Rule2026-01766
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
January 29, 2026
Effective
March 2, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing our determination 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 determination is based on ambient air quality monitoring data from 2022 through 2024. We are also making a clean data determination (CDD) based on the 2022 through 2024 data and our evaluation of preliminary air quality monitoring data from 2025.
Full Text
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<title>Federal Register, Volume 91 Issue 19 (Thursday, January 29, 2026)</title>
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[Federal Register Volume 91, Number 19 (Thursday, January 29, 2026)]
[Rules and Regulations]
[Pages 3836-3838]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01766]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0292; FRL-12825-02-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing our
determination 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 determination is
based on ambient air quality monitoring data from 2022 through 2024. We
are also making a clean data determination (CDD) based on the 2022
through 2024 data and our evaluation of preliminary air quality
monitoring data from 2025.
DATES: This rule is effective March 2, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2025-0292. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. 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#a5c2d7c4cdc4c88bc4d6cdc9c0dcd7e5c0d5c48bc2cad3"><span class="__cf_email__" data-cfemail="6d0a1f0c050c00430c1e050108141f2d081d0c430a021b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Summary of the Proposed Action
II. Public Comment
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of the Proposed Action
On July 16, 2025, the EPA proposed to determine, based on complete
(or otherwise validated), quality-assured, and certified data meeting
the requirements of 40 CFR part 50, appendix N for 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 its December 31,
2024 attainment date.\1\
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\1\ 90 FR 31906 (July 16, 2025).
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In accordance with 40 CFR 51.1015, we also proposed 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.\2\ We proposed to issue a CDD based
on our determination that the San Joaquin Valley had attained and was
currently attaining the 1997 annual PM<INF>2.5</INF> NAAQS.\3\
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\2\ Id.
\3\ The EPA evaluated preliminary data available in the EPA's
Air Quality System (AQS) for 2025 (January through March). These
data indicated that the San Joaquin Valley area continued to show
concentrations below the level of the 1997 annual PM<INF>2.5</INF>
NAAQS. Id. at 31910.
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The EPA's proposal explained that if we were to finalize the CDD,
the requirements for the area 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 attainment demonstration,
reasonable further progress plan, quantitative milestones, quantitative
milestone reports, and contingency measures, would 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 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.
[[Page 3837]]
Finally, the EPA's proposal explained that the 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
Clean Air Act (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 1997 annual PM<INF>2.5</INF> NAAQS for
10 years.\4\
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\4\ Id.
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Please see our July 16, 2025 proposed rulemaking for additional
background and a detailed explanation of the rationale for our proposed
action.\5\
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\5\ 90 FR 31906 (July 16, 2025).
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II. Public Comment
The public comment period for the proposed rulemaking opened on
July 16, 2025,\6\ the date of its publication in the Federal Register,
and closed on August 15, 2025. During this period, the EPA received two
comment submissions, including one comment submission from an anonymous
private citizen \7\ and one comment letter from San Joaquin Valley
Unified Air Pollution Control District (SJVUAPCD).\8\ Both comments are
included in the docket for this action.
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\6\ Id.
\7\ Comment dated and received August 5, 2025, submitted
anonymously to Docket ID No. EPA-R09-OAR-2025-0292.
\8\ Letter dated August 15, 2025, from Emily Kneeland, Director
of Air Quality Planning, SJVUAPCD, to Docket ID No. EPA-R09-OAR-
2025-0292, Subject: ``RE: Docket No. EPA-R09-OAR-2025-0292,
Determination of Attainment by the Attainment Date and Clean Data
Determination; California, San Joaquin Valley 1997 Annual
PM<INF>2.5</INF> Fine Particulate Matter Nonattainment Area.''
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The comment submission from SJVUAPCD was supportive of our proposal
to determine that the San Joaquin Valley attained the 1997 annual
PM<INF>2.5</INF> NAAQS by the December 31, 2024 attainment date and to
issue a CDD for the area. The comment submission from the private
citizen commenter was not germane to the action. We did not receive any
comments that opposed the EPA's proposal to make an attainment
determination by the applicable attainment date and issue a CDD. Thus,
the comments received do not require a response.
III. Final Action
For the reasons discussed in detail in our proposed action, the EPA
is finalizing our determination that the San Joaquin Valley
nonattainment area has attained the 1997 annual PM<INF>2.5</INF> NAAQS
by the December 31, 2024 attainment date, based on complete, quality-
assured, and certified ambient air quality monitoring data for the
2022-2024 monitoring period.\9\ The EPA is taking this final action
pursuant to CAA sections 179(c)(1).
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\9\ EPA, AQS Design Value Report (AMP480), Report Request ID:
2335768, November 28, 2025.
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Preliminary data available in the EPA's Air Quality System (AQS)
for 2025 (January through October) indicate that the San Joaquin Valley
area continues to show concentrations consistent with attainment of the
1997 annual PM<INF>2.5</INF> NAAQS; \10\ therefore, as provided in 40
CFR 51.1015, we are also finalizing a CDD. Consequently, the
requirements for this area to submit any SIP revisions related to
attainment of the 1997 annual PM<INF>2.5</INF> NAAQS, including an
attainment demonstration, reasonable further progress plan,
quantitative milestones, quantitative milestone reports, and
contingency measures, will be suspended for so long as the area
continues to attain those NAAQS. This final determination that the San
Joaquin Valley nonattainment area has attained the 1997 annual
PM<INF>2.5</INF> NAAQS does not constitute a redesignation of the area
to attainment. The designation status of the San Joaquin Valley area
will remain ``Serious'' 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 area meets the CAA
requirements for redesignation to attainment, including an approved
maintenance plan showing that the area will continue to meet the
standards for 10 years.
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\10\ EPA, AQS Design Value Report (AMP480), Report Request ID:
2344358, January 8, 2026.
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IV. 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 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 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. It will neither
impose substantial direct costs on federally recognized tribal
governments nor 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. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
[[Page 3838]]
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.
K. Congressional Review Act (CRA)
This action is subject to the CRA and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
L. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 30, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review, nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ammonia,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: January 21, 2026.
Michael Martucci,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.247 is amended by adding paragraph (s) to read as
follows:
Sec. 52.247 Control Strategy and regulations: Fine Particle Matter.
* * * * *
(s) Determination of attainment. Effective March 2, 2026, the EPA
has determined that, based on 2022 to 2024 ambient air quality data,
the San Joaquin Valley PM<INF>2.5</INF> nonattainment area has attained
the 1997 annual PM<INF>2.5</INF> NAAQS by the applicable attainment
date of December 31, 2024. Therefore, the EPA has met the requirement
pursuant to CAA section 179(c)(1) to determine whether the area
attained the standards. Under the provisions of the EPA's
PM<INF>2.5</INF> implementation rule (see 40 CFR 51.1015), this
determination suspends the requirements for this area to submit an
attainment demonstration, a reasonable further progress plan,
quantitative milestones, quantitative milestone reports, contingency
measures, and any other planning SIP revisions related to attainment
for as long as this area continues to attain the 1997 annual
PM<INF>2.5</INF> NAAQS. If the EPA determines, after notice-and-comment
rulemaking, that this area no longer meets the 1997 annual
PM<INF>2.5</INF> NAAQS, the corresponding determination of attainment
for that area shall be withdrawn.
[FR Doc. 2026-01766 Filed 1-28-26; 8:45 am]
BILLING CODE 6560-50-P
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