81_FR_1522 81 FR 1514 - Designation of Areas for Air Quality Planning Purposes; California; South Coast; Reclassification as Serious Nonattainment for the 2006 PM2.5

81 FR 1514 - Designation of Areas for Air Quality Planning Purposes; California; South Coast; Reclassification as Serious Nonattainment for the 2006 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 8 (January 13, 2016)

Page Range1514-1522
FR Document2015-33304

The Environmental Protection Agency (EPA) is taking final action to reclassify the Los Angeles-South Coast Air Basin (South Coast) Moderate PM<INF>2.5</INF> nonattainment area, including areas of Indian country within it, as a Serious nonattainment area for the 2006 PM<INF>2.5</INF> national ambient air quality standards (NAAQS), based on the EPA's determination that the area cannot practicably attain these NAAQS by the applicable attainment date of December 31, 2015. As a consequence of this reclassification, California must submit, no later than 18 months from the effective date of this reclassification, nonattainment new source review (NNSR) program revisions and a Serious area attainment plan including a demonstration that the plan provides for attainment of the 2006 24-hour PM<INF>2.5</INF> standards in the South Coast area as expeditiously as practicable and no later than December 31, 2019.

Federal Register, Volume 81 Issue 8 (Wednesday, January 13, 2016)
[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Rules and Regulations]
[Pages 1514-1522]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33304]



[[Page 1514]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2015-0204; FRL-9940-84-Region 9]


Designation of Areas for Air Quality Planning Purposes; 
California; South Coast; Reclassification as Serious Nonattainment for 
the 2006 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to reclassify the Los Angeles-South Coast Air Basin (South 
Coast) Moderate PM2.5 nonattainment area, including areas of 
Indian country within it, as a Serious nonattainment area for the 2006 
PM2.5 national ambient air quality standards (NAAQS), based 
on the EPA's determination that the area cannot practicably attain 
these NAAQS by the applicable attainment date of December 31, 2015. As 
a consequence of this reclassification, California must submit, no 
later than 18 months from the effective date of this reclassification, 
nonattainment new source review (NNSR) program revisions and a Serious 
area attainment plan including a demonstration that the plan provides 
for attainment of the 2006 24-hour PM2.5 standards in the 
South Coast area as expeditiously as practicable and no later than 
December 31, 2019.

DATES: This rule is effective on February 12, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2015-0204 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be publicly available in either 
location (e.g., confidential business information (CBI)). To inspect 
the docket materials in person, please schedule an appointment during 
normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region 9, (415) 947-4192, 
[email protected].

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

Table of Contents

I. Proposed Action
II. Summary of Final Action
III. Public Comments and EPA Responses
IV. Final Action
    A. Reclassification as Serious Nonattainment and Applicable 
Attainment Dates
    B. Reclassification of Reservation Areas of Indian Country
    C. PM2.5 Serious Area SIP Requirements
V. Statutory and Executive Order Reviews

I. Proposed Action

    On October 20, 2015 (80 FR 63640), the EPA proposed to approve 
portions of California's Moderate area plan to address the 2006 primary 
and secondary 24-hour PM2.5 NAAQS in the South Coast and to 
reclassify the South Coast nonattainment area, including areas of 
Indian country within it, from Moderate to Serious nonattainment for 
these standards, based on the EPA's determination that the area cannot 
practicably attain these NAAQS by the applicable attainment date of 
December 31, 2015.\1\ Under section 188(b)(1) of the CAA, prior to an 
area's attainment date, the EPA has discretionary authority to 
reclassify as a Serious nonattainment area ``any area that the 
Administrator determines cannot practicably attain'' the 
PM2.5 NAAQS by the Moderate area attainment date.\2\ As part 
of our proposed action, we reviewed recent PM2.5 monitoring 
data for the South Coast available in EPA's Air Quality System (AQS) 
database. These data show that 24-hour PM2.5 levels in the 
South Coast continue to be above 35 [mu]g/m\3\, the level of the 2006 
PM2.5 standards, and the recent trends in the South Coast 
area's 24-hour PM2.5 levels are not consistent with a 
projection of attainment by the end of 2015.\3\
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    \1\ See proposed rule at 80 FR 63640 (October 20, 2015) for a 
more detailed discussion of the background for this action, 
including the history of the PM2.5 NAAQS established in 
2006, health effects and sources of PM2.5, designation of 
the SJV as nonattainment for the PM2.5 standards, and the 
EPA's actions on the submittals from the state of California to 
address the nonattainment area planning requirements for the 2006 
PM2.5 NAAQS in the SJV.
    \2\ Section 188(b)(1) of the Act is a general expression of 
delegated rulemaking authority. See ``State Implementation Plans; 
General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992) (hereafter 
``General Preamble'') at 13537, n. 15. Although subparagraphs (A) 
and (B) of section 188(b)(1) contain specific timeframes for EPA to 
reclassify any areas that it determines cannot practicably attain 
the PM standards by the applicable attainment date, these 
subparagraphs do not restrict the general authority to reclassify an 
area, as appropriate, at any time before the attainment date but 
simply specify that, at a minimum, the EPA's authority must be 
exercised at certain times. See id.
    \3\ The PM2.5 monitoring data that EPA reviewed 
indicate that 24-hour PM2.5 design values are at 38 ug/m3 
in the South Coast, above the level of the 2006 PM2.5 
NAAQS (35 ug/m3). EPA also calculated ``maximum allowed'' 2015 98th 
percentile concentrations that would enable the area to attain the 
2006 24-hour PM2.5 NAAQS by the end of 2015 and found 
that even conservative estimates of the 98th percentile 
concentration in 2015 at two monitoring sites--Rubidoux and Mira 
Loma-Van Buren--were greater than the ``maximum allowed'' 
concentration. See 80 FR 63640, 63653 (October 20, 2015) and 
Memorandum dated August 21, 2015, Michael Flagg, US EPA Region 9, 
Air Quality Analysis Office.
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    In the proposed rule, we explained that under section 188(c)(2) of 
the Act, the attainment date for a Serious area ``shall be as 
expeditiously as practicable but no later than the end of the tenth 
calendar year beginning after the area's designation as nonattainment. 
. . .'' The South Coast was designated nonattainment for the 2006 
PM2.5 NAAQS effective December 14, 2009.\4\ Therefore, as a 
result of our reclassification of the South Coast area as a Serious 
nonattainment area, the attainment date under section 188(c)(2) of the 
Act for the 2006 PM2.5 NAAQS in this area is as 
expeditiously as practicable but no later than December 31, 2019.
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    \4\ 74 FR 58688 (November 13, 2009).
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    Our proposed rule also identified the Serious area attainment plan 
elements that California would, upon reclassification, have to submit 
to satisfy the statutory requirements that apply to Serious areas, 
including the requirements of subpart 4 of part D, title I of the 
Act.\5\ The EPA explained that under section 189(b)(2) of the Act, the 
State must submit the required provisions to implement best available 
control measures (BACM), including best available control technology 
(BACT), no later than 18 months after reclassification and must submit 
the required attainment demonstration no later than 4 years after 
reclassification. We noted, however, that section 189(b)(2) establishes 
outer bounds on the SIP submission deadlines and does not preclude the 
EPA's establishment of earlier deadlines as necessary or appropriate to 
assure consistency among the required submissions and to implement the 
statutory requirements in a timely manner to ensure expeditious 
attainment of the NAAQS.\6\ Because an up-to-date emissions inventory 
serves as the foundation for a state's BACM and BACT determinations, 
the EPA

[[Page 1515]]

proposed to require the State to submit the emissions inventory 
required under CAA section 172(c)(3) within 18 months after the 
effective date of final reclassification. Similarly, because an 
effective evaluation of BACM and BACT requires evaluation of the 
precursor pollutants that must be controlled to provide for expeditious 
attainment, the EPA proposed to require the State to submit any 
optional precursor insignificance demonstrations by this same date. The 
EPA proposed to require the State to submit the attainment 
demonstration required under section 189(b)(1)(A) and all other 
attainment-related plan elements for the South Coast area no later than 
three years after the effective date of final reclassification or by 
December 31, 2018, whichever is earlier.
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    \5\ See proposed rule at 80 FR 63640 (October 20, 2015).
    \6\ Id. at 63658.
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    With respect to the nonattainment new source review (NNSR) program 
revisions to establish appropriate ``major stationary source'' 
thresholds for direct PM2.5 and PM2.5 precursors 
in accordance with CAA section 189(b)(3), the EPA proposed to require 
the State to submit these NNSR SIP revisions for the South Coast area 
no later than 18 months after the effective date of final 
reclassification.

II. Summary of Final Action

    Today we are finalizing only our proposal to reclassify the South 
Coast area as a Serious nonattainment area for the 2006 
PM2.5 NAAQS. We are not taking final action at this time on 
our proposal to approve elements of California's Moderate area plan for 
the 2006 PM2.5 NAAQS in the South Coast and will complete 
that action at a later time.
    As a consequence of our reclassification of the South Coast area as 
Serious nonattainment for the 2006 PM2.5 NAAQS, California 
is required to submit additional SIP revisions to satisfy the statutory 
requirements that apply to Serious areas, including the requirements of 
subpart 4 of part D, title I of the Act. For the reasons provided in 
Section III of this preamble, the EPA is requiring the State to adopt 
and submit all required components of the Serious Area plan for the 
South Coast area, including nonattainment new source review (NNSR) SIP 
revisions to address the statutory requirements for Serious areas under 
subpart 4, no later than 18 months after the effective date of this 
reclassification.
    The attainment date under section 188(c)(2) of the Act for the 2006 
PM2.5 standards in this area is as expeditiously as 
practicable but no later than December 31, 2019.

III. Public Comments and EPA Responses

    Because we are finalizing only our proposal to reclassify the South 
Coast area as Serious nonattainment for the 2006 PM2.5 
NAAQS, we are responding only to comments pertaining to the 
reclassification and its consequences. The EPA received several comment 
letters on our proposed actions, only one of which contains comments 
relevant to the reclassification. The comment letter was submitted by 
Earthjustice on behalf of the Center for Biological Diversity, 
Coalition for Clean Air, Communities for a Better Environment, East 
Yard Communities for Environmental Justice, and Sierra Club 
(``Earthjustice'') on November 19, 2015, prior to the close of the 
comment period on our proposal.\7\
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    \7\ See letter with attachments dated November 19, 2015 to Ms. 
Wienke Tax, US Environmental Protection Agency Region 9, from 
Adriano L. Martinez, Earthjustice, Los Angeles Office.
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    We summarize and respond to the relevant comments below. In a 
separate rulemaking, we will take final action on California's 
submitted Moderate area plan for the 2006 PM2.5 NAAQS in the 
South Coast and will respond to comments pertaining to our proposed 
action on the submitted plan at that time.
    Comment 1: Earthjustice argues that section 188(b)(1) establishes 
specific outside deadlines for the EPA's reclassification of 
appropriate areas as Serious nonattainment and ``does not provide 
general authority to reclassify areas anytime EPA chooses before the 
attainment deadline.'' Citing CAA section 188(b)(1)(B), Earthjustice 
asserts that the EPA's discretionary authority to reclassify a Moderate 
area as a Serious area before the attainment deadline is available only 
within 18 months after the required date for the submission of a 
Moderate area SIP, which in turn is due within 18 months after the 
area's designation as nonattainment. Because the South Coast area was 
designated nonattainment for the 2006 p.m.2.5 NAAQS on December 14, 
2009, according to Earthjustice, the Moderate area SIP for the area was 
due June 14, 2011, and the ``deadline for approving a voluntary 
reclassification request'' was therefore December 14, 2012. Thus, 
Earthjustice argues, ``EPA no longer has authority under the statute to 
use section 188(b)(1) to voluntarily reclassify the South Coast basin 
and provide four years for submission of a serious area plan.''
    In support of these arguments, Earthjustice quotes from EPA's 1992 
General Preamble,\8\ which states that ``[f]or areas designated 
nonattainment after enactment of the 1990 [Clean Air Act Amendments], 
EPA must reclassify appropriate areas as serious within 18 months of 
the required submittal date for the moderate area SIP'' and that, read 
together with the statutory requirement to submit such SIPs within 18 
months after nonattainment designations, the Act requires EPA to 
reclassify these areas as serious within three years of the 
nonattainment designation.
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    \8\ ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498 (April 16, 1992) (the ``General Preamble'').
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    Response 1: We disagree with the commenter's argument that the 
EPA's discretionary authority in section 188(b)(1) is limited to the 
timeframes set forth in sections 188(b)(1)(A) and (B).
    The EPA is reclassifying the South Coast area as Serious 
nonattainment pursuant to the general authority in CAA section 
188(b)(1),\9\ not pursuant to section 188(b)(1)(B). As explained in the 
1992 General Preamble, ``[u]nder the plain meaning of the terms of 
section 188(b)(1), EPA has general discretion to reclassify at any time 
before the applicable attainment date any area EPA determines cannot 
practicably attain the standards by such date'' (emphases added).\10\ 
With respect to the dates specified in subsections (A) and (B) of 
section 188(b)(1), the EPA specifically explained in the General 
Preamble that ``[t]hese subparagraphs do not restrict the general 
authority [in section 188(b)(1)] but simply specify that, at a minimum, 
it must be exercised at certain times.''\11\ This interpretation of 
section 188(b)(1) as allowing the EPA to reclassify moderate areas as 
serious ``at any time EPA determines that an area cannot practicably 
attain the standards by the applicable attainment date'' facilitates 
the statutory objective of attaining the PM-10 standards--e.g., by 
ensuring that additional control measures such as BACM are implemented 
sooner and by expediting the application of more stringent new source 
review requirements.\12\ The EPA reiterated this interpretation of 
section 188(b)(1) in the 1994 p.m.-10

[[Page 1516]]

Addendum \13\ and in several discretionary reclassification actions 
subsequent to the 1990 CAA Amendments.\14\
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    \9\ Unlike the ``voluntary reclassification'' provision in CAA 
section 181(b)(3), which requires EPA to grant the request of any 
state to reclassify an ozone nonattainment area in that state to a 
higher classification, the ``discretionary reclassification'' 
provision in CAA section 188(b)(1) grants EPA general authority to 
reclassify areas in accordance with the statutory criteria therein, 
independent of state requests.
    \10\ General Preamble, 57 FR 13498, 13537 at n. 15 (April 16, 
1992).
    \11\ Id.
    \12\ General Preamble, 57 FR 13498, 13537.
    \13\ ``State Implementation Plans for Serious PM-10 
Nonattainment Areas, and Attainment Date Waivers for PM-10 
Nonattainment Areas Generally; Addendum to the General Preamble for 
the Implementation of Title I of the Clean Air Act Amendments of 
1990,'' 59 FR 41998, 41999 (August 16, 1994) (the ``PM-10 
Addendum'').
    \14\ See 58 FR 3334, 3336 (Jan. 8, 1993)(discharging EPA's 
statutory duty under section 188(b)(1)(A) to ``reclassify 
appropriate initial moderate PM-10 nonattainment areas as serious by 
December 31, 1991'' but noting EPA's broad discretion under section 
188(b)(1) to reclassify additional areas at a later date); see also 
80 FR 18528 (April 7, 2015) (final discretionary reclassification of 
San Joaquin Valley for 1997 p.m.2.5 NAAQS signed March 27, 2015).
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    Specifically, with respect to areas designated nonattainment by 
operation of law upon enactment of the 1990 CAA Amendments (i.e., 
``initial'' PM-10 nonattainment areas), the EPA's longstanding 
interpretation of section 188(b)(1)(A) has been that ``the amended Act 
specifies certain dates by which EPA must propose to reclassify 
appropriate moderate areas as serious . . . and take final action,'' 
where the EPA determines that the area cannot ``practicably'' attain 
the PM-10 NAAQS by December 31, 1994.\15\ The EPA further explained, 
however, that ``EPA also has discretionary authority under section 
188(b)(1) to reclassify any of these areas as serious at any time, if 
EPA determines they cannot practicably attain the PM-10 NAAQS by 
December 31, 1994,'' \16\ and provided examples of the circumstances 
that may warrant such discretionary reclassification at a later date--
i.e., after the December 31, 1991 date specified in section 
188(b)(1)(A).\17\ In the PM-10 Addendum, the EPA stated that 
``[s]ection 188(b)(1)(A) provides an accelerated schedule by which EPA 
is to reclassify appropriate initial PM-10 nonattainment areas'' but 
reiterated the Agency's interpretation of section 188(b)(1) as a 
general grant of authority to also reclassify initial PM-10 areas at 
later points in time before the attainment date.\18\
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    \15\ General Preamble, 57 FR 13498, 13537. Under section 
188(c)(1) of the Act, December 31, 1994 was the latest permissible 
Moderate area attainment date for an area designated nonattainment 
for PM-10 by operation of law under the 1990 CAA Amendments.
    \16\ General Preamble, 57 FR 13498, 13537.
    \17\ Id. (``The EPA may exercise this discretion where, for 
example, EPA originally believed an area could attain the PM-10 
NAAQS by December 31, 1994 but later determines that it cannot 
attain''); see also 56 FR 58656, 58657 (Nov. 21, 1991)(noting that 
``EPA also has discretion to reclassify any of these areas as 
serious after December 31, 1991 (e.g., after reviewing the State's 
PM-10 SIP), if EPA determines they cannot practicably attain the PM-
10 NAAQS by December 31, 1994'') and 58 FR 3334, 3336 (Jan. 8, 1993) 
(noting that EPA may in the future reclassify additional PM-10 
nonattainment areas using its discretionary authority in section 
188(b)(1)).
    \18\ PM-10 Addendum, 59 FR 41998, 41999 (August 16, 1994) (``In 
the future, EPA anticipates that, generally, any decision to 
reclassify an initial PM-10 nonattainment area before the attainment 
date will be based on specific facts or circumstances demonstrating 
that the NAAQS cannot practicably be attained by December 31, 1994 . 
. .'').
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    Likewise, the EPA has long interpreted section 188(b)(1)(B) as 
establishing a ``timeframe within which EPA is to reclassify 
appropriate areas designated nonattainment for PM-10 subsequent to 
enactment of the 1990 Amendments'' but not as a limitation on EPA's 
general authority to reclassify such areas at any time before the 
applicable attainment date.\19\ In the PM-10 Addendum, the EPA 
reiterated its view that the directive in section 188(b)(1)(B) ``does 
not restrict EPA's general authority, but simply specifies that it is 
to be exercised, as appropriate, in accordance with certain dates.'' 
\20\ The EPA recently finalized a discretionary reclassification action 
for a PM2.5 nonattainment shortly before the applicable 
attainment date, consistent with this interpretation of CAA section 
188(b)(1).\21\
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    \19\ General Preamble, 57 FR at 13537 and PM-10 Addendum, 59 FR 
at 41999.
    \20\ PM-10 Addendum, 59 FR 41998, 41999 at n. 4 (August 16, 
1994).
    \21\ See 80 FR 18528 (April 7, 2015) (final discretionary 
reclassification of San Joaquin Valley for 1997 p.m.2.5 NAAQS signed 
March 27, 2015).
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    The commenter quotes selectively from a portion of the General 
Preamble addressing areas designated nonattainment after enactment of 
the 1990 CAA Amendments but fails to acknowledge both the more 
extensive discussion of section 188(b)(1) that precedes the quoted 
text, as explained above, and the text in the PM-10 Addendum that 
reiterates the Agency's interpretation of section 188(b)(1)(B) 
specifically. Moreover, both the statutory text in CAA section 
188(b)(1)(B) and the interpretive language in the General Preamble that 
the commenter quotes explicitly state that the EPA's obligation under 
CAA section 188(b)(1)(B) is to reclassify ``appropriate'' areas within 
18 months after the required date for the State's submission of a SIP 
for the Moderate Area.\22\ Congress granted the EPA broad discretion to 
identify the areas that are ``appropriate'' for such reclassification 
\23\ and to reclassify additional areas after the timeframes specified 
in subsections (A) or (B). Thus, the fact that the EPA did not find the 
South Coast area ``appropriate'' for discretionary reclassification 
within the timeframe specified in section 188(b)(1)(B) does not 
preclude the EPA's discretionary reclassification of the area at a 
later date, based on a determination that the area cannot practicably 
attain the PM2.5 NAAQS by the applicable attainment date.
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    \22\ See CAA section 188(b)(1)(B) (requiring, for areas 
designated nonattainment after enactment of the 1990 CAA Amendments, 
that the Administrator ``reclassify appropriate areas'' within 18 
months after the required date for the State's submission of a SIP 
for the Moderate Area).
    \23\ As EPA explained in its 1993 reclassification of 
``appropriate'' initial PM-10 nonattainment areas from Moderate to 
Serious under section 188(b)(1)(A), the Act does not specify what 
information EPA must consider in exercising the authority delegated 
to it by section 188(b)(1) and thus grants EPA broad discretion to 
consider any relevant information, including information in SIP 
submittals. 58 FR 3334, 3336 at n. 7 (Jan. 8, 1993).
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    Furthermore, under the commenter's interpretation of section 
188(b)(1)(B), the EPA would have no authority to reclassify a Moderate 
area to Serious at any time between the date 3 years after designation 
(18 months after the required date for the State's submission of a 
Moderate Area SIP) and the applicable attainment date, which under 
section 188(c)(1) may be as late as the end of the sixth calendar year 
after the area's designation as nonattainment. Thus, for a period of up 
to 3 years, the EPA would be unable to reclassify such an area to 
Serious in order to require the State to adopt BACM measures and other 
Serious Area plan elements, even if information before the Agency 
indicated the area could not attain the NAAQS by the moderate area 
attainment date. Such a reading of section 188(b)(1) would frustrate 
the Congressional intent to ensure that areas that cannot attain the 
NAAQS in a timely manner adopt the best available controls and develop 
revised plans to provide for expeditious attainment. EPA's 
interpretation of section 188(b)(1) as a general grant of discretionary 
reclassification authority is reasonable in light of the overarching 
requirement in subpart 4 to ensure attainment of the NAAQS as 
expeditiously as practicable.
    In sum, we disagree with the commenter's contention that the EPA's 
authority to reclassify a Moderate area as a Serious area under CAA 
section 188(b)(1) is available only within 18 months after the due date 
for the State's Moderate Area SIP. As the EPA explained in the General 
Preamble, in the PM-10 Addendum, and in several actions reclassifying 
PM-10 and PM2.5 nonattainment areas as Serious areas under 
CAA section 188(b)(1), the EPA has consistently interpreted section 
188(b)(1) as a general expression of delegated rulemaking authority 
that authorizes the Agency to reclassify any Moderate area as a Serious 
area at any

[[Page 1517]]

time before the applicable attainment date, based on a determination 
that the area cannot practicably attain the relevant NAAQS by that 
date.
    Comment 2: Earthjustice argues that even if the EPA had discretion 
to reclassify the South Coast area under section 188(b)(1), a December 
31, 2018 deadline for the Serious Area plan is ``arbitrary in the 
extreme'' and inconsistent with other deadlines that EPA has proposed 
to establish. First, Earthjustice asserts that the EPA's proposed 
deadline ignores the statutory requirement to demonstrate attainment by 
the most expeditious attainment date and allows the District to 
``assume the maximum amount of time without any such demonstration.'' 
Second, Earthjustice claims that the EPA's proposed approach 
``undermines the strict schedule established in subpart 4'' and cannot 
be reconciled with either December 14, 2016 or December 31, 2017, the 
statutory SIP submission deadlines that allegedly apply following 
voluntary reclassification or failure to attain, respectively. Third, 
Earthjustice argues that there is no basis for claiming that the 
District needs 3 years to prepare a serious area plan, in light of the 
18-month deadlines in sections 189(a)(2)(B) and 189(b)(2) for moderate 
area plans and serious area plans, respectively, and the 18-month 
timeframe allowed in section 179(a) for states to cure disapprovals or 
failures to submit. Finally, Earthjustice argues that the proposed 
deadline is internally inconsistent with other components of the EPA's 
proposal, including the requirements for RFP and quantitative 
milestones, and undermines the EPA's and the public's ability to ensure 
timely compliance with these requirements.
    Response 2: We disagree with the commenter's argument that the 
outside deadline for submitting a Serious area attainment plan for the 
2006 PM2.5 NAAQS following discretionary reclassification is 
December 14, 2016. This argument is premised on the commenter's 
assertion that the EPA's discretionary authority to reclassify the area 
under CAA section 188(b)(1) was available only within three years after 
the area's designation as nonattainment (i.e., until December 14, 
2012), and that CAA section 189(b)(2) established a deadline 4 years 
after this date (December 14, 2016) for the State to submit its Serious 
area attainment plan. The EPA did not reclassify the South Coast area 
by December 14, 2012 and was not obligated to do so under CAA section 
188(b)(1), as explained above in Response 1. Thus, section 189(b)(2) 
does not establish a December 14, 2016 outer deadline for submission of 
the Serious area attainment plan.
    Upon further consideration and in light of the specific 
circumstances in the South Coast PM2.5 nonattainment area, 
however, the EPA is exercising its discretion to establish a deadline 
of 18 months from the effective date of this final reclassification 
action for the State to submit all required components of the Serious 
Area plan for the 2006 PM2.5 NAAQS in the South Coast air 
basin. An 18-month deadline for submission of these SIP elements is 
appropriate in this instance because it both enables the EPA to 
evaluate the required attainment plan well before the outermost 
attainment date applicable to the area under CAA section 188(c)(2) and 
enables the State to develop its strategy for attaining the 2006 
PM2.5 NAAQS in conjunction with its development of a plan to 
provide for attainment of the 2012 primary annual PM2.5 
NAAQS in this same area, which is due October 15, 2016.\24\ Although 
the State's obligations with respect to implementation of a Moderate 
area plan for the 2012 PM2.5 NAAQS are separate and distinct 
from its obligations with respect to implementation of a Serious area 
plan for the 2006 PM2.5 NAAQS, it is reasonable in this 
instance to require the State to develop its control strategies for 
both PM2.5 NAAQS in the South Coast area in a similar 
timeframe, considering the benefits of streamlining these planning 
processes to the extent possible.
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    \24\ The EPA designated and classified the South Coast Air Basin 
as Moderate nonattainment for the 2012 primary annual 
PM2.5 NAAQS effective April 15, 2015. 80 FR 2206, 2215-16 
(January 15, 2015). Under CAA section 189(a)(2)(B), California is 
required to adopt and submit a plan to provide for attainment of 
these NAAQS within 18 months after the nonattainment designation, 
i.e., by October 15, 2016.
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    In addition, as the commenter notes, an 18-month deadline for 
submission of the Serious area plan is consistent with both the 
timeframe for initial Moderate area plan submissions upon designation 
of an area as nonattainment and the timeframe for Serious area plan 
submissions following an EPA determination of failure to attain and 
reclassification by operation of law under CAA section 188(b)(2).\25\ 
It is reasonable for the EPA to exercise its discretion to establish a 
similar SIP submission deadline in this instance, given the proximity 
of this action to the Moderate area attainment date (December 31, 2015) 
and the likelihood that, should the attainment date pass, the EPA would 
have to determine under section 188(b)(2) that the South Coast area 
failed to attain the PM2.5 NAAQS by that date. Although CAA 
section 189(b)(2) generally provides for up to 4 years after a 
discretionary reclassification for the State to submit the required 
attainment demonstration, we find it appropriate in this case to 
establish an earlier SIP submission deadline to assure timely 
implementation of the statutory requirements.\26\ Furthermore, the 18-
month SIP submission deadline that we are finalizing in this action 
requires California to submit its Serious Area plan for the South Coast 
area before the statutory SIP submission deadline that would apply upon 
reclassification by operation of law under section 188(b)(2).\27\
---------------------------------------------------------------------------

    \25\ CAA 189(a)(2)(B) and 189(b)(2).
    \26\ Section 189(b)(2) establishes outer bounds on the SIP 
submission deadlines and does not preclude the EPA's establishment 
of earlier deadlines as necessary or appropriate to assure 
consistency among the required submissions and to implement the 
statutory requirements, including the requirement that attainment be 
as expeditious as practicable.
    \27\ Under CAA section 188(b)(2), the EPA must determine within 
6 months after the applicable attainment date whether the area 
attained the NAAQS by that date. If the EPA determines that a 
Moderate Area is not in attainment after the applicable attainment 
date, the area is reclassified by operation of law as a Serious 
Area, and the Serious Area attainment plan is due within 18 months 
after such reclassification. CAA sections 188(b)(2) and 189(b)(2).
---------------------------------------------------------------------------

IV. Final Action

A. Reclassification as Serious Nonattainment and Applicable Attainment 
Date

    In accordance with section 188(b)(1) of the Act, the EPA is taking 
final action to reclassify the South Coast area from Moderate to 
Serious nonattainment for the 2006 24-hour PM2.5 standards 
of 35 [mu]g/m\3\, based on the EPA's determination that the South Coast 
area cannot practicably attain these standards by the applicable 
attainment date of December 31, 2015.
    Under section 188(c)(2) of the Act, the attainment date for a 
Serious area ``shall be as expeditiously as practicable but no later 
than the end of the tenth calendar year beginning after the area's 
designation as nonattainment. . . .'' The South Coast area was 
designated nonattainment for the 2006 PM2.5 standards 
effective December 14, 2009.\28\ Therefore, as a result of our 
reclassification of the South Coast area as a Serious nonattainment 
area, the attainment date under section 188(c)(2) of the Act for the 
2006 PM2.5 standards in this area is as expeditiously as 
practicable but no later than December 31, 2019.
---------------------------------------------------------------------------

    \28\ See 74 FR 58688 (November 13, 2009).

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

[[Page 1518]]

B. Reclassification of Reservation Areas of Indian Country

    Seven Indian tribes are located within the boundaries of the South 
Coast PM2.5 nonattainment area: the Cahuilla Band of 
Indians, the Morongo Band of Cahuilla Mission Indians, the Pechanga 
Band of Luiseno Mission Indians of the Pechanga Reservation, the Ramona 
Band of Cahuilla, the San Manuel Band of Serrano Mission Indians of the 
San Manuel Reservation, the Santa Rosa Band of Cahuilla Indians, and 
the Soboba Band of Luiseno Indians.
    We have considered the relevance of our final action to reclassify 
the South Coast nonattainment area as Serious nonattainment for the 
2006 PM2.5 standards to each tribe located within the South 
Coast area. As discussed in more detail in our proposed rule, we 
believe that the same facts and circumstances that support the 
reclassification for the non-Indian country lands also support 
reclassification for reservation areas of Indian country \29\ and any 
other areas of Indian country where the EPA or a tribe has demonstrated 
that the tribe has jurisdiction located within the South Coast 
nonattainment area.\30\ In this final action, the EPA is therefore 
exercising our authority under CAA section 188(b)(1) to reclassify 
reservation areas of Indian country and any other areas of Indian 
country where the EPA or a tribe has demonstrated that the tribe has 
jurisdiction geographically located in the South Coast nonattainment 
area. Section 188(b)(1) broadly authorizes the EPA to reclassify a 
nonattainment area---including any such area of Indian country located 
within such area---that the EPA determines cannot practicably attain 
the relevant standard by the applicable attainment date.
---------------------------------------------------------------------------

    \29\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to: 
``(a) all land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and, including rights-of-way running through 
the reservation, (b) all dependent Indian communities within the 
borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a state, and (c) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same.''
    \30\ See 80 FR 63640, at 63659, 63660 (October 20, 2015).
---------------------------------------------------------------------------

    In light of the considerations outlined above and in our proposed 
rulemaking that support retention of a uniformly-classified 
PM2.5 nonattainment area, and our finding that it is 
impracticable for the area to attain by the applicable attainment date, 
we are finalizing our reclassification of the reservation areas of 
Indian country and any other areas of Indian country where the EPA or a 
tribe has demonstrated that the tribe has jurisdiction within the South 
Coast nonattainment area to Serious for the 2006 PM2.5 
NAAQS.
    The effect of reclassification would be to lower the applicable 
``major stationary source'' emissions thresholds for direct 
PM2.5 and PM2.5 precursors for purposes of the 
NNSR program and the Title V operating permit program (CAA sections 
189(b)(3) and 501(2)(B)), thus subjecting more new or modified 
stationary sources to these requirements. The reclassification may also 
lower the de minimis threshold under the CAA's General Conformity 
requirements (40 CFR part 93, subpart B) from 100 tpy to 70 tpy. Under 
the General Conformity requirements (40 CFR part 93, subpart B), 
federal agencies bear the responsibility of determining conformity of 
actions in nonattainment and maintenance areas that require federal 
permits, approvals, or funding. Such permits, approvals or funding by 
federal agencies for projects in these areas of Indian country may be 
more difficult to obtain because of the lower de minimis thresholds.
    Given the potential implications of the reclassification, the EPA 
contacted tribal officials to invite government-to-government 
consultation on this rulemaking effort.\31\ The EPA did not receive 
requests for consultation or comments on our proposed rule from any 
tribe. We continue to invite Indian tribes in the South Coast to 
contact the EPA with any questions about the effects of this 
reclassification on tribal interests and air quality. We note that 
although eligible tribes may opt to seek EPA approval of relevant 
tribal programs under the CAA, none of the affected tribes will be 
required to submit an implementation plan to address this 
reclassification.
---------------------------------------------------------------------------

    \31\ As discussed in more detail in our proposed rule, the EPA 
sent letters to tribal officials inviting government-to-government 
consultation. The letters can be found in the docket.
---------------------------------------------------------------------------

C. PM2.5 Serious Area SIP Requirements

    As a consequence of our reclassification of the South Coast area as 
a Serious nonattainment area for the 2006 PM2.5 NAAQS, 
California is required to submit additional SIP revisions to satisfy 
the statutory requirements that apply to Serious areas, including the 
requirements of subpart 4 of part D, title I of the Act.
    The Serious area SIP elements that California must submit within 18 
months of reclassification are as follows:
    1. Provisions to assure that BACM, including BACT for stationary 
sources, for the control of direct PM2.5 and 
PM2.5 precursors shall be implemented no later than 4 years 
after the area is reclassified (CAA section 189(b)(1)(B));
    2. A demonstration (including air quality modeling) that the plan 
provides for attainment as expeditiously as practicable but no later 
than December 31, 2019, or where the State is seeking an extension of 
the attainment date under section 188(e), a demonstration that 
attainment by December 31, 2019 is impracticable and that the plan 
provides for attainment by the most expeditious alternative date 
practicable (CAA sections 188(c)(2) and 189(b)(1)(A));
    3. Plan provisions that require reasonable further progress (RFP) 
(CAA section 172(c)(2));
    4. Quantitative milestones which are to be achieved every 3 years 
until the area is redesignated attainment and which demonstrate RFP 
toward attainment by the applicable date (CAA section 189(c));
    5. Provisions to assure that control requirements applicable to 
major stationary sources of PM2.5 also apply to major 
stationary sources of PM2.5 precursors, except where the 
State demonstrates to the EPA's satisfaction that such sources do not 
contribute significantly to PM2.5 levels that exceed the 
standard in the area (CAA section 189(e));
    6. A comprehensive, accurate, current inventory of actual emissions 
from all sources of direct PM2.5 and all PM2.5 
precursors in the area (CAA section 172(c)(3));
    7. Contingency measures to be implemented if the area fails to meet 
RFP or to attain by the applicable attainment date (CAA section 
172(c)(9)); and
    8. A revision to the NNSR program to establish appropriate ``major 
stationary source'' \32\ thresholds for direct PM2.5 and 
PM2.5 precursors (CAA section 189(b)(3)).
---------------------------------------------------------------------------

    \32\ For any Serious area, the terms ``major source'' and 
``major stationary source'' include any stationary source that emits 
or has the potential to emit at least 70 tons per year of 
PM10 (CAA section 189(b)(3)).
---------------------------------------------------------------------------

    Section 189(b)(2) states, in relevant part, that the State must 
submit the required BACM provisions ``no later than 18 months after 
reclassification of the area as a Serious Area'' and must submit the 
required attainment demonstration ``no later than 4 years after 
reclassification of the area to Serious.'' As stated above in section 
I, the EPA proposed to require the State to submit certain elements of 
the Serious area plan within 18 months of reclassification and other 
elements within 3 years of reclassification. For

[[Page 1519]]

the reasons provided in Section III of this preamble (Public Comments 
and EPA Responses), the EPA is requiring the State to adopt and submit 
all required components of the Serious Area plan for the South Coast 
area, including NNSR SIP revisions to address the statutory 
requirements for Serious areas under subpart 4, no later than 18 months 
after the effective date of this reclassification.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it relates to a designation of an area for air 
quality purposes and will reclassify the South Coast from its current 
air quality designation of Moderate nonattainment to Serious 
nonattainment for the 2006 PM2.5 NAAQS.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action does not contain any information collection 
activities.

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. The final 
rule requires the state to adopt and submit SIP revisions to satisfy 
the statutory requirements that apply to Serious areas, and would not 
itself directly regulate any small entities (see section III.C of this 
final rule).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more and does not significantly or uniquely affect small 
governments, as described in UMRA (2 U.S.C. 1531-1538). This action 
itself imposes no enforceable duty on any state, local, or tribal 
governments, or the private sector. The final action reclassifies the 
South Coast nonattainment area as Serious nonattainment for the 2006 
PM2.5 NAAQS, which triggers existing statutory duties for 
the state to submit SIP revisions. Such a reclassification in and of 
itself does not impose any federal intergovernmental mandate. The final 
action does not require any tribes to submit implementation plans.

E. Executive Order 13132: Federalism

    This action does not have federalism implications.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    This action may have tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. Seven Indian tribes are 
located within the boundaries of the South Coast nonattainment area for 
the 2006 PM2.5 NAAQS: the Cahuilla Band of Indians, the 
Morongo Band of Cahuilla Mission Indians, the Pechanga Band of Luiseno 
Mission Indians of the Pechanga Reservation, the Ramona Band of 
Cahuilla, the San Manuel Band of Serrano Mission Indians of the San 
Manuel Reservation, the Santa Rosa Band of Cahuilla Indians, and the 
Soboba Band of Luiseno Indians. We note that only one of the tribes 
located in the South Coast nonattainment area (the Pechanga Band of 
Luiseno Mission Indians of the Pechanga Reservation) has requested 
eligibility to administer programs under the Clean Air Act. This final 
action affects the EPA's implementation of the new source review 
program because of the lower ``major stationary source'' threshold 
triggered by reclassification (CAA 189(b)(3)). The final action may 
also affect new or modified stationary sources proposed in these areas 
that require federal permits, approvals, or funding. Such projects are 
subject to the requirements of the EPA's General Conformity rule, and 
federal permits, approvals, or funding for the projects may be more 
difficult to obtain because of the lower de minimis thresholds 
triggered by reclassification.
    Given these potential implications, consistent with the EPA Policy 
on Consultation and Coordination with Indian Tribes, the EPA contacted 
tribal officials early in the process of developing this regulation to 
permit them to have meaningful and timely input into its development. 
The EPA invited tribal officials to consult during the development of 
the proposed rule and following signature of the proposed rule. As 
discussed in more detail in our proposed action, we sent letters to 
leaders of the tribes with areas of Indian country in the South Coast 
nonattainment area inviting government-to-government consultation on 
the rulemaking effort. No Indian tribe has expressed an interest in 
discussing this action with the EPA. We continue to invite Indian 
tribes in the South Coast to contact the EPA with any questions about 
the effects of this reclassification on tribal interests and air 
quality.

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

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) 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. This 
action is not subject to Executive Order 13045 because it reclassifies 
the South Coast nonattainment area as Serious nonattainment for the 
2006 PM2.5 NAAQS, which triggers additional Serious area 
planning requirements under the CAA. This action does not establish an 
environmental standard intended to mitigate health or safety risks.

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

    This final 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

    This action is not subject to the requirements of Section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) because it does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action reclassifies the South Coast 
nonattainment area as Serious nonattainment for the 2006 
PM2.5 NAAQS, which triggers additional Serious area planning 
requirements under the CAA.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement

[[Page 1520]]

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 rule 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). This rule will be effective on February 
12, 2016.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 14, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Air pollution control, Incorporation by reference, 
Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, Incorporation by 
reference.

    Dated: December 22, 2015.
Jared Blumenfeld,
Regional Administrator, Region 9.
    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. Section 52.245 is amended by adding paragraph (d) to read as 
follows:


Sec.  52.245  New Source Review rules.

* * * * *
    (d) By August 14, 2017, the New Source Review rules for 
PM2.5 for the South Coast Air Quality Management District 
must be revised and submitted as a SIP revision. The rules must satisfy 
the requirements of sections 189(b)(3) and 189(e) and all other 
applicable requirements of the Clean Air Act for implementation of the 
2006 PM2.5 NAAQS.

0
3. Section 52.247 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.247  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (e) By August 14, 2017, California must adopt and submit a Serious 
Area plan to provide for attainment of the 2006 PM2.5 NAAQS 
in the South Coast PM2.5 nonattainment area. The Serious 
Area plan must include emissions inventories, an attainment 
demonstration, best available control measures, a reasonable further 
progress plan, quantitative milestones, contingency measures, and such 
other measures as may be necessary or appropriate to provide for 
attainment of the 2006 PM2.5 NAAQS by the applicable 
attainment date, in accordance with the requirements of subparts 1 and 
4 of part D, title I of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

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


0
5. Section 81.305 is amended in the table titled ``California--2006 24-
Hour PM2.5 NAAQS [Primary and secondary],'' by revising the 
entries under ``Los Angeles-South Coast Air Basin, CA.''


Sec.  81.305  California.

* * * * *


Sec.  81.305  California.

* * * * *

                                      California--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                             Designation \a\                          Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date \1\              Type              Date \2\               Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Los Angeles-South Coast Air
 Basin, CA:
    Los Angeles County (part)..  ..................  Nonattainment.....  02/12/16..........  Serious.

[[Page 1521]]

 
    That portion of Los Angeles  ..................  Nonattainment.....  02/12/16..........  Serious.
     County which lies south
     and west of a line
     described as follows:
     Beginning at the Los
     Angeles-San Bernardino
     County boundary and
     running west along the
     Township line common to
     Township 3 North and
     Township 2 North, San
     Bernardino Base and
     Meridian; then North along
     the range line common to
     Range 8 West and Range 9
     West; then west along the
     Township line common to
     Township 4 North and
     Township 3 North; then
     north along the range line
     common to Range 12 West
     and Range 13 West to the
     southeast corner of
     Section 12, Township 5
     North and Range 13 West;
     then west along the south
     boundaries of Sections 12,
     11, 10, 9, 8, and 7,
     Township 5 North and Range
     13 West to the boundary of
     the Angeles National
     Forest which is collinear
     with the range line common
     to Range 13 West and Range
     14 West; then north and
     west along the Angeles
     National Forest boundary
     to the point of
     intersection with the
     Township line common to
     Township 7 North and
     Township 6 North (point is
     at the northwest corner of
     Section 4 in Township 6
     North and Range 14 West);
     then west along the
     Township line common to
     Township 7 North and
     Township 6 North; then
     north along the range line
     common to Range 15 West
     and Range 16 West to the
     southeast corner of
     Section 13, Township 7
     North and Range 16 West;
     then along the south
     boundaries of Sections 13,
     14, 15, 16, 17 and 18,
     Township 7 North and Range
     16 West; then north along
     the range line common to
     Range 16 West and Range 17
     West to the north boundary
     of the Angeles National
     Forest (collinear with the
     Township line common to
     Township 8 North and
     Township 7 North); then
     west and north along the
     Angeles National Forest
     boundary to the point of
     intersection with the
     south boundary of the
     Rancho La Liebre Land
     Grant; then west and north
     along this land grant
     boundary to the Los
     Angeles-Kern County
     boundary.
Orange County..................  ..................  Nonattainment.....  02/12/16..........  Serious.
Riverside County (part)........  ..................  Nonattainment.....  02/12/16..........  Serious.

[[Page 1522]]

 
    That portion of Riverside    ..................  Nonattainment.....  02/12/16..........  Serious.
     County which lies to the
     west of a line described
     as follows: Beginning at
     the Riverside-San Diego
     County boundary and
     running north along the
     range line common to Range
     4 East and Range 3 East,
     San Bernardino Base and
     Meridian; then east along
     the Township line common
     to Township 8 South and
     Township 7 South; then
     north along the range line
     common to Range 5 East and
     Range 4 East; then west
     along the Township line
     common to Township 6 South
     and Township 7 South to
     the southwest corner of
     Section 34, Township 6
     South, Range 4 East; then
     north along the west
     boundaries of Sections 34,
     27, 22, 15, 10, and 3,
     Township 6 South, Range 4
     East; then west along the
     Township line common to
     Township 5 South and
     Township 6 South; then
     north along the range line
     common to Range 4 East and
     Range 3 East; then west
     along the south boundaries
     of Sections 13, 14, 15,
     16, 17, and 18, Township 5
     South, Range 3 East; then
     north along the range line
     common to Range 2 East and
     Range 3 East; to the
     Riverside-San Bernardino
     County Line (excluding the
     lands of the Santa Rosa
     Band of Cahuilla Mission
     Indians).
    That part of the lands of    ..................  Nonattainment.....  02/12/16..........  Serious.
     the Santa Rosa Band of
     Cahuilla Mission Indians
     which is excluded from the
     Riverside County (part)
     nonattainment area.
San Bernardino County (part)...  ..................  Nonattainment.....  02/12/16..........  Serious.
    That portion of San          ..................  Nonattainment.....  02/12/16..........  Serious.
     Bernardino County which
     lies south and west of a
     line described as follows:
     Beginning at the San
     Bernardino-Riverside
     County boundary and
     running north along the
     range line common to Range
     3 East and Range 2 East,
     San Bernardino Base and
     Meridian; then west along
     the Township line common
     to Township 3 North and
     Township 2 North to the
     San Bernardino-Los Angeles
     County boundary.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2015-33304 Filed 1-12-16; 8:45 am]
BILLING CODE 6560-50-P



                                                  1514             Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations

                                                  ENVIRONMENTAL PROTECTION                                Agency, Region 9, (415) 947–4192,                      standards, and the recent trends in the
                                                  AGENCY                                                  tax.wienke@epa.gov.                                    South Coast area’s 24-hour PM2.5 levels
                                                                                                          SUPPLEMENTARY INFORMATION:                             are not consistent with a projection of
                                                  40 CFR Parts 52 and 81                                  Throughout this document, ‘‘we,’’ ‘‘us’’               attainment by the end of 2015.3
                                                                                                          and ‘‘our’’ refer to EPA.                                 In the proposed rule, we explained
                                                  [EPA–R09–OAR–2015–0204; FRL–9940–84–
                                                  Region 9]                                                                                                      that under section 188(c)(2) of the Act,
                                                                                                          Table of Contents                                      the attainment date for a Serious area
                                                  Designation of Areas for Air Quality                    I. Proposed Action                                     ‘‘shall be as expeditiously as practicable
                                                  Planning Purposes; California; South                    II. Summary of Final Action                            but no later than the end of the tenth
                                                  Coast; Reclassification as Serious                      III. Public Comments and EPA Responses                 calendar year beginning after the area’s
                                                                                                          IV. Final Action                                       designation as nonattainment. . . .’’ The
                                                  Nonattainment for the 2006 PM2.5                           A. Reclassification as Serious
                                                  NAAQS                                                                                                          South Coast was designated
                                                                                                                Nonattainment and Applicable
                                                                                                                Attainment Dates
                                                                                                                                                                 nonattainment for the 2006 PM2.5
                                                  AGENCY:  Environmental Protection                                                                              NAAQS effective December 14, 2009.4
                                                                                                             B. Reclassification of Reservation Areas of
                                                  Agency (EPA).                                                 Indian Country                                   Therefore, as a result of our
                                                  ACTION: Final rule.                                        C. PM2.5 Serious Area SIP Requirements              reclassification of the South Coast area
                                                                                                          V. Statutory and Executive Order Reviews               as a Serious nonattainment area, the
                                                  SUMMARY:    The Environmental Protection                                                                       attainment date under section 188(c)(2)
                                                  Agency (EPA) is taking final action to                  I. Proposed Action
                                                                                                                                                                 of the Act for the 2006 PM2.5 NAAQS in
                                                  reclassify the Los Angeles-South Coast                     On October 20, 2015 (80 FR 63640),                  this area is as expeditiously as
                                                  Air Basin (South Coast) Moderate PM2.5                  the EPA proposed to approve portions                   practicable but no later than December
                                                  nonattainment area, including areas of                  of California’s Moderate area plan to                  31, 2019.
                                                  Indian country within it, as a Serious                  address the 2006 primary and secondary                    Our proposed rule also identified the
                                                  nonattainment area for the 2006 PM2.5                   24-hour PM2.5 NAAQS in the South                       Serious area attainment plan elements
                                                  national ambient air quality standards                  Coast and to reclassify the South Coast                that California would, upon
                                                  (NAAQS), based on the EPA’s                             nonattainment area, including areas of                 reclassification, have to submit to satisfy
                                                  determination that the area cannot                      Indian country within it, from Moderate                the statutory requirements that apply to
                                                  practicably attain these NAAQS by the                   to Serious nonattainment for these                     Serious areas, including the
                                                  applicable attainment date of December                  standards, based on the EPA’s                          requirements of subpart 4 of part D, title
                                                  31, 2015. As a consequence of this                      determination that the area cannot                     I of the Act.5 The EPA explained that
                                                  reclassification, California must submit,               practicably attain these NAAQS by the                  under section 189(b)(2) of the Act, the
                                                  no later than 18 months from the                        applicable attainment date of December                 State must submit the required
                                                  effective date of this reclassification,                31, 2015.1 Under section 188(b)(1) of the              provisions to implement best available
                                                  nonattainment new source review                         CAA, prior to an area’s attainment date,               control measures (BACM), including
                                                  (NNSR) program revisions and a Serious                  the EPA has discretionary authority to                 best available control technology
                                                  area attainment plan including a                        reclassify as a Serious nonattainment                  (BACT), no later than 18 months after
                                                  demonstration that the plan provides for                area ‘‘any area that the Administrator                 reclassification and must submit the
                                                  attainment of the 2006 24-hour PM2.5                    determines cannot practicably attain’’                 required attainment demonstration no
                                                  standards in the South Coast area as                    the PM2.5 NAAQS by the Moderate area                   later than 4 years after reclassification.
                                                  expeditiously as practicable and no later               attainment date.2 As part of our                       We noted, however, that section
                                                  than December 31, 2019.                                 proposed action, we reviewed recent                    189(b)(2) establishes outer bounds on
                                                  DATES: This rule is effective on February               PM2.5 monitoring data for the South                    the SIP submission deadlines and does
                                                  12, 2016.                                               Coast available in EPA’s Air Quality                   not preclude the EPA’s establishment of
                                                                                                          System (AQS) database. These data                      earlier deadlines as necessary or
                                                  ADDRESSES: The EPA has established
                                                                                                          show that 24-hour PM2.5 levels in the                  appropriate to assure consistency among
                                                  docket number EPA–R09–OAR–2015–
                                                                                                          South Coast continue to be above 35 mg/                the required submissions and to
                                                  0204 for this action. Generally,
                                                                                                          m3, the level of the 2006 PM2.5                        implement the statutory requirements in
                                                  documents in the docket for this action
                                                  are available electronically at http://                                                                        a timely manner to ensure expeditious
                                                                                                             1 See proposed rule at 80 FR 63640 (October 20,
                                                  www.regulations.gov or in hard copy at                                                                         attainment of the NAAQS.6 Because an
                                                                                                          2015) for a more detailed discussion of the
                                                  EPA Region IX, 75 Hawthorne Street,                     background for this action, including the history of   up-to-date emissions inventory serves as
                                                  San Francisco, California 94105–3901.                   the PM2.5 NAAQS established in 2006, health            the foundation for a state’s BACM and
                                                                                                          effects and sources of PM2.5, designation of the SJV   BACT determinations, the EPA
                                                  While all documents in the docket are                   as nonattainment for the PM2.5 standards, and the
                                                  listed at http://www.regulations.gov,                   EPA’s actions on the submittals from the state of        3 The PM
                                                                                                                                                                              2.5 monitoring data that EPA reviewed
                                                  some information may be publicly                        California to address the nonattainment area
                                                                                                          planning requirements for the 2006 PM2.5 NAAQS         indicate that 24-hour PM2.5 design values are at 38
                                                  available only at the hard copy location                                                                       ug/m3 in the South Coast, above the level of the
                                                                                                          in the SJV.
                                                  (e.g., copyrighted material, large maps,                   2 Section 188(b)(1) of the Act is a general         2006 PM2.5 NAAQS (35 ug/m3). EPA also calculated
                                                  multi-volume reports), and some may                     expression of delegated rulemaking authority. See      ‘‘maximum allowed’’ 2015 98th percentile
                                                  not be publicly available in either                     ‘‘State Implementation Plans; General Preamble for     concentrations that would enable the area to attain
                                                                                                          the Implementation of Title I of the Clean Air Act     the 2006 24-hour PM2.5 NAAQS by the end of 2015
                                                  location (e.g., confidential business                                                                          and found that even conservative estimates of the
                                                                                                          Amendments of 1990,’’ 57 FR 13498 (April 16,
                                                  information (CBI)). To inspect the                      1992) (hereafter ‘‘General Preamble’’) at 13537, n.    98th percentile concentration in 2015 at two
                                                  docket materials in person, please
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                                                                                                          15. Although subparagraphs (A) and (B) of section      monitoring sites—Rubidoux and Mira Loma-Van
                                                  schedule an appointment during normal                   188(b)(1) contain specific timeframes for EPA to       Buren—were greater than the ‘‘maximum allowed’’
                                                                                                          reclassify any areas that it determines cannot         concentration. See 80 FR 63640, 63653 (October 20,
                                                  business hours with the contact listed in                                                                      2015) and Memorandum dated August 21, 2015,
                                                                                                          practicably attain the PM standards by the
                                                  the FOR FURTHER INFORMATION CONTACT                     applicable attainment date, these subparagraphs do     Michael Flagg, US EPA Region 9, Air Quality
                                                  section.                                                not restrict the general authority to reclassify an    Analysis Office.
                                                                                                                                                                   4 74 FR 58688 (November 13, 2009).
                                                                                                          area, as appropriate, at any time before the
                                                  FOR FURTHER INFORMATION CONTACT:                                                                                 5 See proposed rule at 80 FR 63640 (October 20,
                                                                                                          attainment date but simply specify that, at a
                                                  Wienke Tax, Air Planning Office (AIR–                   minimum, the EPA’s authority must be exercised at      2015).
                                                  2), U.S. Environmental Protection                       certain times. See id.                                   6 Id. at 63658.




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                                                                   Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations                                                    1515

                                                  proposed to require the State to submit                 III. Public Comments and EPA                           General Preamble,8 which states that
                                                  the emissions inventory required under                  Responses                                              ‘‘[f]or areas designated nonattainment
                                                  CAA section 172(c)(3) within 18 months                                                                         after enactment of the 1990 [Clean Air
                                                                                                             Because we are finalizing only our
                                                  after the effective date of final                                                                              Act Amendments], EPA must reclassify
                                                                                                          proposal to reclassify the South Coast
                                                  reclassification. Similarly, because an                                                                        appropriate areas as serious within 18
                                                                                                          area as Serious nonattainment for the
                                                  effective evaluation of BACM and BACT                                                                          months of the required submittal date
                                                                                                          2006 PM2.5 NAAQS, we are responding
                                                  requires evaluation of the precursor                                                                           for the moderate area SIP’’ and that,
                                                                                                          only to comments pertaining to the
                                                  pollutants that must be controlled to                                                                          read together with the statutory
                                                                                                          reclassification and its consequences.                 requirement to submit such SIPs within
                                                  provide for expeditious attainment, the
                                                                                                          The EPA received several comment                       18 months after nonattainment
                                                  EPA proposed to require the State to
                                                                                                          letters on our proposed actions, only                  designations, the Act requires EPA to
                                                  submit any optional precursor
                                                                                                          one of which contains comments                         reclassify these areas as serious within
                                                  insignificance demonstrations by this
                                                                                                          relevant to the reclassification. The                  three years of the nonattainment
                                                  same date. The EPA proposed to require
                                                                                                          comment letter was submitted by                        designation.
                                                  the State to submit the attainment
                                                                                                          Earthjustice on behalf of the Center for                  Response 1: We disagree with the
                                                  demonstration required under section
                                                                                                          Biological Diversity, Coalition for Clean              commenter’s argument that the EPA’s
                                                  189(b)(1)(A) and all other attainment-
                                                                                                          Air, Communities for a Better                          discretionary authority in section
                                                  related plan elements for the South
                                                                                                          Environment, East Yard Communities                     188(b)(1) is limited to the timeframes set
                                                  Coast area no later than three years after
                                                                                                          for Environmental Justice, and Sierra                  forth in sections 188(b)(1)(A) and (B).
                                                  the effective date of final reclassification
                                                                                                          Club (‘‘Earthjustice’’) on November 19,                   The EPA is reclassifying the South
                                                  or by December 31, 2018, whichever is
                                                                                                          2015, prior to the close of the comment                Coast area as Serious nonattainment
                                                  earlier.
                                                                                                          period on our proposal.7                               pursuant to the general authority in
                                                     With respect to the nonattainment
                                                                                                             We summarize and respond to the                     CAA section 188(b)(1),9 not pursuant to
                                                  new source review (NNSR) program
                                                                                                          relevant comments below. In a separate                 section 188(b)(1)(B). As explained in the
                                                  revisions to establish appropriate
                                                                                                          rulemaking, we will take final action on               1992 General Preamble, ‘‘[u]nder the
                                                  ‘‘major stationary source’’ thresholds for
                                                                                                          California’s submitted Moderate area                   plain meaning of the terms of section
                                                  direct PM2.5 and PM2.5 precursors in
                                                                                                          plan for the 2006 PM2.5 NAAQS in the                   188(b)(1), EPA has general discretion to
                                                  accordance with CAA section 189(b)(3),
                                                                                                          South Coast and will respond to                        reclassify at any time before the
                                                  the EPA proposed to require the State to
                                                                                                          comments pertaining to our proposed                    applicable attainment date any area
                                                  submit these NNSR SIP revisions for the
                                                                                                          action on the submitted plan at that                   EPA determines cannot practicably
                                                  South Coast area no later than 18
                                                                                                          time.                                                  attain the standards by such date’’
                                                  months after the effective date of final
                                                                                                             Comment 1: Earthjustice argues that                 (emphases added).10 With respect to the
                                                  reclassification.
                                                                                                          section 188(b)(1) establishes specific                 dates specified in subsections (A) and
                                                  II. Summary of Final Action                             outside deadlines for the EPA’s                        (B) of section 188(b)(1), the EPA
                                                                                                          reclassification of appropriate areas as               specifically explained in the General
                                                     Today we are finalizing only our
                                                                                                          Serious nonattainment and ‘‘does not                   Preamble that ‘‘[t]hese subparagraphs do
                                                  proposal to reclassify the South Coast                                                                         not restrict the general authority [in
                                                  area as a Serious nonattainment area for                provide general authority to reclassify
                                                                                                          areas anytime EPA chooses before the                   section 188(b)(1)] but simply specify
                                                  the 2006 PM2.5 NAAQS. We are not                                                                               that, at a minimum, it must be exercised
                                                  taking final action at this time on our                 attainment deadline.’’ Citing CAA
                                                                                                          section 188(b)(1)(B), Earthjustice asserts             at certain times.’’11 This interpretation
                                                  proposal to approve elements of                                                                                of section 188(b)(1) as allowing the EPA
                                                  California’s Moderate area plan for the                 that the EPA’s discretionary authority to
                                                                                                          reclassify a Moderate area as a Serious                to reclassify moderate areas as serious
                                                  2006 PM2.5 NAAQS in the South Coast                                                                            ‘‘at any time EPA determines that an
                                                  and will complete that action at a later                area before the attainment deadline is
                                                                                                          available only within 18 months after                  area cannot practicably attain the
                                                  time.                                                                                                          standards by the applicable attainment
                                                                                                          the required date for the submission of
                                                     As a consequence of our                                                                                     date’’ facilitates the statutory objective
                                                                                                          a Moderate area SIP, which in turn is
                                                  reclassification of the South Coast area                                                                       of attaining the PM–10 standards—e.g.,
                                                                                                          due within 18 months after the area’s
                                                  as Serious nonattainment for the 2006                                                                          by ensuring that additional control
                                                                                                          designation as nonattainment. Because
                                                  PM2.5 NAAQS, California is required to                                                                         measures such as BACM are
                                                                                                          the South Coast area was designated
                                                  submit additional SIP revisions to                                                                             implemented sooner and by expediting
                                                                                                          nonattainment for the 2006 p.m.2.5
                                                  satisfy the statutory requirements that                                                                        the application of more stringent new
                                                                                                          NAAQS on December 14, 2009,
                                                  apply to Serious areas, including the                                                                          source review requirements.12 The EPA
                                                                                                          according to Earthjustice, the Moderate
                                                  requirements of subpart 4 of part D, title                                                                     reiterated this interpretation of section
                                                                                                          area SIP for the area was due June 14,
                                                  I of the Act. For the reasons provided in                                                                      188(b)(1) in the 1994 p.m.–10
                                                                                                          2011, and the ‘‘deadline for approving a
                                                  Section III of this preamble, the EPA is
                                                                                                          voluntary reclassification request’’ was
                                                  requiring the State to adopt and submit                                                                          8 ‘‘State Implementation Plans; General Preamble
                                                                                                          therefore December 14, 2012. Thus,
                                                  all required components of the Serious                                                                         for the Implementation of Title I of the Clean Air
                                                                                                          Earthjustice argues, ‘‘EPA no longer has               Act Amendments of 1990,’’ 57 FR 13498 (April 16,
                                                  Area plan for the South Coast area,
                                                                                                          authority under the statute to use                     1992) (the ‘‘General Preamble’’).
                                                  including nonattainment new source
                                                                                                          section 188(b)(1) to voluntarily                         9 Unlike the ‘‘voluntary reclassification’’
                                                  review (NNSR) SIP revisions to address                                                                         provision in CAA section 181(b)(3), which requires
                                                                                                          reclassify the South Coast basin and
                                                  the statutory requirements for Serious                                                                         EPA to grant the request of any state to reclassify
                                                                                                          provide four years for submission of a
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                                                  areas under subpart 4, no later than 18                                                                        an ozone nonattainment area in that state to a
                                                                                                          serious area plan.’’                                   higher classification, the ‘‘discretionary
                                                  months after the effective date of this                                                                        reclassification’’ provision in CAA section 188(b)(1)
                                                  reclassification.                                          In support of these arguments,
                                                                                                                                                                 grants EPA general authority to reclassify areas in
                                                                                                          Earthjustice quotes from EPA’s 1992                    accordance with the statutory criteria therein,
                                                     The attainment date under section
                                                                                                                                                                 independent of state requests.
                                                  188(c)(2) of the Act for the 2006 PM2.5                   7 See letter with attachments dated November 19,       10 General Preamble, 57 FR 13498, 13537 at n. 15
                                                  standards in this area is as expeditiously              2015 to Ms. Wienke Tax, US Environmental               (April 16, 1992).
                                                  as practicable but no later than                        Protection Agency Region 9, from Adriano L.              11 Id.

                                                  December 31, 2019.                                      Martinez, Earthjustice, Los Angeles Office.              12 General Preamble, 57 FR 13498, 13537.




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                                                  1516              Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations

                                                  Addendum 13 and in several                                later points in time before the                          additional areas after the timeframes
                                                  discretionary reclassification actions                    attainment date.18                                       specified in subsections (A) or (B).
                                                  subsequent to the 1990 CAA                                   Likewise, the EPA has long                            Thus, the fact that the EPA did not find
                                                  Amendments.14                                             interpreted section 188(b)(1)(B) as                      the South Coast area ‘‘appropriate’’ for
                                                     Specifically, with respect to areas                    establishing a ‘‘timeframe within which                  discretionary reclassification within the
                                                  designated nonattainment by operation                     EPA is to reclassify appropriate areas                   timeframe specified in section
                                                  of law upon enactment of the 1990 CAA                     designated nonattainment for PM–10                       188(b)(1)(B) does not preclude the EPA’s
                                                  Amendments (i.e., ‘‘initial’’ PM–10                       subsequent to enactment of the 1990                      discretionary reclassification of the area
                                                  nonattainment areas), the EPA’s                           Amendments’’ but not as a limitation on                  at a later date, based on a determination
                                                  longstanding interpretation of section                    EPA’s general authority to reclassify                    that the area cannot practicably attain
                                                  188(b)(1)(A) has been that ‘‘the amended                  such areas at any time before the                        the PM2.5 NAAQS by the applicable
                                                  Act specifies certain dates by which                      applicable attainment date.19 In the PM–                 attainment date.
                                                  EPA must propose to reclassify                            10 Addendum, the EPA reiterated its                         Furthermore, under the commenter’s
                                                  appropriate moderate areas as serious                     view that the directive in section                       interpretation of section 188(b)(1)(B),
                                                  . . . and take final action,’’ where the                  188(b)(1)(B) ‘‘does not restrict EPA’s                   the EPA would have no authority to
                                                  EPA determines that the area cannot                       general authority, but simply specifies                  reclassify a Moderate area to Serious at
                                                  ‘‘practicably’’ attain the PM–10 NAAQS                    that it is to be exercised, as appropriate,              any time between the date 3 years after
                                                  by December 31, 1994.15 The EPA                           in accordance with certain dates.’’ 20                   designation (18 months after the
                                                  further explained, however, that ‘‘EPA                    The EPA recently finalized a                             required date for the State’s submission
                                                  also has discretionary authority under                    discretionary reclassification action for                of a Moderate Area SIP) and the
                                                  section 188(b)(1) to reclassify any of                    a PM2.5 nonattainment shortly before the                 applicable attainment date, which under
                                                  these areas as serious at any time, if EPA                applicable attainment date, consistent                   section 188(c)(1) may be as late as the
                                                  determines they cannot practicably                        with this interpretation of CAA section                  end of the sixth calendar year after the
                                                  attain the PM–10 NAAQS by December                        188(b)(1).21                                             area’s designation as nonattainment.
                                                  31, 1994,’’ 16 and provided examples of                      The commenter quotes selectively                      Thus, for a period of up to 3 years, the
                                                  the circumstances that may warrant                        from a portion of the General Preamble                   EPA would be unable to reclassify such
                                                  such discretionary reclassification at a                  addressing areas designated                              an area to Serious in order to require the
                                                  later date—i.e., after the December 31,                   nonattainment after enactment of the                     State to adopt BACM measures and
                                                  1991 date specified in section                            1990 CAA Amendments but fails to                         other Serious Area plan elements, even
                                                  188(b)(1)(A).17 In the PM–10                              acknowledge both the more extensive                      if information before the Agency
                                                  Addendum, the EPA stated that                             discussion of section 188(b)(1) that                     indicated the area could not attain the
                                                  ‘‘[s]ection 188(b)(1)(A) provides an                      precedes the quoted text, as explained                   NAAQS by the moderate area
                                                  accelerated schedule by which EPA is to                   above, and the text in the PM–10                         attainment date. Such a reading of
                                                  reclassify appropriate initial PM–10                      Addendum that reiterates the Agency’s                    section 188(b)(1) would frustrate the
                                                  nonattainment areas’’ but reiterated the                  interpretation of section 188(b)(1)(B)                   Congressional intent to ensure that areas
                                                  Agency’s interpretation of section                        specifically. Moreover, both the                         that cannot attain the NAAQS in a
                                                  188(b)(1) as a general grant of authority                 statutory text in CAA section                            timely manner adopt the best available
                                                  to also reclassify initial PM–10 areas at                 188(b)(1)(B) and the interpretive                        controls and develop revised plans to
                                                                                                            language in the General Preamble that                    provide for expeditious attainment.
                                                     13 ‘‘State Implementation Plans for Serious PM–                                                                 EPA’s interpretation of section 188(b)(1)
                                                  10 Nonattainment Areas, and Attainment Date               the commenter quotes explicitly state
                                                                                                                                                                     as a general grant of discretionary
                                                  Waivers for PM–10 Nonattainment Areas Generally;          that the EPA’s obligation under CAA
                                                  Addendum to the General Preamble for the                                                                           reclassification authority is reasonable
                                                                                                            section 188(b)(1)(B) is to reclassify
                                                  Implementation of Title I of the Clean Air Act                                                                     in light of the overarching requirement
                                                                                                            ‘‘appropriate’’ areas within 18 months
                                                  Amendments of 1990,’’ 59 FR 41998, 41999 (August                                                                   in subpart 4 to ensure attainment of the
                                                  16, 1994) (the ‘‘PM–10 Addendum’’).                       after the required date for the State’s
                                                                                                                                                                     NAAQS as expeditiously as practicable.
                                                     14 See 58 FR 3334, 3336 (Jan. 8, 1993)(discharging     submission of a SIP for the Moderate
                                                  EPA’s statutory duty under section 188(b)(1)(A) to
                                                                                                                                                                        In sum, we disagree with the
                                                                                                            Area.22 Congress granted the EPA broad
                                                  ‘‘reclassify appropriate initial moderate PM–10                                                                    commenter’s contention that the EPA’s
                                                  nonattainment areas as serious by December 31,
                                                                                                            discretion to identify the areas that are                authority to reclassify a Moderate area
                                                  1991’’ but noting EPA’s broad discretion under            ‘‘appropriate’’ for such                                 as a Serious area under CAA section
                                                  section 188(b)(1) to reclassify additional areas at a     reclassification 23 and to reclassify                    188(b)(1) is available only within 18
                                                  later date); see also 80 FR 18528 (April 7, 2015)
                                                  (final discretionary reclassification of San Joaquin         18 PM–10 Addendum, 59 FR 41998, 41999
                                                                                                                                                                     months after the due date for the State’s
                                                  Valley for 1997 p.m.2.5 NAAQS signed March 27,                                                                     Moderate Area SIP. As the EPA
                                                                                                            (August 16, 1994) (‘‘In the future, EPA anticipates
                                                  2015).
                                                     15 General Preamble, 57 FR 13498, 13537. Under
                                                                                                            that, generally, any decision to reclassify an initial   explained in the General Preamble, in
                                                                                                            PM–10 nonattainment area before the attainment           the PM–10 Addendum, and in several
                                                  section 188(c)(1) of the Act, December 31, 1994 was       date will be based on specific facts or circumstances
                                                  the latest permissible Moderate area attainment date      demonstrating that the NAAQS cannot practicably
                                                                                                                                                                     actions reclassifying PM–10 and PM2.5
                                                  for an area designated nonattainment for PM–10 by         be attained by December 31, 1994 . . .’’).               nonattainment areas as Serious areas
                                                  operation of law under the 1990 CAA Amendments.              19 General Preamble, 57 FR at 13537 and PM–10         under CAA section 188(b)(1), the EPA
                                                     16 General Preamble, 57 FR 13498, 13537.
                                                     17 Id. (‘‘The EPA may exercise this discretion
                                                                                                            Addendum, 59 FR at 41999.                                has consistently interpreted section
                                                                                                               20 PM–10 Addendum, 59 FR 41998, 41999 at n.
                                                  where, for example, EPA originally believed an area                                                                188(b)(1) as a general expression of
                                                                                                            4 (August 16, 1994).
                                                  could attain the PM–10 NAAQS by December 31,                 21 See 80 FR 18528 (April 7, 2015) (final
                                                                                                                                                                     delegated rulemaking authority that
                                                  1994 but later determines that it cannot attain’’); see                                                            authorizes the Agency to reclassify any
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                                                  also 56 FR 58656, 58657 (Nov. 21, 1991)(noting that       discretionary reclassification of San Joaquin Valley
                                                  ‘‘EPA also has discretion to reclassify any of these      for 1997 p.m.2.5 NAAQS signed March 27, 2015).           Moderate area as a Serious area at any
                                                                                                               22 See CAA section 188(b)(1)(B) (requiring, for
                                                  areas as serious after December 31, 1991 (e.g., after
                                                  reviewing the State’s PM–10 SIP), if EPA                  areas designated nonattainment after enactment of        from Moderate to Serious under section
                                                  determines they cannot practicably attain the PM–         the 1990 CAA Amendments, that the Administrator          188(b)(1)(A), the Act does not specify what
                                                  10 NAAQS by December 31, 1994’’) and 58 FR                ‘‘reclassify appropriate areas’’ within 18 months        information EPA must consider in exercising the
                                                  3334, 3336 (Jan. 8, 1993) (noting that EPA may in         after the required date for the State’s submission of    authority delegated to it by section 188(b)(1) and
                                                  the future reclassify additional PM–10                    a SIP for the Moderate Area).                            thus grants EPA broad discretion to consider any
                                                  nonattainment areas using its discretionary                  23 As EPA explained in its 1993 reclassification of   relevant information, including information in SIP
                                                  authority in section 188(b)(1)).                          ‘‘appropriate’’ initial PM–10 nonattainment areas        submittals. 58 FR 3334, 3336 at n. 7 (Jan. 8, 1993).



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                                                                   Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations                                                   1517

                                                  time before the applicable attainment                   deadline for submission of the Serious                 area failed to attain the PM2.5 NAAQS
                                                  date, based on a determination that the                 area attainment plan.                                  by that date. Although CAA section
                                                  area cannot practicably attain the                         Upon further consideration and in                   189(b)(2) generally provides for up to 4
                                                  relevant NAAQS by that date.                            light of the specific circumstances in the             years after a discretionary
                                                     Comment 2: Earthjustice argues that                  South Coast PM2.5 nonattainment area,                  reclassification for the State to submit
                                                  even if the EPA had discretion to                       however, the EPA is exercising its                     the required attainment demonstration,
                                                  reclassify the South Coast area under                   discretion to establish a deadline of 18               we find it appropriate in this case to
                                                  section 188(b)(1), a December 31, 2018                  months from the effective date of this                 establish an earlier SIP submission
                                                  deadline for the Serious Area plan is                   final reclassification action for the State            deadline to assure timely
                                                  ‘‘arbitrary in the extreme’’ and                        to submit all required components of                   implementation of the statutory
                                                  inconsistent with other deadlines that                  the Serious Area plan for the 2006 PM2.5               requirements.26 Furthermore, the 18-
                                                  EPA has proposed to establish. First,                   NAAQS in the South Coast air basin. An                 month SIP submission deadline that we
                                                  Earthjustice asserts that the EPA’s                     18-month deadline for submission of                    are finalizing in this action requires
                                                  proposed deadline ignores the statutory                 these SIP elements is appropriate in this              California to submit its Serious Area
                                                  requirement to demonstrate attainment                   instance because it both enables the                   plan for the South Coast area before the
                                                  by the most expeditious attainment date                 EPA to evaluate the required attainment                statutory SIP submission deadline that
                                                  and allows the District to ‘‘assume the                 plan well before the outermost                         would apply upon reclassification by
                                                  maximum amount of time without any                      attainment date applicable to the area                 operation of law under section
                                                  such demonstration.’’ Second,                           under CAA section 188(c)(2) and                        188(b)(2).27
                                                  Earthjustice claims that the EPA’s                      enables the State to develop its strategy
                                                                                                                                                                 IV. Final Action
                                                  proposed approach ‘‘undermines the                      for attaining the 2006 PM2.5 NAAQS in
                                                  strict schedule established in subpart 4’’              conjunction with its development of a                  A. Reclassification as Serious
                                                  and cannot be reconciled with either                    plan to provide for attainment of the                  Nonattainment and Applicable
                                                  December 14, 2016 or December 31,                       2012 primary annual PM2.5 NAAQS in                     Attainment Date
                                                  2017, the statutory SIP submission                      this same area, which is due October 15,
                                                                                                                                                                    In accordance with section 188(b)(1)
                                                  deadlines that allegedly apply following                2016.24 Although the State’s obligations
                                                                                                                                                                 of the Act, the EPA is taking final action
                                                  voluntary reclassification or failure to                with respect to implementation of a
                                                                                                                                                                 to reclassify the South Coast area from
                                                  attain, respectively. Third, Earthjustice               Moderate area plan for the 2012 PM2.5
                                                                                                                                                                 Moderate to Serious nonattainment for
                                                  argues that there is no basis for claiming              NAAQS are separate and distinct from
                                                                                                                                                                 the 2006 24-hour PM2.5 standards of 35
                                                  that the District needs 3 years to prepare              its obligations with respect to
                                                                                                                                                                 mg/m3, based on the EPA’s
                                                  a serious area plan, in light of the 18-                implementation of a Serious area plan
                                                                                                                                                                 determination that the South Coast area
                                                  month deadlines in sections 189(a)(2)(B)                for the 2006 PM2.5 NAAQS, it is
                                                                                                                                                                 cannot practicably attain these
                                                  and 189(b)(2) for moderate area plans                   reasonable in this instance to require the             standards by the applicable attainment
                                                  and serious area plans, respectively, and               State to develop its control strategies for            date of December 31, 2015.
                                                  the 18-month timeframe allowed in                       both PM2.5 NAAQS in the South Coast
                                                                                                                                                                    Under section 188(c)(2) of the Act, the
                                                  section 179(a) for states to cure                       area in a similar timeframe, considering
                                                                                                                                                                 attainment date for a Serious area ‘‘shall
                                                  disapprovals or failures to submit.                     the benefits of streamlining these
                                                                                                                                                                 be as expeditiously as practicable but no
                                                  Finally, Earthjustice argues that the                   planning processes to the extent
                                                                                                                                                                 later than the end of the tenth calendar
                                                  proposed deadline is internally                         possible.
                                                                                                                                                                 year beginning after the area’s
                                                  inconsistent with other components of                      In addition, as the commenter notes,
                                                                                                                                                                 designation as nonattainment. . . .’’ The
                                                  the EPA’s proposal, including the                       an 18-month deadline for submission of
                                                                                                                                                                 South Coast area was designated
                                                  requirements for RFP and quantitative                   the Serious area plan is consistent with
                                                                                                                                                                 nonattainment for the 2006 PM2.5
                                                  milestones, and undermines the EPA’s                    both the timeframe for initial Moderate
                                                                                                                                                                 standards effective December 14,
                                                  and the public’s ability to ensure timely               area plan submissions upon designation
                                                                                                                                                                 2009.28 Therefore, as a result of our
                                                  compliance with these requirements.                     of an area as nonattainment and the
                                                                                                                                                                 reclassification of the South Coast area
                                                     Response 2: We disagree with the                     timeframe for Serious area plan
                                                                                                                                                                 as a Serious nonattainment area, the
                                                  commenter’s argument that the outside                   submissions following an EPA
                                                                                                                                                                 attainment date under section 188(c)(2)
                                                  deadline for submitting a Serious area                  determination of failure to attain and
                                                                                                                                                                 of the Act for the 2006 PM2.5 standards
                                                  attainment plan for the 2006 PM2.5                      reclassification by operation of law
                                                                                                                                                                 in this area is as expeditiously as
                                                  NAAQS following discretionary                           under CAA section 188(b)(2).25 It is
                                                                                                                                                                 practicable but no later than December
                                                  reclassification is December 14, 2016.                  reasonable for the EPA to exercise its
                                                                                                                                                                 31, 2019.
                                                  This argument is premised on the                        discretion to establish a similar SIP
                                                  commenter’s assertion that the EPA’s                    submission deadline in this instance,                     26 Section 189(b)(2) establishes outer bounds on
                                                  discretionary authority to reclassify the               given the proximity of this action to the              the SIP submission deadlines and does not preclude
                                                  area under CAA section 188(b)(1) was                    Moderate area attainment date                          the EPA’s establishment of earlier deadlines as
                                                  available only within three years after                 (December 31, 2015) and the likelihood                 necessary or appropriate to assure consistency
                                                                                                          that, should the attainment date pass,                 among the required submissions and to implement
                                                  the area’s designation as nonattainment                                                                        the statutory requirements, including the
                                                  (i.e., until December 14, 2012), and that               the EPA would have to determine under                  requirement that attainment be as expeditious as
                                                  CAA section 189(b)(2) established a                     section 188(b)(2) that the South Coast                 practicable.
                                                  deadline 4 years after this date                                                                                  27 Under CAA section 188(b)(2), the EPA must
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                                                                                                             24 The EPA designated and classified the South      determine within 6 months after the applicable
                                                  (December 14, 2016) for the State to
                                                                                                          Coast Air Basin as Moderate nonattainment for the      attainment date whether the area attained the
                                                  submit its Serious area attainment plan.                2012 primary annual PM2.5 NAAQS effective April        NAAQS by that date. If the EPA determines that a
                                                  The EPA did not reclassify the South                    15, 2015. 80 FR 2206, 2215–16 (January 15, 2015).      Moderate Area is not in attainment after the
                                                  Coast area by December 14, 2012 and                     Under CAA section 189(a)(2)(B), California is          applicable attainment date, the area is reclassified
                                                  was not obligated to do so under CAA                    required to adopt and submit a plan to provide for     by operation of law as a Serious Area, and the
                                                                                                          attainment of these NAAQS within 18 months after       Serious Area attainment plan is due within 18
                                                  section 188(b)(1), as explained above in                the nonattainment designation, i.e., by October 15,    months after such reclassification. CAA sections
                                                  Response 1. Thus, section 189(b)(2) does                2016.                                                  188(b)(2) and 189(b)(2).
                                                  not establish a December 14, 2016 outer                    25 CAA 189(a)(2)(B) and 189(b)(2).                     28 See 74 FR 58688 (November 13, 2009).




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                                                  1518             Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations

                                                  B. Reclassification of Reservation Areas                Indian country where the EPA or a tribe                   for the control of direct PM2.5 and PM2.5
                                                  of Indian Country                                       has demonstrated that the tribe has                       precursors shall be implemented no
                                                     Seven Indian tribes are located within               jurisdiction within the South Coast                       later than 4 years after the area is
                                                  the boundaries of the South Coast PM2.5                 nonattainment area to Serious for the                     reclassified (CAA section 189(b)(1)(B));
                                                  nonattainment area: the Cahuilla Band                   2006 PM2.5 NAAQS.                                            2. A demonstration (including air
                                                  of Indians, the Morongo Band of                            The effect of reclassification would be                quality modeling) that the plan provides
                                                  Cahuilla Mission Indians, the Pechanga                  to lower the applicable ‘‘major                           for attainment as expeditiously as
                                                  Band of Luiseno Mission Indians of the                  stationary source’’ emissions thresholds                  practicable but no later than December
                                                  Pechanga Reservation, the Ramona Band                   for direct PM2.5 and PM2.5 precursors for                 31, 2019, or where the State is seeking
                                                  of Cahuilla, the San Manuel Band of                     purposes of the NNSR program and the                      an extension of the attainment date
                                                  Serrano Mission Indians of the San                      Title V operating permit program (CAA                     under section 188(e), a demonstration
                                                  Manuel Reservation, the Santa Rosa                      sections 189(b)(3) and 501(2)(B)), thus                   that attainment by December 31, 2019 is
                                                  Band of Cahuilla Indians, and the                       subjecting more new or modified                           impracticable and that the plan provides
                                                  Soboba Band of Luiseno Indians.                         stationary sources to these                               for attainment by the most expeditious
                                                     We have considered the relevance of                  requirements. The reclassification may                    alternative date practicable (CAA
                                                  our final action to reclassify the South                also lower the de minimis threshold                       sections 188(c)(2) and 189(b)(1)(A));
                                                  Coast nonattainment area as Serious                     under the CAA’s General Conformity                           3. Plan provisions that require
                                                  nonattainment for the 2006 PM2.5                        requirements (40 CFR part 93, subpart                     reasonable further progress (RFP) (CAA
                                                  standards to each tribe located within                  B) from 100 tpy to 70 tpy. Under the                      section 172(c)(2));
                                                                                                          General Conformity requirements (40                          4. Quantitative milestones which are
                                                  the South Coast area. As discussed in
                                                                                                          CFR part 93, subpart B), federal agencies                 to be achieved every 3 years until the
                                                  more detail in our proposed rule, we
                                                                                                          bear the responsibility of determining                    area is redesignated attainment and
                                                  believe that the same facts and
                                                                                                          conformity of actions in nonattainment                    which demonstrate RFP toward
                                                  circumstances that support the
                                                                                                          and maintenance areas that require                        attainment by the applicable date (CAA
                                                  reclassification for the non-Indian
                                                                                                          federal permits, approvals, or funding.                   section 189(c));
                                                  country lands also support                                                                                           5. Provisions to assure that control
                                                  reclassification for reservation areas of               Such permits, approvals or funding by
                                                                                                                                                                    requirements applicable to major
                                                  Indian country 29 and any other areas of                federal agencies for projects in these
                                                                                                                                                                    stationary sources of PM2.5 also apply to
                                                  Indian country where the EPA or a tribe                 areas of Indian country may be more                       major stationary sources of PM2.5
                                                  has demonstrated that the tribe has                     difficult to obtain because of the lower                  precursors, except where the State
                                                  jurisdiction located within the South                   de minimis thresholds.                                    demonstrates to the EPA’s satisfaction
                                                  Coast nonattainment area.30 In this final                  Given the potential implications of                    that such sources do not contribute
                                                  action, the EPA is therefore exercising                 the reclassification, the EPA contacted                   significantly to PM2.5 levels that exceed
                                                  our authority under CAA section                         tribal officials to invite government-to-                 the standard in the area (CAA section
                                                  188(b)(1) to reclassify reservation areas               government consultation on this                           189(e));
                                                  of Indian country and any other areas of                rulemaking effort.31 The EPA did not                         6. A comprehensive, accurate, current
                                                  Indian country where the EPA or a tribe                 receive requests for consultation or                      inventory of actual emissions from all
                                                  has demonstrated that the tribe has                     comments on our proposed rule from                        sources of direct PM2.5 and all PM2.5
                                                  jurisdiction geographically located in                  any tribe. We continue to invite Indian                   precursors in the area (CAA section
                                                  the South Coast nonattainment area.                     tribes in the South Coast to contact the                  172(c)(3));
                                                  Section 188(b)(1) broadly authorizes the                EPA with any questions about the                             7. Contingency measures to be
                                                  EPA to reclassify a nonattainment                       effects of this reclassification on tribal                implemented if the area fails to meet
                                                  area—-including any such area of Indian                 interests and air quality. We note that                   RFP or to attain by the applicable
                                                  country located within such area—-that                  although eligible tribes may opt to seek                  attainment date (CAA section 172(c)(9));
                                                  the EPA determines cannot practicably                   EPA approval of relevant tribal                           and
                                                  attain the relevant standard by the                     programs under the CAA, none of the                          8. A revision to the NNSR program to
                                                  applicable attainment date.                             affected tribes will be required to submit                establish appropriate ‘‘major stationary
                                                     In light of the considerations outlined              an implementation plan to address this                    source’’ 32 thresholds for direct PM2.5
                                                  above and in our proposed rulemaking                    reclassification.                                         and PM2.5 precursors (CAA section
                                                  that support retention of a uniformly-                                                                            189(b)(3)).
                                                  classified PM2.5 nonattainment area, and                C. PM2.5 Serious Area SIP Requirements
                                                                                                                                                                       Section 189(b)(2) states, in relevant
                                                  our finding that it is impracticable for                  As a consequence of our                                 part, that the State must submit the
                                                  the area to attain by the applicable                    reclassification of the South Coast area                  required BACM provisions ‘‘no later
                                                  attainment date, we are finalizing our                  as a Serious nonattainment area for the                   than 18 months after reclassification of
                                                  reclassification of the reservation areas               2006 PM2.5 NAAQS, California is                           the area as a Serious Area’’ and must
                                                  of Indian country and any other areas of                required to submit additional SIP                         submit the required attainment
                                                                                                          revisions to satisfy the statutory                        demonstration ‘‘no later than 4 years
                                                     29 ‘‘Indian country’’ as defined at 18 U.S.C. 1151   requirements that apply to Serious                        after reclassification of the area to
                                                  refers to: ‘‘(a) all land within the limits of any      areas, including the requirements of
                                                  Indian reservation under the jurisdiction of the
                                                                                                                                                                    Serious.’’ As stated above in section I,
                                                  United States Government, notwithstanding the
                                                                                                          subpart 4 of part D, title I of the Act.                  the EPA proposed to require the State to
                                                  issuance of any patent, and, including rights-of-way      The Serious area SIP elements that                      submit certain elements of the Serious
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                                                  running through the reservation, (b) all dependent      California must submit within 18                          area plan within 18 months of
                                                  Indian communities within the borders of the            months of reclassification are as follows:
                                                  United States whether within the original or
                                                                                                                                                                    reclassification and other elements
                                                  subsequently acquired territory thereof, and
                                                                                                            1. Provisions to assure that BACM,                      within 3 years of reclassification. For
                                                  whether within or without the limits of a state, and    including BACT for stationary sources,
                                                  (c) all Indian allotments, the Indian titles to which                                                               32 For any Serious area, the terms ‘‘major source’’
                                                  have not been extinguished, including rights-of-way       31 As discussed in more detail in our proposed          and ‘‘major stationary source’’ include any
                                                  running through the same.’’                             rule, the EPA sent letters to tribal officials inviting   stationary source that emits or has the potential to
                                                     30 See 80 FR 63640, at 63659, 63660 (October 20,     government-to-government consultation. The letters        emit at least 70 tons per year of PM10 (CAA section
                                                  2015).                                                  can be found in the docket.                               189(b)(3)).



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                                                                   Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations                                          1519

                                                  the reasons provided in Section III of                  intergovernmental mandate. The final                   has expressed an interest in discussing
                                                  this preamble (Public Comments and                      action does not require any tribes to                  this action with the EPA. We continue
                                                  EPA Responses), the EPA is requiring                    submit implementation plans.                           to invite Indian tribes in the South Coast
                                                  the State to adopt and submit all                                                                              to contact the EPA with any questions
                                                                                                          E. Executive Order 13132: Federalism
                                                  required components of the Serious                                                                             about the effects of this reclassification
                                                  Area plan for the South Coast area,                       This action does not have federalism                 on tribal interests and air quality.
                                                  including NNSR SIP revisions to                         implications.
                                                                                                                                                                 G. Executive Order 13045, Protection of
                                                  address the statutory requirements for                  F. Executive Order 13175, Consultation                 Children From Environmental Health
                                                  Serious areas under subpart 4, no later                 and Coordination With Indian Tribal                    Risks and Safety Risks
                                                  than 18 months after the effective date                 Governments
                                                  of this reclassification.                                                                                         The EPA interprets Executive Order
                                                                                                             This action may have tribal                         13045 (62 FR 19885, April 23, 1997) as
                                                  V. Statutory and Executive Order                        implications. However, it will neither                 applying only to those regulatory
                                                  Reviews                                                 impose substantial direct compliance                   actions that concern environmental
                                                    Additional information about these                    costs on federally recognized tribal                   health or safety risks that the EPA has
                                                  statutes and Executive Orders can be                    governments, nor preempt tribal law.                   reason to believe may
                                                  found at http://www2.epa.gov/laws-                      Seven Indian tribes are located within                 disproportionately affect children, per
                                                  regulations/laws-and-executive-orders.                  the boundaries of the South Coast                      the definition of ‘‘covered regulatory
                                                                                                          nonattainment area for the 2006 PM2.5                  action’’ in section 2–202 of the
                                                  A. Executive Order 12866: Regulatory                    NAAQS: the Cahuilla Band of Indians,                   Executive Order. This action is not
                                                  Planning and Review, and Executive                      the Morongo Band of Cahuilla Mission                   subject to Executive Order 13045
                                                  Order 13563: Improving Regulation and                   Indians, the Pechanga Band of Luiseno                  because it reclassifies the South Coast
                                                  Regulatory Review                                       Mission Indians of the Pechanga                        nonattainment area as Serious
                                                    This action is exempt from review by                  Reservation, the Ramona Band of                        nonattainment for the 2006 PM2.5
                                                  the Office of Management and Budget                     Cahuilla, the San Manuel Band of                       NAAQS, which triggers additional
                                                  (OMB) because it relates to a                           Serrano Mission Indians of the San                     Serious area planning requirements
                                                  designation of an area for air quality                  Manuel Reservation, the Santa Rosa                     under the CAA. This action does not
                                                  purposes and will reclassify the South                  Band of Cahuilla Indians, and the                      establish an environmental standard
                                                  Coast from its current air quality                      Soboba Band of Luiseno Indians. We
                                                                                                                                                                 intended to mitigate health or safety
                                                  designation of Moderate nonattainment                   note that only one of the tribes located
                                                                                                                                                                 risks.
                                                  to Serious nonattainment for the 2006                   in the South Coast nonattainment area
                                                  PM2.5 NAAQS.                                            (the Pechanga Band of Luiseno Mission                  H. Executive Order 13211, Actions That
                                                                                                          Indians of the Pechanga Reservation)                   Significantly Affect Energy Supply,
                                                  B. Paperwork Reduction Act (PRA)                        has requested eligibility to administer                Distribution, or Use
                                                    This action does not impose an                        programs under the Clean Air Act. This                    This final action is not subject to
                                                  information collection burden under the                 final action affects the EPA’s                         Executive Order 13211, because it is not
                                                  PRA. This action does not contain any                   implementation of the new source                       a significant regulatory action under
                                                  information collection activities.                      review program because of the lower                    Executive Order 12866.
                                                                                                          ‘‘major stationary source’’ threshold
                                                  C. Regulatory Flexibility Act (RFA)                     triggered by reclassification (CAA                     I. National Technology Transfer and
                                                     I certify that this action will not have             189(b)(3)). The final action may also                  Advancement Act
                                                  a significant economic impact on a                      affect new or modified stationary                         This action is not subject to the
                                                  substantial number of small entities                    sources proposed in these areas that                   requirements of Section 12(d) of the
                                                  under the RFA. This action will not                     require federal permits, approvals, or                 National Technology Transfer and
                                                  impose any requirements on small                        funding. Such projects are subject to the              Advancement Act of 1995 (15 U.S.C.
                                                  entities. The final rule requires the state             requirements of the EPA’s General                      272 note) because it does not involve
                                                  to adopt and submit SIP revisions to                    Conformity rule, and federal permits,                  technical standards.
                                                  satisfy the statutory requirements that                 approvals, or funding for the projects
                                                  apply to Serious areas, and would not                   may be more difficult to obtain because                J. Executive Order 12898: Federal
                                                  itself directly regulate any small entities             of the lower de minimis thresholds                     Actions To Address Environmental
                                                  (see section III.C of this final rule).                 triggered by reclassification.                         Justice in Minority Populations and
                                                                                                             Given these potential implications,                 Low-Income Population
                                                  D. Unfunded Mandates Reform Act                         consistent with the EPA Policy on                         The EPA believes the human health or
                                                  (UMRA)                                                  Consultation and Coordination with                     environmental risk addressed by this
                                                     This action does not contain any                     Indian Tribes, the EPA contacted tribal                action will not have potential
                                                  unfunded mandate of $100 million or                     officials early in the process of                      disproportionately high and adverse
                                                  more and does not significantly or                      developing this regulation to permit                   human health or environmental effects
                                                  uniquely affect small governments, as                   them to have meaningful and timely                     on minority, low-income or indigenous
                                                  described in UMRA (2 U.S.C. 1531–                       input into its development. The EPA                    populations. This action reclassifies the
                                                  1538). This action itself imposes no                    invited tribal officials to consult during             South Coast nonattainment area as
                                                  enforceable duty on any state, local, or                the development of the proposed rule                   Serious nonattainment for the 2006
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                                                  tribal governments, or the private sector.              and following signature of the proposed                PM2.5 NAAQS, which triggers additional
                                                  The final action reclassifies the South                 rule. As discussed in more detail in our               Serious area planning requirements
                                                  Coast nonattainment area as Serious                     proposed action, we sent letters to                    under the CAA.
                                                  nonattainment for the 2006 PM2.5                        leaders of the tribes with areas of Indian
                                                  NAAQS, which triggers existing                          country in the South Coast                             K. Congressional Review Act
                                                  statutory duties for the state to submit                nonattainment area inviting                              The Congressional Review Act, 5
                                                  SIP revisions. Such a reclassification in               government-to-government consultation                  U.S.C. 801 et seq., as added by the Small
                                                  and of itself does not impose any federal               on the rulemaking effort. No Indian tribe              Business Regulatory Enforcement


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                                                  1520              Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations

                                                  Fairness Act of 1996, generally provides                     List of Subjects                                                      § 52.247 Control Strategy and regulations:
                                                  that before a rule may take effect, the                                                                                            Fine Particle Matter.
                                                                                                               40 CFR Part 52
                                                  agency promulgating the rule must                                                                                                  *       *         *      *      *
                                                  submit a rule report, which includes a                         Air pollution control, Incorporation
                                                                                                               by reference, Intergovernmental                                         (e) By August 14, 2017, California
                                                  copy of the rule, to each House of the                                                                                             must adopt and submit a Serious Area
                                                  Congress and to the Comptroller General                      relations, Particulate matter.
                                                                                                                                                                                     plan to provide for attainment of the
                                                  of the United States. The EPA will                           40 CFR Part 81                                                        2006 PM2.5 NAAQS in the South Coast
                                                  submit a report containing this rule and                       Environmental protection, Air                                       PM2.5 nonattainment area. The Serious
                                                  other required information to the U.S.                       pollution control, Incorporation by                                   Area plan must include emissions
                                                  Senate, the U.S. House of                                    reference.                                                            inventories, an attainment
                                                  Representatives, and the Comptroller                                                                                               demonstration, best available control
                                                                                                                 Dated: December 22, 2015.
                                                  General of the United States prior to                                                                                              measures, a reasonable further progress
                                                                                                               Jared Blumenfeld,                                                     plan, quantitative milestones,
                                                  publication of the rule in the Federal
                                                  Register. A major rule cannot take effect                    Regional Administrator, Region 9.                                     contingency measures, and such other
                                                  until 60 days after it is published in the                     Chapter I, title 40 of the Code of                                  measures as may be necessary or
                                                  Federal Register. This action is not a                       Federal Regulations is amended as                                     appropriate to provide for attainment of
                                                  ‘‘major rule’’ as defined by 5 U.S.C.                        follows:                                                              the 2006 PM2.5 NAAQS by the
                                                  804(2). This rule will be effective on                                                                                             applicable attainment date, in
                                                                                                               PART 52—APPROVAL AND                                                  accordance with the requirements of
                                                  February 12, 2016.                                           PROMULGATION OF                                                       subparts 1 and 4 of part D, title I of the
                                                  L. Petitions for Judicial Review                             IMPLEMENTATION PLANS                                                  Clean Air Act.
                                                    Under section 307(b)(1) of the Clean                       ■ 1. The authority citation for part 52
                                                                                                                                                                                     PART 81—DESIGNATION OF AREAS
                                                  Air Act, petitions for judicial review of                    continues to read as follows:
                                                                                                                                                                                     FOR AIR QUALITY PLANNING
                                                  this action must be filed in the United                          Authority: 42 U.S.C. 7401 et seq.                                 PURPOSES
                                                  States Court of Appeals for the                              ■ 2. Section 52.245 is amended by
                                                  appropriate circuit by March 14, 2016.                       adding paragraph (d) to read as follows:                              ■ 4. The authority citation for part 81
                                                  Filing a petition for reconsideration by                                                                                           continues to read as follows:
                                                  the Administrator of this final rule does                    § 52.245         New Source Review rules.
                                                                                                                                                                                         Authority: 42 U.S.C. 7401, et seq.
                                                  not affect the finality of this rule for the                 *     *     *    *      *
                                                  purposes of judicial review nor does it                        (d) By August 14, 2017, the New                                     ■ 5. Section 81.305 is amended in the
                                                  extend the time within which a petition                      Source Review rules for PM2.5 for the                                 table titled ‘‘California—2006 24-Hour
                                                  for judicial review may be filed, and                        South Coast Air Quality Management                                    PM2.5 NAAQS [Primary and
                                                  shall not postpone the effectiveness of                      District must be revised and submitted                                secondary],’’ by revising the entries
                                                  such rule or action. This action may not                     as a SIP revision. The rules must satisfy                             under ‘‘Los Angeles-South Coast Air
                                                                                                               the requirements of sections 189(b)(3)                                Basin, CA.’’
                                                  be challenged later in proceedings to
                                                                                                               and 189(e) and all other applicable
                                                  enforce its requirements (see section
                                                                                                               requirements of the Clean Air Act for                                 § 81.305        California.
                                                  307(b)(2)).
                                                                                                               implementation of the 2006 PM2.5                                      *       *         *      *      *
                                                                                                               NAAQS.
                                                                                                               ■ 3. Section 52.247 is amended by                                     § 81.305        California.
                                                                                                               adding paragraph (e) to read as follows:                              *       *         *      *      *

                                                                                                        CALIFORNIA—2006 24-HOUR PM2.5 NAAQS
                                                                                                                                 [Primary and secondary]

                                                                                                                                                 Designation a                                                 Classification
                                                                     Designated area
                                                                                                                                 Date 1                                 Type                               Date 2                   Type


                                                                                       *                  *                     *                   *               *            *               *
                                                  Los Angeles-South Coast Air Basin, CA:
                                                      Los Angeles County (part) ............................       .......................................   Nonattainment ..............   02/12/16 .......................    Serious.
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                                                                       Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations                                                                             1521

                                                                                                      CALIFORNIA—2006 24-HOUR PM2.5 NAAQS—Continued
                                                                                                                                      [Primary and secondary]

                                                                                                                                                      Designation a                                               Classification
                                                                        Designated area
                                                                                                                                      Date 1                                 Type                            Date 2                     Type

                                                      That portion of Los Angeles County which                          .......................................   Nonattainment ..............   02/12/16 .......................   Serious.
                                                         lies south and west of a line described as
                                                         follows: Beginning at the Los Angeles-San
                                                         Bernardino County boundary and running
                                                         west along the Township line common to
                                                         Township 3 North and Township 2 North,
                                                         San Bernardino Base and Meridian; then
                                                         North along the range line common to
                                                         Range 8 West and Range 9 West; then
                                                         west along the Township line common to
                                                         Township 4 North and Township 3 North;
                                                         then north along the range line common
                                                         to Range 12 West and Range 13 West to
                                                         the southeast corner of Section 12, Town-
                                                         ship 5 North and Range 13 West; then
                                                         west along the south boundaries of Sec-
                                                         tions 12, 11, 10, 9, 8, and 7, Township 5
                                                         North and Range 13 West to the bound-
                                                         ary of the Angeles National Forest which
                                                         is collinear with the range line common to
                                                         Range 13 West and Range 14 West; then
                                                         north and west along the Angeles Na-
                                                         tional Forest boundary to the point of
                                                         intersection with the Township line com-
                                                         mon to Township 7 North and Township 6
                                                         North (point is at the northwest corner of
                                                         Section 4 in Township 6 North and Range
                                                         14 West); then west along the Township
                                                         line common to Township 7 North and
                                                         Township 6 North; then north along the
                                                         range line common to Range 15 West
                                                         and Range 16 West to the southeast cor-
                                                         ner of Section 13, Township 7 North and
                                                         Range 16 West; then along the south
                                                         boundaries of Sections 13, 14, 15, 16, 17
                                                         and 18, Township 7 North and Range 16
                                                         West; then north along the range line
                                                         common to Range 16 West and Range 17
                                                         West to the north boundary of the Ange-
                                                         les National Forest (collinear with the
                                                         Township line common to Township 8
                                                         North and Township 7 North); then west
                                                         and north along the Angeles National For-
                                                         est boundary to the point of intersection
                                                         with the south boundary of the Rancho La
                                                         Liebre Land Grant; then west and north
                                                         along this land grant boundary to the Los
                                                         Angeles-Kern County boundary.
                                                  Orange County .....................................................   .......................................   Nonattainment ..............   02/12/16 .......................   Serious.
                                                  Riverside County (part) ........................................      .......................................   Nonattainment ..............   02/12/16 .......................   Serious.
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                                                  1522                 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations

                                                                                                  CALIFORNIA—2006 24-HOUR PM2.5 NAAQS—Continued
                                                                                                                              [Primary and secondary]

                                                                                                                                              Designation a                                               Classification
                                                                        Designated area
                                                                                                                              Date 1                                 Type                            Date 2                     Type

                                                      That portion of Riverside County which lies               .......................................   Nonattainment ..............   02/12/16 .......................   Serious.
                                                        to the west of a line described as follows:
                                                        Beginning at the Riverside-San Diego
                                                        County boundary and running north along
                                                        the range line common to Range 4 East
                                                        and Range 3 East, San Bernardino Base
                                                        and Meridian; then east along the Town-
                                                        ship line common to Township 8 South
                                                        and Township 7 South; then north along
                                                        the range line common to Range 5 East
                                                        and Range 4 East; then west along the
                                                        Township line common to Township 6
                                                        South and Township 7 South to the south-
                                                        west corner of Section 34, Township 6
                                                        South, Range 4 East; then north along the
                                                        west boundaries of Sections 34, 27, 22,
                                                        15, 10, and 3, Township 6 South, Range
                                                        4 East; then west along the Township line
                                                        common to Township 5 South and Town-
                                                        ship 6 South; then north along the range
                                                        line common to Range 4 East and Range
                                                        3 East; then west along the south bound-
                                                        aries of Sections 13, 14, 15, 16, 17, and
                                                        18, Township 5 South, Range 3 East;
                                                        then north along the range line common
                                                        to Range 2 East and Range 3 East; to the
                                                        Riverside-San Bernardino County Line
                                                        (excluding the lands of the Santa Rosa
                                                        Band of Cahuilla Mission Indians).
                                                      That part of the lands of the Santa Rosa                  .......................................   Nonattainment ..............   02/12/16 .......................   Serious.
                                                        Band of Cahuilla Mission Indians which is
                                                        excluded from the Riverside County (part)
                                                        nonattainment area.
                                                  San Bernardino County (part) ..............................   .......................................   Nonattainment ..............   02/12/16 .......................   Serious.
                                                      That portion of San Bernardino County                     .......................................   Nonattainment ..............   02/12/16 .......................   Serious.
                                                        which lies south and west of a line de-
                                                        scribed as follows: Beginning at the San
                                                        Bernardino-Riverside County boundary
                                                        and running north along the range line
                                                        common to Range 3 East and Range 2
                                                        East, San Bernardino Base and Meridian;
                                                        then west along the Township line com-
                                                        mon to Township 3 North and Township 2
                                                        North to the San Bernardino-Los Angeles
                                                        County boundary.
                                                      a Includes Indian Country located in each county or area, except as otherwise specified.
                                                      1 This date is 30 days after November 13, 2009, unless otherwise noted.
                                                      2 This date is July 2, 2014, unless otherwise noted.




                                                  *       *        *       *      *                           ENVIRONMENTAL PROTECTION                                           tolerance for residues of 2-propenoic
                                                  [FR Doc. 2015–33304 Filed 1–12–16; 8:45 am]                 AGENCY                                                             acid, 2-methyl-, polymers with tert-Bu
                                                  BILLING CODE 6560–50–P                                                                                                         acrylate, Me methacrylate, polyethylene
                                                                                                              40 CFR Part 180                                                    glycol methacrylate C16-C18-alkyl ethers
                                                                                                                                                                                 and vinylpyrrolidone, tert-Bu 2-
                                                                                                              [EPA–HQ–OPP–2015–0718; FRL–9940–29]                                ethylhexaneperoxoate-initiated,
                                                                                                                                                                                 compounds with 2-amino-2-methyl-1-
                                                                                                              Methacrylate Type Copolymer,                                       propanol when used as an inert
                                                                                                              Compound With Aminomethyl
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                                                                                                 ingredient in a pesticide chemical
                                                                                                              Propanol; Tolerance Exemption                                      formulation. BASF Corporation
                                                                                                              AGENCY:  Environmental Protection                                  submitted a petition to EPA under the
                                                                                                              Agency (EPA).                                                      Federal Food, Drug, and Cosmetic Act
                                                                                                              ACTION: Final rule.                                                (FFDCA), requesting an exemption from
                                                                                                                                                                                 the requirement of a tolerance. This
                                                                                                              SUMMARY: This regulation establishes an                            regulation eliminates the need to
                                                                                                              exemption from the requirement of a                                establish a maximum permissible level


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Document Created: 2016-01-13 01:01:16
Document Modified: 2016-01-13 01:01:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on February 12, 2016.
ContactWienke Tax, Air Planning Office (AIR- 2), U.S. Environmental Protection Agency, Region 9, (415) 947-4192, [email protected]
FR Citation81 FR 1514 
CFR Citation40 CFR 52
40 CFR 81
CFR AssociatedAir Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Environmental Protection

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