
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Proposed Rules]
[Pages 91088-91097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30174]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-HQ-OAR-2016-0515; FRL-9956-20-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
determinations of attainment by the attainment date and determinations 
of failure to attain by the attainment date for eleven 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 proposing to determine 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 2013-2015. The EPA is also proposing to determine 
that four areas failed to attain the 2006 24-hour PM2.5 
NAAQS by December 31, 2015. Upon finalization of such determinations of 
failure to timely attain the NAAQS, these four areas will be 
reclassified as ``Serious'' for the 2006 24-hour PM2.5 NAAQS 
by operation of law. Within 18 months from the effective date of 
reclassification, or 2 years before the applicable Serious area 
attainment date, whichever is earlier, states with jurisdiction over 
these areas must submit State Implementation Plan (SIP) revisions that 
comply with the statutory and regulatory requirements for Serious 
PM2.5 nonattainment areas.

DATES: Comments must be received on or before January 17, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2016-0515, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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: This preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for the EPA?
    C. Where can I get a copy of this document and other related 
information?
    D. What information should I know about a possible public 
hearing?
II. Summary of Proposal and Background
    A. Summary of Proposal
    B. What is the background for this proposed action?
III. Criteria for Determining Whether an Area Has Attained the 2006 
24-Hour PM2.5 Standards
IV. The EPA's Proposed Action and Associated Rationale
    A. Determinations of Attainment
    B. Determinations of Failure To Attain and Reclassification
V. Summary of Proposed Actions
VI. 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 (URMA)
    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
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include states 
(typically state air pollution control agencies) and, in some cases, 
tribal governments. In particular, seven states \1\ with one or more 
areas designated nonattainment and classified as ``Moderate'' for the 
2006 24-hour PM2.5 NAAQS are affected by this action. 
Entities potentially affected indirectly by this proposal 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 fine 
particulate levels within the designated nonattainment areas the EPA is 
addressing in this action.
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    \1\ Alaska, Arizona, California, Idaho, Pennsylvania, Tennessee 
and Utah.
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B. What should I consider as I prepare my comments for the EPA?

    1. Submitting CBI. Do not submit this information to the EPA 
through http://www.regulations.gov or email. Clearly mark the part or 
all of the information that you claim to be confidential business 
information (CBI). For CBI information in a disk or CD-ROM that you 
mail to the EPA, mark the outside of the disk or CD-ROM as CBI and then 
identify electronically within the disk or CD-ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes information claimed as CBI, a copy of the 
comment that does not contain the information claimed to be CBI must be 
submitted for inclusion in the public docket. Information so marked 
will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.

[[Page 91089]]

     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

C. 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.

D. What information should I know about a possible public hearing?

    To request a public hearing or information pertaining to a public 
hearing on this document, contact Ms. Pamela Long at (919) 541-0641 
before 5 p.m. on January 3, 2017. If requested, further details 
concerning a public hearing for this proposed rule will be published in 
a separate Federal Register notice. For updates and additional 
information on a public hearing, please check the EPA's Web site for 
this rulemaking at https://www.epa.gov/pm-pollution/particulate-matter-pm-implementation-regulatory-actions.

II. Summary of Proposal and Background

A. Summary of Proposal

    Clean Air Act (CAA) section 188(b)(2) requires the EPA to determine 
whether any PM2.5 nonattainment area classified as 
``Moderate'' attained the relevant PM2.5 standard by the 
area's attainment date, and requires EPA to make such determination 
within 6 months after that date.\2\ The CAA requires that a Moderate 
area that has not attained the standard by the relevant attainment date 
be reclassified to ``Serious.'' The 2006 24-hour PM2.5 NAAQS 
are met when the 24-hour PM2.5 NAAQS design value at each 
eligible monitoring site is less than or equal to 35 micrograms per 
cubic meter ([micro]g/m\3\), as explained in Section III of this 
rulemaking action.
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    \2\ An area's highest 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 each eligible monitoring site (40 
CFR part 50, Appendix N, 1.0(c)(2)).
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    In this notice, the EPA is proposing to find that seven Moderate 
areas attained the 2006 24-hour PM2.5 NAAQS by December 31, 
2015, which is the applicable attainment date for these areas. This 
finding is based on complete, quality-assured and certified 
PM2.5 monitoring data for the 3-year period of 2013-2015.\3\ 
The seven areas are: (1) Chico, California; (2) Imperial County, 
California; \4\ (3) Knoxville-Sevierville-La Follette, Tennessee; (4) 
Liberty-Clairton, Pennsylvania; (5) Nogales, Arizona; (6) Sacramento, 
California; and, (7) San Francisco Bay Area, California. The EPA is 
also proposing to find that four Moderate areas 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. As required by CAA section 188(b)(2), upon 
finalization of the EPA's determinations that these areas failed to 
attain, these four areas will be reclassified to Serious by operation 
of law and will be subject to all applicable Serious area attainment 
planning and nonattainment New Source Review (NNSR) requirements. 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), a 
state is required to make a SIP submission to address the statutory and 
regulatory requirements for any newly reclassified Serious area within 
18 months from the effective date of reclassification, or 2 years 
before the attainment date, whichever is earlier, and will be required 
to demonstrate that the area will attain the standard as expeditiously 
as practicable, but in this case no later than December 31, 2019, which 
is the end of the tenth calendar year following the effective date of 
designation of the area.
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    \3\ According to 40 CFR part 50, Appendix N, 3.0(a), ``data not 
certified by the reporting organization can nevertheless be used, if 
the deadline for certification has passed and EPA judges the data to 
be complete and accurate.''
    \4\ The EPA notes that 2013-2015 monitoring data indicate that 
the Imperial County, California nonattainment area has attained the 
2006 24-hour PM2.5 NAAQS. Prior to 2013, the EPA 
requested that the California Air Resources Board and Imperial 
County Air Pollution Control District increase sampling frequency at 
the monitor from 1 in 3 days to daily, but CARB and ICAPCD did not 
start daily sampling until 2014. This does not affect the validity 
of the design value because daily sampling was not required under 
the monitoring regulations that applied at the time. Further, a 
separate calculation based on daily sampling data collected in 2013 
at a collocated non-regulatory monitor yields a similar 98th 
percentile value for 2013 as the primary regulatory monitor. See 
Memo from Michael Flagg, U.S. EPA, Region IX, Air Quality Analysis 
Office, ``Implementation of PM2.5 sampling frequency 
requirements in Imperial County,'' November 1, 2016. This memo is 
within the rulemaking docket.
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    The EPA also notes that CAA section 188(d) provides a mechanism by 
which a state may request, and the EPA may grant, a 1-year extension of 
an area's attainment date if the state meets certain criteria. While 
the state of Idaho submitted a request for a 1-year attainment date 
extension for the Logan, Utah-Idaho multi-state nonattainment area, the 
agency has determined that the state did not meet the criteria for a 
Moderate area 1-year attainment date extension provided in CAA section 
188(d), as explained more fully later. Accordingly, the EPA is 
including the Logan, Utah-Idaho nonattainment area in its list of areas 
for a proposed finding of failure to attain by December 31, 2015.
    Table 1 provides a summary of the EPA's proposed findings that 
would apply to these eleven areas.

     Table 1--2006 24-Hour PM2.5 NAAQS: Summary of Proposed Findings for Eleven Moderate Nonattainment Areas
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                                                   2013-2015
  2006 24-hour PM2.5 NAAQS nonattainment area    Design value
                                                  ([micro]g/             2006 24-hour PM2.5 NAAQS status
                                                     m\3\)
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Chico, California.............................              29  Attained.
Fairbanks, Alaska.............................             124  Did not attain.
Imperial County, California...................              33  Attained.
Knoxville-Sevierville-La Follette, Tennessee..              20  Attained.
Liberty-Clairton, Pennsylvania................              33  Attained.

[[Page 91090]]

 
Logan, Utah-Idaho.............................            * 50  Did not attain.
Nogales, Arizona..............................              28  Attained.
Provo, Utah...................................            * 49  Did not attain.
Sacramento, California........................              35  Attained.
Salt Lake City, Utah..........................            * 45  Did not attain.
San Francisco Bay Area, California............              30  Attained.
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* Data submitted to the EPA's National Air Quality System (AQS) by the Utah Department of Environmental Quality
  for the period 2013-2015 are incomplete, meaning there are fewer than 75 percent of the necessary data
  required for completion. However, the valid data provided by the state and submitted to AQS for 2013-2015 show
  a design value greater than 35 [micro]g/m\3\. The EPA's regulations governing the use of air quality data for
  regulatory purposes, located at 40 CFR part 50, Appendix N 4.2(b), specify that 24-hour PM2.5 design values
  derived from less than complete data are valid if greater than the level of the standard. The EPA is thus
  basing this proposal on its determination that sufficient data exist to make findings of failure to attain and
  reclassifications for all Utah nonattainment areas. The EPA calculated the design values for these areas using
  the available PM2.5 Federal Reference Method (FRM) data in AQS as of September 21, 2016. These design values
  may change as data validation efforts to include additional monitoring data are completed by Utah. A memo
  describing the agency's treatment of these data, titled ``Utah PM2.5 2013-2015 24-hour Design Concentrations
  Memo,'' is included in the docket for this rulemaking.

B. What is the background for this proposed action?

    This proposed action relates to the ongoing efforts of states and 
the EPA to implement the PM2.5 NAAQS. Since the EPA's 
initial promulgation of the NAAQS to address fine particles, there have 
been significant rulemaking and litigation developments that affect 
these ongoing efforts. In order to clarify the proper application of 
the statutory and regulatory requirements to this action, the EPA is 
providing a fuller explanation of the evolving implementation efforts.
    On July 18, 1997, the EPA established the first NAAQS for 
PM2.5 (the 1997 PM2.5 NAAQS), including an annual 
standard of 15.0 [micro]g/m\3\ based on a 3-year average of annual mean 
PM2.5 concentrations, and a 24-hour (or daily) standard of 
65 [micro]g/m\3\ based on a 3-year average of the 98th percentile of 
24-hour concentrations (62 FR 38652). The EPA established the 1997 
PM2.5 NAAQS based on significant evidence and numerous 
health studies demonstrating the serious health effects associated with 
exposures to PM2.5. To provide guidance on the CAA 
requirements for state and tribal implementation plans to implement the 
1997 PM2.5 NAAQS, the EPA promulgated the ``Final Clean Air 
Fine Particle Implementation Rule'' (72 FR 20586, April 25, 2007) 
(hereinafter, the ``2007 PM2.5 Implementation Rule''). The 
Natural Resources Defense Council (NRDC) subsequently filed a petition 
for review challenging certain aspects of this rule.
    On October 17, 2006, the EPA strengthened the 24-hour 
PM2.5 NAAQS by revising it to 35 [micro]g/m\3\ and retained 
the level of the annual PM2.5 standard at 15.0 [micro]g/m\3\ 
(71 FR 61144). Following promulgation of a new or revised NAAQS, the 
EPA is required by the CAA to promulgate designations for areas 
throughout the U.S. in accordance with section 107(d)(1) of the CAA. On 
November 13, 2009, the EPA designated 31 areas across the U.S. with 
respect to the revised 2006 24-hour PM2.5 NAAQS (74 FR 
58688), requiring states to prepare and submit attainment plans to meet 
those NAAQS. At the time of those designations, the states and the EPA 
were operating under the interpretations of the CAA set forth in the 
2007 PM2.5 Implementation Rule, which covered issues such as 
the timing of attainment plan submissions, the content of attainment 
plan submissions, and the relevant attainment dates.
    On March 2, 2012, the EPA issued its ``Implementation Guidance for 
the 2006 Fine Particulate (PM2.5) National Ambient Air 
Quality Standards (NAAQS)'' to provide guidance to states on the 
development of attainment plans to demonstrate attainment with the 2006 
24-hour PM2.5 NAAQS (``March 2012 Implementation 
Guidance''). This guidance largely instructed states to rely on the 
2007 PM2.5 Implementation Rule in developing SIPs to 
demonstrate attainment of the 2006 24-hour PM2.5 NAAQS.
    On January 4, 2013, the U.S. Court of Appeals for the D.C. Circuit 
issued its decision with regard to the challenge by the NRDC to the 
EPA's 2007 PM2.5 Implementation Rule. In NRDC v. EPA,\5\ the 
court held that the EPA erred in implementing the 1997 PM2.5 
NAAQS pursuant only to the general implementation requirements of 
subpart 1, rather than also to the implementation requirements specific 
to particulate matter (PM10) in subpart 4, part D of title I 
of the CAA (``subpart 4''). The court reasoned that the plain meaning 
of the CAA requires implementation of the 1997 PM2.5 NAAQS 
under subpart 4 because PM2.5 particles fall within the 
statutory definition of PM10 and thus implementation of the 
PM2.5 NAAQS is subject to the same statutory requirements as 
the PM10 NAAQS. The court remanded the rule and instructed 
the EPA ``to repromulgate these rules pursuant to Subpart 4 consistent 
with this opinion.'' \6\
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    \5\ NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013).
    \6\ Id., 706 F.3d at 437.
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    As a result of the NRDC v. EPA decision, the EPA withdrew its March 
2012 Implementation Guidance for implementation of the 2006 24-hour 
PM2.5 NAAQS. In so doing, the EPA advised states that the 
statutory requirements of subpart 4 apply to attainment plans for these 
NAAQS and reminded the states about pre-existing EPA guidance regarding 
the subpart 4 requirements. One practical consequence of the 
application of subpart 4 to states with areas designated nonattainment 
for the 2006 24-hour PM2.5 NAAQS is that the applicable 
statutory attainment date is governed by CAA section 188(c), which 
states that for areas classified as Moderate, the statutory attainment 
date is ``as expeditiously as practicable, but no later than the end of 
the sixth calendar year after the area's designation as 
nonattainment.'' Thus, for the areas at issue in this action, the 
latest possible statutory Moderate area attainment date was December 
31, 2015.
    Consistent with the NRDC v. EPA decision, the EPA published a final 
rule on June 2, 2014, classifying all areas that were designated 
nonattainment for the 1997 and/or 2006 PM2.5 standards at 
the time as ``Moderate'' under subpart 4.

[[Page 91091]]

The EPA also established a due date of December 31, 2014, for states to 
submit attainment-related and NNSR SIP elements required for these 
areas pursuant to subpart 4. This rulemaking did not affect the 
statutory attainment dates imposed in subpart 4 and merely provided 
states with the opportunity to update or revise any prior attainment 
plan submissions, if necessary, to meet subpart 4 requirements in light 
of the 2013 court decision. This rulemaking did not affect any action 
that the EPA had previously taken under CAA section 110(k) on a SIP for 
a PM2.5 nonattainment area.
    Currently, there are 14 nonattainment areas classified as Moderate 
for the 2006 24-hour PM2.5 NAAQS, 11 of which are addressed 
in this notice.\7\ The applicable statutory attainment date for these 
areas was as expeditiously as practicable but no later than December 
31, 2015. Pursuant to section 188(b)(2) of the CAA, within 6 months of 
the Moderate area attainment date, the EPA must (1) determine whether 
each area attained the standard by the attainment date, and (2) 
reclassify as a Serious nonattainment area any area that did not attain 
by the attainment date.
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    \7\ The three areas not addressed in this action are Klamath 
Falls, Oregon; Oakridge, Oregon; and, West Central Pinal, Arizona. 
The EPA issued a determination of attainment by the attainment date 
of December 31, 2014, for Klamath Falls, Oregon, on June 6, 2016 
(See 81 FR 36176). The EPA issued a 1-year attainment date extension 
from December 31, 2015, to December 31, 2016, for Oakridge, Oregon. 
See 81 FR 46612, July 18, 2016. The EPA designation for the West 
Central Pinal, Arizona area as nonattainment became effective March 
7, 2011. See 76 FR 6056, February 3, 2011. Therefore, the latest 
attainment date applicable to this area under subpart 4 is December 
31, 2017.
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III. Criteria for Determining Whether an Area Has Attained the 2006 24-
Hour PM2.5 Standards

    Under EPA regulations at 40 CFR part 50, Appendix N, the 2006 
primary and secondary 24-hour PM2.5 NAAQS are met within a 
nonattainment area when the 24-hour PM2.5 NAAQS design value 
at each eligible monitoring site is less than or equal to 35 [micro]g/
m\3\. Three years of valid annual PM2.5 98th percentile mass 
concentrations are required to produce a valid 24-hour PM2.5 
NAAQS design value.
    The EPA's determination of attainment is based upon data that have 
been collected and quality-assured in accordance with 40 CFR part 58 
and recorded in the EPA's AQS database. Ambient air quality monitoring 
data for the 3-year period must meet data completion criteria or data 
substitution criteria according to 40 CFR part 50, Appendix N. The 
ambient air quality monitoring data completeness requirements are met 
when quarterly data capture rates for all four quarters in a calendar 
year are at least 75 percent. However, Appendix N states that years 
shall be considered valid, notwithstanding quarters with less than 
complete data, if the resulting annual 98th percentile value or 
resulting 24-hour NAAQS design value is greater than the level of the 
standard.

IV. The EPA's Proposed Action and Associated Rationale

    The EPA is issuing this proposal pursuant to the agency's statutory 
obligation under CAA section 188(b)(2) to determine whether 11 
nonattainment areas have attained the 2006 24-hour PM2.5 
NAAQS by December 31, 2015. The agency's proposed actions, and the 
rationale for these proposed actions, are described in the sections 
that follow.

A. Determinations of Attainment

    The EPA evaluated data from air quality monitors in 11 areas 
classified as Moderate for the 2006 24-hour PM2.5 NAAQS in 
order to determine the areas' attainment status as of the applicable 
attainment date, December 31, 2015. Seven of the 11 nonattainment 
areas' monitoring sites with valid data had a design value equal to or 
less than 35 [micro]g/m\3\ based on the 2013-2015 monitoring period. 
Thus, the EPA proposes to determine, in accordance with section 
188(b)(2) of the CAA, that these seven areas (listed in Table 1) have 
attained the standard by the applicable attainment date. The EPA's 
determination is based upon 3 years' worth of complete, quality-assured 
and certified data during the applicable 3-year period. 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 proposed action.\8\ Also, the EPA notes that these 
determinations of attainment do not constitute a redesignation to 
attainment. Redesignations require states to meet a number of 
additional statutory criteria, including the EPA approval of a state 
plan demonstrating maintenance of the air quality standard for 10 years 
after redesignation. As for all NAAQS, the EPA is committed to working 
with states that choose to submit redesignation requests for the 2006 
24-hour PM2.5 NAAQS. The EPA is soliciting comments on these 
proposed determinations of attainment by the attainment date.
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    \8\ 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.
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B. Determinations of Failure To Attain and Reclassification

    The EPA is proposing to determine that the remaining four areas 
(listed in Table 1) failed to attain the 2006 24-hour PM2.5 
NAAQS by the applicable attainment date. Each of these areas failed to 
attain because the 2013-2015 design value for at least one monitor in 
each area exceeded the 2006 24-hour PM2.5 NAAQS of 35 
[micro]g/m\3\. The TSD provided in the docket shows all monitoring data 
for the relevant years for each of these nonattainment areas as well as 
the 3-year design value calculations for each area.
    CAA section 188(b)(2) provides that a Moderate nonattainment area 
shall be reclassified by operation of law upon a determination by the 
EPA that such area failed to attain the relevant NAAQS by the 
applicable attainment date. Based on quality-assured PM2.5 
monitoring data from 2013-2015, described in the TSD for this proposal, 
the new classification applicable to each of these four areas would be 
``Serious.'' Serious PM2.5 nonattainment areas are required 
to attain the standard as expeditiously as practicable, but no later 
than the end of the tenth year after designation (which, in the case of 
these four areas, is December 31, 2019).
    Section 188(d) of the CAA states that the Administrator may extend 
the attainment date for 1 additional year if: ``(1) the State has 
complied with all requirements and commitments pertaining to the area 
in the applicable implementation plan and (2) no more than one 
exceedance of the 24-hour NAAQS for PM10 has occurred in the 
area in the year preceding the Extension Year, and the annual mean 
concentration of PM10 in the area for such year is less than 
or equal to the standard level.'' \9\ The state of Idaho submitted two 
letters \10\ to the EPA

[[Page 91092]]

requesting a 1-year extension of the area's Moderate attainment date 
for its portion of the Logan, UT-ID multi-state nonattainment area, 
asserting that the state has complied with all requirements and 
commitments pertaining to the Logan, Utah-Idaho nonattainment area in 
the applicable Idaho SIP and that all monitors in the area have a 98th 
percentile of 35 [micro]g/m\3\ or less for the attainment year (2015). 
These letters are provided in the docket for this proposed action.
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    \9\ Consistent with the January 2013 NRDC v. EPA decision, the 
EPA reads the air quality criterion under CAA 188(d) for 
PM10 to also apply to PM2.5. The form of the 
2006 24-hour PM2.5 NAAQS is a percentile-based form and 
not a ``one expected exceedance'' form as is the PM10 
NAAQS. The EPA interprets the statutory language to require a state 
seeking an attainment date extension for a Moderate nonattainment 
area for a 24-hour PM2.5 NAAQS to demonstrate that the 
area had clean data for that particular standard in the calendar 
year prior to the applicable attainment date for the area, rather 
than demonstrating that the area necessarily had no more than one 
exceedance of the 24-hour PM2.5 NAAQS.
    \10\ See Letters from John H. Tippets, Director, Department of 
Environmental Quality, state of Idaho, to Dennis J. McLerran, 
Regional Administrator, U.S. EPA, Region 10, on December 15, 2015 
and February 26, 2016, regarding a 1-year extension of the 
attainment date for the Logan UT-ID nonattainment area. Copies of 
these letters are available in the docket for this rulemaking.
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    CAA section 188(d)(2) air quality criterion requiring the area to 
meet the applicable NAAQS in the year preceding the extension year 
applies to ``the area'' which, in the case of the Logan, Utah-Idaho, 
nonattainment area, includes regulatory monitors in both Franklin, 
Idaho, and Logan, Utah. In other words, the reference to ``the area'' 
is to the entire designated nonattainment area, not merely to a portion 
of it in one state. However, in its request, Idaho acknowledges that, 
``. . . the validity of the Logan, Utah, monitor data is in question. 
Therefore, the Franklin monitor is the only regulatory monitor 
available for use in the (nonattainment area).'' Idaho's submission 
attempts to address concerns about the regulatory suitability of the 
Utah monitor with a statistical comparison of monitors in Utah and 
Idaho based on historical data.
    Because there are data completeness issues for the Utah monitoring 
sites in question for the first three quarters of 2015, the 
nonattainment area as a whole lacks the necessary data for the EPA to 
determine that the air quality criterion has been satisfied for the 
entire nonattainment area. Moreover, because the historically high 
monitor is located on the Utah portion of the multi-state nonattainment 
area, as acknowledged by Idaho, the EPA believes that it is necessary 
to have complete data from the Utah monitor in order to determine 
whether the entire nonattainment area has a 98th percentile of 35 
[micro]g/m\3\ or less for the year prior to the attainment date (i.e., 
2015).
    Further, with respect to the 2015 monitoring data for the Franklin 
monitor, the EPA determined in 2015 that temperature and relative 
humidity data for the FRM filter laboratory were not being archived as 
required by the Idaho Quality Assurance Plan and EPA regulations. The 
EPA's audit \11\ concluded that, due to this lack of laboratory data, 
FRM filter weight determinations and the resulting FRM concentration 
data cannot be confirmed to meet data quality objectives. Idaho 
concurred with this finding and subsequently changed the status of the 
affected data for 2011-2014 in AQS to ``non-regulatory.'' The EPA 
therefore cannot confirm the accuracy of the monitoring data cited in 
Idaho's request.
---------------------------------------------------------------------------

    \11\ See ``Final Technical Systems Audit Report for the Idaho 
Department of Environmental Quality,'' January 16, 2015. This report 
is within the rulemaking docket.
---------------------------------------------------------------------------

    The EPA has thus evaluated the information submitted by Idaho for 
its portion of the nonattainment area and the relevant monitoring data 
for the entire area for calendar year 2015 and has determined that the 
area does not meet the air quality criterion for a 1-year extension to 
the CAA section 188(c)(1) Moderate area attainment date. Given the lack 
of complete and valid data from Utah, and the lack of valid, historical 
data from Idaho, the EPA is unable to determine whether the entire 
nonattainment area has a 98th percentile of 35 [mu]g/m\3\ or less for 
the year preceding the extension year. Therefore, the EPA has 
determined that Idaho's request for a 1-year extension to the Moderate 
attainment date for the Idaho portion of the Logan, Utah-Idaho 
nonattainment area should be denied, and is instead proposing to 
determine that the Logan, Utah-Idaho nonattainment area failed to 
attain the 2006 24-hour PM2.5 NAAQS by the applicable 
attainment date.
    If the EPA determines that an area has failed to attain by its 
attainment date, CAA section 188(b)(2) requires that those areas be 
reclassified to Serious as of the time that the EPA publishes the 
notice identifying the areas that have failed to attain by their 
attainment date. Accordingly, the EPA is proposing that the following 
four Moderate areas failed to attain the 2006 24-hour PM2.5 
NAAQS by December 31, 2015, and will be reclassified to Serious: 
Fairbanks, Alaska; Logan Utah-Idaho; Provo, Utah and Salt Lake City, 
Utah. The EPA is taking comment on these proposed determinations of 
failure to attain and subsequent reclassifications of each of these 
four nonattainment areas from Moderate to Serious.

V. Summary of Proposed Actions

    The actions proposed in this notice affect 11 nonattainment areas 
for the 2006 24-hour PM2.5 NAAQS currently classified as 
Moderate. The EPA is proposing to determine that the following seven 
areas attained the NAAQS by the applicable attainment date of December 
31, 2015: (1) Chico, CA; (2) Imperial County, CA; (3) Knoxville-
Sevierville-La Follette, TN; (4) Liberty-Clairton, PA; (5) Nogales, AZ; 
(6) San Francisco, CA and (7) Sacramento, CA. The EPA is also proposing 
to determine that the following four Moderate areas failed to attain 
the 2006 PM2.5 NAAQS by the December 31, 2015, attainment 
date and thus will be reclassified to Serious: (1) Fairbanks, AK; (2) 
Logan UT-ID; (3) Provo, UT; and, (4) Salt Lake City, UT. The EPA is 
taking comment on these proposed determinations of attainment by the 
attainment date.

VI. 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 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 an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This proposed action to find that the 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.

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 of attainment and the resulting reclassification of 
nonattainment areas by operation of law under section 188(b)(2) of the 
CAA do not in and of themselves create any new requirements. Instead, 
this rulemaking only makes a factual determination, 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 the finding of nonattainment is a factual determination 
based upon air quality considerations and that the resulting 
reclassification of an area and the associated required revisions to 
state

[[Page 91093]]

implementation plans 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. This 
action merely proposes to determine 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 to reclassify as ``Serious'' the 2006 24-hour PM2.5 
nonattainment 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 implicated in the four areas 
that the EPA is proposing to find 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 the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action merely proposes to determine that four 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 to reclassify these areas 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 proposes to determine that four 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 
to reclassify these areas 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 proposes to determine that four 2006 24-hour 
PM2.5 nonattainment areas identified in Table 1, did not 
attain by the applicable attainment date and to reclassify these 
nonattainment areas as Serious PM2.5 nonattainment areas.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen oxides, 
Fine particulate matter, Ammonia, Sulfur dioxides, Volatile organic 
compounds, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

40 CFR 81

    Environmental protection, Air pollution control, Nitrogen oxides, 
Fine particulate matter, Ammonia, Sulfur dioxides, Volatile organic 
compounds, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 1, 2016.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, Title 40, Chapter I of the 
Code of Federal Regulations is proposed 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 [DATE 30 DAYS AFTER DATE 
OF PUBLICATION IN THE FEDERAL REGISTER], the EPA has determined that, 
based on 2013-2015 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 (i), (j), (k) and (l) 
to read as follows:


Sec.  52.247  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (i) Determination of Attainment. Effective [DATE 30 DAYS AFTER DATE 
OF PUBLICATION PUBLICATION IN THE FEDERAL REGISTER], the EPA has 
determined that, based on 2013-2015 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).
    (j) Determination of Attainment. Effective [DATE 30 DAYS AFTER DATE 
OF PUBLICATION PUBLICATION IN THE FEDERAL REGISTER], the EPA has 
determined that, based on 2013-2015 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

[[Page 91094]]

be reclassified for failure to attain by its applicable attainment date 
under section 188(b)(2).
    (k) Determination of Attainment. Effective [DATE 30 DAYS AFTER DATE 
OF PUBLICATION IN THE FEDERAL REGISTER], the EPA has determined that, 
based on 2013-2015 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).
    (l) Determination of Attainment. Effective [DATE 30 DAYS AFTER DATE 
OF PUBLICATION IN THE FEDERAL REGISTER], the EPA has determined that, 
based on 2013-2015 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 (u) to read as 
follows:


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (u) Determination of Attainment. Effective [DATE 30 DAYS AFTER DATE 
OF PUBLICATION IN THE FEDERAL REGISTER], the EPA has determined that, 
based on 2013-2015 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:


Sec.  52.2231  Control strategy: Sulfur oxides and particulate matter.

* * * * *
    (f) Determination of Attainment. Effective [DATE 30 DAYS AFTER DATE 
OF PUBLICATION IN THE FEDERAL REGISTER], the EPA has determined that, 
based on 2013-2015 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 for ``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.......  [DATE 30 DAYS AFTER   Serious.
     (part).                                                           PUBLICATION IN THE
                                                                       FEDERAL REGISTER].
        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.


[[Page 91095]]

* * * * *
0
8. Section 81.313 is amended in the table for ``Idaho--2006 24-Hour 
PM2.5 NAAQS (Primary and secondary)'' by revising the 
entries for ``Franklin County, ID'' to read as follows:


Sec.  81.313  Idaho.

* * * * *

                                         Idaho--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                              Designation \a\                        Classification
          Designated area           ----------------------------------------------------------------------------
                                       Date \1\           Type                Date \2\               Type
----------------------------------------------------------------------------------------------------------------
Logan, UT-ID:                        ...........                                             ...................
    Franklin County (part).........  ...........  Nonattainment.......  [DATE 30 DAYS AFTER  Serious.
                                                                         PUBLICATION IN THE
                                                                         FEDERAL REGISTER].
        Begin in the bottom left     ...........                                             ...................
         corner (southwest) of the
         nonattainment area
         boundary, southwest corner
         of the PLSS-Boise
         Meridian, Township 16
         South, Range 37 East,
         Section 25. The boundary
         then proceeds north to the
         northwest corner of
         Township 15 South, Range
         37 East, Section 25; then
         the boundary proceeds east
         to the southeast corner of
         Township 15 South, Range
         38 East, Section 19; then
         north to the Franklin
         County boundary at the
         northwest corner of
         Township 13 South, Range
         38 East, Section 20. From
         this point the boundary
         proceeds east 3.5 sections
         along the northern border
         of the county boundary
         where it then turns south
         2 sections, and then
         proceeds east 5 more
         sections, and then north 2
         sections more. At this
         point, the boundary leaves
         the county boundary and
         proceeds east at the
         southeast corner of
         Township 13 South, Range
         39 East, Section 14; then
         the boundary heads north 2
         sections to northwest
         corner of Township 13
         South, Range 39 east,
         Section 12; then the
         boundary proceeds east 2
         sections to the northeast
         corner of Township 13
         South, Range 40 East,
         Section 7. The boundary
         then proceeds south 2
         sections to the northwest
         corner of Township 13
         South, Range 40 East,
         Section 20; the boundary
         then proceeds east 6
         sections to the northeast
         corner of Township 13
         South, Range 41 East,
         Section 19. The boundary
         then proceeds south 20
         sections to the southeast
         corner of Township 16
         South, Range 41 East,
         Section 30. Finally, the
         boundary is completed as
         it proceeds west 20
         sections along the
         southern Idaho state
         boundary to the southwest
         corner of the Township 16
         South, Range 37 East,
         Section 25.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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
9. Section 81.345 is amended in the table for ``Utah--2006 24-Hour 
PM2.5 NAAQS (Primary and secondary)'' by revising the 
entries for ``Logan, UT-ID,'' ``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
----------------------------------------------------------------------------------------------------------------
Logan, UT-ID:
    Cache County (part)..........  ...........  Nonattainment.......  [DATE 30 DAYS AFTER   Serious.
                                                                       PUBLICATION IN THE
                                                                       FEDERAL REGISTER].
        All portions of Cache
         County west of and
         including any portion of
         the following townships
         located within Utah:
         Township 15 North Range
         1 East; Township 14
         North Range 1 East;
         Township 13 North Range
         1 East; Township 12
         North Range 1 East;
         Township 11 North Range
         1 East; Township 10
         North Range 1 East;
         Township 9 North Range 1
         East.
Provo, UT:
    Utah County (part)...........  ...........  Nonattainment.......  [DATE 30 DAYS AFTER   Serious.
                                                                       PUBLICATION IN THE
                                                                       FEDERAL REGISTER].

[[Page 91096]]

 
        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.......  [DATE 30 DAYS AFTER   Serious.
                                                                       PUBLICATION IN THE
                                                                       FEDERAL REGISTER].
        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.......  [DATE 30 DAYS AFTER   Serious.
                                                                       PUBLICATION IN THE
                                                                       FEDERAL REGISTER].
    Salt Lake County.............  ...........  Nonattainment.......  [DATE 30 DAYS AFTER   Serious.
                                                                       PUBLICATION IN THE
                                                                       FEDERAL REGISTER].
    Tooele County (part).........  ...........  Nonattainment.......  [DATE 30 DAYS AFTER   Serious.
                                                                       PUBLICATION IN THE
                                                                       FEDERAL REGISTER].
        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.......  [DATE 30 DAYS AFTER   Serious.
                                                                       PUBLICATION IN THE
                                                                       FEDERAL REGISTER].

[[Page 91097]]

 
        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. 2016-30174 Filed 12-15-16; 8:45 am]
BILLING CODE 6560-50-P


