Determination of Attainment for the Chico Nonattainment Area for the 2006 Fine Particle Standard; California; Determination Regarding Applicability of Clean Air Act Requirements, 55225-55228 [2013-21877]
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Federal Register / Vol. 78, No. 175 / Tuesday, September 10, 2013 / Rules and Regulations
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Minor Permit Revision Procedures for
Permit Revisions Involving the Use of
Economic Incentives, Marketable Permits, and Emissions Trading.
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0800; FRL–9900–69Region9]
DATES:
Determination of Attainment for the
Chico Nonattainment Area for the 2006
Fine Particle Standard; California;
Determination Regarding Applicability
of Clean Air Act Requirements
EPA has established docket
number EPA–R09–OAR–2012–0800 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.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
determine that the Chico nonattainment
area in Butte County, California has
attained the 2006 24-hour fine particle
(PM2.5) National Ambient Air Quality
Standard (NAAQS or standard). 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 2010–2012 monitoring period. Based
on the above determination, the
SUMMARY:
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requirements for this area to submit an
attainment demonstration, together with
reasonably available control measures, 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.
[FR Doc. 2013–21868 Filed 9–9–13; 8:45 am]
Explanation
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number where
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John
Ungvarsky, (415) 972–3963, or by email
at ungvarsky.john@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean
EPA.
Table of Contents
I. Summary of EPA’s Proposed Action
II. Public Comments
III. EPA’s Final Action
IV. Statutory and Executive Order Reviews
I. Summary of EPA’s Proposed Action
On October 30, 2012 (77 FR 65651),
EPA proposed to determine that the
Chico nonattainment area in California
has attained the 2006 24-hour NAAQS
for fine particles (generally referring to
particles less than or equal to 2.5
micrometers in diameter, PM 2.5). The
2006 24-hour PM2.5 NAAQS is 35
micrograms per cubic meter (mg/m3),
based on a 3-year average of the 98th
percentile of 24-hour concentrations.
The Chico PM2.5 nonattainment area
includes the southwestern two-thirds of
Butte County, California. Butte County
lies in the central portion of northern
California’s Sacramento Valley Air
Basin, which stretches from Sacramento
County in the south to Shasta County in
the north.
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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, and certified data
gathered at a State and Local Air
Monitoring Station(s) (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
Chico nonattainment area based upon a
review of the monitoring network and
the ambient air quality data collected at
the monitoring sites during the 2009–
2011 period. The monitoring network in
the area is operated by the California Air
Resources Board (CARB). Based on
these reviews, EPA found that complete,
quality-assured and certified data for the
Chico nonattainment area showed that
the 24-hour design value for the 2009–
2011 period was equal to or less than 35
m/m3 at the area’s SLAMs monitor site.
Since publication of our October 30,
2012 proposal, CARB has entered data
into AQS for the final two quarters of
2012 and the first quarter of 2013, and
has certified the data for 2012.1 Thus,
we now have complete, quality-assured,
and certified data for 2010–2012.
Because we make determinations of
attainment based on the most recent
three years of complete, quality-assured
and certified data, we have updated the
proposed determination of attainment
(which had been based on 2009–2011
data) to reflect the 2010–2012 period.
Specifically, we have updated table 1
(shown below) from the proposed rule
to reflect the data for 2012. As shown in
table 1, the design value (34 mg/m3) in
the Chico nonattainment area for the
2010–2012 period is less than 35 mg/m3
and thus shows that the area has
attained the 2006 24-hour PM2.5
standard. Therefore, we are taking final
action today to determine that the Chico
nonattainment area has attained the
2006 24-hour PM2.5 standard based on
complete, quality-assured and certified
data for 2010–2012. Preliminary data for
2013 (not shown in table 1 but included
in the docket for this action) show that
the area continues to attain the
standard.
TABLE 1—2009–2012 24-HOUR PM2.5 MONITORING SITE AND DESIGN VALUES FOR THE CHICO NONATTAINMENT AREA.
Monitoring site a
Chico-Manzanita ..........
Chico-East ....................
98th percentile
(μg/m3)
Design values
(μg/m3)
AQS site
identification
No.
2009
2010
2011
2012 b
2009–2011
2010–2012 b
06–007–0002
06–007–0008
30.0
........................
29.0
........................
46.2
........................
26.3
........................
35
........................
34
........................
a The Chico monitoring site was moved in 2012 to address siting issues, and EPA has approved this network modification request. See August
22, 2013 letter from Meredith Kurpius, Manager, Air Quality Analysis Office, EPA Region IX, to Michael Benjamin, Chief, Monitoring and Laboratory Division, CARB.
b The 2012 98th percentile and design value are calculated using January 1 through June 30, 2012 data from the Chico-Manzanita site and
July 1 through December 31, 2012 data from the new Chico-East site.
Source: AQS Design Value and Raw Data Reports, August 9, 2013.
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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 and 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 65653–65655 of our October
30, 2012 proposed rule. In proposing to
apply the Clean Data Policy to the 2006
24-hour 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. See 78
FR 65651, at 65654 (October 30, 2012).
EPA notes that on January 4, 2013, in
Natural Resources Defense Council v.
EPA, the D.C. Circuit remanded to EPA
the ‘‘Final Clean Air Fine Particle
Implementation Rule’’ (72 FR 20586,
April 25, 2007) and the
‘‘Implementation of the New Source
Review (NSR) Program for Particulate
Matter Less than 2.5 Micrometers
(PM2.5)’’ final rule (73 FR 28321, May
16, 2008) (collectively, ‘‘1997 PM2.5
Implementation Rule’’ or
‘‘Implementation Rule’’). 706 F.3d 428
(D.C. Cir. 2013). While the D.C. Circuit,
in its January 4, 2013 decision,
remanded the 1997 PM2.5
Implementation Rule to EPA to re-
promulgate the Implementation Rule
pursuant to subpart 4,2 the court did not
address the merits of that regulation, nor
cast doubt on EPA’s interpretation of the
statutory provisions under its Clean
Data Policy.
EPA has taken the Court’s decision
into consideration in evaluating the
effects of a determination of attainment
for the Chico nonattainment area under
subpart 4, in addition to subpart 1.3
Pursuant to EPA’s Clean Data Policy
interpretation, a determination that the
area has attained the standard suspends
the State’s obligation to submit
attainment-related planning
requirements of subpart 4 (as well as the
applicable provisions of subpart 1) for
so long as the area continues to attain
the standard. These include
requirements to submit an attainment
1 See letter from Sylvia Vanderspek, Chief, Air
Quality Data Branch, Planning and Technical
Support Division, CARB, to Jared Blumenfeld,
Regional Administrator, U.S. EPA Region IX,
certifying calendar year 2012 ambient air quality
data and quality assurance data, May 16, 2013.
2 EPA established the Implementation Rule
pursuant to subpart 1 (‘‘Nonattainment Areas in
General’’) of part D (‘‘Plan Requirements for
Nonattainment Areas’’) of title I of the CAA.
Subpart 4 (‘‘Additional Provisions for Particulate
Matter Nonattainment Areas’’) includes more
prescriptive SIP nonattainment area requirements
than those set forth in subpart 1.
3 For the purposes of evaluating the effects of this
determination of attainment under subpart 4, we are
considering Chico to be a ‘‘moderate’’ PM2.5
nonattainment area. Under section 188 of the CAA,
all areas designated nonattainment areas under
subpart 4 would initially be classified by operation
of law as ‘‘moderate’’ nonattainment areas, and
would remain moderate nonattainment areas unless
and until EPA reclassifies the area as a ‘‘serious’’
nonattainment area. Accordingly, the evaluation of
the potential impact of subpart 4 requirements is
limited to those applicable to moderate
nonattainment areas. Sections 189(a) and (c) of
subpart 4 apply to moderate nonattainment areas
and include: an attainment demonstration (section
189(a)(1)(B)); provisions for RACM (section
189(a)(1)(C)); and quantitative milestones
demonstrating RFP toward attainment by the
applicable attainment date (section 189(c)). In
addition, EPA also evaluates the applicable
requirements of subpart 1.
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demonstration, RFP, RACM, and
contingency measures, because the
purpose of these provisions is to help
reach attainment, a goal that has already
been achieved. Thus, under both
subpart 1 and subpart 4, a determination
of attainment suspends a state’s
obligations to submit attainment-linked
planning requirements for so long as the
area continues in attainment.
EPA has long applied its Clean Data
interpretation under subpart 4 in
implementing the PM10 standard.4 In
EPA’s proposed and final rulemakings
determining that the San Joaquin Valley
nonattainment area attained the PM10
standard, EPA set forth at length its
rationale for applying the Clean Data
Policy to subpart 4. The Ninth Circuit
upheld EPA’s final rulemaking, and
specifically EPA’s Clean Data Policy, in
the context of subpart 4. Latino Issues
Forum v. EPA, supra. Nos. 06–75831
and 08–71238 (9th Cir.), Memorandum
Opinion, March 2, 2009. In rejecting
petitioner’s challenge to the Clean Data
Policy under subpart 4 for PM10, the
Ninth Circuit stated, ‘‘As the EPA
explained, if an area is in compliance
with PM10 standards, then further
progress for the purpose of ensuring
attainment is not necessary.’’
EPA is determining, based on the
most recent three years of complete,
quality-assured data meeting the
requirements of 40 CFR part 50,
appendix N, that the Chico
nonattainment area is currently
attaining the 2006 24-hour PM2.5
NAAQS. In conjunction with and based
upon our determination that Chico
nonattainment area has attained and is
currently attaining the standard, EPA is
also determining that the obligation to
submit the following attainment-related
planning requirements is not applicable
for so long as the area continues to
attain the PM2.5 standard: The part D,
subpart 4 obligations to provide an
attainment demonstration pursuant to
section 189(a)(1)(B); the RACM
provisions of section 189(a)(1)(C); the
RFP provisions of section 189(c); and
the related attainment demonstration,
RACM, RFP and contingency measure
provisions requirements of subpart 1,
4 See, e.g., 75 FR 6571 (February 10, 2010) (Baton
Rouge, Louisiana area); 71 FR 6352 (February 8,
2006) (Ajo, Arizona area); 71 FR 13021 (March 14,
2006) (Yuma, Arizona area); 71 FR 40023 (July 14,
2006) (Weirton, West Virginia area); 71 FR 44920
(August 8, 2006) (Rillito, Arizona area); 71 FR
63642 (October 30, 2006) (San Joaquin Valley,
California area); 72 FR 14422 (March 28, 2007)
(Miami, Arizona area); and 75 FR 27944 (May 19,
2010) (Coso Junction, California area). Thus EPA
has established that, under subpart 4, an attainment
determination suspends the obligations to submit
an attainment demonstration, RACM, RFP,
contingency measures, and other measures related
to attainment.
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section 172. This determination does
not constitute a redesignation to
attainment under CAA section
107(d)(3).
Please see the October 30, 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, the Chico nonattainment area’s
PM2.5 monitoring network, and EPA’s
review and evaluation of the data.
II. Public Comments
EPA’s proposed rule provided a 30day public comment 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 Chico nonattainment area in
California has attained the 2006 24-hour
PM2.5 NAAQS based on three years of
complete, quality-assured, and certified
data in AQS for 2010–2012. Preliminary
data for 2013 show that this area
continues to attain the NAAQS.
EPA is also taking final action, based
on the above determination of
attainment, to suspend the requirements
for the Chico 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 24-hour PM2.5 NAAQS for so
long as the area continues to attain the
2006 24-hour 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) for the
1997 8-hour ozone and in individual
rulemakings for the 1-hour ozone, PM10
and lead NAAQS.
Today’s final action does not
constitute a redesignation of the Chico
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
Chico 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
Chico nonattainment area to attainment.
If the Chico nonattainment area
continues to monitor attainment of the
2006 24-hour PM2.5 NAAQS, the
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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 24-hour 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 24-hour
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
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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 November 12, 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, Nitrogen oxides, Particulate
Matter, Sulfur oxides, Reporting and
recordkeeping requirements.
Dated: August 22, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
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1. The authority citation for Part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
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FOR FURTHER INFORMATION CONTACT:
2. Section 52.247 is amended by
adding paragraph (d) to read as follows:
SUPPLEMENTARY INFORMATION:
Obren Davis, 907–586–7228.
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§ 52.247 Control Strategy and Regulations:
Fine Particle Matter.
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(d) Determination of Attainment:
Effective October 10, 2013, EPA has
determined that, based on 2010 to 2012
ambient air quality data, the Chico PM2.5
nonattainment area has attained the
2006 24-hour PM2.5 NAAQS. 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. 2013–21877 Filed 9–9–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 120918468–3111–02]
RIN 0648–XC856
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Western Regulatory
Area of the Gulf of Alaska Management
Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is reallocating the
projected unused amount of Pacific cod
from trawl catcher/processors to catcher
vessels using hook-and-line gear in the
Western Regulatory Area of the Gulf of
Alaska management area (GOA). This
action is necessary to allow the 2013
total allowable catch of Pacific cod in
the Western Regulatory Area of the GOA
to be harvested.
DATES: Effective September 5, 2013,
through 2400 hours, Alaska local time
(A.l.t.), December 31, 2013.
SUMMARY:
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Subpart F—California
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NMFS
manages the groundfish fishery in the
Gulf of Alaska exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The 2013 Pacific cod total allowable
catch specified for trawl catcher/
processors (C/Ps) in the Western
Regulatory Area of the GOA is 496
metric tons (mt) as established by the
final 2013 and 2014 harvest
specifications for groundfish in the GOA
(78 FR 13162, February 26, 2013). The
Administrator, Alaska Region (Regional
Administrator) has determined that
trawl C/Ps will not be able to harvest
100 mt of the 2013 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(12)(i)(A). In accordance with
§ 679.20(a)(12)(ii)(B), the Regional
Administrator has also determined that
catcher vessels using hook-and-line
currently have the capacity to harvest
this excess allocation and reallocates
100 mt to catcher vessels using hookand-line gear in the Western Regulatory
Area of the GOA.
The harvest specifications for Pacific
cod in the Western Regulatory Area of
the GOA included in the final 2013
harvest specifications for groundfish in
the GOA (78 FR 13162, February 26,
2013) is revised as follows: 396 mt for
trawl C/Ps and 390 mt for vessels using
hook-and-line gear.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the reallocation of Pacific cod
specified from trawl C/Ps to vessels
using hook-and-line gear. Since the
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[Federal Register Volume 78, Number 175 (Tuesday, September 10, 2013)]
[Rules and Regulations]
[Pages 55225-55228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21877]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2012-0800; FRL-9900-69-Region9]
Determination of Attainment for the Chico 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.
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SUMMARY: EPA is taking final action to determine that the Chico
nonattainment area in Butte County, California has attained the 2006
24-hour fine particle (PM2.5) National Ambient Air Quality
Standard (NAAQS or standard). 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 2010-2012 monitoring period. Based
on the above determination, the requirements for this area to submit an
attainment demonstration, together with reasonably available control
measures, 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 October 10, 2013.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0800 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 ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'',
``us'' or ``our'' are used, we mean EPA.
Table of Contents
I. Summary of EPA's Proposed Action
II. Public Comments
III. EPA's Final Action
IV. Statutory and Executive Order Reviews
I. Summary of EPA's Proposed Action
On October 30, 2012 (77 FR 65651), EPA proposed to determine that
the Chico nonattainment area in California has attained the 2006 24-
hour NAAQS for fine particles (generally referring to particles less
than or equal to 2.5 micrometers in diameter, PM 2.5). 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. The Chico PM2.5 nonattainment area
includes the southwestern two-thirds of Butte County, California. Butte
County lies in the central portion of northern California's Sacramento
Valley Air Basin, which stretches from Sacramento County in the south
to Shasta County in the north.
[[Page 55226]]
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, and certified data gathered at a State
and Local Air Monitoring Station(s) (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 Chico nonattainment area based upon a review of the monitoring
network and the ambient air quality data collected at the monitoring
sites during the 2009-2011 period. The monitoring network in the area
is operated by the California Air Resources Board (CARB). Based on
these reviews, EPA found that complete, quality-assured and certified
data for the Chico nonattainment area showed that the 24-hour design
value for the 2009-2011 period was equal to or less than 35 [micro]/
m\3\ at the area's SLAMs monitor site.
Since publication of our October 30, 2012 proposal, CARB has
entered data into AQS for the final two quarters of 2012 and the first
quarter of 2013, and has certified the data for 2012.\1\ Thus, we now
have complete, quality-assured, and certified data for 2010-2012.
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\1\ See letter from Sylvia Vanderspek, Chief, Air Quality Data
Branch, Planning and Technical Support Division, CARB, to Jared
Blumenfeld, Regional Administrator, U.S. EPA Region IX, certifying
calendar year 2012 ambient air quality data and quality assurance
data, May 16, 2013.
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Because we make determinations of attainment based on the most
recent three years of complete, quality-assured and certified data, we
have updated the proposed determination of attainment (which had been
based on 2009-2011 data) to reflect the 2010-2012 period. Specifically,
we have updated table 1 (shown below) from the proposed rule to reflect
the data for 2012. As shown in table 1, the design value (34 [micro]g/
m\3\) in the Chico nonattainment area for the 2010-2012 period is less
than 35 [micro]g/m\3\ and thus shows that the area has attained the
2006 24-hour PM2.5 standard. Therefore, we are taking final
action today to determine that the Chico nonattainment area has
attained the 2006 24-hour PM2.5 standard based on complete,
quality-assured and certified data for 2010-2012. Preliminary data for
2013 (not shown in table 1 but included in the docket for this action)
show that the area continues to attain the standard.
Table 1--2009-2012 24-Hour PM2.5 Monitoring Site and Design Values for the Chico Nonattainment Area.
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AQS site 98th percentile ([micro]g/m\3\) Design values ([micro]g/m\3\)
Monitoring site \a\ identification -----------------------------------------------------------------------------------------------
No. 2009 2010 2011 2012 \b\ 2009-2011 2010-2012 \b\
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Chico-Manzanita......................... 06-007-0002 30.0 29.0 46.2 26.3 35 34
Chico-East.............................. 06-007-0008 .............. .............. .............. .............. .............. ..............
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\a\ The Chico monitoring site was moved in 2012 to address siting issues, and EPA has approved this network modification request. See August 22, 2013
letter from Meredith Kurpius, Manager, Air Quality Analysis Office, EPA Region IX, to Michael Benjamin, Chief, Monitoring and Laboratory Division,
CARB.
\b\ The 2012 98th percentile and design value are calculated using January 1 through June 30, 2012 data from the Chico-Manzanita site and July 1 through
December 31, 2012 data from the new Chico-East site.
Source: AQS Design Value and Raw Data Reports, August 9, 2013.
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 and 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
65653-65655 of our October 30, 2012 proposed rule. In proposing to
apply the Clean Data Policy to the 2006 24-hour 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. See 78 FR 65651, at 65654
(October 30, 2012).
EPA notes that on January 4, 2013, in Natural Resources Defense
Council v. EPA, the D.C. Circuit remanded to EPA the ``Final Clean Air
Fine Particle Implementation Rule'' (72 FR 20586, April 25, 2007) and
the ``Implementation of the New Source Review (NSR) Program for
Particulate Matter Less than 2.5 Micrometers (PM2.5)'' final
rule (73 FR 28321, May 16, 2008) (collectively, ``1997 PM2.5
Implementation Rule'' or ``Implementation Rule''). 706 F.3d 428 (D.C.
Cir. 2013). While the D.C. Circuit, in its January 4, 2013 decision,
remanded the 1997 PM2.5 Implementation Rule to EPA to re-
promulgate the Implementation Rule pursuant to subpart 4,\2\ the court
did not address the merits of that regulation, nor cast doubt on EPA's
interpretation of the statutory provisions under its Clean Data Policy.
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\2\ EPA established the Implementation Rule pursuant to subpart
1 (``Nonattainment Areas in General'') of part D (``Plan
Requirements for Nonattainment Areas'') of title I of the CAA.
Subpart 4 (``Additional Provisions for Particulate Matter
Nonattainment Areas'') includes more prescriptive SIP nonattainment
area requirements than those set forth in subpart 1.
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EPA has taken the Court's decision into consideration in evaluating
the effects of a determination of attainment for the Chico
nonattainment area under subpart 4, in addition to subpart 1.\3\
Pursuant to EPA's Clean Data Policy interpretation, a determination
that the area has attained the standard suspends the State's obligation
to submit attainment-related planning requirements of subpart 4 (as
well as the applicable provisions of subpart 1) for so long as the area
continues to attain the standard. These include requirements to submit
an attainment
[[Page 55227]]
demonstration, RFP, RACM, and contingency measures, because the purpose
of these provisions is to help reach attainment, a goal that has
already been achieved. Thus, under both subpart 1 and subpart 4, a
determination of attainment suspends a state's obligations to submit
attainment-linked planning requirements for so long as the area
continues in attainment.
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\3\ For the purposes of evaluating the effects of this
determination of attainment under subpart 4, we are considering
Chico to be a ``moderate'' PM2.5 nonattainment area.
Under section 188 of the CAA, all areas designated nonattainment
areas under subpart 4 would initially be classified by operation of
law as ``moderate'' nonattainment areas, and would remain moderate
nonattainment areas unless and until EPA reclassifies the area as a
``serious'' nonattainment area. Accordingly, the evaluation of the
potential impact of subpart 4 requirements is limited to those
applicable to moderate nonattainment areas. Sections 189(a) and (c)
of subpart 4 apply to moderate nonattainment areas and include: an
attainment demonstration (section 189(a)(1)(B)); provisions for RACM
(section 189(a)(1)(C)); and quantitative milestones demonstrating
RFP toward attainment by the applicable attainment date (section
189(c)). In addition, EPA also evaluates the applicable requirements
of subpart 1.
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EPA has long applied its Clean Data interpretation under subpart 4
in implementing the PM10 standard.\4\ In EPA's proposed and
final rulemakings determining that the San Joaquin Valley nonattainment
area attained the PM10 standard, EPA set forth at length its
rationale for applying the Clean Data Policy to subpart 4. The Ninth
Circuit upheld EPA's final rulemaking, and specifically EPA's Clean
Data Policy, in the context of subpart 4. Latino Issues Forum v. EPA,
supra. Nos. 06-75831 and 08-71238 (9th Cir.), Memorandum Opinion, March
2, 2009. In rejecting petitioner's challenge to the Clean Data Policy
under subpart 4 for PM10, the Ninth Circuit stated, ``As the
EPA explained, if an area is in compliance with PM10
standards, then further progress for the purpose of ensuring attainment
is not necessary.''
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\4\ See, e.g., 75 FR 6571 (February 10, 2010) (Baton Rouge,
Louisiana area); 71 FR 6352 (February 8, 2006) (Ajo, Arizona area);
71 FR 13021 (March 14, 2006) (Yuma, Arizona area); 71 FR 40023 (July
14, 2006) (Weirton, West Virginia area); 71 FR 44920 (August 8,
2006) (Rillito, Arizona area); 71 FR 63642 (October 30, 2006) (San
Joaquin Valley, California area); 72 FR 14422 (March 28, 2007)
(Miami, Arizona area); and 75 FR 27944 (May 19, 2010) (Coso
Junction, California area). Thus EPA has established that, under
subpart 4, an attainment determination suspends the obligations to
submit an attainment demonstration, RACM, RFP, contingency measures,
and other measures related to attainment.
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EPA is determining, based on the most recent three years of
complete, quality-assured data meeting the requirements of 40 CFR part
50, appendix N, that the Chico nonattainment area is currently
attaining the 2006 24-hour PM2.5 NAAQS. In conjunction with
and based upon our determination that Chico nonattainment area has
attained and is currently attaining the standard, EPA is also
determining that the obligation to submit the following attainment-
related planning requirements is not applicable for so long as the area
continues to attain the PM2.5 standard: The part D, subpart
4 obligations to provide an attainment demonstration pursuant to
section 189(a)(1)(B); the RACM provisions of section 189(a)(1)(C); the
RFP provisions of section 189(c); and the related attainment
demonstration, RACM, RFP and contingency measure provisions
requirements of subpart 1, section 172. This determination does not
constitute a redesignation to attainment under CAA section 107(d)(3).
Please see the October 30, 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, the Chico nonattainment area's
PM2.5 monitoring network, and EPA's review and evaluation of
the data.
II. Public Comments
EPA's proposed rule provided a 30-day public comment 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 Chico
nonattainment area in California has attained the 2006 24-hour
PM2.5 NAAQS based on three years of complete, quality-
assured, and certified data in AQS for 2010-2012. Preliminary data for
2013 show that this area continues to attain the NAAQS.
EPA is also taking final action, based on the above determination
of attainment, to suspend the requirements for the Chico 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 24-hour PM2.5 NAAQS for so long as
the area continues to attain the 2006 24-hour 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) for the 1997
8-hour ozone and in individual rulemakings for the 1-hour ozone,
PM10 and lead NAAQS.
Today's final action does not constitute a redesignation of the
Chico 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 Chico 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 Chico
nonattainment area to attainment.
If the Chico nonattainment area continues to monitor attainment of
the 2006 24-hour 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 24-hour 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 24-hour 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
[[Page 55228]]
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 November 12, 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, Nitrogen oxides, Particulate Matter, Sulfur oxides,
Reporting and recordkeeping requirements.
Dated: August 22, 2013.
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 amended by adding paragraph (d) to read as
follows:
Sec. 52.247 Control Strategy and Regulations: Fine Particle Matter.
* * * * *
(d) Determination of Attainment: Effective October 10, 2013, EPA
has determined that, based on 2010 to 2012 ambient air quality data,
the Chico PM2.5 nonattainment area has attained the 2006 24-
hour PM2.5 NAAQS. 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. 2013-21877 Filed 9-9-13; 8:45 am]
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