Proposed Rule2025-13339
Determination of Attainment by the Attainment Date and Clean Data Determination; California, San Joaquin Valley 1997 Annual PM2.5 Fine Particulate Matter Nonattainment Area
Primary source
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Published
July 16, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to determine that the San Joaquin Valley, California fine particulate matter (PM<INF>2.5</INF>) nonattainment area attained the 1997 annual PM<INF>2.5</INF> national ambient air quality standards (NAAQS) by the December 31, 2024 applicable attainment date. This proposed determination is based on ambient air quality monitoring data from 2022 through 2024. We are also proposing to make a clean data determination (CDD) based on the 2022 through 2024 data and our evaluation of preliminary air quality monitoring data from 2025. We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 90 Issue 134 (Wednesday, July 16, 2025)</title>
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[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Proposed Rules]
[Pages 31906-31911]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13339]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0292; FRL-12825-01-R9]
Determination of Attainment by the Attainment Date and Clean Data
Determination; California, San Joaquin Valley 1997 Annual PM2.5 Fine
Particulate Matter Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the San Joaquin Valley, California fine particulate
matter (PM<INF>2.5</INF>) nonattainment area attained the 1997 annual
PM<INF>2.5</INF> national ambient air
[[Page 31907]]
quality standards (NAAQS) by the December 31, 2024 applicable
attainment date. This proposed determination is based on ambient air
quality monitoring data from 2022 through 2024. We are also proposing
to make a clean data determination (CDD) based on the 2022 through 2024
data and our evaluation of preliminary air quality monitoring data from
2025. We are taking comments on this proposal and plan to follow with a
final action.
DATES: Comments must be received on or before August 15, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0292 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 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: Ashley Graham, Geographic Strategies
and Modeling Section (AIR-2-2), EPA Region IX, 75 Hawthorne Street, San
Francisco, CA 94105; telephone number: (415) 972-3877; email address:
<a href="/cdn-cgi/l/email-protection#c5a2b7a4ada4a8eba4b6ada9a0bcb785a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="2e495c4f464f43004f5d46424b575c6e4b5e4f00494158">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. PM<INF>2.5</INF> NAAQS
B. The San Joaquin Valley PM<INF>2.5</INF> Nonattainment Area
C. Clean Air Act Requirement for a Determination of Attainment
D. The EPA's Clean Data Policy
II. Determination of Attainment by the Attainment Date
A. Monitoring Network Review, Quality Assurance, and Data
Completeness
B. The EPA's Evaluation of Attainment
III. Clean Data Determination
IV. The EPA's Proposed Action
V. Statutory and Executive Order Reviews
I. Background
A. PM2.5 NAAQS
The Clean Air Act (CAA) requires the EPA to establish primary and
secondary NAAQS for certain pervasive pollutants that ``may reasonably
be anticipated to endanger public health and welfare.'' \1\ The primary
NAAQS is designed to protect public health with an adequate margin of
safety, and the secondary NAAQS is designed to protect public welfare
and the environment. The EPA has set standards for six common air
pollutants, referred to as criteria pollutants. These standards
represent the air quality levels an area must meet to comply with the
CAA.
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\1\ CAA section 108(a).
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PM<INF>2.5</INF> can be particles 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 particles
that form in the atmosphere as a result of various chemical reactions
from PM<INF>2.5</INF> precursor emissions emitted by sources
(``secondary PM<INF>2.5</INF>''). The EPA established each of the
PM<INF>2.5</INF> NAAQS after considering substantial evidence from
numerous health studies demonstrating that serious health effects are
associated with exposures to PM<INF>2.5</INF> concentrations above such
levels. Epidemiological studies have shown statistically significant
correlations between elevated PM<INF>2.5</INF> levels and premature
mortality. Other important health effects associated with
PM<INF>2.5</INF> exposure include aggravation of respiratory and
cardiovascular disease (as indicated by increased hospital admissions,
emergency room visits, absences from school or work, and restricted
activity dates), changes in lung function and increased respiratory
symptoms, and new evidence for more subtle indicators of cardiovascular
health. Individuals particularly sensitive to PM<INF>2.5</INF> exposure
include older adults, people with heart and lung disease, and
children.\2\
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\2\ 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 revised the NAAQS for particulate matter
by establishing new NAAQS for particles with an aerodynamic diameter
less than or equal to a nominal 2.5 micrometers (PM<INF>2.5</INF>).\3\
The EPA established primary and secondary annual and 24-hour standards
for PM<INF>2.5</INF>.\4\ The EPA set the annual primary and secondary
standards at 15.0 micrograms per cubic meter ([mu]g/m\3\), based on a
three-year average of annual mean PM<INF>2.5</INF> concentrations.\5\
The EPA has since strengthened the primary annual PM<INF>2.5</INF>
NAAQS; \6\ however, the 1997 primary annual PM<INF>2.5</INF> NAAQS
remains in effect in areas designated nonattainment for that NAAQS.\7\
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\3\ 62 FR 38652.
\4\ 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).
\5\ 40 CFR 50.7.
\6\ 78 FR 3086 (January 15, 2013) and 89 FR 16202 (February 7,
2024).
\7\ 40 CFR 50.13(d).
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B. The San Joaquin Valley PM2.5 Nonattainment Area
Following promulgation of a new or revised NAAQS, the EPA is
required under CAA section 107(d) to designate areas throughout the
nation as attainment, nonattainment, or unclassifiable for the NAAQS.
Effective April 5, 2005, the EPA established the initial air quality
designations for the 1997 annual PM<INF>2.5</INF> NAAQS, using air
quality monitoring data for the three-year periods of 2001-2003 and
2002-2004.\8\ The EPA designated the San Joaquin Valley as
nonattainment for the 1997 annual PM<INF>2.5</INF> NAAQS.\9\
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\8\ 70 FR 944 (January 5, 2005).
\9\ 40 CFR 81.305.
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The San Joaquin Valley PM<INF>2.5</INF> nonattainment area
encompasses over 23,000 square miles and includes all or part of eight
counties: San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare,
Kings, and the valley portion of Kern.\10\ The area is home to four
million people and is one of the nation's leading agricultural regions.
Stretching over 250 miles from north to south and averaging 80 miles
wide, it is partially enclosed by the Coast Mountain range to the west,
the Tehachapi Mountains to the south, and the Sierra Nevada range to
the east.
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\10\ For a precise description of the geographic boundaries of
the San Joaquin Valley nonattainment area, see 40 CFR 81.305.
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The California Air Resources Board (CARB) is the state agency
responsible for the adoption and submission to the EPA of California
state implementation plan (SIP) submissions. Under
[[Page 31908]]
California law, air districts in California are generally responsible
for the development of regional air quality plans. For the San Joaquin
Valley area, the San Joaquin Valley Unified Air Pollution Control
District (SJVUAPCD or ``District'') develops and adopts air quality
management plans to address CAA planning requirements applicable to the
region. The District then submits such plans to CARB for adoption and
submission to the EPA as proposed revisions to the California SIP.
The EPA approved most of the elements of the State's attainment
plan for the San Joaquin Valley for the 1997 annual PM<INF>2.5</INF>
NAAQS on December 14, 2023, including the State's demonstration that
the area would attain the NAAQS by December 31, 2023.\11\ On May 23,
2024, the State of California transmitted a letter to the EPA
requesting that the EPA grant a one-year extension under CAA section
172(a)(2)(C) of the applicable ``Serious'' area attainment date for the
San Joaquin Valley from December 31, 2023, to December 31, 2024.\12\ In
its request, the State certified that it has complied with all
requirements and commitments pertaining to the area in the approved
implementation plan and that certified monitoring data for the San
Joaquin Valley for 2023 were below the level of the 1997 annual
PM<INF>2.5</INF> NAAQS. On November 19, 2024, the EPA granted the
State's request and extended the applicable attainment date to December
31, 2024.\13\
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\11\ 88 FR 86581. We approved the State's best available control
measures (BACM) demonstration, attainment demonstration, reasonable
further progress (RFP) demonstration, quantitiatve milestone
demonstration, five percent reduction in emisisons per year
demonstration, and motor vehicle emissions budgets as meeting the
``Serious'' area and CAA section 189(d) planning requirements. We
also affirmed that the base year emissions inventories in the plan,
which we had previously approved (86 FR 67329, November 26, 2021),
provided an adequate basis for the BACM, RFP, five percent, and
modeled attainment demonstration analyses. We deferred action on the
requirement for contingency measures; however, we subsequently
approved the area's contingency measures submittal on October 4,
2024 (89 FR 80749).
\12\ Letter dated May 23, 2024, from Steven S. Cliff, Executive
Officer, CARB, to Martha Guzman, Regional Administrator, EPA Region
9.
\13\ 89 FR 91263.
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C. Clean Air Act 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 PM<INF>2.5</INF> nonattainment area attained the
standard based on the area's design value \14\ as of that date.\15\
This determination, also referred to as a determination of attainment
by the attainment date (DAAD), is based on certified data leading up to
the attainment date, i.e., in this case, data for 2022-2024. Section
179(c)(2) of the CAA requires the EPA to publish the determination in
the Federal Register.
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\14\ 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 is found in 40 CFR part 50,
appendix N, section 4.1.
\15\ A determination that an area has attained by the applicable
attainment date does not constitute a redesignation to attainment.
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D. The EPA's Clean Data Policy
Under the EPA's longstanding Clean Data Policy, which was
reaffirmed in the PM<INF>2.5</INF> Implementation Rule at 40 CFR
51.1015, when an area has attained the relevant PM<INF>2.5</INF>
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 is to suspend
the requirement for the area to submit an attainment demonstration, a
reasonably available control measures demonstration, a reasonable
further progress (RFP) plan, contingency measures, and any other
planning requirements related to attainment for as long as the area
continues to attain the standard.\16\ A CDD does not suspend the
requirements for an emissions inventory or for new source review.\17\
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\16\ Because the EPA previously approved the State's attainment
plan for the San Joaquin Valley for the 1997 annual PM<INF>2.5</INF>
NAAQS (see footnote 11 of this document), the State would not be
required to submit any additional planning elements following a
DAAD. However, in Little Manila Rising, et al. v. EPA, 9th Cir. Case
No. 24-6990, the question regarding the extent of the EPA's
authority to grant a one-year extension of the applicable attainment
date from December 31, 2023, to December 31, 2024, for the San
Joaquin Valley for the 1997 annual PM<INF>2.5</INF> NAAQS is still
pending before the court. In the event that the court finds that the
EPA did not have the authority to grant the extension, the proposed
CDD in this action would relieve the state of the requirement to
adopt and submit a new plan for failing to attain by the applicable
attainment date.
\17\ 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, the 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. Determination of Attainment by the Attainment Date
A. Monitoring Network Review, Quality Assurance, and Data Completeness
A determination of whether an area is attaining the NAAQS is
typically based upon complete, quality-assured data gathered at
established State and Local Air Monitoring Stations (SLAMS) and entered
into the EPA's Air Quality System (AQS) database. Data from ambient air
monitors operated by state/local agencies in compliance with the EPA
monitoring requirements must be submitted to AQS. Monitoring agencies
annually certify that these data are accurate to the best of their
knowledge. Accordingly, the EPA relies primarily on data in AQS when
determining compliance with the NAAQS.\18\ The EPA reviews all data to
determine the area's air quality status in accordance with 40 CFR part
50, appendix N. Under EPA regulations in 40 CFR 50.7 and in accordance
with appendix N, the 1997 annual PM<INF>2.5</INF> NAAQS are met when
the annual arithmetic mean concentration, as determined in accordance
with the rounding conventions in 40 CFR part 50, appendix N, is less
than or equal to 15.0 [micro]g/m\3\ at each eligible monitoring site
within the area.
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\18\ See 40 CFR 50.7; 40 CFR part 50, appendix L; 40 CFR part
53; 40 CFR part 58, and 40 CFR part 58, appendices A, C, D, and E.
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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\ We note that monitors with incomplete data in one
or more quarters may still produce valid design values if the
conditions for applying the EPA's data substitution test are met.\22\
In determining whether data are suitable for regulatory determinations,
the EPA uses a ``weight of evidence'' approach, considering the
requirements of 40 CFR
[[Page 31909]]
part 58, appendix A ``in combination with other data quality
information, reports, and similar documentation that demonstrate
overall compliance with Part 58.'' \23\
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\19\ 40 CFR part 50, appendix N section 1.0(c).
\20\ 40 CFR part 50, appendix N, section 4.1(b).
\21\ Id.
\22\ 40 CFR part 50, appendix N, section 4.1(b) and (c).
\23\ 40 CFR part 58, appendix A, section 1.2.3.
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Section 110(a)(2)(B)(i) of the CAA requires states to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. The monitoring requirements are specified
in 40 CFR part 58. These requirements are applicable to state and,
where delegated, local air monitoring agencies that operate criteria
pollutant monitors. The regulations in 40 CFR part 58 establish
specific requirements for operating air quality surveillance networks
to measure ambient concentrations of PM<INF>2.5</INF>, including
requirements for measurement methods, network design, quality assurance
procedures, and, in the case of large urban areas, the minimum number
of monitoring sites designated as SLAMS.
In section 4.7 of appendix D to 40 CFR part 58, the EPA specifies
minimum monitoring requirements for PM<INF>2.5</INF> to operate at
SLAMS. SLAMS produce data comparable to the NAAQS, and therefore, the
monitor must be an approved federal reference method (FRM) or federal
equivalent method (FEM). The minimum number of SLAMS required is
described in section 4.7.1 and can be met by either filter-based or
continuous FRMs or FEMs. The monitoring regulations also provide that
each core-based statistical area must operate a minimum number of
PM<INF>2.5</INF> continuous monitors; \24\ however, this requirement
can be met by either an FEM or a non-FEM continuous monitor, and the
continuous monitors can be located with other SLAMS or at a different
location. Consequently, the monitoring requirements for
PM<INF>2.5</INF> can be met with filter-based FRMs/FEMs, continuous
FEMs, continuous non-FEMs, or a combination of monitors at each
required SLAMS.
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\24\ 40 CFR part 58, appendix D, section 4.7.2.
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Under 40 CFR 58.10, states are required to submit annual monitoring
network plans to the EPA.\25\ Within the San Joaquin Valley, CARB and
the District are the agencies responsible for assuring that the area
meets PM<INF>2.5</INF> air quality monitoring requirements. CARB and
SJVUAPCD submit monitoring network plans to the EPA annually. These
plans describe and discuss the status of the air monitoring network, as
required under 40 CFR 58.10. Each year, the EPA reviews these annual
network plans for compliance with the applicable monitoring
requirements in 40 CFR part 58. With respect to PM<INF>2.5</INF>, we
have found that the CARB and SJVUAPCD annual network plans meet the
applicable requirements under 40 CFR part 58.\26\
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\25\ 40 CFR 58.10(a)(1).
\26\ Letter dated October 29, 2024, from Dena Vallano, Manager,
Monitoring and Analysis Section, EPA Region IX, to Sylvia
Vanderspek, Manager, Air Quality Planning Branch, CARB; and letter
dated October 29, 2024, from Dena Vallano, Manager, Monitoring and
Analysis Section, EPA Region IX, to Jon Klassen, Director, Air
Quality Science, SJVUAPCD.
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During the 2022-2024 period, ambient PM<INF>2.5</INF> concentration
data that are eligible for use in determining whether an area has
attained the PM<INF>2.5</INF> NAAQS were collected at a total of 18
sites within the San Joaquin Valley. The District operates 12 of these
sites while CARB operates 6 of these sites. All of the sites are
designated SLAMS for PM<INF>2.5</INF>.\27\ Based on our review of the
PM<INF>2.5</INF> monitoring network, we propose to find that the
monitoring network in the San Joaquin Valley is adequate for the
purpose of collecting ambient PM<INF>2.5</INF> concentration data for
use in determining whether the San Joaquin Valley has attained the 1997
annual PM<INF>2.5</INF> NAAQS.
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\27\ There are a number of other PM<INF>2.5</INF> monitoring
sites within the valley, including other sites operated by the
District, the National Park Service, and certain Indian Tribes, but
the data collected from these sites are non-regulatory and not
eligible for comparison with the PM<INF>2.5</INF> NAAQS.
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Under 40 CFR 58.15, monitoring agencies must submit a letter to the
EPA each year to certify that all of the ambient concentration and
quality assurance data for the previous year have been submitted to AQS
and that the ambient concentration data are accurate to the best of
their knowledge, taking into consideration the quality assurance
findings. The letter must address data for all FRM and FEM monitors at
SLAMS and special purpose monitoring stations that meet the criteria
specified in 40 CFR part 58, appendix A. CARB annually certifies that
the data the agency submits to AQS are quality assured, including the
data collected at monitoring sites in the San Joaquin Valley.\28\
SJVUAPCD does the same for data submitted to AQS from monitoring sites
operated by the District.\29\
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\28\ For example, see letter dated April 18, 2025, from Jin Xu,
Acting Chief, Air Quality Planning Branch, CARB, to Dena Vallano,
Manager, Monitoring and Analysis Section, EPA Region 9, with
enclosures, certifying calendar year 2024 ambient air quality data
and quality assurance data.
\29\ For example, see letter dated March 20, 2025, from Robert
Gilles, Program Manager, SJVUAPCD, to Matt Lakin, Director, Air and
Radiation Division, EPA Region IX, with attachments, certifying
calendar year 2024 ambient air quality data and quality assurance
data.
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With respect to data completeness, we determined that the data
collected by the CARB and the District met the quarterly completeness
criterion for all 12 quarters of the three-year period at most of the
PM<INF>2.5</INF> monitoring sites in the San Joaquin Valley. More
specifically, among the 18 PM<INF>2.5</INF> monitoring sites from which
regulatory data are available, the data from Merced-Vierra (AQS ID: 06-
047-2024), Stockton-University (AQS ID: 06-077-1003), and Manteca (AQS
ID: 06-077-2010) did not meet the 75 percent completeness criterion for
one quarter; \30\ however, the data from the sites are sufficient
nonetheless to produce valid design values for the 1997 annual
PM<INF>2.5</INF> NAAQS pursuant to the rules governing design value
validity in 40 CFR part 50, appendix N, section 4.1.
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\30\ EPA, AQS Combined Site Sample Values (AMP355), Report
Request ID: 2290307, May 7, 2025.
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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 most recent TSAs of CARB's and the District's
ambient air monitoring programs.\31\ The results of the TSAs do not
preclude the EPA from determining that the San Joaquin Valley
PM<INF>2.5</INF> nonattainment area has attained the 1997 annual
PM<INF>2.5</INF> NAAQS.
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\31\ 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.''
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In summary, based on the EPA's reviews of the relevant annual
network plans, certifications, quality assurance data, and TSAs, we
propose to find that the PM<INF>2.5</INF> data collected at San Joaquin
Valley monitoring sites are suitable for determining whether the San
Joaquin Valley PM<INF>2.5</INF> nonattainment area has attained the
1997 annual PM<INF>2.5</INF> NAAQS.
B. The EPA's Evaluation of Attainment
Table 1 of this document provides the PM<INF>2.5</INF> design
values at each of the 18 monitoring sites within the San Joaquin Valley
PM<INF>2.5</INF> nonattainment area, expressed as a single design value
representing the 2022-2024 period and for each individual year. The
PM<INF>2.5</INF> data show that the design values at the San Joaquin
Valley monitoring sites were below the level of the 1997 annual
PM<INF>2.5</INF> NAAQS of 15.0 [mu]g/m\3\. Consequently,
[[Page 31910]]
the EPA is proposing to determine based upon three years of quality-
assured and certified data from 2022 through 2024 that the San Joaquin
Valley PM<INF>2.5</INF> nonattainment area attained the 1997 annual
PM<INF>2.5</INF> NAAQS by the applicable December 31, 2024 attainment
date.
Table 1--2022-2024 Annual PM2.5 Design Values for the San Joaquin Valley PM2.5 Nonattainment Area
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Annual mean ([mu]g/m\3\) 2022-2024
------------------------------------------------ Annual design
County Site name (AQS ID) value ([mu]g/
2022 2023 2024 m\3\)
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Fresno......................................... Fresno-Garland (06-019-0011)........... 12.9 10.5 10.3 11.2
Fresno......................................... Tranquillity (06-019-2009)............. 6.7 4.8 7.0 6.2
Fresno......................................... Fresno-Founry (06-019-2016)............ 14.8 12.5 13.6 13.6
Fresno......................................... Clovis-Villa (06-019-5001)............. 10.5 8.6 10.6 9.9
Fresno......................................... Fresno-Pacific (06-019-5025)........... 13.5 12.6 12.7 12.9
Kern........................................... Bakersfield-Golden/M-St (06-029-0010).. 16.7 13.7 12.9 14.4
Kern........................................... Bakersfield-California (06-029-0014)... 15.8 12.0 12.7 13.5
Kern........................................... Bakersfield-Airport (Planz) (06-029- 16.1 12.5 15.6 14.7
0016).
Kings.......................................... Corcoran-Patterson (06-031-0004)....... 14.7 10.1 10.1 11.6
Kings.......................................... Hanford-Irwin (06-031-1004)............ 14.2 12.5 11.8 12.8
Madera......................................... Madera-City (06-039-2010).............. 10.4 9.9 9.0 9.8
Merced......................................... Merced-Vierra (06-047-2024)............ 9.8 8.4 7.2 (Inc) 8.4
Merced......................................... Merced-M St (06-047-2510).............. 10.5 9.6 7.8 9.3
San Joaquin.................................... Stockton-University Park (06-077-1003). 10.2 10.8 (Inc) 10.1 10.4
San Joaquin.................................... Manteca (06-077-2010).................. 9.0 (Inc) 7.9 8.1 8.3
Stanislaus..................................... Modesto-14th Street (06-099-0005)...... 13.4 10.5 9.0 11.0
Stanislaus..................................... Turlock (06-099-0006).................. 10.8 10.1 9.3 10.1
Tulare......................................... Visalia-W Ashland Avenue (06-107-2003). 15.0 11.7 13.0 13.2
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Source: EPA, AQS Design Value Report (AMP480), Report Request ID: 2290291, May 7, 2025.
Notes: Inc = Incomplete Data.
III. Clean Data Determination
As described in section I.D. of this document, when an area has
attained the relevant PM<INF>2.5</INF> standard(s), the EPA may issue a
CDD after notice and comment rulemaking determining that a specific
area is attaining the relevant standard.\32\ Based on quality-assured
and certified data for 2022-2024, the San Joaquin Valley
PM<INF>2.5</INF> nonattainment area meets the 1997 annual
PM<INF>2.5</INF> NAAQS. Furthermore, preliminary data available in AQS
for 2025 (January through March) indicate that the area continues to
show concentrations consistent with attainment of the 1997 annual
PM<INF>2.5</INF> NAAQS.\33\ Consequently, the EPA is proposing to issue
a CDD.
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\32\ 40 CFR 51.1015.
\33\ EPA, AQS Combined Site Sample Values (AMP355), Report
Request ID: 2296369, June 2, 2025; AQS Combined Site Sample Values
(AMP355), Report Request ID: 2296793, June 4, 2025.
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If we finalize this proposed CDD, the obligation to submit
attainment planning provisions to meet the requirements for an
attainment plan for the 1997 annual PM<INF>2.5</INF> NAAQS, including
an RFP plan, quantitative milestones and quantitative milestone
reports, contingency measures, and an attainment demonstration, are
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
PM<INF>2.5</INF> NAAQS, at which time the state shall submit such
attainment plan elements for the 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 PM<INF>2.5</INF> NAAQS.
A CDD does not suspend the requirements for an emissions inventory
or new source review (NSR). The EPA previously approved the base year
emissions inventory element of the attainment plan for the 1997 annual
PM<INF>2.5</INF> NAAQS as meeting the requirements of CAA section
172(c)(3) and 40 CFR 50.1008.\34\ On January 21, 2025, the EPA proposed
a limited approval and limited disapproval of nonattainment NSR SIP
revisions submitted by California for the San Joaquin Valley.\35\ We
are not taking any further action on the submissions at this time.
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\34\ 86 FR 67329, 67341 (November 26, 2021).
\35\ 90 FR 6928.
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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 (2022-2024) of complete
(or otherwise validated), quality-assured, and certified data meeting
the requirements of 40 CFR part 50, appendix N, that the San Joaquin
Valley PM<INF>2.5</INF> nonattainment area attained the 1997 annual
PM<INF>2.5</INF> NAAQS by its December 31, 2024 attainment date. This
action, when finalized, will fulfill the EPA's statutory obligation to
determine whether the San Joaquin Valley PM<INF>2.5</INF> nonattainment
area attained the NAAQS by the attainment date.
In accordance with 40 CFR 51.1015, we are also proposing to issue a
CDD for the San Joaquin Valley PM<INF>2.5</INF> nonattainment area for
the 1997 annual PM<INF>2.5</INF> NAAQS. Accordingly, the EPA is
proposing to determine that the obligation to submit any attainment-
related SIP revisions is not applicable for so long as the area
continues to attain those NAAQS. This CDD does not constitute a
redesignation to attainment. The San Joaquin Valley PM<INF>2.5</INF>
nonattainment area will remain designated nonattainment for the 1997
annual PM<INF>2.5</INF> NAAQS until such time as the EPA determines,
pursuant to sections 107 and 175A of the CAA, that the San Joaquin
Valley PM<INF>2.5</INF> 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.
The EPA is soliciting public comments on the issues discussed in
this document. We will accept comments from the public on this proposal
for the next 30 days. We will
[[Page 31911]]
consider these comments before taking final action.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be 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 was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
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 because 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.
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.
G. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
Tribe has demonstrated that a Tribe has jurisdiction, and it will not
impose substantial direct costs on Tribal governments or preempt Tribal
law. Thus, Executive Order 13175 does not apply to this action.
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
a 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: July 7, 2025.
Joshua F.W. Cook,
Regional Administrator, Region IX.
[FR Doc. 2025-13339 Filed 7-15-25; 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.