Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Proposed Rules 92873 

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 mg/m3, 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 mg/m3 (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 mg/m3 (89 FR 

16202, March 6, 2024). 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AWP D Torrance, CA [Amended] 

Zamperini Field, CA 

(Lat. 33°48′12′′ N, long. 118°20′23′′ W) 

That airspace extending upward from the 

surface up to and including 2,400 feet MSL 

within a 3-mile radius between the airport’s 

003° bearing clockwise to the 086° bearing, 

and within 1.9 miles northeast and 2.1 miles 

southwest of the airport’s 124° bearing 

extending 4.2 miles southeast, and within 2.1 

miles southwest and 2.2 miles northeast of 

the airport’s 304° bearing extending 4.5 miles 

northwest, and within 4 miles northwest of 

the airport’s 025° bearing extending 2.8 miles 

northeast. This Class D airspace area is 

effective during the specific dates and times 

established in advance by a Notice to Air 

Missions. The effective date and time will 

thereafter be continuously published in the 

Chart Supplement. 

* * * * * 

Issued in Des Moines, Washington, on 

November 15, 2024. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2024–27378 Filed 11–22–24; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: graham.ashleyr@epa.gov. 

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 mg/ 

m3 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 mg/m3.3 Since then, the 

EPA has also revised the level of the 

primary annual PM2.5 NAAQS, which is 

currently set at 9.0 mg/m3.4

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 


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5EPA, Air Quality Criteria for Particulate Matter, 

No. EPA/600/P–99/002aF and EPA/600/P–99/ 

002bF, October 2004. 

6For example, see 72 FR 20586, 20589 (April 25, 

2007). 

7 74 FR 58688 (November 13, 2009). 

8 79 FR 31566. 

9 81 FR 1514. 

10 Id. 

11Letter dated April 27, 2017, from Richard 

Corey, Executive Officer, CARB, to Alexis Strauss, 

Acting Regional Administrator, EPA Region IX. 

12 84 FR 3305. 

13 85 FR 57733 (September 16, 2020). 

14 Id. at 57735. 

15Letter 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). 

16CARB Executive Order S–20–33, ‘‘South Coast 

PM2.5 SIP Revision Submittal.’’ 

17 Id. 

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

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

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 highestvolume 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

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

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

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. 

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 


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18CAA section 189(d), 40 CFR 51.1004(a)(3), and 

40 CFR 51.1010(c). 

19 81 FR 58010, 58098 (August 24, 2016). 

20 40 CFR 51.1003(c)(1). 

21 81 FR 58010. 

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. 

25See 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. 

26 40 CFR part 58, appendix D, section 4.7.2. 

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

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

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. 

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

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 mg/m3 at each eligible monitoring site 

within the area. 

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 


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27 40 CFR 58.10(a)(1). 

28We have included copies of SCAQMD’s annual 

network plans for 2021–2023 in the docket for this 

rulemaking. 

29We have included copies of the Pechanga 

Band’s annual network plans for 2021–2023 in the 

docket for this rulemaking. 

30There 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. 

31We have included SCAQMD’s annual data 

certifications for 2021, 2022, and 2023 in the docket 

for this rulemaking. 

32We have included the Pechanga Band’s annual 

data certifications for 2021 and 2022 in the docket 

for this rulemaking. 

33Letter 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. 

34Letter 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. 

35See 40 CFR part 50, appendix N, section 4.2(b). 

36Letter 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.’’ 

37Letter 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.’’ 

combination of monitors at each 

required SLAMS. 

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. 

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. 

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. 

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. 

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

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. 

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 


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38EPA, AQS Design Value Report (AMP480), 

Report Request ID: 2228533, October 1, 2024. 39 40 CFR 51.1015(b). 

the 2006 24-hour PM2.5 NAAQS of 35 

mg/m3. 

TABLE 1—2021–2023 24-HOUR PM2.5 DESIGN VALUES FOR THE SOUTH COAST PM2.5 NONATTAINMENT AREA

General location Site 

(AQS ID) 

Annual 98th percentile 

(μg/m3) 

2021–2023 

24-hour 

design value 

(μg/m3 2021 2022 2023 ) 

Los Angeles County 

East San Gabriel Valley ............... Azusa (06–037–0002) ................. 36.1 .................. 17.8 (Inc) ....... No Data (Inc) .... 27 (Inv). 

Central Los Angeles ..................... Los Angeles (Main Street) (06– 

037–1103).

45.2 .................. 21.9 ................ 23.4 .................. 30. 

West San Fernando Valley .......... Reseda (06–037–1201) ............... 36.1 .................. 19.5 ................ 19.2 .................. 25. 

South Central Los Angeles County.Compton (06–037–1302) ............. 42.5 .................. 32.6 ................ 28.1 .................. 34. 

South San Gabriel Valley ............. Pico Rivera #2 (06–037–1602) .... 47.9 .................. 25.6 ................ 27.8 .................. 34. 

West San Gabriel Valley .............. Pasadena (06–037–2005) ........... 29.9 .................. 19.0 ................ 17.7 .................. 22. 

South Coastal Los Angeles County.Long Beach (North) (06–037– 

4002).

31.2 .................. 18.0 (Inc) ....... No Data (Inc) .... 25 (Inv). 

South Coastal Los Angeles County.South Long Beach (06–037– 

4004).

32.8 .................. 23.1 (Inc) ....... No Data (Inc) .... 28 (Inv). 

South Coastal Los Angeles County.Long Beach-Route 710 Near 

Road (06–037–4008).

34.8 .................. 25.5 ................ 25.4 .................. 29. 

South Coastal Los Angeles County.Signal Hill (Lbsh) (06–037–4009) No Data (Inc) .... 19.3 (Inc) ....... 22.3 .................. 21 (Inv). 

Orange County 

Central Orange County ................ Anaheim (06–059–0007) ............. 37.1 .................. 22.1 ................ 22.6 .................. 27. 

Saddleback Valley ........................ Mission Viejo (06–059–2022) ...... 24.9 .................. 16.9 (Inc) ....... No Data (Inc) .... 21 (Inv). 

Riverside County 

Temecula Valley ........................... Pechanga (06–065–0009) ........... 16.5 .................. 11.4 ................ 12.0 (Inc) .......... 13 (Inv). 

Metropolitan Riverside County ..... Rubidoux (06–065–8001) ............ 37.5 .................. 23.2 ................ 24.5 .................. 28. 

Mira Loma .................................... Mira Loma (Van Buren) (06–065– 

8005).

42.8 .................. 26.2 ................ 30.2 .................. 33. 

San Bernardino County 

Southwest San Bernardino Valley Ontario-Route 60 Near Road 

(06–071–0027).

49.4 .................. 26.4 ................ 26.4 .................. 34. 

Central San Bernardino Valley .... Fontana (06–071–2002) .............. 33.4 .................. 28.1 ................ 25.0 .................. 29. 

East San Bernardino Mountains .. Big Bear (06–071–8001) ............. 21.5 .................. 23.2 ................ 18.0 .................. 21. 

Central San Bernardino Valley .... San Bernardino (06–071–9004) .. 34.2 .................. 25.8 ................ 21.8 .................. 27. 

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, qualityassured, 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. 

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

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 


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92878 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Proposed Rules 

40 81 FR 58010, 58098–58099. 

41EPA, ‘‘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/airemissions-inventory-guidance-implementationozone-and-particulate. 

42The 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. 

44 40 CFR 51.1008(c)(1). 

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). 

46AP–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-andquantification/ap-42-compilation-air-emissionsfactors. 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. 

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. 

48 Information about the SCAQMD’s Annual 

Emissions Reporting program is available at http:// 

www.aqmd.gov/home/rules-compliance/ 

compliance/annual-emission-reporting. 

49SCAG, ‘‘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. 

50https://github.com/mmb-carb/ESTA. 

codified these requirements in 40 CFR 

51.1008.40 The EPA has also issued 

guidance concerning emissions 

inventories for PM2.5 nonattainment 

areas.41

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

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

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 onroad 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

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). 

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. 

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


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51South Coast PM2.5 Plan, p. 3–4. 

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

53EJSCREEN provides a nationally consistent 

dataset and approach for combining environmental 

burden and socioeconomic indicators. EJSCREEN is 

available at https://www.epa.gov/ejscreen/whatejscreen. 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. 

54EPA Region IX, ‘‘EJSCREEN (version 2.3) 

Analysis for the Four Counties of the South Coast 

Nonattainment Area,’’ September 2024. 55EJSCREEN 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. 

56EPA, ‘‘Technical Guidance for Assessing 

Environmental Justice in Regulatory Analysis,’’ 

June 2016, Section 4.1. 

57 Id. 

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

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

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

Source category Direct PM2.5 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 

aValues 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 EPAapproved 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. 

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 (mg/m3)’’ 

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. 

As discussed in the EPA’s EJ technical 

guidance, people of color and lowincome 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


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58 81 FR 58010, 58128. 

59 Id. 

60CARB, ‘‘South Coast Air Basin Attainment Plan 

for the 2012 Annual PM2.5 Standard, Resolution 24– 

7,’’ June 27, 2024. 

61https://www.epa.gov/newsreleases/bidenharris-administration-announces-nearly-500- 

million-effort-cut-transportation-and. 

62https://www.epa.gov/newsreleases/bidenharris-administration-announces-selections-nearly3-billion-investments-clean. 

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

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 communitydriven 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—ZeroEmission 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. 

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/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is 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. 


khammond on DSK9W7S144PROD with PROPOSALS
Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Proposed Rules 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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2024–0073; 

FXES1111090FEDR–256–FF09E21000] 

RIN 1018–BH47 

Endangered and Threatened Wildlife 

and Plants; Critical Habitat 

Designations for Florida Manatee and 

Antillean Manatee 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are extending 

the comment period on our September 

24, 2024, proposed rule to revise critical 

habitat for Florida manatee (Trichechus 

manatus latirostris) and to designate 

critical habitat for Antillean manatee (T. 

m. manatus) under the Endangered 

Species Act of 1973 (Act), as amended. 


khammond on DSK9W7S144PROD with PROPOSALS