[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Rules and Regulations]
[Pages 32064-32067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14445]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2018-0181; FRL-9980-49--Region 9]


Approval and Promulgation of Air Quality State Implementation 
Plans; California; Chico Redesignation Request and Maintenance Plan for 
the 2006 24-Hour PM2.5 Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve, as a revision of the California state implementation 
plan (SIP), the State's request to redesignate the Chico nonattainment 
area to attainment for the 2006 24-hour fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS or 
``standard''). The EPA is also taking final action to approve the 
PM2.5 maintenance plan and the determination that 
contributions from motor vehicle emissions in the Chico nonattainment 
area are insignificant. The EPA is approving this revision because it 
meets the requirements of the Clean Air Act (CAA or ``the Act'') and 
EPA guidance for such plans.

DATES: This rule is effective on August 10, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2018-0181. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Ginger Vagenas, Air Planning Office 
(AIR-2), Environmental Protection Agency, Region IX, (415) 972-3964, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to the EPA.

Table of Contents

I. Background
II. Today's Final Actions
III. What are the effects of today's actions?
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997, the EPA established the first air quality 
standards for PM2.5.\1\ The EPA promulgated an annual 
standard at a level of 15.0 micrograms per cubic meter ([micro]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. In the same rulemaking, the EPA promulgated a 24-hour 
standard of 65 [micro]g/m\3\ based on a 3-year average of the 98th 
percentile of 24-hour concentrations. On October 17, 2006, the EPA 
retained the annual average NAAQS at 15.0 [micro]g/m\3\ but revised the 
24-hour PM2.5 NAAQS to 35 [micro]g/m\3\, based on the 3-year 
average of the 98th percentile of 24-hour concentrations.\2\
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    \1\ 62 FR 38652.
    \2\ 71 FR 61144.
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    Effective December 14, 2009, the EPA established initial air 
quality designations under subpart 1 of the Act for most areas in the 
United States for the 2006 24-hour PM2.5 NAAQS, including 
the Chico area.\3\ \4\ Under subpart 1, within three years of the 
effective date of designations, states with areas designated as 
nonattainment for the 2006 24-hour PM2.5 NAAQS are required 
to submit SIP revisions that, among other elements, provide for 
implementation of reasonably available control measures (RACM), 
reasonable further progress (RFP), attainment of the standard as 
expeditiously as practicable but no later than five years from the 
nonattainment designation (in this instance, no later than December 14, 
2014), as well as contingency measures.\5\ \6\ Prior to the due date 
for

[[Page 32065]]

these submissions, the California Air Resources Board (CARB or 
``State'') requested that the EPA make a determination that, based on 
quality assured and certified data from the 2008-2010 period, the Chico 
PM2.5 nonattainment area had attained the 2006 24-hour 
PM2.5 NAAQS.\7\ In addition to requesting a finding of 
attainment, the State requested that the EPA suspend the attainment-
related planning requirements.
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    \3\ All 1997 and 2006 PM2.5 NAAQS areas were 
designated under subpart 1 of the Act. Subpart 1 contains the 
general requirements for nonattainment areas for any pollutant 
governed by a NAAQS and is less prescriptive than the other subparts 
of title I, part D. See 74 FR 58688 (November 13, 2009).
    \4\ The boundaries for this area are described in 40 CFR 81.305.
    \5\ See CAA sections 172(a)(2), 172(c)(1), 172(c)(2), and 
172(c)(9).
    \6\ In response to a decision issued by the D.C. Circuit 
(Natural Resources Defense Council v. EPA, 706 F.3d 428 (D.C. Cir. 
2013), the EPA subsequently identified all PM2.5 
nonattainment areas for the 1997 and 2006 NAAQS as ``moderate'' 
nonattainment areas under subpart 4 and established a new SIP 
submission date of December 31, 2014, for moderate area attainment 
plans and for any additional attainment-related or nonattainment new 
source review plans necessary for areas to comply with the 
requirements applicable under subpart 4. We also noted that the 
moderate area attainment deadline under subpart 4 is no later than 
December 31, 2015. See 79 FR 31566 (June 2, 2014).
    \7\ Letter from James N. Goldstene, Executive Officer, CARB, to 
Jared Blumenfeld, Regional Administrator, EPA Region IX, dated June 
2, 2011.
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    Effective October 10, 2013, the EPA determined that the Chico 
nonattainment area had attained the 2006 24-hour PM2.5 
standard based on the 2010-2012 monitoring period.\8\ Based on that 
determination and pursuant to 40 CFR 51.1004(c), the requirements for 
this area to submit an attainment demonstration, together with RACM, an 
RFP plan, and contingency measures for failure to meet RFP and 
attainment deadlines were suspended for so long as the area continued 
to attain the 2006 24-hour PM2.5 NAAQS or until the area is 
redesignated to attainment.\9\ The EPA subsequently issued a 
determination that the Chico PM2.5 nonattainment area had 
attained the 2006 24-hour PM2.5 NAAQS by the applicable 
attainment date of December 31, 2015, based on 2013-2015 data.\10\ On 
December 18, 2017, CARB submitted the ``Chico, CA/Butte County 
PM2.5 Nonattainment Area Redesignation Request and 
Maintenance Plan'' (``Chico PM2.5 Plan'' or ``Plan'') and 
requested that the EPA redesignate the Chico PM2.5 
nonattainment area to attainment for the 2006 24-hour PM2.5 
NAAQS.
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    \8\ 78 FR 55225 (September 10, 2013).
    \9\ For more information on the regulatory basis for determining 
attainment of the NAAQS, see the proposed determination of 
attainment at 77 FR 65651 (October 30, 2012).
    \10\ 82 FR 21711 (May 10, 2017).
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    On May 9, 2018, the EPA issued a notice of proposed rulemaking to 
approve California's request to redesignate the Chico PM2.5 
nonattainment area to attainment for the 2006 24-hour PM2.5 
standard, as well as proposing to approve California's 10-year 
maintenance plan for the area.\11\ We also proposed to determine that 
the emission contributions from motor vehicles are insignificant. The 
proposed rulemaking set forth the basis for determining that 
California's redesignation request meets the CAA requirements for 
redesignation for the 2006 24-hour PM2.5 standard and 
provided an extensive background on the 2006 24-hour PM2.5 
standard, CAA requirements for redesignation for the 2006 24-hour 
PM2.5 standard, and their relationship to air quality in the 
Chico nonattainment area.
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    \11\ 83 FR 21238.
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    Our proposed rulemaking also described the complete, quality-
assured, and certified air quality monitoring data for the Chico 
nonattainment area for 2014-2016 showing that this area continued to 
attain the 2006 24-hour PM2.5 standard. Certified data for 
2017 and preliminary data for 2018 from non-regulatory monitors 
available on CARB's real-time website are also consistent with 
continued attainment of the standard.\12\
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    \12\ CARB's real-time AQMIS (Air Quality and Meteorological 
Information System) database can be found at: https://www.arb.ca.gov/aqmis2/aqmis2.php. AQMIS provides a combination of 
preliminary real-time data from both non-regulatory and regulatory 
monitors in addition to historical regulatory data.
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    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received one anonymous comment. After reviewing 
the comment, we determined that it was outside the scope of our 
proposed action and that it fails to identify any material issue 
necessitating a response. The comment has been added to the docket for 
this action and is accessible at https://www.regulations.gov/docket?D=EPA-R09-OAR-2018-0181.

II. Today's Final Actions

    Based on our review of the Chico PM2.5 Plan submitted by 
CARB, air quality monitoring data, and other relevant materials, and 
for the reasons described in our proposed rule, the EPA is approving 
under CAA section 107(d)(3)(D) the State's request to redesignate the 
Chico PM2.5 nonattainment area to attainment for the 2006 
24-hour PM2.5 NAAQS. We are doing so based on our conclusion 
that the area has met the five criteria for redesignation under CAA 
section 107(d)(3)(E): (1) The area has attained the 24-hour 
PM2.5 NAAQS in the 2014-2016 time period and has continued 
to attain the PM2.5 standard since that time; (2) the 
relevant portions of the California SIP are fully approved; (3) the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions; (4) California has met all requirements 
applicable to the Chico PM2.5 nonattainment area with 
respect to section 110 and part D of the CAA; and (5) the Chico 
PM2.5 Plan meets the requirements of section 175A of the 
CAA.
    Under CAA section 110(k)(3), the EPA is also approving the Chico 
PM2.5 Plan as a revision to the California SIP. The EPA 
finds that the maintenance demonstration shows that the area will 
continue to attain the 2006 24-hour PM2.5 NAAQS for at least 
10 years beyond redesignation (i.e., through 2030) and that the 
contingency provisions, which describe the actions that the Butte 
County Air Quality Management District (BCAQMD) will take in the event 
of a future monitored violation, meet all applicable requirements for 
maintenance plans and related contingency provisions in CAA section 
175A. The EPA is also taking final action to approve the emission 
determination that contributions from motor vehicle emissions in the 
Chico nonattainment area are insignificant. The EPA is finalizing these 
actions because the SIP revision meets the requirements of the CAA, its 
implementing regulations, and EPA guidance for such plans.

III. What are the effects of today's actions?

    The EPA's approval of California's redesignation request changes 
the legal designation of a portion of Butte County (the Chico 
nonattainment area) for the 2006 24-hour PM2.5 NAAQS, found 
at 40 CFR part 81, from nonattainment to attainment. Approval of 
BCAQMD's associated SIP revision also incorporates a plan for 
maintaining the 2006 24-hour PM2.5 NAAQS in the Chico area 
through 2030 into the California SIP. The maintenance plan identifies 
contingency measures to remedy any future violations of the 2006 24-
hour PM2.5 NAAQS.
    As a result of the EPA's motor vehicle insignificance finding, the 
Butte County Association of Governments is no longer required to 
perform regional emissions analyses for either directly emitted 
PM2.5 or nitrogen oxides as part of future PM2.5 
conformity determinations for the 2006 24-hour PM2.5 NAAQS 
for the Chico area. The EPA's insignificance finding should, however, 
be noted in the transportation conformity documentation that is 
prepared for this area. Areas with insignificant regional motor vehicle 
emissions for a pollutant or precursor are still required to make a 
conformity determination that satisfies other relevant conformity 
requirements such as financial constraint, timely implementation of 
transportation control measures, and project level conformity.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the

[[Page 32066]]

Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 
52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves State law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000). We offered to consult with the Enterprise Rancheria of Maidu 
Indians of California, the Berry Creek Rancheria of Maidu Indians of 
California, the Mooretown Rancheria of Maidu Indians of California, and 
the Mechoopda Indian Tribe of Chico Rancheria, which have lands within 
the Chico PM2.5 nonattainment area. The tribes did not 
respond to the EPA's offer to consult.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 10, 2018. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: June 26, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(506) to read as 
follows:


Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (506) The following plan was submitted on December 18, 2017, by the 
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Butte County Air Quality Management 
District.
    (1) ``Chico, CA/Butte County PM2.5 Nonattainment Area 
Redesignation Request and Maintenance Plan,'' adopted October 26, 2017.
    (2) [Reserved]

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES

0
3. 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
4. Section 81.305 is amended by revising the entry for ``Chico, CA'' in 
the table entitled ``California--2006 24-Hour PM2.5 NAAQS 
[Primary and secondary]'' to read as follows:


Sec.  81.305  California.

* * * * *

[[Page 32067]]



                                      California--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
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                                              Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \2\              Type
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Chico, CA:
    Butte County (part).........  August 10, 2018...  Attainment........
        That portion of Butte
         County which lies west
         of the line described
         as follows: (Mount
         Diablo Base and
         Meridian) Beginning at
         the intersection of the
         Butte-Yuba county line
         and the township line
         common to T18N R6E and
         T19N R6E, west to the
         township line common to
         T18N R6E and T19N R6E,
         then north along the
         range line common to
         R5E and R6E, then west
         along the township line
         common to T21N and
         T20N, then north along
         the range line common
         to R4E and R5E, then
         west along the township
         line common to T24N and
         T23N to the Butte-
         Tehama County boundary.
 
                                                  * * * * * * *
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\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.

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[FR Doc. 2018-14445 Filed 7-10-18; 8:45 am]
 BILLING CODE 6560-50-P


