The EPA Administrator, Gina McCarthy, signed this final rule on 3/27/15, and EPA is submitting it for publication in the Federal Register (FR). 

While we have taken steps to ensure the accuracy of this Internet version of the rule, it is not the official version of the rule. Please refer to the 

official version in a forthcoming FR publication, which will appear on the Government Printing Office's FDsys website 

(http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov (http://www.regulations.gov) in Docket No. EPA-R09-OAR-2014-0813. 

Once the official version of this document is published in the FR, this version will be removed from the Internet and replaced with a link to the 

official version.

6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2014-0813; FRL-9925-30-Region 9]

Designation of Areas for Air Quality Planning Purposes; 

California; San Joaquin Valley; Reclassification as Serious 

Nonattainment for the 1997 PM2.5 Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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 1997 PM2.5 national 

ambient air quality standards (NAAQS) based on EPA’s 

determination that the area cannot practicably attain these

NAAQS by the applicable attainment date of April 5, 2015 and in 

response to a request from the SJV Air Pollution Control 

District that we reclassify the area. As a consequence of this

reclassification, California must submit a Serious area plan 

including a demonstration that the plan provides for attainment 

of the 1997 annual and 24-hour PM2.5 standards in the SJV area by 

the applicable attainment date, which is no later than December 

31, 2015, or by the most expeditious alternative date 
This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

practicable, in accordance with the requirements of part D of 

title I of the Clean Air Act.

DATES: This rule is effective on [insert date 30 days after

publication in the Federal Register]. 

ADDRESSES: The index to the docket (docket number EPA-R09-OAR2014-0813) for this action is available electronically on the 

www.regulations.gov website and in hard copy at EPA Region 9, 75 

Hawthorne Street, San Francisco, California, 94105. While all 

documents in the docket are listed in the index, some 

information may be publicly available for viewing only at the 

hard copy location (e.g., copyrighted material, voluminous 

records, large maps), and some may not be publicly available at 

either location (e.g., 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 below.

FOR FURTHER INFORMATION CONTACT: Anita Lee, Air Planning Office 

(AIR-2), U.S. Environmental Protection Agency, Region 9, (415) 

972-3958, lee.anita@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us” 

and “our” refer to EPA.

Table of Contents

I. Proposed Action

II. Public Comments and EPA Responses

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This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

III. Final Action

A. Reclassification as Serious Nonattainment and Applicable 

Attainment Dates

B. Reclassification of Areas of Indian Country

C. PM2.5 Serious Area SIP Requirements

IV. Statutory and Executive Order Reviews 

I. Proposed Action

On January 12, 2015 (80 FR 1482), EPA proposed to 

reclassify the SJV nonattainment area, including areas of Indian

country within it, from Moderate nonattainment to Serious 

nonattainment for the 1997 annual and 24-hour PM2.5 standards 

based on EPA’s determination that the area cannot practicably 

attain these NAAQS by the applicable attainment date of April 5, 

2015.1 Under section 188(b)(1) of the CAA, prior to an area’s 

attainment date, 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 

applicable Moderate area attainment date.2 On September 25, 2014, 

1 See proposed rule at 80 FR 1482 (January 12, 2015) for a more detailed 

discussion of the background for this action, including the history of the 

PM2.5 NAAQS established in 1997, health effects and sources of PM2.5, 

designation of the SJV as nonattainment for the PM2.5 standards, and EPA’s 

actions on the submittals from the state of California to address the 

nonattainment area planning requirements for the 1997 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) mandate that EPA 

3

 
This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

the District requested that EPA reclassify the SJV nonattainment 

area as Serious nonattainment for the 1997 PM2.5 standards. This 

request included a demonstration that the SJV area cannot 

practicably attain the 1997 annual PM2.5 standard by the April 5, 

2015 attainment date.3 EPA’s proposed reclassification of the SJV 

area was based upon our evaluation of ambient air quality data 

for the 2003-2014 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 1997 PM2.5 NAAQS by 

April 5, 2015.

In our proposed rule, EPA identified the additional SIP 

revisions 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.4 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 

reclassify by specified timeframes any areas that it determines appropriate 

for reclassification by those dates, these subparagraphs do not restrict the 

general authority but simply specify that, at a minimum, EPA’s authority must 

be exercised at certain times. See id. 3 See letter titled “Sadredin Memo” in the docket for this rulemaking at EPAR09-OAR-2014-0813-0002. 4 See 80 FR 1482 at 1488 (January 12, 2015).

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reclassification. Given the December 31, 2015, 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 deadlines in CAA section 189(b)(2).5

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), EPA proposed to require 

the State to submit these NNSR SIP revisions no later than 12 

months after the effective date of final reclassification. EPA 

requested comment on this proposed 12-month timeframe but also 

noted that if California intended to seek an extension of the 

Serious area attainment date, the State would need to submit a 

request that satisfies the requirements of CAA section 188(e), 

including the required NNSR SIP revisions, in time for EPA to 

approve such an extension prior to the December 31, 2015 Serious 

area attainment date. 

II. Public Comments and EPA Responses

EPA received one comment letter on our proposed action. The 

comment letter was submitted by the San Joaquin Valley Air 

Pollution Control District (“SJVAPCD” or “District”) on February 

5 Id. at 1489.

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11, 2015, prior to the close of the comment period on our 

proposal.6 We summarize the District’s comments and provide our 

responses below.

Comment: The SJVAPCD expresses support for EPA’s proposed 

12-month timeframe for California’s submission of the required

NNSR SIP revisions but objects to EPA’s statement indicating 

that, to obtain an extension of the attainment date under CAA 

section 188(e), the state must submit these NNSR revisions “in 

time for EPA to approve such an extension prior to the December 

31, 2015 Serious area attainment date.” The District asserts 

that EPA “provides no valid justification for this requirement” 

and that section 188(e) of the Act 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 contends 

that delays in EPA's regulatory actions related to 

implementation of the 1997 PM2.5 standards justify a different 

schedule for this submission.

In sum, the District asserts that EPA is asking the 

District to begin an expedited process to adopt a serious area 

6 See letter dated February 11, 2015, from Seyed Sadredin, Executive 

Director/Air Pollution Control Officer of the SJVAPCD, to Anita Lee, EPA 

Region 9, “Re: Docket No. EPA-R09-OAR-2014-0813: Comments on Designation of 

Areas for Air Quality Planning Purposes; California; San Joaquin Valley; 

Reclassification as Serious Nonattainment for the 1997 PM2.5 Standards. 

Proposed Rule (80 Fed. Reg. 7, pp. 1482-1491, January 12, 2015).”

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accuracy of this version, but it is not the official version.

NSR rule before the area is reclassified as a Serious area and 

without implementation rules or guidance. The SJVAPCD requests 

that EPA decide in the final rule to require the District to 

submit a revised NNSR rule within 12 months after EPA’s final 

reclassification action and also to decide that “such an NSR 

rule adoption deadline does not interfere with EPA’s ability to 

approve an attainment deadline extension under 188(e).”

Response: As a preliminary matter, EPA notes that nothing 

in the CAA requires the Agency to promulgate any implementation 

rules or guidance with respect to implementation of the 1997 

PM2.5 NAAQS. The statutory provisions of the 1990 CAA Amendments

addressing implementation of the PM10 NAAQS and EPA guidance for 

implementation of the PM10 NAAQS dating back to 1992 and 1994 are 

still applicable and relevant to this action.7 Thus, the absence 

of revised implementation rules or additional guidance is not 

itself a basis for setting a particular schedule for a state to 

make a statutorily required SIP submission. 

Upon further consideration of this question, however, EPA 

has determined that the specific factual circumstances in this

instance justify the 12 months sought by SJVAPCD for the 

7 See generally subpart 4 of part D, title I of the CAA (“Additional Provisions 

for Particulate Matter Nonattainment Areas”); the General Preamble, 57 FR 

13498 (April 16, 1992); and the Addendum, 59 FR 41998 (August 16, 1994); see 

also Natural Resources Defense Council (NRDC) v. EPA, 706 F.3d 428 (D.C. Cir. 

2013) (ruling that the CAA requires implementation of the PM2.5 standards under 

subpart 4 because PM2.5 particles fall within the statutory definition of PM10).

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submission of the NNSR revisions. Accordingly, we are finalizing 

our proposal to require that California adopt and submit NNSR 

SIP revisions to implement the subpart 4 requirements for 

Serious PM2.5 nonattainment areas in the SJV area no later than 

12 months after the effective date of this reclassification. In 

light of the unique circumstances in the SJV, as discussed 

below, we do not intend at this time to treat these NNSR SIP 

revisions as a precondition to a request for an extension of the 

Serious area attainment date under CAA section 188(e). 

Under section 188(e) of the Act, a state may apply to EPA 

for a single extension of the Serious area attainment date by up 

to 5 years, which EPA may grant if the State satisfies certain 

conditions. Before EPA may extend the attainment date for a 

Serious area under section 188(e), the state must: (1) Apply for 

an extension of the attainment date beyond the statutory 

attainment date; (2) demonstrate that attainment by the 

statutory attainment date is impracticable; (3) have complied 

with all requirements and commitments pertaining to the area in 

the implementation plan; (4) demonstrate to the satisfaction of 

the Administrator that the plan for the area includes the most 

stringent measures that are included in the implementation plan 

of any State or are achieved in practice in any State, and can 

feasibly be implemented in the area; and (5) submit a 

demonstration of attainment by the most expeditious alternative 

8
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accuracy of this version, but it is not the official version.

date practicable.8 Section 188(e) does not explicitly require the 

state to have a fully approved NNSR program that meets the Act's 

Serious area requirements before it may qualify for an extension 

of the Serious area attainment date.

As a result of today’s reclassification of the SJV as 

Serious nonattainment for the 1997 PM2.5 NAAQS, California is 

required to submit NNSR SIP revisions consistent with the 

requirements of subpart 4, including revisions to establish 

appropriate “major stationary source” thresholds for direct PM2.5

and PM2.5 precursors in accordance with CAA section 189(b)(3). 

Given the timing of this reclassification, just months before 

the latest permissible Serious area attainment date (December 

31, 2015), and the unusually short timeframe for the State’s 

development and submission of a plan to provide for attainment 

of the 1997 PM2.5 NAAQS by this date,9 we find it reasonable to 

8 For a discussion of EPA’s interpretation of the requirements of section 

188(e), see “State Implementation Plans for Serious PM10 Nonattainment Areas, 

and Attainment Date Waivers for PM10 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 (August 16, 1994) (hereafter “Addendum”) 

at 42002; 65 FR 19964 (April 13, 2000) (proposed action on PM10 Plan for 

Maricopa County, Arizona); 66 FR 50252 (October 2, 2001) (proposed action on 

PM10 Plan for Maricopa County, Arizona); 67 FR 48718 (July 25, 2002) (final 

action on PM10 Plan for Maricopa County, Arizona); and Vigil v. EPA, 366 F.3d 

1025, amended at 381 F.3d 826 (9th Cir. 2004) (remanding EPA action on PM10

Plan for Maricopa County, Arizona, but generally upholding EPA’s 

interpretation of CAA section 188(e)).

9 As explained in our proposed rule (see 80 FR 1482 at 1483-1484), on January 

4, 2013 the D.C. Circuit remanded EPA’s 2007 and 2008 rules to implement the 

PM2.5 NAAQS and directed EPA to repromulgate these rules pursuant to subpart 4 

of part D, title I of the Act. On June 2, 2014, EPA promulgated a rule 

classifying all PM2.5 nonattainment areas as Moderate under subpart 4 and 

establishing a deadline for states to submit SIPs necessary to satisfy the 

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provide the State a small amount of additional time to adopt and 

submit the Serious area NNSR SIP revisions required under 

subpart 4. Accordingly, under these particular circumstances, we 

do not expect the State to submit the required NNSR SIP 

revisions simultaneously with the Serious area attainment plan 

or with a request for an extension of the Serious area 

attainment date under CAA section 188(e). Instead, this final 

action requires the state to submit the NNSR SIP revisions 

required under subpart 4 no later than 12 months after the 

effective date of the reclassification.10 The State will need to 

submit the Serious area attainment plan and the section 188(e)

extension request before December 31, 2015 to satisfy the 

statutory requirements. 

EPA has recently issued a new proposed rulemaking to 

implement the PM2.5 NAAQS in accordance with the requirements of 

subparts 1 and 4 of part D, title I of the Act.11 As part of this 

proposed rulemaking, the Agency is seeking comment on how to

interpret the criteria in section 188(e) for granting state 

requests for an extension of a Serious area attainment date

Moderate area requirements (see 79 FR 31566, June 2, 2014). By this time, 

just over 18 months remained before the Serious area attainment date 

applicable to the SJV area under CAA section 188(c)(2), which is December 31, 

2015. See 80 FR 1482 at 1484, 1487 (January 12, 2015). 10 As explained in our proposed rule, a 12-month timeframe provides the State 

a reasonable amount of time to make these relatively straightforward NNSR SIP 

revisions while assuring that new or modified major stationary sources of PM2.5

in the SJV area will be subject to the applicable NNSR requirements as 

expeditiously as practicable. See 80 FR 1482 at 1489. 11 See http://www.epa.gov/airquality/particlepollution/actions.html.

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prospectively. Until the Agency finalizes that proposed rule, 

EPA encourages the State and District to review the statutory 

provisions of the CAA applicable to implementation of the PM10

NAAQS, and EPA's prior guidance in the General Preamble and 

Addendum, as they develop the SIP revisions necessary to satisfy 

the Serious area requirements that now apply in the SJV PM2.5

nonattainment area.12 Until EPA finalizes any new implementation 

rule for the 1997 PM2.5 NAAQS, the existing guidance in the 

General Preamble and Addendum provide the Agency’s 

recommendations for SIP submissions required for the PM2.5 NAAQS.

III. Final Action

A. Reclassification as Serious Nonattainment and Applicable 

Attainment Date

In accordance with section 188(b)(1) of the Act, EPA is 

taking final action to reclassify the SJV area from Moderate to 

Serious nonattainment for the 1997 annual and 24-hour PM2.5

standards of 15.0 and 65 μg/m3, respectively, based on EPA’s 

determination that the SJV area cannot practicably attain these 

standards by the applicable attainment date of April 5, 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 

12 See generally the General Preamble, 57 FR 13498 (April 16, 1992) and 

Addendum, 59 FR 41998 (August 16, 1994).

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the area’s designation as nonattainment....” The SJV area was 

designated nonattainment for the 1997 PM2.5 standards effective 

April 5, 2005.13 Therefore, as a result of our reclassification 

of the SJV area as a Serious nonattainment area, the latest 

permissible attainment date under section 188(c)(2) of the Act, 

for purposes of the 1997 PM2.5 standards in this area, is 

December 31, 2015.

B. Reclassification of Areas of Indian Country14

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 for the 1997 

13 See 70 FR 944 at 956, 957 (January 5, 2005). 14 “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.”

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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 Indian country located within the SJV 

nonattainment area.15 In this final action, EPA is therefore 

exercising our authority under CAA section 188(b)(1) to 

reclassify areas of Indian country geographically located in the 

SJV nonattainment area. Section 188(b)(1) broadly authorizes EPA 

to reclassify a nonattainment area – including any area of 

Indian country located within such area – that EPA determines 

cannot practicably attain the relevant standard by the 

applicable attainment date.

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, Federal 

15 See 80 FR 1482 at 1488 (January 12, 2015).

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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, 

EPA contacted tribal officials to invite government-togovernment consultation on this rulemaking effort.16 EPA did not 

receive comments on our proposed rule from any tribe. On 

February 17, 2015, after the close of the comment period on our 

proposal, EPA received a letter dated January 30, 2015, from the 

Tejon Tribe expressing interest in developing a better 

understanding of the reclassification and implications for air 

quality.17 EPA invited the Tejon Tribe to participate in a 

conference call during the week of February 23, 2015, to discuss 

the Tribe’s questions.18 We continue to invite Indian tribes in 

the SJV to contact 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 

16 As discussed in more detail in our proposed rule, EPA sent letters to 

tribal officials inviting government-to-government consultation. All eight 

letters can be found in the docket for this proposed action.

17 See letter dated January 30, 2015 from Kathryn Montes Morgan, Tribal 

Chairwoman, Tejon Indian Tribe to Kerry Drake, Associate Director, EPA Region 

9 Air Division. 18 See email dated February 19, 2015 from Maeve Clancy, EPA Region 9 Air 

Division, to Kathryn Montes Morgan, Tribal Chairwoman, Tejon Indian Tribe.

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of relevant tribal programs under the CAA, none of the affected 

tribes will be required to submit an implementation plan to 

address this reclassification.

C. PM2.5 Serious Area SIP Requirements

As a consequence of our reclassification of the SJV area as 

a Serious nonattainment area for the 1997 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 the best available control 

measures (BACM), including best available control 

technology (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, 2015, or where 

the State is seeking an extension of the attainment date 

under section 188(e), a demonstration that attainment by 

December 31, 2015 is impracticable and that the plan 

provides for attainment by the most expeditious 

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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 PM2.5 also apply to major 

stationary sources of PM2.5 precursors, except where the 

State demonstrates to 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 PM2.5 and 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

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8. A revision to the NNSR program to establish appropriate

“major stationary source”19 thresholds for direct PM2.5 and 

PM2.5 precursors (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.” Thus, 

the Act provides the State with up to 18 months after the 

effective date of this reclassification (i.e., until late 2016) 

to submit a BACM demonstration and up to 4 years after this date 

(i.e., until early 2019) to submit a Serious area attainment 

demonstration. Given the December 31, 2015 Serious area 

attainment date for the 1997 PM2.5 standards in this area under 

CAA section 188(c)(2), however, EPA expects the State to adopt 

and submit a Serious area plan for the 1997 PM2.5 standards well 

before the statutory SIP submittal deadlines in section 

189(b)(2). 

Additionally, in light of the available ambient air quality 

data and the short amount of time available before the December 

31, 2015 attainment date under CAA section 188(c)(2), EPA 

anticipates that California may choose to submit a request for 

19 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)).

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an extension of the Serious area attainment date pursuant to 

section 188(e) simultaneously with its submittal of a Serious

area plan for the area. If California fails to submit a request 

for an extension of the Serious area attainment date that 

satisfies the requirements of section 188(e) and the SJV area

fails to attain the 1997 PM2.5 standards by December 31, 2015,

under CAA section 189(d) the State would be required to submit,

within 12 months after December 31, 2015, plan revisions which 

provide for attainment of the PM2.5 standards and, from the date 

of such submission until attainment, for an annual reduction in

emissions within the SJV area of not less than 5 percent of the 

amount of such emissions as reported in the most recent 

inventory prepared for the area (hereafter “section 189(d) 

plan”). If, however, California submits and EPA approves a 

section 188(e) request for an extension of the Serious area 

attainment date prior to the December 31, 2015 attainment date 

for the SJV area, the requirement to submit a section 189(d) 

plan would not apply unless and until the SJV area fails to 

attain the 1997 PM2.5 standards by the extended attainment date 

approved by EPA under section 188(e).

Given the short amount of time available for California’s 

development of these SIP submittals, EPA anticipates that the 

Serious area attainment demonstration for the SJV area may rely 

to some extent on existing photochemical modeling analyses 

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accuracy of this version, but it is not the official version.

developed for previous PM2.5 plan submittals. EPA commits to work 

with the District and the State as they develop the necessary

technical support for the Serious area plan and to provide 

guidance on the requirements that California must meet to 

qualify for an extension of the Serious area attainment date 

under CAA section 188(e).

Finally, for the reasons provided in our proposed rule20 and 

in our responses to comments above, we are finalizing our 

proposal to require the State to submit the NNSR SIP revisions 

required for Serious areas under subpart 4 no later than 12 

months after the effective date of this reclassification.

VI. Statutory and Executive Order Reviews

Additional information about these statutes and Executive 

Orders can be found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

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 

20 See 80 FR 1482 at 1489.

19

 
This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

from its current air quality designation of Moderate 

nonattainment to Serious nonattainment for the 1997 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 1997 PM2.5 NAAQS, which triggers existing 

statutory timeframes for the state to submit SIP revisions. Such 

a reclassification in and of itself does not impose any federal 

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This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

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 1997 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 have requested 

eligibility to administer programs under the Clean Air Act. This

final action affects 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 

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This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

proposed in these areas that require Federal permits, approvals, 

or funding. Such projects are subject to the requirements of 

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, EPA 

contacted tribal officials early in the process of developing 

this regulation to permit them to have meaningful and timely 

input into its development. 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, EPA received a letter 

dated January 30, 2015 from the Tejon Tribe expressing an 

interest in developing a better understanding of, among other 

things, the effect of the reclassification on air quality. EPA 

invited the Tejon Tribe to participate in a conference call 

during the week of February 23, 2015, and EPA staff subsequently 

had preliminary conversations about this action with the Tribe 

but has not yet received confirmation of a request to schedule a 

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accuracy of this version, but it is not the official version.

conference call. No other Indian tribe has expressed an interest 

in discussing this action with EPA. We continue to invite Indian 

tribes in the SJV to contact 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

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 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 1997 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

23
This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

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

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 1997 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. section 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. 

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 

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accuracy of this version, but it is not the official version.

States prior to publication of the rule in the Federal 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. section 804(2). This rule will be 

effective on [insert date 30 days after publication in the

Federal Register].

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 [insert 

date 60 days after publication in the Federal Register]. 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.

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This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

40 CFR Part 81

Environmental Protection, Air pollution control, Incorporation 

by reference.

March 27, 2015. /s/

Dated: Gina McCarthy,

Administrator.

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This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the 

accuracy of this version, but it is not the official version.

Chapter I, title 40 of the Code of Federal Regulations is 

amended as follows:

PART 52 -- APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

1. The authority citation for Part 52 continues to read as 

follows:

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

2. Section 52.245 is amended by adding paragraph (c) as follows: 

§52.245 New Source Review rules.

* * * * *

(c) By [insert date 12 months from the effective date of this 

final rule], the New Source Review rules for PM2.5 for the San 

Joaquin Valley 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) of the Clean Air 

Act.

PART 81 -- DESIGNATION OF AREAS FOR AIR QUALITY PLANNING 

PURPOSES

3. The authority citation for part 81 continues to read as 

follows:

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

4. Section 81.305 is amended as follows:

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accuracy of this version, but it is not the official version.

a. In the table titled “California – 1997 Annual PM2.5 NAAQS 

[Primary and secondary],” revise the entries under “San 

Joaquin Valley, CA”; and 

b. In the table titled “California – 1997 24-Hour PM2.5 NAAQS 

[Primary and secondary],” revise the entries under “San 

Joaquin Valley, CA.

The revisions read as follows:

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This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the accuracy of this version, but it is not the official version.

§ 81.305 California.

CALIFORNIA – 1997 Annual PM2.5 NAAQS [Primary and secondary]

Designated Area Designationa Classification

Date1 Type Date2 Type

* * * * * * *

San Joaquin Valley, CA:

Fresno County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Kern County (part) Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

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. 

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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.

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This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the accuracy of this version, but it is not the official version.

Kings County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Madera County Nonattainment [insert date 30 days 

after publication in 

Federal Register]

Serious.

Merced County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

San Joaquin County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Stanislaus County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Tulare County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

* * * * *

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CALIFORNIA – 1997 24-Hour PM2.5 NAAQS [Primary and secondary]

Designated Area Designationa Classification

Date1 Type Date2 Type

* * * * * * *

San Joaquin Valley, CA:

Fresno County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Kern County (part) Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

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 

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This document is a prepublication version, signed by the EPA Administrator, Gina McCarthy, on 3/27/15. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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.

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Kings County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Madera County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Merced County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

San Joaquin County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Stanislaus County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

Tulare County Nonattainment [insert date 30 days 

after publication in

Federal Register]

Serious.

* * * * *

34