[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Rules and Regulations]
[Pages 42018-42021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0799; FRL-9833-2]


Determination of Attainment for the Sacramento Nonattainment Area 
for the 2006 Fine Particle Standard; California; Determination 
Regarding Applicability of Clean Air Act Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to determine that the Sacramento 
nonattainment area in California has attained the 2006 24-hour fine 
particle (PM2.5) National Ambient Air Quality Standard 
(NAAQS or standard). This determination is based upon complete, 
quality-assured, and certified ambient air monitoring data showing that 
this area has monitored attainment of the 2006 24-hour PM2.5 
NAAQS based on the 2010-2012 monitoring period. Based on the above 
determination, the requirements for this area to submit an attainment 
demonstration, together with reasonably available control measures, a 
reasonable further progress (RFP) plan, and contingency measures for 
failure to meet RFP and attainment deadlines are suspended for so long 
as the area continues to attain the 2006 24-hour PM2.5 
NAAQS.

DATES: Effective Date: This rule is effective on August 14, 2013.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2012-0799 for 
this action. Generally, documents in the docket for this action are 
available electronically at www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed at www.regulations.gov, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material, large maps, multi-volume reports), and 
some may not be publicly available in either location (e.g., 
Confidential Business Information). To inspect the hard copy materials, 
please schedule an appointment during normal business hours with the 
contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, (415) 972-3963, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' are used, we mean EPA.

Table of Contents

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

I. Summary of EPA's Proposed Action

    On October 26, 2012 (77 FR 65346), EPA proposed to determine that 
the Sacramento nonattainment area in California has attained the 2006 
24-hour NAAQS for fine particles (generally referring to particles less 
than or equal to 2.5 micrometers in diameter, PM2.5). The 
2006 24-hour PM2.5 NAAQS is 35 micrograms per cubic meter 
([micro]g/m\3\), based on a 3-year average of the 98th percentile of 
24-hour concentrations. The Sacramento PM2.5 nonattainment 
area includes Sacramento County, the western portions of El Dorado and 
Placer counties, and the eastern portions of Solano and Yolo counties. 
Other than the El Dorado County portion of the nonattainment area, the 
Sacramento PM2.5 nonattainment area lies within the 
Sacramento Valley Air Basin.
    In our proposed rule, we explained how EPA makes an attainment 
determination for the 2006 24-hour PM2.5 NAAQS by reference 
to complete, quality-assured data gathered at a State and Local Air 
Monitoring Station(s) (SLAMS) and entered into EPA's Air Quality System 
(AQS) database and by reference to 40 CFR 50.13 (``National primary and 
secondary ambient air quality standards for PM2.5'') and 
appendix N to [40 CFR] part 50 (``Interpretation of the National 
Ambient Air Quality Standards for PM2.5''). EPA proposed the 
determination of attainment for the Sacramento nonattainment area based 
upon a review of the monitoring network and the ambient air quality 
data collected at the monitoring sites during the 2009-2011 period. The 
monitoring network in the area is operated by the California Air 
Resources Board (CARB) and three local air pollution control agencies 
in the area: Sacramento Metropolitan Air Quality Management District, 
Placer County Air Pollution Control District, and Yolo-Solano Air 
Quality Management District. Based on these reviews, EPA found that 
complete, quality-assured and certified data for the

[[Page 42019]]

Sacramento nonattainment area showed that the 24-hour design value for 
the 2009-2011 period was equal to or less than 35 [micro]/m\3\ at all 
five SLAMs monitor sites.
    Since publication of our October 26, 2012 proposal, CARB and the 
air districts within the Sacramento nonattainment area have entered 
data into AQS for the final two quarters of 2012 and the first quarter 
of 2013, and have certified the data for 2012.\1\ Thus, we now have 
complete, quality-assured for 2010-2012.
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    \1\ See letter from Sylvia Vanderspek, Chief, Air Quality Data 
Branch, Planning and Technical Support Division, CARB, to Jared 
Blumenfeld, Regional Administrator, U.S. EPA Region IX, certifying 
calendar year 2012 ambient air quality data and quality assurance 
data, May 16, 2013.
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    Because we make determinations of attainment based on the most 
recent 3 years of complete, quality-assured and certified data, we have 
updated the proposed determination of attainment (which had been based 
on 2009-2011 data) to reflect the 2010-2012 period. Specifically, we 
have updated table 1 (shown below) from the proposed rule to reflect 
the data for 2012, including data from the newly established Auburn 
monitoring site. As shown in table 1, the design value (31 [micro]g/
m\3\) in the Sacramento nonattainment area for the 2010-2012 period is 
less than 35 [micro]g/m\3\ and thus shows that the area has attained 
the 2006 24-hour PM2.5 standard. Therefore, we are taking 
final action today to determine that the Sacramento nonattainment area 
has attained the 2006 24-hour PM2.5 standard based on 
complete, quality-assured and certified data for 2010-2012. Preliminary 
data for 2013 (not shown in table 1 but included in the docket for this 
action) show that the area continues to attain the standard.

                       Table 1--2009-2012 24-Hour PM2.5 Monitoring Sites and Design Values for the Sacramento Nonattainment Area c
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                                                                                             98th percentile ([mu]g/m\3\)          Design values ([mu]g/
                                                                        AQS Site     --------------------------------------------          m\3\)
                          Monitoring site                            identification                                              -----------------------
                                                                           no.           2009       2010       2011       2012    2009-2011   2010-2012
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Auburn\a\.........................................................       06-061-0003        n/a        n/a        n/a       15.7        n/a          n/a
Roseville.........................................................       06-061-0006       21.3       20.3       23.0       14.9         22           19
Sacramento--Del Paso Manor........................................       06-067-0006       38.7       27.0       39.8       27.1      \b\35           31
Sacramento--1309 T Street.........................................       06-067-0010       27.2       27.3       45.1       20.5         33           31
Sacramento Health Dept--Stockton Blvd.............................       06-067-4001       34.9       26.5       44.8       20.5      \a\35           31
Woodland..........................................................       06-113-1003       27.4       18.6       25.8       14.2         24           20
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\a\ The Auburn site (AQS ID 06-061-0003) started operating in January, 2012 and, therefore, does not have a valid design value.
\b\ The average of the 98th percentile values for 2009-2011 equals 35.2 and 35.4 at the Del Paso Manor and Stockton Blvd. sites, respectively, but
  consistent with applicable rounding conventions in 40 CFR part 50, Appendix N, section 4.3, 24-hour standard design values are rounded to the nearest
  1 [mu]g/m\3\ (decimals 0.5 and greater are rounded up to the nearest whole number, and any decimal lower than 0.5 is rounded down to the nearest whole
  number).
\c\ Source: Design Value Report, May 30, 2013 (in the docket to this final action).

    In our proposed rule, based on the proposed determination of 
attainment, we also proposed to apply EPA's Clean Data Policy to the 
2006 24-hour PM2.5 NAAQS and thereby suspend the 
requirements for this area to submit an attainment demonstration and 
associated reasonably available control measures (RACM), a reasonable 
further progress (RFP) plan, and contingency measures for so long as 
the area continues to attain the 2006 24-hour PM2.5 NAAQS. 
See pages 65348-65350 of our October 26, 2012 proposed rule. In 
proposing to apply the Clean Data Policy to the 2006 24-hour 
PM2.5 NAAQS, we explained how we are applying the same 
statutory interpretation with respect to the implications of clean data 
determinations that the Agency has long applied in regulations for the 
1997 8-hour ozone and PM2.5 NAAQS and in individual 
rulemakings for the 1-hour ozone, PM10 and lead NAAQS. See 
77 FR 65346, at 65349 (October 26, 2012).
    EPA notes that on January 4, 2013, in Natural Resources Defense 
Council v. EPA, the DC Circuit remanded to EPA the ``Final Clean Air 
Fine Particle Implementation Rule'' (72 FR 20586, April 25, 2007) and 
the ``Implementation of the New Source Review (NSR) Program for 
Particulate Matter Less than 2.5 Micrometers (PM2.5)'' final 
rule (73 FR 28321, May 16, 2008) (collectively, ``1997 PM2.5 
Implementation Rule'' or ``Implementation Rule''). 706 F.3d 428 (DC 
Cir. 2013). While the DC Circuit, in its January 4, 2013 decision, 
remanded the 1997 PM2.5 Implementation Rule to EPA to re-
promulgate the Implementation Rule pursuant to subpart 4,\2\ the court 
did not address the merits of that regulation, nor cast doubt on EPA's 
interpretation of the statutory provisions under its Clean Data Policy.
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    \2\ EPA established the Implementation Rule pursuant to subpart 
1 (``Nonattainment Areas in General'') of part D (``Plan 
Requirements for Nonattainment Areas'') of title I of the CAA. 
Subpart 4 (``Additional Provisions for Particulate Matter 
Nonattainment Areas'') includes more prescriptive SIP nonattainment 
area requirements than those set forth in subpart 1.
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    EPA has taken the Court's decision into consideration in evaluating 
the effects of a determination of attainment for the Sacramento 
nonattainment area under subpart 4, in addition to subpart 1.\3\ 
Pursuant to EPA's Clean Data Policy interpretation, a determination 
that the area has attained the standard suspends the State's obligation 
to submit attainment-related planning requirements of subpart 4 (as 
well as the applicable provisions of subpart 1) for so long as the area 
continues to attain the standard. These include requirements to submit 
an attainment demonstration, RFP, RACM, and contingency measures, 
because the purpose of these provisions is to help

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reach attainment, a goal that has already been achieved. Thus, under 
both subpart 1 and subpart 4, a determination of attainment suspends a 
state's obligations to submit attainment-linked planning requirements 
for so long as the area continues in attainment.
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    \3\ For the purposes of evaluating the effects of this 
determination of attainment under subpart 4, we are considering 
Sacramento to be a ``moderate'' PM2.5 nonattainment area. 
Under section 188 of the CAA, all areas designated nonattainment 
areas under subpart 4 would initially be classified by operation of 
law as ``moderate'' nonattainment areas, and would remain moderate 
nonattainment areas unless and until EPA reclassifies the area as a 
``serious'' nonattainment area. Accordingly, the evaluation of the 
potential impact of subpart 4 requirements is limited to those 
applicable to moderate nonattainment areas. Sections 189(a) and (c) 
of subpart 4 apply to moderate nonattainment areas and include: An 
attainment demonstration (section 189(a)(1)(B)); provisions for RACM 
(section 189(a)(1)(C)); and quantitative milestones demonstrating 
RFP toward attainment by the applicable attainment date (section 
189(c)). In addition, EPA also evaluates the applicable requirements 
of subpart 1.
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    EPA has long applied its Clean Data interpretation under subpart 4 
in implementing the PM10 standard.\4\ In EPA's proposed and 
final rulemakings determining that the San Joaquin Valley nonattainment 
area attained the PM10 standard, EPA set forth at length its 
rationale for applying the Clean Data Policy to subpart 4. The Ninth 
Circuit upheld EPA's final rulemaking, and specifically EPA's Clean 
Data Policy, in the context of subpart 4. Latino Issues Forum v. EPA, 
supra. Nos. 06-75831 and 08-71238 (9th Cir.), Memorandum Opinion, March 
2, 2009. In rejecting petitioner's challenge to the Clean Data Policy 
under subpart 4 for PM10, the Ninth Circuit stated, ``As the 
EPA explained, if an area is in compliance with PM10 
standards, then further progress for the purpose of ensuring attainment 
is not necessary.''
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    \4\ See, e.g., 75 FR 6571 (February 10, 2010) (Baton Rouge, 
Louisiana area); 71 FR 6352 (February 8, 2006) (Ajo, Arizona area); 
71 FR 13021 (March 14, 2006) (Yuma, Arizona area); 71 FR 40023 (July 
14, 2006) (Weirton, West Virginia area); 71 FR 44920 (August 8, 
2006) (Rillito, Arizona area); 71 FR 63642 (October 30, 2006) (San 
Joaquin Valley, California area); 72 FR 14422 (March 28, 2007) 
(Miami, Arizona area); and 75 FR 27944 (May 19, 2010) (Coso 
Junction, California area). Thus EPA has established that, under 
subpart 4, an attainment determination suspends the obligations to 
submit an attainment demonstration, RACM, RFP, contingency measures, 
and other measures related to attainment.
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    EPA is determining, based on the most recent three years of 
complete, quality-assured data meeting the requirements of 40 CFR part 
50, appendix N, that the Sacramento nonattainment area is currently 
attaining the 2006 24-hour PM2.5 NAAQS. In conjunction with 
and based upon our determination that Sacramento nonattainment area has 
attained and is currently attaining the standard, EPA is also 
determining that the obligation to submit the following attainment-
related planning requirements is not applicable for so long as the area 
continues to attain the PM2.5 standard: The part D, subpart 
4 obligations to provide an attainment demonstration pursuant to 
section 189(a)(1)(B); the RACM provisions of section 189(a)(1)(C); the 
RFP provisions of section 189(c); and the related attainment 
demonstration, RACM, RFP and contingency measure provisions 
requirements of subpart 1, section 172. This determination does not 
constitute a redesignation to attainment under CAA section 107(d)(3).
    Please see the October 26, 2012 proposed rule for more detailed 
information concerning the PM2.5 NAAQS, designations of 
PM2.5 nonattainment areas, the regulatory basis for 
determining attainment of the NAAQS, the Sacramento nonattainment 
area's PM2.5 monitoring network, and EPA's review and 
evaluation of the data.

II. Public Comments

    EPA's proposed rule provided a 30-day public comment period. We 
received no comments.

III. EPA's Final Action

    For the reasons provided in the proposed rule and summarized 
herein, EPA is taking final action to determine that the Sacramento 
nonattainment area in California has attained the 2006 24-hour 
PM2.5 NAAQS based on three years of complete, quality-
assured, and certified data in AQS for 2010-2012. Preliminary data for 
2013 show that this area continues to attain the NAAQS.
    EPA is also taking final action, based on the above determination 
of attainment, to suspend the requirements for the Sacramento 
nonattainment area to submit an attainment demonstration and associated 
RACM, a RFP plan, contingency measures, and any other planning SIPs 
related to attainment of the 2006 24-hour PM2.5 NAAQS for so 
long as the area continues to attain the 2006 24-hour PM2.5 
NAAQS. EPA's final action is consistent and in keeping with its long-
held interpretation of CAA requirements, as well as with EPA's 
regulations for similar determinations for ozone (see 40 CFR 51.918) 
for the 1997 8-hour ozone and in individual rulemakings for the 1-hour 
ozone, PM10 and lead NAAQS.
    Today's final action does not constitute a redesignation of the 
Sacramento nonattainment area to attainment for the 2006 24-hour 
PM2.5 NAAQS under CAA section 107(d)(3) because we have not 
yet approved a maintenance plan for the Sacramento nonattainment area 
as meeting the requirements of section 175A of the CAA or determined 
that the area has met the other CAA requirements for redesignation. The 
classification and designation status in 40 CFR part 81 remain 
nonattainment for this area until such time as EPA determines that 
California has met the CAA requirements for redesignating the 
Sacramento nonattainment area to attainment.
    If the Sacramento nonattainment area continues to monitor 
attainment of the 2006 24-hour PM2.5 NAAQS, the requirements 
for the area to submit an attainment demonstration and associated RACM, 
a RFP plan, contingency measures, and any other planning requirements 
related to attainment of the 2006 24-hour PM2.5 NAAQS will 
remain suspended. If after today's action EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 2006 24-hour PM2.5 NAAQS, the basis 
for the suspension of the attainment planning requirements for the area 
would no longer exist, and the area would thereafter have to address 
such requirements.

IV. Statutory and Executive Order Reviews

    This final action makes a determination of attainment based on air 
quality and suspends certain federal requirements, and thus, this 
action would not impose additional requirements beyond those imposed by 
state law. For this reason, the final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 CAA; and
     Does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible

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methods under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this final action does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP obligations discussed herein do not apply to Indian 
Tribes, and thus this action will not impose substantial direct costs 
on tribal governments or preempt tribal law.
    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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 13, 2013. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Particulate Matter, Sulfur oxides, 
Reporting and recordkeeping requirements.

    Dated: June 28, 2013.
Alexis Strauss,
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 52.247 is amended by adding paragraph (c) to read as 
follows:


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

* * * * *
    (c) Determination of Attainment: Effective August 14, 2013, EPA has 
determined that, based on 2010 to 2012 ambient air quality data, the 
Sacramento PM2.5 nonattainment area has attained the 2006 
24-hour PM2.5 NAAQS. This determination suspends the 
requirements for this area to submit an attainment demonstration, 
associated reasonably available control measures, a reasonable further 
progress plan, contingency measures, and other planning SIPs related to 
attainment for as long as this area continues to attain the 2006 24-
hour PM2.5 NAAQS. If EPA determines, after notice-and-
comment rulemaking, that this area no longer meets the 2006 24-hour 
PM2.5 NAAQS, the corresponding determination of attainment 
for that area shall be withdrawn.

[FR Doc. 2013-16785 Filed 7-12-13; 8:45 am]
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