with the range line common
     to Range 13 West and Range
     14 West; then north and
     west along the Angeles
     National Forest boundary
     to the point of
     intersection with the
     Township line common to
     Township 7 North and
     Township 6 North (point is
     at the northwest corner of
     Section 4 in Township 6
     North and Range 14 West);
     then west along the
     Township line common to
     Township 7 North and
     Township 6 North; then
     north along the range line
     common to Range 15 West
     and Range 16 West to the
     southeast corner of
     Section 13, Township 7
     North and Range 16 West;
     then along the south
     boundaries of Sections 13,
     14, 15, 16, 17 and 18,
     Township 7 North and Range
     16 West; then north along
     the range line common to
     Range 16 West and Range 17
     West to the north boundary
     of the Angeles National
     Forest (collinear with the
     Township line common to
     Township 8 North and
     Township 7 North); then
     west and north along the
     Angeles National Forest
     boundary to the point of
     intersection with the
     south boundary of the
     Rancho La Liebre Land
     Grant; then west and north
     along this land grant
     boundary to the Los
     Angeles-Kern County
     boundary.
Orange County..................  ..................  Nonattainment.....  02/12/16..........  Serious.
Riverside County (part)........  ..................  Nonattainment.....  02/12/16..........  Serious.

[[Page 1522]]

 
    That portion of Riverside    ..................  Nonattainment.....  02/12/16..........  Serious.
     County which lies to the
     west of a line described
     as follows: Beginning at
     the Riverside-San Diego
     County boundary and
     running north along the
     range line common to Range
     4 East and Range 3 East,
     San Bernardino Base and
     Meridian; then east along
     the Township line common
     to Township 8 South and
     Township 7 South; then
     north along the range line
     common to Range 5 East and
     Range 4 East; then west
     along the Township line
     common to Township 6 South
     and Township 7 South to
     the southwest corner of
     Section 34, Township 6
     South, Range 4 East; then
     north along the west
     boundaries of Sections 34,
     27, 22, 15, 10, and 3,
     Township 6 South, Range 4
     East; then west along the
     Township line common to
     Township 5 South and
     Township 6 South; then
     north along the range line
     common to Range 4 East and
     Range 3 East; then west
     along the south boundaries
     of Sections 13, 14, 15,
     16, 17, and 18, Township 5
     South, Range 3 East; then
     north along the range line
     common to Range 2 East and
     Range 3 East; to the
     Riverside-San Bernardino
     County Line (excluding the
     lands of the Santa Rosa
     Band of Cahuilla Mission
     Indians).
    That part of the lands of    ..................  Nonattainment.....  02/12/16..........  Serious.
     the Santa Rosa Band of
     Cahuilla Mission Indians
     which is excluded from the
     Riverside County (part)
     nonattainment area.
San Bernardino County (part)...  ..................  Nonattainment.....  02/12/16..........  Serious.
    That portion of San          ..................  Nonattainment.....  02/12/16..........  Serious.
     Bernardino County which
     lies south and west of a
     line described as follows:
     Beginning at the San
     Bernardino-Riverside
     County boundary and
     running north along the
     range line common to Range
     3 East and Range 2 East,
     San Bernardino Base and
     Meridian; then west along
     the Township line common
     to Township 3 North and
     Township 2 North to the
     San Bernardino-Los Angeles
     County boundary.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-33304 Filed 1-12-16; 8:45 am]
BILLING CODE 6560-50-P
```