32064 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations 

1 62 FR 38652. 

2 71 FR 61144. 

3All 1997 and 2006 PM2.5 NAAQS areas were 

designated under subpart 1 of the Act. Subpart 1 

contains the general requirements for 

nonattainment areas for any pollutant governed by 

a NAAQS and is less prescriptive than the other 

subparts of title I, part D. See 74 FR 58688 

(November 13, 2009). 

4The boundaries for this area are described in 40 

CFR 81.305. 

5See CAA sections 172(a)(2), 172(c)(1), 172(c)(2), 

and 172(c)(9). 

6 In response to a decision issued by the D.C. 

Circuit (Natural Resources Defense Council v. EPA, 

706 F.3d 428 (D.C. Cir. 2013), the EPA subsequently 

identified all PM2.5 nonattainment areas for the 

1997 and 2006 NAAQS as ‘‘moderate’’ 

nonattainment areas under subpart 4 and 

established a new SIP submission date of December 

31, 2014, for moderate area attainment plans and for 

any additional attainment-related or nonattainment 

new source review plans necessary for areas to 

comply with the requirements applicable under 

subpart 4. We also noted that the moderate area 

§ 52.2532 Motor vehicle emissions 

budgets. 

(a) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Charleston, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(tpd) VOC 

Tons per day 

(tpd) NOX

Charleston Area (Kanawha and Putnam Counties) .................................................................... 2009 16.7 38.9

Charleston Area (Kanawha and Putnam Counties) .................................................................... 2018 13.7 17.1

* * * * * 

(e) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Wheeling, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 

Applicable geographic area Year Tons per day 

(tpd) VOC 

Tons per day 

(tpd) NOX

Wheeling Area (Marshall and Ohio Counties) ............................................................................. 2009 10.4 9.1 

Wheeling Area (Marshall and Ohio Counties) ............................................................................. 2018 9.1 3.1 

* * * * * 

[FR Doc. 2018–14743 Filed 7–10–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2018–0181; FRL–9980– 

49—Region 9] 

Approval and Promulgation of Air 

Quality State Implementation Plans; 

California; Chico Redesignation 

Request and Maintenance Plan for the 

2006 24-Hour PM2.5 Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve, as a revision of the California 

state implementation plan (SIP), the 

State’s request to redesignate the Chico 

nonattainment area to attainment for the 

2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS or ‘‘standard’’). The 

EPA is also taking final action to 

approve the PM2.5 maintenance plan 

and the determination that 

contributions from motor vehicle 

emissions in the Chico nonattainment 

area are insignificant. The EPA is 

approving this revision because it meets 

the requirements of the Clean Air Act 

(CAA or ‘‘the Act’’) and EPA guidance 

for such plans. 

DATES: This rule is effective on August 

10, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2018–0181. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, Air Planning Office 

(AIR–2), Environmental Protection 

Agency, Region IX, (415) 972–3964, 

vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Today’s Final Actions 

III. What are the effects of today’s actions? 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, the EPA established 

the first air quality standards for PM2.5.1

The EPA promulgated an annual 

standard at a level of 15.0 micrograms 

per cubic meter (mg/m3) based on a 3- 

year average of annual mean PM2.5

concentrations. In the same rulemaking, 

the EPA promulgated a 24-hour 

standard of 65 mg/m3 based on a 3-year 

average of the 98th percentile of 24-hour 

concentrations. On October 17, 2006, 

the EPA retained the annual average 

NAAQS at 15.0 mg/m3 but revised the 

24-hour PM2.5 NAAQS to 35 mg/m3, 

based on the 3-year average of the 98th 

percentile of 24-hour concentrations.2

Effective December 14, 2009, the EPA 

established initial air quality 

designations under subpart 1 of the Act 

for most areas in the United States for 

the 2006 24-hour PM2.5 NAAQS, 

including the Chico area.3 4 Under 

subpart 1, within three years of the 

effective date of designations, states 

with areas designated as nonattainment 

for the 2006 24-hour PM2.5 NAAQS are 

required to submit SIP revisions that, 

among other elements, provide for 

implementation of reasonably available 

control measures (RACM), reasonable 

further progress (RFP), attainment of the 

standard as expeditiously as practicable 

but no later than five years from the 

nonattainment designation (in this 

instance, no later than December 14, 

2014), as well as contingency 

measures.5 6 Prior to the due date for 


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Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations 32065 

attainment deadline under subpart 4 is no later than 

December 31, 2015. See 79 FR 31566 (June 2, 2014). 

7Letter from James N. Goldstene, Executive 

Officer, CARB, to Jared Blumenfeld, Regional 

Administrator, EPA Region IX, dated June 2, 2011. 

8 78 FR 55225 (September 10, 2013). 

9For more information on the regulatory basis for 

determining attainment of the NAAQS, see the 

proposed determination of attainment at 77 FR 

65651 (October 30, 2012). 

10 82 FR 21711 (May 10, 2017). 

11 83 FR 21238. 

12CARB’s real-time AQMIS (Air Quality and 

Meteorological Information System) database can be 

found at: https://www.arb.ca.gov/aqmis2/ 

aqmis2.php. AQMIS provides a combination of 

preliminary real-time data from both non-regulatory 

and regulatory monitors in addition to historical 

regulatory data. 

these submissions, the California Air 

Resources Board (CARB or ‘‘State’’) 

requested that the EPA make a 

determination that, based on quality 

assured and certified data from the 

2008–2010 period, the Chico PM2.5

nonattainment area had attained the 

2006 24-hour PM2.5 NAAQS.7 In 

addition to requesting a finding of 

attainment, the State requested that the 

EPA suspend the attainment-related 

planning requirements. 

Effective October 10, 2013, the EPA 

determined that the Chico 

nonattainment area had attained the 

2006 24-hour PM2.5 standard based on 

the 2010–2012 monitoring period.8

Based on that determination and 

pursuant to 40 CFR 51.1004(c), the 

requirements for this area to submit an 

attainment demonstration, together with 

RACM, an RFP plan, and contingency 

measures for failure to meet RFP and 

attainment deadlines were suspended 

for so long as the area continued to 

attain the 2006 24-hour PM2.5 NAAQS 

or until the area is redesignated to 

attainment.9 The EPA subsequently 

issued a determination that the Chico 

PM2.5 nonattainment area had attained 

the 2006 24-hour PM2.5 NAAQS by the 

applicable attainment date of December 

31, 2015, based on 2013–2015 data.10

On December 18, 2017, CARB submitted 

the ‘‘Chico, CA/Butte County PM2.5

Nonattainment Area Redesignation 

Request and Maintenance Plan’’ (‘‘Chico 

PM2.5 Plan’’ or ‘‘Plan’’) and requested 

that the EPA redesignate the Chico 

PM2.5 nonattainment area to attainment 

for the 2006 24-hour PM2.5 NAAQS. 

On May 9, 2018, the EPA issued a 

notice of proposed rulemaking to 

approve California’s request to 

redesignate the Chico PM2.5

nonattainment area to attainment for the 

2006 24-hour PM2.5 standard, as well as 

proposing to approve California’s 10- 

year maintenance plan for the area.11

We also proposed to determine that the 

emission contributions from motor 

vehicles are insignificant. The proposed 

rulemaking set forth the basis for 

determining that California’s 

redesignation request meets the CAA 

requirements for redesignation for the 

2006 24-hour PM2.5 standard and 

provided an extensive background on 

the 2006 24-hour PM2.5 standard, CAA 

requirements for redesignation for the 

2006 24-hour PM2.5 standard, and their 

relationship to air quality in the Chico 

nonattainment area. 

Our proposed rulemaking also 

described the complete, quality-assured, 

and certified air quality monitoring data 

for the Chico nonattainment area for 

2014–2016 showing that this area 

continued to attain the 2006 24-hour 

PM2.5 standard. Certified data for 2017 

and preliminary data for 2018 from nonregulatory monitors available on CARB’s 

real-time website are also consistent 

with continued attainment of the 

standard.12

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received one anonymous 

comment. After reviewing the comment, 

we determined that it was outside the 

scope of our proposed action and that it 

fails to identify any material issue 

necessitating a response. The comment 

has been added to the docket for this 

action and is accessible at https://

www.regulations.gov/docket?D=EPAR09-OAR-2018-0181. 

II. Today’s Final Actions 

Based on our review of the Chico 

PM2.5 Plan submitted by CARB, air 

quality monitoring data, and other 

relevant materials, and for the reasons 

described in our proposed rule, the EPA 

is approving under CAA section 

107(d)(3)(D) the State’s request to 

redesignate the Chico PM2.5

nonattainment area to attainment for the 

2006 24-hour PM2.5 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): (1) The area has attained 

the 24-hour PM2.5 NAAQS in the 2014– 

2016 time period and has continued to 

attain the PM2.5 standard since that 

time; (2) the relevant portions of the 

California SIP are fully approved; (3) the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions; (4) California has met all 

requirements applicable to the Chico 

PM2.5 nonattainment area with respect 

to section 110 and part D of the CAA; 

and (5) the Chico PM2.5 Plan meets the 

requirements of section 175A of the 

CAA. 

Under CAA section 110(k)(3), the EPA 

is also approving the Chico PM2.5 Plan 

as a revision to the California SIP. The 

EPA finds that the maintenance 

demonstration shows that the area will 

continue to attain the 2006 24-hour 

PM2.5 NAAQS for at least 10 years 

beyond redesignation (i.e., through 

2030) and that the contingency 

provisions, which describe the actions 

that the Butte County Air Quality 

Management District (BCAQMD) 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. The EPA is also taking 

final action to approve the emission 

determination that contributions from 

motor vehicle emissions in the Chico 

nonattainment area are insignificant. 

The EPA is finalizing these actions 

because the SIP revision meets the 

requirements of the CAA, its 

implementing regulations, and EPA 

guidance for such plans. 

III. What are the effects of today’s 

actions? 

The EPA’s approval of California’s 

redesignation request changes the legal 

designation of a portion of Butte County 

(the Chico nonattainment area) for the 

2006 24-hour PM2.5 NAAQS, found at 40 

CFR part 81, from nonattainment to 

attainment. Approval of BCAQMD’s 

associated SIP revision also incorporates 

a plan for maintaining the 2006 24-hour 

PM2.5 NAAQS in the Chico area through 

2030 into the California SIP. The 

maintenance plan identifies 

contingency measures to remedy any 

future violations of the 2006 24-hour 

PM2.5 NAAQS. 

As a result of the EPA’s motor vehicle 

insignificance finding, the Butte County 

Association of Governments is no longer 

required to perform regional emissions 

analyses for either directly emitted 

PM2.5 or nitrogen oxides as part of future 

PM2.5 conformity determinations for the 

2006 24-hour PM2.5 NAAQS for the 

Chico area. The EPA’s insignificance 

finding should, however, be noted in 

the transportation conformity 

documentation that is prepared for this 

area. Areas with insignificant regional 

motor vehicle emissions for a pollutant 

or precursor are still required to make 

a conformity determination that satisfies 

other relevant conformity requirements 

such as financial constraint, timely 

implementation of transportation 

control measures, and project level 

conformity. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 


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32066 Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations 

Act and applicable federal regulations. 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves State law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by State law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is 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.); 

• does 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is 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 Clean Air Act; 

and 

• does not provide the 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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). We 

offered to consult with the Enterprise 

Rancheria of Maidu Indians of 

California, the Berry Creek Rancheria of 

Maidu Indians of California, the 

Mooretown Rancheria of Maidu Indians 

of California, and the Mechoopda Indian 

Tribe of Chico Rancheria, which have 

lands within the Chico PM2.5

nonattainment area. The tribes did not 

respond to the EPA’s offer to consult. 

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 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 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 September 10, 

2018. 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, Ammonia, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: June 26, 2018. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, 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. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(506) to read as 

follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(506) The following plan was 

submitted on December 18, 2017, by the 

Governor’s designee. 

(i) [Reserved] 

(ii) Additional materials. (A) Butte 

County Air Quality Management 

District. 

(1) ‘‘Chico, CA/Butte County PM2.5

Nonattainment Area Redesignation 

Request and Maintenance Plan,’’ 

adopted October 26, 2017. 

(2) [Reserved] 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 4. Section 81.305 is amended by 

revising the entry for ‘‘Chico, CA’’ in the 

table entitled ‘‘California—2006 24- 

Hour PM2.5 NAAQS [Primary and 

secondary]’’ to read as follows: 

§ 81.305 California. 

* * * * * 


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Federal Register / Vol. 83, No. 133 / Wednesday, July 11, 2018 / Rules and Regulations 32067 

CALIFORNIA—2006 24-HOUR PM2.5 NAAQS 

[Primary and secondary] 

Designated area 

Designation a Classification 

Date 1 Type Date 2 Type 

Chico, CA: 

Butte County (part) .................................................................................. August 10, 

2018.

Attainment.

That portion of Butte County which lies west of the line described 

as follows: (Mount Diablo Base and Meridian) Beginning at the 

intersection of the Butte-Yuba county line and the township line 

common to T18N R6E and T19N R6E, west to the township 

line common to T18N R6E and T19N R6E, then north along the 

range line common to R5E and R6E, then west along the township line common to T21N and T20N, then north along the 

range line common to R4E and R5E, then west along the township line common to T24N and T23N to the Butte-Tehama 

County boundary.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is 30 days after November 13, 2009, unless otherwise noted. 

2This date is July 2, 2014, unless otherwise noted. 

* * * * * 

[FR Doc. 2018–14445 Filed 7–10–18; 8:45 am] 

BILLING CODE 6560–50–P 


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