[Federal Register Volume 87, Number 210 (Tuesday, November 1, 2022)]
[Proposed Rules]
[Pages 65719-65723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23344]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and Part 81

[EPA-R09-OAR-2022-0815; FRL-10250-01-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: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 proposed determination 
is based on ambient air quality monitoring data from 2019 through 2021. 
If the EPA finalizes this determination as proposed, then 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 a 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: Any comments must arrive by December 1, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0815 at https://www.regulations.gov. For comments submitted at 
Regulations.gov, follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. 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 
(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. Background and Regulatory Context
    A. The 2012 Annual PM2.5 National Ambient Air Quality 
Standard
    B. Clean Air Act Requirements for PM2.5 Nonattainment 
Areas
    C. Plumas County Designation for the 2012 PM2.5 NAAQS 
and State Implementation Plan Requirements
II. Proposed Determination and Associated Rationale
    A. Applicable Statutory and Regulatory Provisions
    B. Monitoring Network Review, Quality Assurance, and Data 
Completeness
    C. The EPA's Evaluation of Attainment
III. Reclassification as Serious Nonattainment and Serious Area SIP 
Requirements
    A. Reclassification as Serious and Applicable Attainment Date
    B. Clean Air Act Requirements for Serious Area Plans
IV. Summary of Our Proposed Action
V. Statutory and Executive Order Reviews

I. Background and Regulatory Context

A. The 2012 Annual PM2.5 National Ambient Air Quality Standard

    Under section 109 of the Clean Air Act, the EPA has established 
NAAQS for certain pervasive air pollutants (referred to as ``criteria 
pollutants'') and conducts periodic reviews of the NAAQS to determine 
whether they should be revised or whether new NAAQS should be 
established. The EPA established these standards after considering 
substantial evidence from numerous health studies demonstrating that 
serious adverse health effects are associated with exposures to these 
criteria pollutants.\1\
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    \1\ For a given air pollutant ``primary'' NAAQS are those 
determined by the EPA as requisite to protect the public health, 
allowing an adequate margin of safety, and ``secondary'' standards 
are those determined by the EPA as requisite to protect the public 
welfare from any known or anticipated adverse effects associated 
with the presence of such air pollutant in the ambient air. See CAA 
section 109(b).
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    Particulate matter includes particles with diameters that are 
generally 2.5 microns or smaller (PM2.5), and particles with 
diameters that are generally 10 microns or smaller (PM10). 
PM2.5 can be emitted by sources directly into the atmosphere 
as a solid or liquid particle (``primary PM2.5'' or ``direct 
PM2.5'') or can be formed in the atmosphere (``secondary 
PM2.5'') as a result of various chemical reactions among 
precursor pollutants such as nitrogen oxides (NOX), sulfur 
dioxide (SO2), volatile organic compounds (VOC), and ammonia 
(NH3).\2\
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    \2\ 80 FR 15340, 15342 (March 23, 2015).
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    Epidemiological studies have shown statistically significant 
correlations between elevated PM2.5 levels and detrimental 
effects to human health and

[[Page 65720]]

the environment. The health effects associated with PM2.5 
exposure include changes in lung function resulting in the development 
of respiratory symptoms, aggravation of existing respiratory 
conditions, and cardiovascular disease (as indicated by increased 
hospital admissions, emergency room visits, absences from school or 
work, and restricted activity days), and premature mortality. 
Individuals particularly sensitive to PM2.5 exposure include 
older adults, people with heart and lung disease, and children.\3\ 
Elevated PM2.5 levels also have adverse secondary effects 
such as visibility impairment and damage to vegetation and ecosystems.
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    \3\ EPA, Air Quality Criteria for Particulate Matter, No. EPA/
600/P-99/002aF and EPA/600/P-99/002bF, October 2004.
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    On July 18, 1997, the EPA first established annual and 24-hour 
NAAQS for PM2.5.\4\ The annual primary and secondary 
standards were set to 15.0 micrograms per cubic meter ([mu]g/m\3\) 
based on a 3-year average of annual mean PM2.5 
concentrations. Then, on January 15th, 2013, in order to provide 
increased protection of public health, the EPA promulgated a more 
stringent annual PM2.5 NAAQS, revising the primary standard 
to 12.0 [mu]g/m\3\ based on a 3-year average of annual mean 
PM2.5 concentrations, while retaining the secondary standard 
at 15.0 [mu]g/m\3\.\5\
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    \4\ 62 FR 38652 (July 18, 1997). In October 2006, the EPA 
lowered the 24-hour NAAQS for PM2.5 from 65 micrograms 
per cubic meter ([mu]g/m3) to 35 [mu]g/m3. 71 
FR 61144 (October 17, 2006).
    \5\ 78 FR 3086 (January 15, 2013) and 40 CFR 50.18. Unless 
otherwise noted, all references to the PM2.5 NAAQS in 
this document are to the 2012 annual NAAQS of 12.0 [mu]g/m\3\, 
codified at 40 CFR 50.18.
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B. Clean Air Act Requirements for PM2.5 Nonattainment Areas

    The CAA requires states to develop a SIP that provides generally 
for the attainment, maintenance, and enforcement of the NAAQS. In 
addition, the CAA requires states to make a specific type of SIP 
submittal, a nonattainment plan submittal, that imposes additional 
controls for purposes of attaining the PM2.5 NAAQS, to 
achieve reductions of PM2.5 and PM2.5 precursor 
emissions.
    The general CAA part D nonattainment area planning requirements are 
found in subpart 1 and the nonattainment area planning requirements 
specific to particulate matter are found in subpart 4. The subpart 1 
statutory requirements for attainment plans include the following: the 
section 172(c)(1) requirements for reasonably available control 
measures (RACM)/reasonably available control technology (RACT) and 
attainment demonstrations; the section 172(c)(2) requirement to 
demonstrate reasonable further progress (RFP); the section 172(c)(3) 
requirement for emissions inventories; the section 172(c)(5) 
requirements for a nonattainment new source review (NNSR) permitting 
program; and the section 172(c)(9) requirement for contingency 
measures.
    The more specific subpart 4 statutory requirements for Moderate 
PM2.5 nonattainment areas include the following: the section 
189(a)(1)(A) NNSR permit program requirements; the section 189(a)(1)(B) 
requirements for attainment demonstrations; the section 189(a)(1)(C) 
requirements for RACM; the section 189(c) requirements for RFP and 
quantitative milestones; and the section 189(e) requirement for 
controls on sources of particulate matter precursors.
    Under subpart 4, states with Moderate PM2.5 
nonattainment areas must provide for attainment in the area as 
expeditiously as practicable but no later than the end of the sixth 
calendar year after designation. For the 2012 PM2.5 annual 
NAAQS, this date is December 31, 2021. In addition, under subpart 4, 
direct PM2.5 and all precursors to the formation of 
PM2.5 are subject to control unless the EPA approves a 
demonstration from the state establishing that a given precursor does 
not contribute significantly to PM2.5 levels that exceed the 
PM2.5 NAAQS in the area.\6\
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    \6\ 40 CFR 51.1006 and 51.1009.
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    To implement the PM2.5 NAAQS, the EPA has also 
promulgated the ``Fine Particle Matter National Ambient Air Quality 
Standard: State Implementation Plan Requirements; Final Rule'' 
(``PM2.5 Implementation Rule'').\7\ The PM2.5 
Implementation Rule provides additional regulatory requirements and 
guidance applicable to attainment plan submittals for the 
PM2.5 NAAQS, including the 2012 annual PM2.5 
NAAQS at issue in this action.
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    \7\ 81 FR 58010 (August 24, 2016).
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C. Plumas County Designation for the 2012 PM2.5 NAAQS and State 
Implementation Plan Requirements

    Following promulgation of new or revised NAAQS, the EPA is required 
under CAA section 107(d) to designate regions throughout the nation as 
attaining or not attaining these NAAQS. Those regions found not to be 
attaining the NAAQS are also given a classification that describes the 
degree of nonattainment. Under subpart 4 of part D of title I of the 
CAA, the EPA designates areas found to be violating the 
PM2.5 NAAQS, and areas that contribute to such violations, 
as nonattainment and classifies them initially as Moderate 
nonattainment areas.
    Effective January 15, 2015, the EPA designated a portion of Plumas 
County as a Moderate nonattainment area (``Portola nonattainment 
area'') for the 2012 PM2.5 NAAQS based on ambient monitoring 
data that showed the area was above the 12.0 [mu]g/m\3\ primary 
standard for the 3-year 2011-2013 monitoring period.\8\ For this 2011-
2013 monitoring period, the annual PM2.5 design value \9\ 
for the Portola nonattainment area was 12.8 [mu]g/m\3\ from readings at 
the Portola PM2.5 monitoring site.\10\
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    \8\ 80 FR 2206 (January 15, 2015).
    \9\ A design value is the 3-year average NAAQS metric that is 
compared to the NAAQS level to determine when a monitoring site 
meets or does not meet the NAAQS. The specific methodologies for 
calculating whether the annual PM2.5 NAAQS is met at each 
eligible monitoring site in an area are found in 40 CFR part 50, 
Appendix N, section 4.1.
    \10\ From 2000 through early 2013, the Portola PM2.5 
monitoring site was located at 161 Nevada Street. In 2013, the site 
was relocated to 420 Gulling Street where it remains to date.
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    This Moderate nonattainment designation and classification required 
the state of California to submit an attainment plan for the Portola 
nonattainment area, in accordance with the requirements of CAA sections 
172(c) and 189(a), (c), and (e), demonstrating attainment of the NAAQS 
as expeditiously as practical but no later than the end of the sixth 
calendar year following the designation, or December 31, 2021, which is 
the latest permissible attainment date under CAA section 188(c)(2).
    Under state law, the local air district with the primary 
responsibility for developing a plan to attain the 2012 annual 
PM2.5 NAAQS in this area is the Northern Sierra Air Quality 
Management District (NSAQMD or ``District''). The District worked with 
the California Air Resources Board (CARB) in preparing the plan. On 
February 28, 2017, California submitted the ``Portola Fine Particulate 
Matter (PM2.5) Attainment Plan'' (``Portola PM2.5 
Plan'') to address the CAA's Moderate nonattainment area requirements 
for the 2012 annual PM2.5 NAAQS. On March 25, 2019, the EPA 
fully approved the Portola PM2.5 Plan, except for the 
contingency measure elements.\11\ California later submitted a revision 
to Portola PM2.5 Plan (``PM2.5 Plan Revision''), 
which included a contingency measure adopted in an ordinance by the 
City of Portola.
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    \11\ 84 FR 11208 (March 25, 2019).
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    On April 2, 2021, the EPA took final action to approve the 
PM2.5 Plan

[[Page 65721]]

Revision.\12\ We also found that the contingency measure element of the 
Portola PM2.5 Plan, as revised and supplemented by the 
Proposed PM2.5 Plan Revision, satisfied the requirements for 
contingency measures in CAA section 172(c)(9) and 40 CFR 51.1014 for 
purposes of the 2012 PM2.5 NAAQS in the Portola 
nonattainment area.\13\
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    \12\ 86 FR 12263 (March 3, 2021).
    \13\ Id.
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II. Proposed Determination and Associated Rationale

A. Applicable Statutory and Regulatory Provisions

    Sections 179(c)(1) and 188(b)(2) of the CAA require the EPA to 
determine whether a PM2.5 nonattainment area attained by the 
applicable attainment date, based on the area's air quality ``as of the 
attainment date.'' Generally, this determination of whether an area's 
air quality meets the PM2.5 standard(s) is based upon the 
most recent three years of complete, certified data gathered at 
eligible monitoring sites in accordance with 40 CFR part 58.\14\ The 
requirements of 40 CFR part 58 include quality assurance procedures for 
monitor operation and data handling, siting parameters for instruments 
or instrument probes, and minimum ambient air quality monitoring 
network requirements. State, local, or tribal agencies operating air 
monitoring sites, in accordance with 40 CFR part 58, must enter the 
ambient air quality data and associated quality assurance data from 
these sites into the EPA's Air Quality System (AQS) database.\15\ These 
monitoring agencies certify annually that these data are accurate to 
the best of their knowledge, taking into consideration the quality 
assurance findings.\16\ Accordingly, the EPA relies primarily on AQS 
data when determining the attainment status of an area. In determining 
whether data are suitable for regulatory determinations, the EPA uses a 
``weight of evidence'' approach, considering the requirements of 40 CFR 
part 58, Appendix A ``in combination with other data quality 
information, reports, and similar documentation that demonstrate 
overall compliance with Part 58.'' \17\
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    \14\ 40 CFR part 50, Appendix N, section 3.0.
    \15\ 40 CFR 58.16. AQS is the EPA's national repository of 
ambient air quality data.
    \16\ 40 CFR 58.15(a).
    \17\ 40 CFR part 58, Appendix A, section 1.2.3.
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    The 2012 primary annual PM2.5 standard is met when the 
three year average of the annual arithmetic mean concentration, as 
determined in accordance with 40 CFR part 50 appendix N, is less than 
or equal to 12.0 [mu]g/m\3\ at each eligible monitoring site.\18\ For 
the annual PM2.5 standard, eligible monitoring sites are 
those monitoring stations that meet the criteria specified in 40 CFR 
58.11 and 58.30, and thus are approved for comparison to the annual 
PM2.5 NAAQS.\19\ Three years of valid annual means are 
required to produce a valid annual PM2.5 NAAQS design 
value.\20\ Data completeness requirements for a given year are met when 
at least 75 percent of the scheduled sampling days for each quarter 
have valid data.\21\
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    \18\ 40 CFR 50.18(b); 40 CFR part 50, Appendix N, section 
4.1(a).
    \19\ 40 CFR part 50, Appendix N, section 1.0(c).
    \20\ 40 CFR part 50, Appendix N, section 4.1(b).
    \21\ Id.
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B. Monitoring Network Review, Quality Assurance, and Data Completeness

    CARB is the governmental agency with the primary authority and 
responsibility under the State's laws for collecting ambient air 
quality data for the Portola nonattainment area. The Portola monitoring 
site (AQS ID: 06-063-1010) is the only regulatory PM2.5 
monitoring site in the Portola nonattainment area and is operated by 
CARB. CARB submits annual monitoring network plans to the EPA 
documenting the status of CARB's air monitoring network, as required 
under 40 CFR 58.10.\22\ The EPA reviews these annual network plans for 
compliance with specific requirements in 40 CFR part 58. With respect 
to the Portola nonattainment area, we have found that the annual 
network plans submitted by CARB meet these requirements under 40 CFR 
part 58, including minimum monitoring requirements.\23\
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    \22\ We have included copies of CARB's annual monitoring network 
plans for 2019-2021 in our docket.
    \23\ We have included our reviews of CARB's annual monitoring 
network plans and the correspondence transmitting these reviews in 
our docket.
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    In accordance with 40 CFR 58.15, CARB certifies annually that the 
previous year's ambient concentration and quality assurance data are 
completely submitted to AQS and that the ambient concentration data are 
accurate, taking into consideration the quality assurance findings.\24\ 
Along with the certification letters, CARB submits a summary of the 
precision and accuracy data for all ambient air quality data.\25\
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    \24\ We have included CARB's annual data certifications for 
2019, 2020, and 2021 in our docket.
    \25\ See 40 CFR 58.15(c).
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    The Design Value Report also includes a validity indicator that 
reflects whether the design value is valid (i.e., calculated using data 
that meet the applicable completeness criteria). For the purposes of 
this proposal, we reviewed the data for the 2019-2021 period for 
completeness and determined that the PM2.5 data collected by 
CARB met the 75 percent completeness criterion for all 12 quarters at 
the Portola monitoring site.
    Finally, the EPA conducts regular technical systems audits (TSAs) 
where we review and inspect state and local ambient air monitoring 
programs to assess compliance with applicable regulations concerning 
the collection, analysis, validation, and reporting of ambient air 
quality data. For the purposes of this proposal, we reviewed the 
findings from the EPA's 2018 TSA of CARB's ambient air monitoring 
program.\26\ None of the findings from the 2018 TSA were cause for 
invalidation of any data from the Portola PM2.5 monitoring 
site.\27\
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    \26\ EPA Region 9, Technical Systems Audit of the Ambient Air 
Monitoring Program: California Air Resources Board, September-
December 2018 (Final Report dated January 2020).
    \27\ Id.
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    In summary, based on the relevant monitoring network plans, 
certifications, and 2018 TSA, we propose to find that the 
PM2.5 data collected at the Portola monitoring site are 
suitable for determining whether the Portola nonattainment area 
attained the 2012 annual PM2.5 NAAQS by the applicable 
attainment date.

C. The EPA's Evaluation of Attainment

    Table 1 provides the 2021 PM2.5 design value from the 
regulatory monitor within the Portola nonattainment area, expressed as 
a single design value representing the average of the annual mean 
values from the 2019-2021 period; the annual mean for each individual 
year is also listed. The PM2.5 data show that the design 
value at the Portola monitoring site was 16.5 [mu]g/m\3\, which exceeds 
the 2012 annual PM2.5 NAAQS of 12.0 [mu]g/m\3\. 
Consequently, the EPA proposes to determine based upon three years of 
complete, quality-assured and certified data from 2019 through 2021, 
that the Portola nonattainment area did not attain the 2012 annual 
PM2.5 NAAQS by the applicable attainment date of December 
31, 2021.

[[Page 65722]]



                                     Table 1--2019-2021 Annual PM2.5 Design Value for the Portola Nonattainment Area
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                                                                                           Annual weighted mean ([mu]g/m\3\)           2019-2021 annual
                       Monitoring site                            AQS site ID #   ---------------------------------------------------    design value
                                                                                         2019             2020             2021          ([mu]g/m\3\)
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Portola......................................................        06-063-1010             12.2             20.9             16.5                16.5
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Source: EPA AQS Design Value Report, AMP480, dated August 10, 2022. (User ID: JCARLSTAD, Report Request ID: 2039270).

III. Reclassification as Serious Nonattainment and Serious Area SIP 
Requirements

A. Reclassification as Serious and Applicable Attainment Date

    In accordance with section 188(b)(1) of the Act, the EPA is 
proposing to reclassify the Portola nonattainment area from Moderate to 
Serious for the 2012 annual PM2.5 standard, based on the 
determination that the area did not attain the standard by the 
applicable attainment date.
    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, will be December 31, 2025.
    Under section 188(e) of the Act, a state may apply to the EPA for a 
single extension of the Serious area attainment date of up to five 
additional years, which the EPA may grant if the state satisfies 
certain statutory conditions. Before the EPA may extend the attainment 
date for a Serious area under section 188(e), the state must: (1) Apply 
for an extension of the attainment date beyond the statutory attainment 
date; (2) demonstrate that attainment by the statutory attainment date 
is impracticable; (3) demonstrate that it has complied with all 
requirements and commitments pertaining to the area in the 
implementation plan; (4) demonstrate to the satisfaction of the 
Administrator that the plan for the area includes the most stringent 
measures that are included in the implementation plan of any state or 
are achieved in practice in any state, and can feasibly be implemented 
in the area; and (5) submit a demonstration of attainment by the most 
expeditious alternative date practicable.

B. Clean Air Act Requirements for Serious Area Plans

    Upon reclassification of the Portola nonattainment area to Serious 
for the 2012 PM2.5 NAAQS, California will 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. Pursaunt to CAA section 189(b)(2), this SIP 
revision will be due 18 months from the effective date of the final 
reclassification to Serious.
    The Serious area SIP elements that California will be 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 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 
RFP (including quantitative milestones and related reports) or to 
attain by the applicable attainment date (CAA section 172(c)(9)); and
    8. a revision to the NNSR program to lower the applicable ``major 
stationary source'' \28\ thresholds from 100 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)).
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    \28\ 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 PM10 (CAA 
sections 189(b)(3)).
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IV. Summary of Our Proposed Action

    In accordance with section 188(b)(2) of the CAA, the EPA is 
proposing to determine that the Portola Moderate nonattainment area did 
not attain the 2012 annual PM2.5 NAAQS by its applicable 
attainment date of December 31, 2021. Our proposed determination that 
the Portola nonattainment area failed to attain the PM2.5 
NAAQS is based on complete, quality-assured, and certified 
PM2.5 monitoring data for the 2019-2021 period.
    If we finalize our action as proposed, the Portola nonattainment 
area will be reclassified as a Serious PM2.5 nonattainment 
area by operation of law pursuant to CAA section 188(b)(2) and will be 
subject to all applicable Serious area requirements, as outlined in 
section III.B. Under CAA sections 188(c)(2), the Serious area 
attainment date for the Portola nonattainment area will be as 
expeditiously as practicable but no later than December 31, 2025, ten 
years after the area's designation to nonattainment.
    The EPA is soliciting public comments on the issues discussed in 
this document. We will accept comments from the public on this proposal 
until December 1, 2022 and will consider comments before taking final 
action.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be

[[Page 65723]]

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.

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 
proposed action, if finalized, would require the state to adopt and 
submit SIP revisions to satisfy CAA requirements and would 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 action proposes to determine that the 
Portola nonattainment area failed to attain the NAAQS by the applicable 
attainment date. If finalized, this determination would trigger 
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,\29\ the proposed finding of 
failure to attain the 2012 annual PM2.5 NAAQS does not apply 
to tribal areas, and the proposed rule would 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 proposed 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.
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    \29\ 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.
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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 proposed action is not 
subject to Executive Order 13045 because the effect of this proposed 
action, if finalized, would be to trigger additional planning 
requirements under the CAA. This proposed 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 proposed 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 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.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.

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: October 19, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2022-23344 Filed 10-31-22; 8:45 am]
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