82 FR 13392 - Determination of Attainment and Approval of Base Year Emissions Inventories for the Imperial County, California Fine Particulate Matter Nonattainment Area
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 47 (March 13, 2017)
Federal Register Volume 82, Issue 47 (March 13, 2017)
| Page Range | 13392-13398 | |
| FR Document | 2017-04780 |
[Federal Register Volume 82, Number 47 (Monday, March 13, 2017)] [Rules and Regulations] [Pages 13392-13398] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04780] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0772; FRL-9958-21-Region 9] Determination of Attainment and Approval of Base Year Emissions Inventories for the Imperial County, California Fine Particulate Matter Nonattainment Area AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is determining that the Imperial County, California Moderate nonattainment area (``the Imperial County NA'') has attained the 2006 24-hour fine particulate matter (PM2.5 ) national ambient air quality standard (NAAQS or ``standard''). This determination, also known as a clean data determination (CDD), is based upon complete, quality-assured, and certified ambient air monitoring data showing that the area has monitored attainment of the 2006 24-hour PM2.5 NAAQS based on the 2013-2015 data available in the EPA's Air Quality System database. As a consequence of this determination of attainment, certain Clean Air Act (CAA) requirements that apply to the Imperial County Air Pollution Control District (ICAPCD or ``District'') shall be suspended for so long as the area continues to meet the 2006 24-hour PM2.5 NAAQS. The area remains nonattainment for the 2012 annual PM2.5 NAAQS. The EPA is also approving a revision to California's state implementation plan (SIP) consisting of the 2008 emissions inventory for the Imperial County NA submitted by the California Air Resources Board (CARB or ``State'') on January 9, 2015. This action is being taken under the CAA. Elsewhere in this issue of the Federal Register, we are proposing approval and soliciting written comment on these actions. If we receive adverse comments on this direct final rule that result in withdrawal of the entire rule or any part(s) of it, we will address those comments when we finalize the proposal. The EPA does not plan to institute a second comment period on this action. Any parties interested in commenting must do so at this time. [[Page 13393]] DATES: This rule is effective on May 12, 2017 without further notice, unless the EPA receives adverse comments by April 12, 2017. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR- 2016-0772, at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the EPA's full public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, EPA Region IX, 415- 972-3964, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' ``us,'' and ``our'' mean EPA. Table of Contents I. Background for the EPA's Proposed Action II. Clean Data Determination III. Analysis of Emissions Inventories IV. Final Action V. Statutory and Executive Order Reviews I. Background for the EPA's Proposed Action On July 18, 1997, the EPA established NAAQS for particles less than or equal to 2.5 micrometers ([mu]m) in diameter (PM2.5 ), including an annual standard of 15.0 micrograms per cubic meter ([mu]g/ m\3\) based on a 3-year average of annual mean PM2.5 concentrations, and a 24-hour (daily) standard of 65 [mu]g/m\3\ based on a 3-year average of 98th percentile 24-hour PM2.5 concentrations.\1\ Effective December 18, 2006, the EPA revised the PM2.5 standard by lowering the level of the 24-hour PM2.5 standard to 35 [mu]g/m\3\ (``2006 PM2.5 standard'') but retained the annual standard at 15 [mu]g/ m\3\.2 3 --------------------------------------------------------------------------- \1\ 62 FR 36852 (July 18, 1997) and 40 CFR 50.7. \2\ 71 FR 61144 (October 17, 2006). \3\ Effective March 18, 2013, the EPA strengthened the primary annual PM2.5 NAAQS by lowering the level to 12.0 [mu]g/ m\3\ while retaining the secondary annual PM2.5 NAAQS at the level of 15.0 [mu]g/m\3\. 78 FR 3086 (January 15, 2013) and 40 CFR 50.18. --------------------------------------------------------------------------- Following promulgation of a new or revised NAAQS, the EPA is required under CAA section 107(d) to designate areas throughout the nation as attaining or not attaining the NAAQS. On January 5, 2005, the EPA published initial air quality designations for the 1997 annual and 24-hour PM2.5 NAAQS.\4\ We designated Imperial County as ``Unclassifiable/Attainment'' for both the 1997 annual and 24-hour PM2.5 standards under subpart 1 of the CAA. We subsequently designated a portion of Imperial County as nonattainment under subpart 1 of the CAA for the 2006 24-hour standard effective December 13, 2009 (74 FR 58688, November 13, 2009).\5\ --------------------------------------------------------------------------- \4\ 70 FR 944 (January 5, 2005). \5\ In 2015, the EPA designated a portion of Imperial County nonattainment for the 2012 annual PM2.5 NAAQS. The CDD that is the subject of this direct final rule pertains only to the 2006 24-hour PM2.5 standard. The area remains nonattainment for the 2012 annual PM2.5 standard. See 80 FR 2206 (January 15, 2015). --------------------------------------------------------------------------- On June 2, 2014 (79 FR 31566), in response to a decision by the United States Court of Appeals for the District of Columbia, the EPA published a final rule classifying all areas then designated nonattainment for the 1997 and/or 2006 PM2.5 standards as ``Moderate'' under subpart 4 and establishing a deadline of December 31, 2014 for states to submit any attainment-related SIP elements required for these areas pursuant to subpart 4.\6\ The EPA provided its rationale for these actions in both the proposed and final classification/deadline rule.\7\ --------------------------------------------------------------------------- \6\ In April 2007, the EPA issued an implementation rule to assist states with the development of SIP submissions to meet attainment planning requirements of the 1997 standards (the ``2007 PM2.5 Implementation Rule''). 72 FR 20583 (April 25, 2007). The EPA premised the 2007 PM2.5 Implementation Rule on its interpretation that nonattainment areas for the PM2.5 standards were subject solely to the general nonattainment plan requirements of subpart 1, part D of title 1 of the CAA (``subpart 1''). On January 4, 2013, the D.C. Circuit Court of Appeals issued its decision in a challenge to our 2007 PM2.5 implementation rule. See NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013). In NRDC, the court held that the EPA erred in implementing the 1997 PM2.5 standard pursuant only to the general implementation requirements of subpart 1, rather than also to the implementation requirements specific to particulate matter in subpart 4, part D of title 1 of the CAA (``subpart 4''). The court remanded the rule and instructed the EPA ``to repromulgate these rules pursuant to Subpart 4 consistent with this opinion.'' This reasoning applies to all PM2.5 standards. \7\ See 78 FR 69806, 69809 (November 21, 2013) and 79 FR 31566, 31568 (June 2, 2014). --------------------------------------------------------------------------- Under EPA's longstanding Clean Data Policy, EPA may issue a determination of attainment after notice and comment rulemaking determining that a specific area is attaining the relevant standard.8 9 The effect of a CDD is to suspend the requirement for the area to submit an attainment demonstration, reasonably available control measures (RACM), a reasonable further progress (RFP) plan, contingency measures, and any other planning requirements related to attainment for as long as the area continues to attain the standard. --------------------------------------------------------------------------- \8\ ``Clean Data Policy for the Fine Particle National Ambient Air Quality Standards,'' Memorandum from Stephen D. Page, December 14, 2004. \9\ In a separate action mandated by CAA section 188(b)(2), the EPA has proposed to determine that Imperial County attained the 2006 24-hour PM2.5 standard by the applicable attainment deadline of December 31, 2015. See 81 FR 91088 (December 16, 2016). A determination that an area has attained by the applicable attainment date does not constitute a redesignation to attainment. --------------------------------------------------------------------------- The EPA issued the Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements on July 29, 2016 (effective October 24, 2016).\10\ In that rule, the EPA reaffirmed the Clean Data Policy at 40 CFR 51.1015, as follows: --------------------------------------------------------------------------- \10\ 81 FR 58010 (August 24, 2016). Upon a determination by EPA that a moderate PM2.5 nonattainment area has attained the PM2.5 NAAQS, the requirements for the state to submit an attainment demonstration, provisions demonstrating that reasonably available control measures (including reasonably available control technology for stationary sources) shall be implemented no later than 4 years following the date of designation of the area, reasonable further progress plan, quantitative milestones and quantitative milestone reports, and contingency measures for the area shall be suspended until such time as: (1) The area is redesignated to attainment, after which such requirements are permanently discharged; or, (2) EPA determines that the area has re-violated the PM2.5 NAAQS, at which time the state shall submit such attainment plan elements for the moderate nonattainment area by a future date to be determined by EPA and announced through publication in the Federal Register at the time EPA determines the area is violating the PM2.5 --------------------------------------------------------------------------- NAAQS. See 40 CFR 51.1015. A CDD does not suspend the requirements for an emissions inventory or new source review.\11\ --------------------------------------------------------------------------- \11\ On December 8, 2016, the EPA proposed action on three rules that update the ICAPCD's NSR program. Specifically, we have proposed to fully approve Rules 204 (Applications) and 206 (Processing of Applications), and proposed a limited approval/limited disapproval of Rule 207 (New and Modified Stationary Source Review). We expect this proposed action to be published in the Federal Register in the near future. Today's action includes our proposed approval of the emissions inventories included in the attainment plan for the Imperial County NA submitted on January 9, 2015. See Section III below. --------------------------------------------------------------------------- [[Page 13394]] II. Clean Data Determination A. Criteria for Determining Attainment Under EPA regulations in 40 CFR part 50, section 50.18 and in accordance with appendix N, the 2006 24-hour PM2.5 standard is met when the design value is less than or equal to 35 [mu]g/m\3\ (based on the rounding convention in 40 CFR part 50, appendix N) at each eligible monitoring site within the area.\12\ Data completeness requirements for a given year are met when at least 75 percent of the scheduled sampling days for each quarter have valid data. A determination of whether an area's air quality currently meets the PM2.5 NAAQS is generally based upon the most recent three years of complete, quality-assured data gathered at established State and Local Air Monitoring Stations (SLAMS) in a nonattainment area and entered into the EPA's Air Quality System (AQS) database.\13\ Data from ambient air monitors operated by state/local agencies in compliance with the EPA monitoring requirements must be submitted to AQS. Monitoring agencies annually certify that these data are accurate to the best of their knowledge. Accordingly, the EPA relies primarily on data in AQS when determining the attainment status of areas.\14\ --------------------------------------------------------------------------- \12\ The 24-hour PM2.5 standard design value is the 3-year average of annual 98th percentile 24-hour average values recorded at each eligible monitoring site, and the 2006 24-hour PM2.5 NAAQS is met when the 24-hour standard design value at each monitoring site is less than or equal to 35 [mu]g/m\3\. \13\ AQS is the EPA's repository of ambient air quality data. \14\ See 40 CFR 50.7; 40 CFR part 50, appendix L; 40 CFR part 53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D, and E. --------------------------------------------------------------------------- B. Monitoring Network and Data Considerations The State and the District are the governmental agencies with the authority and responsibility under state law for collecting ambient air quality data within the Imperial County NA. Annually, CARB and the ICAPCD submit monitoring network plans to the EPA. These plans discuss the status of the air monitoring network as required under 40 CFR part 58. The EPA reviews these annual network plans for compliance with the applicable reporting requirements in 40 CFR 58.10. With respect to PM2.5 , we have found that the annual network plans submitted by CARB and the ICAPCD meet the applicable requirements under 40 CFR part 58.\15\ Furthermore, we concluded in our Technical System Audit Report of CARB's and ICAPCD's ambient air quality monitoring program that the ambient air monitoring network currently meets or exceeds the requirements for the minimum number of monitoring sites designated as SLAMS for PM2.5 in the Imperial County NA.\16\ CARB annually certifies that the data it submits to AQS are quality-assured.\17\ --------------------------------------------------------------------------- \15\ See, e.g., letter from Meredith Kurpius, Manager, Air Quality Analysis Office, U.S. EPA Region IX, to Brad Poiriez, Air Pollution Control Officer, ICAPCD, dated October 24, 2014. \16\ See, e.g., letter from Elizabeth J. Adams, Acting Director, Air Division, U.S. EPA Region IX, to Richard Corey, Executive Officer, CARB, dated August 31, 2016. \17\ See, e.g., letter from Ravi Ramalingam, Chief, Consumer Products and Air Quality Assessment Branch, CARB, to Elizabeth Adams, Director, Air Division, U.S. EPA Region IX, dated May 10, 2016. --------------------------------------------------------------------------- During the 2013-2015 period, CARB and ICAPCD operated three SLAMS within the Imperial County NA; all three sites are located in the southern portion of Imperial County. The Calexico-Ethel monitoring site is operated by CARB and is located approximately 0.7 miles north of the United States-Mexico border. The Calexico-Ethel monitoring site is the design value site for PM2.5 and the only violating SLAMS in Imperial County. ICAPCD operates two additional SLAMS: the Brawley monitoring site, located in the City of Brawley, 9 miles north of the border, and the El Centro monitoring site, located in the City of El Centro, 22 miles north of the border. For the purposes of this proposed action, we reviewed the data for the most recent three-year period (2013-2015) for completeness and determined that the data collected by CARB and the ICAPCD meet the completeness criterion for all 12 quarters at PM2.5 monitoring sites in the Imperial County NA.\18\ --------------------------------------------------------------------------- \18\ The EPA notes that CARB and ICAPCD did not start daily sampling until 2014; however, daily sampling was not required under the monitoring regulations that applied at the time. Further, a separate calculation based on daily sampling data collected in 2013 at a collocated non-regulatory monitor yields a 98th percentile value for 2013 similar to that of the primary regulatory monitor. See memorandum from Michael Flagg, U.S. EPA, Region IX, Air Quality Analysis Office, ``Implementation of PM2.5 sampling frequency requirements in Imperial County,'' November 1, 2016. This memorandum is included in the rulemaking docket for this action. --------------------------------------------------------------------------- C. Evaluation of Current Attainment The EPA's evaluation of whether the Imperial County NA has attained the 2006 24-hour PM2.5 NAAQS is based on our review of the monitoring data and takes into account the adequacy of the PM2.5 monitoring network in the nonattainment area and the reliability of the data collected by the network, as previously discussed. Table 1 shows the 24-hour PM2.5 design values at each of the three monitoring sites within the Imperial County NA for the most recent three-year period (2013-2015). Table 1--2013-2015 24-Hour PM2.5 Design Values for the Imperial County NA ---------------------------------------------------------------------------------------------------------------- 98th percentile ([mu]g/m\3\) 2013-2015 24- --------------------------------------- hour design Local site name Site (AQS ID) values ([mu]g/ 2013 2014 2015 m\3\) ---------------------------------------------------------------------------------------------------------------- Calexico Ethel........................... 06-025-0005 27.4 36.3 34.6 33 El Centro................................ 06-025-1003 19.0 19.6 14.1 18 Brawley.................................. 06-025-0007 17.2 19.9 12.4 17 ---------------------------------------------------------------------------------------------------------------- Source: EPA, Design Value Report, December 2, 2016. The data show that the 24-hour design value for the 2013-2015 period was equal to or less than 35 [mu]g/m\3\ at all monitors. Therefore, we are proposing to determine, based on complete, quality- assured, and certified data for 2013-2015, that the Imperial County NA has attained the 2006 24-hour PM2.5 standard. Preliminary data available in AQS for 2016 (January through August) indicate that the area continues to attain the standard and are consistent with the [[Page 13395]] determination of attainment. Additional preliminary data available on CARB's real-time Web site for September through December are also consistent with attainment.\19\ --------------------------------------------------------------------------- \19\ CARB's real-time AQMIS (Air Quality and Meteorological Information System) database can be found at: https://www.arb.ca.gov/aqmis2/aqmis2.php. AQMIS provides a combination of preliminary real-time data and historical regulatory data. --------------------------------------------------------------------------- III. Analysis of Emissions Inventories A. California's SIP Submittal for the 2006 PM2.5 Standard for the Imperial County NA Today's action also concerns the emissions inventories included in the ``Imperial County 2013 State Implementation Plan for the 2006 24- Hour PM2.5 Moderate Nonattainment Area'' (``2013 PM2.5 Plan'' or ``Plan'') adopted by the District on December 2, 2014 and submitted to the EPA as a SIP revision on January 9, 2015.\20\ --------------------------------------------------------------------------- \20\ As provided in 40 CFR 51.1015, our clean data determination for the Imperial County NA suspends requirements to submit an attainment demonstration, associated RACM, RFP plan, contingency measures, and other SIP revisions related to the attainment of the 2006 24-hour PM2.5 NAAQS, but does not suspend the requirement for an inventory. Therefore, in conjunction with our clean data determination for the Imperial County NA, we are also approving the 2008 base year inventories submitted with the 2013 PM2.5 Plan. --------------------------------------------------------------------------- B. Public Notice, Public Hearing, and Completeness Requirements for SIP Submittals CAA sections 110(a)(1) and (2) and 110(l) require each state to provide reasonable public notice and opportunity for public hearing prior to the adoption and submission of a SIP or SIP revision to the EPA. To meet this requirement, every SIP submission should include evidence that adequate public notice was given and an opportunity for a public hearing was provided consistent with the EPA's implementing regulations in 40 CFR 51.102. Both the District and the State satisfied applicable statutory and regulatory requirements for reasonable public notice and hearing prior to adoption and submission of the 2013 PM2.5 Plan. The District provided a public comment period and held a public hearing prior to the adoption of the SIP submission on December 2, 2014.\21\ CARB provided the required public notice and opportunity for public comment prior to its December 18, 2014 public hearing and adoption of the SIP submission.\22\ The submission includes proof of publication of notices for the respective public hearings. We find, therefore, that the 2013 PM2.5 Plan meets the procedural requirements for public notice and hearing in CAA sections 110(a) and 110(l). --------------------------------------------------------------------------- \21\ ICAPCD, ``Notice of Public Hearing for Adoption of Imperial County 2013 State Implementation Plan for the 2006 24-Hour PM2.5 Moderate Nonattainment Area,'' published October 24, 2014 and November 2, 2014. \22\ CARB, ``Notice of Public Meeting to Consider Approval of the Imperial County 2013 State Implementation Plan for the 2006 24- Hour PM2.5 Moderate Nonattainment Area,'' November 18, 2014; and CARB Board Resolution 14-43, ``Imperial County 2013 State Implementation Plan for the 2006 24-Hour PM2.5 Moderate Nonattainment Area,'' December 18, 2014. --------------------------------------------------------------------------- CAA section 110(k)(1)(B) requires the EPA to determine whether a SIP submission is complete within 60 days of receipt. This section of the CAA also provides that any plan that the EPA has not affirmatively determined to be complete or incomplete will become complete by operation of law six months after the date of submission. The EPA's SIP completeness criteria are found in 40 CFR part 51, Appendix V. The January 9, 2015 SIP submission became complete by operation of law on July 9, 2015. C. Requirements for Emissions Inventories CAA section 172(c)(3) requires that each SIP include a comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutant or pollutants in the area. By requiring an accounting of actual emissions from all sources of the relevant pollutants in the area, this section ensures that the base year inventory will include all emissions that contribute to the formation of a particular NAAQS pollutant. For the 2006 24-hour PM2.5 NAAQS, this includes directly emitted PM2.5 (referred to as primary or direct PM2.5 ) as well as the main chemical precursors to the formation of secondary PM2.5 : Nitrogen oxides (NOX ), sulfur oxides (SOx ), volatile organic compounds (VOC), and ammonia (NH3 ). Primary PM2.5 includes condensable and filterable particulate matter. A state should include in its SIP submittal documentation explaining how the emissions data were calculated. In estimating mobile source emissions, a state should use the latest emissions models and planning assumptions available at the time the SIP is developed. At the time the 2013 PM2.5 Plan was developed, California was required to use the model EMFAC2011 to estimate tailpipe and brake and tire wear emissions of PM2.5 , NOX , SOx , and VOC from on-road mobile sources (78 FR 14533, March 6, 2013). States are required to use the EPA's AP-42 road dust method for calculating re-entrained road dust emissions from paved roads (76 FR 6328, February 4, 2011). D. Emissions Inventories in the 2013 PM2.5 Plan The annual average planning inventories for direct PM2.5 and all PM2.5 precursors (NOX , SOx , VOC, and ammonia) for the Imperial County PM2.5 NA, together with documentation for the inventories, are found in Chapter 3 of the 2013 PM2.5 Plan. CARB and the District worked together to develop a complete inventory for all sources in Imperial County using activity information and emission factors. Activity data may come from national survey data or reports (e.g., from the United States Department of Agriculture Economic Research Service) or local sources such as the Southern California Gas Company, paint suppliers, and District databases. Emission factors can be based on a number of variables including source tests, compliance reports, and the EPA's AP- 42. CARB provided annual average and winter daily average inventories for 2008, which it designated as the base year for the 2006 PM2.5 Plan. CARB included both annual average and winter daily average inventories because a majority of the exceedances addressed by the 2013 PM2.5 Plan occurred in the winter (November through April). Each inventory includes emissions from point, area, on-road, and non-road sources. Stationary sources include point and area sources. Point sources in the Imperial County air basin that emit 10 tons per year or more of VOC, NOX , SOx , or PM2.5 report annual emissions to the District. The District and CARB develop an annual emissions inventory for all sources in Imperial County, including separate inventories for winter and summer and an annual average inventory. Point source emissions for the 2008 base year emission inventories were based on this information. Area sources include smaller emissions sources distributed across the nonattainment area. Many small point sources and facilities that are not inventoried individually are estimated as a group and are included in the area source category. The source categories that generate the most emissions (unpaved roads and tilling and harvesting operations) reflect implementation of PM10 Best Available Control Measures (BACM) approved rules. Agricultural burning is regulated under both ICAPCD's EPA-approved Rule 701 and its CARB-approved Smoke Management Plan. [[Page 13396]] The on-road mobile inventories use EMFAC2011 for estimating motor vehicle emissions.\23\ EMFAC2011 calculates emission rates from all motor vehicles that operate on highways, freeways, and local roads in California. EMFAC2011 uses California Department of Motor Vehicle registration data for the number of vehicles, the Southern California Association of Governments travel demand output model for the number of vehicle miles traveled, and California Bureau of Automotive Repair for odometer readings and for emission factors derived from vehicle surveillance programs and dynamometer readings. --------------------------------------------------------------------------- \23\ 2013 PM2.5 Plan, p. 21-22. --------------------------------------------------------------------------- Off-road emissions such as construction, aircraft (military, commercial, and civil), gardening equipment, agricultural equipment, and recreational vehicle emissions were calculated using CARB's 2011 Off-Road Model.\24\ The off-road model uses source population, activity, and emission estimates for all off-road vehicles, including boats, outdoor recreational vehicles, industrial and construction equipment, farm equipment, lawn and garden equipment, aircraft, and trains. --------------------------------------------------------------------------- \24\ Id. --------------------------------------------------------------------------- A summary of the Plan's 2008 winter and annual base year inventories is provided in Table 2 below. For a more detailed discussion of the inventories, see the 2013 PM2.5 Plan, Chapter 3. Table 2--PM2.5 Emissions Inventory by Source Category, Winter and Annual Planning Emissions Inventories [tpd (tons per day)] ------------------------------------------------------------------------ Winter average Annual average Source category 2008 2008 ------------------------------------------------------------------------ Direct PM2.5 Stationary Sources.................... 0.495 0.508 Area-Wide Sources..................... 10.786 10.933 Mobile Sources: On-Road Vehicles.................... 0.302 0.301 Other Mobile Sources: Aircraft.......................... 0.759 0.760 Off-Road, Trains, Recreational 0.277 0.322 Boats, and Farm Equipment........ ------------------------------- Total Direct PM2.5.............. 12.619 12.824 Nitrogen Oxides Stationary Sources.................... 1.836 1.875 Area-Wide Sources..................... 0.423 0.462 Mobile Sources: On-Road Vehicles.................... 8.608 8.425 Other Mobile Sources: Aircraft.......................... 1.523 1.524 Off-Road, Trains, Recreational 6.053 6.502 Boats, and Farm Equipment........ ------------------------------- Total Nitrogen Oxides........... 18.443 18.788 Volatile Organic Compounds Stationary Sources.................... 1.059 1.071 Area-Wide Sources..................... 7.639 9.069 Mobile Sources: On-Road Vehicles.................... 1.996 2.072 Other Mobile Sources: Aircraft.......................... 2.186 2.189 Off-Road, Trains, Recreational 2.657 3.624 Boats, and Farm Equipment........ ------------------------------- Total Volatile Organic Compounds 15.537 18.025 Sulfur Oxides Stationary Sources.................... 0.079 0.081 Area-Wide Sources..................... 0.058 0.068 Mobile Sources: On-Road Vehicles.................... 0.015 0.015 Other Mobile Sources: Aircraft.......................... 0.204 0.205 Off-Road, Trains, Recreational 0.026 0.026 Boats and Farm Equipment......... ------------------------------- Total Sulfur Oxides............. 0.382 0.395 Ammonia Stationary Sources.................... 3.142 3.100 Area-Wide Sources..................... 27.622 31.693 Mobile Sources: On-Road Vehicles.................... 0.166 0.166 Other Mobile Sources: Aircraft.......................... 0.000 0.000 Off-Road, Trains, Recreational 0.002 0.002 Boats and Farm Equipment......... ------------------------------- Total Ammonia................... 30.932 34.961 ------------------------------------------------------------------------ Source: 2013 PM2.5 Plan, Chapter 3, Tables 3.1, 3.7, 3.8, 3.9, and 3.10. [[Page 13397]] E. EPA's Evaluation and Final Action The inventories in the 2013 PM2.5 Plan are based on the most current and accurate information available to the State and District at the time the Plan and its inventories were being developed, including the latest EPA-approved version of California's mobile source emissions model, EMFAC2011, and the EPA's most recent AP-42 methodology for paved road dust. The inventories comprehensively address all source categories in the Imperial County NA and were developed consistent with the EPA's inventory guidance. For these reasons, we are approving the 2013 PM2.5 Plan's annual average and winter daily average inventories for 2008 as meeting the requirements of CAA section 172(c)(3). IV. Final Action The EPA is determining that the Imperial County NA has attained the 2006 24-hour PM2.5 NAAQS. As provided in 40 CFR 51.1015, this clean data determination suspends the requirements for this area to submit an attainment demonstration, associated RACM, RFP plan, contingency measures, and any other planning SIP revisions related to the attainment of the 2006 24-hour PM2.5 NAAQS, so long as this area continues to meet the standard. This clean data determination does not constitute a redesignation to attainment. The Imperial County NA will remain designated nonattainment for the 2006 24-hour PM2.5 NAAQS until such time as the EPA determines, pursuant to sections 107 and 175A of the CAA, that the Imperial County NA meets the CAA requirements for redesignation to attainment, including an approved maintenance plan showing that the area will continue to meet the standard for 10 years. We are also approving the 2013 PM2.5 Plan's annual average and winter daily average inventories for 2008 as meeting the requirements of CAA section 172(c)(3). As authorized in section 110(k)(3) of the Act, the EPA is fully approving the submitted base year emissions inventory because we believe it fulfills all relevant requirements. We do not think anyone will object to this inventory approval or the CDD, so we are finalizing them without proposing in advance. However, in the Proposed Rules section of this issue of the Federal Register, we are simultaneously proposing to make a CDD and proposing approval of the same submitted emissions inventory. If we receive adverse comments by April 12, 2017, we will publish a timely withdrawal in the Federal Register to notify the public that some or all of the provisions of the direct final approval will not take effect and we will address the comments in a subsequent final action based on the proposal. If we do not receive timely adverse comments, the direct final approval will be effective without further notice on May 12, 2017. V. Statutory and Executive Order Reviews This action makes a clean data determination based on air quality and suspends certain federal requirements, and thus, does not impose additional requirements beyond those imposed by state law. In addition, under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely approves State law as meeting federal requirements and does not impose additional requirements beyond those imposed by State law. For these reasons, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: January 3, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.220 is amended by adding paragraph (c)(484) to read as follows: Sec. 52.220 Identification of plan--in part. * * * * * (c) * * * (484) The following plan was submitted on January 9, 2015, by the Governor's designee. (i) [Reserved] (ii) Additional materials. (A) Imperial County Air Pollution Control District. (1) ``Imperial County 2013 State Implementation Plan for the 2006 24-Hour PM 2.5 Moderate Nonattainment Area,'' adopted December 2, 2014, Chapter 3 (``Emissions Inventory'') excluding: Section 3.4.1 (``Determination of Significant Sources of PM2.5 Precursors''); the 2011 and 2012 winter and annual average inventories in Table 3.1 (``PM2.5 Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual [[Page 13398]] Planning Emissions Inventories''); the 2011 and 2012 winter and annual average inventories in Table 3.7 (``NOX Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''); the 2011 and 2012 winter and annual average inventories in Table 3.8 (``VOCs Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''); the 2011 and 2012 winter and annual average inventories in Table 3.9 (``SOX Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''); and the 2011 and 2012 winter and annual average inventories in Table 3.10 (``Ammonia Emissions Inventory by Major Source Category 2008, 2011 and 2012 Winter and Annual Planning Emissions Inventories''). 0 3. Section 52.247 is amended by adding paragraph (i) to read as follows: Sec. 52.247 Control strategy and regulations: Fine Particle Matter. * * * * * (i) Determination of attainment. Effective May 12, 2017, EPA has determined that, based on 2013 to 2015 ambient air quality data, the Imperial County PM2.5 nonattainment area has attained the 2006 24-hour PM2.5 NAAQS. Under the provisions of EPA's PM2.5 implementation rule (see 40 CFR 51.1015), this determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 24-hour PM2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn. [FR Doc. 2017-04780 Filed 3-10-17; 8:45 am] BILLING CODE 6560-50-P
![13392 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations
in the Unfunded Mandates Reform Act the Administrator of this final rule does Report (May 2015)’’); and Appendix X–
of 1995 (Pub. L. 104–4); not affect the finality of this action for 1 (‘‘Proposed Rule 433’’).
• Does not have Federalism the purposes of judicial review nor does [FR Doc. 2017–04804 Filed 3–10–17; 8:45 am]
implications as specified in Executive it extend the time within which a BILLING CODE 6560–50–P
Order 13132 (64 FR 43255, August 10, petition for judicial review may be filed,
1999); and shall not postpone the effectiveness
• Is not an economically significant of such rule or action. This action may ENVIRONMENTAL PROTECTION
regulatory action based on health or not be challenged later in proceedings to AGENCY
safety risks subject to Executive Order enforce its requirements (see section
13045 (62 FR 19885, April 23, 1997); 307(b)(2)). 40 CFR Part 52
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR List of Subjects in 40 CFR Part 52
[EPA–R09–OAR–2016–0772; FRL–9958–21–
28355, May 22, 2001); Environmental protection, Air Region 9]
• Is not subject to requirements of
pollution control, Incorporation by
section 12(d) of the National Determination of Attainment and
reference, Intergovernmental relations,
Technology Transfer and Advancement Approval of Base Year Emissions
Particulate matter, Reporting and
Act of 1995 (15 U.S.C. 272 note) because Inventories for the Imperial County,
recordkeeping requirements.
application of those requirements would California Fine Particulate Matter
be inconsistent with the Clean Air Act; Authority: 42 U.S.C. 7401 et seq. Nonattainment Area
and Dated: January 13, 2017.
• Does not provide the EPA with the Deborah Jordan,
AGENCY: Environmental Protection
discretionary authority to address Agency (EPA).
Acting Regional Administrator, Region IX.
disproportionate human health or ACTION: Direct final rule.
environmental effects with practical, Part 52, chapter I, title 40 of the Code
appropriate, and legally permissible of Federal Regulations is amended as SUMMARY: The Environmental Protection
methods under Executive Order 12898 follows: Agency (EPA) is determining that the
(59 FR 7629, February 16, 1994). Imperial County, California Moderate
In addition, the SIP is not approved PART 52—APPROVAL AND nonattainment area (‘‘the Imperial
to apply on any Indian reservation land PROMULGATION OF County NA’’) has attained the 2006 24-
or in any other area where the EPA or IMPLEMENTATION PLANS hour fine particulate matter (PM2.5)
an Indian tribe has demonstrated that a national ambient air quality standard
tribe has jurisdiction. In those areas of ■ 1. The authority citation for part 52 (NAAQS or ‘‘standard’’). This
Indian country, the rule does not have continues to read as follows: determination, also known as a clean
tribal implications and will not impose data determination (CDD), is based upon
Authority: 42 U.S.C. 7401 et seq.
substantial direct costs on tribal complete, quality-assured, and certified
governments or preempt tribal law as Subpart F—California ambient air monitoring data showing
specified by Executive Order 13175 (65 that the area has monitored attainment
FR 67249, November 9, 2000). We ■ 2. Section 52.220 is amended by of the 2006 24-hour PM2.5 NAAQS based
notified local tribes of our proposed revising paragraph (c)(483) introductory on the 2013–2015 data available in the
approval and held two tribal text and by adding paragraph (c)(483)(ii) EPA’s Air Quality System database. As
consultations during the comment to read as follows: a consequence of this determination of
period. attainment, certain Clean Air Act (CAA)
The Congressional Review Act, 5 § 52.220 Identification of plan—in part. requirements that apply to the Imperial
U.S.C. 801 et seq., as added by the Small * * * * * County Air Pollution Control District
Business Regulatory Enforcement (c) * * * (ICAPCD or ‘‘District’’) shall be
Fairness Act of 1996, generally provides (483) The following plan was suspended for so long as the area
that before a rule may take effect, the submitted on June 9, 2016, by the continues to meet the 2006 24-hour
agency promulgating the rule must Governor’s designee. * * * PM2.5 NAAQS. The area remains
submit a rule report, which includes a nonattainment for the 2012 annual
copy of the rule, to each House of the (ii) Additional materials. PM2.5 NAAQS. The EPA is also
Congress and to the Comptroller General (A) Great Basin Unified Air Pollution approving a revision to California’s state
of the United States. The EPA will Control District (GBUAPCD). implementation plan (SIP) consisting of
submit a report containing this action (1) ‘‘2016 Owens Valley Planning the 2008 emissions inventory for the
and other required information to the Area PM10 State Implementation Plan,’’ Imperial County NA submitted by the
U.S. Senate, the U.S. House of adopted April 13, 2016, excluding all of California Air Resources Board (CARB
Representatives, and the Comptroller the following: Section 10.1 (‘‘Proposed or ‘‘State’’) on January 9, 2015. This
General of the United States prior to Rule 433’’); Appendix I–1 (‘‘2006 action is being taken under the CAA.
publication of the rule in the Federal Settlement Agreement’’); Appendix II–1 Elsewhere in this issue of the Federal
Register. A major rule cannot take effect (‘‘2014 Stipulated Judgement’’); Register, we are proposing approval and
until 60 days after it is published in the Appendices D (‘‘2008 GBUAPCD Board soliciting written comment on these
Federal Register. This action is not a Order No. 080128–01’’), E (‘‘2013 actions. If we receive adverse comments
‘‘major rule’’ as defined by 5 U.S.C. GBUAPCD Board Order No. 130916– on this direct final rule that result in
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804(2). 01’’), and F (‘‘GBUAPCD Fugitive Dust withdrawal of the entire rule or any
Under section 307(b)(1) of the Clean Rules (400, 401, 402)’’) of Appendix V– part(s) of it, we will address those
Air Act, petitions for judicial review of 1 (‘‘Owens Valley Planning Area 2016 comments when we finalize the
this action must be filed in the United State Implementation Plan BACM proposal. The EPA does not plan to
States Court of Appeals for the Assessment); Appendix VI–2 (‘‘Owens institute a second comment period on
appropriate circuit by May 12, 2017. Lake Dust Mitigation Program Phase 9/ this action. Any parties interested in
Filing a petition for reconsideration by 10 Project—Final Environmental Impact commenting must do so at this time.
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![13396 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations
The on-road mobile inventories use California Bureau of Automotive Repair source population, activity, and
EMFAC2011 for estimating motor for odometer readings and for emission emission estimates for all off-road
vehicle emissions.23 EMFAC2011 factors derived from vehicle vehicles, including boats, outdoor
calculates emission rates from all motor surveillance programs and recreational vehicles, industrial and
vehicles that operate on highways, dynamometer readings. construction equipment, farm
freeways, and local roads in California. Off-road emissions such as equipment, lawn and garden equipment,
EMFAC2011 uses California Department construction, aircraft (military, aircraft, and trains.
of Motor Vehicle registration data for commercial, and civil), gardening A summary of the Plan’s 2008 winter
the number of vehicles, the Southern equipment, agricultural equipment, and and annual base year inventories is
California Association of Governments recreational vehicle emissions were provided in Table 2 below. For a more
travel demand output model for the calculated using CARB’s 2011 Off-Road detailed discussion of the inventories,
number of vehicle miles traveled, and Model.24 The off-road model uses see the 2013 PM2.5 Plan, Chapter 3.
TABLE 2—PM2.5 EMISSIONS INVENTORY BY SOURCE CATEGORY, WINTER AND ANNUAL PLANNING EMISSIONS
INVENTORIES
[tpd (tons per day)]
Winter Annual
Source category average average
2008 2008
Direct PM2.5
Stationary Sources ............................................................................................................................................... 0.495 0.508
Area-Wide Sources .............................................................................................................................................. 10.786 10.933
Mobile Sources:
On-Road Vehicles ............................................................................................................................................ 0.302 0.301
Other Mobile Sources:
Aircraft ........................................................................................................................................................... 0.759 0.760
Off-Road, Trains, Recreational Boats, and Farm Equipment ...................................................................... 0.277 0.322
Total Direct PM2.5 ...................................................................................................................................... 12.619 12.824
Nitrogen Oxides
Stationary Sources ............................................................................................................................................... 1.836 1.875
Area-Wide Sources .............................................................................................................................................. 0.423 0.462
Mobile Sources:
On-Road Vehicles ............................................................................................................................................ 8.608 8.425
Other Mobile Sources:
Aircraft ........................................................................................................................................................... 1.523 1.524
Off-Road, Trains, Recreational Boats, and Farm Equipment ...................................................................... 6.053 6.502
Total Nitrogen Oxides ............................................................................................................................... 18.443 18.788
Volatile Organic Compounds
Stationary Sources ............................................................................................................................................... 1.059 1.071
Area-Wide Sources .............................................................................................................................................. 7.639 9.069
Mobile Sources:
On-Road Vehicles ............................................................................................................................................ 1.996 2.072
Other Mobile Sources:
Aircraft ........................................................................................................................................................... 2.186 2.189
Off-Road, Trains, Recreational Boats, and Farm Equipment ...................................................................... 2.657 3.624
Total Volatile Organic Compounds ........................................................................................................... 15.537 18.025
Sulfur Oxides
Stationary Sources ............................................................................................................................................... 0.079 0.081
Area-Wide Sources .............................................................................................................................................. 0.058 0.068
Mobile Sources:
On-Road Vehicles ............................................................................................................................................ 0.015 0.015
Other Mobile Sources:
Aircraft ........................................................................................................................................................... 0.204 0.205
Off-Road, Trains, Recreational Boats and Farm Equipment ....................................................................... 0.026 0.026
Total Sulfur Oxides .................................................................................................................................... 0.382 0.395
Ammonia
Stationary Sources ............................................................................................................................................... 3.142 3.100
Area-Wide Sources .............................................................................................................................................. 27.622 31.693
Mobile Sources:
On-Road Vehicles ............................................................................................................................................ 0.166 0.166
Other Mobile Sources:
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Aircraft ........................................................................................................................................................... 0.000 0.000
Off-Road, Trains, Recreational Boats and Farm Equipment ....................................................................... 0.002 0.002
Total Ammonia .......................................................................................................................................... 30.932 34.961
Source: 2013 PM2.5 Plan, Chapter 3, Tables 3.1, 3.7, 3.8, 3.9, and 3.10.
23 2013 PM2.5 Plan, p. 21–22. 24 Id.
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![Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations 13397
E. EPA’s Evaluation and Final Action provisions of the direct final approval • does not provide the EPA with the
The inventories in the 2013 PM2.5 will not take effect and we will address discretionary authority to address
Plan are based on the most current and the comments in a subsequent final disproportionate human health or
accurate information available to the action based on the proposal. If we do environmental effects with practical,
State and District at the time the Plan not receive timely adverse comments, appropriate, and legally permissible
and its inventories were being the direct final approval will be methods under Executive Order 12898
developed, including the latest EPA- effective without further notice on May (59 FR 7629, February 16, 1994).
approved version of California’s mobile 12, 2017. In addition, the SIP is not approved
source emissions model, EMFAC2011, to apply on any Indian reservation land
V. Statutory and Executive Order or in any other area where the EPA or
and the EPA’s most recent AP–42 Reviews
methodology for paved road dust. The an Indian tribe has demonstrated that a
This action makes a clean data tribe has jurisdiction. In those areas of
inventories comprehensively address all
determination based on air quality and Indian country, the rule does not have
source categories in the Imperial County
suspends certain federal requirements, tribal implications and will not impose
NA and were developed consistent with
and thus, does not impose additional substantial direct costs on tribal
the EPA’s inventory guidance. For these
requirements beyond those imposed by governments or preempt tribal law as
reasons, we are approving the 2013
state law. In addition, under the Clean specified by Executive Order 13175 (65
PM2.5 Plan’s annual average and winter
Air Act, the Administrator is required to FR 67249, November 9, 2000).
daily average inventories for 2008 as
approve a SIP submission that complies
meeting the requirements of CAA List of Subjects in 40 CFR Part 52
with the provisions of the Act and
section 172(c)(3). Environmental protection, Air
applicable federal regulations. 42 U.S.C.
IV. Final Action 7410(k); 40 CFR 52.02(a). Thus, in pollution control, Incorporation by
reviewing SIP submissions, the EPA’s reference, Nitrogen dioxide, Particulate
The EPA is determining that the
role is to approve State choices, matter, Reporting and recordkeeping
Imperial County NA has attained the
provided that they meet the criteria of requirements, Sulfur oxides, Volatile
2006 24-hour PM2.5 NAAQS. As
the Clean Air Act. Accordingly, this organic compounds.
provided in 40 CFR 51.1015, this clean
data determination suspends the proposed action merely approves State Dated: January 3, 2017.
requirements for this area to submit an law as meeting federal requirements and Alexis Strauss,
attainment demonstration, associated does not impose additional
Acting Regional Administrator, Region IX.
RACM, RFP plan, contingency requirements beyond those imposed by
Part 52, chapter I, title 40 of the Code
measures, and any other planning SIP State law. For these reasons, this
of Federal Regulations is amended as
revisions related to the attainment of the proposed action:
• Is not a ‘‘significant regulatory follows:
2006 24-hour PM2.5 NAAQS, so long as
action’’ subject to review by the Office PART 52—APPROVAL AND
this area continues to meet the standard.
of Management and Budget under PROMULGATION OF
This clean data determination does not
Executive Order 12866 (58 FR 51735, IMPLEMENTATION PLANS
constitute a redesignation to attainment.
October 4, 1993);
The Imperial County NA will remain • does not impose an information
designated nonattainment for the 2006 ■ 1. The authority citation for part 52
collection burden under the provisions continues to read as follows:
24-hour PM2.5 NAAQS until such time of the Paperwork Reduction Act (44
as the EPA determines, pursuant to U.S.C. 3501 et seq.);
Authority: 42 U.S.C. 7401 et seq.
sections 107 and 175A of the CAA, that • is certified as not having a
the Imperial County NA meets the CAA Subpart F—California
significant economic impact on a
requirements for redesignation to substantial number of small entities ■ 2. Section 52.220 is amended by
attainment, including an approved under the Regulatory Flexibility Act (5 adding paragraph (c)(484) to read as
maintenance plan showing that the area U.S.C. 601 et seq.); follows:
will continue to meet the standard for • does not contain any unfunded
10 years. We are also approving the mandate or significantly or uniquely § 52.220 Identification of plan—in part.
2013 PM2.5 Plan’s annual average and affect small governments, as described * * * * *
winter daily average inventories for in the Unfunded Mandates Reform Act (c) * * *
2008 as meeting the requirements of of 1995 (Pub. L. 104–4); (484) The following plan was
CAA section 172(c)(3). • does not have Federalism submitted on January 9, 2015, by the
As authorized in section 110(k)(3) of implications as specified in Executive Governor’s designee.
the Act, the EPA is fully approving the Order 13132 (64 FR 43255, August 10, (i) [Reserved]
submitted base year emissions inventory 1999); (ii) Additional materials.
because we believe it fulfills all relevant • is not an economically significant (A) Imperial County Air Pollution
requirements. We do not think anyone regulatory action based on health or Control District.
will object to this inventory approval or safety risks subject to Executive Order (1) ‘‘Imperial County 2013 State
the CDD, so we are finalizing them 13045 (62 FR 19885, April 23, 1997); Implementation Plan for the 2006 24-
without proposing in advance. • is not a significant regulatory action Hour PM2.5 Moderate Nonattainment
However, in the Proposed Rules section subject to Executive Order 13211 (66 FR Area,’’ adopted December 2, 2014,
of this issue of the Federal Register, we 28355, May 22, 2001); Chapter 3 (‘‘Emissions Inventory’’)
jstallworth on DSK7TPTVN1PROD with RULES
are simultaneously proposing to make a • is not subject to requirements of excluding: Section 3.4.1
CDD and proposing approval of the Section 12(d) of the National (‘‘Determination of Significant Sources
same submitted emissions inventory. If Technology Transfer and Advancement of PM2.5 Precursors’’); the 2011 and 2012
we receive adverse comments by April Act of 1995 (15 U.S.C. 272 note) because winter and annual average inventories
12, 2017, we will publish a timely application of those requirements would in Table 3.1 (‘‘PM2.5 Emissions
withdrawal in the Federal Register to be inconsistent with the Clean Air Act; Inventory by Major Source Category
notify the public that some or all of the and 2008, 2011 and 2012 Winter and Annual
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![13398 Federal Register / Vol. 82, No. 47 / Monday, March 13, 2017 / Rules and Regulations
Planning Emissions Inventories’’); the contingency measures, and other DATES: This rule will be effective on
2011 and 2012 winter and annual planning SIPs related to attainment for April 12, 2017.
average inventories in Table 3.7 (‘‘NOX as long as this area continues to attain ADDRESSES: The EPA has established a
Emissions Inventory by Major Source the 2006 24-hour PM2.5 NAAQS. If EPA docket for this action under Docket ID
Category 2008, 2011 and 2012 Winter determines, after notice-and-comment No. EPA–R09–OAR–2016–0245. All
and Annual Planning Emissions rulemaking, that this area no longer documents in the docket are listed on
Inventories’’); the 2011 and 2012 winter meets the 2006 24-hour PM2.5 NAAQS, the http://www.regulations.gov Web
and annual average inventories in Table the corresponding determination of site. Although listed in the index, some
3.8 (‘‘VOCs Emissions Inventory by attainment for that area shall be information is not publicly-available,
Major Source Category 2008, 2011 and withdrawn. e.g., Confidential Business Information
2012 Winter and Annual Planning [FR Doc. 2017–04780 Filed 3–10–17; 8:45 am] (CBI) or other information whose
Emissions Inventories’’); the 2011 and BILLING CODE 6560–50–P disclosure is restricted by statute.
2012 winter and annual average
Certain other material, such as
inventories in Table 3.9 (‘‘SOX
copyrighted material, is not placed on
Emissions Inventory by Major Source ENVIRONMENTAL PROTECTION the Internet and will be publicly-
Category 2008, 2011 and 2012 Winter AGENCY available only in hard copy form.
and Annual Planning Emissions
Publicly available docket materials are
Inventories’’); and the 2011 and 2012 40 CFR Part 52
winter and annual average inventories available through http://
in Table 3.10 (‘‘Ammonia Emissions [EPA–R09–OAR–2016–0245; FRL–9958–43– www.regulations.gov, or please contact
Region 9] the person identified in the FOR FURTHER
Inventory by Major Source Category
INFORMATION CONTACT section for
2008, 2011 and 2012 Winter and Annual Approval of California Air Plan
Planning Emissions Inventories’’). additional availability information.
Revisions, Yolo-Solano Air Quality
■ 3. Section 52.247 is amended by Management District FOR FURTHER INFORMATION CONTACT:
adding paragraph (i) to read as follows: Nancy Levin, EPA Region IX, (415) 972–
AGENCY: Environmental Protection 3848, levin.nancy@epa.gov.
§ 52.247 Control strategy and regulations: Agency (EPA).
Fine Particle Matter. SUPPLEMENTARY INFORMATION:
ACTION: Final rule. Throughout this document, ‘‘we,’’ ‘‘us’’
* * * * *
(i) Determination of attainment. SUMMARY: The Environmental Protection and ‘‘our’’ refer to the EPA.
Effective May 12, 2017, EPA has Agency (EPA) is taking final action to Table of Contents
determined that, based on 2013 to 2015 approve a revision to the Yolo-Solano
ambient air quality data, the Imperial Air Quality Management District I. Proposed Action
County PM2.5 nonattainment area has (YSAQMD) portion of the California II. Public Comments and EPA Responses
attained the 2006 24-hour PM2.5 State Implementation Plan (SIP). This III. EPA Action
NAAQS. Under the provisions of EPA’s revision concerns emissions of volatile IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
PM2.5 implementation rule (see 40 CFR organic compounds (VOCs) and
51.1015), this determination suspends particulate matter (PM) from confined I. Proposed Action
the requirements for this area to submit animal facilities (CAFs). We are
an attainment demonstration, associated approving a local rule that regulates On December 1, 2016 (81 FR 86662),
reasonably available control measures, a these emission sources under the Clean the EPA proposed to approve the
reasonable further progress plan, Air Act (CAA or the Act). following rule into the California SIP.
Local agency Rule No. Rule title Adopted Submitted
YSAQMD ........ 11.2 Confined Animal Facilities Permit Program ........................................................ 06/14/06 10/05/06
We proposed to approve this rule IV. Incorporation by Reference V. Statutory and Executive Order
because we determined that it complied Reviews
with the relevant CAA requirements. In this rule, the EPA is finalizing
regulatory text that includes Under the Clean Air Act, the
Our proposed action contains more
incorporation by reference. In Administrator is required to approve a
information on the rule and our SIP submission that complies with the
evaluation. accordance with requirements of 1 CFR
51.5, the EPA is finalizing the provisions of the Act and applicable
II. Public Comments and EPA incorporation by reference of the federal regulations. 42 U.S.C. 7410(k);
Responses YSAQMD rule described in the 40 CFR 52.02(a). Thus, in reviewing SIP
amendments to 40 CFR part 52 set forth submissions, the EPA’s role is to
The EPA’s proposed action provided approve state choices, provided that
below. The EPA has made, and will
a 30-day public comment period. During they meet the criteria of the Clean Air
continue to make, these documents
this period, we received no comments. Act. Accordingly, this action merely
available through www.regulations.gov
approves state law as meeting federal
III. EPA Action and at the EPA Region IX Office (please
jstallworth on DSK7TPTVN1PROD with RULES
requirements and does not impose
contact the person identified in the FOR additional requirements beyond those
No comments were submitted. FURTHER INFORMATION CONTACT section of
Therefore, as authorized in section imposed by state law. For that reason,
this preamble for more information). this action:
110(k)(3) of the Act, the EPA is fully
approving this rule into the California • Is not a significant regulatory action
SIP. subject to review by the Office of
Management and Budget under
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Document Created: 2018-02-01 14:57:42
Document Modified: 2018-02-01 14:57:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective on May 12, 2017 without further notice, unless the EPA receives adverse comments by April 12, 2017. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect. | |
| Contact | Ginger Vagenas, EPA Region IX, 415- 972-3964, [email protected] | |
| FR Citation | 82 FR 13392 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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