Determinations of Attainment by the Attainment Date, Determinations of Failure To Attain by the Attainment Date and Reclassification for Certain Nonattainment Areas for the 2006 24-Hour Fine Particulate Matter National Ambient Air Quality Standards, 21711-21717 [2017-09391]
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EPA-APPROVED INDIANA SOURCE-SPECIFIC PROVISIONS—Continued
CO date
Title
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SIP rule
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DATES:
2017.
BILLING CODE 6560–50–P
ADDRESSES:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–HQ–OAR–2016–0515; FRL–9962–25–
OAR]
RIN 2060–AT24
Determinations of Attainment by the
Attainment Date, Determinations of
Failure To Attain by the Attainment
Date and Reclassification for Certain
Nonattainment Areas for the 2006 24Hour Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is making final
determinations of attainment by the
attainment date and determinations of
failure to attain by the attainment date
for ten nonattainment areas currently
classified as ‘‘Moderate’’ for the 2006
24-hour fine particulate matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS). Specifically, the EPA is
determining that seven areas attained
the 2006 24-hour PM2.5 NAAQS by
December 31, 2015, based on complete,
quality-assured and certified PM2.5
monitoring data for 2013 to 2015. The
EPA is also determining that three areas
failed to attain the 2006 24-hour PM2.5
NAAQS by December 31, 2015. Upon
the effective date of such determinations
of failure to attain the NAAQS, these
three areas will be reclassified as
‘‘Serious’’ for the 2006 24-hour PM2.5
NAAQS by operation of law. States with
jurisdiction over these nonattainment
areas reclassified to Serious are required
to submit State Implementation Plan
(SIP) revisions that comply with the
statutory and regulatory requirements
for 2006 24-hour PM2.5 NAAQS
nonattainment areas classified as
Serious. In this action, the EPA is not
making any final determination
regarding its proposed determination for
the Logan, Utah-Idaho, nonattainment
area.
SUMMARY:
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The EPA has established a
docket, identified by Docket ID No.
EPA–HQ–OAR–2016–0515, that can be
found online at https://
www.regulations.gov. Although listed in
the index, some information may not be
publicly available, e.g., Confidential
Business Information or other
information disclosure of which 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 electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Leigh Herrington, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail code C539–01,
Research Triangle Park, NC 27711,
telephone (919) 541–0882; fax number:
(919) 541–5315; email address:
herrington.leigh@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities affected by this action include
six states with one or more areas
designated nonattainment and classified
as ‘‘Moderate’’ for the 2006 24-hour
PM2.5 NAAQS. Entities potentially
affected indirectly by this action include
owners or operators of sources of
emissions of direct PM2.5 or PM2.5
precursors (ammonia, nitrogen oxides,
sulfur dioxide and volatile organic
compounds) that contribute to PM2.5
levels within the designated
nonattainment areas the EPA is
addressing in this action.
B. Where can I get a copy of this
document and other related
information?
In addition to being available in the
docket, an electronic copy of this notice
will be posted at https://www.epa.gov/
pm-pollution/particulate-matter-pmimplementation-regulatory-actions.
C. How is this document organized?
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document
and other related information?
C. How is this document organized?
II. Proposed Actions
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Explanation
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This rule is effective June 9,
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EPA approval
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III. Final Actions
A. Determinations of Attainment by the
Attainment Date
B. Determinations of Failure To Attain by
the Attainment Date and Reclassification
to Serious
C. Public Comments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
L. Judicial Review
II. Proposed Actions
On December 16, 2016 (81 FR 91088),
the EPA proposed to find that seven
nonattainment areas classified as
Moderate attained the 2006 24-hour
PM2.5 NAAQS by the applicable
attainment date of December 31, 2015,
based on complete, quality-assured and
certified PM2.5 monitoring data for the
3-year period of 2013 to 2015.1 The
seven designated nonattainment areas
are: (1) Chico, California; (2) Imperial
County, California; (3) KnoxvilleSevierville-La Follette, Tennessee; (4)
Liberty-Clairton, Pennsylvania; (5)
Nogales, Arizona; (6) Sacramento,
California; and, (7) San Francisco Bay
Area, California.2
1 An area’s design value for the 24-hour PM
2.5
NAAQS is the highest of the 3-year average of
annual 98th percentile 24-hour average PM2.5 mass
concentration values recorded at any eligible
monitoring site (40 CFR part 50, Appendix N,
1.0(c)(2)).
2 Note that there are three 2006 PM
2.5 NAAQS
Moderate nonattainment areas not addressed in that
proposal or this final action: (1) Klamath Falls, OR;
(2) Oakridge, OR; and (3) West Central Pinal, AZ.
For the Klamath Falls, OR, nonattainment area, the
EPA issued a determination of attainment by the
attainment date of December 31, 2014, on June 6,
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The EPA also proposed to find that
four nonattainment areas classified as
Moderate failed to attain the 2006 24hour PM2.5 NAAQS by December 31,
2015: (1) Fairbanks, Alaska; (2) Logan,
Utah-Idaho; (3) Provo, Utah; and (4) Salt
Lake City, Utah. The proposal stated
that, as required by Clean Air Act (CAA)
section 188(b)(2), upon finalization of
the EPA’s determinations that these four
areas failed to attain, the areas would be
reclassified to Serious by operation of
law and would be subject to all
applicable Serious area attainment
planning and nonattainment New
Source Review (NNSR) requirements. In
the December 2016 proposal, the EPA
also discussed its determination that the
Logan, Utah-Idaho, multistate
nonattainment area did not qualify for a
1-year attainment date extension,
despite the state of Idaho’s request for
such an extension, due to a lack of valid
air quality data for calendar year 2015.
The proposal also explained that
under CAA section 188(b)(2) and the
EPA’s final rule, titled, ‘‘Fine Particulate
Matter National Ambient Air Quality
Standards: State Implementation Plan
Requirements’’ (81 FR 58010, August
24, 2016) (hereinafter ‘‘PM2.5 SIP
Requirements Rule’’), a state is required
to make a SIP submission to address the
statutory and regulatory requirements
for any area that has been reclassified to
Serious under CAA section 188(b)(2)
within 18 months from the effective
date of reclassification, or 2 years before
the attainment date, whichever is
earlier. See 40 CFR 51.1003(b)(2)(ii).
Thus, Serious area attainment plan
submissions for the areas reclassified in
this action will be due by December 31,
2017, and consistent with CAA section
188(c)(2), the affected states will be
required to demonstrate that the area
will attain the standard as expeditiously
as practicable, but no later than
December 31, 2019 (the end of the tenth
calendar year following the effective
date of designation of the area). The
EPA notes that states with areas
reclassified to Serious may also elect to
seek an extension of the applicable
attainment date pursuant to CAA
section 188(e), if they meet the
applicable criteria.
III. Final Actions
Rather, redesignations require states to
meet a number of additional statutory
criteria in CAA section 107(d)(3),
including EPA approval of a state plan
demonstrating maintenance of the air
quality standard for 10 years after
redesignation.
A. Determinations of Attainment by the
Attainment Date
B. Determinations of Failure To Attain
by the Attainment Date and
Reclassification to Serious
For this rulemaking, the EPA
evaluated data from air quality monitors
in 10 nonattainment areas classified as
Moderate for the 2006 24-hour PM2.5
NAAQS in order to determine the
attainment status of each area as of the
December 31, 2015, attainment date.
Each of the seven nonattainment areas
for which the EPA proposed
determinations of attainment by the
attainment date, listed in Table 1, had
valid monitoring data and a design
value equal to or less than 35
micrograms per cubic meter (mg/m3)
based on the 2013 to 2015 monitoring
period. The EPA received no adverse
comments on these proposed
determinations of attainment. Therefore,
pursuant to CAA section 188(b)(2) of the
CAA, the agency is making final
determinations that these seven
nonattainment areas attained the 2006
24-hour PM2.5 NAAQS by the applicable
attainment date of December 31, 2015.
The EPA’s determinations are based
upon 3 years of complete, qualityassured and certified data for calendar
years 2013 to 2015. The monitoring data
for the 3 years (2013 to 2015) used to
calculate each monitor’s design value
are provided in a technical support
document (TSD) in the docket for this
action.3
Once effective, this action satisfies the
EPA’s obligation pursuant to CAA
section 188(b)(2) to determine whether
these seven areas attained the standard
by the applicable attainment date. These
determinations of attainment do not
constitute a redesignation to attainment.
In its December 2016 proposal, the
EPA proposed to determine that four
nonattainment areas (Fairbanks, Alaska;
Logan, Utah-Idaho; Provo, Utah; and
Salt Lake City, Utah) failed to attain the
2006 24-hour PM2.5 NAAQS by the
applicable attainment date of December
31, 2015, because the 2013 to 2015
design value for at least one monitor in
each area exceeded the 2006 24-hour
PM2.5 NAAQS of 35 mg/m3. The TSD
provided in the docket shows the
quality-assured monitoring data for the
relevant years for each of these
nonattainment areas, as well as the
3-year design value calculations for each
area.
Pursuant to CAA section 188(b)(2),
the EPA is finalizing the proposed
determinations that three areas
(Fairbanks, Alaska; Provo, Utah; and
Salt Lake City, Utah) failed to attain the
2006 24-hour PM2.5 NAAQS by the
applicable December 31, 2015,
attainment date.4 Therefore, upon the
effective date of this rule, these three
Moderate nonattainment areas will be
reclassified by operation of law to
Serious for the 2006 PM2.5 standards. A
Serious PM2.5 nonattainment area is
required to attain the standard as
expeditiously as practicable, but no later
than by the end of the tenth year after
designation (December 31, 2019).
Table 1 provides a summary of the
determinations of attainment and
determinations of failure to attain
(reclassifications) being finalized in this
action.
TABLE 1—SUMMARY OF DETERMINATIONS OF ATTAINMENT BY THE ATTAINMENT DATE/RECLASSIFICATIONS FOR CERTAIN
MODERATE NONATTAINMENT AREAS FOR THE 2006 24-HOUR PM2.5 NAAQS
2013–2015
Design value
(μg/m3)
2006 24-hour PM2.5 NAAQS nonattainment area
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Chico, CA ...............................................................................................
2016 (81 FR 36176). For the Oakridge, OR,
nonattainment area, the EPA issued a 1-year
attainment date extension from December 31, 2015,
to December 31, 2016, on July 18, 2016 (81 FR
46612). For the West Central Pinal, AZ,
nonattainment area, the EPA designated the area as
nonattainment on February 3, 2011 (76 FR 6056),
and therefore will make a determination about
whether or not the area has attained the 2006 PM2.5
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Final action
Determination of attainment.
NAAQS after the attainment date of December 31,
2017.
3 See, ‘‘Technical Support Document Regarding
PM2.5 Monitoring Data—Determinations of
Attainment by the Attainment Date, Determinations
of Failure to Attain by the Attainment Date and
Reclassification for Certain Nonattainment Areas for
the 2006 24-Hour Fine Particulate Matter National
Ambient Air Quality Standards,’’ dated April 19,
2017, within this action’s docket.
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4 Since the issuance of the December 2016
proposed action, the state of Utah has provided
additional information for the monitoring sites in
the Logan, Utah-Idaho, area. The EPA needs
additional time to consider this information, and,
therefore, is not taking final action for the Logan,
Utah-Idaho, area in this notice. The EPA intends to
act separately on the Logan, Utah-Idaho, area.
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TABLE 1—SUMMARY OF DETERMINATIONS OF ATTAINMENT BY THE ATTAINMENT DATE/RECLASSIFICATIONS FOR CERTAIN
MODERATE NONATTAINMENT AREAS FOR THE 2006 24-HOUR PM2.5 NAAQS—Continued
2013–2015
Design value
(μg/m3)
2006 24-hour PM2.5 NAAQS nonattainment area
Fairbanks, AK ........................................................................................
Imperial County, CA ..............................................................................
Knoxville-Sevierville-La Follette, TN ......................................................
Liberty-Clairton, PA ................................................................................
Nogales, AZ ...........................................................................................
Provo, UT ...............................................................................................
Sacramento, CA ....................................................................................
Salt Lake City, UT .................................................................................
San Francisco Bay Area, CA ................................................................
124
33
20
33
28
* 50
35
* 45
30
Final action
Failed to attain; reclassification to Serious.
Determination of attainment.
Determination of attainment.
Determination of attainment.
Determination of attainment.
Failed to attain; reclassification to Serious.
Determination of attainment.
Failed to attain; reclassification to Serious.
Determination of attainment.
* See April 19, 2017, memorandum titled, Salt Lake and Provo, Utah PM2.5 2013–2015 24-hour Design Value, from Gail Fallon, U.S. EPA, Region 8, to the File.
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C. Public Comments
The public comment period for the
EPA’s December 16, 2016, proposal
closed on January 17, 2017. To review
the comments received on the proposed
rule and the Response to Comment
document that accompanies this final
rule, please go to https://
www.regulations.gov and search for
Docket ID No. EPA–HQ–OAR–2016–
0515. A majority of commenters
supported the EPA’s proposal to
determine that certain nonattainment
areas did not attain the 2006 24-hour
PM2.5 NAAQS by the applicable
attainment date and thus the
reclassification of the areas to Serious.
The EPA received comments expressing
concerns about proposed
determinations for the Logan, UtahIdaho, and Fairbanks, Alaska,
nonattainment areas, which are
addressed here.
Comment: Idaho Department of
Environmental Quality (DEQ) opposed
the EPA’s determination not to grant the
1-year extension and subsequent
determination that the Logan, UtahIdaho, nonattainment area failed to
attain by the December 31, 2015,
attainment date. Idaho DEQ asserted
that the area met the requirements
under CAA section 188(d) and the PM2.5
SIP Requirements Rule relevant to
extensions of the Moderate area
attainment date (i.e., that the area has
complied with all requirements and
commitments pertaining to the area in
the applicable implementation plans
and monitoring data show that the 2015
98th percentile are below the PM2.5
NAAQS for the Franklin County
monitor on the Idaho side of the
nonattainment area). Idaho DEQ
acknowledged that data were
incomplete and requested that the EPA
determine the area’s 2015 98th
percentile data using the same data that
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the EPA used to determine the area’s
2013 to 2015 design value.
Response: The EPA is considering
these comments and is not taking final
action on the Logan, Utah-Idaho,
nonattainment area at this time.
Comment: Three commenters did not
question the EPA’s proposed
determination that the Fairbanks,
Alaska, area failed to attain the 2006 24hour NAAQS by December 31, 2015, but
asserted that the Serious area attainment
plan for the Fairbanks, Alaska, 2006 24hour PM2.5 NAAQS nonattainment area
should be due 18 months after the
effective date of the Serious area
reclassification rather than December
31, 2017. The commenters stated that,
under CAA section 189(b)(2), states
have 18 months from the effective date
of a reclassification to complete plans
and that the change in the submission
deadline was not proposed during the
EPA’s rulemaking to promulgate the
PM2.5 SIP Requirements Rule.
Commenters pointed to ‘‘two alternative
schedules’’ for SIP submissions in
response to mandatory and
discretionary reclassifications to
Serious, and allege the EPA’s PM2.5 SIP
Requirements Rule is ‘‘in error by
adding the clause that reflects the
discretionary reclassification language
and mandatory language together.’’ The
Alaska Department of Environmental
Conservation also claimed that requiring
the state to submit the Serious area
attainment plan by December 31, 2017,
would result in insufficient time to
prepare and adopt a very complex plan
with adequate public process and public
participation.
Response: The EPA acknowledges
that meeting the Serious area attainment
plan submission deadline may be
challenging for those areas reclassified
from Moderate to Serious in this final
action, and understands the desire for
additional time. Because the submission
due date was established in the final
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PM2.5 SIP Requirements Rule and the
EPA did not propose any changes to this
date in its December 2016 proposal, we
cannot make changes to this date here.
In that prior rulemaking, the EPA
addressed the issue of when states must
submit Serious area attainment plans
when they are reclassified, in order to
comport with statutory requirements for
the attainment date for such
nonattainment areas. Accordingly, EPA
promulgated 40 CFR 51.1003(b)(2)(ii),
which provides that in the event of a
mandatory reclassification from
Moderate to Serious upon a
determination that an area fails to attain,
the state is required to submit the
Serious area attainment plan ‘‘within 18
months from the effective date of
reclassification, or 2 years before the
attainment date, whichever is earlier.’’ 5
The EPA did not reopen the issue of the
attainment plan submission date in this
action regarding determinations of
attainment, and merely noted the
submission date for informational
purposes. Even though the comment on
5 In the PM
2.5 SIP Requirements Rule, the EPA
provided its reasoning for establishing the
submission date contained in 40 CFR
51.1003(b)(2)(ii). See generally 81 FR 58074–58078
(comprehensive discussion of the rationale behind
plan due dates for areas subject to either a
discretionary or a mandatory reclassification to
Serious); Response to Comments, pages 134–138,
available at https://www.regulations.gov under
docket item EPA–HQ–OAR–2013–0691–0145. As
EPA explained, ‘‘a minimum of 2 years is
appropriate because (1) it provides time for
emission reduction measures adopted by the state
to take effect and improve air quality; (2) it will
allow the agency sufficient time to evaluate and act
on the Serious area attainment demonstration; and
(3) for every other NAAQS, the CAA SIP
submission dates are generally 2 years or more prior
to the attainment date.’’ 81 FR 58077. The EPA even
included a discussion of what would arise if the
deadline were similar to that the commenters are
advocating, explaining that ‘‘[if] the plan is not
submitted until just before year 10, and the agency
determines the plan will not lead to attainment,
there will be no time to take corrective action before
the attainment date to ensure attainment of the
NAAQS.’’ Id.
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the SIP submission due date is out of
scope for this rulemaking action, the
EPA understands the significant effort
involved in preparing an attainment
plan revision and stands ready to help
the state prepare this plan.
The EPA understands that in this
particular instance, the submission date
for the Serious area attainment plan may
be challenging in light of the complexity
of the air quality situation in the
Fairbanks, Alaska, nonattainment area
and the need for public process in
adopting plans. The EPA will prioritize
working with Alaska to help the state
prepare the required Serious area
attainment plan as expeditiously and
efficiently as possible. The EPA also
believes that in light of the December
2015 Moderate area plan developed by
the state demonstrating it was
impracticable to attain by the Moderate
area attainment date of December 31,
2015, and the work already done by the
state on the Serious area plan in
anticipation of this determination of
failure to attain, a Serious area plan can
be submitted in a timely manner.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is exempt from review by
the Office of Management and Budget
(OMB) because it will satisfy the CAA
obligation to make determinations of
attainment based on an area’s air quality
as of the attainment date.
B. Paperwork Reduction Act (PRA)
This rule does not impose any
additional information collection
burden under the provisions of the PRA,
44 U.S.C. 3501 et seq. This action to
find that three Moderate PM2.5
nonattainment areas listed in Table 1
have failed to attain the 2006 24-hour
PM2.5 NAAQS by their attainment date
and to reclassify those areas as Serious
PM2.5 nonattainment areas does not
establish any new information
collection burden not already covered
under OMB control number 2060–0611.
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C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. Determinations that certain
areas attained the 2006 24-hour PM2.5
NAAQS do not create any new
requirements. Determinations that
certain nonattainment areas failed to
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attain the 2006 24-hour PM2.5 NAAQS
by their attainment date and the
resulting reclassification of these areas
by operation of law under CAA section
188(b)(2) similarly do not in and of
themselves create any new
requirements. Instead, this rulemaking
only makes factual determinations, and
does not directly regulate any entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The EPA believes, as
discussed previously in this document,
that a determination of nonattainment is
a factual determination based upon air
quality considerations, and the resulting
reclassification of an area and the
associated required revisions to SIPs
must occur by operation of law. Thus,
this action imposes no enforceable duty
on any state, local or tribal governments
or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. Pursuant to the
CAA, this action determines whether
the 2006 24-hour PM2.5 nonattainment
areas listed in Table 1 attained the 2006
24-hour PM2.5 NAAQS by the applicable
attainment date, and reclassifies as
‘‘Serious,’’ by operation of law, the areas
that did not do so.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. No tribal areas are located
in the three areas that failed to attain the
2006 24-hour PM2.5 NAAQS by the
applicable attainment date. The CAA
and the Tribal Authority Rule establish
the relationship of the federal
government and tribes in developing
plans to attain the NAAQS, and this rule
does nothing to modify that
relationship. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
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EPA does not believe any environmental
health or safety risks addressed by this
action present a disproportionate risk to
children. This action determines that
three 2006 24-hour PM2.5 nonattainment
areas, identified in Table 1, did not
attain the 2006 24-hour PM2.5 standard
by their applicable attainment date and
thus these areas will be reclassified by
operation of law as Serious PM2.5
nonattainment areas.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards. This action merely
determines that three 2006 24-hour
PM2.5 nonattainment areas, identified in
Table 1, did not attain the 2006 24-hour
PM2.5 standard by their applicable
attainment date and thus these areas
will be reclassified by operation of law
as Serious PM2.5 nonattainment areas.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, lowincome populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
This action merely determines that three
2006 24-hour PM2.5 nonattainment
areas, identified in Table 1, did not
attain by the applicable attainment date
and thus these nonattainment areas will
be reclassified by operation of law as
Serious PM2.5 nonattainment areas.
Reclassifying the three nonattainment
areas from Moderate to Serious will
help protect all of those residing,
working, attending school, or otherwise
present in those areas regardless of
minority or economic status.
K. Congressional Review Act (CRA)
This rule is exempt from the CRA
because it is a rule of particular
applicability that names specific entities
where this rule makes factual
determinations and does not directly
regulate any entities. The
determinations of attainment and failure
to attain the 2006 24-hour PM2.5 NAAQS
(and resulting reclassifications)
contained in this final rule do not in
and of themselves create any new
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requirements beyond what is already
mandated by the CAA.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
L. Judicial Review
Under CAA section 307(b)(1) of the
CAA, petitions for judicial review of
final actions that are locally and
regionally applicable may be filed only
in the United States Court of Appeals
for the appropriate circuit. However, the
statute also provides that
notwithstanding that general rule, ‘‘a
petition for review of any action . . .
may be filed only in the United States
Court of Appeals for the District of
Columbia if such action is based on a
determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such
determination.’’ 42 U.S.C. 7607(b)(1).
See also Dalton Trucking v. EPA, 808
F.3d 875 (D.C. Circuit 2015). Because
this final action makes findings with
regard to nonattainment areas across the
country and interprets the CAA and
applies such interpretations to states
and nonattainment areas across the
country, the Administrator finds that
this action has nationwide scope and
effect. Therefore, in accordance with
CAA section 307(b)(1), petitions for
review of this final action may be filed
only in the United States Court of
Appeals for the District of Columbia
Circuit by July 10, 2017. Note, under
CAA section 307(b)(2), the requirements
established by this final rule may not be
challenged separately in any civil or
criminal proceedings for enforcement.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Ammonia, Fine
particulate matter, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Reporting and
recordkeeping requirements, Sulfur
dioxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, Ammonia, Fine
particulate matter, Intergovernmental
relations, Nitrogen oxides, Reporting
and recordkeeping requirements, Sulfur
dioxides, Volatile organic compounds.
jstallworth on DSK7TPTVN1PROD with RULES
Authority: 42 U.S.C. 7401 et seq.
Dated: April 28, 2017.
E. Scott Pruitt,
Administrator.
For the reasons stated in the preamble,
title 40, chapter I of the Code of Federal
Regulations is to be amended as follows:
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1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart D—Arizona
2. Section 52.131 is amended by
adding paragraph (c) to read as follows:
■
§ 52.131 Control Strategy and regulations:
Fine Particle Matter.
*
*
*
*
*
(c) Determination of attainment.
Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015
ambient air quality data, the Nogales,
AZ PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS
by the applicable attainment date of
December 31, 2015. Therefore, the EPA
has met the requirement pursuant to
CAA section 188(b)(2) to determine
whether the area attained the standard.
The EPA also has determined that the
Nogales, AZ nonattainment area will not
be reclassified for failure to attain by its
applicable attainment date under
section 188(b)(2).
Subpart F—California
3. Section 52.247 is amended by
adding paragraphs (j), (k), (l), and (m) to
read as follows:
■
§ 52.247 Control Strategy and regulations:
Fine Particle Matter.
*
*
*
*
*
(j) Determination of attainment.
Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015
ambient air quality data, the Chico, CA
PM2.5 nonattainment area has attained
the 2006 24-hour PM2.5 NAAQS by the
applicable attainment date of December
31, 2015. Therefore, the EPA has met
the requirement pursuant to CAA
section 188(b)(2) to determine whether
the area attained the standard. The EPA
also has determined that the Chico, CA
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 188(b)(2).
(k) Determination of attainment.
Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015
ambient air quality data, the Imperial
County, CA PM2.5 nonattainment area
has attained the 2006 24-hour PM2.5
NAAQS by the applicable attainment
date of December 31, 2015. Therefore,
the EPA has met the requirement
pursuant to CAA section 188(b)(2) to
determine whether the area attained the
standard. The EPA also has determined
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21715
that the Imperial County, CA
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 188(b)(2).
(l) Determination of attainment.
Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015
ambient air quality data, the
Sacramento, CA PM2.5 nonattainment
area has attained the 2006 24-hour PM2.5
NAAQS by the applicable attainment
date of December 31, 2015. Therefore,
the EPA has met the requirement
pursuant to CAA section 188(b)(2) to
determine whether the area attained the
standard. The EPA also has determined
that the Sacramento, CA nonattainment
area will not be reclassified for failure
to attain by its applicable attainment
date under section 188(b)(2).
(m) Determination of attainment.
Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015
ambient air quality data, the San
Francisco Bay, CA PM2.5 nonattainment
area has attained the 2006 24-hour PM2.5
NAAQS by the applicable attainment
date of December 31, 2015. Therefore,
the EPA has met the requirement
pursuant to CAA section 188(b)(2) to
determine whether the area attained the
standard. The EPA also has determined
that the San Francisco Bay, CA
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 188(b)(2).
Subpart NN—Pennsylvania
4. Section 52.2059 is amended by
adding paragraph (v) to read as follows:
■
§ 52.2059
matter.
Control strategy: Particulate
*
*
*
*
*
(v) Determination of attainment.
Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015
ambient air quality data, the LibertyClairton, PA PM2.5 nonattainment area
has attained the 2006 24-hour PM2.5
NAAQS by the applicable attainment
date of December 31, 2015. Therefore,
the EPA has met the requirement
pursuant to CAA section 188(b)(2) to
determine whether the area attained the
standard. The EPA also has determined
that the Liberty-Clairton, PA
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 188(b)(2).
Subpart RR—Tennessee
5. Section 52.2231 is amended by
adding paragraph (f) to read as follows:
■
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§ 52.2231 Control strategy: Sulfur oxides
and particulate matter.
*
*
*
*
*
(f) Determination of attainment.
Effective June 9, 2017, the EPA has
determined that, based on 2013 to 2015
ambient air quality data, the KnoxvilleSevierville-La Follette, Tennessee PM2.5
nonattainment area has attained the
2006 24-hour PM2.5 NAAQS by the
applicable attainment date of December
31, 2015. Therefore, the EPA has met
the requirement pursuant to CAA
section 188(b)(2) to determine whether
the area attained the standard. The EPA
also has determined that the KnoxvilleSevierville-La Follette, Tennessee
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 188(b)(2).
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
Authority: 42 U.S.C. 7401, et seq.
Subpart C—Section 107 Attainment
Status Designations
7. Section 81.302 is amended in the
table ‘‘Alaska—2006 24-Hour PM2.5
NAAQS (Primary and secondary)’’ by
revising the entries for ‘‘Fairbanks, AK’’
to read as follows:
■
§ 81.302
6. The authority citation for part 81
continues to read as follows:
*
■
*
Alaska.
*
*
*
ALASKA—2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
Fairbanks, AK:
AQCR 09 Northern Alaska Intrastate:
Fairbanks North Star Borough (part) ..................................................
The following townships and ranges: —MTRS F001N001—All
Sections; —MTRS F001N001E—Sections 2–11, 14–23, 26–
34; —MTRS F001N002—Sections 1–5, 8–17, 20–29, 32–36;
—MTRS F001S001E—Sections 1, 3–30, 32–36; —MTRS
F001S001W—Sections 1–30; —MTRS F001S002E—Sections 6–8, 17–20, 29–36; —MTRS F001S002W—Sections 1–
5, 8–17, 20–29, 32–33; —MTRS F001S003E—Sections 31–
32; —MTRS F002N001E—Sections 31–35; —MTRS
F002N001—Sections 28, 31–36; —MTRS F002N002—Sections 32–33, 36; —MTRS F002S001E—Sections 1–2;
—MTRS F002S002E—Sections 1–17, 21–24; —MTRS
F002S003E—Sections 5–8, 18.
*
*
*
Type
........................
Nonattainment ...........
*
Date 2
*
6/9/17
*
Type
Serious.
*
a Includes
1 This
2 This
Indian Country located in each county or area, except as otherwise specified.
date is 30 days after November 13, 2009, unless otherwise noted.
date is July 2, 2014, unless otherwise noted.
*
*
*
*
*
8. Section 81.345 is amended in the
table ‘‘Utah—2006 24-Hour PM2.5
NAAQS (Primary and secondary)’’ by
revising the entries for ‘‘Provo, UT’’ and
‘‘Salt Lake City, UT’’ to read as follows:
■
§ 81.345
*
*
Utah.
*
*
*
UTAH—2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]
Designation a
Classification
Designated area
jstallworth on DSK7TPTVN1PROD with RULES
Date 1
*
*
*
*
Provo, UT:
Utah County (part) .............................................................................. ........................
The area of Utah County that lies west of the Wasatch Mountain Range (and this includes the Cities of Provo and Orem)
with an eastern boundary for Utah County to be defined as
the following Townships: Township 3 South Range 1 East;
Township 4 South Range 2 East; Township 5 South Range 3
East; Township 6 South Range 3 East; Township 7 South
Range 3 East; Township 8 South Range 3 East; Township 9
South Range 3 East; Township 10 South Range 2 East.
Salt Lake City, UT:
Box Elder County (part) ...................................................................... ........................
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Date 2
Type
*
*
Type
*
Nonattainment ...........
6/9/17
Serious.
Nonattainment ...........
6/9/17
Serious.
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Federal Register / Vol. 82, No. 89 / Wednesday, May 10, 2017 / Rules and Regulations
UTAH—2006 24-HOUR PM2.5 NAAQS—Continued
[Primary and secondary]
Designation a
Classification
Designated area
Date 1
The following Townships or portions thereof as noted (including
Brigham City): Township 7 North Range 2 West; Township 8
North Range 2 West; Township 9 North Range 2 West;
Township 10 North Range 2 West; Township 11 North
Range 2 West; Township 12 North Range 2 West; Township
13 North Range 2 West; Township 9 North Range 3 West;
Township 10 North Range 3 West; Township 11 North
Range 3 West; Township 12 North Range 3 West; Township
13 North Range 3 West; Township 13 North Range 4 West;
Township 12 North Range 4 West; Township 11 North
Range 4 West; Township 10 North Range 4 West; Township
9 North Range 4 West; Township 13 North Range 5 West;
Township 12 North Range 5 West; Township 11 North
Range 5 West; Township 10 North Range 5 West; Township
9 North Range 5 West; Township 13 North Range 6 West;
Township 12 North Range 6 West; Township 11 North
Range 6 West; Township 10 North Range 6 West; Township
9 North Range 6 West; Township 7 North Range 1 West
(portion located in Box Elder County); Township 8 North
Range 1 West (portion located in Box Elder County); Township 9 North Range 1 West (portion located in Box Elder
County).
Davis County .......................................................................................
Salt Lake County .................................................................................
Tooele County (part) ...........................................................................
The following Townships or portions thereof as noted (including
Tooele City): Township 1 South Range 3 West; Township 2
South Range 3 West; Township 3 South Range 3 West;
Township 3 South Range 4 West; Township 2 South Range
4 West; Township 2 South Range 5 West; Township 3 South
Range 5 West; Township 3 South Range 6 West; Township
2 South Range 6 West; Township 1 South Range 6 West;
Township 1 South Range 5 West; Township 1 South Range
4 West; Township 1 South Range 7 West; Township 2 South
Range 7 West; Township 3 South Range 7 West; all Sections within Township 4 South Range 7 West except for Sections 29, 30, 31 and 32; Township 4 South Range 6 West;
Township 4 South Range 5 West; Township 4 South Range
4 West; Township 4 South Range 3 West.
Weber County (part) ...........................................................................
The area of Weber County that lies west of the Wasatch Mountain Range with an eastern boundary for Weber County to be
defined as the following Townships (or portion thereof) extending to the western boundary of Weber County: Township
5 North Range 1 West; Township 6 North Range 1 West; all
Sections within Township 7 North Range 1 West located
within Weber County except for Sections 1, 2, 3, 4, 11, 12,
13 and 24; Township 7 North Range 2 West (portion located
in Weber County).
*
*
*
Type
........................
........................
........................
Nonattainment ...........
Nonattainment ...........
Nonattainment ...........
6/9/17
6/9/17
6/9/17
Serious.
Serious.
Serious.
........................
Nonattainment ...........
6/9/17
Serious.
*
Date 2
*
*
Type
*
a Includes
1 This
2 This
*
*
Indian Country located in each county or area, except as otherwise specified.
date is 30 days after November 13, 2009, unless otherwise noted.
date is July 2, 2014, unless otherwise noted.
*
*
*
[FR Doc. 2017–09391 Filed 5–9–17; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
jstallworth on DSK7TPTVN1PROD with RULES
BILLING CODE 6560–50–P
40 CFR Part 180
Tolerances and Exemptions for
Pesticide Chemical Residues in Food
of July 1, 2016, on page 612, in
§ 180.495, in the table in paragraph (a),
the second entry for ‘‘Grape, raisin’’ is
removed.
[FR Doc. 2017–09487 Filed 5–9–17; 8:45 am]
BILLING CODE 1301–00–D
CFR Correction
In Title 40 of the Code of Federal
Regulations, parts 150 to 189, revised as
■
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Agencies
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21711-21717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09391]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-HQ-OAR-2016-0515; FRL-9962-25-OAR]
RIN 2060-AT24
Determinations of Attainment by the Attainment Date,
Determinations of Failure To Attain by the Attainment Date and
Reclassification for Certain Nonattainment Areas for the 2006 24-Hour
Fine Particulate Matter National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is making final
determinations of attainment by the attainment date and determinations
of failure to attain by the attainment date for ten nonattainment areas
currently classified as ``Moderate'' for the 2006 24-hour fine
particulate matter (PM2.5) National Ambient Air Quality
Standards (NAAQS). Specifically, the EPA is determining that seven
areas attained the 2006 24-hour PM2.5 NAAQS by December 31,
2015, based on complete, quality-assured and certified PM2.5
monitoring data for 2013 to 2015. The EPA is also determining that
three areas failed to attain the 2006 24-hour PM2.5 NAAQS by
December 31, 2015. Upon the effective date of such determinations of
failure to attain the NAAQS, these three areas will be reclassified as
``Serious'' for the 2006 24-hour PM2.5 NAAQS by operation of
law. States with jurisdiction over these nonattainment areas
reclassified to Serious are required to submit State Implementation
Plan (SIP) revisions that comply with the statutory and regulatory
requirements for 2006 24-hour PM2.5 NAAQS nonattainment
areas classified as Serious. In this action, the EPA is not making any
final determination regarding its proposed determination for the Logan,
Utah-Idaho, nonattainment area.
DATES: This rule is effective June 9, 2017.
ADDRESSES: The EPA has established a docket, identified by Docket ID
No. EPA-HQ-OAR-2016-0515, that can be found online at https://www.regulations.gov. Although listed in the index, some information may
not be publicly available, e.g., Confidential Business Information or
other information disclosure of which 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 electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Leigh Herrington, Office of Air
Quality Planning and Standards, Air Quality Policy Division, Mail code
C539-01, Research Triangle Park, NC 27711, telephone (919) 541-0882;
fax number: (919) 541-5315; email address: herrington.leigh@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities affected by this action include six states with one or
more areas designated nonattainment and classified as ``Moderate'' for
the 2006 24-hour PM2.5 NAAQS. Entities potentially affected
indirectly by this action include owners or operators of sources of
emissions of direct PM2.5 or PM2.5 precursors
(ammonia, nitrogen oxides, sulfur dioxide and volatile organic
compounds) that contribute to PM2.5 levels within the
designated nonattainment areas the EPA is addressing in this action.
B. Where can I get a copy of this document and other related
information?
In addition to being available in the docket, an electronic copy of
this notice will be posted at https://www.epa.gov/pm-pollution/particulate-matter-pm-implementation-regulatory-actions.
C. How is this document organized?
I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. How is this document organized?
II. Proposed Actions
III. Final Actions
A. Determinations of Attainment by the Attainment Date
B. Determinations of Failure To Attain by the Attainment Date
and Reclassification to Serious
C. Public Comments
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act (CRA)
L. Judicial Review
II. Proposed Actions
On December 16, 2016 (81 FR 91088), the EPA proposed to find that
seven nonattainment areas classified as Moderate attained the 2006 24-
hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015, based on complete, quality-assured and certified
PM2.5 monitoring data for the 3-year period of 2013 to
2015.\1\ The seven designated nonattainment areas are: (1) Chico,
California; (2) Imperial County, California; (3) Knoxville-Sevierville-
La Follette, Tennessee; (4) Liberty-Clairton, Pennsylvania; (5)
Nogales, Arizona; (6) Sacramento, California; and, (7) San Francisco
Bay Area, California.\2\
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\1\ An area's design value for the 24-hour PM2.5
NAAQS is the highest of the 3-year average of annual 98th percentile
24-hour average PM2.5 mass concentration values recorded
at any eligible monitoring site (40 CFR part 50, Appendix N,
1.0(c)(2)).
\2\ Note that there are three 2006 PM2.5 NAAQS
Moderate nonattainment areas not addressed in that proposal or this
final action: (1) Klamath Falls, OR; (2) Oakridge, OR; and (3) West
Central Pinal, AZ. For the Klamath Falls, OR, nonattainment area,
the EPA issued a determination of attainment by the attainment date
of December 31, 2014, on June 6, 2016 (81 FR 36176). For the
Oakridge, OR, nonattainment area, the EPA issued a 1-year attainment
date extension from December 31, 2015, to December 31, 2016, on July
18, 2016 (81 FR 46612). For the West Central Pinal, AZ,
nonattainment area, the EPA designated the area as nonattainment on
February 3, 2011 (76 FR 6056), and therefore will make a
determination about whether or not the area has attained the 2006
PM2.5 NAAQS after the attainment date of December 31,
2017.
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[[Page 21712]]
The EPA also proposed to find that four nonattainment areas
classified as Moderate failed to attain the 2006 24-hour
PM2.5 NAAQS by December 31, 2015: (1) Fairbanks, Alaska; (2)
Logan, Utah-Idaho; (3) Provo, Utah; and (4) Salt Lake City, Utah. The
proposal stated that, as required by Clean Air Act (CAA) section
188(b)(2), upon finalization of the EPA's determinations that these
four areas failed to attain, the areas would be reclassified to Serious
by operation of law and would be subject to all applicable Serious area
attainment planning and nonattainment New Source Review (NNSR)
requirements. In the December 2016 proposal, the EPA also discussed its
determination that the Logan, Utah-Idaho, multistate nonattainment area
did not qualify for a 1-year attainment date extension, despite the
state of Idaho's request for such an extension, due to a lack of valid
air quality data for calendar year 2015.
The proposal also explained that under CAA section 188(b)(2) and
the EPA's final rule, titled, ``Fine Particulate Matter National
Ambient Air Quality Standards: State Implementation Plan Requirements''
(81 FR 58010, August 24, 2016) (hereinafter ``PM2.5 SIP
Requirements Rule''), a state is required to make a SIP submission to
address the statutory and regulatory requirements for any area that has
been reclassified to Serious under CAA section 188(b)(2) within 18
months from the effective date of reclassification, or 2 years before
the attainment date, whichever is earlier. See 40 CFR
51.1003(b)(2)(ii). Thus, Serious area attainment plan submissions for
the areas reclassified in this action will be due by December 31, 2017,
and consistent with CAA section 188(c)(2), the affected states will be
required to demonstrate that the area will attain the standard as
expeditiously as practicable, but no later than December 31, 2019 (the
end of the tenth calendar year following the effective date of
designation of the area). The EPA notes that states with areas
reclassified to Serious may also elect to seek an extension of the
applicable attainment date pursuant to CAA section 188(e), if they meet
the applicable criteria.
III. Final Actions
A. Determinations of Attainment by the Attainment Date
For this rulemaking, the EPA evaluated data from air quality
monitors in 10 nonattainment areas classified as Moderate for the 2006
24-hour PM2.5 NAAQS in order to determine the attainment
status of each area as of the December 31, 2015, attainment date. Each
of the seven nonattainment areas for which the EPA proposed
determinations of attainment by the attainment date, listed in Table 1,
had valid monitoring data and a design value equal to or less than 35
micrograms per cubic meter ([mu]g/m\3\) based on the 2013 to 2015
monitoring period. The EPA received no adverse comments on these
proposed determinations of attainment. Therefore, pursuant to CAA
section 188(b)(2) of the CAA, the agency is making final determinations
that these seven nonattainment areas attained the 2006 24-hour
PM2.5 NAAQS by the applicable attainment date of December
31, 2015. The EPA's determinations are based upon 3 years of complete,
quality-assured and certified data for calendar years 2013 to 2015. The
monitoring data for the 3 years (2013 to 2015) used to calculate each
monitor's design value are provided in a technical support document
(TSD) in the docket for this action.\3\
---------------------------------------------------------------------------
\3\ See, ``Technical Support Document Regarding PM2.5
Monitoring Data--Determinations of Attainment by the Attainment
Date, Determinations of Failure to Attain by the Attainment Date and
Reclassification for Certain Nonattainment Areas for the 2006 24-
Hour Fine Particulate Matter National Ambient Air Quality
Standards,'' dated April 19, 2017, within this action's docket.
---------------------------------------------------------------------------
Once effective, this action satisfies the EPA's obligation pursuant
to CAA section 188(b)(2) to determine whether these seven areas
attained the standard by the applicable attainment date. These
determinations of attainment do not constitute a redesignation to
attainment. Rather, redesignations require states to meet a number of
additional statutory criteria in CAA section 107(d)(3), including EPA
approval of a state plan demonstrating maintenance of the air quality
standard for 10 years after redesignation.
B. Determinations of Failure To Attain by the Attainment Date and
Reclassification to Serious
In its December 2016 proposal, the EPA proposed to determine that
four nonattainment areas (Fairbanks, Alaska; Logan, Utah-Idaho; Provo,
Utah; and Salt Lake City, Utah) failed to attain the 2006 24-hour
PM2.5 NAAQS by the applicable attainment date of December
31, 2015, because the 2013 to 2015 design value for at least one
monitor in each area exceeded the 2006 24-hour PM2.5 NAAQS
of 35 [mu]g/m\3\. The TSD provided in the docket shows the quality-
assured monitoring data for the relevant years for each of these
nonattainment areas, as well as the 3-year design value calculations
for each area.
Pursuant to CAA section 188(b)(2), the EPA is finalizing the
proposed determinations that three areas (Fairbanks, Alaska; Provo,
Utah; and Salt Lake City, Utah) failed to attain the 2006 24-hour
PM2.5 NAAQS by the applicable December 31, 2015, attainment
date.\4\ Therefore, upon the effective date of this rule, these three
Moderate nonattainment areas will be reclassified by operation of law
to Serious for the 2006 PM2.5 standards. A Serious
PM2.5 nonattainment area is required to attain the standard
as expeditiously as practicable, but no later than by the end of the
tenth year after designation (December 31, 2019).
---------------------------------------------------------------------------
\4\ Since the issuance of the December 2016 proposed action, the
state of Utah has provided additional information for the monitoring
sites in the Logan, Utah-Idaho, area. The EPA needs additional time
to consider this information, and, therefore, is not taking final
action for the Logan, Utah-Idaho, area in this notice. The EPA
intends to act separately on the Logan, Utah-Idaho, area.
---------------------------------------------------------------------------
Table 1 provides a summary of the determinations of attainment and
determinations of failure to attain (reclassifications) being finalized
in this action.
Table 1--Summary of Determinations of Attainment by the Attainment Date/Reclassifications for Certain Moderate
Nonattainment Areas for the 2006 24-Hour PM2.5 NAAQS
----------------------------------------------------------------------------------------------------------------
2013-2015
2006 24-hour PM2.5 NAAQS Design value Final action
nonattainment area ([mu]g/m\3\)
----------------------------------------------------------------------------------------------------------------
Chico, CA................... 29 Determination of attainment.
[[Page 21713]]
Fairbanks, AK............... 124 Failed to attain; reclassification to Serious.
Imperial County, CA......... 33 Determination of attainment.
Knoxville-Sevierville-La 20 Determination of attainment.
Follette, TN.
Liberty-Clairton, PA........ 33 Determination of attainment.
Nogales, AZ................. 28 Determination of attainment.
Provo, UT................... * 50 Failed to attain; reclassification to Serious.
Sacramento, CA.............. 35 Determination of attainment.
Salt Lake City, UT.......... * 45 Failed to attain; reclassification to Serious.
San Francisco Bay Area, CA.. 30 Determination of attainment.
----------------------------------------------------------------------------------------------------------------
* See April 19, 2017, memorandum titled, Salt Lake and Provo, Utah PM2.5 2013-2015 24-hour Design Value, from
Gail Fallon, U.S. EPA, Region 8, to the File.
C. Public Comments
The public comment period for the EPA's December 16, 2016, proposal
closed on January 17, 2017. To review the comments received on the
proposed rule and the Response to Comment document that accompanies
this final rule, please go to https://www.regulations.gov and search
for Docket ID No. EPA-HQ-OAR-2016-0515. A majority of commenters
supported the EPA's proposal to determine that certain nonattainment
areas did not attain the 2006 24-hour PM2.5 NAAQS by the
applicable attainment date and thus the reclassification of the areas
to Serious. The EPA received comments expressing concerns about
proposed determinations for the Logan, Utah-Idaho, and Fairbanks,
Alaska, nonattainment areas, which are addressed here.
Comment: Idaho Department of Environmental Quality (DEQ) opposed
the EPA's determination not to grant the 1-year extension and
subsequent determination that the Logan, Utah-Idaho, nonattainment area
failed to attain by the December 31, 2015, attainment date. Idaho DEQ
asserted that the area met the requirements under CAA section 188(d)
and the PM2.5 SIP Requirements Rule relevant to extensions
of the Moderate area attainment date (i.e., that the area has complied
with all requirements and commitments pertaining to the area in the
applicable implementation plans and monitoring data show that the 2015
98th percentile are below the PM2.5 NAAQS for the Franklin
County monitor on the Idaho side of the nonattainment area). Idaho DEQ
acknowledged that data were incomplete and requested that the EPA
determine the area's 2015 98th percentile data using the same data that
the EPA used to determine the area's 2013 to 2015 design value.
Response: The EPA is considering these comments and is not taking
final action on the Logan, Utah-Idaho, nonattainment area at this time.
Comment: Three commenters did not question the EPA's proposed
determination that the Fairbanks, Alaska, area failed to attain the
2006 24-hour NAAQS by December 31, 2015, but asserted that the Serious
area attainment plan for the Fairbanks, Alaska, 2006 24-hour
PM2.5 NAAQS nonattainment area should be due 18 months after
the effective date of the Serious area reclassification rather than
December 31, 2017. The commenters stated that, under CAA section
189(b)(2), states have 18 months from the effective date of a
reclassification to complete plans and that the change in the
submission deadline was not proposed during the EPA's rulemaking to
promulgate the PM2.5 SIP Requirements Rule. Commenters
pointed to ``two alternative schedules'' for SIP submissions in
response to mandatory and discretionary reclassifications to Serious,
and allege the EPA's PM2.5 SIP Requirements Rule is ``in
error by adding the clause that reflects the discretionary
reclassification language and mandatory language together.'' The Alaska
Department of Environmental Conservation also claimed that requiring
the state to submit the Serious area attainment plan by December 31,
2017, would result in insufficient time to prepare and adopt a very
complex plan with adequate public process and public participation.
Response: The EPA acknowledges that meeting the Serious area
attainment plan submission deadline may be challenging for those areas
reclassified from Moderate to Serious in this final action, and
understands the desire for additional time. Because the submission due
date was established in the final PM2.5 SIP Requirements
Rule and the EPA did not propose any changes to this date in its
December 2016 proposal, we cannot make changes to this date here. In
that prior rulemaking, the EPA addressed the issue of when states must
submit Serious area attainment plans when they are reclassified, in
order to comport with statutory requirements for the attainment date
for such nonattainment areas. Accordingly, EPA promulgated 40 CFR
51.1003(b)(2)(ii), which provides that in the event of a mandatory
reclassification from Moderate to Serious upon a determination that an
area fails to attain, the state is required to submit the Serious area
attainment plan ``within 18 months from the effective date of
reclassification, or 2 years before the attainment date, whichever is
earlier.'' \5\ The EPA did not reopen the issue of the attainment plan
submission date in this action regarding determinations of attainment,
and merely noted the submission date for informational purposes. Even
though the comment on
[[Page 21714]]
the SIP submission due date is out of scope for this rulemaking action,
the EPA understands the significant effort involved in preparing an
attainment plan revision and stands ready to help the state prepare
this plan.
---------------------------------------------------------------------------
\5\ In the PM2.5 SIP Requirements Rule, the EPA
provided its reasoning for establishing the submission date
contained in 40 CFR 51.1003(b)(2)(ii). See generally 81 FR 58074-
58078 (comprehensive discussion of the rationale behind plan due
dates for areas subject to either a discretionary or a mandatory
reclassification to Serious); Response to Comments, pages 134-138,
available at https://www.regulations.gov under docket item EPA-HQ-
OAR-2013-0691-0145. As EPA explained, ``a minimum of 2 years is
appropriate because (1) it provides time for emission reduction
measures adopted by the state to take effect and improve air
quality; (2) it will allow the agency sufficient time to evaluate
and act on the Serious area attainment demonstration; and (3) for
every other NAAQS, the CAA SIP submission dates are generally 2
years or more prior to the attainment date.'' 81 FR 58077. The EPA
even included a discussion of what would arise if the deadline were
similar to that the commenters are advocating, explaining that
``[if] the plan is not submitted until just before year 10, and the
agency determines the plan will not lead to attainment, there will
be no time to take corrective action before the attainment date to
ensure attainment of the NAAQS.'' Id.
---------------------------------------------------------------------------
The EPA understands that in this particular instance, the
submission date for the Serious area attainment plan may be challenging
in light of the complexity of the air quality situation in the
Fairbanks, Alaska, nonattainment area and the need for public process
in adopting plans. The EPA will prioritize working with Alaska to help
the state prepare the required Serious area attainment plan as
expeditiously and efficiently as possible. The EPA also believes that
in light of the December 2015 Moderate area plan developed by the state
demonstrating it was impracticable to attain by the Moderate area
attainment date of December 31, 2015, and the work already done by the
state on the Serious area plan in anticipation of this determination of
failure to attain, a Serious area plan can be submitted in a timely
manner.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is exempt from review by the Office of Management and
Budget (OMB) because it will satisfy the CAA obligation to make
determinations of attainment based on an area's air quality as of the
attainment date.
B. Paperwork Reduction Act (PRA)
This rule does not impose any additional information collection
burden under the provisions of the PRA, 44 U.S.C. 3501 et seq. This
action to find that three Moderate PM2.5 nonattainment areas
listed in Table 1 have failed to attain the 2006 24-hour
PM2.5 NAAQS by their attainment date and to reclassify those
areas as Serious PM2.5 nonattainment areas does not
establish any new information collection burden not already covered
under OMB control number 2060-0611.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities.
Determinations that certain areas attained the 2006 24-hour
PM2.5 NAAQS do not create any new requirements.
Determinations that certain nonattainment areas failed to attain the
2006 24-hour PM2.5 NAAQS by their attainment date and the
resulting reclassification of these areas by operation of law under CAA
section 188(b)(2) similarly do not in and of themselves create any new
requirements. Instead, this rulemaking only makes factual
determinations, and does not directly regulate any entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The EPA believes, as discussed previously in this
document, that a determination of nonattainment is a factual
determination based upon air quality considerations, and the resulting
reclassification of an area and the associated required revisions to
SIPs must occur by operation of law. Thus, this action imposes no
enforceable duty on any state, local or tribal governments or the
private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. Pursuant
to the CAA, this action determines whether the 2006 24-hour
PM2.5 nonattainment areas listed in Table 1 attained the
2006 24-hour PM2.5 NAAQS by the applicable attainment date,
and reclassifies as ``Serious,'' by operation of law, the areas that
did not do so.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. No tribal areas are located in the three areas
that failed to attain the 2006 24-hour PM2.5 NAAQS by the
applicable attainment date. The CAA and the Tribal Authority Rule
establish the relationship of the federal government and tribes in
developing plans to attain the NAAQS, and this rule does nothing to
modify that relationship. Thus, Executive Order 13175 does not apply to
this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe any environmental health or safety
risks addressed by this action present a disproportionate risk to
children. This action determines that three 2006 24-hour
PM2.5 nonattainment areas, identified in Table 1, did not
attain the 2006 24-hour PM2.5 standard by their applicable
attainment date and thus these areas will be reclassified by operation
of law as Serious PM2.5 nonattainment areas.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. This action
merely determines that three 2006 24-hour PM2.5
nonattainment areas, identified in Table 1, did not attain the 2006 24-
hour PM2.5 standard by their applicable attainment date and
thus these areas will be reclassified by operation of law as Serious
PM2.5 nonattainment areas.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This action merely determines that three 2006 24-hour PM2.5
nonattainment areas, identified in Table 1, did not attain by the
applicable attainment date and thus these nonattainment areas will be
reclassified by operation of law as Serious PM2.5
nonattainment areas. Reclassifying the three nonattainment areas from
Moderate to Serious will help protect all of those residing, working,
attending school, or otherwise present in those areas regardless of
minority or economic status.
K. Congressional Review Act (CRA)
This rule is exempt from the CRA because it is a rule of particular
applicability that names specific entities where this rule makes
factual determinations and does not directly regulate any entities. The
determinations of attainment and failure to attain the 2006 24-hour
PM2.5 NAAQS (and resulting reclassifications) contained in
this final rule do not in and of themselves create any new
[[Page 21715]]
requirements beyond what is already mandated by the CAA.
L. Judicial Review
Under CAA section 307(b)(1) of the CAA, petitions for judicial
review of final actions that are locally and regionally applicable may
be filed only in the United States Court of Appeals for the appropriate
circuit. However, the statute also provides that notwithstanding that
general rule, ``a petition for review of any action . . . may be filed
only in the United States Court of Appeals for the District of Columbia
if such action is based on a determination of nationwide scope or
effect and if in taking such action the Administrator finds and
publishes that such action is based on such determination.'' 42 U.S.C.
7607(b)(1). See also Dalton Trucking v. EPA, 808 F.3d 875 (D.C. Circuit
2015). Because this final action makes findings with regard to
nonattainment areas across the country and interprets the CAA and
applies such interpretations to states and nonattainment areas across
the country, the Administrator finds that this action has nationwide
scope and effect. Therefore, in accordance with CAA section 307(b)(1),
petitions for review of this final action may be filed only in the
United States Court of Appeals for the District of Columbia Circuit by
July 10, 2017. Note, under CAA section 307(b)(2), the requirements
established by this final rule may not be challenged separately in any
civil or criminal proceedings for enforcement.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Ammonia, Fine
particulate matter, Incorporation by reference, Intergovernmental
relations, Nitrogen oxides, Reporting and recordkeeping requirements,
Sulfur dioxides, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, Ammonia, Fine
particulate matter, Intergovernmental relations, Nitrogen oxides,
Reporting and recordkeeping requirements, Sulfur dioxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 28, 2017.
E. Scott Pruitt,
Administrator.
0
For the reasons stated in the preamble, title 40, chapter I of the Code
of Federal Regulations is to be 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 D--Arizona
0
2. Section 52.131 is amended by adding paragraph (c) to read as
follows:
Sec. 52.131 Control Strategy and regulations: Fine Particle Matter.
* * * * *
(c) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Nogales, AZ PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS by the applicable attainment date
of December 31, 2015. Therefore, the EPA has met the requirement
pursuant to CAA section 188(b)(2) to determine whether the area
attained the standard. The EPA also has determined that the Nogales, AZ
nonattainment area will not be reclassified for failure to attain by
its applicable attainment date under section 188(b)(2).
Subpart F--California
0
3. Section 52.247 is amended by adding paragraphs (j), (k), (l), and
(m) to read as follows:
Sec. 52.247 Control Strategy and regulations: Fine Particle Matter.
* * * * *
(j) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Chico, CA PM2.5 nonattainment area has attained the 2006
24-hour PM2.5 NAAQS by the applicable attainment date of
December 31, 2015. Therefore, the EPA has met the requirement pursuant
to CAA section 188(b)(2) to determine whether the area attained the
standard. The EPA also has determined that the Chico, CA nonattainment
area will not be reclassified for failure to attain by its applicable
attainment date under section 188(b)(2).
(k) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Imperial County, CA PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date of December 31, 2015. Therefore, the EPA has met the
requirement pursuant to CAA section 188(b)(2) to determine whether the
area attained the standard. The EPA also has determined that the
Imperial County, CA nonattainment area will not be reclassified for
failure to attain by its applicable attainment date under section
188(b)(2).
(l) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Sacramento, CA PM2.5 nonattainment area has attained the
2006 24-hour PM2.5 NAAQS by the applicable attainment date
of December 31, 2015. Therefore, the EPA has met the requirement
pursuant to CAA section 188(b)(2) to determine whether the area
attained the standard. The EPA also has determined that the Sacramento,
CA nonattainment area will not be reclassified for failure to attain by
its applicable attainment date under section 188(b)(2).
(m) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the San Francisco Bay, CA PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date of December 31, 2015. Therefore, the EPA has met the
requirement pursuant to CAA section 188(b)(2) to determine whether the
area attained the standard. The EPA also has determined that the San
Francisco Bay, CA nonattainment area will not be reclassified for
failure to attain by its applicable attainment date under section
188(b)(2).
Subpart NN--Pennsylvania
0
4. Section 52.2059 is amended by adding paragraph (v) to read as
follows:
Sec. 52.2059 Control strategy: Particulate matter.
* * * * *
(v) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Liberty-Clairton, PA PM2.5 nonattainment area has
attained the 2006 24-hour PM2.5 NAAQS by the applicable
attainment date of December 31, 2015. Therefore, the EPA has met the
requirement pursuant to CAA section 188(b)(2) to determine whether the
area attained the standard. The EPA also has determined that the
Liberty-Clairton, PA nonattainment area will not be reclassified for
failure to attain by its applicable attainment date under section
188(b)(2).
Subpart RR--Tennessee
0
5. Section 52.2231 is amended by adding paragraph (f) to read as
follows:
[[Page 21716]]
Sec. 52.2231 Control strategy: Sulfur oxides and particulate matter.
* * * * *
(f) Determination of attainment. Effective June 9, 2017, the EPA
has determined that, based on 2013 to 2015 ambient air quality data,
the Knoxville-Sevierville-La Follette, Tennessee PM2.5
nonattainment area has attained the 2006 24-hour PM2.5 NAAQS
by the applicable attainment date of December 31, 2015. Therefore, the
EPA has met the requirement pursuant to CAA section 188(b)(2) to
determine whether the area attained the standard. The EPA also has
determined that the Knoxville-Sevierville-La Follette, Tennessee
nonattainment area will not be reclassified for failure to attain by
its applicable attainment date under section 188(b)(2).
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
6. 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
7. Section 81.302 is amended in the table ``Alaska--2006 24-Hour
PM2.5 NAAQS (Primary and secondary)'' by revising the
entries for ``Fairbanks, AK'' to read as follows:
Sec. 81.302 Alaska.
* * * * *
Alaska--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area ------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Fairbanks, AK:
AQCR 09 Northern Alaska
Intrastate:
Fairbanks North Star Borough .............. Nonattainment............... 6/9/17 Serious.
(part).
The following townships
and ranges: --MTRS
F001N001--All Sections;
--MTRS F001N001E--
Sections 2-11, 14-23, 26-
34; --MTRS F001N002--
Sections 1-5, 8-17, 20-
29, 32-36; --MTRS
F001S001E--Sections 1, 3-
30, 32-36; --MTRS
F001S001W--Sections 1-
30; --MTRS F001S002E--
Sections 6-8, 17-20, 29-
36; --MTRS F001S002W--
Sections 1-5, 8-17, 20-
29, 32-33; --MTRS
F001S003E--Sections 31-
32; --MTRS F002N001E--
Sections 31-35; --MTRS
F002N001--Sections 28,
31-36; --MTRS F002N002--
Sections 32-33, 36; --
MTRS F002S001E--Sections
1-2; --MTRS F002S002E--
Sections 1-17, 21-24; --
MTRS F002S003E--Sections
5-8, 18.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
0
8. Section 81.345 is amended in the table ``Utah--2006 24-Hour
PM2.5 NAAQS (Primary and secondary)'' by revising the
entries for ``Provo, UT'' and ``Salt Lake City, UT'' to read as
follows:
Sec. 81.345 Utah.
* * * * *
Utah--2006 24-Hour PM2.5 NAAQS
[Primary and secondary]
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area ------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Provo, UT:
Utah County (part)........... .............. Nonattainment............... 6/9/17 Serious.
The area of Utah County
that lies west of the
Wasatch Mountain Range
(and this includes the
Cities of Provo and
Orem) with an eastern
boundary for Utah County
to be defined as the
following Townships:
Township 3 South Range 1
East; Township 4 South
Range 2 East; Township 5
South Range 3 East;
Township 6 South Range 3
East; Township 7 South
Range 3 East; Township 8
South Range 3 East;
Township 9 South Range 3
East; Township 10 South
Range 2 East.
Salt Lake City, UT:
Box Elder County (part)...... .............. Nonattainment............... 6/9/17 Serious.
[[Page 21717]]
The following Townships
or portions thereof as
noted (including Brigham
City): Township 7 North
Range 2 West; Township 8
North Range 2 West;
Township 9 North Range 2
West; Township 10 North
Range 2 West; Township
11 North Range 2 West;
Township 12 North Range
2 West; Township 13
North Range 2 West;
Township 9 North Range 3
West; Township 10 North
Range 3 West; Township
11 North Range 3 West;
Township 12 North Range
3 West; Township 13
North Range 3 West;
Township 13 North Range
4 West; Township 12
North Range 4 West;
Township 11 North Range
4 West; Township 10
North Range 4 West;
Township 9 North Range 4
West; Township 13 North
Range 5 West; Township
12 North Range 5 West;
Township 11 North Range
5 West; Township 10
North Range 5 West;
Township 9 North Range 5
West; Township 13 North
Range 6 West; Township
12 North Range 6 West;
Township 11 North Range
6 West; Township 10
North Range 6 West;
Township 9 North Range 6
West; Township 7 North
Range 1 West (portion
located in Box Elder
County); Township 8
North Range 1 West
(portion located in Box
Elder County); Township
9 North Range 1 West
(portion located in Box
Elder County).
Davis County................. .............. Nonattainment............... 6/9/17 Serious.
Salt Lake County............. .............. Nonattainment............... 6/9/17 Serious.
Tooele County (part)......... .............. Nonattainment............... 6/9/17 Serious.
The following Townships
or portions thereof as
noted (including Tooele
City): Township 1 South
Range 3 West; Township 2
South Range 3 West;
Township 3 South Range 3
West; Township 3 South
Range 4 West; Township 2
South Range 4 West;
Township 2 South Range 5
West; Township 3 South
Range 5 West; Township 3
South Range 6 West;
Township 2 South Range 6
West; Township 1 South
Range 6 West; Township 1
South Range 5 West;
Township 1 South Range 4
West; Township 1 South
Range 7 West; Township 2
South Range 7 West;
Township 3 South Range 7
West; all Sections
within Township 4 South
Range 7 West except for
Sections 29, 30, 31 and
32; Township 4 South
Range 6 West; Township 4
South Range 5 West;
Township 4 South Range 4
West; Township 4 South
Range 3 West.
Weber County (part).......... .............. Nonattainment............... 6/9/17 Serious.
The area of Weber County
that lies west of the
Wasatch Mountain Range
with an eastern boundary
for Weber County to be
defined as the following
Townships (or portion
thereof) extending to
the western boundary of
Weber County: Township 5
North Range 1 West;
Township 6 North Range 1
West; all Sections
within Township 7 North
Range 1 West located
within Weber County
except for Sections 1,
2, 3, 4, 11, 12, 13 and
24; Township 7 North
Range 2 West (portion
located in Weber County).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\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.
* * * * *
[FR Doc. 2017-09391 Filed 5-9-17; 8:45 am]
BILLING CODE 6560-50-P