The EPA Regional Administrator, Jared Blumenfeld signed the following final 

rule on June 12, 2013 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 final rule, it is not the official version of the 

final rule. Please refer to the official version in a forthcoming FR 

publication appearing on the Government Printing Office’s FDsys website, 

http://fdsys.gpo.gov/fdsys/search/home.action and on Regulation.gov in Docket 

Number EPA-R09-OAR-2013-0007, http://www.regulations.gov.

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2013-0007; FRL-]

Approval and Promulgation of Implementation Plans; Designation 

of Areas for Air Quality Planning Purposes; California; South 

Coast Air Basin; Approval of PM10 Maintenance Plan and 

Redesignation to Attainment for the PM10 Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY. EPA is approving, as a revision to the California State 

implementation plan (SIP), the State's request to redesignate 

the Los Angeles-South Coast Air Basin (South Coast) to 

attainment for the 24-hour particulate matter of ten microns or 

less (PM10) national ambient air quality standard (NAAQS). EPA is 

also approving the PM10 maintenance plan and the associated PM10

motor vehicle emissions budgets for use in transportation 

conformity determinations necessary for the South Coast PM10

area. Finally, EPA is approving the attainment year emissions 

inventory. EPA is taking these actions because the SIP revision 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

2

meets the requirements of the Clean Air Act (CAA) and EPA 

guidance for such plans and motor vehicle emissions budgets.

DATES: Effective Date: This rule is effective on [INSERT DATE 30 

DAYS FROM DATE OF PUBLICATION IN FEDERAL REGSITER].

ADDRESSES: You may inspect the supporting information for this 

action, identified by docket number EPA-R09-OAR-2013-0007, by 

one of the following methods:

1. Federal eRulemaking portal, http://www.regulations.gov,

please follow the online instructions; or,

2. Visit our regional office at, U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-

3901.

Docket: The index to the docket for this action is available 

electronically at http://www.regulations.gov and in hard copy at 

EPA Region IX, 75 Hawthorne Street, San Francisco, California. 

While documents in the docket are listed in the index, some 

information may be publicly available only at the hard copy 

location (e.g., voluminous records, large maps, copyrighted 

material), and some may not be publicly available in either 

location (e.g., Confidential Business Information). To inspect 

the hard copy materials, please schedule an appointment during 

normal business hours with the contact listed directly below.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

3

FOR FURTHER INFORMATION CONTACT: Wienke Tax, EPA Region IX, 

(415) 947-4192, tax.wienke@epa.gov.

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

and “our” refer to EPA.

Table of Contents

I. Summary of Proposed Action

II. Public Comment and EPA Response

III. EPA's Final Action

IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

On April 8, 2013 (78 FR 20868), based on EPA's review of 

the Final PM10 Redesignation Request and Maintenance Plan for the 

South Coast Air Basin (December 2009) (“2009 South Coast PM10

Redesignation Request and Maintenance Plan”) submitted by 

California, air quality monitoring data, and other relevant 

materials, EPA proposed to approve the State of California's 

request to redesignate the South Coast PM10 nonattainment area to 

attainment of the PM10 NAAQS, pursuant to CAA sections 

107(d)(3)(E) and 175A. The background for today's actions is 

discussed in detail in EPA's April 8, 2013 proposed rulemaking

and technical support document (TSD).

We based our conclusion that the area had attained the 

standard on our determination that the three years of complete, 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

4

quality-assured data for the period 2008-2010 showed that the 

South Coast PM10 nonattainment area had attained the PM10 NAAQS. 

We also determined based on more recent data that the area 

continues to attain the NAAQS based on certified, qualityassured 2012 data. Data for 2013 have not been submitted to 

EPA’s Air Quality System (AQS) and are not required to be 

submitted until June 30, 2013.

Our proposed approval of the redesignation request was 

based on EPA's finding that the area meets all other CAA 

redesignation requirements under section 107(d)(3)(E) and the 

CAA maintenance plan requirements under section 175A.

EPA proposed to approve the State's maintenance plan, which 

includes SIP-approved control measures for fugitive dust, open 

burning and wood burning devices, cement manufacturing, 

aggregate and related operations, and paved and unpaved roads, 

among others. Implementation of these control measures has

resulted in attainment of the PM10 NAAQS in the South Coast 

nonattainment area and the continued implementation of these 

control measures is expected to provide for maintenance of the 

PM10 NAAQS into the future. We also proposed to approve the motor 

vehicle emissions budgets associated with the plan because the

plan demonstrated that these emissions levels, when considered 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

5

with emissions from all other sources, were consistent with 

maintenance of the NAAQS. 

Finally, EPA proposed to approve the attainment year 

emissions inventory submitted with the maintenance plan as 

meeting the requirements of CAA section 172(c)(3).

II. Public Comments and EPA Responses

EPA provided for a 30-day public comment period on our 

proposed action. The comment period ended on May 8, 2013. We 

received one comment letter from the South Coast Air Quality 

Management District (SCAQMD or District) on May 8, 2013.

1 We 

respond to that comment here.

Comment: SCAQMD strongly supports EPA’s proposed action. The 

District also commented that it submitted, through CARB, 

exceptional events packages requesting exclusion of monitoring 

data from multiple sites in the SCAQMD network from October 21, 

2007 and July 5, 2007 under EPA’s Exceptional Events Rule (72 FR 

28612, May 22, 2007). The exceptional events requests were

submitted to EPA by CARB on October 23, 2009 and December 22, 

2009, respectively. The letter also requested EPA to acknowledge 

the requests if EPA did not evaluate these requests before 

taking final action on this proposal.

 

1 See letter, Elaine Chang, DrPH, Deputy Executive Officer, South Coast Air 

Quality Management District, to Wienke Tax, US Environmental Protection 

Agency, Region IX, dated May 8, 2013, in the docket for today’s action.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

6

Response: EPA received two exceptional events requests from CARB 

for South Coast monitoring data from 2007 on October 23, 2009 

and December 22, 2009. EPA is not taking any action on the 

exceptional events requests cited in the District’s comment 

letter. It is not necessary for EPA to process those requests

because this final action is based on monitored data occurring 

after the time of those requests. Therefore, whether we granted 

or denied the exceptional events requests concerning data from 

2007, it would not have any bearing on our action today. 

III. EPA's Final Action

Based on our review of the 2009 South Coast PM10

Redesignation Request and Maintenance Plan submitted by the 

State, air quality monitoring data, and other relevant 

materials, EPA finds that the State has addressed all the 

necessary requirements for redesignation of the South Coast air 

basin 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 

CARB’s request, which accompanied the submittal of the 

maintenance plan, to redesignate the South Coast PM10

nonattainment area to attainment for the 24-hour PM10 NAAQS. We 

are doing so based on our conclusion that the area has met the 

five criteria for redesignation under CAA section 107(d)(3)(E). 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

7

Our conclusion is based on our determination that the area has 

attained the 24-hour PM10 NAAQS; that relevant portions of the 

California SIP are fully approved; that the improvement in air 

quality is due to permanent and enforceable reductions in 

emissions; that California has met all requirements applicable 

to the South Coast PM10 nonattainment area with respect to 

section 110 and part D of the CAA; and that we are approving the 

South Coast PM10 maintenance plan as part of today’s action.

Second, in connection with the 2009 South Coast PM10

Redesignation Request and Maintenance Plan, EPA is finding that 

the maintenance demonstration showing how the area will continue 

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

redesignation (i.e., through 2030) and the associated motor 

vehicle emissions budgets meet applicable CAA requirements for 

maintenance plans and transportation conformity requirements 

under 40 CFR 93.118(e). We are also approving the 2010 emissions 

inventory as meeting the applicable requirements for emissions 

inventories in CAA sections 175A and 172.

With today’s action, we are finalizing our approval of the 

motor vehicle emissions budgets. After the effective date of 

today’s final rule, the approved budgets must be used in any 

future regional emissions analysis for PM10 conducted by the 

local metropolitan planning organization, the Southern 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

8

California Association of Governments, and the Federal Highway 

Administration.

IV. Statutory and Executive Order Reviews

Under the CAA, redesignation of an area to attainment and 

the accompanying approval of a maintenance plan under section 

107(d)(3)(E) are actions that affect the status of a 

geographical area and do not impose any additional regulatory 

requirements on sources beyond those imposed by State law. A 

redesignation to attainment does not in and of itself create any 

new requirements, but rather results in the applicability of 

requirements contained in the CAA for areas that have been 

redesignated to attainment. Moreover, the Administrator is 

required to approve a SIP submission that complies with the 

provisions of the Act and applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, 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 these reasons, these actions:
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

9

 Are not “significant regulatory actions” subject to 

review by the Office of Management and Budget under 

Executive Order 12866 (58 FR 51735, October 4, 1993);

 Do not impose an information collection burden under the 

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

et seq.);

 Are 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.);

 Do not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

 Do not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999);

 Are not an economically significant regulatory action

based on health or safety risks subject to Executive 

Order 13045 (62 FR 19885, April 23, 1997);

 Are not a significant regulatory action subject to 

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

 Are 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 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

10

requirements would be inconsistent with the Clean Air 

Act; and

 Do 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, this rule does not have tribal implications as 

specified by Executive Order 13175 (65 FR 67249, November 9, 

2000), because the final action does not apply in Indian country 

located in the State, and EPA notes that it will not impose 

substantial direct costs on tribal governments or preempt tribal 

law. Nonetheless, in accordance with EPA’s 2011 Policy on 

Consultation and Coordination with Tribes, EPA has notified 

Tribes located within the South Coast PM-10 nonattainment area 

of this action.

The Congressional Review Act, 5 U.S.C. 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 
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

11

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 CAA, 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 

FROM 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 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
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

12

Environmental protection, Air pollution control, Incorporation 

by reference, Particulate matter, Reporting and recordkeeping 

requirements.

40 CFR Part 81

Environmental protection, Air pollution control, National parks, 

Wilderness areas.

____ __________________ ________________________________

Dated: Jared Blumenfeld,

Regional Administrator, Region 9.

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)(427) to 

read as follows:

§ 52.220 Identification of plan.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

13

* * * * *

(c) * * *

(427) The following plan was submitted on April 28, 2010, by the 

Governor's Designee.

(i) [Reserved]

(ii) Additional materials.

(A) South Coast Air Quality Management District.

(1) Final PM10 Redesignation Request and Maintenance Plan for the 

South Coast Air Basin (December 2009) (2009 South Coast PM10

Redesignation Request and Maintenance Plan), adopted January 8, 

2010.

(2) SCAQMD Board Resolution 10-1, dated January 8, 2010, 

adopting the 2009 South Coast PM10 Redesignation Request and 

Maintenance Plan.

(B) State of California Air Resources Board.

(1) CARB Resolution 10-21, dated March 25, 2010, adopting the 

2009 South Coast PM10 Redesignation Request and Maintenance Plan.

Part 81 Amended

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

follows:

Authority:

42 U.S.C. 7401 et seq.
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

14

Subpart C—[Amended]

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

by revising the entry under Riverside, Los Angeles, Orange, and 

San Bernardino Counties for the “South Coast Air Basin” to read 

as follows:

§ 81.305 California.

* * * * *

California— PM-10

Designated area Designation Classification

Date Type Date Type

 * * * * * * 

*

Riverside, Los 

Angeles, Orange, and 

San Bernardino 

Counties 

South Coast Air 

Basin

[INSERT 

DATE 30 

DAYS FROM 

THE DATE OF 

PUBLICATION 

Attainment
This document is a prepublication version signed by EPA Regional 

Administrator Jared Blumenfeld on June 12, 2013. We have taken steps to 

ensure the accuracy of this version, but it is not the official version.

15

IN THE 

FEDERAL 

REGISTER]