[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Proposed Rules]
[Pages 27224-27229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-09604]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2026-2608; FRL-13323-01-R9]
Determination of Attainment by the Attainment Date and Clean Data
Determination 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 Portola nonattainment area in Plumas County,
California, attained the 2012 annual fine particulate matter
(``PM2.5'') national ambient air quality standard (NAAQS or
``standard'') by the December 31, 2025 ``Serious'' area attainment
date. This proposed determination is based on ambient air quality
monitoring data from 2023 through 2025. We are also proposing to make a
clean data determination (CDD) based on the 2023 through 2025 data. If
we finalize this CDD, certain Clean Air Act (CAA) requirements that
apply to the Portola nonattainment area will be suspended for so long
as the area continues to meet the 2012 annual PM2.5 NAAQS.
The area would remain designated nonattainment for the 2012 annual
PM2.5 NAAQS, unless and until the State submits, and EPA
approves, a redesignation request and maintenance plan for the area. We
are taking comments on this proposal and plan to follow with a final
action.
DATES: Comments must be received on or before June 15, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2026-2608 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
[[Page 27225]]
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 a disability
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: Lindsay Wickersham, Planning Section
(AIR-2-1), EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105;
telephone number: (415) 947-4192; email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. The 2012 Annual PM2.5 NAAQS
B. CAA Requirements for PM2.5 Nonattainment Areas
C. Portola Nonattainment Area Designation for the 2012
PM2.5 NAAQS and SIP Actions
D. CAA Requirement for a Determination of Attainment
E. The EPA's Clean Data Policy
II. Proposed Determination of Attainment
A. Applicable Statutory and Regulatory Provisions
B. Monitoring Network Review, Quality Assurance, and Data
Completeness
C. The EPA's Evaluation of Attainment
III. Proposed Clean Data Determination
IV. The EPA's Proposed Action
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Coordination With Indian Tribal
Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)
I. Background
A. The 2012 Annual PM2.5 NAAQS
Under section 109 of the CAA, 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, sulfur dioxide, volatile
organic compounds, and ammonia.\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 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 at 15.0 micrograms per cubic meter ([micro]g/m\3\)
based on a 3-year average of annual mean PM2.5
concentrations. Then, on January 15, 2013, the EPA promulgated a more
stringent annual PM2.5 NAAQS, revising the primary standard
to 12.0 [micro]g/m\3\ based on a 3-year average of annual mean
PM2.5 concentrations, while retaining the secondary standard
at 15.0 [micro]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 ([micro]g/m\3\) to 35 [micro]g/m\3\. 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 [micro]g/m\3\,
codified at 40 CFR 50.18.
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B. CAA Requirements for PM2.5 Nonattainment Areas
The CAA requires states to develop state implementation plan (SIP)
revisions that provide 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, including reasonably available control technology (RACM/
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
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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/RACT; 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 was 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. Portola Nonattainment Area Designation for the 2012 PM2.5 NAAQS and
SIP Actions
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 reflects 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 the Portola
nonattainment area \8\ for the 2012 PM2.5 NAAQS based on
ambient monitoring data that showed the area was above the 12.0
[micro]g/m\3\ primary standard for the three-year 2011-2013 monitoring
period.\9\ For this 2011-2013 monitoring period, the annual
PM2.5 design value \10\ for the Portola nonattainment area
was 12.8 [micro]g/m\3\ at the Portola PM2.5 monitoring
site.\11\
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\8\ The boundaries of the nonattainment area are list in 40 CFR
81.305.
\9\ 80 FR 2206 (January 15, 2015).
\10\ A design value is the three-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.
\11\ 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.
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.\12\ California later submitted a revision
to the 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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\12\ 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 Revision.\13\ We also found that the contingency
measure element of the Portola PM2.5 Plan, as revised and
supplemented by the 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.\14\
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\13\ 86 FR 12263 (March 3, 2021).
\14\ Id.
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On December 29, 2022, the EPA determined 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.\15\ Pursuant to CAA section 188(b)(2), the Portola nonattainment
area was reclassified as a Serious PM2.5 nonattainment area
effective January 30, 2023.
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\15\ 87 FR 80076.
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On December 24, 2024, CARB submitted the ``Portola Fine Particulate
Matter (PM2.5) Serious State Implementation Plan'' to
address the Serious area requirements for the Portola nonattainment
area.
D. CAA Requirement for a Determination of Attainment
Sections 179(c) and 188(b)(2) of the CAA require that within six
months following the applicable attainment date, the EPA shall
determine whether a nonattainment area attained the standard by that
date. The Serious attainment date for the 2012 PM2.5 NAAQS
in the Portola nonattainment area was December 31, 2025. Therefore, the
determination of whether the area attained by the Serious attainment
date is based on the 2023-2025 design value. Section 179(c)(2) of the
CAA requires the EPA to publish the determination in the Federal
Register no later than 6 months after the attainment date, that is, in
the case of the Portola nonattainment area, by June 30, 2026.
E. The EPA's Clean Data Policy
Under the EPA's longstanding Clean Data Policy, which was codified
in the PM2.5 Implementation Rule at 40 CFR 51.1015, when an
area has attained the relevant PM2.5 standard(s), the EPA
may issue a CDD (also sometimes referred to as a determination of
attainment for the purposes of the Clean Data Policy) after notice and
comment rulemaking determining that a specific area is attaining the
relevant standard(s). A CDD is not linked to any particular attainment
deadline and is not necessarily equivalent to a determination that an
area has attained the standard by its applicable attainment deadline
(i.e., a DAAD).
The effect of a CDD for a Serious PM2.5 nonattainment
area is to suspend the requirements for the area to submit an
attainment demonstration, RFP plan, quantitative milestones and
quantitative milestone reports, and contingency measures for as long as
the area continues to attain the standard.\16\ A
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CDD does not suspend the requirements for an emissions inventory, for
new source review, or for BACM/BACT in a Serious PM2.5
nonattainment area.
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\16\ 40 CFR 51.1015. In the context of CDDs, the EPA
distinguishes between attainment planning requirements of the CAA,
which relate to the attainment demonstration for an area and related
control measures designed to bring an area into attainment for the
given NAAQS as expeditiously as practicable, and other types of
requirements, such as permitting requirements under the
nonattainment new source review program, emissions inventory
requirement, and specific control requirements independent of those
strictly needed to ensure timely attainment of the given NAAQS. 81
FR 58010, 58128.
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II. Proposed Determination of Attainment
A. Applicable Statutory and Regulatory Provisions
Sections 179(c)(1) of the CAA requires the EPA to determine whether
a nonattainment area attained by the applicable attainment date, based
on the area's air quality ``as of the attainment date.'' \17\
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.\18\ 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.\19\ These monitoring agencies certify
annually that these data are accurate to the best of their knowledge,
taking into consideration the quality assurance findings.\20\
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 40 CFR
part 58.'' \21\
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\17\ See also CAA section 188(b)(2) (``Within 6 months following
the applicable attainment date for a PM-10 nonattainment area, the
Administrator shall determine whether the area attained the standard
by that date.'')
\18\ 40 CFR part 50, appendix N, section 3.0.
\19\ 40 CFR 58.16. AQS is the EPA's national repository of
ambient air quality data.
\20\ 40 CFR 58.15(a).
\21\ 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 [micro]g/m\3\ at each eligible monitoring site.\22\
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.\23\ Three years of valid annual means are
required to produce a valid annual PM2.5 NAAQS design
value.\24\ 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.\25\
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\22\ 40 CFR 50.18(b); 40 CFR part 50, appendix N, section
4.1(a).
\23\ 40 CFR part 50, appendix N, section 1.0(c).
\24\ 40 CFR part 50, appendix N, section 4.1(b).
\25\ Id.
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B. Monitoring Network Review, Quality Assurance, and Data Completeness
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 the District. CARB serves as the
primary quality assurance organization (PQAO) and submits annual
monitoring network plans to the EPA documenting the status of CARB's
air monitoring network, including monitors operated by NSAQMD and other
local air districts, as required under 40 CFR 58.10.\26\ 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.\27\
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\26\ We have included copies of CARB's annual monitoring network
plans for 2023-2025 in our docket.
\27\ 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, the District 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 to the best of their knowledge, taking into
consideration the quality assurance findings.\28\ Along with the
certification letters, the District submits a summary of the precision
and accuracy data for all ambient air quality data.\29\
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\28\ We have included NSAQMD's annual data certifications for
2023, 2024, and 2025 in the docket for this action. We have also
included our reviews of NSAQMD's annual data certifications and the
correspondence transmitting these reviews in the docket.
\29\ 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 certified ambient data for the 2023-2025
monitoring period for completeness and determined that the
PM2.5 data collected by the District met the 75 percent
completeness criterion for all 12 quarters at the Portola monitoring
site.
Finally, the EPA conducts regular technical systems audits (TSAs)
of 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. Additionally,
CARB conducts regular TSAs of local ambient air monitoring programs
within their PQAO. For the purposes of this proposal, we reviewed the
findings from the EPA's 2022 TSA of CARB's ambient air monitoring
program.\30\ None of the findings from the 2022 TSA were cause for
invalidation of any data from the Portola PM2.5 monitoring
site.\31\ We also reviewed the findings of CARB's TSA of the District
in May 2024.\32\ The results of the TSA do not preclude the EPA from
using the data for determining whether the Portola nonattainment area
has attained the 2012 annual PM2.5 NAAQS.
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\30\ Letter dated March 14, 2024, from Matthew Lakin, Director,
Air and Radiation Division, EPA Region IX, to Edie Chang, Executive
Officer, CARB, with enclosure titled ``Technical Systems Audit of
the Ambient Air Monitoring Program: California Air Resources Board
December 2021-August 2022'' (Final Report dated March 2024).
\31\ Id.
\32\ Letter dated April 21, 2026, from Manisha Singh, Chief,
Quality Management Branch, CARB, to Julie Hunter, Air Pollution
Control Officer, Northern Sierra Air Quality Management District,
with enclosure titled ``Technical Systems Audit of Northern Sierra
Air Quality Management District'' (April 2026).
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In summary, based on the relevant annual monitoring network plans,
certifications, and 2022 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 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
[[Page 27228]]
mean values from the 2023-2025 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 11.3 [micro]g/m\3\,
which meets the 2012 annual PM2.5 NAAQS of 12.0 [micro]g/
m\3\. Consequently, the EPA proposes to determine based upon three
years of complete, quality-assured and certified data from 2023 through
2025, that the Portola nonattainment area attained the 2012 annual
PM2.5 NAAQS by the applicable Serious attainment date of
December 31, 2025.
Table 1--2023-2025 Annual PM2.5 Design Value for the Portola Nonattainment Area
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Annual weighted mean ([micro]g/m\3\) 2023-2025
--------------------------------------------------- annual design
Monitoring site AQS site ID # value ([micro]g/
2023 2024 2025 m\3\)
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Portola............................................................ 06-063-1010 11.9 11.3 10.7 11.3
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Source: EPA AQS Design Value Report, AMP480, dated March 31, 2026. (Report Request ID: 2367374).
III. Proposed Clean Data Determination
As described in section I.E of this document, when an area has
attained the relevant PM2.5 standard(s), the EPA may issue a
CDD after notice and comment rulemaking determining that a specific
area is attaining the relevant standard.\33\ As described in section
II.C, based on complete, quality-assured, and certified data for 2023-
2025, the Portola nonattainment area meets the 2012 annual
PM2.5 standard. Consequently, the EPA is proposing to issue
a CDD under 40 CFR 51.1015(b).
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\33\ 40 CFR 51.1015.
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If we finalize this proposed CDD, the requirements for the State to
submit an attainment demonstration, an RFP plan, quantitative
milestones and quantitative milestone reports, and contingency measures
for the area will be suspended until such time as: (1) the area is
redesignated to attainment, after which such requirements are
permanently discharged; or, (2) the EPA determines that the area has
re-violated the 2012 PM2.5 NAAQS, after which time the state
shall submit such attainment plan elements for the Serious
nonattainment area by a future date to be determined by the EPA and
announced through publication in the Federal Register at the time the
EPA determines the area is violating the 2012 PM2.5
NAAQS.\34\ The requirements to submit emissions inventories and an NNSR
permitting program for the Serious nonattainment area will remain in
effect.
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\34\ 40 CFR 51.1015(b).
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IV. The EPA's Proposed Action
For the reasons discussed in this document, the EPA is proposing to
determine, based on the most recent three years (2023-2025) of
complete, quality-assured, and certified data that the Portola
nonattainment area attained the 2012 annual PM2.5 NAAQS by
its December 31, 2025 attainment date. This action, when finalized,
will fulfill the EPA's statutory obligation to determine whether the
Portola nonattainment area attained the NAAQS by the attainment date.
We are also proposing a CDD under 40 CFR 51.1015(b). If the EPA
finalizes this proposal, the requirements for this area to submit an
attainment demonstration, RFP plan, quantitative milestones and
quantitative milestone reports, and contingency measures, for the 2012
annual PM2.5 NAAQS, will be suspended so long as this area
continues to meet the standard. This CDD does not constitute a
redesignation to attainment. The Portola nonattainment area will remain
designated nonattainment for the 2012 annual PM2.5 NAAQS
until such time as the EPA determines, pursuant to sections 107 and
175A of the CAA, that the Portola nonattainment area meets the CAA
requirements for redesignation to attainment, including an approved
maintenance plan showing that the area will continue to meet the
standard for 10 years.
V. 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 was
therefore not submitted to the Office of Management and Budget (OMB)
for review. This action proposes to issue a DAAD and CDD for the
Portola nonattainment area.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not expected to be an Executive Order 14192
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA. This action proposes to determine that the Portola
nonattainment area is attaining the 2012 PM2.5 NAAQS. Thus,
this proposed action does not impose additional requirements beyond
those imposed by state law.
D. 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 beyond those
imposed by state law. The proposed DAAD and CDD do not create any new
requirements and does not directly regulate any entities.
E. 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 does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or Tribal governments, or to the private sector, will
result from this action.
F. 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. Pursuant
to the CAA, this action proposes a DAAD and CDD.
G. Executive Order 13175: 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
[[Page 27229]]
nonattainment area,\35\ the proposed DAAD and CDD 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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\35\ 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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H. 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. Therefore, this action is not
subject to Executive Order 13045 because it merely proposes a DAAD and
CDD. Furthermore, the EPA's Policy on Children's Health does not apply
to this action.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
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: May 1, 2026.
Michael Martucci,
Acting Regional Administrator, Region IX.
[FR Doc. 2026-09604 Filed 5-13-26; 8:45 am]
BILLING CODE 6560-50-P