Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 59261 

1See letter, James N. Goldstene, Executive 

Officer, to Jared Blumenfeld, Regional 

Administrator, EPA Region 9, dated December 7, 

2010, with attachments. 

2 In today’s final rule, EPA is noting a minor error 

that appeared in the July 24, 2013 (78 FR 44494) 

notice of proposed rulemaking (NPR) published in 

the Federal Register. The NPR included a table 

formatting error that resulted in Table 5 (see 78 FR 

44506) mistakenly displaying two columns for 2022 

PM10 emissions and no column for 2022 NOX

emissions. The second column in Table 5 actually 

contains data for 2022 NOX emissions, not data for 

2022 PM10 emission. Table 5, footnote ‘‘a’’ reference 

to the information in the Sacramento PM10

Maintenance Plan is correct. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2012–0877; 9901–29– 

Region 9] 

Approval and Promulgation of 

Implementation Plans; Designation of 

Areas for Air Quality Planning 

Purposes; State of California; PM10; 

Redesignation of Sacramento to 

Attainment; Approval of PM10

Redesignation Request and 

Maintenance Plan for Sacramento 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State of 

California’s request to redesignate the 

Sacramento nonattainment area to 

attainment for the 24-hour particulate 

matter of ten microns or less (PM10) 

National Ambient Air Quality Standard 

(NAAQS). EPA is also approving the 

PM10 maintenance plan and the 

associated motor vehicle emissions 

budgets for use in transportation 

conformity determinations necessary for 

the Sacramento area, and the attainment 

year emissions inventory submitted 

with the plan. 

DATES: This final rule is effective on 

October 28, 2013. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R09–OAR–2012–0877. Generally, 

documents in the docket for this action 

are available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, Air Planning Office (AIR–2), 

U.S. Environmental Protection Agency, 

Region IX, (415) 972–3963, 

ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

Table of Contents 

I. Summary of Today’s Final Action 

II. Background 

III. What comments did EPA receive on the 

proposed rule? 

IV. What actions is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Summary of Today’s Final Action 

Under Clean Air Act (CAA or ‘‘the 

Act’’) section 107(d)(3)(D), EPA is 

approving the State’s request to 

redesignate the Sacramento PM10

nonattainment area to attainment for the 

24-hour PM10 National Ambient Air 

Quality Standard (NAAQS or 

‘‘standard’’). We are doing so based on 

our conclusion that the area has met the 

five criteria for redesignation under 

CAA section 107(d)(3)(E): (1) That the 

area has attained the 24-hour PM10

NAAQS in the 2010–2012 time period 

and that the area continues to attain the 

PM10 standard since that time; (2) that 

relevant portions of the California state 

implementation plan (SIP) are fully 

approved; (3) that the improvement in 

air quality is due to permanent and 

enforceable reductions in emissions; (4) 

that California has met all requirements 

applicable to the Sacramento PM10

nonattainment area with respect to 

section 110 and part D of the CAA; and 

(5) that the PM10 Implementation/

Maintenance Plan and Redesignation 

Request for Sacramento County 

(October 28, 2010) (‘‘Sacramento PM10

Maintenance Plan’’ or ‘‘Plan’’) 1 meets 

the requirements of section 175A of the 

CAA. 

In addition, under CAA section 

110(k)(3), EPA is approving the 

Sacramento PM10 Maintenance Plan as a 

revision to the California SIP. EPA finds 

that the maintenance demonstration 

shows how the area will continue to 

attain the 24-hour PM10 NAAQS for at 

least 10 years beyond redesignation (i.e., 

through 2023), and that the contingency 

provisions describing the actions that 

the Sacramento Metropolitan Air 

Quality Management District 

(SMAQMD) will take in the event of a 

future monitored violation meet all 

applicable requirements for 

maintenance plans and related 

contingency provisions in CAA section 

175A. EPA is also approving the motor 

vehicle emissions budgets (MVEBs) in 

the Sacramento PM10 Maintenance Plan 

because we find that the MVEBs meet 

the applicable transportation conformity 

requirements under 40 CFR 93.118(e). 

Finally, EPA is approving the 2008 

emissions inventory included in the 

Sacramento PM10 Maintenance Plan as 

the attainment year emissions inventory 

because it meets the requirements of 

CAA section 172(c)(3). 

EPA is finalizing these actions 

because they meet the requirements of 

the CAA, its implementing regulations, 

and EPA guidance for such plans and 

budgets. 

II. Background 

On July 24, 2013 (78 FR 44494), EPA 

issued a notice of rulemaking proposing 

to approve California’s request to 

redesignate the Sacramento County area 

to attainment for the 24-hour PM10

standard, as well as proposing to 

approve California’s ten-year ozone 

maintenance plan for the area, the 

MVEBs, and the 2008 emissions 

inventory as the attainment year 

emissions inventory as revisions of the 

California SIP.2 The proposed 

rulemaking set forth the basis for 

determining that California’s 

redesignation request meets the CAA 

requirements for redesignation for the 

24-hour PM10 standard. The proposed 

rulemaking provided an extensive 

background on the 24-hour PM10

standard and its relationship to 

historical air quality in Sacramento 

County. The proposed rulemaking also 

described the complete, quality-assured, 

and certified air quality monitoring data 

for Sacramento County for 2010–2012 

showing that this area attained the 24- 

hour PM10 standard. Preliminary data 

available to date for 2013 are consistent 

with continued attainment of the 24- 

hour PM10 standard. 

III. What comments did EPA receive on 

the proposed rule? 

EPA’s proposed rule provided a 30- 

day public comment period. During this 

period, we did not receive any 

comments opposing the proposed rule. 

IV. What actions is EPA taking? 

Based on our review of the 

Sacramento PM10 Maintenance Plan 

submitted by the State, air quality 

monitoring data, and other relevant 

materials, EPA finds that the State has 

addressed all the necessary 

requirements for redesignation of the 

Sacramento nonattainment area to 

attainment of the PM10 NAAQS, 

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59262 Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 

pursuant to CAA sections 107(d)(3)(E) 

and 175A. 

First, under CAA section 107(d)(3)(D), 

we are approving CARB’s request, 

which accompanied the submittal of the 

Sacramento PM10 Maintenance Plan, to 

redesignate the Sacramento PM10

nonattainment area to attainment for the 

24-hour PM10 NAAQS. We are doing so 

based on our conclusion that the area 

has met the five criteria for 

redesignation under CAA section 

107(d)(3)(E). Our conclusion is based on 

our determination that the area has 

attained the 24-hour PM10 NAAQS; that 

relevant portions of the California SIP 

are fully approved; that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions; that California has met all 

requirements applicable to the 

Sacramento PM10 nonattainment area 

with respect to section 110 and part D 

of the CAA; and is based on our 

approval of the Sacramento PM10

Maintenance Plan as part of this action. 

Second, in connection with the 

Sacramento PM10 Maintenance Plan and 

EPA’s analysis showing maintenance 

through 2023, EPA finds that the 

maintenance demonstration showing 

how the area will continue to attain the 

24-hour PM10 NAAQS for 10 years 

beyond redesignation (i.e., through 

2023) and the contingency provisions 

describing the actions that SMAQMD 

will take in the event of a future 

monitored violation meet all applicable 

requirements for maintenance plans and 

related contingency provisions in 

section 175A of the CAA. EPA is also 

approving the MVEBs in the Sacramento 

PM10 Maintenance Plan because we find 

they meet the applicable transportation 

conformity requirements under 40 CFR 

93.118(e). Lastly, EPA is approving the 

2008 emissions inventory, which serves 

as the Sacramento PM10 Maintenance 

Plan’s attainment year emissions 

inventory, as satisfying the requirements 

of section 172(c)(3) of the CAA. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. Redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, these 

actions merely approve a State plan and 

redesignation request as meeting federal 

requirements and do not impose 

additional requirements beyond those 

by State law. For these reasons, these 

actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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. EPA will submit a 

report containing this action 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 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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 25, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: September 12, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52 Chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(431) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

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Federal Register / Vol. 78, No. 187 / Thursday, September 26, 2013 / Rules and Regulations 59263 

(c) * * * 

(431) A plan was submitted on 

December 7, 2010, by the Governor’s 

designee. 

(i) [Reserved] 

(ii) Additional materials 

(A) Sacramento Metropolitan Air 

Quality Management District 

(SMAQMD). 

(1) PM10 Implementation/ 

Maintenance Plan and Redesignation 

Request for Sacramento County, 

including motor vehicle emissions 

budgets (MVEBs) and attainment year 

emission inventory. 

(2) SMAQMD Resolution Number 

2010–046, dated October 28, 2010. 

‘‘Sacramento Metropolitan Air Quality 

Management District PM10

Implementation/Maintenance Plan and 

Redesignation Request for Sacramento 

County,’’ including attainment year 

emissions inventory and MVEBs for 

2012 and 2022. 

(B) State of California Air Resources 

Board (CARB). 

(1) CARB Resolution Number 10–37, 

dated November 18, 2010. ‘‘Adoption 

and Submittal of the PM10

Implementation/Maintenance Plan and 

Redesignation Request for Sacramento 

County,’’ including attainment year 

emissions inventory and MVEBs for 

2012 and 2022. 

* * * * * 

PART 81—[Amended] 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—[Amended] 

■ 4. Section 81.305 is amended in the 

table for ‘‘California—PM–10’’ by 

revising the entry under ‘‘Sacramento 

County’’ to read as follows: 

§ 81.305 California. 

* * * * * 

CALIFORNIA—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

*******

Sacramento County .................................................. 10/28/2013 Attainment. ............................................................... .........

* * * * * * * 

* * * * * 

[FR Doc. 2013–23245 Filed 9–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 55 

[OAR–2004–0091; FRL–9831–2] 

Outer Continental Shelf Air 

Regulations Consistency Update for 

California 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing the update 

of the Outer Continental Shelf (‘‘OCS’’) 

Air Regulations proposed in the Federal 

Register on March 22, 2011. 

Requirements applying to OCS sources 

located within 25 miles of States’ 

seaward boundaries must be updated 

periodically to remain consistent with 

the requirements of the corresponding 

onshore area (‘‘COA’’), as mandated by 

section 328(a)(1) of the Clean Air Act, as 

amended in 1990 (‘‘the Act’’). The 

portion of the OCS air regulations that 

is being updated pertains to the 

requirements for OCS sources for which 

the Santa Barbara County Air Pollution 

Control District (‘‘Santa Barbara County 

APCD’’ or ‘‘District’’) is the designated 

COA. The intended effect of approving 

the OCS requirements for the Santa 

Barbara County APCD is to regulate 

emissions from OCS sources in 

accordance with the requirements 

onshore. 

DATES: This rule is effective on October 

28, 2013. The incorporation by reference 

of certain publications listed in this rule 

is approved by the Director of the 

Federal Register as of October 28, 2013. 

ADDRESSES: EPA has established docket 

number OAR–2004–0091 for this action. 

The index to the docket is available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available in either 

location (e.g., CBI). To inspect the hard 

copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Christine Vineyard, Air Division (Air-4), 

U.S. EPA Region 9, 75 Hawthorne 

Street, San Francisco, CA 94105, (415) 

947–4125, vineyard.christine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA. 

Organization of this document: The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background 

II. Public Comment 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On March 22, 2011 (76 FR 15898), 

EPA proposed to incorporate various 

Santa Barbara County APCD air 

pollution control requirements into the 

OCS Air Regulations at 40 CFR part 55. 

We are incorporating these requirements 

in response to the submittal of these 

rules by the District. EPA has evaluated 

the proposed requirements to ensure 

that they are rationally related to the 

attainment or maintenance of Federal or 

state ambient air quality standards or 

Part C of title I of the Act, that they are 

not designed expressly to prevent 

exploration and development of the 

OCS and that they are applicable to OCS 

sources. 40 CFR 55.1. EPA has also 

evaluated the rules to ensure that they 

are not arbitrary or capricious. 40 CFR 

55.12(e). 

Section 328(a) of the Act requires that 

EPA establish requirements to control 

air pollution from OCS sources located 

within 25 miles of states’ seaward 

boundaries that are the same as onshore 

requirements. To comply with this 

statutory mandate, EPA must 

incorporate applicable onshore rules 

into part 55 as they exist onshore. This 

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