Determinations of Attainment by the Attainment Date, California Areas Classified as Serious for the 2008 Ozone National Ambient Air Quality Standards and Marginal for the 2015 Ozone National Ambient Air Quality Standards, 63698-63701 [2022-22192]
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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 / Rules and Regulations
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Determinations of Attainment by the
Attainment Date, California Areas
Classified as Serious for the 2008
Ozone National Ambient Air Quality
Standards and Marginal for the 2015
Ozone National Ambient Air Quality
Standards
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
The Environmental Protection
Agency (EPA) is finalizing a
determination that the Nevada County
(Western part) and Ventura County
areas in California, both classified as
Serious for the 2008 ozone National
Ambient Air Quality Standards
(NAAQS), attained the 2008 ozone
NAAQS by the July 20, 2021 attainment
date. The EPA is also finalizing a
determination that six areas in
California classified as Marginal for the
SUMMARY:
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2015 ozone NAAQS, attained the 2015
ozone NAAQS by the August 3, 2021
attainment date. These six areas are:
Butte County, Calaveras County, San
Luis Obispo (Eastern part), Sutter
Buttes, Tuolumne County, and Tuscan
Buttes. Our final determination of
attainment is based on the exclusion of
exceedances of the 2008 and 2015 ozone
NAAQS that occurred on multiple days
in 2018 and 2020, because the
exceedances were due to exceptional
events. We are also finalizing our
determination that the requirement for
the State to have contingency measures
for Reasonable Further Progress (RFP)
and attainment for the 2008 ozone
NAAQS for the Nevada County
(Western part) and Ventura
nonattainment areas will no longer
apply, because the contingency
measures will never be needed given the
attainment of the NAAQS by the
attainment date. This action fulfills the
EPA’s statutory obligation to determine
whether these ozone nonattainment
areas attained the NAAQS by the
relevant attainment dates.
The effective date of this rule is
November 21, 2022.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–EPA–R09–OAR–2022–0412.
All documents in the docket are listed
on the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Laura Lawrence, Air Planning Office
(AIR–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105; By
phone: (415) 972–3407 or by email:
lawrence.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ means the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comment Period and Final Action
III. Summary of Final Action
IV. Statutory and Executive Order Reviews
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I. Summary of the Proposed Action
On July 14, 2022,1 the EPA proposed
to determine that two areas classified as
Serious nonattainment for the 2008
ozone National Ambient Air Quality
Standards (NAAQS or ‘‘standards’’)
attained the standards by their July 21,
2021 attainment date, and that six areas
classified as Marginal for the 2015
ozone standards attained the standards
by their August 3, 2021 attainment
date.2 The EPA proposed these findings
to fulfill our statutory obligation under
Clean Air Act (CAA or the Act) section
181(b)(2) to determine whether areas
with attainment dates in 2021 attained
the relevant standards by their
applicable attainment dates. These
proposed determinations were based on
complete, quality-assured and certified
ozone air quality monitoring data for the
2018–2020 calendar years, and based on
the exclusion of certain exceedances of
the 2008 and 2015 ozone NAAQS that
occurred on multiple days in 2018 and
2020, because the exceedances were due
to exceptional events.
Specifically, we proposed to
determine than the Ventura County and
the Nevada County (Western part) (or
‘‘Western Nevada County’’) areas
attained the 2008 ozone NAAQS by the
63699
Serious area attainment date of July 20,
2021, and that the Butte County,
Calaveras County, San Luis Obispo
(Eastern part) (or ‘‘Eastern San Luis
Obispo’’), Sutter Buttes, Tuloumne
County, and Tuscan Buttes areas
attained the 2015 ozone NAAQS by the
Marginal area attainment date of August
3, 2021. A summary of the actions
proposed for the two areas classified
Serious for the 2008 ozone NAAQS is
provided in Table 1 of this document,
and a summary of the actions proposed
for the six areas classified Marginal for
the 2015 ozone NAAQS is provided in
Table 2 of this document.
TABLE 1—2008 OZONE NAAQS SERIOUS NONATTAINMENT AREA ACTION SUMMARY a
2018–2020
design value
(ppm)
2008 NAAQS nonattainment area
Nevada County (Western part) ..............................................................................................................
Ventura County ......................................................................................................................................
a The
0.075
0.075
2008 NAAQS attained by
the Serious attainment
date?
Attained.
Attained.
data shown exclude exceedances due to exceptional events.
TABLE 2—2015 OZONE NAAQS MARGINAL NONATTAINMENT AREA ACTION SUMMARY a
2018–2020
design value
(ppm)
2015 NAAQS nonattainment area
Butte County ...........................................................................................................................................
Calaveras County ...................................................................................................................................
San Luis Obispo (Eastern part) .............................................................................................................
Sutter Buttes ...........................................................................................................................................
Tuolumne County ...................................................................................................................................
Tuscan Buttes ........................................................................................................................................
b 0.070
0.069
0.070
0.070
0.070
0.070
2015 NAAQS attained by
the Marginal attainment
date?
Attained.
Attained.
Attained.
Attained.
Attained.
Attained.
a The
data shown exclude exceedances due to exceptional events.
average percent completeness for one of the monitors in Butte County, located in Paradise, CA, is 88 percent due to a power loss
caused by regional California wildfires. Per 40 CFR part 50, appendix U, 4(c) the California Air Resources Board (CARB) submitted a request to
the Regional Administrator for Region 9 to count missing data for 79 days between November 8, 2018, and January 25, 2019, towards the minimum data completeness requirements. This request was approved and results in data completeness over 90 percent on average over the threeyear period of 2018–2020 for the site; therefore, this design value is considered valid. For more information regarding the Paradise monitor data
certification and the state’s request, see the Technical Support Document for the proposed action and data certification letters included in the
docket.
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b The
In our proposed rule, we also
proposed to determine that, if the
proposed determinations of attainment
by the attainment date were finalized for
the Ventura County and Western
Nevada County nonattainment areas,
then the requirement for the State to
have contingency measures for failure to
meet RFP and failure to attain for the
2008 ozone NAAQS would no longer
apply, because contingency measures
would never be needed given the
attainment of the NAAQS by the
attainment date (see section II.D of the
proposed rule).
Our proposed rule includes additional
information about ozone air pollution,
the NAAQS, and the statutory and
1 87
FR 42126 (July 14, 2022).
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15:48 Oct 19, 2022
regulatory bases for making these
proposed determinations of attainment.
Our proposed rule and the Technical
Support Document (TSD) accompanying
the proposed rule also include
additional information about the
relevant nonattainment areas,
information about areas of Indian
Country within the nonattainment areas,
and additional information about the
data considered for this action.
II. Public Comment Period and Final
Action
The public comment period for the
EPA’s July 14, 2022 proposal closed on
August 15, 2022. We received no
comments on our proposal.
2 The 2008 and 2015 ozone NAAQS are both 8hour standards; the 2008 ozone NAAQS was set at
a level of 0.075 ppm (73 FR 16436, March 27, 2008),
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Pursuant to section 181(b)(2)(A) of the
CAA and 40 CFR 51.1303, the EPA is
making final determinations that the
Serious nonattainment areas listed in
Table 1 attained the 2008 ozone NAAQS
by the applicable attainment date of July
20, 2021, and the Marginal
nonattainment areas listed in Table 2
attained the 2015 ozone NAAQS by the
applicable attainment date of August 3,
2021. Once effective, this final action
satisfies the EPA’s obligation pursuant
to CAA section 181(b)(2)(A) to
determine, based on an area’s air quality
as of the attainment date, whether the
area attained the standard by the
applicable attainment date. This
determination also establishes that, in
and the 2015 ozone NAAQS was set at a level of
0.070 ppm (80 FR 65291, October 26, 2015).
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accordance with CAA section
181(b)(2)(A), the area will not be
reclassified for failure to attain by the
applicable attainment date.
The EPA is also making a final
determination that the requirement for
the Western Nevada County and
Ventura nonattainment areas to have
contingency measures for failure to meet
RFP and failure to attain the 2008 ozone
NAAQS by the attainment date no
longer applies, because contingency
measures can never be triggered given
the attainment of the NAAQS by the
attainment date. This finding will not
prevent the EPA, in the event that an
area subsequently violates the NAAQS,
from exercising its authority under the
CAA to address violations of the
NAAQS.3 Our proposed rule has more
information about the EPA’s rationale
for these actions.
These determinations of attainment
do not constitute a redesignation to
attainment under CAA section
107(d)(3). The EPA may redesignate an
area if a state meets additional statutory
criteria, including the EPA approval of
a state plan demonstrating maintenance
of the air quality standard for 10 years
after redesignation, as required under
CAA section 175A. As for all NAAQS,
the EPA is committed to working with
states that choose to submit
redesignation requests for areas that are
attaining the 2008 and 2015 ozone
NAAQS.
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III. Summary of Final Action
For the reasons set forth in our
proposed rule and summarized in this
document, we are determining that:
• The Ventura County and Western
Nevada County nonattainment areas
attained the 2008 ozone NAAQS by the
July 20, 2021 attainment date;
• The Butte County, Calaveras
County, Eastern San Luis Obispo
County, Sutter Buttes, Tuolumne
County, and Tuscan Buttes
nonattainment areas attained the 2015
ozone NAAQS by the August 3, 2021
attainment date; and
• The CAA requirement for the SIP to
provide for contingency measures for
attainment and RFP will no longer
apply to the Ventura County and
Western Nevada County nonattainment
areas for the 2008 ozone NAAQS.
As noted in section II of this
document, we are not taking action to
redesignate any area to attainment. The
EPA would consider a redesignation to
attainment for these areas following a
submittal by the State of a formal
3 See Bahr v Regan, 6 F.4th 1059, 1085 (9th Cir.
2021); see also 42 U.S.C. 7407(d)(3).
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redesignation request and maintenance
plan.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866, Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This rule does not impose any new
information collection burden under the
PRA not already approved by the OMB.
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.
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. 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, tribes, or the
relationship between the National
Government and the states and tribes, or
on the distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires the
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
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the distribution of power and
responsibilities between the Federal
government and Indian Tribes.’’
The EPA has identified tribal areas
within three of the nonattainment areas
covered by this action, that would be
potentially affected by this action.
Specifically, the Butte County,
Calaveras County, and Tuolumne
County nonattainment areas addressed
in this action include areas of Indian
country located within the
nonattainment area boundaries. A full
list of tribes in these nonattainment
areas is found in section I.D of the
proposed action and in the TSD
accompanying the proposed action.
The EPA has concluded that this
action may have tribal implications for
these tribes for the purposes of
Executive Order 13175, but would not
impose substantial direct costs upon the
tribes, nor would it preempt tribal law.
The determinations we are finalizing in
this rule apply throughout the
nonattainment area, including on tribal
lands within the nonattainment areas.
As noted in our proposed rule, and in
section II of this document, the
nonattainment areas, including the
tribal lands within the nonattainment
areas, will remain designated
nonattainment and will retain their
existing classifications.
At the time of our proposed action,
the EPA notified the tribes located
within the boundaries of the
nonattainment areas addressed in this
action, and we plan to notify them of
this final action. Because this action did
not change the tribe’s existing
nonattainment designation or
classification, we did not offer
government-to-government consultation
on our proposed action, however, as
stated in our proposed action, the EPA
would initiate government-togovernment consultation at the request
of any tribe. The EPA did not receive
any requests for consultation on this
action.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
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H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
CAA 181(b)(2)(A) directs the
Administrator to determine, within 6
months following the applicable
attainment date, and based on the area’s
design value as of the attainment date,
whether the area attained the standard
by that date. There is no information in
the record indicating that this action
would be inconsistent with the stated
goals of Executive Order 12898 of
achieving environmental justice for
people of color, low-income
populations, and indigenous peoples.
K. Congressional Review Act (CRA)
This rule is exempt from the CRA
because it is a rule of particular
applicability. The rule makes factual
determinations for specific entities and
does not directly regulate any entities.
The determination of attainment by the
attainment date does not in itself create
any new requirements beyond what is
mandated by the CAA.
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L. Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 19,
2022. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
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recordkeeping requirements, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the
preamble, part 52, chapter 1, title 40 of
the Code of Federal Regulations is
amended as follows:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2022–0501; FRL–10106–
02–R9]
Determination of Attainment by the
Attainment Date But for International
Emissions for the 2015 Ozone National
Ambient Air Quality Standard; Imperial
County, California
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
AGENCY:
1. The authority citation for part 52
continues to read as follows:
SUMMARY:
Environmental Protection
Agency (EPA).
ACTION: Final action.
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.282 is amended by
adding paragraph (n) to read as follows:
■
§ 52.282
Ozone.
Control strategy and regulations:
*
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*
*
*
(n) Determinations of attainment by
the attainment date. Effective November
21, 2022.
(1) Determinations of attainment by
the attainment date. The EPA has
determined that the Nevada County
(Western part) and Ventura County
Serious nonattainment areas in
California attained the 2008 8-hour
ozone National Ambient Air Quality
Standards (NAAQS) by the applicable
attainment date of July 20, 2021, based
upon complete, quality-assured and
certified data for the calendar years
2018–2020.
(2) Determinations of attainment by
the attainment date. The EPA has
determined that the Butte County,
Calaveras County, San Luis Obispo
(Eastern part), Sutter Buttes, Tuolumne
County, and Tuscan Buttes Marginal
nonattainment areas in California
attained the 2015 8-hour ozone National
Ambient Air Quality Standards
(NAAQS) by the applicable attainment
date of August 3, 2021, based upon
complete, quality-assured and certified
data for the calendar years 2018–2020.
[FR Doc. 2022–22192 Filed 10–19–22; 8:45 am]
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63701
The Environmental Protection
Agency (EPA or ‘‘Agency’’) is
determining that the Imperial County
nonattainment area would have attained
the 2015 ozone national ambient air
quality standard (NAAQS) by the
August 3, 2021 ‘‘Marginal’’ area
attainment date, but for emissions
emanating from outside the United
States. As a result of this final action,
the Imperial County nonattainment area
will no longer be subject to the Clean
Air Act (CAA) requirements pertaining
to reclassification upon failure to attain
and therefore will remain classified as a
Marginal nonattainment area for the
2015 ozone NAAQS. This action
discharges the EPA’s statutory
obligation to determine whether the
Imperial County ozone nonattainment
area attained the NAAQS by the
attainment date.
DATES: This final action is effective on
November 21, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2022–0501. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Ginger Vagenas, Air Planning Office
(AIR–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
972–3964, or by email at
vagenas.ginger@epa.gov.
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]]>Agencies
[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63698-63701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22192]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0412; FRL-9818-02-R9]
Determinations of Attainment by the Attainment Date, California
Areas Classified as Serious for the 2008 Ozone National Ambient Air
Quality Standards and Marginal for the 2015 Ozone National Ambient Air
Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
determination that the Nevada County (Western part) and Ventura County
areas in California, both classified as Serious for the 2008 ozone
National Ambient Air Quality Standards (NAAQS), attained the 2008 ozone
NAAQS by the July 20, 2021 attainment date. The EPA is also finalizing
a determination that six areas in California classified as Marginal for
the 2015 ozone NAAQS, attained the 2015 ozone NAAQS by the August 3,
2021 attainment date. These six areas are: Butte County, Calaveras
County, San Luis Obispo (Eastern part), Sutter Buttes, Tuolumne County,
and Tuscan Buttes. Our final determination of attainment is based on
the exclusion of exceedances of the 2008 and 2015 ozone NAAQS that
occurred on multiple days in 2018 and 2020, because the exceedances
were due to exceptional events. We are also finalizing our
determination that the requirement for the State to have contingency
measures for Reasonable Further Progress (RFP) and attainment for the
2008 ozone NAAQS for the Nevada County (Western part) and Ventura
nonattainment areas will no longer apply, because the contingency
measures will never be needed given the attainment of the NAAQS by the
attainment date. This action fulfills the EPA's statutory obligation to
determine whether these ozone nonattainment areas attained the NAAQS by
the relevant attainment dates.
DATES: The effective date of this rule is November 21, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-EPA-R09-OAR-2022-0412. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Laura Lawrence, Air Planning Office
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105;
By phone: (415) 972-3407 or by email: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comment Period and Final Action
III. Summary of Final Action
IV. Statutory and Executive Order Reviews
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I. Summary of the Proposed Action
On July 14, 2022,\1\ the EPA proposed to determine that two areas
classified as Serious nonattainment for the 2008 ozone National Ambient
Air Quality Standards (NAAQS or ``standards'') attained the standards
by their July 21, 2021 attainment date, and that six areas classified
as Marginal for the 2015 ozone standards attained the standards by
their August 3, 2021 attainment date.\2\ The EPA proposed these
findings to fulfill our statutory obligation under Clean Air Act (CAA
or the Act) section 181(b)(2) to determine whether areas with
attainment dates in 2021 attained the relevant standards by their
applicable attainment dates. These proposed determinations were based
on complete, quality-assured and certified ozone air quality monitoring
data for the 2018-2020 calendar years, and based on the exclusion of
certain exceedances of the 2008 and 2015 ozone NAAQS that occurred on
multiple days in 2018 and 2020, because the exceedances were due to
exceptional events.
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\1\ 87 FR 42126 (July 14, 2022).
\2\ The 2008 and 2015 ozone NAAQS are both 8-hour standards; the
2008 ozone NAAQS was set at a level of 0.075 ppm (73 FR 16436, March
27, 2008), and the 2015 ozone NAAQS was set at a level of 0.070 ppm
(80 FR 65291, October 26, 2015).
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Specifically, we proposed to determine than the Ventura County and
the Nevada County (Western part) (or ``Western Nevada County'') areas
attained the 2008 ozone NAAQS by the Serious area attainment date of
July 20, 2021, and that the Butte County, Calaveras County, San Luis
Obispo (Eastern part) (or ``Eastern San Luis Obispo''), Sutter Buttes,
Tuloumne County, and Tuscan Buttes areas attained the 2015 ozone NAAQS
by the Marginal area attainment date of August 3, 2021. A summary of
the actions proposed for the two areas classified Serious for the 2008
ozone NAAQS is provided in Table 1 of this document, and a summary of
the actions proposed for the six areas classified Marginal for the 2015
ozone NAAQS is provided in Table 2 of this document.
Table 1--2008 Ozone NAAQS Serious Nonattainment Area Action Summary \a\
------------------------------------------------------------------------
2018-2020 2008 NAAQS attained
2008 NAAQS nonattainment area design value by the Serious
(ppm) attainment date?
------------------------------------------------------------------------
Nevada County (Western part)...... 0.075 Attained.
Ventura County.................... 0.075 Attained.
------------------------------------------------------------------------
\a\ The data shown exclude exceedances due to exceptional events.
Table 2--2015 Ozone NAAQS Marginal Nonattainment Area Action Summary \a\
------------------------------------------------------------------------
2018-2020 2015 NAAQS attained
2015 NAAQS nonattainment area design value by the Marginal
(ppm) attainment date?
------------------------------------------------------------------------
Butte County...................... \b\ 0.070 Attained.
Calaveras County.................. 0.069 Attained.
San Luis Obispo (Eastern part).... 0.070 Attained.
Sutter Buttes..................... 0.070 Attained.
Tuolumne County................... 0.070 Attained.
Tuscan Buttes..................... 0.070 Attained.
------------------------------------------------------------------------
\a\ The data shown exclude exceedances due to exceptional events.
\b\ The average percent completeness for one of the monitors in Butte
County, located in Paradise, CA, is 88 percent due to a power loss
caused by regional California wildfires. Per 40 CFR part 50, appendix
U, 4(c) the California Air Resources Board (CARB) submitted a request
to the Regional Administrator for Region 9 to count missing data for
79 days between November 8, 2018, and January 25, 2019, towards the
minimum data completeness requirements. This request was approved and
results in data completeness over 90 percent on average over the three-
year period of 2018-2020 for the site; therefore, this design value is
considered valid. For more information regarding the Paradise monitor
data certification and the state's request, see the Technical Support
Document for the proposed action and data certification letters
included in the docket.
In our proposed rule, we also proposed to determine that, if the
proposed determinations of attainment by the attainment date were
finalized for the Ventura County and Western Nevada County
nonattainment areas, then the requirement for the State to have
contingency measures for failure to meet RFP and failure to attain for
the 2008 ozone NAAQS would no longer apply, because contingency
measures would never be needed given the attainment of the NAAQS by the
attainment date (see section II.D of the proposed rule).
Our proposed rule includes additional information about ozone air
pollution, the NAAQS, and the statutory and regulatory bases for making
these proposed determinations of attainment. Our proposed rule and the
Technical Support Document (TSD) accompanying the proposed rule also
include additional information about the relevant nonattainment areas,
information about areas of Indian Country within the nonattainment
areas, and additional information about the data considered for this
action.
II. Public Comment Period and Final Action
The public comment period for the EPA's July 14, 2022 proposal
closed on August 15, 2022. We received no comments on our proposal.
Pursuant to section 181(b)(2)(A) of the CAA and 40 CFR 51.1303, the
EPA is making final determinations that the Serious nonattainment areas
listed in Table 1 attained the 2008 ozone NAAQS by the applicable
attainment date of July 20, 2021, and the Marginal nonattainment areas
listed in Table 2 attained the 2015 ozone NAAQS by the applicable
attainment date of August 3, 2021. Once effective, this final action
satisfies the EPA's obligation pursuant to CAA section 181(b)(2)(A) to
determine, based on an area's air quality as of the attainment date,
whether the area attained the standard by the applicable attainment
date. This determination also establishes that, in
[[Page 63700]]
accordance with CAA section 181(b)(2)(A), the area will not be
reclassified for failure to attain by the applicable attainment date.
The EPA is also making a final determination that the requirement
for the Western Nevada County and Ventura nonattainment areas to have
contingency measures for failure to meet RFP and failure to attain the
2008 ozone NAAQS by the attainment date no longer applies, because
contingency measures can never be triggered given the attainment of the
NAAQS by the attainment date. This finding will not prevent the EPA, in
the event that an area subsequently violates the NAAQS, from exercising
its authority under the CAA to address violations of the NAAQS.\3\ Our
proposed rule has more information about the EPA's rationale for these
actions.
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\3\ See Bahr v Regan, 6 F.4th 1059, 1085 (9th Cir. 2021); see
also 42 U.S.C. 7407(d)(3).
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These determinations of attainment do not constitute a
redesignation to attainment under CAA section 107(d)(3). The EPA may
redesignate an area if a state meets additional statutory criteria,
including the EPA approval of a state plan demonstrating maintenance of
the air quality standard for 10 years after redesignation, as required
under CAA section 175A. As for all NAAQS, the EPA is committed to
working with states that choose to submit redesignation requests for
areas that are attaining the 2008 and 2015 ozone NAAQS.
III. Summary of Final Action
For the reasons set forth in our proposed rule and summarized in
this document, we are determining that:
The Ventura County and Western Nevada County nonattainment
areas attained the 2008 ozone NAAQS by the July 20, 2021 attainment
date;
The Butte County, Calaveras County, Eastern San Luis
Obispo County, Sutter Buttes, Tuolumne County, and Tuscan Buttes
nonattainment areas attained the 2015 ozone NAAQS by the August 3, 2021
attainment date; and
The CAA requirement for the SIP to provide for contingency
measures for attainment and RFP will no longer apply to the Ventura
County and Western Nevada County nonattainment areas for the 2008 ozone
NAAQS.
As noted in section II of this document, we are not taking action
to redesignate any area to attainment. The EPA would consider a
redesignation to attainment for these areas following a submittal by
the State of a formal redesignation request and maintenance plan.
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866, Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This rule does not impose any new information collection burden
under the PRA not already approved by the OMB.
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.
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. 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, tribes, or the relationship
between the National Government and the states and tribes, or on the
distribution of power and responsibilities among the various levels of
government.
F. Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' ``Policies that
have tribal implications'' is defined in the Executive order to include
regulations that have ``substantial direct effects on one or more
Indian tribes, on the relationship between the Federal government and
the Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian Tribes.''
The EPA has identified tribal areas within three of the
nonattainment areas covered by this action, that would be potentially
affected by this action. Specifically, the Butte County, Calaveras
County, and Tuolumne County nonattainment areas addressed in this
action include areas of Indian country located within the nonattainment
area boundaries. A full list of tribes in these nonattainment areas is
found in section I.D of the proposed action and in the TSD accompanying
the proposed action.
The EPA has concluded that this action may have tribal implications
for these tribes for the purposes of Executive Order 13175, but would
not impose substantial direct costs upon the tribes, nor would it
preempt tribal law. The determinations we are finalizing in this rule
apply throughout the nonattainment area, including on tribal lands
within the nonattainment areas. As noted in our proposed rule, and in
section II of this document, the nonattainment areas, including the
tribal lands within the nonattainment areas, will remain designated
nonattainment and will retain their existing classifications.
At the time of our proposed action, the EPA notified the tribes
located within the boundaries of the nonattainment areas addressed in
this action, and we plan to notify them of this final action. Because
this action did not change the tribe's existing nonattainment
designation or classification, we did not offer government-to-
government consultation on our proposed action, however, as stated in
our proposed action, the EPA would initiate government-to-government
consultation at the request of any tribe. The EPA did not receive any
requests for consultation on this action.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
[[Page 63701]]
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population
CAA 181(b)(2)(A) directs the Administrator to determine, within 6
months following the applicable attainment date, and based on the
area's design value as of the attainment date, whether the area
attained the standard by that date. There is no information in the
record indicating that this action would be inconsistent with the
stated goals of Executive Order 12898 of achieving environmental
justice for people of color, low-income populations, and indigenous
peoples.
K. Congressional Review Act (CRA)
This rule is exempt from the CRA because it is a rule of particular
applicability. The rule makes factual determinations for specific
entities and does not directly regulate any entities. The determination
of attainment by the attainment date does not in itself create any new
requirements beyond what is mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 19, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Administrative practice and procedure,
Air pollution control, Designations and classifications, Incorporation
by reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, part 52, chapter 1, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.282 is amended by adding paragraph (n) to read as
follows:
Sec. 52.282 Control strategy and regulations: Ozone.
* * * * *
(n) Determinations of attainment by the attainment date. Effective
November 21, 2022.
(1) Determinations of attainment by the attainment date. The EPA
has determined that the Nevada County (Western part) and Ventura County
Serious nonattainment areas in California attained the 2008 8-hour
ozone National Ambient Air Quality Standards (NAAQS) by the applicable
attainment date of July 20, 2021, based upon complete, quality-assured
and certified data for the calendar years 2018-2020.
(2) Determinations of attainment by the attainment date. The EPA
has determined that the Butte County, Calaveras County, San Luis Obispo
(Eastern part), Sutter Buttes, Tuolumne County, and Tuscan Buttes
Marginal nonattainment areas in California attained the 2015 8-hour
ozone National Ambient Air Quality Standards (NAAQS) by the applicable
attainment date of August 3, 2021, based upon complete, quality-assured
and certified data for the calendar years 2018-2020.
[FR Doc. 2022-22192 Filed 10-19-22; 8:45 am]
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