Regional Administrator Jared Blumenfeld signed the following final rule on September 18, 2015 and EPA is 

submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the accuracy 

of this Internet version of the rule, it is not the official version of the rule for purposes of compliance. Please 

refer to the official version in a forthcoming FR publication, which will appear on the Government Printing 

Office’s FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov 

(http://www.regulations.gov) in Docket Number EPA-R09-OAR-2015-0279.

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2015-0279; FRL-]

Air Plan Approval; California; Mammoth Lakes; Redesignation; 

PM10 Maintenance Plan

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection Agency (EPA) is taking 

final action to approve, as a revision to the California State 

Implementation Plan (SIP), California’s request to redesignate 

the Mammoth Lakes nonattainment area to attainment for the 1987

National Ambient Air Quality Standard (NAAQS) for particulate 

matter of ten microns or less (PM10). Also, EPA is taking final

action to approve the PM10 maintenance plan for the Mammoth 

Lakes area and the associated motor vehicle emissions budgets 

for use in transportation conformity determinations. Lastly, EPA 

is finalizing our approval of the 2012 attainment year emissions 

inventory. We are taking these final actions because the SIP 

revision meets the requirements of the Clean Air Act and EPA 
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

2

guidance for maintenance plans and motor vehicle emissions 

budgets.

DATES: This rule will be effective on [INSERT DATE 30 DAYS AFTER 

DATE OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: EPA has established docket number EPA-R09-OAR-2015-

0279 for this action. Generally, documents in the docket for 

this action are available electronically at

http://www.regulations.gov and in hard copy format at EPA Region 

IX, 75 Hawthorne Street, San Francisco, California. 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., CBI). To inspect 

the hard copy materials, please schedule an appointment during 

normal business hours with the contact listed in the FOR FURTHER 

INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, 

(415) 947-4111, wamsley.jerry@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” 

and “our” refer to EPA.
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

3

Table of Contents 

I. Summary of EPA’s Proposed Action

II. Public Comments and EPA Responses

III. EPA’s Final Action

IV. Statutory and Executive Order Reviews

I. Summary of EPA’s Proposed Action

On July 30, 2015, EPA proposed to approve the Mammoth Lakes 

PM10 redesignation request and maintenance plan. We proposed

this action because California’s SIP revision meets the Clean 

Air Act (CAA) requirements and EPA guidance concerning 

redesignations to attainment of a National Ambient Air Quality 

Standard (NAAQS or standard) and maintenance plans (80 FR 

45477). For our detailed procedural and substantive review of 

the State’s SIP submittal and our discussion of our findings and 

rationale for our proposal and this final action, please see our 

proposal and the docket for this action. 

First, under CAA section 107(d)(3)(D), EPA proposed to 

approve the State’s request to redesignate the Mammoth Lakes 

PM10 nonattainment area to attainment for the PM10 NAAQS. In our 

July 30, 2015 proposal, we concluded that the area has met the 

five criteria for redesignation under CAA section 107(d)(3)(E): 

(1) the area has attained the PM10 NAAQS over the period 2009-

2014; (2) the required portions of the SIP are fully approved 
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

4

for the area; (3) the improvement in ambient air quality in the 

area is due to permanent and enforceable reductions in PM10 

emissions; (4) California has met all requirements applicable to 

the Mammoth Lakes PM10 nonattainment area with respect to 

section 110 and part D of the CAA; and, (5) the Mammoth Lakes 

PM10 Maintenance Plan, as described below, meets the 

requirements of CAA section 175A.

Second, under section 110(k)(3) of the CAA, EPA proposed to 

approve as a revision to the SIP, the maintenance plan developed 

by the Great Basin Unified Air Pollution Control District 

(GBUAPCD) entitled “2014 Update Air Quality Maintenance Plan and 

Redesignation Request for the Town of Mammoth Lakes” (herein and 

in our proposal referred to as the Mammoth Lakes PM10 

Maintenance Plan), dated May 5, 2014, submitted by California, 

through the California Air Resources Board (CARB), to EPA on 

October 21, 2014.1 EPA proposed to find that the Mammoth Lakes 

PM10 Maintenance Plan meets the requirements in section 175A of 

the CAA. The plan’s maintenance demonstration shows that the 

Mammoth Lakes area will continue to attain the PM10 NAAQS for at 

least 10 years beyond redesignation (i.e. through 2030) by 

continued implementation of the local control measures approved 

 

1

 See the docket for this action for copies of the California’s submittal 

documents including the October 21, 2014 submittal letter from the State. 
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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into the SIP. The plan’s contingency provisions incorporate a 

process for identifying new or more stringent control measures 

in the event of a future monitored violation. Finally, EPA 

proposed to approve the plan’s 2012 emission inventory as 

meeting the requirements of CAA section 172 and 175A.

Third, EPA proposed to approve the motor vehicle emission 

budgets (budgets) in the Mammoth Lakes PM10 Maintenance Plan 

because we find they meet the applicable transportation 

conformity requirements under 40 CFR 93.118(e). With our 

proposal published July 30, 2015, EPA informed the public that 

we are reviewing the plan’s budgets for adequacy and that we 

started the public comment period on adequacy of the proposed 

budgets. This comment period closed on August 31, 2015. We 

received no public comments concerning the adequacy of the 

proposed PM10 motor vehicle emissions budgets. 

II. Public Comments and EPA Responses

EPA’s proposed rule provided a 30-day comment period. 

During this comment period we received no comments on our 

proposal. 

III. EPA’s Final Action

To conclude, based on our review of the Mammoth Lakes PM10 

Maintenance Plan and redesignation request submitted by 
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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California, air quality monitoring data, and other relevant 

materials contained within our docket, EPA finds that the State 

has addressed all the necessary requirements for redesignation 

of the Mammoth Lakes nonattainment area to attainment of the 

PM10 NAAQS, pursuant to CAA sections 107(d)(3)(E) and 175A.

First, under CAA section 107(d)(3)(D), we are approving the 

State's request, which accompanied the submittal of the Mammoth 

Lakes PM10 Maintenance Plan, to redesignate the Mammoth Lakes 

PM10 nonattainment area to attainment for the 24-hour PM10 

NAAQS. Our redesignation of the Mammoth Lakes area is based on 

our determination that the area has met the five criteria for 

redesignation under CAA section 107(d)(3)(E): (1) the area has 

attained the 24-hour PM10 NAAQS as demonstrated by 2009-2014 

data;2 (2) the relevant portions of the SIP are fully approved; 

(3) the improvement in air quality in the Mammoth Lakes area is 

due to permanent and enforceable reductions in PM10 emissions; 

(4) California has met all requirements applicable to the 

Mammoth Lakes PM10 nonattainment area with respect to section 

110 and part D of the CAA; and, (5) our approval of the Mammoth 

Lakes PM10 Maintenance Plan, as part of this action.

 

2 We reviewed 2015 preliminary data received from the State and found that the 

Mammoth Lakes area did not show exceedances of the 24-hour PM10 NAAQS in the 

first quarter of 2015. Second quarter data was not submitted by the State in 

time for consideration within this notice. 
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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Second, under section 110(k)(3) of the CAA, EPA is 

approving the Mammoth Lakes PM10 Maintenance Plan and finds that 

it meets the requirements of Section 175A. We find that the 

maintenance demonstration shows that the area will continue to 

attain the 24-hour PM10 NAAQS for at least 10 years beyond 

redesignation (i.e., through 2030). We find that the Maintenance 

Plan provides a contingency process for identifying and adopting 

new or more stringent control measures if a monitored violation 

of the PM10 NAAQS occurs. Finally, we are approving the 2012

emissions inventory as meeting applicable requirements for 

emissions inventories in Sections 172 and 175A of the CAA.

Last, we find that the Mammoth Lakes PM10 Maintenance 

Plan’s motor vehicle emissions budgets meet applicable CAA 

requirements for maintenance plans and transportation conformity 

requirements under 40 CFR 93.118(e). With the effective date of 

this action, these approved budgets must be used in any future 

regional PM10 regional emissions analysis conducted by the State 

and the Federal Highway Administration. 

IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to 

approve a SIP submission that complies with the provisions of 

the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

8

40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role 

is to approve state choices, provided that they meet the 

criteria of the Clean Air Act. Accordingly, this action merely 

approves state law as meeting Federal requirements and does not 

impose additional requirements beyond those imposed by state 

law. For that reason, this action:

• is not a significant regulatory action subject to review 

by the Office of Management and Budget under Executive Orders 

12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et 

seq.);

• is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.); 

• does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the Unfunded 

Mandates Reform Act of 1995 (Public Law 104-4);

• does not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999);
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

9

• is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 (62 

FR 19885, April 23, 1997); 

• is not a significant regulatory action subject to Executive 

Order 13211 (66 FR 28355, May 22, 2001); 

• is not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 (15 

U.S.C. 272 note) because application of those requirements would 

be inconsistent with the Clean Air Act; and, 

• does not provide EPA with the discretionary authority to 

address, as appropriate, disproportionate human health or 

environmental effects, using practicable and legally permissible 

methods, under Executive Order 12898 (59 FR 7629, February 16, 

1994).

In addition, the State plan that EPA is approving today

does not apply on any Indian reservation land or in any other 

area where EPA or an Indian tribe has demonstrated that a tribe 

has jurisdiction. In those areas of Indian country, this rule,

as it relates to the maintenance plan, does not have tribal 

implications and will not impose substantial direct costs on 

tribal governments or preempt tribal law as specified by 

Executive Order 13175 (65 FR 67249, November 9, 2000).
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

10

The Congressional Review Act, 5 U.S.C. section 801 et seq., 

as added by the Small Business Regulatory Enforcement 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. 

EPA will submit a report containing this action 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).

 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 [INSERT 

DATE 60 DAYS AFTER THE DATE OF PUBLICATION IN THE Federal 

Register]. Filing a petition for reconsideration by the 

Administrator of this final rule does not affect the finality of 

this action 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 
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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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

Environmental protection, Air pollution control, 

Incorporation by reference, Intergovernmental relations, 

Particulate matter, Reporting and recordkeeping requirements.

40 CFR Part 81

Environmental protection, Air pollution control, National 

parks, Wilderness areas.

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

____________________ _________________________________

Dated: Jared Blumenfeld

Regional Administrator,

Region IX.
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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Part 52, Chapter I, Title 40 of the Code of Federal 

Regulations is amended as follows:

PART 52 [AMENDED]

1. The authority citation for Part 52 continues to read as 

follows:

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

Subpart F – California 

2. Section 52.220 is amended by adding paragraph (c)(462) to 

read as follows: 

§52.220 Identification of plan.

* * * * *

(c) * * *

(462) The following plan was submitted on October 21, 2014, by 

the Governor’s designee.

(i) (Reserved).

(ii) Additional Materials.

(A) Great Basin Unified Air Pollution Control District

(GBUAPCD).

(1) “2014 Air Quality Maintenance Plan and Redesignation Request 

for the Town of Mammoth Lakes” (Mammoth Lakes PM10 Maintenance 

Plan), adopted on May 5, 2014.

(2) GBUAPCD Board Order #140505-03 adopting the Mammoth Lakes 

PM10 Maintenance Plan, dated May 5, 2014.

(B) State of California Air Resources Board (CARB). 

(1) CARB Resolution 14-27 adopting the redesignation request and 

Mammoth Lakes PM10 Maintenance Plan, dated September 18, 2014.

* * * * *

PART 81--[AMENDED]

3. The authority citation for part 81 continues to read as 

follows:
This document is a prepublication version signed by Regional Administrator Jared Blumenfeld on September 18, 

2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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

Subpart C – [AMENDED]

4. Section 81.305 is amended in the table for “California–PM-10” 

by revising the entry under Mono County for the “Mammoth Lake 

planning area” to read as follows:

Section 81.305 California.

* * * * *

California—PM-10

Designated Area

Designation Classification

Date Type Date Type

* * * * * * *

Mono County

 Mammoth Lakes planning area

 Includes the following sections:

a. Sections 1-12, 17, and 18 of 

Township T4S, R28E;

b. Sections 25-36 of Township 

T3S, R28E;

c. Sections 25-36 of Township 

T3S, R27E;

d. Sections 1-18 of Township T4S, 

R27E; and, 

e. Sections 25 and 36 of Township 

T3S, R26E.

* * * * * * *

[INSERT DATE 

30 DAYS AFTER 

THE DATE OF 

PUBLICATION 

IN THE 

Federal 

Register].

Attainment

* * * * *