
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21711-21717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09391]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-HQ-OAR-2016-0515; FRL-9962-25-OAR]
RIN 2060-AT24


Determinations of Attainment by the Attainment Date, 
Determinations of Failure To Attain by the Attainment Date and 
Reclassification for Certain Nonattainment Areas for the 2006 24-Hour 
Fine Particulate Matter National Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is making final 
determinations of attainment by the attainment date and determinations 
of failure to attain by the attainment date for ten nonattainment areas 
currently classified as ``Moderate'' for the 2006 24-hour fine 
particulate matter (PM2.5) National Ambient Air Quality 
Standards (NAAQS). Specifically, the EPA is determining that seven 
areas attained the 2006 24-hour PM2.5 NAAQS by December 31, 
2015, based on complete, quality-assured and certified PM2.5 
monitoring data for 2013 to 2015. The EPA is also determining that 
three areas failed to attain the 2006 24-hour PM2.5 NAAQS by 
December 31, 2015. Upon the effective date of such determinations of 
failure to attain the NAAQS, these three areas will be reclassified as 
``Serious'' for the 2006 24-hour PM2.5 NAAQS by operation of 
law. States with jurisdiction over these nonattainment areas 
reclassified to Serious are required to submit State Implementation 
Plan (SIP) revisions that comply with the statutory and regulatory 
requirements for 2006 24-hour PM2.5 NAAQS nonattainment 
areas classified as Serious. In this action, the EPA is not making any 
final determination regarding its proposed determination for the Logan, 
Utah-Idaho, nonattainment area.

DATES: This rule is effective June 9, 2017.

ADDRESSES: The EPA has established a docket, identified by Docket ID 
No. EPA-HQ-OAR-2016-0515, that can be found online at https://www.regulations.gov. Although listed in the index, some information may 
not be publicly available, e.g., Confidential Business Information or 
other information disclosure of which is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available electronically 
through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Leigh Herrington, Office of Air 
Quality Planning and Standards, Air Quality Policy Division, Mail code 
C539-01, Research Triangle Park, NC 27711, telephone (919) 541-0882; 
fax number: (919) 541-5315; email address: herrington.leigh@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities affected by this action include six states with one or 
more areas designated nonattainment and classified as ``Moderate'' for 
the 2006 24-hour PM2.5 NAAQS. Entities potentially affected 
indirectly by this action include owners or operators of sources of 
emissions of direct PM2.5 or PM2.5 precursors 
(ammonia, nitrogen oxides, sulfur dioxide and volatile organic 
compounds) that contribute to PM2.5 levels within the 
designated nonattainment areas the EPA is addressing in this action.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this notice will be posted at https://www.epa.gov/pm-pollution/particulate-matter-pm-implementation-regulatory-actions.

C. How is this document organized?

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. How is this document organized?
II. Proposed Actions
III. Final Actions
    A. Determinations of Attainment by the Attainment Date
    B. Determinations of Failure To Attain by the Attainment Date 
and Reclassification to Serious
    C. Public Comments
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)
    L. Judicial Review

II. Proposed Actions

    On December 16, 2016 (81 FR 91088), the EPA proposed to find that 
seven nonattainment areas classified as Moderate attained the 2006 24-
hour PM2.5 NAAQS by the applicable attainment date of 
December 31, 2015, based on complete, quality-assured and certified 
PM2.5 monitoring data for the 3-year period of 2013 to 
2015.\1\ The seven designated nonattainment areas are: (1) Chico, 
California; (2) Imperial County, California; (3) Knoxville-Sevierville-
La Follette, Tennessee; (4) Liberty-Clairton, Pennsylvania; (5) 
Nogales, Arizona; (6) Sacramento, California; and, (7) San Francisco 
Bay Area, California.\2\
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    \1\ An area's design value for the 24-hour PM2.5 
NAAQS is the highest of the 3-year average of annual 98th percentile 
24-hour average PM2.5 mass concentration values recorded 
at any eligible monitoring site (40 CFR part 50, Appendix N, 
1.0(c)(2)).
    \2\ Note that there are three 2006 PM2.5 NAAQS 
Moderate nonattainment areas not addressed in that proposal or this 
final action: (1) Klamath Falls, OR; (2) Oakridge, OR; and (3) West 
Central Pinal, AZ. For the Klamath Falls, OR, nonattainment area, 
the EPA issued a determination of attainment by the attainment date 
of December 31, 2014, on June 6, 2016 (81 FR 36176). For the 
Oakridge, OR, nonattainment area, the EPA issued a 1-year attainment 
date extension from December 31, 2015, to December 31, 2016, on July 
18, 2016 (81 FR 46612). For the West Central Pinal, AZ, 
nonattainment area, the EPA designated the area as nonattainment on 
February 3, 2011 (76 FR 6056), and therefore will make a 
determination about whether or not the area has attained the 2006 
PM2.5 NAAQS after the attainment date of December 31, 
2017.

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[[Page 21712]]

    The EPA also proposed to find that four nonattainment areas 
classified as Moderate failed to attain the 2006 24-hour 
PM2.5 NAAQS by December 31, 2015: (1) Fairbanks, Alaska; (2) 
Logan, Utah-Idaho; (3) Provo, Utah; and (4) Salt Lake City, Utah. The 
proposal stated that, as required by Clean Air Act (CAA) section 
188(b)(2), upon finalization of the EPA's determinations that these 
four areas failed to attain, the areas would be reclassified to Serious 
by operation of law and would be subject to all applicable Serious area 
attainment planning and nonattainment New Source Review (NNSR) 
requirements. In the December 2016 proposal, the EPA also discussed its 
determination that the Logan, Utah-Idaho, multistate nonattainment area 
did not qualify for a 1-year attainment date extension, despite the 
state of Idaho's request for such an extension, due to a lack of valid 
air quality data for calendar year 2015.
    The proposal also explained that under CAA section 188(b)(2) and 
the EPA's final rule, titled, ``Fine Particulate Matter National 
Ambient Air Quality Standards: State Implementation Plan Requirements'' 
(81 FR 58010, August 24, 2016) (hereinafter ``PM2.5 SIP 
Requirements Rule''), a state is required to make a SIP submission to 
address the statutory and regulatory requirements for any area that has 
been reclassified to Serious under CAA section 188(b)(2) within 18 
months from the effective date of reclassification, or 2 years before 
the attainment date, whichever is earlier. See 40 CFR 
51.1003(b)(2)(ii). Thus, Serious area attainment plan submissions for 
the areas reclassified in this action will be due by December 31, 2017, 
and consistent with CAA section 188(c)(2), the affected states will be 
required to demonstrate that the area will attain the standard as 
expeditiously as practicable, but no later than December 31, 2019 (the 
end of the tenth calendar year following the effective date of 
designation of the area). The EPA notes that states with areas 
reclassified to Serious may also elect to seek an extension of the 
applicable attainment date pursuant to CAA section 188(e), if they meet 
the applicable criteria.

III. Final Actions

A. Determinations of Attainment by the Attainment Date

    For this rulemaking, the EPA evaluated data from air quality 
monitors in 10 nonattainment areas classified as Moderate for the 2006 
24-hour PM2.5 NAAQS in order to determine the attainment 
status of each area as of the December 31, 2015, attainment date. Each 
of the seven nonattainment areas for which the EPA proposed 
determinations of attainment by the attainment date, listed in Table 1, 
had valid monitoring data and a design value equal to or less than 35 
micrograms per cubic meter ([mu]g/m\3\) based on the 2013 to 2015 
monitoring period. The EPA received no adverse comments on these 
proposed determinations of attainment. Therefore, pursuant to CAA 
section 188(b)(2) of the CAA, the agency is making final determinations 
that these seven nonattainment areas attained the 2006 24-hour 
PM2.5 NAAQS by the applicable attainment date of December 
31, 2015. The EPA's determinations are based upon 3 years of complete, 
quality-assured and certified data for calendar years 2013 to 2015. The 
monitoring data for the 3 years (2013 to 2015) used to calculate each 
monitor's design value are provided in a technical support document 
(TSD) in the docket for this action.\3\
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    \3\ See, ``Technical Support Document Regarding PM2.5 
Monitoring Data--Determinations of Attainment by the Attainment 
Date, Determinations of Failure to Attain by the Attainment Date and 
Reclassification for Certain Nonattainment Areas for the 2006 24-
Hour Fine Particulate Matter National Ambient Air Quality 
Standards,'' dated April 19, 2017, within this action's docket.
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    Once effective, this action satisfies the EPA's obligation pursuant 
to CAA section 188(b)(2) to determine whether these seven areas 
attained the standard by the applicable attainment date. These 
determinations of attainment do not constitute a redesignation to 
attainment. Rather, redesignations require states to meet a number of 
additional statutory criteria in CAA section 107(d)(3), including EPA 
approval of a state plan demonstrating maintenance of the air quality 
standard for 10 years after redesignation.

B. Determinations of Failure To Attain by the Attainment Date and 
Reclassification to Serious

    In its December 2016 proposal, the EPA proposed to determine that 
four nonattainment areas (Fairbanks, Alaska; Logan, Utah-Idaho; Provo, 
Utah; and Salt Lake City, Utah) failed to attain the 2006 24-hour 
PM2.5 NAAQS by the applicable attainment date of December 
31, 2015, because the 2013 to 2015 design value for at least one 
monitor in each area exceeded the 2006 24-hour PM2.5 NAAQS 
of 35 [mu]g/m\3\. The TSD provided in the docket shows the quality-
assured monitoring data for the relevant years for each of these 
nonattainment areas, as well as the 3-year design value calculations 
for each area.
    Pursuant to CAA section 188(b)(2), the EPA is finalizing the 
proposed determinations that three areas (Fairbanks, Alaska; Provo, 
Utah; and Salt Lake City, Utah) failed to attain the 2006 24-hour 
PM2.5 NAAQS by the applicable December 31, 2015, attainment 
date.\4\ Therefore, upon the effective date of this rule, these three 
Moderate nonattainment areas will be reclassified by operation of law 
to Serious for the 2006 PM2.5 standards. A Serious 
PM2.5 nonattainment area is required to attain the standard 
as expeditiously as practicable, but no later than by the end of the 
tenth year after designation (December 31, 2019).
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    \4\ Since the issuance of the December 2016 proposed action, the 
state of Utah has provided additional information for the monitoring 
sites in the Logan, Utah-Idaho, area. The EPA needs additional time 
to consider this information, and, therefore, is not taking final 
action for the Logan, Utah-Idaho, area in this notice. The EPA 
intends to act separately on the Logan, Utah-Idaho, area.
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    Table 1 provides a summary of the determinations of attainment and 
determinations of failure to attain (reclassifications) being finalized 
in this action.

 Table 1--Summary of Determinations of Attainment by the Attainment Date/Reclassifications for Certain Moderate
                              Nonattainment Areas for the 2006 24-Hour PM2.5 NAAQS
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                                 2013-2015
  2006 24-hour PM2.5 NAAQS     Design value                              Final action
     nonattainment area        ([mu]g/m\3\)
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Chico, CA...................              29  Determination of attainment.

[[Page 21713]]

 
Fairbanks, AK...............             124  Failed to attain; reclassification to Serious.
Imperial County, CA.........              33  Determination of attainment.
Knoxville-Sevierville-La                  20  Determination of attainment.
 Follette, TN.
Liberty-Clairton, PA........              33  Determination of attainment.
Nogales, AZ.................              28  Determination of attainment.
Provo, UT...................            * 50  Failed to attain; reclassification to Serious.
Sacramento, CA..............              35  Determination of attainment.
Salt Lake City, UT..........            * 45  Failed to attain; reclassification to Serious.
San Francisco Bay Area, CA..              30  Determination of attainment.
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* See April 19, 2017, memorandum titled, Salt Lake and Provo, Utah PM2.5 2013-2015 24-hour Design Value, from
  Gail Fallon, U.S. EPA, Region 8, to the File.

C. Public Comments

    The public comment period for the EPA's December 16, 2016, proposal 
closed on January 17, 2017. To review the comments received on the 
proposed rule and the Response to Comment document that accompanies 
this final rule, please go to https://www.regulations.gov and search 
for Docket ID No. EPA-HQ-OAR-2016-0515. A majority of commenters 
supported the EPA's proposal to determine that certain nonattainment 
areas did not attain the 2006 24-hour PM2.5 NAAQS by the 
applicable attainment date and thus the reclassification of the areas 
to Serious. The EPA received comments expressing concerns about 
proposed determinations for the Logan, Utah-Idaho, and Fairbanks, 
Alaska, nonattainment areas, which are addressed here.
    Comment: Idaho Department of Environmental Quality (DEQ) opposed 
the EPA's determination not to grant the 1-year extension and 
subsequent determination that the Logan, Utah-Idaho, nonattainment area 
failed to attain by the December 31, 2015, attainment date. Idaho DEQ 
asserted that the area met the requirements under CAA section 188(d) 
and the PM2.5 SIP Requirements Rule relevant to extensions 
of the Moderate area attainment date (i.e., that the area has complied 
with all requirements and commitments pertaining to the area in the 
applicable implementation plans and monitoring data show that the 2015 
98th percentile are below the PM2.5 NAAQS for the Franklin 
County monitor on the Idaho side of the nonattainment area). Idaho DEQ 
acknowledged that data were incomplete and requested that the EPA 
determine the area's 2015 98th percentile data using the same data that 
the EPA used to determine the area's 2013 to 2015 design value.
    Response: The EPA is considering these comments and is not taking 
final action on the Logan, Utah-Idaho, nonattainment area at this time.
    Comment: Three commenters did not question the EPA's proposed 
determination that the Fairbanks, Alaska, area failed to attain the 
2006 24-hour NAAQS by December 31, 2015, but asserted that the Serious 
area attainment plan for the Fairbanks, Alaska, 2006 24-hour 
PM2.5 NAAQS nonattainment area should be due 18 months after 
the effective date of the Serious area reclassification rather than 
December 31, 2017. The commenters stated that, under CAA section 
189(b)(2), states have 18 months from the effective date of a 
reclassification to complete plans and that the change in the 
submission deadline was not proposed during the EPA's rulemaking to 
promulgate the PM2.5 SIP Requirements Rule. Commenters 
pointed to ``two alternative schedules'' for SIP submissions in 
response to mandatory and discretionary reclassifications to Serious, 
and allege the EPA's PM2.5 SIP Requirements Rule is ``in 
error by adding the clause that reflects the discretionary 
reclassification language and mandatory language together.'' The Alaska 
Department of Environmental Conservation also claimed that requiring 
the state to submit the Serious area attainment plan by December 31, 
2017, would result in insufficient time to prepare and adopt a very 
complex plan with adequate public process and public participation.
    Response: The EPA acknowledges that meeting the Serious area 
attainment plan submission deadline may be challenging for those areas 
reclassified from Moderate to Serious in this final action, and 
understands the desire for additional time. Because the submission due 
date was established in the final PM2.5 SIP Requirements 
Rule and the EPA did not propose any changes to this date in its 
December 2016 proposal, we cannot make changes to this date here. In 
that prior rulemaking, the EPA addressed the issue of when states must 
submit Serious area attainment plans when they are reclassified, in 
order to comport with statutory requirements for the attainment date 
for such nonattainment areas. Accordingly, EPA promulgated 40 CFR 
51.1003(b)(2)(ii), which provides that in the event of a mandatory 
reclassification from Moderate to Serious upon a determination that an 
area fails to attain, the state is required to submit the Serious area 
attainment plan ``within 18 months from the effective date of 
reclassification, or 2 years before the attainment date, whichever is 
earlier.'' \5\ The EPA did not reopen the issue of the attainment plan 
submission date in this action regarding determinations of attainment, 
and merely noted the submission date for informational purposes. Even 
though the comment on

[[Page 21714]]

the SIP submission due date is out of scope for this rulemaking action, 
the EPA understands the significant effort involved in preparing an 
attainment plan revision and stands ready to help the state prepare 
this plan.
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    \5\ In the PM2.5 SIP Requirements Rule, the EPA 
provided its reasoning for establishing the submission date 
contained in 40 CFR 51.1003(b)(2)(ii). See generally 81 FR 58074-
58078 (comprehensive discussion of the rationale behind plan due 
dates for areas subject to either a discretionary or a mandatory 
reclassification to Serious); Response to Comments, pages 134-138, 
available at https://www.regulations.gov under docket item EPA-HQ-
OAR-2013-0691-0145. As EPA explained, ``a minimum of 2 years is 
appropriate because (1) it provides time for emission reduction 
measures adopted by the state to take effect and improve air 
quality; (2) it will allow the agency sufficient time to evaluate 
and act on the Serious area attainment demonstration; and (3) for 
every other NAAQS, the CAA SIP submission dates are generally 2 
years or more prior to the attainment date.'' 81 FR 58077. The EPA 
even included a discussion of what would arise if the deadline were 
similar to that the commenters are advocating, explaining that 
``[if] the plan is not submitted until just before year 10, and the 
agency determines the plan will not lead to attainment, there will 
be no time to take corrective action before the attainment date to 
ensure attainment of the NAAQS.'' Id.
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    The EPA understands that in this particular instance, the 
submission date for the Serious area attainment plan may be challenging 
in light of the complexity of the air quality situation in the 
Fairbanks, Alaska, nonattainment area and the need for public process 
in adopting plans. The EPA will prioritize working with Alaska to help 
the state prepare the required Serious area attainment plan as 
expeditiously and efficiently as possible. The EPA also believes that 
in light of the December 2015 Moderate area plan developed by the state 
demonstrating it was impracticable to attain by the Moderate area 
attainment date of December 31, 2015, and the work already done by the 
state on the Serious area plan in anticipation of this determination of 
failure to attain, a Serious area plan can be submitted in a timely 
manner.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it will satisfy the CAA obligation to make 
determinations of attainment based on an area's air quality as of the 
attainment date.

B. Paperwork Reduction Act (PRA)

    This rule does not impose any additional information collection 
burden under the provisions of the PRA, 44 U.S.C. 3501 et seq. This 
action to find that three Moderate PM2.5 nonattainment areas 
listed in Table 1 have failed to attain the 2006 24-hour 
PM2.5 NAAQS by their attainment date and to reclassify those 
areas as Serious PM2.5 nonattainment areas does not 
establish any new information collection burden not already covered 
under OMB control number 2060-0611.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. 
Determinations that certain areas attained the 2006 24-hour 
PM2.5 NAAQS do not create any new requirements. 
Determinations that certain nonattainment areas failed to attain the 
2006 24-hour PM2.5 NAAQS by their attainment date and the 
resulting reclassification of these areas by operation of law under CAA 
section 188(b)(2) similarly do not in and of themselves create any new 
requirements. Instead, this rulemaking only makes factual 
determinations, and does not directly regulate any entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The EPA believes, as discussed previously in this 
document, that a determination of nonattainment is a factual 
determination based upon air quality considerations, and the resulting 
reclassification of an area and the associated required revisions to 
SIPs must occur by operation of law. Thus, this action imposes no 
enforceable duty on any state, local or tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government. Pursuant 
to the CAA, this action determines whether the 2006 24-hour 
PM2.5 nonattainment areas listed in Table 1 attained the 
2006 24-hour PM2.5 NAAQS by the applicable attainment date, 
and reclassifies as ``Serious,'' by operation of law, the areas that 
did not do so.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. No tribal areas are located in the three areas 
that failed to attain the 2006 24-hour PM2.5 NAAQS by the 
applicable attainment date. The CAA and the Tribal Authority Rule 
establish the relationship of the federal government and tribes in 
developing plans to attain the NAAQS, and this rule does nothing to 
modify that relationship. Thus, Executive Order 13175 does not apply to 
this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe any environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. This action determines that three 2006 24-hour 
PM2.5 nonattainment areas, identified in Table 1, did not 
attain the 2006 24-hour PM2.5 standard by their applicable 
attainment date and thus these areas will be reclassified by operation 
of law as Serious PM2.5 nonattainment areas.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards. This action 
merely determines that three 2006 24-hour PM2.5 
nonattainment areas, identified in Table 1, did not attain the 2006 24-
hour PM2.5 standard by their applicable attainment date and 
thus these areas will be reclassified by operation of law as Serious 
PM2.5 nonattainment areas.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action merely determines that three 2006 24-hour PM2.5 
nonattainment areas, identified in Table 1, did not attain by the 
applicable attainment date and thus these nonattainment areas will be 
reclassified by operation of law as Serious PM2.5 
nonattainment areas. Reclassifying the three nonattainment areas from 
Moderate to Serious will help protect all of those residing, working, 
attending school, or otherwise present in those areas regardless of 
minority or economic status.

K. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability that names specific entities where this rule makes 
factual determinations and does not directly regulate any entities. The 
determinations of attainment and failure to attain the 2006 24-hour 
PM2.5 NAAQS (and resulting reclassifications) contained in 
this final rule do not in and of themselves create any new

[[Page 21715]]

requirements beyond what is already mandated by the CAA.

L. Judicial Review

    Under CAA section 307(b)(1) of the CAA, petitions for judicial 
review of final actions that are locally and regionally applicable may 
be filed only in the United States Court of Appeals for the appropriate 
circuit. However, the statute also provides that notwithstanding that 
general rule, ``a petition for review of any action . . . may be filed 
only in the United States Court of Appeals for the District of Columbia 
if such action is based on a determination of nationwide scope or 
effect and if in taking such action the Administrator finds and 
publishes that such action is based on such determination.'' 42 U.S.C. 
7607(b)(1). See also Dalton Trucking v. EPA, 808 F.3d 875 (D.C. Circuit 
2015). Because this final action makes findings with regard to 
nonattainment areas across the country and interprets the CAA and 
applies such interpretations to states and nonattainment areas across 
the country, the Administrator finds that this action has nationwide 
scope and effect. Therefore, in accordance with CAA section 307(b)(1), 
petitions for review of this final action may be filed only in the 
United States Court of Appeals for the District of Columbia Circuit by 
July 10, 2017. Note, under CAA section 307(b)(2), the requirements 
established by this final rule may not be challenged separately in any 
civil or criminal proceedings for enforcement.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

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

    Dated: April 28, 2017.
E. Scott Pruitt,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I of the Code 
of Federal Regulations is to be amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart D--Arizona

0
2. Section 52.131 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.131  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (c) Determination of attainment. Effective June 9, 2017, the EPA 
has determined that, based on 2013 to 2015 ambient air quality data, 
the Nogales, AZ PM2.5 nonattainment area has attained the 
2006 24-hour PM2.5 NAAQS by the applicable attainment date 
of December 31, 2015. Therefore, the EPA has met the requirement 
pursuant to CAA section 188(b)(2) to determine whether the area 
attained the standard. The EPA also has determined that the Nogales, AZ 
nonattainment area will not be reclassified for failure to attain by 
its applicable attainment date under section 188(b)(2).

Subpart F--California

0
3. Section 52.247 is amended by adding paragraphs (j), (k), (l), and 
(m) to read as follows:


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

* * * * *
    (j) Determination of attainment. Effective June 9, 2017, the EPA 
has determined that, based on 2013 to 2015 ambient air quality data, 
the Chico, CA PM2.5 nonattainment area has attained the 2006 
24-hour PM2.5 NAAQS by the applicable attainment date of 
December 31, 2015. Therefore, the EPA has met the requirement pursuant 
to CAA section 188(b)(2) to determine whether the area attained the 
standard. The EPA also has determined that the Chico, CA nonattainment 
area will not be reclassified for failure to attain by its applicable 
attainment date under section 188(b)(2).
    (k) Determination of attainment. Effective June 9, 2017, the EPA 
has determined that, based on 2013 to 2015 ambient air quality data, 
the Imperial County, CA PM2.5 nonattainment area has 
attained the 2006 24-hour PM2.5 NAAQS by the applicable 
attainment date of December 31, 2015. Therefore, the EPA has met the 
requirement pursuant to CAA section 188(b)(2) to determine whether the 
area attained the standard. The EPA also has determined that the 
Imperial County, CA nonattainment area will not be reclassified for 
failure to attain by its applicable attainment date under section 
188(b)(2).
    (l) Determination of attainment. Effective June 9, 2017, the EPA 
has determined that, based on 2013 to 2015 ambient air quality data, 
the Sacramento, CA PM2.5 nonattainment area has attained the 
2006 24-hour PM2.5 NAAQS by the applicable attainment date 
of December 31, 2015. Therefore, the EPA has met the requirement 
pursuant to CAA section 188(b)(2) to determine whether the area 
attained the standard. The EPA also has determined that the Sacramento, 
CA nonattainment area will not be reclassified for failure to attain by 
its applicable attainment date under section 188(b)(2).
    (m) Determination of attainment. Effective June 9, 2017, the EPA 
has determined that, based on 2013 to 2015 ambient air quality data, 
the San Francisco Bay, CA PM2.5 nonattainment area has 
attained the 2006 24-hour PM2.5 NAAQS by the applicable 
attainment date of December 31, 2015. Therefore, the EPA has met the 
requirement pursuant to CAA section 188(b)(2) to determine whether the 
area attained the standard. The EPA also has determined that the San 
Francisco Bay, CA nonattainment area will not be reclassified for 
failure to attain by its applicable attainment date under section 
188(b)(2).

Subpart NN--Pennsylvania

0
4. Section 52.2059 is amended by adding paragraph (v) to read as 
follows:


Sec.  52.2059  Control strategy: Particulate matter.

* * * * *
    (v) Determination of attainment. Effective June 9, 2017, the EPA 
has determined that, based on 2013 to 2015 ambient air quality data, 
the Liberty-Clairton, PA PM2.5 nonattainment area has 
attained the 2006 24-hour PM2.5 NAAQS by the applicable 
attainment date of December 31, 2015. Therefore, the EPA has met the 
requirement pursuant to CAA section 188(b)(2) to determine whether the 
area attained the standard. The EPA also has determined that the 
Liberty-Clairton, PA nonattainment area will not be reclassified for 
failure to attain by its applicable attainment date under section 
188(b)(2).

Subpart RR--Tennessee

0
5. Section 52.2231 is amended by adding paragraph (f) to read as 
follows:

[[Page 21716]]

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

* * * * *
    (f) Determination of attainment. Effective June 9, 2017, the EPA 
has determined that, based on 2013 to 2015 ambient air quality data, 
the Knoxville-Sevierville-La Follette, Tennessee PM2.5 
nonattainment area has attained the 2006 24-hour PM2.5 NAAQS 
by the applicable attainment date of December 31, 2015. Therefore, the 
EPA has met the requirement pursuant to CAA section 188(b)(2) to 
determine whether the area attained the standard. The EPA also has 
determined that the Knoxville-Sevierville-La Follette, Tennessee 
nonattainment area will not be reclassified for failure to attain by 
its applicable attainment date under section 188(b)(2).

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
6. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
7. Section 81.302 is amended in the table ``Alaska--2006 24-Hour 
PM2.5 NAAQS (Primary and secondary)'' by revising the 
entries for ``Fairbanks, AK'' to read as follows:


Sec.  81.302  Alaska.

* * * * *

                                        Alaska--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                  Designation \a\                         Classification
         Designated area          ------------------------------------------------------------------------------
                                      Date \1\                 Type                 Date \2\           Type
----------------------------------------------------------------------------------------------------------------
Fairbanks, AK:
AQCR 09 Northern Alaska
 Intrastate:
    Fairbanks North Star Borough   ..............  Nonattainment...............          6/9/17  Serious.
     (part).
        The following townships
         and ranges: --MTRS
         F001N001--All Sections;
         --MTRS F001N001E--
         Sections 2-11, 14-23, 26-
         34; --MTRS F001N002--
         Sections 1-5, 8-17, 20-
         29, 32-36; --MTRS
         F001S001E--Sections 1, 3-
         30, 32-36; --MTRS
         F001S001W--Sections 1-
         30; --MTRS F001S002E--
         Sections 6-8, 17-20, 29-
         36; --MTRS F001S002W--
         Sections 1-5, 8-17, 20-
         29, 32-33; --MTRS
         F001S003E--Sections 31-
         32; --MTRS F002N001E--
         Sections 31-35; --MTRS
         F002N001--Sections 28,
         31-36; --MTRS F002N002--
         Sections 32-33, 36; --
         MTRS F002S001E--Sections
         1-2; --MTRS F002S002E--
         Sections 1-17, 21-24; --
         MTRS F002S003E--Sections
         5-8, 18.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

0
8. Section 81.345 is amended in the table ``Utah--2006 24-Hour 
PM2.5 NAAQS (Primary and secondary)'' by revising the 
entries for ``Provo, UT'' and ``Salt Lake City, UT'' to read as 
follows:


Sec.  81.345  Utah.

* * * * *

                                         Utah--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                  Designation \a\                         Classification
         Designated area          ------------------------------------------------------------------------------
                                      Date \1\                 Type                 Date \2\           Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Provo, UT:
    Utah County (part)...........  ..............  Nonattainment...............          6/9/17  Serious.
        The area of Utah County
         that lies west of the
         Wasatch Mountain Range
         (and this includes the
         Cities of Provo and
         Orem) with an eastern
         boundary for Utah County
         to be defined as the
         following Townships:
         Township 3 South Range 1
         East; Township 4 South
         Range 2 East; Township 5
         South Range 3 East;
         Township 6 South Range 3
         East; Township 7 South
         Range 3 East; Township 8
         South Range 3 East;
         Township 9 South Range 3
         East; Township 10 South
         Range 2 East.
Salt Lake City, UT:
    Box Elder County (part)......  ..............  Nonattainment...............          6/9/17  Serious.

[[Page 21717]]

 
        The following Townships
         or portions thereof as
         noted (including Brigham
         City): Township 7 North
         Range 2 West; Township 8
         North Range 2 West;
         Township 9 North Range 2
         West; Township 10 North
         Range 2 West; Township
         11 North Range 2 West;
         Township 12 North Range
         2 West; Township 13
         North Range 2 West;
         Township 9 North Range 3
         West; Township 10 North
         Range 3 West; Township
         11 North Range 3 West;
         Township 12 North Range
         3 West; Township 13
         North Range 3 West;
         Township 13 North Range
         4 West; Township 12
         North Range 4 West;
         Township 11 North Range
         4 West; Township 10
         North Range 4 West;
         Township 9 North Range 4
         West; Township 13 North
         Range 5 West; Township
         12 North Range 5 West;
         Township 11 North Range
         5 West; Township 10
         North Range 5 West;
         Township 9 North Range 5
         West; Township 13 North
         Range 6 West; Township
         12 North Range 6 West;
         Township 11 North Range
         6 West; Township 10
         North Range 6 West;
         Township 9 North Range 6
         West; Township 7 North
         Range 1 West (portion
         located in Box Elder
         County); Township 8
         North Range 1 West
         (portion located in Box
         Elder County); Township
         9 North Range 1 West
         (portion located in Box
         Elder County).
    Davis County.................  ..............  Nonattainment...............          6/9/17  Serious.
    Salt Lake County.............  ..............  Nonattainment...............          6/9/17  Serious.
    Tooele County (part).........  ..............  Nonattainment...............          6/9/17  Serious.
        The following Townships
         or portions thereof as
         noted (including Tooele
         City): Township 1 South
         Range 3 West; Township 2
         South Range 3 West;
         Township 3 South Range 3
         West; Township 3 South
         Range 4 West; Township 2
         South Range 4 West;
         Township 2 South Range 5
         West; Township 3 South
         Range 5 West; Township 3
         South Range 6 West;
         Township 2 South Range 6
         West; Township 1 South
         Range 6 West; Township 1
         South Range 5 West;
         Township 1 South Range 4
         West; Township 1 South
         Range 7 West; Township 2
         South Range 7 West;
         Township 3 South Range 7
         West; all Sections
         within Township 4 South
         Range 7 West except for
         Sections 29, 30, 31 and
         32; Township 4 South
         Range 6 West; Township 4
         South Range 5 West;
         Township 4 South Range 4
         West; Township 4 South
         Range 3 West.
    Weber County (part)..........  ..............  Nonattainment...............          6/9/17  Serious.
        The area of Weber County
         that lies west of the
         Wasatch Mountain Range
         with an eastern boundary
         for Weber County to be
         defined as the following
         Townships (or portion
         thereof) extending to
         the western boundary of
         Weber County: Township 5
         North Range 1 West;
         Township 6 North Range 1
         West; all Sections
         within Township 7 North
         Range 1 West located
         within Weber County
         except for Sections 1,
         2, 3, 4, 11, 12, 13 and
         24; Township 7 North
         Range 2 West (portion
         located in Weber County).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *
[FR Doc. 2017-09391 Filed 5-9-17; 8:45 am]
BILLING CODE 6560-50-P


