```

[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 2993-3001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00739]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2014-0636; FRL-9940-83-Region 9]

Designation of Areas for Air Quality Planning Purposes; 
California; San Joaquin Valley; Reclassification as Serious 
Nonattainment for the 2006 PM2.5 NAAQS

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to reclassify the San Joaquin Valley (SJV) Moderate 
nonattainment area, including areas of Indian country within it, as a 
Serious nonattainment area for the 2006 PM2.5 national 
ambient air quality standards (NAAQS), based on the EPA's determination 
that the area cannot practicably attain these NAAQS by the applicable 
attainment date of December 31, 2015. As a consequence of this 
reclassification, California must submit, no later than 18 months from 
the effective date of this reclassification, a Serious area attainment 
plan including a demonstration that the plan provides for attainment of 
the 2006 24-hour PM2.5 standards in the SJV area as 
expeditiously as practicable and no later than December 31, 2019. The 
State must also submit, no later than 12 months after the effective 
date of this reclassification, nonattainment new source review (NNSR) 
SIP revisions to implement the 2006 PM2.5 NAAQS in the SJV 
area, to the extent those requirements have not previously been met.

DATES: This rule is effective on February 19, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2014-0636 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be publicly available in either 
location (e.g., confidential business information (CBI)). To inspect 
the docket materials in person, please schedule an appointment during 
normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region 9, (415) 947-4192, 
tax.wienke@epa.gov.

[[Page 2994]]

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Summary of Final Action
III. Public Comments and EPA Responses
IV. Final Action
    A. Reclassification as Serious Nonattainment and Applicable 
Attainment Dates
    B. Reclassification of Reservation Areas of Indian Country
    C. PM2.5 Serious Area SIP Requirements
V. Statutory and Executive Order Reviews

I. Proposed Action

    On January 13, 2015 (80 FR 1816), the EPA proposed to approve 
portions of California's Moderate area plan to address the 2006 primary 
and secondary 24-hour PM2.5 NAAQS in the SJV and to 
reclassify the SJV nonattainment area, including areas of Indian 
country within it, from Moderate nonattainment to Serious nonattainment 
for these standards, based on the EPA's determination that the area 
cannot practicably attain the NAAQS by the applicable attainment date 
of December 31, 2015.\1\ Under section 188(b)(1) of the CAA, prior to 
an area's attainment date, the EPA has discretionary authority to 
reclassify as a Serious nonattainment area ``any area that the 
Administrator determines cannot practicably attain'' the 
PM2.5 NAAQS by the Moderate area attainment date.\2\ On 
March 4, 2013, the State submitted a Moderate area attainment plan 
demonstrating that the SJV area cannot practicably attain the 2006 
PM2.5 standards by the applicable Moderate area attainment 
date of December 31, 2015. The EPA's proposed reclassification of the 
SJV area was based upon our evaluation of the State's submission and 
ambient air quality data for the 2013-2014 period indicating that it is 
not practicable for certain monitoring sites within the SJV area to 
show PM2.5 design values at or below the level of the 2006 
PM2.5 NAAQS by December 31, 2015.\3\
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    \1\ See proposed rule at 80 FR 1816 (January 13, 2015) for a 
more detailed discussion of the background for this action, 
including the history of the PM2.5 NAAQS established in 
2006, health effects and sources of PM2.5, designation of 
the SJV as nonattainment for the PM2.5 standards, and the 
EPA's actions on the submittals from the state of California to 
address the nonattainment area planning requirements for the 2006 
PM2.5 NAAQS in the SJV.
    \2\ Section 188(b)(1) of the Act is a general expression of 
delegated rulemaking authority. See ``State Implementation Plans; 
General Preamble for the Implementation of Title I of the Clean Air 
Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992) (hereafter 
``General Preamble'') at 13537, n. 15. Although subparagraphs (A) 
and (B) of section 188(b)(1) contain specific timeframes for the EPA 
to reclassify any areas that it determines cannot practicably attain 
the PM2.5 standards by the applicable attainment date, 
these subparagraphs do not restrict the general authority to 
reclassify an area, as appropriate, at any time before the 
attainment date but simply specify that, at a minimum, the EPA's 
authority must be exercised at certain times. See id.
    \3\ The PM2.5 monitoring data that EPA reviewed 
indicate that 24-hour PM2.5 design values are at 65 ug/m3 
in the SJV, which is well above the level of the 2006 
PM2.5 NAAQS (35 ug/m3). EPA also calculated ``maximum 
allowed'' 2015 concentrations that would enable the area to attain 
the 2006 24-hour PM2.5 NAAQS by the end of 2015 and found 
that all monitoring sites examined--Bakersfield-California Ave, 
Bakersfield-Planz Rd., Fresno-Garland, Fresno-Pacific, and Hanford--
would have to record negative PM2.5 concentrations in 
2015 to show PM2.5 design values at or below the level of 
the 2006 PM2.5 NAAQS. See 80 FR 1816, 1834 and n. 69 
(January 13, 2015).
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    In our proposed rule, we explained that, 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 SJV was designated nonattainment for the 2006 
PM2.5 NAAQS effective December 14, 2009.\4\ Therefore, as a 
result of our reclassification of the SJV area as a Serious 
nonattainment area, the attainment date under section 188(c)(2) of the 
Act for the 2006 PM2.5 NAAQS in this area is as 
expeditiously as practicable but no later than December 31, 2019.
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    \4\ 74 FR 58688 (November 13, 2009).
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    Our proposed rule also identified the additional Serious area 
attainment plan elements that California would, upon reclassification, 
have to submit to satisfy the statutory requirements that apply to 
Serious areas, including the requirements of subpart 4 of part D, title 
I of the Act.\5\ The EPA explained that, under section 189(b)(2) of the 
Act, the State must submit the required provisions to implement best 
available control measures (BACM), including best available control 
technology (BACT), no later than 18 months after reclassification and 
must submit the required attainment demonstration no later than 4 years 
after reclassification. Given the December 31, 2019, Serious area 
attainment date applicable to this area under CAA section 188(c)(2), 
however, we noted that we expect the State to adopt and submit a 
Serious area plan for these NAAQS well before the statutory SIP 
submittal deadline in CAA section 189(b)(2).\6\
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    \5\ See proposed rule at 80 FR 1842 (January 13, 2015).
    \6\ Id. at 1843.
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    With respect to the nonattainment new source review (NNSR) program 
revisions to establish appropriate ``major stationary source'' 
thresholds for direct PM2.5 and PM2.5 precursors 
in accordance with CAA section 189(b)(3), the EPA proposed to require 
the State to submit these NNSR SIP revisions no later than 12 months 
after the effective date of final reclassification, and requested 
comment on this proposed 12-month timeframe.

II. Summary of Final Action

    Today we are finalizing only our proposal to reclassify the SJV 
area as a Serious nonattainment area for the 2006 PM2.5 
NAAQS. We are not taking final action at this time on our proposal to 
approve elements of California's Moderate area plan for the 2006 
PM2.5 NAAQS in the SJV and will complete that action at a 
later time.
    As a consequence of our reclassification of the SJV area as Serious 
nonattainment for the 2006 PM2.5 NAAQS, California is 
required to submit additional SIP revisions to satisfy the statutory 
requirements that apply to Serious areas, including the requirements of 
subpart 4 of part D, title I of the Act. For the reasons provided in 
Section III of this preamble, the EPA is requiring the State to adopt 
and submit all required components of the Serious Area attainment plan 
for the SJV no later than 18 months after the effective date of this 
reclassification.
    We are finalizing our proposal to require that California adopt and 
submit NNSR SIP revisions to implement subpart 4 requirements for the 
2006 PM2.5 NAAQS in the SJV area no later than 12 months 
after the effective date of this reclassification, to the extent those 
requirements have not already been met by the NNSR SIP revisions due 
May 7, 2016 for purposes of implementing the 1997 PM2.5 
NAAQS.\7\
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    \7\ See 40 CFR 52.245(c) and 80 FR 18528, 18533 (April 7, 2015).
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    The attainment date under section 188(c)(2) of the Act for the 2006 
PM2.5 NAAQS in this area is as expeditiously as practicable 
but no later than December 31, 2019.

III. Public Comments and EPA Responses

    The EPA received two comment letters on our proposed actions. 
Comment letters were submitted by the San Joaquin Valley Air Pollution 
Control District (``SJVAPCD'' or ``District''), and by Earthjustice on 
behalf of the Central Valley Air Quality Coalition, Greenaction, the 
Association of Irritated Residents, the Sierra Club--Tehipite Chapter, 
and Global Community Monitor, (``Earthjustice'') on

[[Page 2995]]

February 27, 2015, prior to the close of the comment period on our 
proposal.\8\
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    \8\ See letter dated February 27, 2015, from Sheraz Gill, 
Director of Strategies and Incentives at SJVAPCD, to Wienke Tax, EPA 
Region 9, ``Re: Docket No. EPA-R09-OAR-2014-0636, Comments on 
Proposed Approval and Promulgation of Implementation Plans; 
Designation of Areas for Air Quality Planning Purposes; California; 
San Joaquin Valley Moderate Area Plan and Reclassification as 
Serious Nonattainment for the 2006 PM2.5 NAAQS,'' and 
letter dated February 27, 2015 from Paul Cort and Adenike Adeyeye, 
Earthjustice, to Ms. Wienke Tax, Air Planning Office, USEPA Region 
9.
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    Because we are finalizing only our proposal to reclassify the SJV 
area as Serious nonattainment for the 2006 PM2.5 NAAQS, we 
are responding only to comments pertaining to the reclassification and 
its consequences. We summarize and respond to the relevant comments 
below. In a separate rulemaking, we will take final action on 
California's submitted Moderate area plan for the 2006 PM2.5 
NAAQS in the SJV and will respond to comments pertaining to our 
proposed action on the submitted plan at that time.
    Comment 1: The SJVAPCD supports the EPA's proposal to require the 
state to submit a revised Nonattainment New Source Review (NNSR) rule 
within twelve months of the EPA's serious nonattainment 
reclassification. However, the District asks for the EPA to clarify 
that this submission will not be required before the EPA can grant an 
extension of the attainment deadline for the 1997 PM2.5 
standards under CAA section 188(e). The District comments that the EPA 
has provided ``no valid justification'' for requiring the revised NNSR 
rule to be submitted before the EPA can approve the attainment deadline 
extension, and argues that CAA section 188(e) contains ``no mention of 
NSR, either directly or by implication, that would lead one to believe 
that the updated NSR rule is required prior to approval of the 
attainment deadline extension.'' The District asserts that the EPA is 
asking it to begin an expedited process to adopt a serious area NSR 
rule before the area has been reclassified as serious nonattainment and 
without implementation rules or guidance.
    Response 1: We are finalizing our proposal to require that 
California adopt and submit NNSR SIP revisions to implement subpart 4 
requirements for the 2006 PM2.5 NAAQS in the SJV area no 
later than 12 months after the effective date of this reclassification. 
We note that California is required to submit NNSR SIP revisions 
addressing the requirements for Serious PM2.5 nonattainment 
areas under subpart 4 by May 7, 2016, as a result of our previous 
reclassification of the SJV as Serious nonattainment for the 1997 
PM2.5 NAAQS.\9\ Nonattainment NSR SIP revisions that satisfy 
the Serious Area requirements of CAA sections 189(b)(3) and 189(e) for 
purposes of the 1997 PM2.5 NAAQS may also satisfy these 
requirements for the 2006 PM2.5 NAAQS.
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    \9\ See 40 CFR 52.245(c) and 80 FR 18528, 18533 (April 7, 2015). 
We are making minor clarifications to the regulatory text in 40 CFR 
52.245(c) to indicate that the May 7, 2016 deadline therein pertains 
only to NNSR SIP revisions necessary to implement the 1997 
PM2.5 NAAQS.
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    The District's comments about the criteria for an extension of the 
attainment date for the 1997 PM2.5 standards under CAA 
section 188(e) are not relevant to this action, which pertains only to 
the SJV area's classification for the 2006 PM2.5 NAAQS and 
related SIP submission deadlines. This reclassification action does not 
affect the State's obligations with respect to the 1997 
PM2.5 standards or any other NAAQS. We previously responded 
to the District's comments concerning the relevance of NNSR SIP 
revisions to the section 188(e) criteria for an extension of the 
attainment date for the 1997 PM2.5 standards, as part of our 
final action reclassifying the SJV area as a Serious nonattainment area 
for the 1997 PM2.5 NAAQS (see 80 FR 18528, April 7, 2015).
    Comment 2: Earthjustice supports the EPA's proposed 
reclassification of the SJV to serious nonattainment, but comments that 
the agency should impose earlier deadlines for the submission of BACM 
measures and the serious area attainment demonstration. Earthjustice 
states that CAA section 189(b)(2) requires a state to submit an 
attainment demonstration for an area within 4 years after the area is 
reclassified to serious nonattainment and a BACM plan within 18 months 
after the area is reclassified. Earthjustice argues that, had the EPA 
applied the requirements of subpart 4 at the time, the EPA would have 
had to reclassify the SJV area as Serious within 18 months after the 
required date for the area's Moderate area plan, i.e., by December 14, 
2012, and that the SIP submission deadlines should therefore be 
measured from this date. According to Earthjustice, this would mean 
that the BACM measures were due June 14, 2014, and that the serious 
area attainment demonstration is due December 14, 2016. For this 
reason, Earthjustice asserts that the EPA should declare the BACM 
submission already overdue (triggering a sanctions clock), and should 
require the state to submit its attainment demonstration by no later 
than December 14, 2016. Earthjustice contends that the EPA's failure to 
apply these deadlines will ``serve to perpetuate EPA's error'' in not 
initially applying subpart 4 requirements to implementation of the 
PM2.5 NAAQS.
    Earthjustice further argues that although the EPA did not interpret 
the schedules in section 189(b)(2) to apply to PM2.5 plans 
prior to the D.C. Circuit's decision in Natural Res. Def. Council v. 
EPA, 706 F.3d 428 (D.C. Cir. 2013) (``NRDC''), the agency's decision to 
apply these deadlines would not represent improper retroactive 
application of the statute. In support, Earthjustice cites the U.S. 
Supreme Court in Rivers v. Roadway Express, Inc., 511 U.S. 298 (1994) 
for the proposition that judicial construction of a statute interprets 
the statute's meaning ``continuously since the date when it became 
law,'' ``before as well as after'' the court's decision. 
Notwithstanding disagreements about what constitutes retroactive 
application of subpart 4 deadlines, however, Earthjustice argues that 
the EPA should exercise its discretion, as it has done for the NSR SIP 
deadline, to set a December 14, 2016 deadline for submission of the 
serious area attainment demonstration.
    Response 2: We disagree with the commenter's assertion that the 
deadlines in CAA section 189(b)(2) for submission of the State's BACM 
plan and Serious Area attainment plan should be measured from December 
14, 2012. Section 189(b)(1) of the Act requires that ``each State in 
which all or part of a Serious Area is located'' submit a Serious Area 
attainment demonstration and BACM provisions. Section 189(b)(2) 
requires the State to submit the Serious Area attainment demonstration 
``no later than 4 years after reclassification of the area to Serious'' 
and to submit the BACM provisions ``no later than 18 months after 
reclassification of the area as a Serious Area.'' These provisions of 
the Act plainly require that states submit Serious Area SIP elements 
only for PM2.5 nonattainment areas that have been 
reclassified as Serious under subpart 4.
    Prior to this reclassification action, the SJV area was classified 
as a Moderate Area for the 2006 PM2.5 NAAQS and therefore 
was not subject to the requirements for Serious Area plans in CAA 
section 189(b) for these NAAQS. Because the EPA did not reclassify the 
SJV area as a Serious Area effective December 14, 2012, it is not 
appropriate to establish SIP submission deadlines under section 
189(b)(2) based on a December 14, 2012 reclassification date. Moreover, 
to do so in this instance would mean that the BACM provisions

[[Page 2996]]

are overdue (as of June 14, 2014) and that the Serious Area attainment 
demonstration is due December 14, 2016, less than one year after the 
effective date of this final reclassification action. We do not believe 
that the NRDC court's January 4, 2013 decision should be interpreted so 
as to retroactively impose on the State subpart 4 requirements and 
deadlines of which it had no notice.\10\
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    \10\ In rulemakings for individual areas subsequent to the NRDC 
decision, the EPA has explained in detail its view that the 
requirements of the CAA should not be implemented retroactively 
based upon the court's decision. See, e.g., 78 FR 41698 (July 11, 
2013) (final redesignation of Indianapolis to attainment for 1997 
annual PM2.5 standard). The U.S. District Court for the 
District of Colorado recently agreed with the EPA's position that 
the court's decision in NRDC does not require retroactive 
application of Subpart 4 requirements. See WildEarth Guardians v. 
Gina McCarthy, Case No. 13-CV-1275-WJM-KMT (D. Colo., March 11, 
2014) (dismissing plaintiff's claim that the EPA missed a non-
discretionary deadline based on retroactive application of Subpart 
4).
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    We also disagree with the commenter's argument that, had the EPA 
applied subpart 4, the EPA would have had to reclassify the SJV area by 
December 14, 2012. The commenter contends that the EPA's authority to 
reclassify a Moderate area as Serious under CAA section 188(b)(1) is 
available only within the timeframe specified in section 188(b)(1)(B), 
i.e., within 18 months after the due date for the State's Moderate area 
SIP. As explained in the 1992 General Preamble, however, ``[u]nder the 
plain meaning of the terms of section 188(b)(1), EPA has general 
discretion to reclassify at any time before the applicable attainment 
date any area EPA determines cannot practicably attain the standards by 
such date'' (emphases added).\11\ With respect to the dates specified 
in subsections (A) and (B) of section 188(b)(1), the EPA specifically 
explained in the General Preamble that ``[t]hese subparagraphs do not 
restrict the general authority [in section 188(b)(1)] but simply 
specify that, at a minimum, it must be exercised at certain times.'' 
\12\ This interpretation of section 188(b)(1) as allowing the EPA to 
reclassify moderate areas as serious ``at any time EPA determines that 
an area cannot practicably attain the standards by the applicable 
attainment date'' facilitates the statutory objective of attaining the 
PM-10 standards--e.g., by ensuring that additional control measures 
such as BACM are implemented sooner and by expediting the application 
of more stringent new source review requirements.\13\ The EPA 
reiterated this interpretation of section 188(b)(1) in the 1994 PM-10 
Addendum \14\ and in several discretionary reclassification actions 
subsequent to the 1990 CAA Amendments.\15\
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    \11\ General Preamble, 57 FR 13498, 13537 at n. 15 (April 16, 
1992).
    \12\ Id.
    \13\ General Preamble, 57 FR 13498, 13537.
    \14\ ``State Implementation Plans for Serious PM-10 
Nonattainment Areas, and Attainment Date Waivers for PM-10 
Nonattainment Areas Generally; Addendum to the General Preamble for 
the Implementation of Title I of the Clean Air Act Amendments of 
1990,'' 59 FR 41998, 41999 (August 16, 1994) (the ``PM-10 
Addendum'').
    \15\ See 58 FR 3334, 3336 (Jan. 8, 1993) (discharging EPA's 
statutory duty under section 188(b)(1)(A) to ``reclassify 
appropriate initial moderate PM-10 nonattainment areas as serious by 
December 31, 1991'' but noting EPA's broad discretion under section 
188(b)(1) to reclassify additional areas at a later date); see also 
80 FR 18528 (April 7, 2015) (final discretionary reclassification of 
San Joaquin Valley for 1997 PM2.5 NAAQS signed March 27, 
2015).
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    Specifically, with respect to areas designated nonattainment by 
operation of law upon enactment of the 1990 CAA Amendments (i.e., 
``initial'' PM-10 nonattainment areas), the EPA's longstanding 
interpretation of section 188(b)(1)(A) has been that ``the amended Act 
specifies certain dates by which EPA must propose to reclassify 
appropriate moderate areas as serious. . . and take final action,'' 
where the EPA determines that the area cannot ``practicably'' attain 
the PM-10 NAAQS by December 31, 1994.\16\ The EPA further explained, 
however, that ``EPA also has discretionary authority under section 
188(b)(1) to reclassify any of these areas as serious at any time, if 
EPA determines they cannot practicably attain the PM-10 NAAQS by 
December 31, 1994,'' \17\ and provided examples of the circumstances 
that may warrant such discretionary reclassification at a later date--
i.e., after the December 31, 1991 date specified in section 
188(b)(1)(A).\18\ In the PM-10 Addendum, the EPA stated that 
``[s]ection 188(b)(1)(A) provides an accelerated schedule by which EPA 
is to reclassify appropriate initial PM-10 nonattainment areas'' but 
reiterated the Agency's interpretation of section 188(b)(1) as a 
general grant of authority to also reclassify initial PM-10 areas at 
later points in time before the attainment date.\19\
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    \16\ General Preamble, 57 FR 13498, 13537. Under section 
188(c)(1) of the Act, December 31, 1994 was the latest permissible 
Moderate area attainment date for an area designated nonattainment 
for PM-10 by operation of law under the 1990 CAA Amendments.
    \17\ General Preamble, 57 FR 13498, 13537.
    \18\ Id. (``The EPA may exercise this discretion where, for 
example, EPA originally believed an area could attain the PM-10 
NAAQS by December 31, 1994 but later determines that it cannot 
attain''); see also 56 FR 58656, 58657 (Nov. 21, 1991) (noting that 
``EPA also has discretion to reclassify any of these areas as 
serious after December 31, 1991 (e.g., after reviewing the State's 
PM-10 SIP), if EPA determines they cannot practicably attain the PM-
10 NAAQS by December 31, 1994'') and 58 FR 3334, 3336 (Jan. 8, 1993) 
(noting that EPA may in the future reclassify additional PM-10 
nonattainment areas using its discretionary authority in section 
188(b)(1)).
    \19\ PM-10 Addendum, 59 FR 41998, 41999 (August 16, 1994) (``In 
the future, EPA anticipates that, generally, any decision to 
reclassify an initial PM-10 nonattainment area before the attainment 
date will be based on specific facts or circumstances demonstrating 
that the NAAQS cannot practicably be attained by December 31, 1994* 
* *'').
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    Likewise, the EPA has long interpreted section 188(b)(1)(B) as 
establishing a ``timeframe within which EPA is to reclassify 
appropriate areas designated nonattainment for PM-10 subsequent to 
enactment of the 1990 Amendments'' but not as a limitation on EPA's 
general authority to reclassify such areas at any time before the 
applicable attainment date.\20\ In the PM-10 Addendum, the EPA 
reiterated its view that the directive in section 188(b)(1)(B) ``does 
not restrict EPA's general authority, but simply specifies that it is 
to be exercised, as appropriate, in accordance with certain dates.'' 
\21\ The EPA recently finalized a discretionary reclassification action 
for the SJV PM2.5 nonattainment area shortly before the 
applicable attainment date, consistent with this interpretation of CAA 
section 188(b)(1).\22\ In light of the EPA's longstanding and 
consistent interpretation of section 188(b)(1) as a general grant of 
discretionary authority to reclassify any Moderate area as a Serious 
area at any time before the applicable attainment date, based on a 
determination that the area cannot practicably attain the NAAQS by that 
date, we disagree with the commenter's claim that the EPA should have 
reclassified the SJV area as Serious by December 14, 2012.
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    \20\ General Preamble, 57 FR at 13537 and PM-10 Addendum, 59 FR 
at 41999.
    \21\ PM-10 Addendum, 59 FR 41998, 41999 at n. 4 (August 16, 
1994).
    \22\ See 80 FR 18528 (April 7, 2015) (final discretionary 
reclassification of San Joaquin Valley for 1997 PM2.5 
NAAQS signed March 27, 2015).
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    Upon further consideration and in light of the specific 
circumstances in the SJV PM2.5 nonattainment area, however, 
the EPA is exercising its discretion to establish a deadline of 18 
months from the effective date of this final reclassification action 
for the State to submit all required components of the Serious Area 
attainment plan for the 2006 PM2.5 NAAQS in the SJV. An 18-
month deadline for submission of these SIP elements is appropriate in 
this instance because it both enables the EPA to evaluate the required 
attainment plan well before the outermost attainment date applicable to 
the area under CAA section 188(c)(2) and enables the State to develop 
its strategy

[[Page 2997]]

for attaining the 2006 PM2.5 NAAQS in conjunction with its 
development of a plan to provide for attainment of the 2012 primary 
annual PM2.5 NAAQS in this same area, which is due October 
15, 2016.\23\ Although the State's obligations with respect to 
implementation of a Moderate area plan for the 2012 PM2.5 
NAAQS are separate and distinct from its obligations with respect to 
implementation of a Serious area plan for the 2006 PM2.5 
NAAQS, it is reasonable in this instance to require the State to 
develop its control strategies for both PM2.5 NAAQS in the 
SJV area in a similar timeframe, considering the benefits of 
streamlining these planning processes to the extent possible.
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    \23\ The EPA designated and classified the SJV as Moderate 
nonattainment for the 2012 primary annual PM2.5 NAAQS 
effective April 15, 2015. 80 FR 2206, 2215-16 (January 15, 2015). 
Under CAA section 189(a)(2)(B), California is required to adopt and 
submit a plan to provide for attainment of these NAAQS within 18 
months after the nonattainment designation, i.e., by October 15, 
2016.
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    In addition, an 18-month deadline for submission of the Serious 
area plan is consistent with both the timeframe for initial Moderate 
area plan submissions upon designation of an area as nonattainment and 
the timeframe for Serious area plan submissions following an EPA 
determination of failure to attain and reclassification by operation of 
law under CAA section 188(b)(2).\24\ It is reasonable for the EPA to 
exercise its discretion to establish a similar SIP submission deadline 
in this instance, given the proximity of this action to the Moderate 
area attainment date (December 31, 2015) and the likelihood that, 
should the attainment date pass, the EPA would have to determine under 
section 188(b)(2) that the SJV area failed to attain the 
PM2.5 NAAQS by that date. Although CAA section 189(b)(2) 
generally provides for up to 4 years after a discretionary 
reclassification for the State to submit the required attainment 
demonstration, we find it appropriate in this case to establish an 
earlier SIP submission deadline to assure timely implementation of the 
statutory requirements.\25\ Furthermore, the 18-month SIP submission 
deadline that we are finalizing in this action requires California to 
submit its Serious Area plan for the SJV area before the statutory SIP 
submission deadline that would apply upon reclassification by operation 
of law under section 188(b)(2).\26\
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    \24\ CAA sections 189(a)(2)(B) and 189(b)(2).
    \25\ Section 189(b)(2) establishes outer bounds on the SIP 
submission deadlines and does not preclude the EPA's establishment 
of earlier deadlines as necessary or appropriate to assure 
consistency among the required submissions and to implement the 
statutory requirements, including the requirement that attainment be 
as expeditious as practicable.
    \26\ Under CAA section 188(b)(2), the EPA must determine within 
6 months after the applicable attainment date whether the area 
attained the NAAQS by that date. If the EPA determines that a 
Moderate Area is not in attainment after the applicable attainment 
date, the area is reclassified by operation of law as a Serious 
Area, and the Serious Area attainment plan is due within 18 months 
after such reclassification. CAA sections 188(b)(2) and 189(b)(2).
---------------------------------------------------------------------------

    Finally, the EPA is requiring California to submit revised 
nonattainment NSR program requirements no later than 12 months after 
final reclassification, to the extent those requirements have not 
already been met by the NNSR revisions due May 7, 2016 for purposes of 
implementing the 1997 PM2.5 NAAQS in the SJV.\27\ The Act 
does not specify a deadline for the State's submission of SIP revisions 
to meet NNSR program requirements to lower the ``major stationary 
source'' threshold from 100 tons per year (tpy) to 70 tpy (CAA section 
189(b)(3)) and to address the control requirements for major stationary 
sources of PM2.5 precursors (CAA section 189(e)) \28\ 
following reclassification of a Moderate PM2.5 nonattainment 
area as Serious nonattainment under subpart 4. Pursuant to the EPA's 
gap-filling authority in CAA section 301(a) and to effectuate the 
statutory control requirements in section 189 of the Act, the EPA is 
requiring the State to submit these NNSR SIP revisions, as well as any 
necessary analysis of and additional control requirements for major 
stationary sources of PM2.5 precursors, no later than 12 
months after the effective date of final reclassification of the SJV 
area as Serious nonattainment for the 2006 PM2.5 NAAQS.
---------------------------------------------------------------------------

    \27\ See 40 CFR 52.245(c) and 80 FR 18528, 18533 (April 7, 
2015).
    \28\ Section 189(e) requires that the control requirements 
applicable to major stationary sources of PM2.5 also 
apply to major stationary sources of PM2.5 precursors, 
except where the state demonstrates to the EPA's satisfaction that 
such sources do not contribute significantly to PM2.5 
levels that exceed the standard in the area.
---------------------------------------------------------------------------

IV. Final Action

A. Reclassification as Serious Nonattainment and Applicable Attainment 
Date

    In accordance with section 188(b)(1) of the Act, the EPA is taking 
final action to reclassify the SJV area from Moderate to Serious 
nonattainment for the 2006 primary and secondary 24-hour 
PM2.5 standards of 35 [mu]g/m\3\, based on the EPA's 
determination that the SJV area cannot practicably attain these 
standards by the applicable attainment date of December 31, 2015.
    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 SJV area was designated 
nonattainment for the 2006 PM2.5 NAAQS effective December 
14, 2009.\29\ Therefore, as a result of our reclassification of the SJV 
area as a Serious nonattainment area, the attainment date under section 
188(c)(2) of the Act for the 2006 PM2.5 NAAQS in this area 
is as expeditiously as practicable but no later than December 31, 2019.
---------------------------------------------------------------------------

    \29\ See 74 FR 58688 (November 13, 2009).
---------------------------------------------------------------------------

B. Reclassification of Reservation Areas of Indian Country

    Eight Indian tribes are located within the boundaries of the San 
Joaquin Valley PM2.5 nonattainment area: The Big Sandy 
Rancheria of Mono Indians of California, the Cold Springs Rancheria of 
Mono Indians of California, the North Fork Rancheria of Mono Indians of 
California, the Picayune Rancheria of Chukchansi Indians of California, 
the Santa Rosa Rancheria of the Tachi Yokut Tribe, the Table Mountain 
Rancheria of California, the Tejon Indian Tribe, and the Tule River 
Indian Tribe of the Tule River Reservation.
    We have considered the relevance of our final action to reclassify 
the SJV nonattainment area as Serious nonattainment for the 2006 
PM2.5 standards to each tribe located within the SJV area. 
As discussed in more detail in our proposed rule, we believe that the 
same facts and circumstances that support the reclassification for the 
non-Indian country lands also support reclassification for reservation 
areas of Indian country \30\ and any other areas of Indian country 
where the EPA or a tribe has demonstrated that the tribe has 
jurisdiction located within the SJV nonattainment area.\31\ In this 
final action, the EPA is therefore exercising our authority under CAA 
section 188(b)(1) to reclassify reservation areas of Indian country and 
any other areas of Indian country where the EPA or a tribe

[[Page 2998]]

has demonstrated that the tribe has jurisdiction geographically located 
in the SJV nonattainment area. Section 188(b)(1) broadly authorizes the 
EPA to reclassify a nonattainment area--including any such area of 
Indian country located within such area--that the EPA determines cannot 
practicably attain the relevant standards by the applicable attainment 
date.
---------------------------------------------------------------------------

    \30\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to: 
``(a) All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and, including rights-of-way running through 
the reservation, (b) all dependent Indian communities within the 
borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a state, and (c) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same.''
    \31\ See 80 FR 1816, at 1843, 1844 (January 13, 2015).
---------------------------------------------------------------------------

    In light of the considerations outlined above and in our proposed 
rulemaking that support retention of a uniformly-classified 
PM2.5 nonattainment area, and our finding that it is 
impracticable for the area to attain by the applicable attainment date, 
we are finalizing our reclassification of the reservation areas of 
Indian country and any other areas of Indian country where the EPA or a 
tribe has demonstrated that the tribe has jurisdiction within the San 
Joaquin Valley nonattainment area to Serious for the 2006 
PM2.5 standards.
    The effect of reclassification would be to lower the applicable 
``major stationary source'' emissions thresholds for direct 
PM2.5 and PM2.5 precursors for purposes of the 
NNSR program and the Title V operating permit program (CAA sections 
189(b)(3) and 501(2)(B)), thus subjecting more new or modified 
stationary sources to these requirements. The reclassification may also 
lower the de minimis threshold under the CAA's General Conformity 
requirements (40 CFR part 93, subpart B) from 100 tpy to 70 tpy. Under 
the General Conformity requirements (40 CFR part 93, subpart B), 
federal agencies bear the responsibility of determining conformity of 
actions in nonattainment and maintenance areas that require federal 
permits, approvals, or funding. Such permits, approvals or funding by 
federal agencies for projects in these areas of Indian country may be 
more difficult to obtain because of the lower de minimis thresholds.
    Given the potential implications of the reclassification, the EPA 
contacted tribal officials early in the process of developing this 
action to permit them to have meaningful and timely input into its 
development. The EPA invited tribal officials to consult during the 
development of the proposed rule and following signature of the 
proposed rule.\32\ On February 17, 2015, the EPA received a letter 
dated January 30, 2015 from the Tejon Tribe requesting information 
about the proposed reclassification. The EPA subsequently invited the 
Tejon Tribe several times to participate in a conference call but 
received no response from the Tribe. No other Indian tribe has 
expressed an interest in discussing this action with the EPA. We 
continue to invite Indian tribes in the SJV to contact the EPA with any 
questions about the effects of this reclassification on tribal 
interests and air quality. We note that although eligible tribes may 
opt to seek EPA approval of relevant tribal programs under the CAA, 
none of the affected tribes will be required to submit an 
implementation plan to address this reclassification.
---------------------------------------------------------------------------

    \32\ As discussed in more detail in our proposed rule, the EPA 
sent letters to tribal officials inviting government-to-government 
consultation. The letters can be found in the docket.
---------------------------------------------------------------------------

C. PM2.5 Serious Area SIP Requirements

    As a consequence of our reclassification of the SJV area as a 
Serious nonattainment area for the 2006 PM2.5 NAAQS, 
California is required to submit additional SIP revisions to satisfy 
the statutory requirements that apply to Serious areas, including the 
requirements of subpart 4 of part D, title I of the Act.
    The Serious area SIP elements that California must submit are as 
follows:
    1. Provisions to assure that BACM, including BACT for stationary 
sources, for the control of direct PM2.5 and 
PM2.5 precursors shall be implemented no later than 4 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 no later 
than December 31, 2019, or where the State is seeking an extension of 
the attainment date under section 188(e), a demonstration that 
attainment by December 31, 2019 is impracticable and that the plan 
provides for attainment by the most expeditious alternative date 
practicable (CAA sections 188(c)(2) and 189(b)(1)(A));
    3. Plan provisions that require reasonable further progress (RFP) 
(CAA section 172(c)(2));
    4. Quantitative milestones which are to be achieved every 3 years 
until the area is redesignated attainment and which 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 direct PM2.5 also apply to major 
stationary sources of PM2.5 precursors, except where the 
State demonstrates to the EPA's satisfaction that such sources do not 
contribute significantly to PM2.5 levels that exceed the 
standard in the area (CAA section 189(e));
    6. A comprehensive, accurate, current inventory of actual emissions 
from all sources of direct PM2.5 and all PM2.5 
precursors in the area (CAA section 172(c)(3));
    7. Contingency measures to be implemented if the area fails to meet 
RFP or to attain by the applicable attainment date (CAA section 
172(c)(9)); and
    8. A revision to the NNSR program to establish appropriate ``major 
stationary source'' \33\ thresholds for direct PM2.5 and 
PM2.5 precursors (CAA section 189(b)(3)).
---------------------------------------------------------------------------

    \33\ 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 tons per year of 
PM10 (CAA section 189(b)(3)).
---------------------------------------------------------------------------

    Section 189(b)(2) states, in relevant part, that the State must 
submit the required BACM provisions ``no later than 18 months after 
reclassification of the area as a Serious Area'' and must submit the 
required attainment demonstration ``no later than 4 years after 
reclassification of the area to Serious.'' For the reasons provided in 
Section III of this preamble (Public Comments and EPA Responses), the 
EPA is requiring the State to adopt and submit all components of the 
Serious area attainment plan for the 2006 PM2.5 NAAQS in the 
SJV no later than 18 months after the effective date of 
reclassification.
    Finally, for the reasons provided in our proposed rule \34\ and in 
our response to comments above, we are finalizing our proposal to 
require the State to submit NNSR SIP revisions to implement subpart 4 
Serious Area requirements for the 2006 PM2.5 NAAQS in the 
SJV area no later than 12 months after the effective date of this 
reclassification, to the extent those requirements have not already 
been met by the NNSR revisions due May 7, 2016 for purposes of 
implementing the 1997 PM2.5 NAAQS in the SJV.\35\ 
Nonattainment NSR SIP revisions that satisfy the Serious Area 
requirements of CAA sections 189(b)(3) and 189(e) for purposes of the 
1997 PM2.5 NAAQS may also satisfy these requirements for the 
2006 PM2.5 NAAQS.
---------------------------------------------------------------------------

    \34\ See 80 FR 1816, at 1843. (January 13, 2015).
    \35\ See 40 CFR 52.245(c) and 80 FR 18528, 18533 (April 7, 
2015).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

[[Page 2999]]

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is exempt from review by the Office of Management and 
Budget (OMB) because it relates to a designation of an area for air 
quality purposes and will reclassify the SJV from its current air 
quality designation of Moderate nonattainment to Serious nonattainment 
for the 2006 PM2.5 NAAQS.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This action 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. The final 
rule requires the state to adopt and submit SIP revisions to satisfy 
the statutory requirements that apply to Serious areas, and would not 
itself directly regulate any small entities (see section III.C of this 
final rule).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate of $100 million 
or more and does not significantly or uniquely affect small 
governments, as described in UMRA (2 U.S.C. 1531-1538). This action 
itself imposes no enforceable duty on any state, local, or tribal 
governments, or the private sector. The final action reclassifies the 
SJV nonattainment area as Serious nonattainment for the 2006 
PM2.5 NAAQS, which triggers existing statutory duties for 
the state to submit SIP revisions. Such a reclassification in and of 
itself does not impose any federal intergovernmental mandate. The final 
action does not require any tribes to submit implementation plans.

E. Executive Order 13132: Federalism

    This action does not have federalism implications.

F. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    This action may have tribal implications. However, it will neither 
impose substantial direct compliance costs on federally recognized 
tribal governments, nor preempt tribal law. Eight Indian tribes are 
located within the boundaries of the SJV nonattainment area for the 
2006 PM2.5 NAAQS: The Big Sandy Rancheria of Mono Indians of 
California, the Cold Springs Rancheria of Mono Indians of California, 
the North Fork Rancheria of Mono Indians of California, the Picayune 
Rancheria of Chukchansi Indians of California, the Santa Rosa Rancheria 
of the Tachi Yokut Tribe, the Table Mountain Rancheria of California, 
the Tejon Indian Tribe, and the Tule River Indian Tribe of the Tule 
River Reservation. We note that none of the tribes located in the SJV 
nonattainment area has requested eligibility to administer programs 
under the Clean Air Act. This final action affects the EPA's 
implementation of the new source review program because of the lower 
``major stationary source'' threshold triggered by reclassification 
(CAA 189(b)(3)). The final action may also affect new or modified 
stationary sources proposed in these areas that require federal 
permits, approvals, or funding. Such projects are subject to the 
requirements of the EPA's General Conformity rule, and federal permits, 
approvals, or funding for the projects may be more difficult to obtain 
because of the lower de minimis thresholds triggered by 
reclassification.
    Given these potential implications, consistent with the EPA Policy 
on Consultation and Coordination with Indian Tribes, the EPA contacted 
tribal officials early in the process of developing this action to 
permit them to have meaningful and timely input into its development. 
The EPA invited tribal officials to consult during the development of 
the proposed rule and following signature of the proposed rule. As 
discussed in more detail in our proposed action, we sent letters to 
leaders of the tribes with areas of Indian country in the SJV 
nonattainment area inviting government-to-government consultation on 
the rulemaking effort. On February 17, 2015, the EPA received a letter 
dated January 30, 2015 from the Tejon Tribe requesting information 
about the proposed reclassification. The EPA subsequently invited the 
Tejon Tribe several times to participate in a conference call but 
received no response from the Tribe. No other Indian tribe has 
expressed an interest in discussing this action with the EPA. We 
continue to invite Indian tribes in the SJV to contact the EPA with any 
questions about the effects of this reclassification on tribal 
interests and air quality.

G. Executive Order 13045, Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23, 
1997) 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 reclassifies 
the SJV nonattainment area as Serious nonattainment for the 2006 
PM2.5 NAAQS, which triggers additional Serious area planning 
requirements under the CAA. This 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 final action 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

    This action is not subject to the requirements of Section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) because it does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Population

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations. This action reclassifies the SJV 
nonattainment area as Serious nonattainment for the 2006 
PM2.5 NAAQS, which triggers additional Serious area planning 
requirements under the CAA.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal

[[Page 3000]]

Register. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2). This rule will be effective on February 
19, 2016.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 21, 2016. 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

40 CFR Part 52

    Air pollution control, Incorporation by reference, 
Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control.

    Dated: December 22, 2015.
Jared Blumenfeld,
Regional Administrator, EPA Region 9.
    Chapter I, title 40 of the Code of Federal Regulations is amended 
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.

0
2. Section 52.245 is amended by revising paragraph (c) and adding 
paragraph (e) to read as follows:

Sec.  52.245  New Source Review rules.

* * * * *
    (c) By May 7, 2016, the New Source Review rules for 
PM2.5 for the San Joaquin Valley Unified Air Pollution 
Control District must be revised and submitted as a SIP revision. The 
rules must satisfy the requirements of sections 189(b)(3) and 189(e) 
and all other applicable requirements of the Clean Air Act for 
implementation of the 1997 PM2.5 NAAQS.
* * * * *
    (e) By February 21, 2017, the New Source Review rules for 
PM2.5 for the San Joaquin Valley Unified Air Pollution 
Control District must be revised and submitted as a SIP revision. The 
rules must satisfy the requirements of sections 189(b)(3) and 189(e) 
and all other applicable requirements of the Clean Air Act for 
implementation of the 2006 PM2.5 NAAQS.

0
3. Section 52.247 is amended by adding paragraph (e) to read as 
follows:

Sec.  52.247  Control Strategy and regulations: Fine Particle Matter.

* * * * *
    (e) By August 21, 2017, California must adopt and submit a Serious 
Area plan to provide for attainment of the 2006 PM2.5 NAAQS 
in the San Joaquin Valley PM2.5 nonattainment area. The 
Serious Area plan must include emissions inventories, an attainment 
demonstration, best available control measures, a reasonable further 
progress plan, quantitative milestones, contingency measures, and such 
other measures as may be necessary or appropriate to provide for 
attainment of the 2006 PM2.5 NAAQS by the applicable 
attainment date, in accordance with the requirements of subparts 1 and 
4 of part D, title I of the Clean Air Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
5. Section 81.305 is amended in the table titled ``California--2006 24-
Hour PM2.5 NAAQS [Primary and secondary],'' by revising the 
entries under ``San Joaquin Valley, CA'' to read as follows:

Sec.  81.305  California.

* * * * *

                                      California--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                              Designation \a\                         Classification
         Designated area          ------------------------------------------------------------------------------
                                        Date \1\              Type             Date \2\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
San Joaquin Valley, CA:
    Fresno County................                      Nonattainment....  February 19, 2016.  Serious.
    Kern County (part)...........                      Nonattainment....  February 19, 2016.  Serious.

[[Page 3001]]

 
        That portion of Kern
         County which lies west
         and north of a line
         described as follows:
         Beginning at the Kern-
         Los Angeles County
         boundary and running
         north and east along the
         northwest boundary of
         the Rancho La Libre Land
         Grant to the point of
         intersection with the
         range line common to R.
         16 W. and R. 17 W., San
         Bernardino Base and
         Meridian; north along
         the range line to the
         point of intersection
         with the Rancho El Tejon
         Land Grant boundary;
         then southeast,
         northeast, and northwest
         along the boundary of
         the Rancho El Tejon Land
         Grant to the northwest
         corner of S. 3, T. 11
         N., R. 17 W.; then west
         1.2 miles; then north to
         the Rancho El Tejon Land
         Grant boundary; then
         northwest along the
         Rancho El Tejon line to
         the southeast corner of
         S. 34, T. 32 S., R. 30
         E., Mount Diablo Base
         and Meridian; then north
         to the northwest corner
         of S. 35, T. 31 S., R.
         30 E.; then northeast
         along the boundary of
         the Rancho El Tejon Land
         Grant to the southwest
         corner of S. 18, T. 31
         S., R. 31 E.; then east
         to the southeast corner
         of S. 13, T. 31 S., R.
         31 E.; then north along
         the range line common to
         R. 31 E. and R. 32 E.,
         Mount Diablo Base and
         Meridian, to the
         northwest corner of S.
         6, T. 29 S., R. 32 E.;
         then east to the
         southwest corner of S.
         31, T. 28 S., R. 32 E.;
         then north along the
         range line common to R.
         31 E. and R. 32 E. to
         the northwest corner of
         S. 6, T. 28 S., R. 32
         E., then west to the
         southeast corner of S.
         36, T. 27 S., R. 31 E.,
         then north along the
         range line common to R.
         31 E. and R. 32 E. to
         the Kern-Tulare County
         boundary.
    Kings County.................                      Nonattainment....  February 19, 2016.  Serious.
    Madera County................                      Nonattainment....  February 19, 2016.  Serious.
    Merced County................                      Nonattainment....  February 19, 2016.  Serious.
    San Joaquin County...........                      Nonattainment....  February 19, 2016.  Serious.
    Stanislaus County............                      Nonattainment....  February 19, 2016.  Serious.
    Tulare County................                      Nonattainment....  February 19, 2016.  Serious.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-00739 Filed 1-19-16; 8:45 am]
 BILLING CODE 6560-50-P
```