[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Rules and Regulations]
[Pages 63698-63701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2022-0412; FRL-9818-02-R9]


Determinations of Attainment by the Attainment Date, California 
Areas Classified as Serious for the 2008 Ozone National Ambient Air 
Quality Standards and Marginal for the 2015 Ozone National Ambient Air 
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a 
determination that the Nevada County (Western part) and Ventura County 
areas in California, both classified as Serious for the 2008 ozone 
National Ambient Air Quality Standards (NAAQS), attained the 2008 ozone 
NAAQS by the July 20, 2021 attainment date. The EPA is also finalizing 
a determination that six areas in California classified as Marginal for 
the 2015 ozone NAAQS, attained the 2015 ozone NAAQS by the August 3, 
2021 attainment date. These six areas are: Butte County, Calaveras 
County, San Luis Obispo (Eastern part), Sutter Buttes, Tuolumne County, 
and Tuscan Buttes. Our final determination of attainment is based on 
the exclusion of exceedances of the 2008 and 2015 ozone NAAQS that 
occurred on multiple days in 2018 and 2020, because the exceedances 
were due to exceptional events. We are also finalizing our 
determination that the requirement for the State to have contingency 
measures for Reasonable Further Progress (RFP) and attainment for the 
2008 ozone NAAQS for the Nevada County (Western part) and Ventura 
nonattainment areas will no longer apply, because the contingency 
measures will never be needed given the attainment of the NAAQS by the 
attainment date. This action fulfills the EPA's statutory obligation to 
determine whether these ozone nonattainment areas attained the NAAQS by 
the relevant attainment dates.

DATES: The effective date of this rule is November 21, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-EPA-R09-OAR-2022-0412. 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 (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 https://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Laura Lawrence, Air Planning Office 
(AIR-2), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105; 
By phone: (415) 972-3407 or by email: [email protected].

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

Table of Contents

I. Summary of the Proposed Action
II. Public Comment Period and Final Action
III. Summary of Final Action
IV. Statutory and Executive Order Reviews

[[Page 63699]]

I. Summary of the Proposed Action

    On July 14, 2022,\1\ the EPA proposed to determine that two areas 
classified as Serious nonattainment for the 2008 ozone National Ambient 
Air Quality Standards (NAAQS or ``standards'') attained the standards 
by their July 21, 2021 attainment date, and that six areas classified 
as Marginal for the 2015 ozone standards attained the standards by 
their August 3, 2021 attainment date.\2\ The EPA proposed these 
findings to fulfill our statutory obligation under Clean Air Act (CAA 
or the Act) section 181(b)(2) to determine whether areas with 
attainment dates in 2021 attained the relevant standards by their 
applicable attainment dates. These proposed determinations were based 
on complete, quality-assured and certified ozone air quality monitoring 
data for the 2018-2020 calendar years, and based on the exclusion of 
certain exceedances of the 2008 and 2015 ozone NAAQS that occurred on 
multiple days in 2018 and 2020, because the exceedances were due to 
exceptional events.
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    \1\ 87 FR 42126 (July 14, 2022).
    \2\ The 2008 and 2015 ozone NAAQS are both 8-hour standards; the 
2008 ozone NAAQS was set at a level of 0.075 ppm (73 FR 16436, March 
27, 2008), and the 2015 ozone NAAQS was set at a level of 0.070 ppm 
(80 FR 65291, October 26, 2015).
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    Specifically, we proposed to determine than the Ventura County and 
the Nevada County (Western part) (or ``Western Nevada County'') areas 
attained the 2008 ozone NAAQS by the Serious area attainment date of 
July 20, 2021, and that the Butte County, Calaveras County, San Luis 
Obispo (Eastern part) (or ``Eastern San Luis Obispo''), Sutter Buttes, 
Tuloumne County, and Tuscan Buttes areas attained the 2015 ozone NAAQS 
by the Marginal area attainment date of August 3, 2021. A summary of 
the actions proposed for the two areas classified Serious for the 2008 
ozone NAAQS is provided in Table 1 of this document, and a summary of 
the actions proposed for the six areas classified Marginal for the 2015 
ozone NAAQS is provided in Table 2 of this document.

 Table 1--2008 Ozone NAAQS Serious Nonattainment Area Action Summary \a\
------------------------------------------------------------------------
                                       2018-2020     2008 NAAQS attained
   2008 NAAQS nonattainment area     design value      by the Serious
                                         (ppm)        attainment date?
------------------------------------------------------------------------
Nevada County (Western part)......           0.075  Attained.
Ventura County....................           0.075  Attained.
------------------------------------------------------------------------
\a\ The data shown exclude exceedances due to exceptional events.


Table 2--2015 Ozone NAAQS Marginal Nonattainment Area Action Summary \a\
------------------------------------------------------------------------
                                       2018-2020     2015 NAAQS attained
   2015 NAAQS nonattainment area     design value      by the Marginal
                                         (ppm)        attainment date?
------------------------------------------------------------------------
Butte County......................       \b\ 0.070  Attained.
Calaveras County..................           0.069  Attained.
San Luis Obispo (Eastern part)....           0.070  Attained.
Sutter Buttes.....................           0.070  Attained.
Tuolumne County...................           0.070  Attained.
Tuscan Buttes.....................           0.070  Attained.
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\a\ The data shown exclude exceedances due to exceptional events.
\b\ The average percent completeness for one of the monitors in Butte
  County, located in Paradise, CA, is 88 percent due to a power loss
  caused by regional California wildfires. Per 40 CFR part 50, appendix
  U, 4(c) the California Air Resources Board (CARB) submitted a request
  to the Regional Administrator for Region 9 to count missing data for
  79 days between November 8, 2018, and January 25, 2019, towards the
  minimum data completeness requirements. This request was approved and
  results in data completeness over 90 percent on average over the three-
  year period of 2018-2020 for the site; therefore, this design value is
  considered valid. For more information regarding the Paradise monitor
  data certification and the state's request, see the Technical Support
  Document for the proposed action and data certification letters
  included in the docket.

    In our proposed rule, we also proposed to determine that, if the 
proposed determinations of attainment by the attainment date were 
finalized for the Ventura County and Western Nevada County 
nonattainment areas, then the requirement for the State to have 
contingency measures for failure to meet RFP and failure to attain for 
the 2008 ozone NAAQS would no longer apply, because contingency 
measures would never be needed given the attainment of the NAAQS by the 
attainment date (see section II.D of the proposed rule).
    Our proposed rule includes additional information about ozone air 
pollution, the NAAQS, and the statutory and regulatory bases for making 
these proposed determinations of attainment. Our proposed rule and the 
Technical Support Document (TSD) accompanying the proposed rule also 
include additional information about the relevant nonattainment areas, 
information about areas of Indian Country within the nonattainment 
areas, and additional information about the data considered for this 
action.

II. Public Comment Period and Final Action

    The public comment period for the EPA's July 14, 2022 proposal 
closed on August 15, 2022. We received no comments on our proposal.
    Pursuant to section 181(b)(2)(A) of the CAA and 40 CFR 51.1303, the 
EPA is making final determinations that the Serious nonattainment areas 
listed in Table 1 attained the 2008 ozone NAAQS by the applicable 
attainment date of July 20, 2021, and the Marginal nonattainment areas 
listed in Table 2 attained the 2015 ozone NAAQS by the applicable 
attainment date of August 3, 2021. Once effective, this final action 
satisfies the EPA's obligation pursuant to CAA section 181(b)(2)(A) to 
determine, based on an area's air quality as of the attainment date, 
whether the area attained the standard by the applicable attainment 
date. This determination also establishes that, in

[[Page 63700]]

accordance with CAA section 181(b)(2)(A), the area will not be 
reclassified for failure to attain by the applicable attainment date.
    The EPA is also making a final determination that the requirement 
for the Western Nevada County and Ventura nonattainment areas to have 
contingency measures for failure to meet RFP and failure to attain the 
2008 ozone NAAQS by the attainment date no longer applies, because 
contingency measures can never be triggered given the attainment of the 
NAAQS by the attainment date. This finding will not prevent the EPA, in 
the event that an area subsequently violates the NAAQS, from exercising 
its authority under the CAA to address violations of the NAAQS.\3\ Our 
proposed rule has more information about the EPA's rationale for these 
actions.
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    \3\ See Bahr v Regan, 6 F.4th 1059, 1085 (9th Cir. 2021); see 
also 42 U.S.C. 7407(d)(3).
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    These determinations of attainment do not constitute a 
redesignation to attainment under CAA section 107(d)(3). The EPA may 
redesignate an area if a state meets additional statutory criteria, 
including the EPA approval of a state plan demonstrating maintenance of 
the air quality standard for 10 years after redesignation, as required 
under CAA section 175A. As for all NAAQS, the EPA is committed to 
working with states that choose to submit redesignation requests for 
areas that are attaining the 2008 and 2015 ozone NAAQS.

III. Summary of Final Action

    For the reasons set forth in our proposed rule and summarized in 
this document, we are determining that:
     The Ventura County and Western Nevada County nonattainment 
areas attained the 2008 ozone NAAQS by the July 20, 2021 attainment 
date;
     The Butte County, Calaveras County, Eastern San Luis 
Obispo County, Sutter Buttes, Tuolumne County, and Tuscan Buttes 
nonattainment areas attained the 2015 ozone NAAQS by the August 3, 2021 
attainment date; and
     The CAA requirement for the SIP to provide for contingency 
measures for attainment and RFP will no longer apply to the Ventura 
County and Western Nevada County nonattainment areas for the 2008 ozone 
NAAQS.
    As noted in section II of this document, we are not taking action 
to redesignate any area to attainment. The EPA would consider a 
redesignation to attainment for these areas following a submittal by 
the State of a formal redesignation request and maintenance plan.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www2.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 was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This rule does not impose any new information collection burden 
under the PRA not already approved by the OMB.

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.

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. 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, tribes, or the relationship 
between the National Government and the states and tribes, or on the 
distribution of power and responsibilities among the various levels of 
government.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires the EPA to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' ``Policies that 
have tribal implications'' is defined in the Executive order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian Tribes.''
    The EPA has identified tribal areas within three of the 
nonattainment areas covered by this action, that would be potentially 
affected by this action. Specifically, the Butte County, Calaveras 
County, and Tuolumne County nonattainment areas addressed in this 
action include areas of Indian country located within the nonattainment 
area boundaries. A full list of tribes in these nonattainment areas is 
found in section I.D of the proposed action and in the TSD accompanying 
the proposed action.
    The EPA has concluded that this action may have tribal implications 
for these tribes for the purposes of Executive Order 13175, but would 
not impose substantial direct costs upon the tribes, nor would it 
preempt tribal law. The determinations we are finalizing in this rule 
apply throughout the nonattainment area, including on tribal lands 
within the nonattainment areas. As noted in our proposed rule, and in 
section II of this document, the nonattainment areas, including the 
tribal lands within the nonattainment areas, will remain designated 
nonattainment and will retain their existing classifications.
    At the time of our proposed action, the EPA notified the tribes 
located within the boundaries of the nonattainment areas addressed in 
this action, and we plan to notify them of this final action. Because 
this action did not change the tribe's existing nonattainment 
designation or classification, we did not offer government-to-
government consultation on our proposed action, however, as stated in 
our proposed action, the EPA would initiate government-to-government 
consultation at the request of any tribe. The EPA did not receive any 
requests for consultation on this action.

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 it does not concern an environmental 
health risk or safety risk.

[[Page 63701]]

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

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001) because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

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

    CAA 181(b)(2)(A) directs the Administrator to determine, within 6 
months following the applicable attainment date, and based on the 
area's design value as of the attainment date, whether the area 
attained the standard by that date. There is no information in the 
record indicating that this action would be 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. The rule makes factual determinations for specific 
entities and does not directly regulate any entities. The determination 
of attainment by the attainment date 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 December 19, 2022. 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, Administrative practice and procedure, 
Air pollution control, Designations and classifications, Incorporation 
by reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: October 6, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, part 52, chapter 1, 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 52.282 is amended by adding paragraph (n) to read as 
follows:


Sec.  52.282  Control strategy and regulations: Ozone.

* * * * *
    (n) Determinations of attainment by the attainment date. Effective 
November 21, 2022.
    (1) Determinations of attainment by the attainment date. The EPA 
has determined that the Nevada County (Western part) and Ventura County 
Serious nonattainment areas in California attained the 2008 8-hour 
ozone National Ambient Air Quality Standards (NAAQS) by the applicable 
attainment date of July 20, 2021, based upon complete, quality-assured 
and certified data for the calendar years 2018-2020.
    (2) Determinations of attainment by the attainment date. The EPA 
has determined that the Butte County, Calaveras County, San Luis Obispo 
(Eastern part), Sutter Buttes, Tuolumne County, and Tuscan Buttes 
Marginal nonattainment areas in California attained the 2015 8-hour 
ozone National Ambient Air Quality Standards (NAAQS) by the applicable 
attainment date of August 3, 2021, based upon complete, quality-assured 
and certified data for the calendar years 2018-2020.

[FR Doc. 2022-22192 Filed 10-19-22; 8:45 am]
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