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[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Rules and Regulations]
[Pages 72981-72984]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28729]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2012-0781; FLR-9920-18-Region 9]

Redesignation Request and Maintenance Plan for 
PM[bdi2].[bdi5]; Yuba City-Marysville; California

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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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 Yuba City-Marysville 
nonattainment area to attainment for the 2006 24-hour fine particulate 
matter (PM2.5) National Ambient Air Quality Standard. The 
EPA is also taking final action to approve the PM2.5 
maintenance plan and the associated motor vehicle emissions budgets for 
use in transportation conformity determinations necessary for the Yuba 
City-Marysville area. Finally, the EPA is taking final action to 
approve the attainment year emissions inventory. The EPA is approving 
this revision because it meets the requirements of the Clean Air Act 
and EPA guidance for such plans, motor vehicle emissions budgets, and 
inventories.

DATES: This final rule is effective on January 8, 2015.

ADDRESSES: The EPA has established a docket for this action: Docket ID 
No. EPA-R09-2012-0781. 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, ``we,'' ``us,'' or 
``our'' refer to the EPA.

Table of Contents

I. Summary of Today's Final Action
    A. Background
II. What comments did the EPA receive on the proposed rule?
III. What action is the EPA taking?
IV. 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), the 
EPA is approving the State's request to redesignate the Yuba City-
Marysville PM2.5 nonattainment area \1\ to attainment for 
the 2006 24-hour PM2.5 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 
PM2.5 NAAQS in the 2010-2012 time period and that the area 
continues to attain the PM2.5 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 Yuba City-
Marysville PM2.5 nonattainment area with respect to section 
110 and part D of the CAA; and (5) that the Yuba City-Marysville PM2.5 
Redesignation Request and Maintenance Plan (``Yuba City-Marysville 
PM2.5 Plan'' or ``Plan'') \2\ meets the requirements of 
section 175A of the CAA.
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    \1\ The boundaries for this area are described in 40 CFR 81.305.
    \2\ See letter from Richard W. Corey, Executive Officer, 
California Air Resources Board, to Jared Blumenfeld, Regional 
Administrator, EPA Region 9, dated May 23, 2013, with attachments. 
On February 20, 2014, the California Air Resources Board (CARB) 
submitted to the EPA a technical supplement to the Yuba City-
Marysville PM2.5 Plan (``technical supplement''). The 
technical supplement included: A Staff Report titled ``Minor Updates 
to Yuba City-Marysville PM2.5 Maintenance Plan and 
Redesignation Request'' (``CARB 2014 Staff Report''); a letter from 
Christopher D. Brown, Air Pollution Control Officer, FRAQMD to 
Deborah Jordan, Director, Air Division, USEPA Region 9, and Richard 
Corey, Executive Officer, CARB, clarify the contingency plan; a 
notice of February 20, 2014 public meeting to consider approval of 
minor updates to the Yuba City-Marysville PM2.5 
Maintenance Plan and Redesignation Request; transcripts from 
February 20, 2014 CARB Board meeting; and Board Resolution 14-6.
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    In addition, under CAA section 110(k)(3), the EPA is approving the 
Yuba City-Marysville PM2.5 Plan as a revision to the 
California SIP. The EPA finds that the maintenance demonstration shows 
how the area will continue to attain the 2006 24-hour PM2.5 
NAAQS for at least 10 years beyond redesignation (i.e., through 2024), 
and that the contingency provisions describing the actions that the 
Feather River Air Quality Management District (FRAQMD) 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 approving the motor vehicle emissions budgets 
(MVEBs) in the Yuba City-Marysville PM2.5 Plan because we 
find that the MVEBs meet the applicable transportation conformity 
requirements under 40 CFR 93.118(e). Finally, the EPA is approving the 
2011 emissions inventory included in the Yuba City-Marysville 
PM2.5 Plan as the attainment year emissions inventory 
because it meets the requirements of CAA section 172(c)(3).
    The EPA is finalizing these actions because they meet the 
requirements of the CAA, its implementing regulations,

[[Page 72982]]

and EPA guidance for such plans and budgets.

A. Background

    On October 15, 2014, the EPA issued a notice of rulemaking 
proposing to approve California's request to redesignate the Yuba City-
Marysville area to attainment for the 2006 24-hour PM2.5 
standard, as well as proposing to approve California's ten-year ozone 
maintenance plan for the area, the MVEBs, and the 2011 emissions 
inventory as the attainment year emissions inventory as revisions of 
the California SIP. See 79 FR 61822. 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. The proposed rulemaking 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 Yuba City-
Marysville nonattainment area.
    In our October 15, 2014 proposal we also took into account a 
January 4, 2013 decision by the United States Court of Appeals, 
District of Columbia Circuit (D.C. Circuit) regarding Natural Resources 
Defense Council v. EPA. In its 2013 decision, the D.C. Circuit remanded 
to the EPA the ``Clean Air Fine Particle Implementation Rule'' (72 FR 
20586, April 25, 2007) and the ``Implementation of the New Source 
Review (NSR) Program for Particulate Matter Less than 2.5 Micrometers 
(PM2.5)'' final rule (73 FR 28321, May 16, 2008). 706 F.3d 
428 (D.C. Cir. 2013). The effect of the 2013 DC Circuit decision 
regarding PM2.5 implementation under subpart 4 of Part D of 
Title I of the CAA is discussed at length in our October 15, 2014 
proposed action. See 79 FR 61824, 61840. In summary, the EPA proposed 
that the redesignation request for the Yuba City-Marysville 
nonattainment area, though not expressed in terms of subpart 4 
requirements, substantively meets the requirements of that subpart for 
purposes of redesignating the area to attainment for the 2006 24-hour 
PM2.5 NAAQS.
    Our proposed rulemaking also described the complete, quality-
assured, and certified air quality monitoring data for the Yuba City-
Marysville nonattainment area for 2011-2013 showing that this area 
continued to attain the 2006 24-hour PM2.5 standard.\3\ 
Preliminary data available to date for 2014 are consistent with 
continued attainment of the 2006 24-hour PM2.5 standard.
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    \3\ The EPA previously determined that the Yuba City-Marysville 
PM2.5 nonattainment area attained the 2006 24-hour 
PM2.5 NAAQS based on the 2009-2011 monitoring period. See 
78 FR 2211 (January 10, 2013).
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II. What comments did the EPA receive on the proposed rule?

    The EPA's proposed rule provided a 30-day public comment period. 
During this period, we did not receive any comments opposing the 
proposed rule.

III. What action is the EPA taking?

    Based on our review of the Yuba City-Marysville PM2.5 
Plan submitted by the State, air quality monitoring data, other 
relevant materials, and for the reasons described in depth in the 
proposed rule, the EPA finds that the State has addressed all the 
necessary requirements for redesignation of the Yuba City-Marysville 
nonattainment area to attainment of the 2006 24-hr PM2.5 
NAAQS, pursuant to CAA sections 107(d)(3)(E) and 175A.
    First, under CAA section 107(d)(3)(D), we are approving the 
California Air Resources Board's (CARB) request, which accompanied the 
submittal of the Yuba City-Marysville PM2.5 Plan, to 
redesignate the Yuba City-Marysville 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). Our 
conclusion is based on our determination that the area has attained the 
2006 24-hour PM2.5 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 Yuba City-
Marysville PM2.5 nonattainment area with respect to section 
110 and part D of the CAA; and is based on our approval of the Yuba 
City-Marysville PM2.5 Plan as part of this action.
    Second, in connection with the Yuba City-Marysville 
PM2.5 Plan showing maintenance through 2024, the EPA finds 
that the maintenance demonstration, which documents how the area will 
continue to attain the 2006 24-hour PM2.5 NAAQS for 10 years 
beyond redesignation (i.e., through 2024) and the actions that FRAQMD 
will take if a future monitored violation triggers the contingency 
plan, meets all applicable requirements for maintenance plans and 
related contingency provisions in section 175A of the CAA. The EPA is 
also approving the motor vehicle emissions budgets in the Yuba City-
Marysville PM2.5 Plan because we find they meet the 
applicable transportation conformity requirements under 40 CFR 
93.118(e). Lastly, the EPA is approving the 2011 inventory, which 
serves as the Yuba City-Marysville PM2.5 Plan's attainment 
year inventory, as satisfying the requirements of section 172(c)(3) of 
the CAA.

IV. 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, the EPA's role is to 
approve State choices, provided that they meet the criteria of the CAA. 
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 final 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);

[[Page 72983]]

     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 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, this final 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 the EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law. There are no 
federally recognized tribes located within the Yuba City-Marysville 
PM2.5 nonattainment area.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 9, 2015. 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: November 20, 2014.
Jared Blumenfeld,
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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(446) to read as 
follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (446) A plan was submitted on May 23, 2013, by the Governor's 
designee.
    (i) [Reserved]
    (ii) Additional materials
    (A) Feather River Air Quality Management District (FRAQMD).
    (1) Yuba City-Marysville PM2.5 Redesignation Request and 
Maintenance Plan, including motor vehicle emissions budgets (MVEBs) and 
attainment year emission inventory, dated April 1, 2013.
    (2) FRAQMD Board of Directors Resolution 2013-01, dated April 1, 
2013. ``Resolution Adopting the PM2.5 Redesignation Request 
and Maintenance Plan,'' including attainment year emissions inventory 
and MVEBs for 2017 and 2024.
    (B) State of California Air Resources Board (CARB).
    (1) CARB Resolution Number 13-14, dated April 25, 2013. ``Yuba 
City-Marysville PM2.5 Maintenance Plan and Redesignation 
Request.''
    (2) CARB Resolution Number 14-6, dated February 20, 2014. ``Minor 
Updates to Yuba City-Marysville PM2.5 Maintenance Plan and 
Redesignation Request.''

PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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

Subpart C--[Amended]

0
4. Section 81.305 is amended in the table for ``California--2006 24-
Hour PM2.5 NAAQS'' by revising the entry under ``Yuba City-
Marysville, CA'' to read as follows:

Sec.  81.305  California.

* * * * *

                                                          California--2006 24-Hour PM2.5 NAAQS
                                                                 [Primary and secondary]
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                                                       Designation \a\                                              Classification
        Designated area         ------------------------------------------------------------------------------------------------------------------------
                                            Date \1\                        Type                        Date \2\                        Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Yuba City-Marysville, CA
    Sutter County..............  January 8, 2015..............  Attainment..................
    Yuba County (part).........  January 8, 2015..............  Attainment..................

[[Page 72984]]

 
        That portion of Yuba
         County which lies west
         of the line described
         as follows: (Mount
         Diablo Base and
         Meridian) Beginning at
         the intersection of
         the Yuba-Nevada county
         line and the range
         line common to ranges
         R7E and R8E, north to
         the southeast corner
         of township T18N R7E,
         then west along the
         township line common
         to T17N and T18N, then
         north along the range
         line common to ranges
         R6E and R7E, then west
         along the township
         line common to T19N
         and T18N to the Yuba-
         Butte County boundary.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

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[FR Doc. 2014-28729 Filed 12-8-14; 8:45 am]
BILLING CODE 6560-50-P
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