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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
TABLE 1INDIAN WELLS VALLEY PM10 TABLE 2INDIAN WELLS VALLEY PM10 reasonable notice and opportunity for public hearing prior to adoption and MAXIMUM 24-HOUR VALUES
DESIGN VALUES
Ridgecrest monitor, AQS identification number 060290015/060290018

Year 2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020

Ridgecrest monitor, AQS identification number 060290015/060290018

Maximum value g/m3

84
162
47
55
65
72
57
46
52
143
43
56
51
44
66
60
107
177
401

Sources: EPA Air Quality System Quicklook Report 20012021, accessed February 8, 2021, and EPA Air Quality System Maximum Values Report 20192020, accessed August 10, 2021.

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Table 2 shows the estimated number of exceedances for the Indian Wells Valley PM10 area for the three-year design value periods starting in 2002
and ending in 2020. As shown in Table 1, one exceedance of the PM10 NAAQS
was recorded in 2003 at the Ridgecrest monitor. The District attributed the February 2, 2003 exceedance to transport of windblown dust from the Owens Lake area, citing high PM10
concentration readings at several nearby sites.22 Because the monitor operated on a one-in-six day sampling schedule during that time, the resulting estimated number of exceedances i.e., 24-hour design values for the 20012003, 2002
2004, and 20032005 periods are 2.0 at the Ridgecrest monitor. Since that time, the Indian Wells Valley has attained the PM10 NAAQS.

22 Email dated August 20, 2021, from Jeremiah Cravens, EKAPCD, to Ashley Graham, EPA Region IX. See also EPA Air Quality System Raw Data Qualifier Report 2003, accessed August 10, 2021.
The report shows that the District flagged the February 2, 2003 exceedance with the High Winds qualifier with a request to exclude the data as an exceptional event. The State did not submit documentation and a request for the EPA to concur on the exceedance as an exceptional event pursuant to 40 CFR 50.14.

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Design value period 20002002
20012003
20022004
20032005
20042006
20052007
20062008
20072009
20082010
20092011
20102012
20112013
20122014
20132015
20142016
20152017
20162018
20172019
20182020

Design value g/m3

0.0
2.0
2.0
2.0
a 0.0
a 0.0
a 0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.7

Sources: EPA Air Quality System Design Value Report 20012021, accessed February 8, 2021 and EPA Air Quality System Design Value Report 2020, accessed August 10, 2021.
a Invalid design value due to incomplete data in data years 2004, 2005, and 2006.

In California, CARB is the state agency responsible for the adoption and submission to the EPA of California SIPs and SIP revisions, and it has broad authority to establish emissions standards and other requirements for mobile sources. Local and regional air pollution control districts in California are responsible for the regulation of stationary sources and are generally responsible for the development of air quality plans. In the eastern portion of Kern County, EKAPCD develops and adopts air quality plans to address CAA
planning requirements applicable to the Indian Wells Valley planning area. Such plans are then submitted to CARB for adoption and submittal to the EPA as revisions to the California SIP.
On July 30, 2020, CARB submitted the Revised PM10 Maintenance Plan for Indian Wells Valley Attainment/
Maintenance Area Indian Wells Second Maintenance Plan for the 24hour PM10 NAAQS.23
II. Procedural Requirements for Adoption and Submittal of State Implementation Plan Revisions CAA sections 110a1 and 2 and section 110l require states to provide 23 The submittal package included the following two documents that make up the Indian Wells Second Maintenance Plan: Revised PM10
Maintenance Plan for Indian Wells Valley Attainment/Maintenance Area and Indian Wells Valley Condensable PM10 Emission Inventory.

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submission of a SIP or SIP revision. To meet these procedural requirements, every SIP submission should include evidence that the state provided adequate public notice and an opportunity for a public hearing consistent with the EPAs implementing regulations in 40 CFR 51.102.
CARBs July 30, 2020 SIP submittal package includes documentation of the public processes used by the District and CARB to adopt the Indian Wells Second Maintenance Plan. As documented in the submittal package, on April 1, 2020, the District published a notice in the Bakersfield Californian, a newspaper of general circulation in Kern County, that a public hearing to consider adoption of the Plan would be held on May 7, 2020. As documented in EKAPCD Resolution No. 202000305
included in the SIP revision submittal package, the Air Pollution Control Board of the EKAPCD adopted the Indian Wells Second Maintenance Plan on May 7, 2020, following the public hearing. On May 22, 2020, CARB
published on its website a notice of public hearing to be held on June 25, 2020, to consider adoption of the Plan.
As evidenced by CARB Resolution 20
18, CARB adopted the Indian Wells Second Maintenance Plan on June 25, 2020, following a public hearing. Based on documentation included in the July 30, 2020 SIP revision submittal package, we find that both the District and CARB
have satisfied the applicable statutory and regulatory requirements for reasonable public notice and hearing prior to adoption and submission of the Plan. Therefore, we find that the submission of the Indian Wells Second Maintenance Plan meets the procedural requirements for public notice and hearing in CAA sections 110a and 110l and in 40 CFR 51.102.24

III. Requirements for Second 10-Year Maintenance Plans Section 175A of the CAA provides the general framework for maintenance plans. The initial 10-year maintenance plan must provide for maintenance of the NAAQS for at least 10 years after redesignation, including any additional control measures necessary to ensure such maintenance. In addition, maintenance plans are to contain contingency provisions necessary to ensure the prompt correction of a violation of the NAAQS that occurs after redesignation. The contingency 24 On January 30, 2021, the Indian Wells Second Maintenance Plan was deemed complete by operation of law under CAA section 110k1B.

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