Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM10, 59261-59263 [2013-23245]
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
II. Background
III. What comments did EPA receive on the
proposed rule?
IV. What actions is EPA taking?
V. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2012–0877; 9901–29–
Region 9]
Approval and Promulgation of
Implementation Plans; Designation of
Areas for Air Quality Planning
Purposes; State of California; PM10;
Redesignation of Sacramento to
Attainment; Approval of PM10
Redesignation Request and
Maintenance Plan for Sacramento
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving the State of
California’s request to redesignate the
Sacramento nonattainment area to
attainment for the 24-hour particulate
matter of ten microns or less (PM10)
National Ambient Air Quality Standard
(NAAQS). EPA is also approving the
PM10 maintenance plan and the
associated motor vehicle emissions
budgets for use in transportation
conformity determinations necessary for
the Sacramento area, and the attainment
year emissions inventory submitted
with the plan.
DATES: This final rule is effective on
October 28, 2013.
ADDRESSES: EPA has established a
docket for this action: Docket ID No.
EPA–R09–OAR–2012–0877. 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), and some may not
be publicly available in either location
(e.g., CBI). 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, Air Planning Office (AIR–2),
U.S. Environmental Protection Agency,
Region IX, (415) 972–3963,
ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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SUMMARY:
Table of Contents
I. Summary of Today’s Final Action
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I. Summary of Today’s Final Action
Under Clean Air Act (CAA or ‘‘the
Act’’) section 107(d)(3)(D), EPA is
approving the State’s request to
redesignate the Sacramento PM10
nonattainment area to attainment for the
24-hour PM10 National Ambient Air
Quality Standard (NAAQS or
‘‘standard’’). 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) That the
area has attained the 24-hour PM10
NAAQS in the 2010–2012 time period
and that the area continues to attain the
PM10 standard since that time; (2) that
relevant portions of the California state
implementation plan (SIP) are fully
approved; (3) that the improvement in
air quality is due to permanent and
enforceable reductions in emissions; (4)
that California has met all requirements
applicable to the Sacramento PM10
nonattainment area with respect to
section 110 and part D of the CAA; and
(5) that the PM10 Implementation/
Maintenance Plan and Redesignation
Request for Sacramento County
(October 28, 2010) (‘‘Sacramento PM10
Maintenance Plan’’ or ‘‘Plan’’) 1 meets
the requirements of section 175A of the
CAA.
In addition, under CAA section
110(k)(3), EPA is approving the
Sacramento PM10 Maintenance Plan as a
revision to the California SIP. EPA finds
that the maintenance demonstration
shows how the area will continue to
attain the 24-hour PM10 NAAQS for at
least 10 years beyond redesignation (i.e.,
through 2023), and that the contingency
provisions describing the actions that
the Sacramento Metropolitan Air
Quality Management District
(SMAQMD) 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. EPA is also approving the motor
vehicle emissions budgets (MVEBs) in
the Sacramento PM10 Maintenance Plan
because we find that the MVEBs meet
the applicable transportation conformity
requirements under 40 CFR 93.118(e).
Finally, EPA is approving the 2008
emissions inventory included in the
Sacramento PM10 Maintenance Plan as
the attainment year emissions inventory
1 See letter, James N. Goldstene, Executive
Officer, to Jared Blumenfeld, Regional
Administrator, EPA Region 9, dated December 7,
2010, with attachments.
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59261
because it meets the requirements of
CAA section 172(c)(3).
EPA is finalizing these actions
because they meet the requirements of
the CAA, its implementing regulations,
and EPA guidance for such plans and
budgets.
II. Background
On July 24, 2013 (78 FR 44494), EPA
issued a notice of rulemaking proposing
to approve California’s request to
redesignate the Sacramento County area
to attainment for the 24-hour PM10
standard, as well as proposing to
approve California’s ten-year ozone
maintenance plan for the area, the
MVEBs, and the 2008 emissions
inventory as the attainment year
emissions inventory as revisions of the
California SIP.2 The proposed
rulemaking set forth the basis for
determining that California’s
redesignation request meets the CAA
requirements for redesignation for the
24-hour PM10 standard. The proposed
rulemaking provided an extensive
background on the 24-hour PM10
standard and its relationship to
historical air quality in Sacramento
County. The proposed rulemaking also
described the complete, quality-assured,
and certified air quality monitoring data
for Sacramento County for 2010–2012
showing that this area attained the 24hour PM10 standard. Preliminary data
available to date for 2013 are consistent
with continued attainment of the 24hour PM10 standard.
III. What comments did EPA receive on
the proposed rule?
EPA’s proposed rule provided a 30day public comment period. During this
period, we did not receive any
comments opposing the proposed rule.
IV. What actions is EPA taking?
Based on our review of the
Sacramento PM10 Maintenance Plan
submitted by the State, air quality
monitoring data, and other relevant
materials, EPA finds that the State has
addressed all the necessary
requirements for redesignation of the
Sacramento nonattainment area to
attainment of the PM10 NAAQS,
2 In today’s final rule, EPA is noting a minor error
that appeared in the July 24, 2013 (78 FR 44494)
notice of proposed rulemaking (NPR) published in
the Federal Register. The NPR included a table
formatting error that resulted in Table 5 (see 78 FR
44506) mistakenly displaying two columns for 2022
PM10 emissions and no column for 2022 NOX
emissions. The second column in Table 5 actually
contains data for 2022 NOX emissions, not data for
2022 PM10 emission. Table 5, footnote ‘‘a’’ reference
to the information in the Sacramento PM10
Maintenance Plan is correct.
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
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pursuant to CAA sections 107(d)(3)(E)
and 175A.
First, under CAA section 107(d)(3)(D),
we are approving CARB’s request,
which accompanied the submittal of the
Sacramento PM10 Maintenance Plan, to
redesignate the Sacramento PM10
nonattainment area to attainment for the
24-hour PM10 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). Our conclusion is based on
our determination that the area has
attained the 24-hour PM10 NAAQS; that
relevant portions of the California SIP
are fully approved; that the
improvement in air quality is due to
permanent and enforceable reductions
in emissions; that California has met all
requirements applicable to the
Sacramento PM10 nonattainment area
with respect to section 110 and part D
of the CAA; and is based on our
approval of the Sacramento PM10
Maintenance Plan as part of this action.
Second, in connection with the
Sacramento PM10 Maintenance Plan and
EPA’s analysis showing maintenance
through 2023, EPA finds that the
maintenance demonstration showing
how the area will continue to attain the
24-hour PM10 NAAQS for 10 years
beyond redesignation (i.e., through
2023) and the contingency provisions
describing the actions that SMAQMD
will take in the event of a future
monitored violation meet all applicable
requirements for maintenance plans and
related contingency provisions in
section 175A of the CAA. EPA is also
approving the MVEBs in the Sacramento
PM10 Maintenance Plan because we find
they meet the applicable transportation
conformity requirements under 40 CFR
93.118(e). Lastly, EPA is approving the
2008 emissions inventory, which serves
as the Sacramento PM10 Maintenance
Plan’s attainment year emissions
inventory, as satisfying the requirements
of section 172(c)(3) of the CAA.
V. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by State law. Redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
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17:00 Sep 25, 2013
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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,
EPA’s role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, these
actions merely approve a State plan and
redesignation request as meeting federal
requirements and do not impose
additional requirements beyond those
by State law. For these reasons, these
actions:
• Are 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);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do 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 rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it 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
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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 25, 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
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: September 12, 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—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(431) to read as
follows:
■
§ 52.220
*
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Identification of plan.
*
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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations
(c) * * *
(431) A plan was submitted on
December 7, 2010, by the Governor’s
designee.
(i) [Reserved]
(ii) Additional materials
(A) Sacramento Metropolitan Air
Quality Management District
(SMAQMD).
(1) PM10 Implementation/
Maintenance Plan and Redesignation
Request for Sacramento County,
including motor vehicle emissions
budgets (MVEBs) and attainment year
emission inventory.
(2) SMAQMD Resolution Number
2010–046, dated October 28, 2010.
‘‘Sacramento Metropolitan Air Quality
Management District PM10
Implementation/Maintenance Plan and
Redesignation Request for Sacramento
County,’’ including attainment year
emissions inventory and MVEBs for
2012 and 2022.
(B) State of California Air Resources
Board (CARB).
(1) CARB Resolution Number 10–37,
dated November 18, 2010. ‘‘Adoption
and Submittal of the PM10
Implementation/Maintenance Plan and
Redesignation Request for Sacramento
County,’’ including attainment year
emissions inventory and MVEBs for
2012 and 2022.
*
*
*
*
*
PART 81—[Amended]
3. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart C—[Amended]
4. Section 81.305 is amended in the
table for ‘‘California—PM–10’’ by
revising the entry under ‘‘Sacramento
County’’ to read as follows:
■
§ 81.305
*
*
California.
*
*
*
CALIFORNIA—PM–10
Designation
Classification
Designated area
Date
*
*
*
Sacramento County ..................................................
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Outer Continental Shelf Air
Regulations Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Final rule.
EPA is finalizing the update
of the Outer Continental Shelf (‘‘OCS’’)
Air Regulations proposed in the Federal
Register on March 22, 2011.
Requirements applying to OCS sources
located within 25 miles of States’
seaward boundaries must be updated
periodically to remain consistent with
the requirements of the corresponding
onshore area (‘‘COA’’), as mandated by
section 328(a)(1) of the Clean Air Act, as
amended in 1990 (‘‘the Act’’). The
portion of the OCS air regulations that
is being updated pertains to the
requirements for OCS sources for which
the Santa Barbara County Air Pollution
Control District (‘‘Santa Barbara County
APCD’’ or ‘‘District’’) is the designated
COA. The intended effect of approving
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EPA has established docket
number OAR–2004–0091 for this action.
The index to the docket is 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 in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available in either
location (e.g., CBI). 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.
ADDRESSES:
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Christine Vineyard, Air Division (Air-4),
U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
947–4125, vineyard.christine@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA.
PO 00000
Frm 00101
Fmt 4700
Date
*
This rule is effective on October
28, 2013. The incorporation by reference
of certain publications listed in this rule
is approved by the Director of the
Federal Register as of October 28, 2013.
[OAR–2004–0091; FRL–9831–2]
SUMMARY:
*
DATES:
40 CFR Part 55
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*
*
*
Attainment. ...............................................................
the OCS requirements for the Santa
Barbara County APCD is to regulate
emissions from OCS sources in
accordance with the requirements
onshore.
*
17:00 Sep 25, 2013
10/28/2013
*
[FR Doc. 2013–23245 Filed 9–25–13; 8:45 am]
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Type
Sfmt 4700
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Type
*
.........
*
Organization of this document: The
following outline is provided to aid in
locating information in this preamble.
I. Background
II. Public Comment
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Background
On March 22, 2011 (76 FR 15898),
EPA proposed to incorporate various
Santa Barbara County APCD air
pollution control requirements into the
OCS Air Regulations at 40 CFR part 55.
We are incorporating these requirements
in response to the submittal of these
rules by the District. EPA has evaluated
the proposed requirements to ensure
that they are rationally related to the
attainment or maintenance of Federal or
state ambient air quality standards or
Part C of title I of the Act, that they are
not designed expressly to prevent
exploration and development of the
OCS and that they are applicable to OCS
sources. 40 CFR 55.1. EPA has also
evaluated the rules to ensure that they
are not arbitrary or capricious. 40 CFR
55.12(e).
Section 328(a) of the Act requires that
EPA establish requirements to control
air pollution from OCS sources located
within 25 miles of states’ seaward
boundaries that are the same as onshore
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into part 55 as they exist onshore. This
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]]>Agencies
[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Rules and Regulations]
[Pages 59261-59263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23245]
[[Page 59261]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2012-0877; 9901-29-Region 9]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; State of California;
PM10; Redesignation of Sacramento to Attainment; Approval of
PM10 Redesignation Request and Maintenance Plan for
Sacramento
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the State of California's request to
redesignate the Sacramento nonattainment area to attainment for the 24-
hour particulate matter of ten microns or less (PM10)
National Ambient Air Quality Standard (NAAQS). EPA is also approving
the PM10 maintenance plan and the associated motor vehicle
emissions budgets for use in transportation conformity determinations
necessary for the Sacramento area, and the attainment year emissions
inventory submitted with the plan.
DATES: This final rule is effective on October 28, 2013.
ADDRESSES: EPA has established a docket for this action: Docket ID No.
EPA-R09-OAR-2012-0877. 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), and some may not be
publicly available in either location (e.g., CBI). 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, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3963, ungvarsky.john@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
Table of Contents
I. Summary of Today's Final Action
II. Background
III. What comments did EPA receive on the proposed rule?
IV. What actions is EPA taking?
V. Statutory and Executive Order Reviews
I. Summary of Today's Final Action
Under Clean Air Act (CAA or ``the Act'') section 107(d)(3)(D), EPA
is approving the State's request to redesignate the Sacramento
PM10 nonattainment area to attainment for the 24-hour
PM10 National Ambient Air Quality Standard (NAAQS or
``standard''). 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) That the area has attained the 24-hour
PM10 NAAQS in the 2010-2012 time period and that the area
continues to attain the PM10 standard since that time; (2)
that relevant portions of the California state implementation plan
(SIP) are fully approved; (3) that the improvement in air quality is
due to permanent and enforceable reductions in emissions; (4) that
California has met all requirements applicable to the Sacramento
PM10 nonattainment area with respect to section 110 and part
D of the CAA; and (5) that the PM10 Implementation/
Maintenance Plan and Redesignation Request for Sacramento County
(October 28, 2010) (``Sacramento PM10 Maintenance Plan'' or
``Plan'') \1\ meets the requirements of section 175A of the CAA.
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\1\ See letter, James N. Goldstene, Executive Officer, to Jared
Blumenfeld, Regional Administrator, EPA Region 9, dated December 7,
2010, with attachments.
---------------------------------------------------------------------------
In addition, under CAA section 110(k)(3), EPA is approving the
Sacramento PM10 Maintenance Plan as a revision to the
California SIP. EPA finds that the maintenance demonstration shows how
the area will continue to attain the 24-hour PM10 NAAQS for
at least 10 years beyond redesignation (i.e., through 2023), and that
the contingency provisions describing the actions that the Sacramento
Metropolitan Air Quality Management District (SMAQMD) 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. EPA is also approving the motor vehicle emissions budgets (MVEBs)
in the Sacramento PM10 Maintenance Plan because we find that
the MVEBs meet the applicable transportation conformity requirements
under 40 CFR 93.118(e). Finally, EPA is approving the 2008 emissions
inventory included in the Sacramento PM10 Maintenance Plan
as the attainment year emissions inventory because it meets the
requirements of CAA section 172(c)(3).
EPA is finalizing these actions because they meet the requirements
of the CAA, its implementing regulations, and EPA guidance for such
plans and budgets.
II. Background
On July 24, 2013 (78 FR 44494), EPA issued a notice of rulemaking
proposing to approve California's request to redesignate the Sacramento
County area to attainment for the 24-hour PM10 standard, as
well as proposing to approve California's ten-year ozone maintenance
plan for the area, the MVEBs, and the 2008 emissions inventory as the
attainment year emissions inventory as revisions of the California
SIP.\2\ The proposed rulemaking set forth the basis for determining
that California's redesignation request meets the CAA requirements for
redesignation for the 24-hour PM10 standard. The proposed
rulemaking provided an extensive background on the 24-hour
PM10 standard and its relationship to historical air quality
in Sacramento County. The proposed rulemaking also described the
complete, quality-assured, and certified air quality monitoring data
for Sacramento County for 2010-2012 showing that this area attained the
24-hour PM10 standard. Preliminary data available to date
for 2013 are consistent with continued attainment of the 24-hour
PM10 standard.
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\2\ In today's final rule, EPA is noting a minor error that
appeared in the July 24, 2013 (78 FR 44494) notice of proposed
rulemaking (NPR) published in the Federal Register. The NPR included
a table formatting error that resulted in Table 5 (see 78 FR 44506)
mistakenly displaying two columns for 2022 PM10 emissions
and no column for 2022 NOX emissions. The second column
in Table 5 actually contains data for 2022 NOX emissions,
not data for 2022 PM10 emission. Table 5, footnote ``a''
reference to the information in the Sacramento PM10
Maintenance Plan is correct.
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III. What comments did EPA receive on the proposed rule?
EPA's proposed rule provided a 30-day public comment period. During
this period, we did not receive any comments opposing the proposed
rule.
IV. What actions is EPA taking?
Based on our review of the Sacramento PM10 Maintenance
Plan submitted by the State, air quality monitoring data, and other
relevant materials, EPA finds that the State has addressed all the
necessary requirements for redesignation of the Sacramento
nonattainment area to attainment of the PM10 NAAQS,
[[Page 59262]]
pursuant to CAA sections 107(d)(3)(E) and 175A.
First, under CAA section 107(d)(3)(D), we are approving CARB's
request, which accompanied the submittal of the Sacramento
PM10 Maintenance Plan, to redesignate the Sacramento
PM10 nonattainment area to attainment for the 24-hour
PM10 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). Our conclusion is based on our determination that the
area has attained the 24-hour PM10 NAAQS; that relevant
portions of the California SIP are fully approved; that the improvement
in air quality is due to permanent and enforceable reductions in
emissions; that California has met all requirements applicable to the
Sacramento PM10 nonattainment area with respect to section
110 and part D of the CAA; and is based on our approval of the
Sacramento PM10 Maintenance Plan as part of this action.
Second, in connection with the Sacramento PM10
Maintenance Plan and EPA's analysis showing maintenance through 2023,
EPA finds that the maintenance demonstration showing how the area will
continue to attain the 24-hour PM10 NAAQS for 10 years
beyond redesignation (i.e., through 2023) and the contingency
provisions describing the actions that SMAQMD will take in the event of
a future monitored violation meet all applicable requirements for
maintenance plans and related contingency provisions in section 175A of
the CAA. EPA is also approving the MVEBs in the Sacramento
PM10 Maintenance Plan because we find they meet the
applicable transportation conformity requirements under 40 CFR
93.118(e). Lastly, EPA is approving the 2008 emissions inventory, which
serves as the Sacramento PM10 Maintenance Plan's attainment
year emissions inventory, as satisfying the requirements of section
172(c)(3) of the CAA.
V. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. Redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, these actions merely approve a State plan
and redesignation request as meeting federal requirements and do not
impose additional requirements beyond those by State law. For these
reasons, these actions:
Are 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);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it 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 25, 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: September 12, 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--[AMENDED]
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)(431) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
[[Page 59263]]
(c) * * *
(431) A plan was submitted on December 7, 2010, by the Governor's
designee.
(i) [Reserved]
(ii) Additional materials
(A) Sacramento Metropolitan Air Quality Management District
(SMAQMD).
(1) PM10 Implementation/Maintenance Plan and
Redesignation Request for Sacramento County, including motor vehicle
emissions budgets (MVEBs) and attainment year emission inventory.
(2) SMAQMD Resolution Number 2010-046, dated October 28, 2010.
``Sacramento Metropolitan Air Quality Management District
PM10 Implementation/Maintenance Plan and Redesignation
Request for Sacramento County,'' including attainment year emissions
inventory and MVEBs for 2012 and 2022.
(B) State of California Air Resources Board (CARB).
(1) CARB Resolution Number 10-37, dated November 18, 2010.
``Adoption and Submittal of the PM10 Implementation/
Maintenance Plan and Redesignation Request for Sacramento County,''
including attainment year emissions inventory and MVEBs for 2012 and
2022.
* * * * *
PART 81--[Amended]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--[Amended]
0
4. Section 81.305 is amended in the table for ``California--PM-10'' by
revising the entry under ``Sacramento County'' to read as follows:
Sec. 81.305 California.
* * * * *
California--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ----------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sacramento County.................. 10/28/2013 Attainment............ ................ ................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2013-23245 Filed 9-25-13; 8:45 am]
BILLING CODE 6560-50-P
