48350 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 

1The South Coast includes Orange County, the 

southwestern two-thirds of Los Angeles County, 

southwestern San Bernardino County, and western 

Riverside County (see 40 CFR 81.305). 

2AQS is EPA’s repository for ambient air quality 

data. Data completeness requirements for a given 

year are met when at least 75 percent of the 

scheduled sampling days for each quarter have 

valid data. 

3The annual PM2.5 standard design value is the 

3-year average of annual mean concentration, and 

the 1997 annual PM2.5 NAAQS is met when the 

annual standard design value at each eligible 

monitoring site is less than or equal to 15.0 mg/m3. 

In 2012, we established a more stringent annual 

PM2.5 NAAQS of 12.0 mg/m3, 78 FR 3086 (January 

15, 2013) (‘‘2012 PM2.5 NAAQS’’), but the 1997 

annual PM2.5 NAAQS remains in effect. 

4The 24-hour PM2.5 standard design value is the 

3-year average of annual 98th percentile 24-hour 

average values recorded at each eligible monitoring 

site, and the 1997 24-hour PM2.5 NAAQS is met 

when the 24-hour standard design value at each 

monitoring site is less than or equal to 65 mg/m3. 

In 2006, we established a more stringent 24-hour 

PM2.5 NAAQS of 35 mg/m3, 71 FR 61144 (October 

17, 2006) (‘‘2006 PM2.5 NAAQS’’), but the 1997 24- 

hour PM2.5 NAAQS remains in effect. 

each House of the Congress and to the 

Comptroller General of the United 

States. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice-and-comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in Section II.B of this 

document, including the basis for that 

finding. 

IV. Statutory Authority 

The statutory authority for this action 

is provided by sections 110, 126 and 

307 of the CAA as amended (42 U.S.C. 

7410, 7426 and 7607). 

V. Judicial Review 

Under section 307(b)(1) of the CAA, 

judicial review of this final rule is 

available only by the filing of a petition 

for review in the U.S. Court of Appeals 

for the for the appropriate circuit by 

September 23, 2016. Under section 

307(b)(2) of the CAA, the requirements 

that are the subject of this final rule may 

not be challenged later in civil or 

criminal proceedings brought by us to 

enforce these requirements. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Electric utilities, Incorporation by 

reference, Intergovernmental relations, 

Sulfur dioxide. 

Dated: July 14, 2016. 

Gina McCarthy, 

Administrator. 

[FR Doc. 2016–17412 Filed 7–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0708; FRL–9949–47- 

Region 9] 

Clean Data Determination for 1997 

PM2.5 Standards; California—South 

Coast; Applicability of Clean Air Act 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

determine that the South Coast air 

quality planning area in California has 

attained the 1997 annual and 24-hour 

fine particle (PM2.5) National Ambient 

Air Quality Standards. This 

determination is based upon complete 

(or otherwise validated), quality-assured 

and certified ambient air monitoring 

data showing that the area has 

monitored attainment of the 1997 

annual and 24-hour PM2.5 NAAQS 

based on the 2011–2013 monitoring 

period, and that all complete data 

available since that time period indicate 

that the area continues to attain. Based 

on the above determination, the 

requirements for this area to submit 

certain state implementation plan (SIP) 

revisions related to attainment shall be 

suspended for so long as the area 

continues to attain the 1997 annual and 

24-hour PM2.5 standards. 

DATES: This rule is effective on August 

24, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2014–0708. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted materials, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http:// 

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, (415) 947–4192, or by 

email at tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

the EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Evaluation of 2014 and 2015 Data 

III. Public Comments and the EPA’s 

Responses 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On December 9, 2014 (79 FR 72999), 

the EPA proposed to determine that the 

Los Angeles-South Coast Air Basin 

(‘‘South Coast’’) nonattainment area had 

attained the 1997 annual and 24-hour 

national ambient air quality standards 

(NAAQS or ‘‘standards’’) for fine 

particles (generally referring to particles 

less than or equal to 2.5 micrometers in 

diameter, PM2.5)(‘‘1997 PM2.5

NAAQS’’).1 Herein, we refer to our 

December 9, 2014 proposed rule as the 

‘‘proposed rule.’’ 

In our proposed rule, we explained 

that in making an attainment 

determination, the EPA generally relies 

on complete, quality-assured and 

certified data gathered at State and 

Local Air Monitoring Stations (SLAMS) 

and entered into the EPA’s Air Quality 

System (AQS) database.2 Under 40 CFR 

50.7 (‘‘National primary and secondary 

ambient air quality standards for PM2.5’’) 

and appendix N to 40 CFR part 50 

(‘‘Interpretation of the National Ambient 

Air Quality Standards for PM2.5’’), the 

1997 annual and 24-hour PM2.5 NAAQS 

is met when each monitoring site in the 

area has a design value at or below the 

standard.3 4

The EPA proposed the determination 

of attainment for the South Coast area 

based upon a review of the monitoring 

network operated by the South Coast 

Air Quality Management District 

(SCAQMD) and the data collected at the 

monitoring sites operating during the 

most recent three-year period from 

which data was available at the time of 

the proposed rule (i.e., 2011 to 2013). 

Based on this review, the EPA found 

that complete (or otherwise validated), 

quality-assured and certified data for the 

South Coast showed that the annual and 

24-hour design values for the 2011–2013 

period were equal to or less than 15 

micrograms per cubic meter (m/m3) and 

65 m/m3, respectively, at all monitoring 

sites and that, therefore, the South Coast 

had attained the 1997 PM2.5 NAAQS. 

See the data summary tables on pages 

73003 and 73004 of our proposed rule. 

In conjunction with and based upon 

our proposed determination that the 

South Coast had attained the standard, 


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5See SCAQMD, Annual Air Quality Monitoring 

Network Plan, July 2015, pages 16 and 17. 

SCAQMD submitted the 2015 network plan to the 

EPA on July 1, 2015. See letter from Rene M. 

Bermudez, Principal Air Quality Instrument 

Specialist, SCAQMD, to Meredith Kurpius, Ph.D., 

EPA Region IX, July 1, 2015. 

6 Id., at appendix D, pages 1 and 2. 

7See letter and enclosures from Gretchen 

Busterud, Acting Deputy Director, Air Division, 

EPA Region IX, to Matt Miyasato, Deputy Executive 

Officer, Science and Technology Advancement, 

SCAQMD, dated October 29, 2015. 

8 40 CFR 58.11(e). 

9See letter from Meredith Kurpius, Manager, Air 

Quality Analysis Office, Air Division, EPA Region 

IX, to Jason Low, Ph.D., South Coast Air Quality 

Management District, dated May 2, 2016. 

10 40 CFR part 50, appendix N, section 3.0(d). 

the EPA also proposed to determine that 

the obligation under the Clean Air Act 

(CAA or ‘‘Act’’) to submit any remaining 

attainment-related SIP revisions arising 

from classification of the South Coast as 

a Moderate nonattainment area under 

subpart 4 of part D (of title I of the Act) 

for the 1997 PM2.5 NAAQS was not 

applicable for so long as the area 

continues to attain the 1997 PM2.5

NAAQS. These attainment-related 

requirements include, but are not 

limited to, the part D, subpart 4 

obligations to provide an attainment 

demonstration pursuant to section 

189(a)(1)(B), the reasonably available 

control measures (RACM) provisions of 

section 189(a)(1)(C) and the reasonable 

further progress (RFP) provisions of 

section 189(c). In so doing, we proposed 

to apply the EPA’s Clean Data Policy to 

the 1997 PM2.5 NAAQS to suspend the 

attainment-related SIP submittal 

obligations under subpart 4 of part D (of 

title I of the CAA), since the South Coast 

nonattainment area is considered a 

‘‘Moderate’’ nonattainment area under 

subpart 4. See page 73005 of our 

proposed rule. In proposing to apply the 

Clean Data Policy to the 1997 PM2.5

NAAQS, we explained that we are 

applying the same statutory 

interpretation with respect to the 

implications of clean data 

determinations that the Agency has long 

applied in regulations for the 1997 8- 

hour ozone and PM2.5 NAAQS and in 

individual rulemakings for the 1-hour 

ozone, coarse particle (PM10) and lead 

NAAQS. 

Please see the proposed rule for more 

detailed information concerning the 

PM2.5 NAAQS, designations of PM2.5

nonattainment areas, the regulatory 

basis for determining attainment of the 

NAAQS, the SCAQMD’s PM2.5

monitoring network, the EPA’s review 

and evaluation of the data and the 

rationale and implications for 

application of the Clean Data Policy to 

the 1997 PM2.5 NAAQS. 

II. Evaluation of 2014 and 2015 Data 

We noted in our proposed rule that, 

at that time, AQS included no PM2.5

data for year 2014 for the South Coast, 

but that several quarters of preliminary 

data were expected to be uploaded to 

AQS prior to the EPA’s final action. See 

page 73003 of the proposed rule. We 

also indicated that we would review the 

preliminary 2014 data prior to taking 

final action to ensure that 2014 data are 

consistent with the determination of 

attainment. In the paragraphs that 

follow, before we discuss the data for 

2014 and 2015, we discuss changes to 

the SCAQMD PM2.5 ambient monitoring 

network and the EPA’s determination 

regarding eligibility of data from certain 

collocated monitors for comparison to 

the NAAQS. 

At the time of our proposed rule, the 

PM2.5 monitoring network in the South 

Coast consisted of 18 SLAMS. 

Monitoring networks frequently change 

over time in response to changing 

circumstances, requirements and needs. 

Since our proposed rule, the SCAQMD 

has discontinued monitoring at three 

sites (Burbank, Riverside (Magnolia) and 

Ontario (Fire Station)) and has 

established near-road PM2.5 monitoring 

sites along Route 710 in Long Beach and 

along Route 60 in Ontario.5 During at 

least portions of 2014 and 2015, 

SCAQMD operated collocated filterbased Federal Reference Method (FRM) 

and Federal Equivalent Method (FEM) 

Beta Attenuation Method (BAM) 

samplers at seven sites: Anaheim, 

Burbank, Central Los Angeles, North 

Long Beach, South Long Beach, 

Rubidoux and Mira Loma. 

With respect to the discontinued sites, 

SCAQMD has requested approval from 

the EPA to suspend monitoring at the 

Burbank and Riverside (Magnolia) sites 

until suitable replacement sites can be 

located.6 SCAQMD is not planning to 

replace the Ontario (Fire Station) site 

but rather to consolidate measurements 

from that site with nearby sites and thus 

has requested approval from the EPA to 

discontinue, rather than suspend, 

monitoring at the Ontario (Fire Station) 

site. The EPA has not taken action on 

the requests due to insufficient 

information, but is working with the 

SCAQMD to provide the basis to resolve 

the requests by including sufficient 

information in SCAQMD’s upcoming 

2016 Annual Air Quality Monitoring 

Network Plan (due for submittal to the 

EPA in July 2016). None of the three 

discontinued sites (Burbank, Riverside 

(Magnolia) and Ontario (Fire Station)) 

was ever the design value site in the 

South Coast for PM2.5, and given that the 

determination of attainment is based on 

the concentrations measured at the 

design value site, the fact that the EPA 

has not yet approved the relocation or 

closure of the three monitoring sites 

does not preclude taking final action on 

the attainment determination. 

With respect to the two newlyestablished near-road PM2.5 monitoring 

sites, the EPA has approved the sites 

and has determined that, with the 

addition of the near-road sites, the 

SCAQMD network of PM2.5 monitoring 

sites continues to meet the minimum 

requirements of our monitoring 

regulations even in the absence of the 

three discontinued sites.7

With respect to the eligibility of data 

from collocated monitors for 

comparison with the NAAQS, our 

regulations provide that monitoring 

agencies must assess data from PM2.5

FEM monitors using certain 

performance criteria where the data are 

identified as not of sufficient 

comparability to a collocated FRM, and 

the monitoring agency requests that the 

FEM data should not be used for 

comparison to the NAAQS.8 As 

described on page 73003 of the 

proposed rule, the SCAQMD requested 

that the 2011–2013 data from the 

collocated PM2.5 FEM monitors at seven 

monitoring sites in the PM2.5 monitoring 

network be considered not eligible for 

comparison to the NAAQS as part of its 

2014 Annual Air Quality Monitoring 

Network Plan. The EPA approved the 

request by letter dated September 9, 

2014. Similarly, as part of the 2015 

Annual Air Quality Monitoring Network 

Plan, the SCAQMD submitted an 

ineligibility determination request for 

data from collocated FEM monitors over 

the 2012–2014 period, and on May 2, 

2016, the EPA approved that request.9

Both determinations were made based 

on assessments of the data showing that 

bias in the FEM data (relative to 

collocated FRM data) exceeded EPA’s 

performance criteria for acceptable 

slope and intercept as defined in 40 CFR 

58.11(e). 

In the South Coast, SCAQMD has 

designated the PM2.5 FRM samplers as 

the primary monitors where FRM and 

FEM monitors are collocated at a given 

site. Under our regulations, comparisons 

with the PM2.5 NAAQS are made on a 

site-level, not a monitor-level basis, and 

the default dataset for a site is based on 

the designated primary monitor’s 

recorded concentrations.10 Collocated 

monitors may be used to augment the 

default dataset to fill in data gaps; 

however, collocated monitor data are 

ineligible for this purpose if the EPA has 

approved a request from a district to 

approve a determination that such data 


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11For the letter of certification of 2014 data, see 

the letter from Matt M. Miyasato, Ph.D., Deputy 

Executive Officer, Science and Technology 

Advancement, SCAQMD, to Jared Blumenfeld, 

Regional Administrator, EPA Region IX, dated May 

1, 2015. For the letter of certification of 2015 data, 

see the letter from Laki Tisopulos, Ph.D., P.E., 

Assistant Deputy Executive Officer, Science and 

Technology Advancement, SCAQMD, to Deborah 

Jordan, Air Division Director, EPA Region IX, April 

29, 2016. 

12See 2014 Raw Data Report (AMP 350, April 14, 

2016, SouthCoast_PM2.5_RawDataReport_2014.pdf). 

13See EPA’s Quality Assurance Handbook for Air 

Pollution Measurement Systems, Volume II, May, 

2013 (EPA–454/B–13–003). 

14On May 5, 2016, SCAQMD replaced the data 

code ‘‘1’’ with the null data code ‘‘AR’’ (lab error) 

for post-sample hold time requirement 

noncompliant data and therefore removed the data 

from the regulatory data record. See 2014 Raw Data 

Report (AMP 350), May 5, 2016. SouthCoast_PM2.5_

RawDataReport_PostSample_Removed.pdf. 

15The data from all quarters of 2015 from all of 

the monitoring sites are complete (i.e., 75 percent 

or greater sampling days with valid data) except for: 

(1) Quarter one at the Long Beach—Route 710 nearroad monitor (AQS ID #06–037–4008) during which 

74 percent of sampling days have valid data; and 

(2) quarter four at the Anaheim monitor (AQS ID 

# 06–059–0007) during which 43 percent of 

sampling days have valid data. The Long Beach— 

Route 710 near-road monitor began operating in 

2015. The Anaheim monitor has been operating for 

many years but has never been the design value site 

within the South Coast. 

are ineligible for NAAQS comparison 

purposes. In this instance, the EPA has 

approved such ineligibility requests for 

collocated PM2.5 FEM monitoring data 

for both the 2011–2013 and 2012–2014 

periods. 

With respect to the data, all four 

quarters for 2014 and 2015 have now 

been uploaded, and the SCAQMD has 

certified that 2014 and 2015 data are 

quality-assured.11 As part of the 2014 

and 2015 data review process, we 

reviewed raw data reports for SCAQMD 

monitoring sites. With respect to 2014 

data, we noted that significant portions 

of the 2014 data had been flagged with 

a number of Quality Assurance (QA) 

qualifier flags. Specifically, portions of 

the 2014 data in quarters one, two, three 

and four were flagged with ‘‘QX’’ (does 

not meet QC criteria) and portions of 

data in quarter four were flagged with 

‘‘1’’ (deviation from a CFR/critical 

criteria requirement).12 An in-depth 

review of the data revealed that the ‘‘1’’ 

and ‘‘QX’’ flags were associated with 

deviations from the criteria in 40 CFR 

part 50 appendix L, sections 8.3.6 and 

8.3.5, respectively. Some of the QA 

issues during 2014 stem from 

arrangements made by SCAQMD in 

anticipation of the agency’s temporary 

closure of its weighing room to allow for 

an upgrade to that facility and in 

response to construction delays 

associated with that project. The 

SCAQMD’s weighing room reopened on 

December 4, 2014, and the QA issues 

affecting 2014 data did not affect data 

collected in 2015. 

The requirements in 40 CFR part 50, 

appendix L, section 8.3.6 state that postsample conditioning and weighing shall 

not exceed 30 days. This refers to the 

amount of time between when the 

sample is collected and when the 

sample is post-weighed. This is 

commonly referred to as the ‘‘postsample hold time requirement’’ and, per 

EPA guidance (‘‘QA Handbook’’), is 

considered a ‘‘critical criteria’’.13

Adherence to this requirement is 

important because loss of mass is 

possible with excessive post-sample 

hold times, which would likely bias 

data low. 

As described in section 17.3.3 and 

appendix D of the QA Handbook, for 

PM2.5, critical criteria are the specific 

requirements in 40 CFR 50 appendix L 

and 40 CFR 58 appendix A that have 

been deemed critical to maintaining the 

integrity of a sample or group of 

samples. The QA handbook further 

explains that observations that do not 

meet each and every criterion on the 

Critical Criteria Table should be 

invalidated unless there are compelling 

reasons and justification for not doing 

so. Since a portion of the 2014 data in 

quarter four has not met a critical 

criterion, as defined by the QA 

Handbook, SCAQMD has invalidated 

these data. Therefore these data will not 

be considered as valid data for the 

purposes of this action.14 Given the 

extent of invalidated data, the dataset 

for quarter four of 2014 is incomplete 

from all of the monitoring sites, 

resulting in an incomplete year for 2014. 

Unlike the data for 2014, however, the 

data collected during 2015 are complete 

(or nearly complete) for all four quarters 

from all monitors.15 For 2015, the basinwide high-site annual average and (98th 

percentile) 24-hour-average PM2.5

concentrations are 14.5 mg/m3 and 43 

mg/m3, respectively, based on complete 

or nearly complete datasets for 2015. 

During 2015, the high site for the annual 

average was the near-road Ontario 

(Route 60) site, and the high site for the 

98th percentile 24-hour concentration 

was the Mira Loma site. Because the 

concentrations fall below the relevant 

NAAQS (15.0 mg/m3, annual average 

and 65 mg/m3, 24-hour average), they are 

consistent with the 2011–2013 data 

upon which the determination of 

attainment is based. 

Lastly, we find further support for the 

conclusion that the South Coast has 

attained the 1997 PM2.5 standard in a 

review of the long-term trends in PM2.5

concentrations in the South Coast as 

summarized below in Table 1. 

TABLE 1—SOUTH COAST BASIN-WIDE HIGH ANNUAL AND 24-HOUR PM2.5 CONCENTRATIONS, 2001–2015 

Year 

Annual 

average 

(μg/m3) a

98th Percentile 

24-hour 

average 

(μg/m3) b

2001 ......................................................................................................................................................................... 31.0 74 

2002 ......................................................................................................................................................................... 27.5 66 

2003 ......................................................................................................................................................................... 24.8 77 

2004 ......................................................................................................................................................................... 22.1 72 

2005 ......................................................................................................................................................................... 20.9 58 

2006 ......................................................................................................................................................................... 20.8 54 

2007 ......................................................................................................................................................................... 20.9 71 

2008 ......................................................................................................................................................................... 18.3 47 

2009 ......................................................................................................................................................................... 17.2 43 

2010 ......................................................................................................................................................................... 15.2 36 

2011 ......................................................................................................................................................................... 15.3 37 

2012 ......................................................................................................................................................................... 15.1 36 

2013 ......................................................................................................................................................................... 14.1 38 

2014 ......................................................................................................................................................................... ........................ ........................


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16See 80 FR 449 (January 6, 2015). 17See letter, Elizabeth Forsyth, Earthjustice, and 

Maya Golden-Krasner, Communities for a Better 

Environment, to Wienke Tax, EPA Region IX, dated 

January 22, 2015. Earthjustice submitted the 

comments on our proposed rule on behalf of 

Communities for a Better Environment, Sierra Club, 

Center for Biological Diversity, WildEarth 

Guardians, Medical Advocates for Healthy Air, and 

Physicians for Social Responsibility—Los Angeles. 

Earthjustice’s letter included four attachments: (1) 

EPA’s technical support document and response to 

comments document for action on the 2007 South 

Coast Air Quality Management Plan; (2) comments 

on the 2011 Air Monitoring Network Plan for the 

South Coast Air Quality Management District; (3) a 

draft report prepared by Greg Gould, ‘‘Near 

Roadway Emissions: Measures, Exposure, and 

Monitoring;’’ and a report prepared by E.H. Pechan 

& Associations, Inc., ‘‘Estimating Contributions of 

On-Road Emissions to Near Highway PM2.5

Concentrations.’’ 

18Under 40 CFR 50.7(a)(1), the 1997 PM2.5

NAAQS are defined in terms of ambient air 

measurements made by FRMs or FEMs. 

TABLE 1—SOUTH COAST BASIN-WIDE HIGH ANNUAL AND 24-HOUR PM2.5 CONCENTRATIONS, 2001–2015—Continued 

Year 

Annual 

average 

(μg/m3) a

98th Percentile 

24-hour 

average 

(μg/m3) b

2015 ......................................................................................................................................................................... 14.5 43 

aBasin-wide high annual-average concentration is from the Rubidoux site for 2001–2005, the Mira Loma site from 2006–2013, and the Ontario 

(Route 60) site for 2015. Bold values represent exceedances of the applicable 1997 standard. bBasin-wide high 98th percentile 24-hour average concentration is from the Rubidoux site for 2001–2003, 2005, and 2006; the San Bernardino 

site for 2004 and 2007; the Mira Loma site for 2008, 2010, 2011, 2013, and 2015; the Azusa site for 2009; and the Fontana site for 2012. Bold 

values represent exceedances of the applicable 1997 standard. 

Source: AQS Design Value Reports, dated October 6, 2014, October 7, 2014, and May 5, 2016. 

As shown in Table 1, basin-wide 

high-site PM2.5 concentrations in the 

South Coast declined rapidly from 2001 

to 2009. In more recent years, the 

decline has been more gradual and has 

even started to level out; however, the 

level reached in recent years are below 

the 1997 PM2.5 NAAQS of (less than or 

equal to) 15.0 mg/m3 (annual average) 

and 65 mg/m3 (98th percentile 24-hour 

average). We have concluded that South 

Coast attained the 1997 PM2.5 standard 

by the end of 2013, and this conclusion 

is supported by the data collected 

during 2015 and the long-term trend 

data of PM2.5 concentrations in the 

South Coast that show signs of leveling 

out at a level consistent with attainment 

of that standard. 

III. Public Comments and the EPA’s 

Responses 

The EPA’s proposed rule provided a 

30-day public comment period. Upon 

request, we extended the comment 

period 14 days, from January 8th to 

January 22nd, 2015.16 We received one 

set of comments on our proposed rule, 

a letter from Earthjustice on behalf of a 

group that Earthjustice refers to 

collectively as ‘‘Health Advocates’’.17

We summarize the comments from 

Health Advocates and respond to them 

below. 

Comment #1: Health Advocates assert 

that 2014 monitoring data demonstrate 

that the South Coast is not attaining the 

1997 PM2.5 standards, and because the 

South Coast is not attaining the 

standard, suspension of attainmentrelated SIP submittal requirements, as 

proposed by the EPA, is inappropriate. 

In support of their assertion, Health 

Advocates present annual average PM2.5

data for six monitoring sites in the 

South Coast for year 2014 downloaded 

from the California Air Resources 

Board’s (CARB’s) Air Quality and 

Meteorological Information System 

(AQMIS) Web site (http:// 

www.arb.ca.gov/aqmis2/aqmis2.php). 

Specifically, Health Advocates present 

the following data downloaded from 

AQMIS: 

Monitoring site 

2014 Annual 

mean 

(μg/m3) 

Central Los Angeles—Los 

Angeles (Main Street) ....... 18.8 

Metropolitan Riverside County—Rubidoux ..................... 15.6 

Riverside—Magnolia ............. 16.3 

Mira Loma—Mira Loma (Van 

Buren) ............................... 19.2 

Burbank—W Palm Ave ......... 19.8 

San Bernardino—Upland ...... 17.9 

Lastly, Health Advocates assert that, 

in light of 2014 data showing violations 

of the 1997 PM2.5 standard, the EPA 

must reclassify the South Coast as a 

‘‘Serious’’ nonattainment area under 

CAA section 188(b)(2) and require the 

South Coast to prepare a ‘‘Serious’’ area 

plan. 

Response to Comment #1: We note 

that Health Advocates do not challenge 

our evaluation of South Coast PM2.5 data 

for 2011–2013, our proposed 

determination that the design values in 

the South Coast for that period are less 

than the 1997 PM2.5 standards or our 

proposed suspension of any remaining 

SIP submittal requirements for the 1997 

PM2.5 standards. Rather, Health 

Advocates assert that data for 2014 

made available since publication of our 

proposed rule precludes our final 

determination of attainment because the 

2014 data purportedly shows that the 

South Coast is not currently attaining 

the 1997 PM2.5 standards. We disagree. 

First, CARB’s AQMIS combines 

preliminary (real-time) data with official 

(historical) data. By their nature, 

preliminary data are subject to change 

and may be subject to adjustment, 

substitution or exclusion under 

applicable monitoring regulations. In 

this instance, the annual average PM2.5

concentrations cited by Health 

Advocates at four of the monitoring sites 

(Central Los Angeles, Rubidoux, Mira 

Loma and Burbank) reflect data 

collected by continuous PM2.5 FEM 

monitors for which the SCAQMD has 

requested an ineligibility determination 

(i.e., for comparison to the NAAQS), 

and because the EPA has approved the 

SCAQMD’s request, the continuous 

PM2.5 FEM data are excluded from 

NAAQS attainment determinations. 

With respect to the annual average PM2.5

concentrations cited by Health 

Advocates at the two other monitoring 

sites (Riverside (Magnolia) and Upland), 

the data reflect non-FEM methods and 

are therefore not eligible for comparison 

with the PM2.5 NAAQS.18

Second, as discussed in detail in 

section II of this document, a review of 

the only complete, quality-assured data 

available after the 2011–2013 period, 

that is, the 2015 PM2.5 ambient data 

collected in the South Coast, supports 

EPA’s determination that the area is 

attaining the NAAQS. As a result, our 

suspension of attainment-related SIP 

submittal requirements is appropriate, 

and reclassification of the area to 

‘‘Serious’’ for the 1997 PM2.5 standards 

is not warranted. 

Lastly, with respect to reclassification 

of the South Coast to Serious, we note 

that the EPA has reclassified the South 

Coast from Moderate to Serious for the 

more stringent 2006 (24-hour) PM2.5

NAAQS. See 81 FR 1514 (January 13, 

2016). As a result of that action, 

California is required to submit, by 

August 14, 2017, additional SIP 


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19The case cited is Physicians for Social 

Responsibility—Los Angeles v. EPA, 9th Cir., No. 

12–70079. 

20See AQS Design Value Report, dated May 5, 

2016. 

revisions to satisfy the statutory 

requirements that apply to Serious PM2.5

nonattainment areas, including the 

requirements of subpart 4 of part D, title 

I of the Act. The Serious area plan must 

provide for attainment of the 2006 PM2.5

NAAQS in the South Coast as 

expeditiously as practicable, but no later 

than December 31, 2019, in accordance 

with the requirements of part D of title 

I of the Act. 

Moreover, notwithstanding the 

suspension of attainment-related SIP 

requirements related to the 1997 PM2.5

NAAQS arising from today’s action, 

California must continue to develop 

such plans not just for the more 

stringent 2006 (24-hour) PM2.5 NAAQS 

cited above, but also for the more 

stringent 2012 (annual average) PM2.5

NAAQS for which the South Coast has 

been classified as Moderate 

nonattainment effective April 15, 2015. 

See 80 FR 2206 (January 15, 2015). The 

new South Coast plan addressing 

Moderate area requirements for the 2012 

PM2.5 NAAQS is due no later than 

October 15, 2016. See CAA section 

189(a)(2)(B). 

Comment #2: Health Advocates 

contend that the EPA cannot make a 

clean data determination for the 1997 

PM2.5 standards in the South Coast 

because the data the EPA considered for 

its proposed determination exclude data 

from near-roadway monitors. In support 

of their contention, Health Advocates 

cite CAA section 107(a), which requires 

states to assure air quality within the 

entire geographic area and note that 

Congress did not exempt areas near 

highways, where evidence cited by the 

commenters indicates much higher 

levels of PM2.5 within 300 meters of the 

highway. Thus, they assert that the 

inclusion of near-roadway monitoring 

data is necessary to protect the people 

who live, work and go to school within 

300 meters of a highway in the South 

Coast and cite changes in the EPA’s 

monitoring regulations that require 

near-roadway monitoring in certain 

urban areas. 

Health Advocates also cite a case 

pending in the Ninth Circuit Court of 

Appeals in which community and 

environmental groups are challenging 

the EPA’s approval of the attainment 

demonstration for the 1997 PM2.5

standards in the South Coast, in part, on 

the grounds that the attainment 

demonstration does not address the 

near-highway environment. Health 

Advocates contend that the EPA should 

not make a clean data determination 

before the court has ruled on this 

issue.19

Response to Comment #2: CAA 

section 107(a) provides that each state 

shall have the primary responsibility for 

assuring air quality within the entire 

geographic area comprising such state 

by submitting a SIP that will specify the 

manner in which the NAAQS will be 

achieved and maintained in such state. 

CAA section 107(a) does not specify 

how the EPA must determine whether 

an area within a state has attained the 

NAAQS. Such determinations are 

governed by the applicable sections of 

40 CFR parts 50, 53 and 58, and in the 

proposed rule at page 73001, the EPA 

identifies the specific regulations 

governing our proposed determination 

of attainment for the South Coast for the 

1997 PM2.5 standards. 

Health Advocates cite changes made 

by the EPA to the Agency’s monitoring 

regulations to require states to establish 

near-road PM2.5 monitors in certain 

urban areas as support for their 

assertion that the EPA’s proposed 

determination of attainment for the 

South Coast in essence denies 

thousands of people who live near 

highways from the protections of the 

Clean Air Act. We agree that the EPA’s 

monitoring regulations have been 

revised to require near-road PM2.5

monitoring in Core-Based Statistical 

Areas (CBSAs) having one million or 

greater persons. See 40 CFR part 58, 

appendix D, section 4.7.1(b), as added 

by the EPA’s final action published at 

78 FR 3086, at 3282 (January 15, 2013). 

The South Coast encompasses two 

such areas, the Los Angeles-Long BeachAnaheim, CA CBSA and the RiversideSan Bernardino, CA CBSA. Given that 

both CBSAs exceed 2.5 million people, 

the first PM2.5 monitors specifically 

located to measure the near-road 

environment were required to be 

operational as of January 1, 2015. In 

response to the revised monitoring 

requirements, beginning January 1, 

2015, the SCAQMD began monitoring 

ambient PM2.5 concentrations at two 

near-road sites: the Long Beach Route 

710 site (AQS ID 06–037–4008) is 

located near Route 710 in Long Beach, 

and the Ontario Route 60 Near-Road site 

(06–071–0027) is located near Route 60 

in Ontario. We now have one year’s 

worth of data from the two near-road 

PM2.5 monitors.20 At the Long Beach 

Route 710 site, the annual average PM2.5

concentration was 12.9 m/m3 during 

2015, and the 98th percentile 24-hour 

PM2.5 concentration was 36 m/m3. At the 

Ontario Route 60 site, the corresponding 

concentrations were 14.5 m/m3 and 40 m/ 

m3, respectively. In summary, the 

ambient concentrations were less than 

the corresponding 1997 PM2.5 NAAQS 

and are consistent with continued 

attainment of the 1997 PM2.5 NAAQS in 

the South Coast. 

Also, as noted in our proposed rule, 

the EPA’s evaluation of whether the 

South Coast PM2.5 nonattainment area 

has attained the 1997 annual and 24- 

hour PM2.5 NAAQS is based in part on 

our review of the adequacy of the PM2.5

monitoring network in the 

nonattainment area and the reliability of 

the data collected by the network. 

During the relevant time period in 

which the data that we relied upon for 

the proposed determination of 

attainment were collected (i.e., 2011– 

2013), the PM2.5 monitoring network in 

the South Coast was not required to 

include near-road PM2.5 monitors. 

Therefore, the lack of a near-road PM2.5

monitor during the 2011–2013 period 

does not undermine our determination 

of attainment of the standard based on 

the data collected during those years. 

Moreover, as noted above, the near-road 

ambient PM2.5 data that are now 

available are consistent with continued 

attainment of the 1997 PM2.5 NAAQS in 

the South Coast. 

Lastly, Health Advocates are correct 

that a lawsuit was filed in the Ninth 

Circuit Court of Appeals, in which nearroad PM2.5 concentrations were at issue. 

See Physicians for Social 

Responsibility—Los Angeles v. EPA, 

Ninth Circuit, No. 12–70079. However, 

the action that is challenged in that case 

is the EPA’s approval of the attainment 

demonstration for the 1997 PM2.5

standards in the South Coast that relies 

on modeling results to predict future 

ambient concentrations. Today’s action 

does not rely on future modeled 

concentrations but rather on past 

monitored concentrations collected by a 

monitoring network that, as explained 

above, is adequate and consistent with 

the EPA’s monitoring requirements for 

the relevant period. 

In any event, on June 9, 2015, the 

court issued a memorandum denying 

the petition for review in the Physicians 

for Social Responsibility case. As 

relevant here, the court held that the 

South Coast PM2.5 plan does not 

impermissibly ignore pollution in the 

near-highway areas because the 

monitoring guidelines explicitly specify 

that states generally need not monitor 

‘‘microscale’’ or ‘‘middle scale’’ areas, 

which include ‘‘traffic corridors’’ and 

areas ‘‘along traffic corridors.’’ See 


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Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 48355 

Physicians for Social Responsibility— 

Los Angeles v. EPA, No. 12–70079, 

memorandum opinion at 3 (9th Cir., 

June 9, 2015). Thus, the case presents no 

reason to delay final action on the 

determination of attainment for the 

South Coast for the 1997 PM2.5

standards. 

IV. Final Action 

For the reasons stated above, the EPA 

is taking final action to determine that 

the South Coast nonattainment area in 

California has attained the 1997 annual 

and 24-hour PM2.5 NAAQS based on 

complete (or otherwise validated), 

quality-assured and certified data in 

AQS for 2011–2013. We also find that 

the most recent quality-assured and 

certified data in AQS show that this area 

continues to attain the standards. 

In conjunction with and based upon 

our final determination that the South 

Coast has attained and is currently 

attaining the standard, the EPA is taking 

final action to determine that the 

obligation to submit any remaining 

attainment-related SIP revisions arising 

from classification of the South Coast as 

a Moderate nonattainment area under 

subpart 4 of part D (of title I of the Act) 

for the 1997 PM2.5 NAAQS is not 

applicable for so long as the area 

continues to attain the 1997 PM2.5

NAAQS. These attainment-related 

requirements include, but are not 

limited to, the part D, subpart 4 

obligations to provide an attainment 

demonstration pursuant to section 

189(a)(1)(B), the RACM provisions of 

section 189(a)(1)(C) and the RFP 

provisions of section 189(c). 

Today’s final action does not 

constitute a redesignation of the South 

Coast nonattainment area to attainment 

for the 1997 annual and 24-hour PM2.5

NAAQS under CAA section 107(d)(3) 

because we have not yet approved a 

maintenance plan for the South Coast as 

meeting the requirements of section 

175A of the CAA or determined that the 

area has met the other CAA 

requirements for redesignation. The 

classification and designation status in 

40 CFR part 81 remains Moderate 

nonattainment for this area until such 

time as the EPA determines that 

California has met the CAA 

requirements for redesignating the 

South Coast nonattainment area to 

attainment. 

If the South Coast nonattainment area 

continues to monitor attainment of the 

1997 PM2.5 NAAQS, the requirements 

for the area to submit an attainment 

demonstration and associated RACM, an 

RFP plan, contingency measures and 

any other planning requirements related 

to attainment of the 1997 PM2.5 NAAQS 

will remain suspended. If, after today’s 

action, the EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the area has violated the 1997 PM2.5

NAAQS, the basis for the suspension of 

the attainment planning requirements 

for the area would no longer exist, and 

the area would thereafter have to 

address such requirements. 

V. Statutory and Executive Order 

Reviews 

This final action makes a 

determination of attainment based on 

air quality and suspends certain federal 

requirements, and thus, this action 

would not impose additional 

requirements beyond those imposed by 

state law. For this reason, the final 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this final action does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 

obligations discussed herein do not 

apply to Indian Tribes, and thus this 

action will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that, before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 23, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review, nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 8, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.247 is amended by 

adding paragraph (g) to read as follows: 


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48356 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 

§ 52.247 Control strategy and regulations: 

Fine Particle Matter. 

* * * * * 

(g) Determination of Attainment: 

Effective August 24, 2016, the EPA has 

determined that, based on 2011 to 2013 

ambient air quality data, the South 

Coast PM2.5 nonattainment area has 

attained the 1997 annual and 24-hour 

PM2.5 NAAQS. This determination 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures and other 

planning SIPs related to attainment for 

as long as this area continues to attain 

the 1997 annual and 24-hour PM2.5

NAAQS. If the EPA determines, after 

notice-and-comment rulemaking, that 

this area no longer meets the 1997 PM2.5

NAAQS, the corresponding 

determination of attainment for the area 

shall be withdrawn. 

[FR Doc. 2016–17410 Filed 7–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2011–0817; FRL–9949–46– 

OAR] 

RIN 2060–AS98 

National Emission Standards for 

Hazardous Air Pollutants for the 

Portland Cement Manufacturing 

Industry 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to amend the National Emission 

Standards for Hazardous Air Pollutants 

for the Portland Cement Manufacturing 

Industry. This direct final rule provides, 

for a period of 1 year, an additional 

compliance alternative for sources that 

would otherwise be required to use an 

HCl CEMS to demonstrate compliance 

with the HCl emissions limit. This 

compliance alternative is needed due to 

the current unavailability of a 

calibration gas used for quality 

assurance purposes. This direct final 

rule also restores regulatory text 

requiring the reporting of clinker 

production and kiln feed rates that was 

deleted inadvertently. 

DATES: This rule is effective on 

September 8, 2016 without further 

notice, unless the EPA receives 

significant adverse comment by August 

24, 2016. If the EPA receives significant 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2011–0817, to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or withdrawn. 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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sharon Nizich, Sector Policies and 

Programs Division (D243–02), Office of 

Air Quality Planning and Standards, 

U.S. Environmental Protection Agency, 

Research Triangle Park, North Carolina, 

27711; telephone number: (919) 541– 

2825; fax number: (919) 541–5450; and 

email address: nizich.sharon@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of This Document. The 

information in this preamble is 

organized as follows: 

I. General Information 

A. Why is the EPA using a direct final rule? 

B. Does this direct final rule apply to me? 

C. What should I consider as I prepare my 

comments for the EPA? 

II. What are the amendments made by this 

direct final rule? 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act (CRA) 

I. General Information 

A. Why is the EPA using a direct final 

rule? 

The EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and do not 

anticipate significant adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of this Federal Register, we are 

publishing a separate document that 

will serve as the proposed rule to amend 

the National Emission Standards for 

Hazardous Air Pollutants for the 

Portland Cement Manufacturing 

Industry, if EPA receives significant 

adverse comments on this direct final 

rule. We will not institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information about commenting on this 

rule, see the ADDRESSES section of this 

document. 

If the EPA receives significant adverse 

comment on all or a distinct portion of 

this direct final rule, we will publish a 

timely withdrawal in the Federal 

Register informing the public that some 

or all of this direct final rule will not 

take effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

B. Does this direct final rule apply to 

me? 

Categories and entities potentially 

regulated by this direct final rule 

include: 

Category NAICS Code 1

Portland cement manufacturing facilities ................... 327310 

1 North American Industry Classification 

System. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this direct final rule. To 

determine whether your facility is 

affected, you should examine the 

applicability criteria in 40 CFR 63.1340. 

If you have questions regarding the 

applicability of any aspect of this action 


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