[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Rules and Regulations]
[Pages 1760-1762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00170]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0782; FRL-9766-7]
Determination of Attainment for the San Francisco Bay Area
Nonattainment Area for the 2006 Fine Particle Standard; California;
Determination Regarding Applicability of Clean Air Act Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to determine that the San Francisco
Bay Area nonattainment area in California has attained the 2006 24-hour
fine particle (PM2.5) National Ambient Air Quality Standard
(NAAQS). This determination is based upon complete, quality-assured,
and certified ambient air monitoring data showing that this area has
monitored attainment of the 2006 24-hour PM2.5 NAAQS based
on the 2009-2011 monitoring period. Based on the above determination,
the requirements for this area to submit an attainment demonstration,
together with reasonably available control measures (RACM), a
reasonable further progress (RFP) plan, and contingency measures for
failure to meet RFP and attainment deadlines are suspended for so long
as the area continues to attain the 2006 24-hour PM2.5
NAAQS.
DATES: This rule is effective on February 8, 2013.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0782 for
this action. Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed at 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). To inspect the hard copy materials,
please schedule an appointment during normal business hours with the
contact listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: John Ungvarsky, (415) 972-3963, or by
email at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. EPA's Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On October 29, 2012 (77 FR 65521), EPA proposed to determine that
the San Francisco Bay Area nonattainment area\1\ has attained the 2006
24-hour NAAQS \2\ for fine particles (generally referring to particles
less than or equal to 2.5 micrometers in diameter, PM2.5).
---------------------------------------------------------------------------
\1\ The San Francisco Bay Area PM2.5 nonattainment
area includes southern Sonoma, Napa, Marin, Contra Costa, San
Francisco, Alameda, San Mateo, Santa Clara and the western part of
Solano counties.
\2\ The 2006 24-hour PM2.5 NAAQS is 35 micrograms per
cubic meter ([micro]g/m\3\), based on a 3-year average of the 98th
percentile of 24-hour concentrations.
---------------------------------------------------------------------------
In our proposed rule, we explained how EPA makes an attainment
determination for the 2006 24-hour PM2.5 NAAQS by reference
to complete, quality-assured data gathered at State and Local Air
Monitoring Stations (SLAMS) and entered into EPA's Air Quality System
(AQS) database and by reference to 40 CFR 50.13 (``National primary and
secondary ambient air quality standards for PM2.5'') and
appendix N to [40 CFR] part 50 (``Interpretation of the National
Ambient Air Quality Standards for PM2.5''). EPA proposed the
determination of attainment for the San Francisco Bay Area based upon a
review of the monitoring network operated by the Bay Area Air Quality
Management District (BAAQMD) and the data collected at the 10
monitoring sites operating during the most recent complete three-year
period (i.e., 2009 to 2011). Based on this review, EPA found that
complete, quality-assured and certified data for the San Francisco Bay
Area showed that the 24-hour design value for the 2009-2011 period was
equal to or less than 35 [micro]/m\3\ at all of the monitor sites. See
the data summary table on page 65523 of the October 29, 2012 proposed
rule. We also noted that preliminary data available in AQS for 2012
indicates that the San Francisco Bay Area continues to attain the
NAAQS.
In our proposed rule, based on the proposed determination of
attainment, we also proposed to apply EPA's Clean Data Policy to the
2006 PM2.5 NAAQS and thereby suspend the requirements for
this area to submit an attainment demonstration, associated reasonably
available control measures (RACM), a reasonable further progress (RFP)
plan, and contingency measures for so long as the area continues to
attain the 2006 24-hour PM2.5 NAAQS. See pages 65524-65525
of our October 29, 2012 proposed rule. In proposing to apply the Clean
Data Policy to the 2006 PM2.5 NAAQS, we explained how we are
applying the same statutory interpretation with respect to the
implications of clean data determinations that the Agency has long
applied in regulations for the 1997 8-hour ozone and PM2.5
NAAQS and in individual rulemakings for the 1-hour ozone,
PM10 and lead NAAQS.
Please see the October 29, 2012 proposed rule for more detailed
information concerning the PM2.5 NAAQS, designations of
PM2.5 nonattainment areas, the regulatory basis for
determining attainment of the NAAQS, BAAQMD's PM2.5
monitoring network, EPA's review and evaluation of the data, and the
rationale and implications for application of the Clean Data Policy to
the 2006 PM2.5 NAAQS.
II. Public Comments and EPA Responses
EPA's proposed rule provided a 30-day public comment period. During
this period, we received no comments.
III. EPA's Final Action
For the reasons provided in the proposed rule and summarized
herein, EPA is taking final action to determine that the San Francisco
Bay Area
[[Page 1761]]
nonattainment area in California has attained the 2006 24-hour
PM2.5 NAAQS based on the most recent three years of
complete, quality-assured, and certified data in AQS for 2009-2011.
Preliminary data available in AQS for 2012 show that this area
continues to attain the standard.
EPA is also taking final action, based on the above determination
of attainment, to suspend the requirements for the San Francisco Bay
Area nonattainment area to submit an attainment demonstration and
associated RACM, a RFP plan, contingency measures, and any other
planning SIPs related to attainment of the 2006 PM2.5 NAAQS
for so long as the area continues to attain the 2006 PM2.5
NAAQS. EPA's final action is consistent and in keeping with its long-
held interpretation of CAA requirements, as well as with EPA's
regulations for similar determinations for ozone (see 40 CFR 51.918)
and the 1997 fine particulate matter standards (see 40 CFR 51.1004(c)).
Today's final action does not constitute a redesignation of the San
Francisco Bay Area nonattainment area to attainment for the 2006 24-
hour PM2.5 NAAQS under CAA section 107(d)(3) because we have
not yet approved a maintenance plan for the San Francisco Bay Area
nonattainment area as meeting the requirements of section 175A of the
CAA or determined that the area has met the other CAA requirements for
redesignation. The classification and designation status in 40 CFR part
81 remain nonattainment for this area until such time as EPA determines
that California has met the CAA requirements for redesignating the San
Francisco Bay Area nonattainment area to attainment.
If the San Francisco Bay Area nonattainment area continues to
monitor attainment of the 2006 PM2.5 NAAQS, the requirements
for the area to submit an attainment demonstration and associated RACM,
a RFP plan, contingency measures, and any other planning requirements
related to attainment of the 2006 PM2.5 NAAQS will remain
suspended. If after today's action EPA subsequently determines, after
notice-and-comment rulemaking in the Federal Register, that the area
has violated the 2006 PM2.5 NAAQS, the basis for the
suspension of the attainment planning requirements for the area would
no longer exist, and the area would thereafter have to address such
requirements.
IV. Statutory and Executive Order Reviews
This final action makes a determination of attainment based on air
quality and suspends certain federal requirements, and thus, this
action would not impose additional requirements beyond those imposed by
state law. For this reason, the final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this final action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP obligations discussed herein do not apply to Indian
Tribes, and thus this action will not impose substantial direct costs
on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 11, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Nitrogen oxides, Sulfur oxides,
Reporting and recordkeeping requirements.
Dated: December 18, 2012.
Jared Blumenfeld,
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 52.247 is added to read as follows:
Sec. 52.247 Control Strategy and regulations: Fine Particle Matter.
(a) Determination of Attainment: Effective February 8, 2013, EPA
has determined that, based on 2009 to 2011 ambient air quality data,
the San Francisco Bay Area PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS. This determination
suspends the requirements for this area to submit an
[[Page 1762]]
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 PM2.5 NAAQS, the corresponding
determination of attainment for that area shall be withdrawn.
(b) [Reserved]
[FR Doc. 2013-00170 Filed 1-8-13; 8:45 am]
BILLING CODE 6560-50-P