[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Rules and Regulations]
[Pages 32064-32067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14445]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2018-0181; FRL-9980-49--Region 9]
Approval and Promulgation of Air Quality State Implementation
Plans; California; Chico Redesignation Request and Maintenance Plan for
the 2006 24-Hour PM2.5 Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve, as a revision of the California state implementation
plan (SIP), the State's request to redesignate the Chico nonattainment
area to attainment for the 2006 24-hour fine particulate matter
(PM2.5) National Ambient Air Quality Standard (NAAQS or
``standard''). The EPA is also taking final action to approve the
PM2.5 maintenance plan and the determination that
contributions from motor vehicle emissions in the Chico nonattainment
area are insignificant. The EPA is approving this revision because it
meets the requirements of the Clean Air Act (CAA or ``the Act'') and
EPA guidance for such plans.
DATES: This rule is effective on August 10, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0181. All documents in the docket are
listed on the http://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through http://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office
(AIR-2), Environmental Protection Agency, Region IX, (415) 972-3964,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to the EPA.
Table of Contents
I. Background
II. Today's Final Actions
III. What are the effects of today's actions?
IV. Statutory and Executive Order Reviews
I. Background
On July 18, 1997, the EPA established the first air quality
standards for PM2.5.\1\ The EPA promulgated an annual
standard at a level of 15.0 micrograms per cubic meter ([micro]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations. In the same rulemaking, the EPA promulgated a 24-hour
standard of 65 [micro]g/m\3\ based on a 3-year average of the 98th
percentile of 24-hour concentrations. On October 17, 2006, the EPA
retained the annual average NAAQS at 15.0 [micro]g/m\3\ but revised the
24-hour PM2.5 NAAQS to 35 [micro]g/m\3\, based on the 3-year
average of the 98th percentile of 24-hour concentrations.\2\
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\1\ 62 FR 38652.
\2\ 71 FR 61144.
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Effective December 14, 2009, the EPA established initial air
quality designations under subpart 1 of the Act for most areas in the
United States for the 2006 24-hour PM2.5 NAAQS, including
the Chico area.\3\ \4\ Under subpart 1, within three years of the
effective date of designations, states with areas designated as
nonattainment for the 2006 24-hour PM2.5 NAAQS are required
to submit SIP revisions that, among other elements, provide for
implementation of reasonably available control measures (RACM),
reasonable further progress (RFP), attainment of the standard as
expeditiously as practicable but no later than five years from the
nonattainment designation (in this instance, no later than December 14,
2014), as well as contingency measures.\5\ \6\ Prior to the due date
for
[[Page 32065]]
these submissions, the California Air Resources Board (CARB or
``State'') requested that the EPA make a determination that, based on
quality assured and certified data from the 2008-2010 period, the Chico
PM2.5 nonattainment area had attained the 2006 24-hour
PM2.5 NAAQS.\7\ In addition to requesting a finding of
attainment, the State requested that the EPA suspend the attainment-
related planning requirements.
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\3\ All 1997 and 2006 PM2.5 NAAQS areas were
designated under subpart 1 of the Act. Subpart 1 contains the
general requirements for nonattainment areas for any pollutant
governed by a NAAQS and is less prescriptive than the other subparts
of title I, part D. See 74 FR 58688 (November 13, 2009).
\4\ The boundaries for this area are described in 40 CFR 81.305.
\5\ See CAA sections 172(a)(2), 172(c)(1), 172(c)(2), and
172(c)(9).
\6\ In response to a decision issued by the D.C. Circuit
(Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir.
2013), the EPA subsequently identified all PM2.5
nonattainment areas for the 1997 and 2006 NAAQS as ``moderate''
nonattainment areas under subpart 4 and established a new SIP
submission date of December 31, 2014, for moderate area attainment
plans and for any additional attainment-related or nonattainment new
source review plans necessary for areas to comply with the
requirements applicable under subpart 4. We also noted that the
moderate area attainment deadline under subpart 4 is no later than
December 31, 2015. See 79 FR 31566 (June 2, 2014).
\7\ Letter from James N. Goldstene, Executive Officer, CARB, to
Jared Blumenfeld, Regional Administrator, EPA Region IX, dated June
2, 2011.
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Effective October 10, 2013, the EPA determined that the Chico
nonattainment area had attained the 2006 24-hour PM2.5
standard based on the 2010-2012 monitoring period.\8\ Based on that
determination and pursuant to 40 CFR 51.1004(c), the requirements for
this area to submit an attainment demonstration, together with RACM, an
RFP plan, and contingency measures for failure to meet RFP and
attainment deadlines were suspended for so long as the area continued
to attain the 2006 24-hour PM2.5 NAAQS or until the area is
redesignated to attainment.\9\ The EPA subsequently issued a
determination that the Chico PM2.5 nonattainment area had
attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date of December 31, 2015, based on 2013-2015 data.\10\ On
December 18, 2017, CARB submitted the ``Chico, CA/Butte County
PM2.5 Nonattainment Area Redesignation Request and
Maintenance Plan'' (``Chico PM2.5 Plan'' or ``Plan'') and
requested that the EPA redesignate the Chico PM2.5
nonattainment area to attainment for the 2006 24-hour PM2.5
NAAQS.
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\8\ 78 FR 55225 (September 10, 2013).
\9\ For more information on the regulatory basis for determining
attainment of the NAAQS, see the proposed determination of
attainment at 77 FR 65651 (October 30, 2012).
\10\ 82 FR 21711 (May 10, 2017).
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On May 9, 2018, the EPA issued a notice of proposed rulemaking to
approve California's request to redesignate the Chico PM2.5
nonattainment area to attainment for the 2006 24-hour PM2.5
standard, as well as proposing to approve California's 10-year
maintenance plan for the area.\11\ We also proposed to determine that
the emission contributions from motor vehicles are insignificant. The
proposed rulemaking set forth the basis for determining that
California's redesignation request meets the CAA requirements for
redesignation for the 2006 24-hour PM2.5 standard and
provided an extensive background on the 2006 24-hour PM2.5
standard, CAA requirements for redesignation for the 2006 24-hour
PM2.5 standard, and their relationship to air quality in the
Chico nonattainment area.
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\11\ 83 FR 21238.
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Our proposed rulemaking also described the complete, quality-
assured, and certified air quality monitoring data for the Chico
nonattainment area for 2014-2016 showing that this area continued to
attain the 2006 24-hour PM2.5 standard. Certified data for
2017 and preliminary data for 2018 from non-regulatory monitors
available on CARB's real-time website are also consistent with
continued attainment of the standard.\12\
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\12\ 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 from both non-regulatory and regulatory
monitors in addition to historical regulatory data.
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The EPA's proposed action provided a 30-day public comment period.
During this period, we received one anonymous comment. After reviewing
the comment, we determined that it was outside the scope of our
proposed action and that it fails to identify any material issue
necessitating a response. The comment has been added to the docket for
this action and is accessible at https://www.regulations.gov/docket?D=EPA-R09-OAR-2018-0181.
II. Today's Final Actions
Based on our review of the Chico PM2.5 Plan submitted by
CARB, air quality monitoring data, and other relevant materials, and
for the reasons described in our proposed rule, the EPA is approving
under CAA section 107(d)(3)(D) the State's request to redesignate the
Chico PM2.5 nonattainment area to attainment for the 2006
24-hour PM2.5 NAAQS. We are doing so based on our conclusion
that the area has met the five criteria for redesignation under CAA
section 107(d)(3)(E): (1) The area has attained the 24-hour
PM2.5 NAAQS in the 2014-2016 time period and has continued
to attain the PM2.5 standard since that time; (2) the
relevant portions of the California SIP are fully approved; (3) the
improvement in air quality is due to permanent and enforceable
reductions in emissions; (4) California has met all requirements
applicable to the Chico PM2.5 nonattainment area with
respect to section 110 and part D of the CAA; and (5) the Chico
PM2.5 Plan meets the requirements of section 175A of the
CAA.
Under CAA section 110(k)(3), the EPA is also approving the Chico
PM2.5 Plan as a revision to the California SIP. The EPA
finds that the maintenance demonstration shows that the area will
continue to attain the 2006 24-hour PM2.5 NAAQS for at least
10 years beyond redesignation (i.e., through 2030) and that the
contingency provisions, which describe the actions that the Butte
County Air Quality Management District (BCAQMD) will take in the event
of a future monitored violation, meet all applicable requirements for
maintenance plans and related contingency provisions in CAA section
175A. The EPA is also taking final action to approve the emission
determination that contributions from motor vehicle emissions in the
Chico nonattainment area are insignificant. The EPA is finalizing these
actions because the SIP revision meets the requirements of the CAA, its
implementing regulations, and EPA guidance for such plans.
III. What are the effects of today's actions?
The EPA's approval of California's redesignation request changes
the legal designation of a portion of Butte County (the Chico
nonattainment area) for the 2006 24-hour PM2.5 NAAQS, found
at 40 CFR part 81, from nonattainment to attainment. Approval of
BCAQMD's associated SIP revision also incorporates a plan for
maintaining the 2006 24-hour PM2.5 NAAQS in the Chico area
through 2030 into the California SIP. The maintenance plan identifies
contingency measures to remedy any future violations of the 2006 24-
hour PM2.5 NAAQS.
As a result of the EPA's motor vehicle insignificance finding, the
Butte County Association of Governments is no longer required to
perform regional emissions analyses for either directly emitted
PM2.5 or nitrogen oxides as part of future PM2.5
conformity determinations for the 2006 24-hour PM2.5 NAAQS
for the Chico area. The EPA's insignificance finding should, however,
be noted in the transportation conformity documentation that is
prepared for this area. Areas with insignificant regional motor vehicle
emissions for a pollutant or precursor are still required to make a
conformity determination that satisfies other relevant conformity
requirements such as financial constraint, timely implementation of
transportation control measures, and project level conformity.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the
[[Page 32066]]
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 CAA.
Accordingly, this action merely approves State law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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). We offered to consult with the Enterprise Rancheria of Maidu
Indians of California, the Berry Creek Rancheria of Maidu Indians of
California, the Mooretown Rancheria of Maidu Indians of California, and
the Mechoopda Indian Tribe of Chico Rancheria, which have lands within
the Chico PM2.5 nonattainment area. The tribes did not
respond to the EPA's offer to consult.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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 September 10, 2018. 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
40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 26, 2018.
Deborah Jordan,
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)(506) to read as
follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(506) The following plan was submitted on December 18, 2017, by the
Governor's designee.
(i) [Reserved]
(ii) Additional materials. (A) Butte County Air Quality Management
District.
(1) ``Chico, CA/Butte County PM2.5 Nonattainment Area
Redesignation Request and Maintenance Plan,'' adopted October 26, 2017.
(2) [Reserved]
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
4. Section 81.305 is amended by revising the entry for ``Chico, CA'' in
the table entitled ``California--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]'' to read as follows:
Sec. 81.305 California.
* * * * *
[[Page 32067]]
California--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
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Designation \a\ Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
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Chico, CA:
Butte County (part)......... August 10, 2018... Attainment........
That portion of Butte
County which lies west
of the line described
as follows: (Mount
Diablo Base and
Meridian) Beginning at
the intersection of the
Butte-Yuba county line
and the township line
common to T18N R6E and
T19N R6E, west to the
township line common to
T18N R6E and T19N R6E,
then north along the
range line common to
R5E and R6E, then west
along the township line
common to T21N and
T20N, then north along
the range line common
to R4E and R5E, then
west along the township
line common to T24N and
T23N to the Butte-
Tehama County boundary.
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\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.
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[FR Doc. 2018-14445 Filed 7-10-18; 8:45 am]
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