42126 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Proposed Rules 

1CAA section 108(a). 

provisions in this section under control 

number 2900–XXXX.) 

■ 14. Add § 8.36 to read as follows: 

§ 8.36 Issuance of coverage under section 

1922B of title 38 U.S.C. following additional 

elections. 

An insured who elects less than the 

maximum amount of VALife coverage 

under 38 U.S.C. 1922B(a)(4)(A) shall 

remain eligible to purchase additional 

VALife coverage up to the VALife 

statutory maximum. Any insured who 

elects to apply for additional VALife 

coverage shall be subject to the two-year 

waiting period imposed by 38 U.S.C. 

1922B(c)(2) before such additional 

VALife coverage is in force. 

(Authority: 38 U.S.C. 501, 1901–1929, 1981– 

1988) 

(The Office of Management and Budget has 

approved the information collection 

provisions in this section under control 

number 2900–XXXX.) 

[FR Doc. 2022–14942 Filed 7–13–22; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0412; FRL–9818–01– 

R9] 

Determinations of Attainment by the 

Attainment Date, California Areas 

Classified as Serious for the 2008 

Ozone National Ambient Air Quality 

Standards and Marginal for the 2015 

Ozone National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the Nevada County (Western part) 

and Ventura County areas in California, 

both classified as Serious for the 2008 

ozone National Ambient Air Quality 

Standards (NAAQS), attained the 2008 

ozone NAAQS by the July 20, 2021 

attainment date. The EPA is also 

proposing to determine that six areas in 

California classified as Marginal for the 

2015 ozone NAAQS, attained the 2015 

ozone NAAQS by the August 3, 2021 

attainment date. These six areas are: 

Butte County, Calaveras County, San 

Luis Obispo (Eastern part), Sutter 

Buttes, Tuolumne County, and Tuscan 

Buttes. Our proposed determination of 

attainment is based on the exclusion of 

exceedances of the 2008 and 2015 ozone 

NAAQS that occurred on multiple days 

in 2018 and 2020, because the 

exceedances are due to exceptional 

events. We are further proposing to find 

that, if we finalize these proposed 

determinations of attainment by the 

attainment date for the Nevada County 

(Western part) and Ventura 

nonattainment areas, then the 

requirement for the state to have 

contingency measures for Reasonable 

Further Progress (RFP) and attainment 

for the 2008 ozone NAAQS for these 

areas will no longer apply, because the 

contingency measures would never be 

needed given the attainment of the 

NAAQS. This action, if finalized as 

proposed, will fulfill the EPA’s statutory 

obligation to determine whether these 

ozone nonattainment areas attained the 

NAAQS by the relevant attainment date. 

DATES: Comments must be received on 

or before August 15, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2022–0412, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from regulations.gov. 

The EPA may publish any comment 

received to our public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, Cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Laura Lawrence, Air Planning Office 

(AIR–2), EPA Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105; By 

phone: (415) 972–3407 or by email: 

lawrence.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ means the EPA. 

Table of Contents 

I. Background 

A. Statutory and Regulatory Background 

for the Proposed Actions 

B. Determination of Attainment or Failure 

to Attain 

1. 2008 Ozone NAAQS 

2. 2015 Ozone NAAQS 

C. Data Considered for This Proposed 

Determination 

D. Areas Addressed in Proposed Action 

1. Areas Classified Serious for the 2008 

Ozone NAAQS 

2. Areas Classified Marginal for the 2015 

Ozone NAAQS 

II. Proposed Determinations of Attainment by 

the Attainment Date 

A. Determinations of Attainment and the 

EPA’s Analysis of Relevant Air Quality 

Monitoring Data 

B. Exceptional Events Relevant to the 

EPA’s Analysis of Relevant Air Quality 

Monitoring Data 

C. Effect of This Proposal: Designation and 

Classification 

D. Effect of This Proposal: Contingency 

Measures 

III. Environmental Justice Considerations 

IV. Summary of Proposal 

V. Statutory and Executive Order Reviews 

I. Background 

A. Statutory and Regulatory Background 

for the Proposed Actions 

The Clean Air Act (CAA or ‘‘Act’’) 

requires the EPA to establish primary 

and secondary National Ambient Air 

Quality Standards (NAAQS or 

‘‘standards’’) for certain pervasive 

pollutants that ‘‘may reasonably be 

anticipated to endanger public health 

and welfare.’’ 1 The primary NAAQS is 

designed to protect public health with 

an adequate margin of safety, and the 

secondary NAAQS is designed to 

protect public welfare and the 

environment. The EPA has set standards 

for six common air pollutants, referred 

to as criteria pollutants, including ozone 

(O3). These standards represent the air 

quality levels an area must meet to 

comply with the CAA. 

Ozone is a gas created in the 

troposphere by chemical reactions 

between volatile organic compounds 

(VOC) and oxides of nitrogen (NOX) in 

the presence of sunlight. Ground-level 

ozone can harm human health and the 

environment. Ozone exposure has been 

associated with increased susceptibility 

to respiratory infections, increased 

medication use by asthmatics, and 

increased health care visits, emergency 

department visits, and hospital 

admissions for individuals with 


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2 73 FR 16436 (March 27, 2008). 

3 80 FR 65291 (October 26, 2015). 

4See CAA section 181(a)(1). 

5A design value is a statistic used to compare 

data collected at an ambient air quality monitoring 

site to the applicable NAAQS to determine 

compliance with the standard. The design value for 

the 2015 ozone and 2008 ozone NAAQS is the 3- 

year average of the annual fourth highest daily 

maximum 8-hour average ozone concentration. The 

design value is calculated for each air quality 

monitor in an area and the area’s design value is 

the highest design value among the individual 

monitoring sites in the area. 

6See, generally, subpart 2 of part D of title I of 

the CAA. 

7CAA section 181(b)(2). 

8The EPA maintains the AQS, a database that 

contains ambient air pollution data collected by the 

EPA, state, local, and tribal air pollution control 

agencies. The AQS also contains meteorological 

data, descriptive information about each monitoring 

station (including its geographic location and its 

operator) and data quality assurance/quality control 

information. The AQS data is used to (1) assess air 

quality, (2) assist in attainment/non-attainment 

designations, (3) evaluate SIPs for nonattainment 

areas, (4) perform modeling for permit review 

analysis, and (5) prepare reports for Congress as 

mandated by the CAA. Access is through the 

website at https://www.epa.gov/aqs. 

9 40 CFR part 50, appendix P, section 2.3(b). 

10Technical Support Document (TSD) Regarding 

Ozone Monitoring—Data Determinations of 

Attainment under the 2008 and 2015 8-Hour Ozone 

National Ambient Air Quality Standards (NAAQS) 

for Select Areas in California. 11See 40 CFR part 50, appendix U, section 4(b). 

respiratory disease. Ozone exposure 

may also contribute to metabolic 

diseases, such as diabetes, and 

premature death, especially in people 

with heart and lung disease. 

In March 2008, the EPA strengthened 

the ozone NAAQS, establishing primary 

and secondary 8-hour ozone standards 

at a level of 0.075 ppm (‘‘2008 ozone 

NAAQS’’ or ‘‘2008 ozone standards’’).2

The numerical level of the NAAQS had 

previously been set at 0.08 ppm. In 

October 2015, the EPA further 

strengthened the primary and secondary 

eight-hour ozone NAAQS from 0.075 

parts per million (ppm) to 0.070 ppm 

(‘‘2015 ozone NAAQS’’ or ‘‘2015 ozone 

standards’’).3 Both of these standards 

require that the 3-year average of the 

annual fourth highest daily maximum 8- 

hour average ozone concentration may 

not exceed the numerical level of the 

standard. Section 107(d) of the CAA 

requires the EPA to designate an area 

‘‘nonattainment’’ if it is violating the 

standards or if it has sources 

contributing to a violation of the 

standards in a nearby area. The EPA 

designates areas for each standard 

separately, and makes determinations of 

attainment individually for each area 

and each standard. For ozone standards, 

the EPA classifies nonattainment areas 

as ‘‘Marginal,’’ ‘‘Moderate,’’ ‘‘Serious,’’ 

‘‘Severe,’’ or ‘‘Extreme,’’ depending 

upon ambient air monitoring results 

calculated as an ozone design value of 

the area at the time of designation.4 5 An 

ozone nonattainment area with a higher 

classification is subject to a greater 

number of, and more stringent, CAA 

planning and control requirements than 

lower classification areas, but the state 

is provided more time to attain the 

NAAQS.6

B. Determination of Attainment or 

Failure To Attain 

The EPA is required to determine 

whether areas designated nonattainment 

attained the NAAQS by the applicable 

attainment date, and to take certain 

steps for areas that failed to attain.7 For 

a concentration-based standard, such as 

the 2008 and 2015 ozone NAAQS, the 

determination of attainment or failure to 

attain is based on a nonattainment area’s 

design value, as described below. 

1. 2008 Ozone NAAQS 

Under the EPA regulations at 40 Code 

of Federal Regulations (CFR) part 50, 

appendix P, the 2008 ozone NAAQS is 

attained at a monitor site when the 

design value, (i.e., the 3-year average of 

the annual fourth highest daily 

maximum 8-hour average ambient air 

quality ozone concentration) does not 

exceed 0.075 ppm. The data handling 

convention in Appendix P dictates that 

concentrations shall be reported in parts 

per million to the third decimal place, 

with additional digits to the right being 

truncated. Thus, a computed 3-year 

average ozone concentration of 0.076 

ppm is greater than 0.075 ppm and 

would exceed the standard, but a design 

value of 0.0759 is truncated to 0.075 and 

attains the 2008 ozone NAAQS. 

The EPA’s determination of 

attainment is based upon data that have 

been collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in the EPA’s Air Quality 

System (AQS) database.8 Ambient air 

quality monitoring data for the 3-year 

period preceding the year of the 

attainment date (i.e., 2018–2020 for the 

2008 ozone NAAQS Serious areas with 

an attainment date of July 20, 2021) 

must meet the data completeness 

requirements in Appendix P.9 The 

completeness requirements are met for 

the 3-year period at a monitoring site if 

daily maximum 8-hour average 

concentrations of ozone are available for 

at least 90 percent of the days within the 

ozone monitoring season, on average, 

for the 3-year period, and no single year 

has less than 75 percent data 

completeness. Additional information 

on data handling conventions for the 

2008 ozone NAAQS is found in the 

Technical Support Document (TSD) 

accompanying this rulemaking.10

2. 2015 Ozone NAAQS 

Under the EPA regulations at 40 CFR 

part 50, appendix U, the 2015 ozone 

NAAQS is attained at a site when the 

design value (i.e., the 3-year average of 

the annual fourth highest daily 

maximum 8-hour average ambient air 

quality ozone concentration) does not 

exceed 0.070 ppm. The data handling 

convention in Appendix P dictates that 

concentrations shall be reported in 

‘‘ppm’’ to the third decimal place, with 

additional digits to the right being 

truncated. Thus, a computed 3-year 

average ozone concentration of 0.071 

ppm is greater than 0.070 ppm and 

would exceed the standard, but a design 

value of 0.0709 is truncated to 0.070 and 

attains the 2015 ozone NAAQS. 

The EPA’s determination of 

attainment is based upon data that have 

been collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in the EPA’s AQS database. 

Ambient air quality monitoring data for 

the 3-year period preceding the 

attainment date (i.e., 2018–2020 for the 

2015 ozone NAAQS Marginal areas with 

an attainment date of August 3, 2021) 

must meet the data completeness 

requirements in Appendix U.11 The 

completeness requirements are met for 

the 3-year period at a monitoring site if 

daily maximum 8-hour average 

concentrations of ozone are available for 

at least 90 percent of the days within the 

ozone monitoring season, on average, 

for the 3-year period, and no single year 

has less than 75 percent data 

completeness. Additional information 

on data handling conventions for the 

2015 ozone NAAQS is found in the 

technical support document (TSD) 

accompanying this rulemaking. 

C. Data Considered for This Proposed 

Determination 

Because the design value is based on 

three complete calendar years of data, 

attainment must occur no later than 

December 31 of the year prior to the 

attainment date. Accordingly, for these 

areas in California with attainment dates 

of July 20, 2021 and August 3, 2021, the 

areas must show attainment by 

December 31, 2020. Our proposed 

determination is therefore based upon 

the 2018–2020 design value for each 

area, which is based upon complete, 

quality-assured and certified ozone 

monitoring data from calendar years 

2018, 2019, and 2020. The data the EPA 

is using to calculate the 2018–2020 

design values for these areas are 

provided in the accompanying TSD, 


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12This notice does not address all ozone 

nonattainment areas in California with attainment 

dates in 2021. On April 13, 2022, the EPA 

published proposed determinations of attainment or 

failure to attain for areas across the country 

classified Serious for the 2008 ozone standards and 

Marginal for the 2015 ozone standards (see 87 FR 

21842 (April 13, 2022) and 87 FR 21825 (April 13, 

2022)), including several areas in California. 

13 87 FR 21842 (April 13, 2022) and 87 FR 21825 

(April 13, 2022). 

14See Technical Support Document for 2008 

Ozone NAAQS Designations: California Area 

Designations for the 2008 Ozone National Ambient 

Air Quality Standards. 

15 77 FR 30088 (May 21, 2012). 

16 77 FR 30160 (May 21, 2012). 

17 81 FR 26698 (May 4, 2016). 

18 84 FR 44238 (August 23, 2019). 

19See CALIFORNIA: Intended Area Designations 

for the 2015 Ozone National Ambient Air Quality 

Standards Technical Support Document (TSD). 

20 83 FR 25776 (June 4, 2018). 

21See 40 CFR 51.1303(a). 

which can be found in the docket for 

this rulemaking. 

D. Areas Addressed in Proposed Action 

This notice includes proposed 

determinations of attainment by the 

attainment date for eight areas in 

California.12 For the 2008 ozone 

NAAQS, this proposal addresses the 

Ventura County area and the Nevada 

County (Western part) area (or ‘‘Western 

Nevada County area’’), both of which 

are classified Serious for the 2008 ozone 

NAAQS, with an attainment date of July 

20, 2021. For the 2015 ozone NAAQS, 

this proposal addresses the Butte 

County, Calaveras County, San Luis 

Obispo (Eastern part) (or ‘‘Eastern San 

Luis Obispo’’), Sutter Buttes, Tuloumne 

County, and Tuscan Buttes areas. These 

six areas are classified Marginal for the 

2015 ozone NAAQS, with an attainment 

date of August 3, 2021. In separate 

rulemakings, the EPA has recently 

proposed determinations of attainment 

by the attainment date and findings of 

failure to attain for the 2008 and 2015 

ozone NAAQS for other areas in 

California and nationwide.13 The EPA 

omitted some areas in California from 

the national notices because the 

California Air Resources Board (CARB) 

had submitted exceptional events 

demonstrations for events in 2018 and 

2020. The EPA required additional time 

to review these claimed exceptional 

events, as the EPA’s actions on these 

demonstrations would affect the areas’ 

design values. These demonstrations 

and the EPA’s evaluation of and action 

on these demonstrations is discussed in 

section II.B of this proposed rulemaking. 

1. Areas Classified Serious for the 2008 

Ozone NAAQS 

The Ventura County nonattainment 

area consists of the main portion of 

Ventura County (excluding the Channel 

Islands of Anacapa and San Nicolas 

Islands), within California’s South 

Central Coast Air Basin. The Western 

Nevada County area consists of the 

western portion of Nevada County, 

within the Mountain Counties Air Basin 

in northern California. For more 

information about these areas, see the 

TSD) for California for designations for 

the 2008 ozone NAAQS, which is 

included in the docket for this 

rulemaking.14 For the 2008 ozone 

NAAQS, the Ventura County area and 

Nevada County (Western part) area were 

designated nonattainment effective July 

20, 2012.15

At the time of designation, in a 

separate action, the EPA assigned 

classification thresholds and attainment 

dates based on the severity of each 

nonattainment area’s ozone problem, 

determined by the area’s design value.16

The Ventura County area was initially 

classified Serious, with an attainment 

date of July 20, 2021. The Western 

Nevada County area was initially 

classified Marginal, with an initial 

attainment date of July 20, 2015. 

Effective June 3, 2016, the EPA 

determined that the Western Nevada 

County area had failed to attain the 2008 

ozone NAAQS by the July 20, 2015 

Marginal attainment date. This finding 

resulted in the area being reclassified to 

Moderate nonattainment, with a new 

attainment date of July 20, 2018.17

Effective September 23, 2019, the EPA 

determined that the Western Nevada 

County area had failed to attain the 2008 

ozone NAAQS by the July 20, 2018 

Moderate attainment date.18 This 

finding resulted in the area being 

reclassified to Serious nonattainment, 

with an attainment date of July 20, 2021. 

2. Areas Classified Marginal for the 2015 

Ozone NAAQS 

The Butte County area consists of the 

entirety of Butte County, in California’s 

Sacramento Valley Air Basin, and areas 

of Indian country belonging to the Berry 

Creek Rancheria of Maidu Indians of 

California, the Enterprise Rancheria of 

Maidu Indians of California, the 

Mechoopda Indian Tribe of Chico 

Rancheria, and the Mooretown 

Rancheria of Maidu Indians of 

California. The Calaveras County area 

consists of the entirety of Calaveras 

County, in California’s Mountain 

Counties Air Basin, and areas of Indian 

country belonging to the California 

Valley Miwok Tribe. The Eastern San 

Luis Obispo area consists of the eastern 

portion of San Luis Obispo County, and 

lies within California’s South Central 

Coast Air Basin. The Sutter Buttes area 

is a mountaintop area that comprises the 

area of the Sutter Buttes above 2,000 feet 

(610 meters) in elevation in Sutter 

County. The Tuloumne County area 

consists of the entirety of Tuolumne 

County, in the Mountain Counties Air 

Basin, and areas of Indian country 

belonging to the Chicken Ranch 

Rancheria of Me-Wuk Indians of 

California and Tuolumne Band of MeWuk Indians of the Tuolumne 

Rancheria of California. The Tuscan 

Buttes area is a mountaintop area that 

comprises the area of the Tuscan Buttes 

above 1,800 feet (549 meters) in 

elevation, in Tehama County. For more 

information about these areas, see the 

Technical Support Document (TSD) for 

California for designations for the 2015 

ozone NAAQS, which is included in the 

docket for this rulemaking.19 Effective 

August 3, 2018, the EPA designated the 

Butte County, Calaveras County, Eastern 

San Luis Obispo, Sutter Buttes, 

Tuloumne County and Tuscan Buttes 

areas nonattainment for the 2015 ozone 

NAAQS.20 The areas were classified 

Marginal for this standard, and required 

to attain the 2015 ozone NAAQS as 

expeditiously as practicable, but no later 

than three years from the date of 

designation as nonattainment, i.e., 

August 3, 2021.21

II. Proposed Determinations of 

Attainment by the Attainment Date 

The EPA is proposing this action to 

fulfill its statutory obligation under 

CAA section 181(b)(2) to determine 

whether select ozone nonattainment 

areas with attainment dates in 2021 

attained the standard by their applicable 

attainment dates. Specifically, we are 

proposing to determine that the Ventura 

County and Western Nevada County 

nonattainment areas attained the 2008 

ozone NAAQS by the attainment date of 

July 20, 2021 and that the Butte County, 

Calaveras County, Eastern San Luis 

Obispo, Sutter Buttes, Tuolumne 

County and Tuscan Buttes areas 

attained the 2015 ozone NAAQS by the 

attainment date of August 3, 2021. As 

discussed in section I.D of this proposed 

rulemaking, the EPA has addressed 

proposed determinations for other areas 

in California and around the country in 

separate rulemakings. This proposed 

determination is based on complete, 

quality-assured, certified data for the 

three-year period before the attainment 

date for each area (see design value data 

presented in Tables 1 and 2 below). 

We are also proposing to determine 

that, if we finalize these proposed 

determinations of attainment by the 

attainment date for the Nevada County 

(Western part) and Ventura 


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22 72 FR 13560 (March 22, 2007). 

23 81 FR 68216 (October 3, 2016). 

24 40 CFR 50.1, 50.14. 

25See: (1) letter from Michael Benjamin, D. Env., 

Chief, Air Quality Planning and Science Division, 

CARB to Elizabeth Adams, Director, Air and 

Radiation Division, EPA Region 9, dated September 

3, 2021, transmitting Exceptional Events 

Demonstration for Ozone Exceedances: Northern 

California July–August 2018 Wildfire Events; (2) 

letter from Michael Benjamin, D. Env., Chief, Air 

Quality Planning and Science Division, CARB to 

Elizabeth Adams, Director, Air and Radiation 

Division, EPA Region 9, dated September 17, 2021, 

transmitting Exceptional Events Demonstration for 

Continued 

nonattainment areas, then the 

requirement for the state to have 

contingency measures for failure to meet 

Reasonable Further Progress (RFP) and 

failure to attain for the 2008 ozone 

NAAQS will no longer apply, because 

contingency measures would never be 

needed given the attainment of the 

NAAQS. (see section II.D). 

A. Determinations of Attainment and 

the EPA’s Analysis of Relevant Air 

Quality Monitoring Data 

The EPA evaluated air quality data to 

determine if these nonattainment areas 

attained or failed to attain the 2008 and 

2015 ozone NAAQS by their applicable 

attainment dates. The design values for 

the 2018–2020 period for the two areas 

classified Serious for the 2008 ozone 

NAAQS are shown in Table 1, and the 

design values for the six areas classified 

Marginal for the 2015 ozone NAAQS are 

shown in Table 2. 

TABLE 1—2008 OZONE NAAQS SERIOUS NONATTAINMENT AREA EVALUATION SUMMARY a

2008 NAAQS nonattainment area 

2018–2020 

Design value 

(ppm) 

Nevada County (Western part) ............................................................................................................................................................ 0.075 

Ventura County .................................................................................................................................................................................... 0.075 

aThe data shown exclude exceedances due to exceptional events.≤ 

TABLE 2—2015 OZONE NAAQS SERIOUS NONATTAINMENT AREA EVALUATION SUMMARY a

2015 NAAQS nonattainment area 

2018–2020 

Design value 

(ppm) 

Butte County ........................................................................................................................................................................................ b 0.070 

Calaveras County ................................................................................................................................................................................ 0.069 

San Luis Obispo (Eastern part) ........................................................................................................................................................... 0.070 

Sutter Buttes ........................................................................................................................................................................................ 0.070 

Tuolumne County ................................................................................................................................................................................ 0.070 

Tuscan Buttes ...................................................................................................................................................................................... 0.070 

a The data shown exclude exceedances due to exceptional events. b The average percent completeness for one of the monitors in Butte County, located in Paradise, CA, is 88 percent due to a power loss 

caused by a regional California wildfires. Per 40 CFR part 50, Appendix U, 4(c) CARB submitted a request to the Regional Administrator for Region 9 to count missing data for 79 days between November 8, 2018, and January 25, 2019, towards the minimum data completeness requirements. This request was approved and results in data completeness over 90 percent on average over the three-year period of 2018–2020 for the 

site; therefore, this design value is considered valid. For more information regarding the Paradise monitor data certification and the state’s request, see the TSD for this notice and data certification letters included in this docket. 

As explained in section I.B, the 2008 

ozone NAAQS is met at an ambient 

monitoring site when the design value 

for the area does not exceed 0.075 parts 

per million (ppm). The 2015 ozone 

NAAQS is met at an ambient monitoring 

site when the design value for the area 

does not exceed 0.070 parts per million 

(ppm). The design values shown in 

Table 1 show that the Ventura County 

and Western Nevada County areas have 

met the 2008 ozone NAAQS. The design 

values shown in Table 2 show that the 

Butte County, Calaveras County, Eastern 

San Luis Obispo County, Sutter Buttes, 

Tuolumne County and Tuscan Buttes 

areas have met the 2015 ozone NAAQS. 

The data the EPA used to calculate the 

2018–2020 design values for these areas 

are provided in the TSD for this action, 

which can be found in the docket for 

this rulemaking. Also found in the 

docket for this rulemaking are design 

value reports from the EPA’s AQS 

database, and data certification 

materials from CARB for the relevant 

years. 

B. Exceptional Events Relevant to the 

EPA’s Analysis of Relevant Air Quality 

Monitoring Data 

On March 22, 2007, the EPA adopted 

a final rule, ‘‘Treatment of Data 

Influenced by Exceptional Events,’’ also 

known as the Exceptional Events Rule 

(EER), to govern the review and 

handling of certain air quality 

monitoring data for which the normal 

planning and regulatory processes are 

not appropriate.22 On October 3, 2016, 

the EPA adopted revisions to this rule.23

Under the EER, the EPA may exclude 

data from use in determinations of 

NAAQS exceedances and violations if a 

state demonstrates that an ‘‘exceptional 

event’’ (EE) caused the exceedance or 

exceedances.24 Before the EPA can 

exclude data from these regulatory 

determinations, the state must flag the 

data in the EPA’s AQS database, notify 

the EPA of the state’s intent to submit 

an EE demonstration, and, after public 

notice and opportunity for comment, 

submit a demonstration to the EPA to 

justify the exclusion. The EPA considers 

the demonstration and concurs or 

nonconcurs with the state’s flag. If the 

EPA concurs that the exceedance was 

due to an exceptional event covered 

under the EER, the data is excluded 

from regulatory consideration, including 

from a determination of whether the 

area attained a NAAQS by its attainment 

date. 

In submittals dated September 3, 

2021, September 17, 2021, November 

18, 2021, and December 8, 2021, CARB 

provided documentation for ozone 

exceedances that occurred at the 

monitors listed in Tables 3 and 4 below 

on multiple days in 2018 and 2020, and 

which the state had flagged as due to 

wildfire ozone exceptional events.25


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Ozone Exceedances: Eastern Portion of San Luis 

Obispo County, California August 2018 Wildfire 

Events; (3) letter from Michael Benjamin, D. Env., 

Chief, Air Quality Planning and Science Division, 

CARB to Matthew Lakin, Acting Director, Air and 

Radiation Division, EPA Region 9 dated November 

18, 2021, transmitting Exceptional Events 

Demonstration for Ozone Exceedances: Northern 

California 2020 Wildfire Events; and (4) letter from 

Michael Benjamin, D. Env., Chief, Air Quality 

Planning and Science Division, CARB to Matthew 

Lakin, Acting Director, Air and Radiation Division, 

EPA Region 9 dated December 8, 2021, transmitting 

Exceptional Events Demonstration for Ozone 

Exceedances: Southern California 2020 Wildfire 

Events. 

26Letter from Elizabeth J. Adams, Director, Air 

and Radiation Division, U.S. EPA Region IX, to 

Sylvia Vanderspek, Chief, Air Quality Planning 

Branch, California Air Resources Board, dated May 

4, 2022. 

27The 16 TSDs associated with this concurrence 

letter are organized under the heading, ‘‘Technical 

Support Documents for EPA Concurrence on July 

26-August 10, 2018 and August 18-October 4, 2020 

O3 Exceedances in Northern and Southern 

California as Exceptional Events.’’ 

28Memorandum dated September 4, 1992 from 

John Calcagni, Director, EPA Air Quality 

Management Division, to Regional Air Directors, 

titled ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment.’’ 

These events occurred during the July 

26–August 10, 2018 and August 18– 

October 4, 2020 time periods. A full list 

of days identified as exceptional events 

at each monitor is included in Tables 1 

and 2 in the TSD for this rulemaking. 

TABLE 3—EXCEEDANCES DUE TO EXCEPTIONAL EVENTS—2008 OZONE NAAQS 

2008 NAAQS nonattainment area Monitor 

Number of 

exceedances 

excluded in 2018 

Number of 

exceedances 

excluded in 2020 

Nevada County (Western part) ............................... Grass Valley (06–057–0005) ................................. 11 5 

Ventura County ....................................................... Simi Valley (06–111–2002) .................................... 0 5 

TABLE 4—EXCEEDANCES DUE TO EXCEPTIONAL EVENTS—2015 OZONE NAAQS 

2015 NAAQS nonattainment area Monitor 

Number of 

exceedances 

excluded in 2018 

Number of 

exceedances 

excluded in 2020 

Butte County ........................................................... Paradise (06–007–0007) ........................................ 11 0 

Calaveras County ................................................... San Andreas—Gold Strike (06–009–0001) ........... 8 0 

San Luis Obispo (Eastern part) .............................. Red Hills (06–079–8005) ....................................... 5 5 

Sutter Buttes ........................................................... Sutter Buttes (06–101–0004) ................................. 9 2 

Tuolumne County ................................................... Sonora (06–109–0005) .......................................... 11 3 

Tuscan Buttes ......................................................... Tuscan Butte (06–103–0004) ................................ 9 0 

The EPA reviewed the documentation 

submitted by the State and concurred 

with CARB’s determinations that the 

exceedances identified by CARB in 2018 

and 2020 and listed in Tables 1 and 2 

in the TSD accompanying this 

rulemaking were caused by wildfire 

ozone exceptional events, and that these 

exceedances meet the criteria for 

exclusion from regulatory consideration 

under the EER. Accordingly, the EPA 

concurred with the exclusion flags for 

the days flagged in 2018 and 2020 for 

these areas and is excluding the 

monitored exceedances associated with 

these exceptional events from use in 

determinations of exceedances and 

violations, including the evaluation of 

whether the nonattainment areas 

considered in this notice have attained 

the relevant ozone NAAQS by the 

attainment date in accordance with 

CAA section 181(b)(2)(A). 

A concurrence letter notifying CARB 

of our decision was sent on May 4, 

2022.26 Included with the letter were 

TSDs setting forth in detail the bases for 

the EPA’s concurrences.27 The state’s 

demonstrations and the EPA’s 

concurrence letter and accompanying 

TSDs are included in the docket for this 

rulemaking. Also included in the docket 

for this rulemaking are the state’s Initial 

Notification of Intent (INI) documents, 

notifying the EPA of the state’s intent to 

submit EE demonstrations, and the 

EPA’s responses to the INIs. 

For the reasons set forth in the 

concurrence letter and its enclosures, 

the EPA is excluding from regulatory 

consideration data showing exceedances 

due to exceptional events at the 

monitoring sites, as summarized below 

in Tables 3 and 4, in this determination 

of attainment. For additional 

information, including a list of each day 

excluded at each monitoring site, please 

see the TSD for this rulemaking action 

and the TSDs accompanying the EPA’s 

May 4, 2022 concurrence letter. 

C. Effect of This Proposal: Designation 

and Classification 

If the EPA finalizes these proposed 

determinations, the areas will remain 

designated nonattainment, and will 

retain their current classifications. A 

determination of attainment by the 

attainment date does not have the effect 

of redesignating an area to attainment. 

Redesignation of an area to attainment 

requires that an area has met all 

applicable requirements of CAA section 

110 and Part D, and that the area has 

submitted, and the EPA has approved, 

a redesignation request and 

maintenance plan.28

D. Effect of This Proposal: Contingency 

Measures 

Based on our proposed finding of 

attainment by the applicable attainment 

date, we are also proposing to find that 

the CAA requirement for a state 

implementation plan (‘‘SIP’’) to include 

contingency measures to be 

implemented in the event the area fails 

to attain (‘‘attainment contingency 

measures’’) or fails to meet reasonable 

further progress milestones (‘‘RFP 

contingency measures’’) will no longer 

apply to the Ventura County and 

Western Nevada County nonattainment 

areas for purposes of the 2008 ozone 

NAAQS. 

Under CAA section 172(c)(9), 

attainment contingency measures must 

be implemented only if the area fails to 

attain by the attainment date. Therefore, 

if we finalize the determination that the 

Ventura County and Western Nevada 

County nonattainment areas have 

attained the 2008 ozone standard by the 

applicable attainment date, then 

attainment contingency measures for 

this NAAQS would never be required to 

be implemented, regardless of whether 

the areas continue to attain the 


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Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Proposed Rules 42131 

29See Bahr v. Regan, 6 F.4th 1059 (July 28, 

2021). 

30See id. at 1085; see also 42 U.S.C. 7407(d)(3). 

31CAA section 182(g)(2). 

32See Matusow v. Wheeler, No. 20–72279 (9th 

Cir. Apr. 21, 2022). 

33Letter from Martha Guzman, Regional 

Administrator, EPA Region IX, to Richard W. Corey, 

Executive Officer, California Air Resources Board, 

February 28, 2022. 34See Bahr at 1085; see also 42 U.S.C. 7407(d)(3). 

NAAQS.29 This proposed finding will 

not prevent the EPA, in the event that 

an area subsequently violates the 

NAAQS, from exercising its authority 

under the CAA to address violations of 

the NAAQS.30

Additionally, the purpose of the RFP 

requirements under the CAA is to 

ensure progress toward attainment of 

the applicable NAAQS by the applicable 

attainment date. Consistent with this 

purpose, under CAA section 182(g), 

ozone nonattainment areas classified 

‘‘Serious’’ or higher are required to meet 

RFP emission reduction ‘‘milestones’’ 

and to demonstrate compliance with 

those milestones, except when the 

milestone coincides with the attainment 

date and the standard has been 

attained.31 This specific statutory 

exemption from milestone compliance 

demonstration (MCD) submittals for 

areas that attained by the attainment 

date indicates that Congress intended 

that a finding that an area attained the 

standard—the finding made in a 

determination of attainment by the 

attainment date—would serve as a 

demonstration that RFP requirements 

for the area have also been met. In other 

words, if a Serious or above area has 

attained the NAAQS by the attainment 

date, then the RFP milestones have been 

sufficiently achieved. Accordingly, such 

a finding of attainment by the 

attainment date would also indicate that 

RFP contingency measures could not be 

triggered and are therefore no longer 

necessary.32

On February 28, 2022, the EPA found 

that California’s MCD submittal for 

Ventura County and Western Nevada 

County adequately demonstrated that 

the applicable 2020 milestone for the 

2008 ozone NAAQS had been met for 

these areas.33 Notably, 2020 is the last 

applicable milestone prior to the 

attainment date for areas classified 

Serious for the 2008 ozone NAAQS. 

Therefore, if we finalize the 

determination that the Ventura County 

and Western Nevada County 

nonattainment areas have attained the 

2008 ozone standard, RFP contingency 

measures for this NAAQS would never 

be required to be implemented, 

regardless of whether the area continues 

to attain the NAAQS. This proposed 

finding will not prevent the EPA, in the 

event that an area subsequently violates 

the NAAQS, from exercising its 

authority under the CAA to address 

violations of the NAAQS.34

The state submitted contingency 

measures as part of the Final 2016 

Ventura County Air Quality 

Management Plan and the Ventura 

County portion of the 2018 Updates to 

the California State Implementation 

Plan, and as part of the 2018 Western 

Nevada County Ozone Plan, 

respectively.The EPA will address these 

measures, as appropriate, in separate 

actions, taking into consideration this 

proposed finding of attainment by the 

applicable attainment date and resulting 

determination that the attainment and 

RFP contingency measure requirements 

are no longer required for these areas for 

purposes of the 2008 ozone NAAQS. 

III. Environmental Justice 

Considerations 

The EPA believes that this proposed 

action will not have disproportionately 

high or adverse human health or 

environmental effects on minority, low 

income, or indigenous populations. The 

purpose of this rule is to determine 

whether two nonattainment areas in 

California attained the 2008 ozone 

standard by their Serious area 

attainment date, and to determine 

whether six nonattainment areas in 

California attained the 2015 ozone 

standard by their Marginal area 

attainment date. These determinations 

are required under CAA section 

181(b)(2) for purposes of implementing 

the 2008 and 2015 ozone standards and 

there are no particular facts or 

circumstances that would compel the 

EPA Administrator to consider 

information beyond the statutory 

criteria. 

IV. Summary of Proposal 

For the reasons articulated above, we 

are proposing to determine that: 

• The Ventura County and Western 

Nevada County nonattainment areas 

attained the 2008 ozone NAAQS by the 

July 20, 2021 attainment date; 

• The Butte County, Calaveras 

County, Eastern San Luis Obispo 

County, Sutter Buttes, Tuolumne 

County, and Tuscan Buttes 

nonattainment areas attained the 2015 

ozone NAAQS by the August 3, 2021 

attainment date; and 

• The CAA requirement for the SIP to 

provide for contingency measures for 

attainment and RFP will no longer 

apply to the Ventura County and 

Western Nevada County nonattainment 

areas for the 2008 ozone NAAQS. 

We note that we are not proposing a 

redesignation to attainment for any 

areas. The EPA would consider a 

redesignation to attainment for these 

areas following a submittal by the State 

of a formal redesignation request and 

maintenance plan. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://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 proposed action is not a 

significant regulatory action and was 

therefore not submitted to the Office of 

Management and Budget (OMB) for 

review. 

B. Paperwork Reduction Act 

This rule does not impose any new 

information collection burden under the 

PRA not already approved by the OMB. 

C. Regulatory Flexibility Act 

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. 

D. Unfunded Mandates Reform Act 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action imposes no 

enforceable duty on any state, local or 

tribal governments, or the private sector. 

E. Executive Order 13132, Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, tribes, or the 

relationship between the national 

government and the states and tribes, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175, Coordination 

With Indian Tribal Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires the 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 


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42132 Federal Register / Vol. 87, No. 134 / Thursday, July 14, 2022 / Proposed Rules 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian Tribes.’’ 

The EPA has identified tribal areas 

within three of the nonattainment areas 

covered by this proposed rule, that 

would be potentially affected by this 

rule. Specifically, as discussed in 

section I.D, the Butte County, Calaveras 

County, and Tuolumne County 

nonattainment areas addressed in this 

proposal have tribes located within their 

boundaries. A full list of impacted tribes 

is included in section I.D and in the 

TSD for this action. 

The EPA has concluded that the 

proposed rule may have tribal 

implications for these tribes for the 

purposes of Executive Order 13175, but 

would not impose substantial direct 

costs upon the tribes, nor would it 

preempt tribal law. If we finalize the 

determinations of attainment by the 

attainment date proposed in this notice, 

these determinations would also apply 

on tribal lands within the 

nonattainment areas. The nonattainment 

areas, including the tribal lands within 

the nonattainment areas, would remain 

designated nonattainment and would 

retain their existing classifications. 

The EPA intends to notify the 

potentially affected tribes located within 

the boundaries of the nonattainment 

areas addressed in this proposal. 

Because our proposed action, if 

finalized, would not change the tribe’s 

existing nonattainment designation or 

classification, we do not intend to offer 

government-to-government consultation 

on this proposal, however, we will 

initiate government-to-government 

consultation at the request of any of the 

tribes. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not concern an 

environmental health risk or safety risk. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed action is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001) because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order (E.O.) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. Upon 

review, the EPA did not identify any 

particular facts or circumstances that 

would indicate this action will have 

potential disproportionately high and 

adverse human health or environmental 

effects on minority, low-income, or 

indigenous populations. Upon review, 

the EPA did not identify any particular 

facts or circumstances that would 

indicate this action will have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations. 

Furthermore, with respect to the 

determinations of whether areas have 

attained the NAAQS by the attainment 

date, the EPA has no discretionary 

authority to address environmental 

justice in these determinations. The 

CAA directs that within 6 months 

following the applicable attainment 

date, the Administrator shall determine, 

based on the area’s design value as of 

the attainment date, whether the area 

attained the standard by that date. CAA 

section 181(b)(2)(A). Except for any 

Severe or Extreme area, any area that the 

Administrator finds has not attained the 

standard by that date shall be 

reclassified by operation of law to either 

the next higher classification or the 

classification applicable to the area’s 

design value. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements and 

Volatile organic compounds. 

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

Dated: July 8, 2022. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2022–15032 Filed 7–13–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0584; FRL–9939–01– 

R9] 

Air Quality Implementation Plan; 

California; Tuolumne County Air 

Pollution Control District; Stationary 

Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Tuolumne County Air 

Pollution Control District’s (TCAPCD or 

‘‘District’’) portion of the California 

State Implementation Plan (SIP). This 

revision governs the District’s issuance 

of permits for stationary sources, and 

focuses on the preconstruction review 

and permitting of major sources and 

major modifications under part D of title 

I of the Clean Air Act (CAA or ‘‘the 

Act’’). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Comments must be received on 

or before August 15, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0584 at https://

www.regulations.gov, or via email to 

R9AirPermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Multimedia 


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