81_FR_84707 81 FR 84481 - Findings of Failure To Attain the 1997 PM2.5

81 FR 84481 - Findings of Failure To Attain the 1997 PM2.5

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84481-84483
FR Document2016-28100

The Environmental Protection Agency (EPA) has determined that the San Joaquin Valley nonattainment area failed to attain the 1997 annual and 24-hour fine particulate matter (PM<INF>2.5</INF>) national ambient air quality standards by the December 31, 2015 ``Serious'' area attainment date. As a result of this determination, the State of California is required to submit a revision to the California State Implementation Plan that, among other elements, provides for expeditious attainment of the 1997 PM<INF>2.5</INF> standards and for a five percent annual reduction in the emissions of direct PM<INF>2.5</INF> or a PM<INF>2.5</INF> plan precursor pollutant in the San Joaquin Valley.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84481-84483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28100]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0494; FRL-9955-53-Region 9]


Findings of Failure To Attain the 1997 PM2.5 Standards; 
California; San Joaquin Valley

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) has determined that 
the San Joaquin Valley nonattainment area failed to attain the 1997 
annual and 24-hour fine particulate matter (PM2.5) national 
ambient air quality standards by the December 31, 2015 ``Serious'' area 
attainment date. As a result of this determination, the State of 
California is required to submit a revision to the California State 
Implementation Plan that, among other elements, provides for 
expeditious attainment of the 1997 PM2.5 standards and for a 
five percent annual reduction in the emissions of direct 
PM2.5 or a PM2.5 plan precursor pollutant in the 
San Joaquin Valley.

DATES: This rule is effective December 23, 2016.

ADDRESSES: The EPA has established docket number EPA-R09-OAR-2016-0494 
for this action. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California 94105-
3901. While all documents in the docket are listed at http://www.regulations.gov, some information may be publicly available only at 
the hard copy location (e.g., copyrighted material, large maps, multi-
volume reports), and some may not be available in either location 
(e.g., confidential business information (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: Rory Mays, Air Planning Office (AIR-
2), EPA Region IX, (415) 972-3227, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we'', ``us,'' 
and ``our'' refer to the EPA.

Table of Contents

I. Background
II. Public Comments and Responses
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On October 6, 2016 (81 FR 69448), the EPA proposed to determine 
that the San Joaquin Valley Serious nonattainment area failed to attain 
the 1997 PM2.5 national ambient air quality standards (NAAQS 
or ``standards'') by the applicable attainment date of December 31, 
2015, based on complete, quality-assured and certified ambient air 
quality data for the 2013 to 2015 monitoring period. The San Joaquin 
Valley PM2.5 nonattainment area (or ``the Valley'') covers 
San Joaquin County, Stanislaus County, Merced County, Madera County, 
Fresno County, Tulare County, Kings County, and the valley portion of 
Kern County (see 40 CFR 81.305 for the precise boundaries of the 
PM2.5 nonattainment area).
    As discussed further in our October 6, 2016 proposed rule, in 1997, 
the EPA established annual and 24-hour PM2.5 standards of 
15.0 micrograms per cubic meter ([mu]g/m\3\) and 65 [mu]g/m\3\, 
respectively (see 40 CFR 50.7). Since promulgation of the 1997 
PM2.5 NAAQS, the EPA has established more stringent 
PM2.5 NAAQS but, for reasons given in the proposed rule, the 
1997 PM2.5 NAAQS remain in effect in the San Joaquin Valley 
and represent the standards for which today's determinations are made. 
See pages 69448-69449 of the proposed rule.
    Our proposed rule provided background information on: The effects 
of exposure to elevated levels of PM2.5; the designations 
and classifications of the San Joaquin Valley under the Clean Air Act 
(CAA or ``Act'') for the 1997 PM2.5 NAAQS; the plans 
developed by California to address nonattainment area requirements for 
San Joaquin Valley; the reclassification of the San Joaquin Valley from 
``Moderate'' to ``Serious'' for the 1997 PM2.5 NAAQS and the 
related extension of the applicable attainment date to December 31, 
2015; the request by California to extend the December 31, 2015 
attainment date for San Joaquin Valley under CAA section 188(e); and 
the denial of that request by the EPA. The EPA published its final 
denial of the State's attainment date extension request on October 6, 
2016 at 81 FR 69396.
    In our October 6, 2016 proposed rule, we also described the 
following: The statutory basis (i.e., CAA sections 179(c)(1) and 
188(b)(2)) for the obligation on the EPA to determine whether an area's 
air quality meets the 1997 PM2.5 NAAQS; the EPA regulations 
establishing the specific methods and procedures to determine whether 
an area has attained the 1997 PM2.5 NAAQS; and the 
PM2.5 monitoring networks operated in the Valley by the 
California Air Resources Board and the San Joaquin Valley Unified Air 
Pollution Control District and related monitoring network plans. We 
also documented our previous review of the networks and network plans, 
the agencies' annual certifications of ambient air monitoring data, and 
our determination that 15 of the 17 monitoring sites within the Valley 
produced valid design values for purposes of comparison with the 1997 
PM2.5 NAAQS.
    Under EPA regulations in 40 CFR part 50, section 50.7 and in 
accordance with Appendix N, the 1997 annual PM2.5 standards 
are met when the design value is less than or equal to 15.0 [mu]g/m\3\, 
and the 1997 24-hour PM2.5 standards are met when the design 
value is less than or equal to 65 [mu]g/m\3\. More specifically, the 
design value for the annual PM2.5 standards is the 3-year 
average of annual mean concentration, and the 1997 annual 
PM2.5 NAAQS are met when the design value for the annual 
PM2.5 standards at each eligible monitoring site is less 
than or equal to 15.0 [mu]g/m\3\. With respect to the 24-hour 
PM2.5 standards, the design value is the 3-year average of 
annual 98th percentile 24-hour average values recorded at each eligible 
monitoring site, and the 1997 24-hour PM2.5 NAAQS are met 
when the design value for the 24-hour standards at each such monitoring 
site is less than or equal to 65 [mu]g/m\3\.
    In our proposed rule, to evaluate whether the San Joaquin Valley 
attained the 1997 PM2.5 NAAQS by the December 31, 2015 
attainment date, we determined the 2013-2015 design values at each of 
the 17 PM2.5 monitoring sites for the 1997 annual and 24-
hour PM2.5 standards. See Tables 1 and 2 of our October 6, 
2016 proposed rule. Based on the design values at the various sites, we 
found that eight sites, all in the central and southern San Joaquin 
Valley, did not meet the 1997 annual PM2.5 NAAQS of 15.0 
[mu]g/m\3\, and that four sites, all in southwestern San Joaquin 
Valley, did not meet the 1997 24-hour PM2.5 NAAQS of 65 
[mu]g/m\3\ by the December 31, 2015 attainment date. The 2015 annual 
design value site, i.e., the site with the highest design value based 
on 2013-2015 data, is the Corcoran site with a 2015 annual 
PM2.5 design value of 22.2 [mu]g/m\3\ and a 24-hour 
PM2.5 design value of 79 [mu]g/m\3\.
    For the San Joaquin Valley to attain the 1997 PM2.5 
NAAQS by December 31, 2015, the 2015 design value (reflecting data from 
2013-2015) at each eligible

[[Page 84482]]

monitoring site in the Valley must be equal to or less than 15.0 [mu]g/
m\3\ for the annual standards and 65 [mu]g/m\3\ for the 24-hour 
standards. Since several sites for each averaging period had 2015 
design values greater than those values, based on quality-assured and 
certified data for 2013-2015, we proposed to determine that the San 
Joaquin Valley failed to attain the 1997 annual and 24-hour 
PM2.5 standards by the December 31, 2015 attainment date. 
With today's action, we finalize this determination.
    Finally, in our proposed rule, we described the CAA requirements 
that would apply if the EPA were to finalize the proposed finding of 
failure to attain. See our October 6, 2016 proposed rule for more 
information about the topics summarized above.

II. Public Comments and Responses

    Our October 6, 2016 proposed rule provided for a 30-day comment 
period. During this period, we received no comments.

III. Final Action

    Under CAA sections 179(c)(1) and 188(b)(2), and based on reasons 
set forth in our proposed rule and summarized above, the EPA is taking 
final action to determine that the San Joaquin Valley Serious 
nonattainment area failed to attain the 1997 annual and 24-hour 
PM2.5 NAAQS by the December 31, 2015 attainment date. This 
determination is based upon monitored air quality data from 2013 
through 2015.
    As a result of this final determination, the State of California is 
required under CAA sections 179(d) and 189(d) to submit, by December 
31, 2016, a revision to the SIP for the San Joaquin Valley. The SIP 
revision must, among other elements, demonstrate expeditious attainment 
of the standards within the time period provided under CAA section 
179(d), provide for annual reduction in the emissions of 
PM2.5 or a PM2.5 plan precursor pollutant within 
the area of not less than five percent until attainment,\1\ demonstrate 
reasonable further progress, and include contingency measures. The 
requirement for a new attainment demonstration under CAA section 189(d) 
also triggers the requirement for the SIP revision for quantitative 
milestones under section 189(c) that are to be achieved every three 
years until redesignation to attainment.
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    \1\ 81 FR 58010 at 58100, 58158 (August 24, 2016). The EPA 
defines PM2.5 plan precursor as those PM2.5 
precursors required to be regulated in the applicable attainment 
plan and/or nonattainment new source review program. 81 FR 58010 at 
58152.
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    The new attainment date is set by CAA section 179(d)(3), which 
relies upon section 172(a)(2) to establish a new attainment date but 
with a different starting point than provided in section 172(a)(2). 
Under section 179(d)(3), the new attainment date is the date by which 
attainment can be achieved as expeditiously as practicable, but no 
later than five years from the publication date of the final 
determination of failure to attain. The EPA may extend the attainment 
date for a period no greater than 10 years from the final 
determination, considering the severity of nonattainment and the 
availability and feasibility of pollution control measures.

IV. Statutory and Executive Order Reviews

    This final action in and of itself establishes no new requirements; 
it merely documents that air quality in the San Joaquin Valley did not 
meet the 1997 PM2.5 standards by the CAA deadline. For that 
reason, this final action:
     Is 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);
     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 CAA; 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, this final action does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP obligations discussed herein do not apply to Indian 
tribes and thus this action will not impose substantial direct costs on 
tribal governments or preempt tribal law. Nonetheless, the EPA has 
notified the tribes within the San Joaquin Valley PM2.5 
nonattainment area of this final action.
    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 January 23, 2017. 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 in 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.

    Dated: November 14, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

[[Page 84483]]

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 52.247 is amended by adding paragraph (h) to read as 
follows:


Sec.  52.247  Control strategy and regulations: Fine Particle Matter.

* * * * *
    (h) Determination of Failure to Attain: Effective December 23, 
2016, the EPA has determined that the San Joaquin Valley Serious 
PM2.5 nonattainment area failed to attain the 1997 annual 
and 24-hour PM2.5 NAAQS by the applicable attainment date of 
December 31, 2015. This determination triggers the requirements of CAA 
sections 179(d) and 189(d) for the State of California to submit a 
revision to the California SIP for the San Joaquin Valley to the EPA by 
December 31, 2016. The SIP revision must, among other elements, 
demonstrate expeditious attainment of the 1997 PM2.5 NAAQS 
within the time period provided under CAA section 179(d) and that 
provides for annual reduction in the emissions of direct 
PM2.5 or a PM2.5 plan precursor pollutant within 
the area of not less than five percent until attainment.

[FR Doc. 2016-28100 Filed 11-22-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations                              84481

                                                [FR Doc. 2016–28098 Filed 11–22–16; 8:45 am]            II. Public Comments and Responses           procedures to determine whether an
                                                BILLING CODE 6560–50–P
                                                                                                        III. Final Action                           area has attained the 1997 PM2.5
                                                                                                        IV. Statutory and Executive Order Reviews   NAAQS; and the PM2.5 monitoring
                                                                                                        I. Background                               networks operated in the Valley by the
                                                ENVIRONMENTAL PROTECTION                                                                            California Air Resources Board and the
                                                AGENCY                                                     On October 6, 2016 (81 FR 69448), the
                                                                                                                                                    San Joaquin Valley Unified Air
                                                                                                        EPA proposed to determine that the San
                                                                                                                                                    Pollution Control District and related
                                                40 CFR Part 52                                          Joaquin Valley Serious nonattainment
                                                                                                                                                    monitoring network plans. We also
                                                                                                        area failed to attain the 1997 PM2.5
                                                [EPA–R09–OAR–2016–0494; FRL–9955–53–                                                                documented our previous review of the
                                                                                                        national ambient air quality standards
                                                Region 9]                                                                                           networks and network plans, the
                                                                                                        (NAAQS or ‘‘standards’’) by the
                                                                                                                                                    agencies’ annual certifications of
                                                Findings of Failure To Attain the 1997                  applicable attainment date of December
                                                                                                                                                    ambient air monitoring data, and our
                                                PM2.5 Standards; California; San                        31, 2015, based on complete, quality-       determination that 15 of the 17
                                                Joaquin Valley                                          assured and certified ambient air quality monitoring sites within the Valley
                                                                                                        data for the 2013 to 2015 monitoring        produced valid design values for
                                                AGENCY:  Environmental Protection                       period. The San Joaquin Valley PM2.5
                                                Agency (EPA).                                                                                       purposes of comparison with the 1997
                                                                                                        nonattainment area (or ‘‘the Valley’’)      PM2.5 NAAQS.
                                                ACTION: Final rule.                                     covers San Joaquin County, Stanislaus          Under EPA regulations in 40 CFR part
                                                                                                        County, Merced County, Madera               50, section 50.7 and in accordance with
                                                SUMMARY:    The Environmental Protection                County, Fresno County, Tulare County,
                                                Agency (EPA) has determined that the                                                                Appendix N, the 1997 annual PM2.5
                                                                                                        Kings County, and the valley portion of     standards are met when the design
                                                San Joaquin Valley nonattainment area
                                                                                                        Kern County (see 40 CFR 81.305 for the      value is less than or equal to 15.0 mg/
                                                failed to attain the 1997 annual and 24-
                                                                                                        precise boundaries of the PM2.5             m3, and the 1997 24-hour PM2.5
                                                hour fine particulate matter (PM2.5)
                                                                                                        nonattainment area).                        standards are met when the design
                                                national ambient air quality standards                     As discussed further in our October 6, value is less than or equal to 65 mg/m3.
                                                by the December 31, 2015 ‘‘Serious’’                    2016 proposed rule, in 1997, the EPA
                                                area attainment date. As a result of this                                                           More specifically, the design value for
                                                                                                        established annual and 24-hour PM2.5        the annual PM2.5 standards is the 3-year
                                                determination, the State of California is               standards of 15.0 micrograms per cubic
                                                required to submit a revision to the                                                                average of annual mean concentration,
                                                                                                        meter (mg/m3) and 65 mg/m3,                 and the 1997 annual PM2.5 NAAQS are
                                                California State Implementation Plan
                                                                                                        respectively (see 40 CFR 50.7). Since       met when the design value for the
                                                that, among other elements, provides for
                                                                                                        promulgation of the 1997 PM2.5 NAAQS, annual PM2.5 standards at each eligible
                                                expeditious attainment of the 1997
                                                                                                        the EPA has established more stringent      monitoring site is less than or equal to
                                                PM2.5 standards and for a five percent
                                                                                                        PM2.5 NAAQS but, for reasons given in       15.0 mg/m3. With respect to the 24-hour
                                                annual reduction in the emissions of
                                                                                                        the proposed rule, the 1997 PM2.5           PM2.5 standards, the design value is the
                                                direct PM2.5 or a PM2.5 plan precursor
                                                                                                        NAAQS remain in effect in the San           3-year average of annual 98th percentile
                                                pollutant in the San Joaquin Valley.
                                                                                                        Joaquin Valley and represent the            24-hour average values recorded at each
                                                DATES: This rule is effective December
                                                                                                        standards for which today’s                 eligible monitoring site, and the 1997
                                                23, 2016.                                               determinations are made. See pages          24-hour PM2.5 NAAQS are met when the
                                                ADDRESSES: The EPA has established                      69448–69449 of the proposed rule.           design value for the 24-hour standards
                                                docket number EPA–R09–OAR–2016–                            Our proposed rule provided               at each such monitoring site is less than
                                                0494 for this action. Generally,                        background information on: The effects      or equal to 65 mg/m3.
                                                documents in the docket for this action                 of exposure to elevated levels of PM2.5;       In our proposed rule, to evaluate
                                                are available electronically at http://                 the designations and classifications of     whether the San Joaquin Valley attained
                                                www.regulations.gov or in hard copy at                  the San Joaquin Valley under the Clean      the 1997 PM2.5 NAAQS by the December
                                                EPA Region IX, 75 Hawthorne Street,                     Air Act (CAA or ‘‘Act’’) for the 1997       31, 2015 attainment date, we
                                                San Francisco, California 94105–3901.                   PM2.5 NAAQS; the plans developed by         determined the 2013–2015 design
                                                While all documents in the docket are                   California to address nonattainment area values at each of the 17 PM2.5
                                                listed at http://www.regulations.gov,                   requirements for San Joaquin Valley; the monitoring sites for the 1997 annual and
                                                some information may be publicly                        reclassification of the San Joaquin         24-hour PM2.5 standards. See Tables 1
                                                available only at the hard copy location                Valley from ‘‘Moderate’’ to ‘‘Serious’’ for and 2 of our October 6, 2016 proposed
                                                (e.g., copyrighted material, large maps,                the 1997 PM2.5 NAAQS and the related        rule. Based on the design values at the
                                                multi-volume reports), and some may                     extension of the applicable attainment      various sites, we found that eight sites,
                                                not be available in either location (e.g.,              date to December 31, 2015; the request      all in the central and southern San
                                                confidential business information                       by California to extend the December        Joaquin Valley, did not meet the 1997
                                                (CBI)). To inspect the hard copy                        31, 2015 attainment date for San Joaquin annual PM2.5 NAAQS of 15.0 mg/m3,
                                                materials, please schedule an                           Valley under CAA section 188(e); and        and that four sites, all in southwestern
                                                appointment during normal business                      the denial of that request by the EPA.      San Joaquin Valley, did not meet the
                                                hours with the contact listed in the FOR                The EPA published its final denial of       1997 24-hour PM2.5 NAAQS of 65 mg/m3
                                                FURTHER INFORMATION CONTACT section.                    the State’s attainment date extension       by the December 31, 2015 attainment
                                                FOR FURTHER INFORMATION CONTACT: Rory                   request on October 6, 2016 at 81 FR         date. The 2015 annual design value site,
                                                Mays, Air Planning Office (AIR–2), EPA                  69396.                                      i.e., the site with the highest design
                                                Region IX, (415) 972–3227, mays.rory@                      In our October 6, 2016 proposed rule, value based on 2013–2015 data, is the
mstockstill on DSK3G9T082PROD with RULES




                                                epa.gov.                                                we also described the following: The        Corcoran site with a 2015 annual PM2.5
                                                SUPPLEMENTARY INFORMATION:                              statutory basis (i.e., CAA sections         design value of 22.2 mg/m3 and a 24-
                                                Throughout this document, ‘‘we’’, ‘‘us,’’               179(c)(1) and 188(b)(2)) for the            hour PM2.5 design value of 79 mg/m3.
                                                and ‘‘our’’ refer to the EPA.                           obligation on the EPA to determine             For the San Joaquin Valley to attain
                                                                                                        whether an area’s air quality meets the     the 1997 PM2.5 NAAQS by December 31,
                                                Table of Contents                                       1997 PM2.5 NAAQS; the EPA regulations 2015, the 2015 design value (reflecting
                                                I. Background                                           establishing the specific methods and       data from 2013–2015) at each eligible


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                                                84482        Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations

                                                monitoring site in the Valley must be                   upon section 172(a)(2) to establish a                    In addition, this final action does not
                                                equal to or less than 15.0 mg/m3 for the                new attainment date but with a different              have tribal implications as specified by
                                                annual standards and 65 mg/m3 for the                   starting point than provided in section               Executive Order 13175 (65 FR 67249,
                                                24-hour standards. Since several sites                  172(a)(2). Under section 179(d)(3), the               November 9, 2000), because the SIP
                                                for each averaging period had 2015                      new attainment date is the date by                    obligations discussed herein do not
                                                design values greater than those values,                which attainment can be achieved as                   apply to Indian tribes and thus this
                                                based on quality-assured and certified                  expeditiously as practicable, but no later            action will not impose substantial direct
                                                data for 2013–2015, we proposed to                      than five years from the publication date             costs on tribal governments or preempt
                                                determine that the San Joaquin Valley                   of the final determination of failure to              tribal law. Nonetheless, the EPA has
                                                failed to attain the 1997 annual and 24-                attain. The EPA may extend the                        notified the tribes within the San
                                                hour PM2.5 standards by the December                    attainment date for a period no greater               Joaquin Valley PM2.5 nonattainment
                                                31, 2015 attainment date. With today’s                  than 10 years from the final
                                                action, we finalize this determination.                                                                       area of this final action.
                                                                                                        determination, considering the severity
                                                   Finally, in our proposed rule, we                    of nonattainment and the availability                    The Congressional Review Act, 5
                                                described the CAA requirements that                     and feasibility of pollution control                  U.S.C. 801 et seq., as added by the Small
                                                would apply if the EPA were to finalize                 measures.                                             Business Regulatory Enforcement
                                                the proposed finding of failure to attain.                                                                    Fairness Act of 1996, generally provides
                                                See our October 6, 2016 proposed rule                   IV. Statutory and Executive Order                     that before a rule may take effect, the
                                                for more information about the topics                   Reviews
                                                                                                                                                              agency promulgating the rule must
                                                summarized above.                                         This final action in and of itself                  submit a rule report, which includes a
                                                II. Public Comments and Responses                       establishes no new requirements; it                   copy of the rule, to each House of the
                                                                                                        merely documents that air quality in the              Congress and to the Comptroller General
                                                   Our October 6, 2016 proposed rule                    San Joaquin Valley did not meet the
                                                provided for a 30-day comment period.                                                                         of the United States. The EPA will
                                                                                                        1997 PM2.5 standards by the CAA                       submit a report containing this action
                                                During this period, we received no                      deadline. For that reason, this final
                                                comments.                                                                                                     and other required information to the
                                                                                                        action:                                               U.S. Senate, the U.S. House of
                                                III. Final Action                                          • Is not a ‘‘significant regulatory
                                                                                                                                                              Representatives, and the Comptroller
                                                                                                        action’’ subject to review by the Office
                                                   Under CAA sections 179(c)(1) and                     of Management and Budget under                        General of the United States prior to
                                                188(b)(2), and based on reasons set forth                                                                     publication of the rule in the Federal
                                                                                                        Executive Order 12866 (58 FR 51735,
                                                in our proposed rule and summarized                                                                           Register. A major rule cannot take effect
                                                                                                        October 4, 1993);
                                                above, the EPA is taking final action to                   • does not impose an information                   until 60 days after it is published in the
                                                determine that the San Joaquin Valley                   collection burden under the provisions                Federal Register. This action is not a
                                                Serious nonattainment area failed to                    of the Paperwork Reduction Act (44                    ‘‘major rule’’ as defined by 5 U.S.C.
                                                attain the 1997 annual and 24-hour                      U.S.C. 3501 et seq.);                                 804(2).
                                                PM2.5 NAAQS by the December 31, 2015                       • is certified as not having a
                                                attainment date. This determination is                                                                           Under section 307(b)(1) of the Clean
                                                                                                        significant economic impact on a                      Air Act, petitions for judicial review of
                                                based upon monitored air quality data                   substantial number of small entities
                                                from 2013 through 2015.                                                                                       this action must be filed in the United
                                                                                                        under the Regulatory Flexibility Act (5               States Court of Appeals for the
                                                   As a result of this final determination,
                                                                                                        U.S.C. 601 et seq.);                                  appropriate circuit by January 23, 2017.
                                                the State of California is required under                  • does not contain any unfunded
                                                CAA sections 179(d) and 189(d) to                                                                             Filing a petition for reconsideration by
                                                                                                        mandate or significantly or uniquely
                                                submit, by December 31, 2016, a                                                                               the Administrator of this final rule does
                                                                                                        affect small governments, as described
                                                revision to the SIP for the San Joaquin                                                                       not affect the finality of this action for
                                                                                                        in the Unfunded Mandates Reform Act
                                                Valley. The SIP revision must, among                                                                          the purposes of judicial review nor does
                                                                                                        of 1995 (Pub. L. 104–4);
                                                other elements, demonstrate expeditious                    • does not have Federalism                         it extend the time within which a
                                                attainment of the standards within the                  implications as specified in Executive                petition for judicial review may be filed,
                                                time period provided under CAA                          Order 13132 (64 FR 43255, August 10,                  and shall not postpone the effectiveness
                                                section 179(d), provide for annual                      1999);                                                of such rule or action. This action may
                                                reduction in the emissions of PM2.5 or                     • is not an economically significant               not be challenged later in proceedings to
                                                a PM2.5 plan precursor pollutant within                 regulatory action based on health or                  enforce its requirements (see section
                                                the area of not less than five percent                  safety risks subject to Executive Order               307(b)(2)).
                                                until attainment,1 demonstrate                          13045 (62 FR 19885, April 23, 1997);
                                                                                                                                                              List of Subjects in 40 CFR Part 52
                                                reasonable further progress, and include                   • is not a significant regulatory action
                                                contingency measures. The requirement                   subject to Executive Order 13211 (66 FR                 Environmental protection, Air
                                                for a new attainment demonstration                      28355, May 22, 2001);                                 pollution control, Ammonia,
                                                under CAA section 189(d) also triggers                     • is not subject to requirements of                Incorporation by reference,
                                                the requirement for the SIP revision for                Section 12(d) of the National
                                                quantitative milestones under section                                                                         Intergovernmental relations, Nitrogen
                                                                                                        Technology Transfer and Advancement
                                                189(c) that are to be achieved every                                                                          dioxide, Particulate matter, Reporting
                                                                                                        Act of 1995 (15 U.S.C. 272 note) because
                                                three years until redesignation to                                                                            and recordkeeping requirements, Sulfur
                                                                                                        application of those requirements would
                                                attainment.                                                                                                   oxides, Volatile organic compounds.
                                                                                                        be inconsistent with the CAA; and
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                                                   The new attainment date is set by                       • does not provide the EPA with the                  Dated: November 14, 2016.
                                                CAA section 179(d)(3), which relies                     discretionary authority to address                    Alexis Strauss,
                                                                                                        disproportionate human health or                      Acting Regional Administrator, Region IX.
                                                  1 81 FR 58010 at 58100, 58158 (August 24, 2016).
                                                                                                        environmental effects with practical,
                                                The EPA defines PM2.5 plan precursor as those                                                                   Chapter I, title 40 of the Code of
                                                PM2.5 precursors required to be regulated in the
                                                                                                        appropriate, and legally permissible
                                                applicable attainment plan and/or nonattainment         methods under Executive Order 12898                   Federal Regulations is amended as
                                                new source review program. 81 FR 58010 at 58152.        (59 FR 7629, February 16, 1994).                      follows:


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                                                             Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations                                         84483

                                                PART 52—APPROVAL AND                                    regulations. It is no longer necessary or             funds are appropriately expended),
                                                PROMULGATION OF                                         appropriate to retain a contract,                     FEMA established ‘‘A Plan to Maintain
                                                IMPLEMENTATION PLANS                                    agreement, or any other arrangement                   Financial Control for Business Written
                                                                                                        between FEMA and private insurance                    Under the Write Your Own Program,’’
                                                ■ 1. The authority citation for Part 52                 companies in the Code of Federal                      also known as the ‘‘Financial Control
                                                continues to read as follows:                           Regulations.                                          Plan.’’ See 42 U.S.C. 4071; 44 CFR
                                                    Authority: 42 U.S.C. 7401 et seq.                   DATES: This final rule is effective                   62.23(f), Part 62, App. B. To ensure
                                                                                                        December 23, 2016.                                    financial and statistical control over the
                                                Subpart F—California                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                              NFIP, as part of the Arrangement, WYO
                                                                                                        Claudia Murphy, Director, Policyholder                companies agree to adhere to the
                                                ■ 2. Section 52.247 is amended by                                                                             standards and requirements in the
                                                adding paragraph (h) to read as follows:                Services Division, Federal Insurance
                                                                                                        and Mitigation Administration, Federal                Financial Control Plan.
                                                § 52.247 Control strategy and regulations:              Emergency Management Agency, 400 C                       On May 23, 2016, FEMA published a
                                                Fine Particle Matter.                                   Street SW., Washington, DC 20472,                     proposed rule (81 FR 32261) proposing
                                                *      *     *     *    *                               (202) 646–2775.                                       to remove the copy of the Arrangement
                                                   (h) Determination of Failure to Attain:              SUPPLEMENTARY INFORMATION:                            in 44 CFR part 62, Appendix A, and the
                                                Effective December 23, 2016, the EPA                                                                          summary of the Financial Control Plan
                                                                                                        I. Background and Regulatory History                  in 44 CFR part 62, Appendix B. In
                                                has determined that the San Joaquin
                                                Valley Serious PM2.5 nonattainment area                    The National Flood Insurance Act of                addition, FEMA proposed to make
                                                failed to attain the 1997 annual and 24-                1968 (NFIA), as amended (42 U.S.C.                    conforming amendments to remove
                                                hour PM2.5 NAAQS by the applicable                      4001 et seq.), authorizes the                         citations to these appendices in 44 CFR
                                                attainment date of December 31, 2015.                   Administrator of the Federal Emergency                62.23.
                                                This determination triggers the                         Management Agency (FEMA) to                              FEMA proposed to remove the
                                                requirements of CAA sections 179(d)                     establish and carry out a National Flood              Arrangement from the NFIP regulations
                                                and 189(d) for the State of California to               Insurance Program (NFIP) to enable                    because it is no longer necessary to
                                                submit a revision to the California SIP                 interested persons to purchase                        include a copy of the Arrangement in
                                                for the San Joaquin Valley to the EPA                   insurance against loss resulting from                 the CFR. FEMA originally included the
                                                by December 31, 2016. The SIP revision                  physical damage to or loss of real or                 Arrangement in the CFR to inform the
                                                must, among other elements,                             personal property arising from flood in               public of the procedural details of the
                                                demonstrate expeditious attainment of                   the United States. See 42 U.S.C. 4011(a).             WYO Program. See 50 FR 16236 (April
                                                the 1997 PM2.5 NAAQS within the time                    Under the NFIA, FEMA has the                          25, 1985). There are now more efficient
                                                period provided under CAA section                       authority to undertake arrangements to                ways to inform the public of the
                                                179(d) and that provides for annual                     carry out the NFIP through the facilities             procedural details of the WYO Program,
                                                reduction in the emissions of direct                    of the Federal government, utilizing, for             and after more than 30 years of
                                                PM2.5 or a PM2.5 plan precursor                         the purposes of providing flood                       operation, the public is more familiar
                                                pollutant within the area of not less                   insurance coverage, insurance                         with the procedural details of the WYO
                                                than five percent until attainment.                     companies and other insurers, insurance               Program and the flood insurance
                                                [FR Doc. 2016–28100 Filed 11–22–16; 8:45 am]
                                                                                                        agents and brokers, and insurance                     provided through WYO companies.
                                                                                                        adjustment organizations, as fiscal                   Further, the NFIA does not require
                                                BILLING CODE 6560–50–P
                                                                                                        agents of the United States. See 42                   FEMA to include a copy of the
                                                                                                        U.S.C. 4071. To this end, FEMA is                     Arrangement in the CFR. See 42 U.S.C.
                                                                                                        authorized to ‘‘enter into any contracts,             4081. Finally, it is inappropriate to
                                                DEPARTMENT OF HOMELAND                                  agreements, or other arrangements’’                   codify in regulation a contract,
                                                SECURITY                                                with private insurance companies to                   agreement, or other arrangement
                                                                                                        utilize their facilities and services in              between FEMA and private insurance
                                                Federal Emergency Management
                                                                                                        administering the NFIP, and on such                   companies.
                                                Agency
                                                                                                        terms and conditions as may be agreed
                                                                                                                                                                 With the removal of the copy of the
                                                                                                        upon. See 42 U.S.C. 4081(a).
                                                44 CFR Part 62                                                                                                Arrangement from the NFIP regulations,
                                                                                                           Pursuant to this authority, FEMA
                                                                                                                                                              FEMA and its industry partners can
                                                [Docket ID: FEMA–2016–0012]                             enters into a standard Financial
                                                                                                                                                              have flexibility to make operational
                                                                                                        Assistance/Subsidy Arrangement
                                                RIN 1660–AA86                                                                                                 adjustments and corrections to the
                                                                                                        (Arrangement) with private sector
                                                                                                                                                              Arrangement more quickly and
                                                                                                        property insurers, also known as Write
                                                National Flood Insurance Program                                                                              efficiently. Although the rulemaking
                                                                                                        Your Own (WYO) companies, to sell
                                                (NFIP): Financial Assistance/Subsidy                                                                          process plays an important role in
                                                                                                        NFIP flood insurance policies under
                                                Arrangement                                                                                                   agency policymaking, when this process
                                                                                                        their own names and adjust and pay
                                                                                                                                                              is not required or necessary, the
                                                AGENCY:  Federal Emergency                              claims arising under the Standard Flood
                                                                                                                                                              requirement to undergo rulemaking can
                                                Management Agency, DHS.                                 Insurance Policy (SFIP). Each
                                                                                                                                                              unnecessarily slow down the operation
                                                ACTION: Final rule.                                     Arrangement entered into by a WYO
                                                                                                                                                              of the NFIP by FEMA and its industry
                                                                                                        company must be in the form and
                                                                                                                                                              partners and can result in the use of
                                                SUMMARY:    The Federal Emergency                       substance of the standard Arrangement,
                                                                                                                                                              alternate, less than ideal measures that
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                                                Management Agency (FEMA) is issuing                     a copy of which is in Title 44 of the
                                                                                                                                                              result in business and operational
                                                this final rule to remove the copy of the               Code of Federal Regulations (CFR) Part
                                                                                                                                                              inefficiencies.
                                                Financial Assistance/Subsidy                            62, Appendix A. See 44 CFR 62.23(a).
                                                Arrangement (Arrangement) and the                       Since the primary relationship between                   FEMA also proposed to remove the
                                                summary of the Financial Control Plan                   the Federal government and WYO                        summary of the Financial Control Plan
                                                from the appendices of the National                     companies is one of a fiduciary nature                in Appendix B, because this information
                                                Flood Insurance Program (NFIP)                          (that is, to ensure that any taxpayer                 is contained in either FEMA’s Financial


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Document Created: 2016-11-23 05:30:06
Document Modified: 2016-11-23 05:30:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective December 23, 2016.
ContactRory Mays, Air Planning Office (AIR- 2), EPA Region IX, (415) 972-3227, [email protected]
FR Citation81 FR 84481 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Ammonia; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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