1514 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 

1See 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. 

2Section 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. 

3The 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. 

4 74 FR 58688 (November 13, 2009). 

5See proposed rule at 80 FR 63640 (October 20, 

2015). 

6 Id. at 63658. 

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 mg/ 

m3, 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

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. 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 1515 

7See 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. 

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’’). 9Unlike 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. 

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 attainmentrelated 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. 

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

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. 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
1516 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 

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’’). 14See 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). 

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)). 

18PM–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 . . .’’). 

19 General Preamble, 57 FR at 13537 and PM–10 

Addendum, 59 FR at 41999. 

20PM–10 Addendum, 59 FR 41998, 41999 at n. 

4 (August 16, 1994). 

21See 80 FR 18528 (April 7, 2015) (final 

discretionary reclassification of San Joaquin Valley 

for 1997 p.m.2.5 NAAQS signed March 27, 2015). 

22See 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). 

23As 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). 

Addendum 13 and in several 

discretionary reclassification actions 

subsequent to the 1990 CAA 

Amendments.14

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

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

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. 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 1517 

24The 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. 

25CAA 189(a)(2)(B) and 189(b)(2). 

26Section 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. 

27Under 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). 

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

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. 

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

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 

mg/m3, 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. 


asabaliauskas on DSK5VPTVN1PROD with RULES
1518 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 

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.’’ 

30See 80 FR 63640, at 63659, 63660 (October 20, 

2015). 

31As 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. 

32For 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)). 

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. 

In light of the considerations outlined 

above and in our proposed rulemaking 

that support retention of a uniformlyclassified 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-togovernment 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. 

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)). 

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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 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/lawsregulations/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 


asabaliauskas on DSK5VPTVN1PROD with RULES
1520 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.245 is amended by 

adding paragraph (d) to read as follows: 

§ 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. 

■ 3. Section 52.247 is amended by 

adding paragraph (e) to read as follows: 

§ 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 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 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.’’ 

§ 81.305 California. 

* * * * * 

§ 81.305 California. 

* * * * * 

CALIFORNIA—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

* * * * * * * 

Los Angeles-South Coast Air Basin, CA: 

Los Angeles County (part) ............................ ....................................... Nonattainment .............. 02/12/16 ....................... Serious. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 1521 

CALIFORNIA—2006 24-HOUR PM2.5 NAAQS—Continued 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

That portion of Los Angeles 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.

....................................... Nonattainment .............. 02/12/16 ....................... Serious. 

Orange County ..................................................... ....................................... Nonattainment .............. 02/12/16 ....................... Serious. 

Riverside County (part) ........................................ ....................................... Nonattainment .............. 02/12/16 ....................... Serious. 


asabaliauskas on DSK5VPTVN1PROD with RULES
1522 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations 

CALIFORNIA—2006 24-HOUR PM2.5 NAAQS—Continued 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

That portion of Riverside 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).

....................................... Nonattainment .............. 02/12/16 ....................... Serious. 

That part of the lands of the Santa Rosa 

Band of Cahuilla Mission Indians which is 

excluded from the Riverside County (part) 

nonattainment area.

....................................... Nonattainment .............. 02/12/16 ....................... Serious. 

San Bernardino County (part) .............................. ....................................... Nonattainment .............. 02/12/16 ....................... Serious. 

That portion of San 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.

....................................... Nonattainment .............. 02/12/16 ....................... Serious. 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2015–33304 Filed 1–12–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0718; FRL–9940–29] 

Methacrylate Type Copolymer, 

Compound With Aminomethyl 

Propanol; Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 2-propenoic 

acid, 2-methyl-, polymers with tert-Bu 

acrylate, Me methacrylate, polyethylene 

glycol methacrylate C16-C18-alkyl ethers 

and vinylpyrrolidone, tert-Bu 2- 

ethylhexaneperoxoate-initiated, 

compounds with 2-amino-2-methyl-1- 

propanol when used as an inert 

ingredient in a pesticide chemical 

formulation. BASF Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 


asabaliauskas on DSK5VPTVN1PROD with RULES