Proposed Rule2022-23344
Finding of Failure To Attain and Reclassification as Serious Nonattainment for the 2012 Annual Fine Particulate Standard: Plumas County, California
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Published
November 1, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the Plumas County nonattainment area failed to attain the 2012 annual fine particulate matter ("PM<INF>2.5</INF>") 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 PM<INF>2.5</INF> nonattainment areas.
Full Text
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<title>Federal Register, Volume 87 Issue 210 (Tuesday, November 1, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 (``PM<INF>2.5</INF>'') 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
PM<INF>2.5</INF> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. 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, <a href="/cdn-cgi/l/email-protection#bbdfd4c9dad5cfdec895d6d2d8d3daded7fbdecbda95dcd4cd"><span class="__cf_email__" data-cfemail="9efaf1ecfff0eafbedb0f3f7fdf6fffbf2defbeeffb0f9f1e8">[email protected]</span></a>.
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 PM<INF>2.5</INF> National Ambient Air Quality
Standard
B. Clean Air Act Requirements for PM<INF>2.5</INF> Nonattainment
Areas
C. Plumas County Designation for the 2012 PM<INF>2.5</INF> 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 (PM<INF>2.5</INF>), and particles with
diameters that are generally 10 microns or smaller (PM<INF>10</INF>).
PM<INF>2.5</INF> can be emitted by sources directly into the atmosphere
as a solid or liquid particle (``primary PM<INF>2.5</INF>'' or ``direct
PM<INF>2.5</INF>'') or can be formed in the atmosphere (``secondary
PM<INF>2.5</INF>'') as a result of various chemical reactions among
precursor pollutants such as nitrogen oxides (NO<INF>X</INF>), sulfur
dioxide (SO<INF>2</INF>), volatile organic compounds (VOC), and ammonia
(NH<INF>3</INF>).\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 PM<INF>2.5</INF> levels and detrimental
effects to human health and
[[Page 65720]]
the environment. The health effects associated with PM<INF>2.5</INF>
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 PM<INF>2.5</INF> exposure include
older adults, people with heart and lung disease, and children.\3\
Elevated PM<INF>2.5</INF> 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 PM<INF>2.5</INF>.\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 PM<INF>2.5</INF>
concentrations. Then, on January 15th, 2013, in order to provide
increased protection of public health, the EPA promulgated a more
stringent annual PM<INF>2.5</INF> NAAQS, revising the primary standard
to 12.0 [mu]g/m\3\ based on a 3-year average of annual mean
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> from 65 micrograms
per cubic meter ([mu]g/m<SUP>3</SUP>) to 35 [mu]g/m<SUP>3</SUP>. 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS, to
achieve reductions of PM<INF>2.5</INF> and PM<INF>2.5</INF> 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
PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
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 PM<INF>2.5</INF> annual
NAAQS, this date is December 31, 2021. In addition, under subpart 4,
direct PM<INF>2.5</INF> and all precursors to the formation of
PM<INF>2.5</INF> are subject to control unless the EPA approves a
demonstration from the state establishing that a given precursor does
not contribute significantly to PM<INF>2.5</INF> levels that exceed the
PM<INF>2.5</INF> NAAQS in the area.\6\
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\6\ 40 CFR 51.1006 and 51.1009.
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To implement the PM<INF>2.5</INF> NAAQS, the EPA has also
promulgated the ``Fine Particle Matter National Ambient Air Quality
Standard: State Implementation Plan Requirements; Final Rule''
(``PM<INF>2.5</INF> Implementation Rule'').\7\ The PM<INF>2.5</INF>
Implementation Rule provides additional regulatory requirements and
guidance applicable to attainment plan submittals for the
PM<INF>2.5</INF> NAAQS, including the 2012 annual PM<INF>2.5</INF>
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
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> design value \9\
for the Portola nonattainment area was 12.8 [mu]g/m\3\ from readings at
the Portola PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
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
PM<INF>2.5</INF> 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 (PM<INF>2.5</INF>) Attainment Plan'' (``Portola PM<INF>2.5</INF>
Plan'') to address the CAA's Moderate nonattainment area requirements
for the 2012 annual PM<INF>2.5</INF> NAAQS. On March 25, 2019, the EPA
fully approved the Portola PM<INF>2.5</INF> Plan, except for the
contingency measure elements.\11\ California later submitted a revision
to Portola PM<INF>2.5</INF> Plan (``PM<INF>2.5</INF> 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
PM<INF>2.5</INF> Plan
[[Page 65721]]
Revision.\12\ We also found that the contingency measure element of the
Portola PM<INF>2.5</INF> Plan, as revised and supplemented by the
Proposed PM<INF>2.5</INF> Plan Revision, satisfied the requirements for
contingency measures in CAA section 172(c)(9) and 40 CFR 51.1014 for
purposes of the 2012 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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
PM<INF>2.5</INF> NAAQS.\19\ Three years of valid annual means are
required to produce a valid annual PM<INF>2.5</INF> 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 PM<INF>2.5</INF>
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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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
PM<INF>2.5</INF> data collected at the Portola monitoring site are
suitable for determining whether the Portola nonattainment area
attained the 2012 annual PM<INF>2.5</INF> NAAQS by the applicable
attainment date.
C. The EPA's Evaluation of Attainment
Table 1 provides the 2021 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> data show that the design
value at the Portola monitoring site was 16.5 [mu]g/m\3\, which exceeds
the 2012 annual PM<INF>2.5</INF> 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
PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS, California will be required to
submit an additional SIP revision to satisfy the statutory requirements
that apply to Serious PM<INF>2.5</INF> 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 PM<INF>2.5</INF> and PM<INF>2.5</INF>
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 PM<INF>2.5</INF> also apply to major
stationary sources of PM<INF>2.5</INF> precursors, except where the
state demonstrates to the EPA's satisfaction that such sources do not
contribute significantly to PM<INF>2.5</INF> 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 PM<INF>2.5</INF> and PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>10</INF> (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 PM<INF>2.5</INF> NAAQS by its applicable
attainment date of December 31, 2021. Our proposed determination that
the Portola nonattainment area failed to attain the PM<INF>2.5</INF>
NAAQS is based on complete, quality-assured, and certified
PM<INF>2.5</INF> monitoring data for the 2019-2021 period.
If we finalize our action as proposed, the Portola nonattainment
area will be reclassified as a Serious PM<INF>2.5</INF> 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 <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
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 PM<INF>2.5</INF> 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 <a href="https://www.epa.gov/tribal-pacific-sw/map-federally-recognized-tribes-epas-pacific-southwest-region-9">https://www.epa.gov/tribal-pacific-sw/map-federally-recognized-tribes-epas-pacific-southwest-region-9</a>.
---------------------------------------------------------------------------
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]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.