[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Rules and Regulations]
[Pages 80076-80079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28269]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2022-0815; FRL-10250-02-R9]


Finding of Failure To Attain and Reclassification as Serious 
Nonattainment for the 2012 Annual Fine Particulate Standard: Plumas 
County, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to determine that the Plumas County nonattainment area failed to 
attain the 2012 annual fine particulate matter (``PM2.5'') 
national ambient air quality standard (NAAQS or ``standard'') by the 
December 31, 2021 ``Moderate'' area attainment date. This determination 
is based on ambient air quality monitoring data from 2019 through 2021. 
With this final determination, Clean Air Act (CAA or ``Act'') section 
188(b)(2) requires that the nonattainment area be reclassified to 
Serious by operation of law. Within 18 months from the effective date 
of the reclassification to Serious, the State must submit a revision to 
its State Implementation Plan (SIP) that complies with the statutory 
and regulatory requirements for Serious PM2.5 nonattainment 
areas.

DATES: This effective date of this rule is January 30, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2022-0815. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available through https://www.regulations.gov, or please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section for 
additional availability information. If you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you, please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Michael Dorantes, Air Planning Office

[[Page 80077]]

(AIR-2), EPA Region IX, (415) 972-3934, [email protected].

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

Table of Contents

I. Summary of Proposed Action
II. Public Comments and EPA Responses
III. Summary of Final Action
IV. Statutory and Executive Order Reviews

I. Summary of Proposed Action

    On November 1, 2022,\1\ the EPA proposed to find that the Plumas 
County nonattainment area (``Portola nonattainment area'') failed to 
attain the 2012 PM2.5 NAAQS by the December 31, 2021 
Moderate area attainment date. This proposal was based on our review of 
quality-assured and certified PM2.5 air quality monitoring 
data from the 2019-2021 calendar years, which we compared to the 2012 
annual PM2.5 NAAQS attainment for the Portola nonattainment 
area.\2\ Please refer to our proposal for additional information 
regarding our review of the monitoring data and associated 
documentation. As explained in our proposed rulemaking, if we finalize 
the determination that the area did not attain the standard by the 
applicable attainment date, in accordance with section 188(b)(1) of the 
Act, the Portola nonattainment area would be reclassified by operation 
of law from Moderate to Serious for the 2012 annual PM2.5 
standard. In our proposed action, we further explained that upon 
reclassification, California would be required to submit an additional 
SIP revision to satisfy the statutory requirements that apply to 
Serious PM2.5 nonattainment areas, including the 
requirements of subpart 4 of part D, title I of the Act and 40 CFR part 
51, subpart Z.
---------------------------------------------------------------------------

    \1\ 87 FR 65719 (November 1, 2022).
    \2\ The PM2.5 monitoring data that the EPA reviewed 
indicate that the annual PM2.5 design value for 2021 is 
at 16.5 micrograms per cubic meter ([mu]g/m\3\) at the Portola 
monitoring site (AQS Site ID: 06-063-1010) in the nonattainment 
area, which is above the level of the 2012 PM2.5 NAAQS 
(12.0 [mu]g/m\3\). 87 FR 65719 (November 1, 2022).
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    The 30-day public comment period for the proposed rule closed on 
December 1, 2022. During this period, the EPA received one comment, 
which argued that Plumas County has been affected by illegal 
immigration and that such immigration results in pollution from 
vehicles, lawn equipment, discarded clothing, and phone batteries.\3\ 
After reviewing the comment, the EPA has determined that the comment 
fails to raise issues germane to the proposed finding and 
reclassification of the Portola nonattainment area, which is based 
solely upon air monitoring data. Therefore, we have determined that 
this comment does not necessitate a response, and the EPA will not 
provide a specific response to the comment in this notice.
---------------------------------------------------------------------------

    \3\ The comment is available in the docket for this rulemaking. 
See Docket ID EPA-R09-2022-0815 at https://www.regulations.gov.
---------------------------------------------------------------------------

III. Summary of Final Action

    For the reasons discussed in our proposed rule and summarized in 
this document, we are finalizing our finding that the Portola 
nonattainment area did not attain the 2012 annual PM2.5 
NAAQS by its applicable Moderate area attainment date of December 31, 
2021. Pursuant to CAA section 188(b)(2), upon the effective date of 
this action, the Portola nonattainment area will be reclassified as a 
Serious PM2.5 nonattainment area by operation of law and 
will be subject to all applicable Serious area requirements.
    The Serious area SIP elements that California is required to submit 
are as follows:
    1. Provisions to assure that the best available control measures, 
including the best available control technology for stationary sources, 
for the control of direct PM2.5 and PM2.5 
precursors shall be implemented no later than four years after the area 
is reclassified (CAA section 189(b)(1)(B));
    2. A demonstration (including air quality modeling) that the plan 
provides for attainment as expeditiously as practicable but not later 
than December 31, 2025, or where the state is seeking an extension of 
the attainment date under section 188(e), a demonstration that 
attainment by December 31, 2025 is impracticable and that the plan 
provides for attainment by the most expeditious alternative date 
practicable and not later than December 31, 2030 (CAA sections 
189(b)(1)(A), 188(c)(2), and 188(e));
    3. Plan provisions that require reasonable further progress (RFP) 
(CAA section 172(c)(2));
    4. Quantitative milestones that are to be achieved every three 
years until the area is redesignated to attainment and that demonstrate 
RFP toward attainment by the applicable date (CAA section 189(c));
    5. Provisions to assure that control requirements applicable to 
major stationary sources of PM2.5 also apply to major 
stationary sources of PM2.5 precursors, except where the 
state demonstrates to the EPA's satisfaction that such sources do not 
contribute significantly to PM2.5 levels that exceed the 
standard in the area (CAA section 189(e));
    6. A comprehensive, accurate, current inventory of actual emissions 
from all sources of PM2.5 and PM2.5 precursors in 
the area (CAA section 172(c)(3));
    7. Contingency measures to be implemented if the area fails to meet 
any requirement concerning RFP or quantitative milestones or fails to 
attain by the applicable attainment date (CAA section 172(c)(9)); and
    8. A revision to the nonattainment new source review program to 
lower the applicable ``major stationary source'' \4\ threshold from 100 
tons per year (tpy) to 70 tpy (CAA section 189(b)(3)) and to satisfy 
the subpart 4 requirements for major stationary sources of 
PM2.5 precursors (CAA section 189(e)).
---------------------------------------------------------------------------

    \4\ For any Serious area, the terms ``major source'' and ``major 
stationary source'' include any stationary source that emits or has 
the potential to emit at least 70 tpy of PM2.5 (CAA 
section 189(b)(3) and 40 CFR 51.1000).
---------------------------------------------------------------------------

    Pursuant to CAA section 189(b)(2), the SIP revision that satisfies 
these elements will be due 18 months from the effective date of the 
final reclassification to Serious. Under section 188(c)(2) of the Act, 
the attainment date for a Serious area ``shall be as expeditiously as 
practicable but no later than the end of the tenth calendar year 
beginning after the area's designation as nonattainment. . .'' The EPA 
designated Plumas County as nonattainment for the 2012 PM2.5 
NAAQS effective January 15, 2015. Therefore, upon reclassification to 
Serious, the latest permissible attainment date under section 188(c)(2) 
of the Act for the purposes of the 2012 PM2.5 NAAQS in the 
Portola nonattainment area is December 31, 2025.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and therefore 
was not submitted to the Office of Management and Budget (OMB) for 
review.

[[Page 80078]]

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the PRA because it does not contain any information 
collection activities.

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. This action 
requires the state to adopt and submit a SIP revision to satisfy CAA 
requirements and does not itself directly regulate any small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more, as described in UMRA (2 U.S.C. 1531-1538) and does not 
significantly or uniquely affect small governments. This action itself 
imposes no enforceable duty on any state, local, or tribal governments, 
or the private sector. This final action is to determine that the 
Portola nonattainment area failed to attain the NAAQS by the applicable 
attainment date. As of the effective date, this determination triggers 
existing statutory timeframes for the state to submit a SIP revision. 
Such a determination in and of itself does not impose any federal 
intergovernmental mandate.

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.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. As there are no federally recognized tribes 
within the Portola nonattainment area,\5\ the finding of failure to 
attain the 2012 annual PM2.5 NAAQS does not apply to tribal 
areas, and the rule does not impose a burden on Indian reservation 
lands or other areas where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction within the Portola nonattainment area. 
Thus, this 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.
---------------------------------------------------------------------------

    \5\ Map of Federally-Recognized Tribes in EPA's Pacific 
Southwest (Region 9) is available at https://www.epa.gov/tribal-pacific-sw/map-federally-recognized-tribes-epas-pacific-southwest-region-9.
---------------------------------------------------------------------------

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because the effect of this action will trigger 
additional planning requirements under the CAA. This action does not 
establish an environmental standard intended to mitigate health or 
safety risks.

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

    This final rule 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.

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

    Executive Order 12898 establishes federal executive policy on 
environmental justice. Its main provision directs federal agencies, to 
the greatest extent practicable and permitted by law, to make 
environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States. There is no information in the record indicating that 
this action is inconsistent with the stated goals of Executive Order 
12898 of achieving environmental justice for people of color, low-
income populations, and indigenous peoples.

K. Congressional Review Act (CRA)

    This rule is exempt from the CRA because it is a rule of particular 
applicability. This rule makes factual determinations for specific 
entities and does not direct regulate any entities. The determination 
of a failure to attain by the attainment date and reclassification does 
not in itself create any new requirements beyond what is mandated by 
the CAA.

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 27, 2023. Filing a 
petition for reconsideration by the Administrator of this final action 
does not affect the finality of this action for the purposes of 
judicial review, nor does it extend the time within which a petition 
for judicial review may be filed, and shall not postpone the 
effectiveness of such rule or action. This action may not be challenged 
later in proceedings to enforce its requirements (see section 
307(b)(2)).

List of Subjects in 40 CFR Part 81

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Designations and classifications, 
Intergovernmental relations, Particulate matter, Reporting and 
recordkeeping requirements.

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

    Dated: December 21, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA amends chapter I, 
title 40 of the Code of Federal Regulations as follows:

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

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

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


0
2. In Sec.  81.305 amend the table ``California--2012 Annual 
PM2.5 NAAQS [Primary]'' by revising the entry for ``Plumas 
County, CA'' to read as follows:


Sec.  81.305  California.

* * * * *

[[Page 80079]]



                                       California--2012 Annual PM2.5 NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                       Designation                       Classification
           Designated area \1\            ----------------------------------------------------------------------
                                               Date \2\            Type            Date \2\            Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Plumas County, CA
    Plumas County (part).................  ................  Nonattainment...  January 30, 2023  Serious.
    That portion of Plumas County within
     the following Super Planning
     Watersheds (SPWS), as defined by the
     State of California's Department of
     Conservation Statewide Watershed
     Program: Humbug Valley (#55183301),
     Sulpher Creek (#55183302), Frazier
     Creek (#55183303), and Eureka Lake
     (#55183304)
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Includes areas of Indian country located in each county or area, except as otherwise specified.
\2\ This date is April 15, 2015, unless otherwise noted.

* * * * *
[FR Doc. 2022-28269 Filed 12-28-22; 8:45 am]
BILLING CODE 6560-50-P


