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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Proposed Rules]
[Pages 92873-92881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27517]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0472; FRL-12322-01-R9]

Clean Data Determination and Proposed Approval of Base Year 
Emissions Inventory; California; Los Angeles-South Coast Air Basin; 
189(d) Plan for the 2006 24-Hour PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to make 
a clean data determination (CDD) for the Los Angeles-South Coast Air 
Basin (``South Coast'') air quality planning area in California based 
on our determination that the area is attaining the 2006 fine particle 
(PM2.5) National Ambient Air Quality Standards (NAAQS). If 
we finalize this CDD, certain Clean Air Act (CAA) requirements that 
apply to the South Coast Air Quality Management District (SCAQMD or 
``District'') will be suspended for so long as the area continues to 
meet the 2006 24-hour PM2.5 NAAQS. The EPA is also proposing 
to approve a revision to California's state implementation plan (SIP) 
consisting of the 2018 base year emissions inventory for the South 
Coast PM2.5 nonattainment area, submitted by the California 
Air Resources Board (CARB) on December 29, 2020. We are taking comments 
on this proposal and plan to follow with a final action.

DATES: Comments must be received on or before December 26, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0472 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a 
language other than English or if you are a person with a disability 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Ashley Graham, Geographic Strategies 
and Modeling Section (AIR-2-2), EPA Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105; phone: (415) 972-3877; email: 
[email protected].

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

Table of Contents

I. Background
    A. PM2.5 NAAQS
    B. South Coast PM2.5 Designations, Classifications, 
and SIP Revisions
    C. Clean Air Act Requirements for PM2.5 Nonattainment 
Areas That Fail To Attain by the Serious Area Attainment Date
    D. The EPA's Clean Data Policy
II. The EPA's Proposed Clean Data Determination
    A. Monitoring Network Review, Quality Assurance, and Data 
Completeness
    B. The EPA's Evaluation of Attainment
III. Review of the 2018 Base Year Emissions Inventory in the South 
Coast PM2.5 Plan
    A. Statutory and Regulatory Requirements
    B. Base Year Emissions Inventory in the Plan
    C. The EPA's Evaluation
IV. Environmental Justice Considerations
V. The EPA's Proposed Action
VI. Statutory and Executive Order Reviews

I. Background

A. PM2.5 NAAQS

    Under section 109 of the CAA, the EPA has established NAAQS for 
certain pervasive air pollutants (referred to as ``criteria 
pollutants'') and conducts periodic reviews of the NAAQS to determine 
whether the EPA should revise or establish new NAAQS to protect public 
health.
    The EPA first established annual and 24-hour NAAQS for 
PM2.5 on July 18, 1997.\1\ The 24-hour primary and secondary 
standards were set at 65 [mu]g/m\3\ based on the three-year average of 
the 98th percentile of 24-hour PM2.5 concentrations at each 
monitoring site within an area.\2\ On September 21, 2006, the EPA 
strengthened the 24-hour PM2.5 NAAQS to provide increased 
protection of public health, revising the level of the standard to 35 
[mu]g/m\3\.\3\ Since then, the EPA has also revised the level of the 
primary annual PM2.5 NAAQS, which is currently set at 9.0 
[mu]g/m\3\.\4\
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    \1\ 62 FR 38652.
    \2\ 40 CFR 50.7.
    \3\ 71 FR 61144 (October 17, 2006) and 40 CFR 50.13. Unless 
otherwise noted, all references to the PM2.5 NAAQS in 
this document are to the 2006 24-hour PM2.5 NAAQS of 35 
[mu]g/m\3\, codified at 40 CFR 50.13.
    \4\ In December 2012, the EPA announced its decision to revise 
the level of the primary annual PM2.5 NAAQS to 12.0 
[mu]g/m\3\ (78 FR 3086, January 15, 2013). On February 7, 2024, the 
EPA announced its decision to revise the level of the primary annual 
PM2.5 NAAQS once more to 9.0 [mu]g/m\3\ (89 FR 16202, 
March 6, 2024).
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    The EPA established each of the PM2.5 NAAQS after 
considering substantial evidence from numerous health studies 
demonstrating that serious health effects are associated with exposures 
to PM2.5 concentrations above these levels. Epidemiological 
studies have shown statistically significant correlations

[[Page 92874]]

between elevated PM2.5 levels and premature mortality. Other 
important health effects associated with PM2.5 exposure 
include aggravation of respiratory and cardiovascular disease (as 
indicated by increased hospital admissions, emergency room visits, 
absences from school or work, and restricted activity dates), changes 
in lung function and increased respiratory symptoms, and new evidence 
for more subtle indicators of cardiovascular health. Individuals 
particularly sensitive to PM2.5 exposure include older 
adults, people with heart and lung disease, and children.\5\
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    \5\ EPA, Air Quality Criteria for Particulate Matter, No. EPA/
600/P-99/002aF and EPA/600/P-99/002bF, October 2004.
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    PM2.5 can be particles emitted by sources directly into 
the atmosphere as a solid or liquid particle (``primary 
PM2.5'' or ``direct PM2.5'') or can be particles 
that form in the atmosphere as a result of various chemical reactions 
from PM2.5 precursor emissions emitted by sources 
(``secondary PM2.5''). The EPA has identified the precursors 
of PM2.5 to be oxides of nitrogen (``NOX''), 
sulfur oxides (``SOX''), volatile organic compounds 
(``VOC''), and ammonia.\6\
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    \6\ For example, see 72 FR 20586, 20589 (April 25, 2007).
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B. South Coast PM2.5 Designations, Classifications, and SIP Revisions

    The South Coast PM2.5 nonattainment area is home to 
approximately 17 million people, has a diverse economic base, and 
contains one of the highest-volume port areas in the world. For a 
precise description of the geographic boundaries of the South Coast 
PM2.5 nonattainment area, see 40 CFR 81.305. The local air 
district with primary responsibility for developing a plan to attain 
the 2006 24-hour PM2.5 NAAQS in this area is the SCAQMD. The 
District works cooperatively with CARB in preparing these plans. 
Authority for regulating sources in the South Coast is split between 
the District, which has responsibility for regulating stationary and 
most area sources, and CARB, which has responsibility for regulating 
most mobile sources and some categories of consumer products.
    Following promulgation of a new or revised NAAQS, the EPA is 
required by CAA section 107(d) to designate areas throughout the nation 
as attaining or not attaining the NAAQS. Effective December 14, 2009, 
the EPA designated the South Coast as nonattainment for the 2006 24-
hour PM2.5 standards.\7\ On June 2, 2014, the EPA classified 
the South Coast area as ``Moderate'' nonattainment for the 2006 24-hour 
PM2.5 NAAQS under subpart 4 of part D, title I of the 
Act.\8\
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    \7\ 74 FR 58688 (November 13, 2009).
    \8\ 79 FR 31566.
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    On January 13, 2016, the EPA reclassified the South Coast area as a 
``Serious'' nonattainment area based on our determination that the area 
could not practicably attain the 2006 24-hour PM2.5 NAAQS by 
the area's December 31, 2015 attainment date.\9\ As a consequence, 
California was required to submit a nonattainment new source review 
program revision and a Serious area attainment plan, including a 
demonstration that the plan provides for attainment of the 2006 24-hour 
PM2.5 NAAQS in the South Coast as expeditiously as 
practicable but no later than December 31, 2019, which is the latest 
permissible attainment date under CAA section 188(c)(2).\10\ California 
submitted a plan addressing the Serious area attainment planning 
requirements for the 2006 24-hour PM2.5 NAAQS in the South 
Coast on April 27, 2017,\11\ and the EPA approved the Serious area plan 
on February 12, 2019.\12\
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    \9\ 81 FR 1514.
    \10\ Id.
    \11\ Letter dated April 27, 2017, from Richard Corey, Executive 
Officer, CARB, to Alexis Strauss, Acting Regional Administrator, EPA 
Region IX.
    \12\ 84 FR 3305.
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    Effective October 16, 2020, the EPA determined, based on air 
quality monitoring data from 2017 through 2019, that the South Coast 
nonattainment area failed to attain the 2006 24-hour PM2.5 
NAAQS by the December 31, 2019 Serious area attainment date.\13\ As a 
result of this determination, California was required to submit a 
revision to the California SIP that, among other elements, provided for 
a five percent annual reduction in emissions of direct PM2.5 
or a PM2.5 plan precursor pollutant. In accordance with 
sections 179(d)(3) and 172(a)(2) of the CAA and 40 CFR 51.1004(a)(3), 
the revised plan was required to demonstrate attainment of these NAAQS 
as expeditiously as practicable and no later than 5 years from the 
effective date of the EPA's prior determination that the area failed to 
attain (i.e., by October 16, 2025), except that the EPA may extend the 
attainment date to a date no later than 10 years from the effective 
date of this determination (i.e., to October 16, 2030), ``considering 
the severity of nonattainment and the availability and feasibility of 
pollution control measures.'' \14\
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    \13\ 85 FR 57733 (September 16, 2020).
    \14\ Id. at 57735.
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    On December 29, 2020, California submitted to the EPA the ``Final 
South Coast Air Basin Attainment Plan for 2006 24-hour PM2.5 
Standard,'' (``South Coast PM2.5 Plan'' or ``Plan'') adopted 
by SCAQMD on December 4, 2020, and adopted by CARB on December 21, 
2020.15 16 The PM2.5 Plan was intended to address 
the requirements resulting from the September 16, 2020 finding of 
failure to attain and included the State's demonstration that the South 
Coast Air Basin would attain the 2006 24-hour PM2.5 NAAQS by 
December 31, 2023.\17\ As part of this action, as discussed in Section 
III of this document, the EPA is proposing to approve the base year 
emissions inventory in the South Coast PM2.5 Plan as meeting 
the requirements of CAA section 172(c)(3) and 40 CFR 51.1008(c)(1). The 
EPA is not proposing action on the remaining elements of the Plan and 
will do so through subsequent rulemaking, as appropriate.
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    \15\ Letter dated December 28, 2020, from Richard W. Corey, 
Executive Officer, CARB, to John W. Busterud, Regional 
Administrator, EPA Region 9, with enclosures (submitted 
electronically December 29, 2020).
    \16\ CARB Executive Order S-20-33, ``South Coast 
PM2.5 SIP Revision Submittal.''
    \17\ Id.
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C. Clean Air Act Requirements for PM2.5 Nonattainment Areas That Fail 
To Attain by the Serious Area Attainment Date

    The general CAA part D nonattainment area planning requirements are 
found in subpart 1 and the nonattainment area planning requirements 
specific to particulate matter are found in subpart 4. The subpart 1 
statutory requirements for attainment plans include the following: the 
section 172(c)(1) requirements for reasonably available control 
measures (RACM)/reasonably available control technology and attainment 
demonstrations; the section 172(c)(2) requirement to demonstrate 
reasonable further progress (RFP); the section 172(c)(3) requirement 
for emissions inventories; the section 172(c)(5) requirements for a 
nonattainment new source review permitting program; and the section 
172(c)(9) requirement for contingency measures.
    The more specific subpart 4 statutory requirements for a Serious 
PM2.5 nonattainment area that has failed to attain the 
PM2.5 NAAQS by the applicable attainment date, such as the 
South Coast area, include the requirements under CAA section 189(d) 
that the State submit an attainment plan revision that, among other 
things, demonstrates expeditious attainment of the NAAQS within the 
time period provided under CAA section 179(d)(3) and provides for 
annual reductions in emissions of direct PM2.5 or a 
PM2.5 plan

[[Page 92875]]

precursor pollutant within the area of not less than five percent per 
year from the most recent emissions inventory for the area until 
attainment.\18\
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    \18\ CAA section 189(d), 40 CFR 51.1004(a)(3), and 40 CFR 
51.1010(c).
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    In addition to the requirement to submit control measures providing 
for a five percent reduction in emissions of certain pollutants on an 
annual basis, the EPA interprets CAA section 189(d) as requiring a 
state to submit an attainment plan that includes the same basic 
statutory plan elements that are required for other attainment 
plans.\19\ Specifically, such plan submission must include a 
comprehensive, accurate, current inventory of actual emissions from all 
sources of PM2.5 and PM2.5 precursors in the 
area, and must address requirements for an attainment plan control 
strategy, attainment demonstration, reasonable further progress, 
quantitative milestones, contingency measures, and nonattainment new 
source review.\20\
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    \19\ 81 FR 58010, 58098 (August 24, 2016).
    \20\ 40 CFR 51.1003(c)(1).
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    To support implementation of the PM2.5 NAAQS, the EPA 
promulgated the ``Fine Particle Matter National Ambient Air Quality 
Standard: State Implementation Plan Requirements; Final Rule'' 
(``PM2.5 Implementation Rule'').\21\ The PM2.5 
Implementation Rule provides additional regulatory requirements and 
interpretive guidance on the statutory SIP requirements that apply to 
areas designated nonattainment for the PM2.5 NAAQS, 
including the 2006 24-hour PM2.5 NAAQS at issue in this 
proposal.
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    \21\ 81 FR 58010.
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D. The EPA's Clean Data Policy

    Under the EPA's longstanding Clean Data Policy, which was 
reaffirmed in the PM2.5 Implementation Rule at 40 CFR 
51.1015, when an area has attained the relevant PM2.5 
standard(s), the EPA may issue a CDD (also sometimes referred to as a 
determination of attainment for the purposes of the Clean Data Policy) 
after notice and comment rulemaking determining that a specific area is 
attaining the relevant standard(s). A CDD is not linked to any 
particular attainment deadline and is not necessarily equivalent to a 
determination that an area has attained the standard by its applicable 
attainment deadline.
    The effect of a CDD is to suspend the requirement for the area to 
submit an attainment demonstration, RACM, an RFP plan, contingency 
measures, and any other planning requirements related to attainment for 
as long as the area continues to attain the standard.\22\ With respect 
to the attainment demonstration requirements of section 189(d) of the 
CAA, the EPA finds that if an area already has air quality monitoring 
data demonstrating attainment of the standard, under the Clean Data 
Policy, there is no need for the area to make a further submittal 
containing additional measures to achieve attainment, nor is there a 
need for the area to perform future modeling to show how the area will 
achieve attainment.\23\ Similarly, the EPA interprets the CAA as not 
requiring the submittal of RFP and associated quantitative milestones 
for areas that are already attaining the NAAQS. For areas that are 
attaining the NAAQS, showing that the state will make RFP towards 
attainment has no meaning. Similar reasoning applies to other SIP 
submittal requirements that are linked with attainment demonstration 
and RFP requirements. The EPA interprets the obligation to submit 
contingency measures as suspended when the area has attained the 
standard because those contingency measures are directed at ensuring 
RFP and attainment by the applicable date. A CDD does not suspend the 
requirements for an emissions inventory or for new source review.\24\
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    \22\ In the context of CDDs, the EPA distinguishes between 
attainment planning requirements of the CAA, which relate to the 
attainment demonstration for an area and related control measures 
designed to bring an area into attainment for the given NAAQS as 
expeditiously as practicable, and other types of requirements, such 
as permitting requirements under the nonattainment new source review 
program, emissions inventory requirement, and specific control 
requirements independent of those strictly needed to ensure timely 
attainment of the given NAAQS. 81 FR 58010, 58128.
    \23\ Id.
    \24\ Id. On October 22, 2021, the EPA approved SCAQMD's Rule 
1325, ``Federal PM2.5 New Source Review Program'' as 
meeting applicable CAA requirements for new source review, thereby 
satisfying the requirement for new source review (86 FR 58592). This 
action includes our proposed approval of the base year emissions 
inventory included in the attainment plan for the South Coast 
nonattainment area submitted on December 29, 2020. See Section III 
of this document.
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II. The EPA's Proposed Clean Data Determination

A. Monitoring Network Review, Quality Assurance, and Data Completeness

    A determination of attainment under the EPA's Clean Data Policy is 
typically based upon complete, quality-assured data gathered at 
established State and Local Air Monitoring Stations (SLAMS) in a 
nonattainment area and entered into the EPA's Air Quality System (AQS) 
database. Data from ambient air monitors operated by state/local 
agencies in compliance with the EPA monitoring requirements must be 
submitted to AQS. Monitoring agencies annually certify that these data 
are accurate to the best of their knowledge. Accordingly, the EPA 
relies primarily on data in AQS when determining compliance with the 
NAAQS.\25\ The EPA reviews all data to determine the area's air quality 
status in accordance with 40 CFR part 50, appendix N. Under EPA 
regulations in 40 CFR 50.13 and in accordance with appendix N, the 2006 
24-hour PM2.5 NAAQS are met when the 98th percentile 24-hour 
concentration, as determined in accordance with the rounding 
conventions in 40 CFR part 50, appendix N, is less than or equal to 35 
[mu]g/m\3\ at each eligible monitoring site within the area.
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    \25\ See 40 CFR 50.7; 40 CFR part 50, appendix L; 40 CFR part 
53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D, and E.
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    Section 110(a)(2)(B)(i) of the CAA requires states to establish and 
operate air monitoring networks to compile data on ambient air quality 
for all criteria pollutants. The monitoring requirements are specified 
in 40 CFR part 58. These requirements are applicable to state, and 
where delegated, local air monitoring agencies that operate criteria 
pollutant monitors. The regulations in 40 CFR part 58 establish 
specific requirements for operating air quality surveillance networks 
to measure ambient concentrations of PM2.5, including 
requirements for measurement methods, network design, quality assurance 
procedures, and in the case of large urban areas, the minimum number of 
monitoring sites designated as SLAMS.
    In section 4.7 of appendix D to 40 CFR part 58, the EPA specifies 
minimum monitoring requirements for PM2.5 to operate at 
SLAMS. SLAMS produce data comparable to the NAAQS, and therefore, the 
monitor must be an approved federal reference method (FRM) or federal 
equivalent method (FEM). The minimum number of SLAMS required is 
described in section 4.7.1 and can be met by either filter-based or 
continuous FRMs or FEMs. The monitoring regulations also provide that 
each core-based statistical area must operate a minimum number of 
PM2.5 continuous monitors; \26\ however, this requirement 
can be met by either an FEM or a non-FEM continuous monitor, and the 
continuous monitors can be located with other SLAMS or at a different 
location. Consequently, the monitoring requirements for 
PM2.5 can be met with filter-based FRMs/FEMs, continuous 
FEMs, continuous non-FEMs, or a

[[Page 92876]]

combination of monitors at each required SLAMS.
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    \26\ 40 CFR part 58, appendix D, section 4.7.2.
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    Under 40 CFR 58.10, states are required to submit annual monitoring 
network plans to the EPA.\27\ Within the South Coast Air Basin, the 
District and the Pechanga Band of Indians (``Pechanga Band'') are the 
agencies responsible for assuring that the area meets PM2.5 
air quality monitoring requirements. The District submits annual 
monitoring network plans (ANPs) to the EPA that describe the various 
monitoring sites operated by the District. The Pechanga Band does the 
same for the monitoring site it operates. These plans discuss the 
status of the air monitoring network, as required under 40 CFR 58.10. 
Each year, the EPA reviews these ANPs for compliance with the 
applicable monitoring requirements in 40 CFR part 58. The EPA approved 
those portions of the District's 2023 ANP \28\ and the Pechanga Band's 
2023 ANP \29\ that pertain to the adequacy of the network for 
PM2.5 monitoring purposes.
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    \27\ 40 CFR 58.10(a)(1).
    \28\ We have included copies of SCAQMD's annual network plans 
for 2021-2023 in the docket for this rulemaking.
    \29\ We have included copies of the Pechanga Band's annual 
network plans for 2021-2023 in the docket for this rulemaking.
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    During the 2021-2023 period, ambient PM2.5 concentration 
data that are eligible for use in determining whether an area has 
attained the PM2.5 NAAQS were collected at a total of 19 
sites within the South Coast. The District operates 18 of these sites 
while the Pechanga Band operates 1 of these sites. All of the sites are 
designated SLAMS for PM2.5.\30\ Based on our review of the 
PM2.5 monitoring network, we propose to find that the 
monitoring network in the South Coast is adequate for the purpose of 
collecting ambient PM2.5 concentration data for use in 
determining whether the South Coast has attained the 2006 24-hour 
PM2.5 NAAQS.
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    \30\ There are a number of other PM2.5 monitoring 
sites within the South Coast Air Basin, including other sites 
operated by the District, the National Park Service, and certain 
Indian tribes, but the data collected from these sites are non-
regulatory and not eligible for comparison with the PM2.5 
NAAQS.
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    Under 40 CFR 58.15, monitoring agencies must submit a letter to the 
EPA each year to certify that all of the ambient concentration and 
quality assurance data for the previous year have been submitted to AQS 
and that the ambient concentration data are accurate to the best of 
their knowledge, taking into consideration the quality assurance 
findings. The letter must address data for all FRM and FEM monitors at 
SLAMS and special purpose monitoring stations that meet the criteria 
specified in 40 CFR 58, appendix A. The District \31\ and the Pechanga 
Band \32\ submit this certification annually, as required by 40 CFR 
58.15.
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    \31\ We have included SCAQMD's annual data certifications for 
2021, 2022, and 2023 in the docket for this rulemaking.
    \32\ We have included the Pechanga Band's annual data 
certifications for 2021 and 2022 in the docket for this rulemaking.
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    With respect to data completeness, we determined that the data 
collected by the District met the quarterly completeness criterion for 
all 12 quarters of the three-year period at most of the 
PM2.5 monitoring sites in the South Coast. The Pechanga 
Band, as of proposal, did not meet the quarterly completeness criterion 
for all 12 quarters of the three-year period at its PM2.5 
monitoring site. More specifically, among the 19 PM2.5 
monitoring sites from which regulatory data are available, the data 
from six of the sites did not meet the 75 percent completeness 
criterion for at least one quarter in the 2021-2023 period, leading to 
invalid 2023 design values. Of the six sites with invalid design 
values, two sites, Long Beach (North) and Long Beach (South), were 
approved for closure by the EPA and ceased operating at the end of the 
second quarter in 2022 and the end of the first quarter in 2022, 
respectively.33 34 The Signal Hill (Lbsh) site began 
monitoring for PM2.5 in the second quarter of 2022 and was 
complete for three quarters in 2022 and all four quarters of 2023. Two 
other sites, Azusa and Mission Viejo, temporarily ceased operating in 
2022. The Azusa site was incomplete in the second and third quarter of 
2022 and temporarily ceased monitoring at the end of the third quarter 
in 2022. The Mission Viejo site temporarily ceased operations during 
the second quarter of 2022. At the time this document was being 
prepared, the remaining site, Pechanga, operated by the Pechanga Band 
had yet to fully upload and certify their 2023 data.
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    \33\ Letter dated April 15, 2022, from Gwen Yoshimura, Manager, 
Air Quality Analysis Office, Air and Radiation Division, U.S. EPA 
Region IX, to Rene Bermudez, Atmospheric Measurements Manager, 
SCAQMD.
    \34\ Letter dated May 26, 2022, from Gwen Yoshimura, Manager, 
Air Quality Analysis Office, Air and Radiation Division, U.S. EPA 
Region IX, to Rene Bermudez, Atmospheric Measurements Manager, 
SCAQMD.
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    The invalid design values from the six monitors described above are 
from sites within the South Coast that generally measure lower 24-hour 
design values than other monitors in the South Coast. Given that the 
District and the Pechanga Band operate more than the minimum number of 
PM2.5 monitoring sites in the Los Angeles-Long Beach-
Anaheim, CA metropolitan statistical area (MSA) and the Riverside-San 
Bernardino-Ontario, CA MSA, the overall completeness of data from all 
sites, especially those sites that historically measure the highest 
concentrations in the South Coast, we find that the data set compiled 
from the PM2.5 monitoring networks is sufficient for the 
purposes of determining whether the South Coast has attained the 2006 
24-hour PM2.5 NAAQS.\35\
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    \35\ See 40 CFR part 50, appendix N, section 4.2(b).
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    Finally, the EPA conducts regular technical systems audits (TSAs) 
where we review and inspect state and local ambient air monitoring 
programs to assess compliance with applicable regulations concerning 
the collection, analysis, validation, and reporting of ambient air 
quality data. For the purposes of this proposal, we reviewed the 
findings from the EPA's most recent TSAs of the District's \36\ and the 
Pechanga Band's \37\ ambient air monitoring programs. The results of 
the TSAs do not preclude the EPA from determining that the South Coast 
PM2.5 nonattainment area has attained the 2006 24-hour 
PM2.5 NAAQS.
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    \36\ Letter dated March 17, 2021, from Elizabeth Adams, 
Director, Air and Radiation Division, EPA Region IX, to Dr. Matt 
Miyasato, Executive Officer, SCAQMD, with enclosure titled, 
``Technical Systems Audit Report, SCAQMD, June 1-June 5, 2020.''
    \37\ Letter dated August 22, 2022, from Elizabeth Adams, 
Director, Air and Radiation Division, EPA Region IX, to Kelsey 
Stricker, Environmental Director, Pechanga Band of Luiseno Indians, 
with enclosure titled, ``Technical Systems Audit Report of the 
Ambient Air Monitoring Program, Pechanga Band of Luiseno Indians, 
September 27-30 and October 7, 2022.''
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    In summary, based on the EPA's reviews of the relevant ANPs, 
certifications, quality assurance data, and TSAs, we propose to find 
that the PM2.5 data collected at the South Coast Air Basin 
monitoring sites are suitable for determining whether the South Coast 
PM2.5 nonattainment area is attaining the 2006 24-hour 
PM2.5 NAAQS.

B. The EPA's Evaluation of Attainment

    Table 1 provides the PM2.5 design values at each of the 
19 monitoring sites with the South Coast PM2.5 nonattainment 
area, expressed as a single design value representing the 2021-2023 
period and for each individual year. The PM2.5 data show 
that the design values at the South Coast Air Basin monitoring sites 
were below

[[Page 92877]]

the 2006 24-hour PM2.5 NAAQS of 35 [mu]g/m\3\.

                               Table 1--2021-2023 24-Hour PM2.5 Design Values for the South Coast PM2.5 Nonattainment Area
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                                                                          Annual 98th percentile ([mu]g/m\3\)                       2021-2023 24-hour
        General location             Site (AQS ID)    --------------------------------------------------------------------------   design value ([mu]g/
                                                                 2021                     2022                    2023                    m\3\)
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                                                                   Los Angeles County
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East San Gabriel Valley.........  Azusa (06-037-0002)  36.1....................  17.8 (Inc)...........  No Data (Inc)..........  27 (Inv).
Central Los Angeles.............  Los Angeles (Main    45.2....................  21.9.................  23.4...................  30.
                                   Street) (06-037-
                                   1103).
West San Fernando Valley........  Reseda (06-037-      36.1....................  19.5.................  19.2...................  25.
                                   1201).
South Central Los Angeles County  Compton (06-037-     42.5....................  32.6.................  28.1...................  34.
                                   1302).
South San Gabriel Valley........  Pico Rivera #2 (06-  47.9....................  25.6.................  27.8...................  34.
                                   037-1602).
West San Gabriel Valley.........  Pasadena (06-037-    29.9....................  19.0.................  17.7...................  22.
                                   2005).
South Coastal Los Angeles County  Long Beach (North)   31.2....................  18.0 (Inc)...........  No Data (Inc)..........  25 (Inv).
                                   (06-037-4002).
South Coastal Los Angeles County  South Long Beach     32.8....................  23.1 (Inc)...........  No Data (Inc)..........  28 (Inv).
                                   (06-037-4004).
South Coastal Los Angeles County  Long Beach-Route     34.8....................  25.5.................  25.4...................  29.
                                   710 Near Road (06-
                                   037-4008).
South Coastal Los Angeles County  Signal Hill (Lbsh)   No Data (Inc)...........  19.3 (Inc)...........  22.3...................  21 (Inv).
                                   (06-037-4009).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Orange County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Central Orange County...........  Anaheim (06-059-     37.1....................  22.1.................  22.6...................  27.
                                   0007).
Saddleback Valley...............  Mission Viejo (06-   24.9....................  16.9 (Inc)...........  No Data (Inc)..........  21 (Inv).
                                   059-2022).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Riverside County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Temecula Valley.................  Pechanga (06-065-    16.5....................  11.4.................  12.0 (Inc).............  13 (Inv).
                                   0009).
Metropolitan Riverside County...  Rubidoux (06-065-    37.5....................  23.2.................  24.5...................  28.
                                   8001).
Mira Loma.......................  Mira Loma (Van       42.8....................  26.2.................  30.2...................  33.
                                   Buren) (06-065-
                                   8005).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  San Bernardino County
--------------------------------------------------------------------------------------------------------------------------------------------------------
Southwest San Bernardino Valley.  Ontario-Route 60     49.4....................  26.4.................  26.4...................  34.
                                   Near Road (06-071-
                                   0027).
Central San Bernardino Valley...  Fontana (06-071-     33.4....................  28.1.................  25.0...................  29.
                                   2002).
East San Bernardino Mountains...  Big Bear (06-071-    21.5....................  23.2.................  18.0...................  21.
                                   8001).
Central San Bernardino Valley...  San Bernardino (06-  34.2....................  25.8.................  21.8...................  27.
                                   071-9004).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: EPA, AQS Design Value Report (AMP480), Report Request ID: 2218164, August 23, 2024.
Notes: Inc = Incomplete Data. Inv = Invalid design values due to incomplete data.

    Preliminary data available in AQS for 2024 (January through June) 
indicate that the South Coast area continues to show concentrations 
below the 2006 24-hour PM2.5 NAAQS.\38\ Consequently, the 
EPA is proposing to determine based upon three years of complete, 
quality-assured, and certified data from 2021 through 2023 that the 
South Coast PM2.5 nonattainment area has attained the 2006 
24-hour PM2.5 NAAQS and to issue a CDD.
---------------------------------------------------------------------------

    \38\ EPA, AQS Design Value Report (AMP480), Report Request ID: 
2228533, October 1, 2024.
---------------------------------------------------------------------------

    If we finalize this proposed CDD, the requirements for the State to 
submit an attainment demonstration, an RFP plan, quantitative 
milestones and quantitative milestone reports, and contingency measures 
for the area will be suspended until such time as: (1) the area is 
redesignated to attainment, after which such requirements are 
permanently discharged; or, (2) the EPA determines that the area has 
re-violated the 24-hour PM2.5 NAAQS, after which time the 
state shall submit such attainment plan elements for the Serious 
nonattainment area by a future date to be determined by the EPA and 
announced through publication in the Federal Register at the time the 
EPA determines the area is violating the 24-hour PM2.5 
NAAQS.\39\
---------------------------------------------------------------------------

    \39\ 40 CFR 51.1015(b).
---------------------------------------------------------------------------

    A CDD does not suspend the requirements for an emissions inventory. 
As discussed in Section III of this document, this document includes 
our proposed approval of the 2018 base year emissions inventory 
included in the attainment plan for the South Coast PM2.5 
nonattainment area, submitted on December 29, 2020.

III. Review of the 2018 Base Year Emissions Inventory in the South 
Coast PM2.5 Plan

A. Statutory and Regulatory Requirements

1. Requirements for Emissions Inventories
    CAA section 172(c)(3) requires that each nonattainment plan SIP 
submission include a comprehensive, accurate, current inventory of 
actual emissions from all sources of the relevant pollutant or 
pollutants in the nonattainment area. The EPA discussed the emissions 
inventory requirements that apply to PM2.5 nonattainment 
areas in the PM2.5 SIP Requirements Rule and

[[Page 92878]]

codified these requirements in 40 CFR 51.1008.\40\ The EPA has also 
issued guidance concerning emissions inventories for PM2.5 
nonattainment areas.\41\
---------------------------------------------------------------------------

    \40\ 81 FR 58010, 58098-58099.
    \41\ EPA, ``Emissions Inventory Guidance for Implementation of 
Ozone and Particulate Matter National Ambient Air Quality Standards 
(NAAQS) and Regional Haze Regulations,'' May 2017 (``Emissions 
Inventory Guidance''), available at https://www.epa.gov/air-emissions-inventories/air-emissions-inventory-guidance-implementation-ozone-and-particulate.
---------------------------------------------------------------------------

    The base year emissions inventory for an attainment plan under CAA 
section 189(d) must provide a state's best estimate of actual emissions 
from all sources of the relevant pollutants in the area (i.e., all 
emissions that contribute to the formation of a particular NAAQS 
pollutant). For the PM2.5 NAAQS, the base year inventory 
must include direct PM2.5 emissions, separately reported 
filterable and condensable PM2.5 emissions,\42\ and 
emissions of all chemical precursors to the formation of secondary 
PM2.5 (i.e., NOX, SO2, VOC, and 
ammonia).\43\
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    \42\ The Emissions Inventory Guidance identifies the types of 
sources for which the EPA expects states to provide condensable PM 
emissions inventories. Emissions Inventory Guidance, Section 4.2.1 
(``Condensable PM Emissions''), pp. 63-65.
    \43\ 40 CFR 51.1008.
---------------------------------------------------------------------------

    The emissions inventory base year for a Serious PM2.5 
nonattainment area subject to CAA section 189(d) must be one of the 
three years for which the EPA used monitored data to determine that the 
area failed to attain the PM2.5 NAAQS by the applicable 
Serious area attainment date, or another technically appropriate year 
justified by the state in its Serious area SIP submission.\44\
---------------------------------------------------------------------------

    \44\ 40 CFR 51.1008(c)(1).
---------------------------------------------------------------------------

    A state's nonattainment plan SIP submission must include 
documentation explaining how it calculated emissions data for the 
inventory. In estimating mobile source emissions, a state should use 
the latest emissions models and planning assumptions available at the 
time the SIP is developed. At the time the South Coast PM2.5 
Plan was developed, the latest EPA-approved version of California's 
mobile source emissions factor model for estimating tailpipe, brake and 
tire wear emissions from on-road mobile sources was EMFAC2017.\45\ 
States are also required to use the EPA's ``Compilation of Air 
Pollutant Emission Factors'' (AP-42) road dust method for calculating 
re-entrained road dust emissions from paved roads.\46\
---------------------------------------------------------------------------

    \45\ 84 FR 41717 (August 15, 2019). EMFAC is short for EMission 
FACtor. The EPA announced the availability of the EMFAC2017 model 
for use in state implementation plan development and transportation 
conformity in California on August 15, 2019. The EPA's approval of 
the EMFAC2017 emissions model for SIP and conformity purposes was 
effective on the date of publication of the notice in the Federal 
Register. On November 15, 2022, the EPA approved and announced the 
availability of EMFAC2021, the latest update to the EMFAC model for 
use by State and local governments to meet CAA requirements (87 FR 
68483).
    \46\ AP-42 has been published since 1972 as the primary source 
of the EPA's emissions factor information and is available at 
https://www.epa.gov/air-emissions-factors-and-quantification/ap-42-compilation-air-emissions-factors. It contains emissions factors and 
process information for more than 200 air pollution source 
categories. A source category is a specific industry sector or group 
of similar emitting sources. The emissions factors have been 
developed and compiled from source test data, material balance 
studies, and engineering estimates. The EPA released an update to 
AP-42 in January 2011 that revised the equation for estimating paved 
road dust emissions based on an updated data regression that 
included new emissions tests results. 76 FR 6328 (February 4, 2011). 
CARB used the revised 2011 AP-42 methodology in developing on-road 
mobile source emissions; see https://ww3.arb.ca.gov/ei/areasrc/fullpdf/2021_paved_roads_summary_7_9.pdf, p.2.
---------------------------------------------------------------------------

2. Procedural Requirements for SIPs and SIP Revisions
    CAA sections 110(a)(1) and (2) and 110(l) require each state to 
provide reasonable public notice and opportunity for public hearing 
prior to the adoption and submission of a SIP or SIP revision to the 
EPA. To meet this requirement, every SIP submission should include 
evidence that the State provided adequate public notice and an 
opportunity for a public hearing consistent with the EPA's implementing 
regulations in 40 CFR 51.102.
    The District provided a public comment period and held a public 
hearing prior to the adoption of the South Coast PM2.5 Plan 
on October 7, 2020.\47\ The SIP submission includes proof of 
publication of notices for the District's public hearing. Therefore, we 
find that the South Coast PM2.5 Plan meets the procedural 
requirements for public notice and hearing in CAA sections 110(a) and 
110(l).
---------------------------------------------------------------------------

    \47\ ``Transcript of Proceedings, October 07, 2020, Regional 
Public Hearing for the Proposed Attainment Plan for the 2006 24-Hour 
PM2.5 Standard for the South Coast Air Basin,'' and South 
Coast Air Quality Management District Governing Board Resolution 20-
21, dated December 4, 2020.
---------------------------------------------------------------------------

    CAA section 110(k)(1)(B) requires the EPA to determine whether a 
SIP submittal is complete within 60 days of receipt. This section of 
the CAA also provides that any plan that the EPA has not affirmatively 
determined to be complete or incomplete will become complete by 
operation of law six months after the date of submittal. The EPA's SIP 
completeness criteria are found in 40 CFR part 51, appendix V. On June 
29, 2021, the South Coast PM2.5 Plan was deemed complete by 
operation of law under CAA section 110(k)(1)(B).

B. Base Year Emissions Inventory in the Plan

    The annual average planning emissions inventories for direct 
PM2.5 and all PM2.5 precursors (NOX, 
SOX, VOC, and ammonia) for the South Coast PM2.5 
nonattainment area, together with documentation for the inventories, 
are included in Chapter 3 (``Base-Year and Future Emissions'') of the 
Plan. More detailed emissions inventories for the South Coast 
PM2.5 nonattainment area are included in appendix I 
(``Emissions Inventory'') of the Plan.
    Each emissions inventory is divided into two source 
classifications: Stationary sources (i.e., point sources and area 
sources) and mobile sources (i.e., on-road and off-road sources). Point 
sources in the South Coast Air Basin that emit four tons per year (tpy) 
or more of PM, NOX, SOX, or VOC report annual 
emissions to the District. Point source emissions for the 2018 base 
year emissions inventory are generally based on reported data from 
facilities using the District's Annual Emissions Reporting program.\48\ 
Area sources include small emissions sources distributed across the 
nonattainment area. CARB and the District estimate emissions for about 
400 area source categories using established inventory methods, 
including publicly available emissions factors and activity 
information. Activity data may come from national survey data such as 
from the Energy Information Administration or from local sources such 
as the Southern California Gas Company, paint suppliers, and District 
databases. Emissions factors can be based on a number of sources 
including source tests, compliance reports, and the EPA's AP-42.
---------------------------------------------------------------------------

    \48\ Information about the SCAQMD's Annual Emissions Reporting 
program is available at http://www.aqmd.gov/home/rules-compliance/compliance/annual-emission-reporting.
---------------------------------------------------------------------------

    On-road emissions inventories are calculated using CARB's EMFAC2017 
model and the travel activity data provided by the Southern California 
Association of Governments (SCAG) in ``The 2016-2040 Regional 
Transportation Plan/Sustainable Communities Strategy.'' \49\ CARB used 
the Spatial and Temporal Allocator tool to distribute emissions 
spatially and temporally.\50\
---------------------------------------------------------------------------

    \49\ SCAG, ``The 2016-2040 Regional Transportation Plan/
Sustainable Communities Strategy: A Plan for Mobility, 
Accessibility, Sustainability and a High Quality of Life.'' 
Available at https://scag.ca.gov/2016-rtpscs.
    \50\ https://github.com/mmb-carb/ESTA.

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

[[Page 92879]]

    CARB provided emissions inventories for off-road equipment, which 
includes construction and mining equipment, industrial and commercial 
equipment, lawn and garden equipment, locomotives, aircraft, tractors, 
harbor craft, off-road recreational vehicles, construction equipment, 
forklifts, cargo handling equipment, and various other mobile equipment 
types. CARB uses several models to estimate emissions for more than one 
hundred off-road equipment categories.\51\
---------------------------------------------------------------------------

    \51\ South Coast PM2.5 Plan, p. 3-4.
---------------------------------------------------------------------------

    Finally, the South Coast PM2.5 Plan provides separate 
estimates of filterable and condensable PM2.5 emissions, 
expressed as annual average PM2.5 emissions, for all of the 
identified source categories for the 2018 base year, as well as 
subsequent relevant years.\52\
---------------------------------------------------------------------------

    \52\ Id. at appendix I, tables C1 through C4.
---------------------------------------------------------------------------

    Table 2 provides a summary of the annual average inventories in 
tons per day (tpd) of direct PM2.5 and PM2.5 
precursors for the 2018 base year. For a detailed breakdown of the 
inventories, see Chapter 3 and appendix I of the South Coast 
PM2.5 Plan.

   Table 2--Summary of Emissions by Major Source Category in the South Coast Air Basin: 2018 Base Year Average
                                                   Annual Day
                                                    [tpd] \a\
----------------------------------------------------------------------------------------------------------------
                                            Direct PM2.5
             Source category                                   NOX          SOX          VOC          Ammonia
----------------------------------------------------------------------------------------------------------------
Stationary Sources.......................            44.8         57.7          8.2        206.8            58.6
On-Road Mobile...........................            11.4        177.9          1.7         81.6            14.2
Off-Road Mobile..........................             6.3        134.9          4.1         80.8             0.2
                                          ----------------------------------------------------------------------
    Total................................            62.4        370.5         14.0        369.2            72.9
----------------------------------------------------------------------------------------------------------------
\a\ Values may not sum due to rounding.
Source: South Coast PM2.5 Plan, Chapter 3, Table 3-1.

C. The EPA's Evaluation

    The inventories in the South Coast PM2.5 Plan are based 
on the most current and accurate information available to the State and 
District at the time the Plan and its inventories were being developed, 
including the latest EPA-approved version of California's mobile source 
emissions model that was available to the State and District at the 
time they were developing the Plan, EMFAC2017. The inventories 
comprehensively address all source categories in the South Coast 
PM2.5 nonattainment area and were developed consistent with 
the EPA's regulations and inventory guidance. In accordance with 40 CFR 
51.1008(c)(1), the 2018 base year is one of the three years for which 
monitored data were used to determine that the area failed to attain 
the 2006 24-hour PM2.5 NAAQS by the applicable Serious area 
attainment date, and it represents actual annual average emissions of 
all sources within the nonattainment area. Direct PM2.5 and 
all PM2.5 precursors are included in the inventories, and 
filterable and condensable direct PM2.5 emissions are 
identified separately. For these reasons, we are proposing to approve 
the 2018 base year emissions inventory in the South Coast 
PM2.5 Plan as meeting the requirements of CAA section 
172(c)(3) and 40 CFR 51.1008(c)(1).

IV. Environmental Justice Considerations

    To identify environmental burdens and susceptible populations in 
underserved communities in the South Coast PM2.5 
nonattainment area and to better understand the context of the proposed 
CDD and approval of the base year emissions inventory on these 
communities, we conducted a screening-level analysis using the EPA's 
environmental justice (EJ) screening and mapping tool 
(``EJSCREEN'').\53\ \54\ The results of this analysis are being 
provided for informational and transparency purposes.
---------------------------------------------------------------------------

    \53\ EJSCREEN provides a nationally consistent dataset and 
approach for combining environmental burden and socioeconomic 
indicators. EJSCREEN is available at https://www.epa.gov/ejscreen/what-ejscreen. The EPA used EJSCREEN to obtain environmental burden 
and socioeconomic indicators representing the South Coast 
PM2.5 nonattainment area. These indicators are included 
in EJSCREEN reports that are available in the rulemaking docket for 
this action.
    \54\ EPA Region IX, ``EJSCREEN (version 2.3) Analysis for the 
Four Counties of the South Coast Nonattainment Area,'' September 
2024.
---------------------------------------------------------------------------

    Our screening-level analysis indicates that communities affected by 
this action rank above the national average for the EJSCREEN 
``Demographic Index,'' which is the average of an area's percent low 
income and percent people of color populations, i.e., the two 
demographic indicators explicitly named in Executive Order 12898 on 
EJ.\55\ These communities also rank above the national average for the 
``Limited English Speaking Households,'' and ``Less Than High School 
Education'' indicators. Although the area is attaining the 
PM2.5 NAAQS, because almost all areas across the U.S. are 
also attaining the NAAQS (some by a wider margin), communities within 
the South Coast PM2.5 nonattainment area rank above the 
national average for the ``Particulate Matter 2.5 ([micro]g/m\3\)'' 
environmental burden indicator. These communities also score above the 
national average for other environmental burden indicators, including 
the ``Ozone (ppb),'' ``Nitrogen Dioxide (NO2) (ppbv),'' and 
``Traffic Proximity (daily traffic count/distance to road)'' 
indicators.
---------------------------------------------------------------------------

    \55\ EJSCREEN reports environmental burden indicators (e.g., 
toxic releases to air, lead paint exposure, and traffic proximity 
and volume) and socioeconomic indicators (e.g., people of color, low 
income, and limited English-speaking household). The value of a 
particular indicator measures how the community of interest compares 
with the state or national average. For example, if a given location 
is at the 95th percentile nationwide, this means that only five 
percent of the US population has a higher value than the average 
person in the location being analyzed. EJSCREEN also reports EJ 
indexes, which are combinations of a single environmental burden 
indicator with the EJSCREEN Demographic Index. For additional 
information about environmental burden indicators, demographic 
indexes, and EJ indexes reported by EJSCREEN, see EPA, ``EJScreen 
Environmental Justice Mapping and Screening Tool, EJScreen Technical 
Documentation for Version 2.3,'' July 2024, Section 3.
---------------------------------------------------------------------------

    As discussed in the EPA's EJ technical guidance, people of color 
and low-income populations, such as those in the South Coast Air Basin, 
often experience greater exposure and disease burdens than the general 
population, which can increase their susceptibility to adverse health 
effects from environmental stressors.\56\ Underserved communities may 
have a compromised ability to cope with or recover from such exposures 
due to a range of physical, chemical, biological, social, and cultural 
factors.\57\
---------------------------------------------------------------------------

    \56\ EPA, ``Technical Guidance for Assessing Environmental 
Justice in Regulatory Analysis,'' June 2016, Section 4.1.
    \57\ Id.

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

[[Page 92880]]

    Notwithstanding the EJ concerns highlighted by the results of the 
EJSCREEN analysis, because monitoring data indicate the area has 
attained the 2006 24-hour PM2.5 NAAQS, we expect that this 
action will generally have neutral environmental and health impacts on 
all populations in the South Coast Air Basin, including communities 
with EJ concerns. At a minimum, this action would not worsen existing 
air quality and there is no information in the record indicating that 
this action is expected to have disproportionately high or adverse 
human health or environmental effects on a particular group of people. 
Our final action on the base year emissions inventory will fulfill our 
statutory obligation to act on a portion of a SIP submittal under 
section 110(k)(3).
    If we finalize our proposed CDD, requirements related to achieving 
attainment of the 2006 24-hour PM2.5 NAAQS will be 
suspended. Because the area has attained the standard, such 
requirements are not necessary for timely attainment of the NAAQS. 
However, if prior to a potential future redesignation to attainment we 
determine the South Coast PM2.5 nonattainment area 
subsequently violates the NAAQS, we will rescind the CDD and any 
unfulfilled attainment planning requirements will apply once again to 
the area.\58\ Furthermore, notwithstanding the suspension of certain 
attainment-related requirements, all requirements adopted into the SIP 
prior to attainment will remain in place.\59\
---------------------------------------------------------------------------

    \58\ 81 FR 58010, 58128.
    \59\ Id.
---------------------------------------------------------------------------

    The EPA notes that there are other efforts underway to reduce 
environmental burdens in the South Coast Air Basin. The South Coast Air 
Basin is designated nonattainment for the 2012 annual PM2.5 
NAAQS and on June 27, 2024, CARB adopted a revised attainment plan 
which includes, among other things, the State's control strategy to 
achieve reductions in direct PM2.5 and PM2.5 
precursors to bring the area into attainment of those NAAQS.\60\ 
Additionally, on July 22, 2024, the EPA announced the selection of the 
SCAQMD to receive a Climate Pollution Reduction Grant of approximately 
$500 million to implement community-driven solutions to address the 
climate crisis, reduce air pollution, advance environmental justice, 
and accelerate America's clean energy transition.\61\ Furthermore, on 
October 29, 2024, the U.S. EPA announced the selection of the Los 
Angeles Harbor Department to receive a Clean Ports Program--Zero-
Emission Technology Deployment Grant of approximately $400 million to 
fund zero-emission port equipment and infrastructure to reduce mobile 
source emissions.\62\ These efforts are expected to result in further 
reductions in direct PM2.5 and PM2.5 precursor 
emissions and to relieve some of the cumulative burden on disadvantaged 
communities in the South Coast PM2.5 nonattainment area.
---------------------------------------------------------------------------

    \60\ CARB, ``South Coast Air Basin Attainment Plan for the 2012 
Annual PM2.5 Standard, Resolution 24-7,'' June 27, 2024.
    \61\ https://www.epa.gov/newsreleases/biden-harris-administration-announces-nearly-500-million-effort-cut-transportation-and.
    \62\ https://www.epa.gov/newsreleases/biden-harris-administration-announces-selections-nearly-3-billion-investments-clean.
---------------------------------------------------------------------------

V. The EPA's Proposed Action

    The EPA is proposing to determine, based on the most recent three 
years (2021-2023) of complete (or otherwise validated), quality-
assured, and certified data meeting the requirements of 40 CFR part 50, 
appendix N, that the South Coast PM2.5 nonattainment area 
has attained the 2006 24-hour PM2.5 NAAQS.
    In conjunction with and based on our proposed determination that 
the South Coast area has attained and is currently attaining the 2006 
24-hour PM2.5 NAAQS, in accordance with 40 CFR 51.1015, the 
EPA is proposing to issue a CDD for the South Coast PM2.5 
nonattainment area for the 2006 24-hour PM2.5 NAAQS. 
Accordingly, the EPA is proposing to determine that the obligation to 
submit any remaining attainment-related SIP revisions arising from the 
EPA's September 16, 2020 finding that the area failed to attain the 
2006 24-hour PM2.5 NAAQS by the Serious area attainment date 
is not applicable for so long as the area continues to attain those 
NAAQS. If the EPA finalizes this proposal, the requirements for this 
area to submit an attainment demonstration, RFP plan, quantitative 
milestones and quantitative milestone reports, contingency measures, 
and any other SIP revisions related to the attainment of the 2006 24-
hour PM2.5 NAAQS will be suspended so long as this area 
continues to meet the standard. We note that as discussed in section 
I.B of this document, on December 29, 2020, California submitted a SIP 
revision to address these requirements. The EPA intends to evaluate and 
act on the remaining SIP elements in this submission through subsequent 
rulemakings, as appropriate.
    This CDD does not constitute a redesignation to attainment. The 
South Coast PM2.5 nonattainment area will remain designated 
nonattainment for the 2006 24-hour PM2.5 NAAQS until such 
time as the EPA determines, pursuant to sections 107 and 175A of the 
CAA, that the South Coast PM2.5 nonattainment area meets the 
CAA requirements for redesignation to attainment, including an approved 
maintenance plan showing that the area will continue to meet the 
standard for 10 years.
    We are also proposing to approve the South Coast PM2.5 
Plan's 2018 base year emissions inventory as meeting the requirements 
of CAA section 172(c)(3) and 40 CFR 51.1008(c)(1). As authorized in 
section 110(k)(3) of the Act, the EPA is proposing to approve the 
submitted base year emissions inventory because we believe it fulfills 
all relevant requirements.
    The EPA is soliciting public comments on the issues discussed in 
this document. We will accept comments from the public on this proposal 
for the next 30 days. We will consider these comments before taking 
final action.

VI. Statutory and Executive Order Reviews

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

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

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review. This action proposes to issue a CDD for the South Coast 
PM2.5 nonattainment area and to approve a portion of a state 
submission as meeting federal requirements and imposes no new 
requirements.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action proposes to determine that the South Coast 
PM2.5 nonattainment area is attaining the 2006 24-hour 
PM2.5 NAAQS and to approve the base year emissions inventory 
in the South Coast PM2.5 Plan. Thus, this proposed action 
does not impose additional requirements beyond those imposed by state 
law.

[[Page 92881]]

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 beyond those 
imposed by state law. The proposed CDD and approval of the base year 
emissions inventory does not create any new requirements and does not 
directly regulate any entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
state, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. Pursuant 
to the CAA, this action proposes a CDD and to approve a base year 
emissions inventory.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175, because the SIP is not approved to apply on any 
Indian reservation land or in any other area where the EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction, and it will not 
impose substantial direct costs on tribal governments or preempt tribal 
law. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. Therefore, this action is not 
subject to Executive Order 13045 because it merely proposes a CDD and 
to approve a base year emissions inventory as meeting federal 
requirements. Furthermore, the EPA's Policy on Children's Health does 
not apply to this action.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or otherwise impractical. The EPA 
believes that this action is not subject to the requirements of section 
12(d) of the NTTAA because application of those requirements would be 
inconsistent with the CAA.

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

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with EJ concerns to the 
greatest extent practicable and permitted by law. Executive Order 14096 
(Revitalizing Our Nation's Commitment to Environmental Justice for All, 
88 FR 25251, April 26, 2023) builds on and supplements E.O. 12898 and 
defines EJ as, among other things, ``the just treatment and meaningful 
involvement of all people, regardless of income, race, color, national 
origin, or Tribal affiliation, or disability in agency decision-making 
and other Federal activities that affect human health and the 
environment.''
    For the SIP portion of this action, under the CAA, the 
Administrator is required to approve a SIP submission that complies 
with the provisions of the Act and applicable federal regulations. 42 
U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 
the EPA's role is to review state choices and approve those choices if 
they meet the minimum criteria of the Act. Accordingly, this proposed 
CDD and approval of a base year emissions inventory does not impose any 
additional regulatory requirements on sources beyond those imposed by 
state law. The State did not evaluate EJ considerations as part of its 
attainment plan for the 2006 24-hour PM2.5 NAAQS; the CAA 
and applicable implementing regulations neither prohibit nor require 
such an evaluation. Consistent with the EPA's discretion under the CAA, 
the EPA has evaluated the EJ considerations of this action, as is 
described in the section of this document titled, ``Environmental 
Justice Considerations.'' The analysis was included in this document 
for the purpose of providing additional context and information about 
this rulemaking to the public, not as a basis of the proposed action. 
Due to the nature of the action being proposed here, this action is 
expected to have a neutral impact on the air quality of the affected 
area. In addition, there is no information in the record upon which 
this decision is based inconsistent with the stated goal of E.O. 12898/
14096 of achieving EJ for communities with EJ concerns.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ammonia, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxides, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: November 18, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2024-27517 Filed 11-22-24; 8:45 am]
BILLING CODE 6560-50-P
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