[Federal Register Volume 81, Number 63 (Friday, April 1, 2016)]
[Rules and Regulations]
[Pages 18766-18781]
[FR Doc No: 2016-07323]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR part 52

[EPA-R09-OAR-2014-0547; FRL-9939-89-Region 9]

Partial Approval and Partial Disapproval of Air Quality State
Implementation Plans; California; Infrastructure Requirements for
Ozone, Fine Particulate Matter (PM2.5), Lead (Pb), Nitrogen
Dioxide (NO2), and Sulfur Dioxide (SO2)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is partially
approving and partially disapproving several State Implementation Plan
(SIP) revisions submitted by the State of California pursuant to the
requirements of the Clean Air Act (CAA or the Act) for the

implementation, maintenance, and enforcement of national ambient air
quality standards (NAAQS) for ozone, fine particulate patter
(PM2.5), lead (Pb), nitrogen dioxide (NO2), and
sulfur dioxide (SO2). We refer to such SIP revisions as
``infrastructure'' SIPs because they are intended to address basic
structural SIP requirements for new or revised NAAQS including, but not
limited to, legal authority, regulatory structure, resources, permit
programs, and monitoring necessary to assure attainment and maintenance
of the standards. In addition, we are reclassifying certain regions of
the state for emergency episode planning purposes with respect to
ozone, NO2, SO2, and particulate matter (PM).
Finally, we are approving into the California SIP several state
provisions addressing CAA conflict of interest requirements and an
emergency episode planning rule for Great Basin Unified Air Pollution
Control District for PM.

DATES: This final rule is effective on May 2, 2016.

ADDRESSES: EPA has established a docket for this action, identified by
Docket ID Number EPA-R09-OAR-2014-0547. The index to the docket for
this action is available electronically at http://www.regulations.gov
and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco,
California. While all documents in the docket are listed in the index,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material), and some may not be publicly
available in either location (e.g., confidential business information
(CBI)). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed
directly below.

FOR FURTHER INFORMATION CONTACT: Rory Mays, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.

Table of Contents

I. Background
    A. Statutory Requirements
    B. NAAQS Addressed by This Final Rule
    C. California's Submittals
II. EPA's Response to Comments
III. Final Action
    A. Approvals and Partial Approvals
    B. Partial Disapprovals
    C. Consequences of Disapprovals
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background

    EPA proposed action on several California infrastructure SIP
submittals on October 23, 2014 (proposed rule).\1\ Today's rule
finalizes that proposal in its entirety with minor changes due to
comments, rulemakings, and other information that has come to light
over the past year. We briefly summarize the infrastructure SIP
statutory requirements and the eight NAAQS and five California SIP
submittals to which this final rule applies. Section II of this final
rule presents our response to public comments and Section III describes
our final action, including full approvals, partial approvals, partial
disapprovals, and consequences of each partial disapproval.
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    \1\ 79 FR 63350, October 23, 2014.
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    The rationale supporting EPA's action is explained in our October
23, 2014 proposed rule and the five associated technical support
documents (TSDs) \2\ and will not be restated here. The proposed rule
and TSDs are available in the docket for today's rulemaking and online
at http://www.regulations.gov, Docket ID number EPA-R09-OAR-2014-0547.
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    \2\ The five TSDs are as follows: 1) ``California Infrastructure
SIP Overarching Technical Support Document,'' September 2014
(``Overarching TSD''); 2) ``California Infrastructure SIP Permit
Programs Technical Support Document,'' September 2014 (``Permit
Programs TSD''); 3) ``California Infrastructure SIP Interstate
Transport Technical Support Document,'' September 2014 (``Interstate
Transport TSD''); 4) ``California Infrastructure SIP Conflict of
Interest Technical Support Document,'' September 2014 (``Conflict of
Interest TSD''); and 5) ``California Infrastructure SIP Emergency
Episode Planning Technical Support Document,'' September 2014
(``Emergency Episode Planning TSD'').
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A. Statutory Requirements

    Section 110(a)(1) of the CAA requires each state to submit to EPA,
within three years after the promulgation of a primary or secondary
NAAQS or any revision thereof, an infrastructure SIP revision that
provides for the implementation, maintenance, and enforcement of such
NAAQS. Section 110(a)(2) of the CAA sets the content requirements of
such a plan, which generally relate to the information and authorities,
compliance assurances, procedural requirements, and control measures
that constitute the ``infrastructure'' of a state's air quality
management program. Two elements identified in section 110(a)(2) are
not governed by the three-year submittal deadline of section 110(a)(1)
and are therefore not addressed in this action. These two elements are:
(i) Section 110(a)(2)(C) to the extent it refers to permit programs
required under part D (nonattainment new source review (NSR)), and (ii)
section 110(a)(2)(I), pertaining to the nonattainment planning
requirements of part D. As a result, this action does not address
infrastructure for the nonattainment NSR portion of section
110(a)(2)(C) or the whole of section 110(a)(2)(I).

B. NAAQS Addressed by This Final Rule

    Between 1997 and 2012, EPA promulgated a series of new or revised
NAAQS for ozone, PM2.5, Pb, NO2, and
SO2, each of which triggered the requirement for states to
submit infrastructure SIPs. The NAAQS addressed by this infrastructure
SIP final rule include the following:
     1997 ozone NAAQS, which established 8-hour average primary
and secondary ozone standards of 0.08 ppm, and revoked the 1979 1-hour
ozone standard of 0.12 parts per million (ppm).\3\
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    \3\ 62 FR 38856, July 18, 1997.
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     2008 ozone NAAQS, which revised the 8-hour ozone standards
to 0.075 ppm.\4\
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    \4\ 73 FR 16436, March 27, 2008.
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     1997 PM2.5 NAAQS, which set 24-hour average
primary and secondary PM2.5 standards of 65 [micro]g/m\3\
and annual primary and secondary PM2.5 standards of 15
[micro]g/m\3\.\5\
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    \5\ 62 FR 38652, July 18, 1997.
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     2006 PM2.5 NAAQS, which revised the 1997 24-
hour PM2.5 standards to 35 [micro]g/m\3\, and retained the
1997 annual standards.\6\
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    \6\ 71 FR 61144, October 17, 2006.
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     2012 PM2.5 NAAQS, which revised the 1997 and
2006 annual PM2.5 standards to 12.0 [micro]g/m\3\, and
retained the 2006 24-hour standards.\7\
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    \7\ 78 FR 3086, January 15, 2013.
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     2008 Pb NAAQS, which revised the 1978 Pb quarterly average
standard of 1.5 [micro]g/m\3\ to a rolling 3-month average not to
exceed 0.15 [mu]g/m\3\, and revised the secondary standard to 0.15
[mu]g/m\3\, making it identical to the revised primary standard.\8\
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    \8\ 73 FR 66964, November 12, 2008.
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     2010 NO2 NAAQS, which revised the primary 1971
NO2 annual standard of 53 parts per billion (ppb) by
supplementing it with a new 1-hour average NO2 standard of
100 ppb, and retained the secondary annual standard of 53 ppb.\9\
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    \9\ 75 FR 6474, February 9, 2010. The annual NO2
standard of 0.053 ppm is listed in ppb for ease of comparison with
the new 1-hour standard.
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     2010 SO2 NAAQS, which established a new 1-hour
average SO2 standard of 75 ppb, retained the secondary 3-
hour average SO2 standard of 500 ppb, and established a
mechanism for revoking the primary

1971 annual and 24-hour SO2 standards.\10\
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    \10\ 75 FR 35520, June 22, 2010. The 3-hour SO2
standard of 0.5 ppm is listed in ppb for ease of comparison with the
new 1-hour standard.
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C. California's Submittals

    The California Air Resources Board (ARB) has submitted several
infrastructure SIP revisions pursuant to EPA's promulgation of the
NAAQS addressed by this final rule, including the following:
     November 16, 2007--``Proposed State Strategy for
California's 2007 State Implementation Plan.'' Appendices B
(``110(a)(2) Infrastructure SIP'') and G (``Legal Authority and Other
Requirements'') contain California's infrastructure SIP revision for
the 1997 ozone and 1997 PM2.5 NAAQS. (``California's 2007
Submittal'').\11\ This submittal incorporates by reference California's
section 110(a)(2) SIP submitted in response to the 1970 CAA and
approved by EPA in 1979 in 40 CFR 52.220.
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    \11\ California's November 16, 2007 Submittal is often referred
to as California's 2007 State Strategy. EPA previously acted on
Appendix C (``Revised Interstate Transport State Implementation
Plan'') of California's 2007 State Strategy, as modified by
Attachment A of the same submittal, which contained California's SIP
revision to address the interstate transport requirements of CAA
section 110(a)(2)(D)(i) for the 1997 ozone and 1997 PM2.5
NAAQS. 76 FR 34872, June 15, 2011 and 76 FR 43175, July 20, 2011
(transport prongs 1 and 2); 76 FR 48002, August 8, 2011 and 76 FR
48006, August 8, 2011 (transport prong 3); and 76 FR 34608, June 14,
2011 and 76 FR 43149, July 20, 2011 (transport prong 4).
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     October 6, 2011--``State Implementation Plan Revision for
Federal Lead Standard Infrastructure Requirements,'' which addresses
the 2008 Pb NAAQS. (``California's 2011 Submittal'').
     December 12, 2012--``State Implementation Plan Revision
for Federal Nitrogen Dioxide Standard Infrastructure Requirements,''
which addressed the 2010 NO2 NAAQS. (``California's 2012
Submittal'').
     March 6, 2014--``California Infrastructure SIP,'' which
provided new submittals for the 2008 ozone, 2010 SO2, and
2012 PM2.5 NAAQS and supplemented and amended the state's
prior infrastructure SIP submittals. (``California's 2014 Submittal'').
     June 2, 2014--Great Basin Unified Air Pollution Control
District (APCD) Rule 701 (``Air Pollution Episode Plan''), which
addresses CAA section 110(a)(2)(G) for the 1987 coarse particulate
matter (PM10) NAAQS and 1997 PM2.5, 2006
PM2.5, and 2012 PM2.5 NAAQS. (``Great Basin Rule
701'').
    We find that these submittals meet the procedural requirements for
public participation under CAA section 110(a)(2) and 40 CFR 51.102. We
are acting on all of these submittals since they collectively address
the infrastructure SIP requirements for the NAAQS addressed by this
final rule. We refer to them collectively herein as ``California's
Infrastructure SIP Submittals.'' Importantly, however, California has
not made a submittal for the interstate transport requirements of CAA
section 110(a)(2)(D)(i)(I) with respect to the 2006 PM2.5,
2012 PM2.5, 2008 ozone, and 2010 SO2 NAAQS.\12\
Thus, as noted in our proposed rule, we are not addressing the
requirements of section 110(a)(2)(D)(i)(I) with respect to these four
NAAQS in this final rule.
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    \12\ California made an infrastructure SIP submittal for the
2006 PM2.5 NAAQS on July 7, 2009 that was subsequently
withdrawn on July 18, 2014. All infrastructure SIP requirements for
that NAAQS are addressed in California's 2014 Submittal with the
exception of the interstate transport requirements of CAA section
110(a)(2)(D)(i)(I). Therefore, there is no California submittal
before EPA with respect to the interstate transport requirements of
section 110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS. EPA
has issued a finding of failure to submit such SIP revisions. 79 FR
63536, October 24, 2014.
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II. EPA's Response to Comments

    The public comment period on EPA's proposed rule opened on October
24, 2014, the date of its publication in the Federal Register, and
closed on November 24, 2014. During this period, EPA received four
comment letters, each of which is available in the docket to today's
final rule.\13\ Three letters relate to permitting requirements and we
address each of those here. The fourth letter is from Wyoming
Department of Environmental Quality \14\ and supports EPA's approach to
the review of infrastructure SIPs.
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    \13\ See document numbers EPA-R09-OAR-2014-0547-0144 thru 0147
at http://www.regulations.gov under docket ID number EPA-R09-OAR-
2014-0547.
    \14\ Letter from Todd Parfitt, Director, Wyoming Department of
Environmental Quality, to Gina McCarthy, Administrator, U.S. EPA,
November 24, 2014.
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    Comment #1:
    Mr. Robert Ukeiley commented on EPA's proposal with respect to the
permitting-related infrastructure SIP requirements for the prevention
of significant deterioration (PSD).\15\ Specifically, Mr. Ukeiley
requested confirmation that the SIP-approved PSD permit programs for
seven air districts (Eastern Kern, Imperial County, Monterey Bay
Unified, Placer County, Sacramento Metro, San Joaquin Valley, and Yolo-
Solano) include requirements for PM2.5 increments or, for
any air district whose SIP-approved PSD program lacks such
requirements, that EPA disapprove the PSD-related infrastructure SIP
elements. He also asked that EPA disapprove the PSD-related elements of
the infrastructure SIP submittals for any air district whose SIP-
approved PSD rules contain significant impact levels (SILs) provisions
for PM2.5.
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    \15\ Email from Robert Ukeiley to Rory Mays, U.S. EPA Region IX,
October 24, 2014.
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    Response to Comment #1:
    We have confirmed that the SIP-approved PSD permit rules of the
seven air districts named in Mr. Ukeiley's letter include
PM2.5 increment requirements that meet the federal
requirements. Six of these air districts (Eastern Kern, Imperial
County, Placer County, Sacramento Metro, San Joaquin Valley, and Yolo-
Solano) incorporate the applicable federal regulations by reference and
the date of such incorporation was after the effective date of the
PM2.5 increment requirements, thus ensuring their
inclusion.\16\ The remaining air district (Monterey Bay Unified) has a
PSD permit rule that also includes the applicable PM2.5
increment requirements.\17\ Furthermore, EPA has finalized approval of
the PSD permit rules for five additional air districts (Butte County,
Feather River, Great Basin Unified, San Luis Obispo County, and Santa
Barbara County),\18\ each of which includes the applicable
PM2.5 increment requirements. Thus, we are finalizing
approval of California's Infrastructure SIP Submittals for the PSD-
related elements for these 12 air districts.
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    \16\ The federal requirements for PSD increments for
PM2.5 became effective October 20, 2010 and thus air
district PSD programs that incorporated the federal regulations by
reference after this date include the applicable PSD increment
requirements for PM2.5. The adoption and SIP-approval
dates of the SIP-approved PSD permit rules for five of these air
districts are as follows: Eastern Kern (Rule 210.4, adopted January
12, 2012), Imperial County (Rule 904, adopted December 20, 2011),
Placer County (Rule 518, adopted February 10, 2011), and Yolo-Solano
(Rule 3.24 adopted June 13, 2012), which were each SIP-approved on
December 10, 2012 (77 FR 7331); and Sacramento Metro (Rule 203,
adopted January 27, 2011), which was SIP-approved on August 29, 2013
(78 FR 53271). San Joaquin Valley APCD's Rule 2410 (adopted June 16,
2011) was approved into the California SIP on October 26, 2012 (77
FR 65305), and similarly includes the applicable PSD increment
requirements for PM2.5. However, San Joaquin Valley is
currently designated nonattainment for both the 1997, 2006, and 2012
PM2.5 NAAQS. Therefore, the SIP-approved PSD program does
not apply to PM2.5 emissions from new or modified major
stationary sources.
    \17\ Monterey Bay Unified APCD Rule 207 (adopted April 20,
2011), which was SIP-approved on March 26, 2015 (80 FR 15899).
    \18\ 80 FR 69880, November 12, 2015.
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    With respect to SILs for PM2.5, on January 22, 2013, at
EPA's request, the U.S. Court of Appeals for the District of Columbia
vacated and remanded

portions of EPA's significant impact levels (SILs) requirements for
PM2.5.\19\ Later that year EPA removed the vacated portion
of the SILs requirements from 40 CFR 51.166(k)(2) and 40 CFR
52.21(k)(2).\20\ However, several SIP-approved PSD rules in California
still include the vacated PM2.5 SILs provisions.
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    \19\ Sierra Club v. EPA, 705 F.3d 458, 463-464 (D.C. Cir. 2013).
    \20\ 78 FR 73698, December 9, 2013.
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    Specifically, six of the 12 air districts in California with SIP-
approved PSD permit rules include PM2.5 SILs provisions,
including Eastern Kern, Feather River, Imperial County, Placer County,
Sacramento Metro, and San Joaquin Valley. Given the clarity of the
Court's decision and EPA's removal of the vacated portion of the SILs
requirements from 40 CFR 51.166(k)(2), it would now be inappropriate
for any pending or proposed permits in these districts to rely on the
PM2.5 SILs provision in their rules as an absolute ``safe
harbor'' when a substantial portion of the PM2.5 NAAQS or
increment is known to be consumed.\21\ However, as we previously stated
following the Court's decision, EPA does not interpret the Court's
decision to preclude the use of SILs for PM2.5 entirely.\22\
Permitting authorities should consult with the EPA before using any of
the SIL values in the EPA's regulations for this purpose (including the
PM2.5 SIL value in section 51.165(b)(2), which was not
vacated by the Court).
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    \21\ Five of the applicable districts (Eastern Kern, Feather
River, Imperial County, Placer County, and Sacramento Metro) have
provided letters to EPA indicating that they will implement their
PSD rules consistent with this approach and EPA's Guidance for
PM2.5 Permit Modeling. See Memorandum from Stephen D.
Page, Director, OAQPS, ``Guidance for PM2.5 Permit
Modeling,'' May 20, 2014. For four of these districts, these letters
are available in the dockets of the rulemakings on the districts'
PSD rules: For Eastern Kern, Imperial County, and Placer County, see
77 FR 73316, December 10, 2012; and for Feather River, see 80 FR
69880, November 12, 2015. For Sacramento Metro, a copy of the
district's letter dated October 1, 2015 is included in the docket to
this final rule. For the San Joaquin Valley, the area is currently
designated nonattainment for the 1997, 2006, and 2012
PM2.5 NAAQS and, therefore, San Joaquin Valley APCD's
SIP-approved PSD permit rule does not apply to PM2.5
emissions from new or modified major stationary sources.
    \22\ U.S. EPA, Office of Air Quality Planning and Standards,
``Circuit Court Decision on PM2.5 Significant Impact
Levels and Significant Monitoring Concentration, Questions and
Answers,'' March 4, 2013, pp. 3-4.
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    EPA has advised the districts with PM2.5 SILs that the
Court determined to be invalid to begin preparations to remove those
provisions as soon as feasible, which may be in conjunction with the
next otherwise planned SIP revision. EPA has informed these districts
that new permits issued solely on the basis of these SILs provisions
are inconsistent with the Clean Air Act and may be difficult to defend
in administrative and judicial challenges as they are without legal
effect. However, as the previously approved PM2.5 SILs
provisions in the California SIP are no longer enforceable, EPA does
not believe the existence of the provisions in the State's
implementation plan precludes today's approval of the infrastructure
SIP submissions as they relate to the PSD-related elements for these
six districts for the 1997 PM2.5, 2006 PM2.5, and
2012 PM2.5 NAAQS.
    The PSD permit rules for the remaining six air districts (Butte
County, Great Basin Unified, Monterey Bay Unified, San Luis Obispo
County, Santa Barbara County, and Yolo-Solano) do not include any
PM2.5 SILs provision. Accordingly, we are finalizing
approval of California's Infrastructure SIP Submittals for the PSD-
related elements for all 12 air districts with SIP-approved PSD
programs.
    Comment #2:
    Mojave Desert Air Quality Management District (AQMD) commented that
EPA was incorrect in stating that the district's minor NSR program had
not been approved into the California SIP.\23\ The comment letter
states that district Rules 1300, 201, and 219 cover preconstruction
review of any equipment that emits air contaminants (and which is not
exempt from permitting requirements) and that these rules have been
approved into the California SIP. Accordingly, the district requested
to be removed from the list of air districts that lack SIP-approved
minor NSR programs.
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    \23\ Letter from Karen Nowak, District Counsel, Mojave Desert
AQMD, to Rory Mays, U.S. EPA Region IX, November 20, 2014.
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    Response to Comment #2:
    EPA agrees that Mojave Desert AQMD indeed has a minor NSR program
in the California SIP that is sufficient to approve California's
Infrastructure SIP Submittals consistent with the requirement of
section 110(a)(2)(C) that the SIP include a program for the regulation
of minor sources, though with one clarification.
    In reviewing the minor NSR permit programs of California's 35 air
districts, EPA generally relied on permit programs that applied to the
whole air district. However, in some cases we found that air districts
with two or more counties had county-based minor NSR programs that had
been approved into the California SIP and applied to the NAAQS
addressed by this rulemaking. For example, for Feather River AQMD we
found that minor NSR rules for each of the two counties in the air
district, Yuba and Sutter counties, had been approved into the
California SIP and covered the NAAQS addressed by our rulemaking.\24\
On that basis, we proposed to partially approve California's
infrastructure SIP Submittals with respect to this minor NSR
requirement.
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    \24\ Permit Programs TSD, Appendix D (``California Minor NSR
Permit Programs'').
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    We inadvertently missed identifying the county-based minor NSR
programs that have been approved into the California SIP for the
portions of the two counties (San Bernardino and Riverside counties)
that are within the jurisdiction of Mojave Desert AQMD. Specifically,
EPA previously approved each county's Rule 201,\25\ which require
permits for all equipment that may emit air contaminants, and each
county's Rule 102,\26\ which define the term ``air contaminants,'' into
the California SIP. Rule 1300, which is a district-based, rather than
county-based, rule, contains additional requirements for the district's
minor NSR program.\27\ These rules are sufficient to address the
requirement of section 110(a)(2)(C) that the SIP include a program for
the regulation of minor sources.
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    \25\ 43 FR 52237, November 9, 1978.
    \26\ 55 FR 49281, November 27, 1990 for San Bernardino County
and 43 FR 59489, December 21, 1978 for Riverside County.
    \27\ 61 FR 58133, November 13, 1996.
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    Thus, while Mojave Desert AQMD is correct that the district has
sufficient minor NSR permit rules in the California SIP for purposes of
CAA section 110(a)(2)(C), it is on the basis of the SIP-approved
county-based Rules 102 and 201 that we remove Mojave Desert AQMD from
the list of air districts that lack SIP-approved minor NSR programs.
Please refer to section III of this final rule where we finalize this
minor change from our proposed partial disapproval for Mojave Desert
AQMD.\28\
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    \28\ Additionally, Mojave Desert AQMD's letter led us to
reexamine the SIP status of minor source permit rules for the other
four air districts that we proposed to partially disapprove for
section 110(a)(2)(C). Our evaluation of the minor source programs
for these four districts is discussed further in section III of this
final rule.
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    Comment #3:
    Northern Sonoma County Air Pollution Control District (APCD) states
that its Board of Directors revised four regulations implementing the
district's PSD program, for submittal through ARB as revisions to the
California SIP, and that those revisions address the deficiencies
identified in EPA's proposed rule.\29\ Therefore, the district

requested that EPA approve such PSD submittal and approve, rather than
partially disapprove, Northern Sonoma County APCD with respect to the
PSD-related infrastructure SIP requirements.
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    \29\ Letter from Barbara Lee, Air Pollution Control Officer,
Northern Sonoma County APCD to Deborah Jordan, Director, Air
Division, U.S. EPA Region IX, November 24, 2014.
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    Response to Comment #3:
    EPA received Northern Sonoma County APCD's PSD program SIP revision
on December 11, 2014 and it became complete by operation of law on June
11, 2015. While we have begun our review of that SIP submittal, we have
not yet issued any proposed or final rulemaking on the submittal. We
anticipate proposing and finalizing action on that SIP submittal over
the coming months, per the CAA section 110(k)(2) deadline for EPA to
take final action within 12 months of a completeness determination. To
the extent that the district's PSD SIP revision resolves the deficiency
identified in our proposed rule on California's Infrastructure SIP
Submittals (i.e., requirements for a baseline date for PSD increments
for PM2.5), we would accordingly update the California SIP
with respect to the PSD-related requirements of CAA section 110(a)(2)
for Northern Sonoma County APCD.

III. Final Action

    Under CAA section 110(k)(3), and based on the evaluation and
rationale presented in the proposed rule, the related TSDs, and this
final rule, EPA is approving in part and disapproving in part
California's Infrastructure SIP Submittals for the 1997 ozone, 2008
ozone, 1997 PM2.5, 2006 PM2.5, 2012
PM2.5, 2008 Pb, 2010 NO2, and 2010 SO2
NAAQS. In the following subsections, we list the elements for which we
are finalizing approval or disapproval and provide a summary of the
basis for those elements that are partially disapproved. We also
describe the consequences of our disapprovals.

A. Approvals and Partial Approvals

    Based upon our evaluation, as presented in our proposed rule and
our five TSDs, and additional information discussed below, EPA approves
California's Infrastructure SIP Submittals with respect to the 1997
ozone, 2008 ozone, 1997 PM2.5, 2006 PM2.5, 2012
PM2.5, 2008 Pb, 2010 NO2, and 2010 SO2
NAAQS for the following infrastructure SIP requirements. Partial
approvals are indicated by the parenthetical ``(in part).''
     Section 110(a)(2)(A): Emission limits and other control
measures.
     Section 110(a)(2)(B) (in part): Ambient air quality
monitoring/data system.
     Section 110(a)(2)(C) (in part): Program for enforcement of
control measures and regulation of new and modified stationary sources.
     Section 110(a)(2)(D)(i) (in part): Interstate pollution
transport.\30\
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    \30\ As noted in section I of this final rule, California has
not made a submittal for the interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) for the 2006 PM2.5, 2012
PM2.5, 2008 ozone, and 2010 SO2 NAAQS. Thus we
are not taking any action with respect to the requirements of
section 110(a)(2)(D)(i)(I) with respect to these four NAAQS in this
final rule.
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     Section 110(a)(2)(D)(ii) (in part): Interstate pollution
abatement and international air pollution.
     Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local and regional government
agencies.
     Section 110(a)(2)(F): Stationary source monitoring and
reporting.
     Section 110(a)(2)(G) (in part): Emergency episodes.
     Section 110(a)(2)(H): SIP revisions.
     Section 110(a)(2)(J) (in part): Consultation with
government officials, public notification, PSD, and visibility
protection.
     Section 110(a)(2)(K): Air quality modeling and submittal
of modeling data.
     Section 110(a)(2)(L): Permitting fees.
     Section 110(a)(2)(M): Consultation/participation by
affected local entities.
i. Approval of State and Local Provisions Into the California SIP
    As part of these approvals, we also approve several state statutes
and regulations and one air district rule into the California SIP.
Specifically, for all of the NAAQS addressed in this proposal, we
approve into the SIP five state provisions from the California
Government Code statutes and California Code of Regulations, which were
submitted in California's 2014 Submittal and address the conflict of
interest requirements of CAA sections 110(a)(2)(E)(ii) and 128. These
provisions include California Government Code, Title 9, Sections 82048,
87103, and 87302, and California Code of Regulations, Title 2, Sections
18700 and 18701. For discussion of these conflict of interest
provisions, please see our Conflict of Interest TSD.
    We also approve Great Basin Unified Air Pollution Control District
(APCD) Rule 701 into the California SIP with respect to the 1987
PM10, 1997 PM2.5, 2006 PM2.5, and 2012
PM2.5 NAAQS for the emergency episode planning requirements
of CAA section 110(a)(2)(G) and 40 CFR part 51, subpart H. For our
evaluation of this emergency episode rule, please refer to our
Emergency Episode Planning TSD.
ii. Approval of Reclassification Requests for Emergency Episode
Planning
    California's 2012 and 2014 Submittals requested that EPA reclassify
several air quality control regions (AQCRs) with respect to the
emergency episode planning requirements of CAA section 110(a)(2)(G) and
40 CFR part 51, subpart H, as applicable to ozone, NO2, and
SO2. In our proposed rule, we stated that the authority to
take final action to reclassify AQCRs is reserved by the EPA
Administrator. That conclusion was based upon prior examples from 1980
and 1981 where the Administrator reclassified certain AQCRs in Arizona,
California, and Nevada \31\ and upon our initial review of EPA's
Delegations Manual.\32\ However, we have since reviewed the earlier
versions of EPA's regulations that gave rise to the emergency episode
regulations in 40 CFR part 51, subpart H,\33\ and re-reviewed the
Delegations Manual. In particular, Delegation 7-10 (``Approval/
Disapproval of State Implementation Plans'') was established in 1989
and grants Regional Administrators the authority to ``propose or take
final action on any State implementation plan under Section 110 of the
Clean Air Act.'' In the context of EPA acting on emergency episode SIP
revisions, whether as part of an infrastructure SIP revision or an
independent SIP revision, consistent with CAA section 110(a)(2)(G)
(i.e., part of section 110 of the CAA), and our implementing
regulations at 40 CFR part 51, subpart H, whose requirements are
dependent upon AQCR classification, we find that

EPA's Regional Administrators indeed have authority to reclassify AQCRs
for purposes of emergency episode planning.
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    \31\ See 45 FR 67345, October 10, 1980 for Arizona; 46 FR 3883,
January 16, 1981 for California; and 45 FR 7544, February 4, 1980
for Nevada.
    \32\ EPA's Delegations Manual, Chapter 7 (``Clean Air Act''),
available at: http://intranet.epa.gov/ohr/rmpolicy/ads/dm/index7.htm.
    \33\ See the 1983 versions of 40 CFR 51.3 (``Classification of
regions'') and 40 CFR 51.16 (``Prevention of air pollution emergency
episodes''), which refer to CAA sections 110, 301(a), 313, and 319
as the statutory basis for such regulations. (By contrast, 40 CFR
part 51, subpart H does not have statutory citations.) Section
301(a) grants the Administrator authority to prescribe regulations
necessary to carry out the CAA, which, as applied here, refers to
the emergency episode requirements of section 110(a)(2)(G). Section
301(a) also limits the Administrator's ability to delegate authority
regarding rules that are required to be promulgated under the
procedures of section 307(d). Since classifications are not among
the procedures of section 307(d)(1), there is no restriction on the
Administrator's authority to delegate decision-making on area
classification, such as those for emergency episode planning.
---------------------------------------------------------------------------

    Accordingly, on the basis of California's ambient air quality data
for 2011-2013 and the evaluation presented in our proposed rule and
Emergency Episode Planning TSD, we hereby grant five of California's
ten requests, and deny the five remaining requests, to reclassify AQCRs
for emergency episode planning purposes for ozone, NO2, and
SO2. We also are reclassifying two AQCRs for PM as part of
our evaluation of the State's emergency episode planning for the
PM2.5 NAAQS.
    For ozone, we reclassify two AQCRs, Lake Tahoe and North Central
Coast, to Priority III. We deny the State's reclassification requests
for ozone for five AQCRs, including Mountain Counties, Sacramento
Valley, San Diego, San Francisco Bay Area, and Southeast Desert. As a
result, upon the effective date of this final rule, California will
have seven Priority I AQCRs for ozone, including the five for which we
deny California's reclassification request and two others (Metropolitan
Los Angeles and San Joaquin Valley AQCRs). California's applicable air
districts have adequate emergency episode contingency plans for ozone
for six of these seven Priority I areas, including Metropolitan Los
Angeles, Sacramento Valley, San Diego, San Francisco Bay Area, San
Joaquin Valley, and Southeast Desert AQCRs. Therefore, we partially
approve California's 2007 and 2014 Submittals with respect to the 1997
ozone and 2008 ozone NAAQS for the emergency episode planning
requirements of CAA section 110(a)(2)(G). Please see section III.B.iii
of this final rule for our partial disapproval of these submittals with
respect to the Mountain Counties AQCR.
    For NO2, we reclassify the Metropolitan Los Angeles AQCR
to Priority III. As a result, upon the effective date of this final
rule, the whole state will be classified Priority III for
NO2, and therefore no emergency episode contingency plan for
NO2 will be required for any of the state's 14 AQCRs.
Accordingly, we approve California's 2012 and 2014 Submittals with
respect to the 2010 NO2 NAAQS for the emergency episode
planning requirements of CAA section 110(a)(2)(G).
    For SO2, we reclassify the Metropolitan Los Angeles and
San Francisco Bay Area AQCRs to Priority III. As a result, upon the
effective date of this final rule, the whole state will be classified
Priority III for SO2, and therefore no emergency episode
contingency plan for SO2 will be required for any of the
state's 14 AQCRs. Thus, we approve California's 2014 Submittal with
respect to the 2010 SO2 NAAQS for the emergency episode
planning requirements of CAA section 110(a)(2)(G).
    For PM, we identified two areas where concentrations exceeded EPA's
recommended 24-hour PM2.5 threshold of 140.4 [micro]g/m\3\
for emergency episode planning: \34\ Great Basin Valley AQCR and San
Joaquin Valley AQCR. For these two areas, we also reviewed the 24-hour
PM10 air quality data to determine the appropriate emergency
episode classification under 40 CFR 51.150. Accordingly, for PM, we
reclassify Great Basin Valley AQCR to Priority I and San Joaquin Valley
AQCR to Priority II. As discussed in section III.A.i of this final
rule, we are approving Great Basin Unified APCD Rule 701 into the
California SIP and, as such, Great Basin Unified APCD has an adequate
emergency episode contingency plan for PM. Therefore, we partially
approve California's 2007 and 2014 Submittals with respect to the 1997
PM2.5, 2006 PM2.5, and 2012 PM2.5
NAAQS for the emergency episode planning requirements of CAA section
110(a)(2)(G). Please see section III.B.iii of this final rule for our
partial disapproval of these submittals with respect to the San Joaquin
Valley AQCR.
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    \34\ See Memorandum from William T. Harnett, Director, Air
Quality Policy Division, OAQPS, ``Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine
Particulate Matter National Ambient Air Quality Standards,''
September 25, 2009, pp. 6-7 and Attachment B (``Recommended Interim
Significant Harm Level, Priority Levels, and Action Levels for
PM2.5 Emergency Episode Plans (EEPs)'').
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iii. Approval of CAA Section 110(a)(2)(C) for Minor NSR
    EPA previously proposed to partially disapprove five of
California's 35 air districts for CAA section 110(a)(2)(C) with respect
to minor NSR on the basis that they each lacked permit rules for minor
sources in the California SIP.\35\ Upon further review of the
California SIP and comments received during the public comment period,
EPA has found that each of these air districts does, in fact, have
permit rules for minor sources in the California SIP that cover all
NAAQS, as discussed below.
---------------------------------------------------------------------------

    \35\ 79 FR 63350 at 63359, October 23, 2014, and our Permit
Programs TSD, pp. 8-10.
---------------------------------------------------------------------------

    As noted in Mojave Desert AQMD's comment letter, Mojave Desert AQMD
has county-based minor NSR rules in the California SIP for each of its
two counties (San Bernardino and Riverside counties), which we
inadvertently missed during our original evaluation of the California
Infrastructure SIP Submittals.\36\ This also led us to reexamine the
SIP status of minor source permit rules for the other four air
districts that we had proposed to partially disapprove for section
110(a)(2)(C), including Lake County, Mariposa County, Northern Sierra
(Plumas and Sierra counties, only),\37\ and Tuolumne County. This
reexamination involved reviewing the original copies of California's
SIP submittals dated February 22, 1972 and June 30, 1972; EPA's
approval of these submittals, as codified at 40 CFR 52.220 (b) and
(c)(6); a copy of the California SIP as it existed in August 1978;
subsequent EPA rulemakings that revised the California SIP; and other
historic records as they pertain to these four air districts.\38\
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    \36\ See section II of this final rule.
    \37\ Note that we had proposed to partially disapprove Northern
Sierra AQMD for Plumas and Sierra counties only, since we had
already identified Nevada County as having a SIP-approved minor NSR
program. See 79 FR 63350 at 63359, footnote 35, October 23, 2014 and
our Permit Programs TSD, footnote 34, p. 9.
    \38\ See Memorandum from Laura Yannayon, EPA Region IX to R.
Mays, EPA Region IX, ``Investigation of Approved SIP Contents for
Lake, Tuolumne, Mariposa, Plumas and Sierra Counties, related to
minor source permit programs,'' October 30, 2015. This memorandum,
as well as short narratives on each of the five counties, are
included in the docket to this final rule.
---------------------------------------------------------------------------

    We determined that, for each of the five remaining counties (Lake,
Mariposa, Plumas, Sierra, and Tuolumne counties) in these four
districts, the county-based rules that constitute each county's minor
source permit program were approved into the California SIP \39\ and
have never been removed or replaced. These minor source permit programs
require minor sources to obtain an Authority to Construct permit prior
to construction and cover all NAAQS through a broad definition of the
term ``air contaminants'' that includes all NAAQS and their precursors.
Since the basis of our proposed partial disapproval is no longer
applicable (i.e., lack of a SIP-approved permit program for minor
sources) and as these districts now meet the same test used to propose
approval for other districts (i.e., having such a program in the SIP
that applies to all NAAQS addressed by this final rule), we are
finalizing approval for these five additional districts, including Lake
County, Mariposa County, Mojave Desert, Northern Sierra, and Tuolumne
County, as meeting the requirements of

CAA sections 110(a)(2)(C) with respect to minor NSR.
---------------------------------------------------------------------------

    \39\ 37 FR 10842, May 31, 1972 and 37 FR 19812, September 22,
1972.
---------------------------------------------------------------------------

    In sum, all 35 air districts in California have minor NSR permit
programs in the California SIP that cover all NAAQS. Notwithstanding
this approval, to the extent that air districts have revised their
permit rules for minor sources and such revisions are not yet reflected
in the California SIP, we recommend that such districts work with ARB
to submit SIP revisions to revise the California SIP.

B. Partial Disapprovals

    EPA partially disapproves California's Infrastructure SIP
Submittals with respect to the NAAQS identified for each of the
following infrastructure SIP requirements (details of the partial
disapprovals are presented after this list):
     Section 110(a)(2)(B) (in part): Ambient air quality
monitoring/data system (for the 1997 ozone and 2008 ozone NAAQS for the
Bakersfield Metropolitan Statistical Area (MSA) in San Joaquin Valley
APCD).
     Section 110(a)(2)(C) (in part): Program for enforcement of
control measures and regulation of new and modified stationary sources
(for all NAAQS addressed by this final rule due to PSD program
deficiencies in certain air districts).
     Section 110(a)(2)(D)(i) (in part): Interstate pollution
transport (for all NAAQS addressed by this final rule due to PSD
program deficiencies in certain air districts).
     Section 110(a)(2)(D)(ii) (in part): Interstate pollution
abatement and international air pollution (for all NAAQS addressed by
this final rule due to PSD program deficiencies in certain air
districts).
     Section 110(a)(2)(G) (in part): Emergency episodes (for
the 1997 ozone and 2008 ozone NAAQS for the Mountain Counties AQCR, and
for the 1997 PM2.5, 2006 PM2.5, and 2012
PM2.5 NAAQS for the San Joaquin Valley AQCR).
     Section 110(a)(2)(J) (in part): Consultation with
government officials, public notification, PSD, and visibility
protection (for all NAAQS addressed by this final rule due to PSD
program deficiencies in certain air districts).
i. Ambient Air Monitoring Partial Disapproval
    We partially disapprove California's 2007 and 2014 Submittals for
CAA section 110(a)(2)(B) with respect to the 1997 ozone and 2008 ozone
NAAQS for the Bakersfield MSA portion of the California SIP because the
ozone monitor located at the Arvin-Bear Mountain Road site, which had
been the maximum ozone concentration monitor in the Bakersfield MSA,
was closed without an approved replacement site. The requirement to
have such a maximum ozone concentration monitor is found in 40 CFR part
51, Appendix D, 4.1(b) and the requirement that modifications to a
monitoring network must be reviewed and approved by the relevant
Regional Administrator is found in 40 CFR 58.14(b).
ii. Permit Program-Related Partial Disapprovals
    We partially disapprove portions of California's Infrastructure SIP
Submittals with respect to the PSD-related requirements of sections
110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for several air districts
because the California SIP does not fully satisfy the statutory and
regulatory requirements for PSD permit programs as to those air
districts.
    With respect to interstate transport requirement of CAA section
110(a)(2)(D)(i)(II), we also considered the status of the nonattainment
NSR programs of the applicable California air districts and hereby
approve California's Infrastructure SIP Submittals for this aspect of
the interstate transport requirements. Lastly, regarding section
110(a)(2)(D)(ii) and compliance with the requirement of section 126(a)
for proposed, major new or modified sources to notify all potentially
affected, nearby states, as applicable, we partially disapprove
California's Infrastructure SIP Submittals for multiple air districts.
We provide a summary of the basis and district-by-district accounting
of our partial disapprovals in the following paragraphs, including
consideration of comments from Northern Sonoma County APCD, and review
of EPA rulemaking on PSD and nonattainment NSR SIP submittals that has
occurred since our proposal on California's Infrastructure SIP
Submittals.
PSD Permit Programs
    We reviewed the permit programs of California's 35 air districts
for SIP-approved provisions to address PSD requirements that we
consider ``structural'' for purposes of sections 110(a)(2)(C),
(D)(i)(II), and (J), including the following requirements that were
most recently added to the federal PSD regulations: Provisions
identifying nitrogen oxides (NOX) as ozone precursors;
provisions to regulate PM2.5, including condensable
PM2.5, PM2.5 precursor emissions, and PSD
increments for PM2.5; and provisions to regulate greenhouse
gases (GHGs). For the PSD requirements for GHGs, we conducted our
evaluation consistent with the recent changes to the application of
such requirements due to the U.S. Supreme Court decision of June 23,
2014, as discussed in section II.D of our proposed rule.\40\
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    \40\ Utility Air Regulatory Group v. Environmental Protection
Agency, 134 S. Ct. 2427. EPA has since amended the federal PSD
program regulations to allow for the rescission of certain PSD
permits issued by EPA and delegated reviewing authorities (e.g.,
California air districts) for purposes of regulating GHGs. See 80 FR
26183, May 7, 2015. Notwithstanding those amendments, PSD programs
must still include provisions to regulate GHGs and such provisions
continue to be relevant to our review of infrastructure SIPs.
---------------------------------------------------------------------------

    We proposed to approve seven air districts as meeting the
structural PSD requirements. Our proposed approval of one of these
seven air districts, Monterey Bay Unified APCD, was contingent on
finalizing approval of the district's PSD SIP revision.\41\ We have
taken final action on that SIP revision, approving provisions into the
California SIP that resolve the deficiencies identified in our proposed
rule.\42\ Thus, we finalize approval of seven districts, including
Eastern Kern, Imperial County, Monterey Bay Unified, Placer County,
Sacramento Metro, San Joaquin Valley, and Yolo-Solano air districts, as
meeting the PSD-related requirements of CAA sections 110(a)(2)(C),
(D)(i)(II), and (J) for all NAAQS addressed by this final rule.
---------------------------------------------------------------------------

    \41\ 79 FR 63350 at 63358, October 23, 2014.
    \42\ 80 FR 15899, March 26, 2015. We finalized a limited
approval and limited disapproval of Monterey Bay Unified APCD's PSD
SIP revision. While not a full approval, that final rule approved
provisions into the California SIP for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, or PSD increments for PM2.5.
---------------------------------------------------------------------------

    In addition, our proposed rule on California's Infrastructure SIP
Submittals identified eight air districts that had submitted PSD SIP
revisions for which EPA had not yet proposed or finalized action.\43\
We proposed to partially disapprove these districts with respect to the
PSD-related requirements of section 110(a)(2)(C), (D)(i)(II), and (J)
since they were subject to the existing PSD FIP at 40 CFR 52.21, rather
than SIP-approved PSD programs. We have since finalized approval of the
PSD SIP revisions of five of those eight districts,\44\ including
provisions addressing the same structural PSD requirements as we relied
on to propose approval for the set of seven districts discussed above.
Since the basis of our proposed partial disapproval is no longer
applicable and as these districts now meet the same test used to
propose approval for other districts, we are finalizing approval for
these five

additional districts, including Butte County, Feather River, Great
Basin Unified, San Luis Obispo County, and Santa Barbara County, as
meeting the PSD-related requirements of CAA sections 110(a)(2)(C),
(D)(i)(II), and (J) for all NAAQS addressed by this final rule. In sum,
12 of California's 35 air districts meet the PSD-related requirements
for these infrastructure SIP elements.
---------------------------------------------------------------------------

    \43\ 79 FR 63350 at 63359, October 23, 2014.
    \44\ 80 FR 69880, November 12, 2015.
---------------------------------------------------------------------------

    Four other air districts, including Mendocino County, North Coast
Unified, Northern Sonoma County, and South Coast air districts,
partially meet and partially do not meet the structural PSD
requirements.
    South Coast AQMD has a SIP-approved PSD program for GHGs only, but
lacks a SIP-approved PSD program to address any other regulated NSR
pollutant. Thus, we partially disapprove California's Infrastructure
SIP Submittals with respect to South Coast AQMD for the PSD-related
requirement of sections 110(a)(2)(C), (D)(i)(II), and (J).\45\
---------------------------------------------------------------------------

    \45\ We note that South Coast AQMD is subject to the PSD FIP in
40 CFR 52.21 for all regulated NSR pollutants except GHGs (see 40
CFR 52.270(b)(10)).
---------------------------------------------------------------------------

    North Coast Unified AQMD has a SIP-approved PSD program that, on
the whole, addresses all regulated NSR pollutants. However, it does not
explicitly regulate NOX as an ozone precursor and does not
include requirements for the regulation of PM2.5,
PM2.5 precursors, condensable PM2.5, or PSD
increments for PM2.5. Therefore, we partially disapprove
California's Infrastructure SIP Submittals with respect to North Coast
Unified AQMD for these specific deficiencies for PSD-related
requirements of section 110(a)(2)(C), (D)(i)(II), and (J).
    Mendocino County AQMD and Northern Sonoma County APCD each have
SIP-approved PSD programs that generally address the structural PSD
requirements, but do not include requirements for a baseline date for
PSD increments for PM2.5. As discussed in section II of this
final rule, Northern Sonoma County APCD has submitted a PSD SIP
revision that is pending rulemaking by EPA within the time afforded by
CAA section 110(k)(2). To the extent that Northern Sonoma County APCD's
PSD SIP revision resolves the deficiency identified in our proposed
rule on California's Infrastructure SIP Submittals (i.e., requirements
for a baseline date for PSD increments for PM2.5), such
requirements have not yet been approved into the California SIP and,
thus, the deficiency remains. Accordingly, we partially disapprove
California's Infrastructure SIP Submittals with respect to Mendocino
County AQMD and Northern Sonoma County APCD for this specific
deficiency in the PSD-related requirements of section 110(a)(2)(C),
(D)(i)(II), and (J).
    The remaining 19 air districts are subject to the existing PSD FIP
in 40 CFR 52.21, including Amador County, Antelope Valley, Bay Area,
Calaveras County, Colusa County, El Dorado County, Glenn County, Lake
County, Lassen County, Mariposa County, Modoc County, Mojave Desert,
Northern Sierra, San Diego County, Shasta County, Siskiyou County,
Tehama County, Tuolumne County, and Ventura County.
    At the time of our proposal on California's Infrastructure SIP
Submittals, three of these districts (Bay Area, San Diego County, and
Ventura County air districts) had submitted PSD SIP revisions for which
EPA had not yet proposed or finalized action. EPA has proposed a
limited approval and limited disapproval of the SIP revision from Bay
Area AQMD, noting that most of the submittal's rules satisfy applicable
requirements under CAA section 110(a)(2)(C) for the regulation of the
modification and construction of stationary sources.\46\ However, as we
have not yet finalized that proposal, the Bay Area AQMD remains subject
to the PSD FIP in 40 CFR 52.21. San Diego County APCD withdrew its PSD
SIP submittal on June 10, 2015, while Ventura County APCD's submittal
is pending EPA rulemaking. These two districts similarly remain subject
to the PSD FIP at this time.
---------------------------------------------------------------------------

    \46\ 80 FR 52236 at 52243, August 28, 2015.
---------------------------------------------------------------------------

    Accordingly, we partially disapprove California's Infrastructure
SIP Submittals as to each of these 19 air districts with respect to the
PSD-related requirements of section 110(a)(2)(C), (D)(i)(II), and (J).
As discussed further in section III.C of this final rule, the partial
disapprovals with respect to these 19 districts would not result in new
FIP obligations, because EPA has already promulgated a PSD FIP for each
district.
Nonattainment NSR Permit Programs
    With respect to interstate transport requirement of CAA section
110(a)(2)(D)(i)(II), in addition to reviewing the air districts' PSD
programs, we also reviewed the nonattainment NSR programs of
California's 22 air districts that are designated nonattainment for
ozone, PM2.5, or Pb, as applicable.\47\ Because the PSD and
nonattainment NSR permitting programs currently applicable in each area
require a demonstration that new or modified sources will not cause or
contribute to air pollution in excess of the NAAQS in neighboring
states or that sources in nonattainment areas procure offsets, states
may satisfy the PSD-related requirement of section 110(a)(2)(D)(i)(II)
by submitting SIPs confirming that major sources and major
modifications in the state are subject to PSD programs that implement
current requirements and nonattainment NSR programs that address the
NAAQS pollutants for which areas of the state that have been designated
nonattainment. We refer to this aspect of section 110(a)(2)(D)(i)(II)
herein as the ``nonattainment NSR element.''
---------------------------------------------------------------------------

    \47\ No area of California has been designated nonattainment for
the 2010 NO2 or 2010 SO2 NAAQS.
---------------------------------------------------------------------------

    We find that California meets the nonattainment NSR element of
section 110(a)(2)(D)(i)(II) through a variety of mechanisms, as
follows. Nine of the 22 air districts with nonattainment areas meet the
nonattainment NSR element via SIP-approved programs, including the
following air districts: Antelope Valley, Eastern Kern, Mojave Desert,
Placer County, San Diego County, and Ventura County (for the 1997 ozone
and 2008 ozone NAAQS); Sacramento Metro and Feather River (for the 1997
ozone, 2008 ozone, and 2006 PM2.5 NAAQS); and San Joaquin
Valley (for the 1997 ozone, 2008 ozone, 1997 PM2.5, and 2006
PM2.5 NAAQS). Since the time of our proposal on California's
Infrastructure SIP Submittals, we finalized approval of South Coast
AQMD's nonattainment NSR SIP revision with respect to the
PM2.5 NAAQS.\48\ As a result, this district implements its
SIP-approved nonattainment NSR program for the portions of the district
that are designated nonattainment for the 1997 ozone, 2008ozone, 1997
PM2.5, 2006 PM2.5, 2012 PM2.5, and
2008 Pb NAAQS. Thus, South Coast AQMD also meets the nonattainment NSR
element via a SIP-approved program.
---------------------------------------------------------------------------

    \48\ 80 FR 24821, May 15, 2015.
---------------------------------------------------------------------------

    An additional eight air districts, which have each been designated
nonattainment for more than one NAAQS, have affirmed that they
implement the interim nonattainment NSR program in 40 CFR part 51,
Appendix S, including the following districts: Calaveras County,
Mariposa County, and Northern Sierra (for the 1997 ozone and 2008 ozone
NAAQS); and Bay Area, Butte County, El Dorado County, Imperial County,
and Yolo-

Solano (for the 1997 ozone, 2008 ozone, and 2006 PM2.5
NAAQS).\49\
---------------------------------------------------------------------------

    \49\ EPA has proposed a limited approval and limited disapproval
of the SIP revision from Bay Area AQMD submitted to address the
outstanding nonattainment NSR requirements. 80 FR 52236, August 28,
2015. However, as we have not yet finalized that proposal, we
continue to rely on the Bay Area AQMD's implementation of 40 CFR
part 51, Appendix S for purposes of the nonattainment NSR element.
---------------------------------------------------------------------------

    Two other districts, Amador County APCD and Tuolumne County APCD,
are designated nonattainment only for the 1997 ozone NAAQS. EPA revoked
that NAAQS as part of the final implementation rule for the 2008 ozone
NAAQS,\50\ which relieves these two air districts of the requirement to
submit nonattainment NSR SIP revisions.\51\
---------------------------------------------------------------------------

    \50\ 80 FR 12264, March 6, 2015.
    \51\ This scenario also applies to the Sutter Buttes area within
Feather River AQMD that is designated nonattainment for the 1997
ozone NAAQS. However, the southern portion of Feather River AQMD is
designated nonattainment for both the 1997 ozone and 2008 ozone
NAAQS. Thus, the requirement for this air district to submit a
nonattainment NSR SIP revision remains, though it no longer applies
to the Sutter Buttes area.
---------------------------------------------------------------------------

    Lastly, portions of San Luis Obispo County APCD and Tehama County
APCD are designated nonattainment only for the 2008 ozone NAAQS. Until
SIP revisions are submitted by these two districts and approved by EPA,
the districts are required to implement 40 CFR part 51, Appendix S for
any new or modified major source emitting an applicable nonattainment
pollutant (i.e., NOX or volatile organic compounds) in the
respective nonattainment areas.\52\
---------------------------------------------------------------------------

    \52\ We note that Tehama County APCD has adopted and transmitted
nonattainment NSR SIP provisions for the 2008 ozone NAAQS to ARB for
submittal to EPA as a SIP revision. See Letter dated September 4,
2015 from Kristin Hall-Stein, Air Pollution Control Officer, Tehama
County APCD to Carol Sutkus, ARB.
---------------------------------------------------------------------------

    In sum, we approve California's Infrastructure SIP Submittals for
the 22 air districts designated nonattainment for ozone,
PM2.5, or Pb (as applicable) with respect to the
nonattainment NSR element of the interstate transport requirement of
section 110(a)(2)(D)(i)(II).
Interstate Pollution Abatement and International Air Pollution
    As described in section IV.B.i of our proposed rule, with respect
to the international pollution abatement requirement in CAA section
110(a)(2)(D)(ii), we noted that EPA has no reason to approve or
disapprove any existing state rules with regard to CAA section 115
since the EPA Administrator has made no formal notification that
emissions originating in California endanger public health or welfare
in a foreign country. With respect to the interstate pollution
abatement requirement in CAA section 110(a)(2)(D)(ii), we evaluated
California's 2014 Submittal only for purposes of compliance with
section 126(a).\53\ Section 126(a) of the Act requires that each SIP
require that proposed, major new or modified sources, which may
significantly contribute to violations of the NAAQS in any air quality
control region in other states, to notify all potentially affected,
nearby states.
---------------------------------------------------------------------------

    \53\ 79 FR 63350 at 63360, October 23, 2014.
---------------------------------------------------------------------------

    We proposed that 10 of California's 35 air districts have SIP-
approved PSD permit programs that require notice to nearby states
consistent with EPA's relevant requirements, and proposed to partially
disapprove the remaining 25 air district with respect to CAA section
110(a)(2)(D)(ii). We have since finalized approval of the PSD SIP
revisions of five additional districts,\54\ including Butte County,
Feather River, Great Basin Unified, San Luis Obispo County, and Santa
Barbara County, which similarly require notice to nearby states
consistent with EPA's relevant requirements. Thus, the basis of our
proposed partial disapproval is no longer applicable with respect to
these five districts and these districts meet the same test used to
propose approval for other districts.
---------------------------------------------------------------------------

    \54\ 80 FR 69880, November 12, 2015.
---------------------------------------------------------------------------

    We therefore approve California's 2014 Submittal for section
110(a)(2)(D)(ii) regarding compliance with the requirements of section
115 for the whole state and with respect to section 126(a) for the
following 15 air districts: Butte County, Eastern Kern, Feather River,
Great Basin Unified, Imperial County, Mendocino County, Monterey Bay
Unified, North Coast Unified, Northern Sonoma County, Placer County,
Sacramento Metro, San Joaquin Valley, San Luis Obispo County, Santa
Barbara County and Yolo-Solano.
    The remaining 20 air districts are deficient with respect to the
PSD requirements in part C, title I of the Act and with respect to the
requirement in CAA section 126(a) regarding notification to affected,
nearby states of major new or modified sources proposing to locate in
these remaining air districts. Therefore, we partially disapprove
California's Infrastructure SIP Submittals for section 110(a)(2)(D)(ii)
regarding compliance with the requirements of section 126(a) for the
following 20 air districts: Amador County, Antelope Valley, Bay Area,
Calaveras County, Colusa County, El Dorado County, Glenn County, Lake
County, Lassen County, Mariposa County, Modoc County, Mojave Desert,
Northern Sierra, San Diego County, Shasta County, Siskiyou County,
South Coast, Tehama County, Tuolumne County, and Ventura County.
iii. Emergency Episode Planning Partial Disapprovals
Mountain Counties AQCR for Ozone
    As described in section III.A.ii of this final rule, we deny
California's request to reclassify the Mountain Counties AQCR to
Priority III for ozone. Of the seven air districts that comprise the
Mountain Counties AQCR, only El Dorado County APCD and Placer County
APCD recorded 1-hour ozone levels above the Priority I ozone threshold
of 0.10 ppm during 2011-2013. We proposed that to satisfy the
requirements of 40 CFR 51.151 for contingency plans for Mountain
Counties AQCR, California needed to provide emergency episode
contingency plans applicable to ozone for El Dorado County APCD and
Placer County APCD. We maintain that position in this final rule. Since
the time of our proposal, Placer County APCD adopted and submitted an
ozone emergency episode contingency plan that we have approved into the
California SIP.\55\ However, El Dorado County APCD still does not have
a SIP-approved ozone emergency episode plan.\56\ Therefore, we
partially disapprove California's 2007 and 2014 Submittals for the
Mountain Counties AQCR (for El Dorado County APCD only) with respect to
the 1997 ozone and 2008 ozone NAAQS for the emergency episode planning
requirements of CAA section 110(a)(2)(G).
---------------------------------------------------------------------------

    \55\ See direct final rule approving Placer County APCD Ozone
Emergency Episode Plan, signed October 26, 2015, which is included
in the docket to this final rule.
    \56\ We note that El Dorado County APCD issued a notice of
public hearing in October 2015 of its proposed ozone emergency
episode plan to be heard at the District's December 1, 2015 board
hearing. This notice is included in the docket to this final rule
and is available at: http://www.edcgov.us/AirQualityManagement.
---------------------------------------------------------------------------

San Joaquin Valley AQCR for PM2.5
    As discussed in section III.A.ii of this final rule, we reclassify
San Joaquin Valley AQCR from Priority I to Priority II for PM emergency
episode planning. However, San Joaquin Valley APCD's SIP-approved
emergency episode plan, which comprises multiple rules under the
district's Regulation 6 (``Air Pollution Emergency Episodes''), still
does not have provisions specific to PM2.5. As such, we
partially disapprove California's 2007 and 2014 Submittals for San
Joaquin Valley AQCR with respect to the 1997 PM2.5, 2006
PM2.5,

and 2012 PM2.5 NAAQS for the emergency episode planning
requirements of CAA section 110(a)(2)(G).
iv. General Note on Disapprovals
    EPA takes a disapproval of a state plan very seriously, as we
believe that it is preferable, and preferred in the provisions of the
Clean Air Act, that these requirements be implemented through state
plans. A state plan need not contain exactly the same provisions that
EPA might require, but EPA must be able to find that the state plan is
consistent with the requirements of the Act. Further, EPA's oversight
role requires that it assure consistent implementation of Clean Air Act
requirements by states across the country, even while acknowledging
that individual decisions from source to source or state to state may
not have identical outcomes. EPA believes these disapprovals are the
only path that is consistent with the Act at this time.

C. Consequences of Proposed Disapprovals

    Under section 179(a) of the CAA, final disapproval of a submittal
that addresses a requirement of part D, title I of the CAA (CAA
sections 171-193) or is required in response to a finding of
substantial inadequacy as described in CAA section 110(k)(5) (SIP Call)
starts a sanctions clock. California's Infrastructure SIP Submittals
were not submitted to meet either of these requirements. Therefore, the
partial disapprovals in this final rule will not trigger mandatory
sanctions under CAA section 179.
    Section 110(c)(1) of the Act provides that EPA must promulgate a
FIP within two years after finding that a state has failed to make a
required submittal or disapproving a SIP submittal in whole or in part,
unless EPA approves a SIP revision correcting the deficiencies within
that two-year period. However, many of these partial disapprovals
finalized by this final rule do not result in new FIP obligations,
either because EPA has already promulgated a FIP to address the
identified deficiency or because a FIP deadline has been triggered by
EPA's disapproval of a prior SIP submittal based on the same identified
deficiency or by a prior finding of failure to submit.
    When preparing our proposed rule, we inadvertently did not consider
existing FIP deadlines that were triggered by prior findings of failure
to submit for the 1997 PM2.5 and 2008 ozone NAAQS in our
description of FIP deadlines that would result from our proposed,
partial disapprovals. In October 2008 EPA found that California's
applicable certification letter had failed to address the emergency
episode planning requirements of section 110(a)(2)(G) for the 1997
PM2.5 NAAQS and established a FIP deadline of November 21,
2010.\57\ In January 2013 EPA found that California had failed to
submit an infrastructure SIP for the requirements of sections
110(a)(2)(A)-(C), (D)(i)(II), (D)(ii), (E)-(H), and (J)-(M) for the
2008 ozone NAAQS and established a FIP deadline of February 14, 2015,
while noting that the findings did not trigger any additional FIP
obligations with respect to the PSD-related and notification-related
requirements of sections 110(a)(2)(C), (D)(i)(II), (D)(ii), or (J) for
portions of California (i.e., air districts) that were already subject
to the PSD FIP in 40 CFR 52.21.\58\
---------------------------------------------------------------------------

    \57\ 73 FR 62902 at 62905, October 22, 2008. Note that we also
found that California had failed to submit SIP revisions for some
air districts addressing the PSD-related requirements of CAA section
110(a)(2)(C) and (J). However, such failure to submit did not
trigger a FIP deadline since those air districts were already
subject to the PSD FIP in 40 CFR 52.21. For the 1997 ozone NAAQS,
EPA found that California had failed to submit SIP revisions for
some air districts addressing the PSD-related requirements of CAA
section 110(a)(2)(C). 73 FR 16205 at 16208, March 27, 2008. However,
similar to EPA's findings on the 1997 PM2.5 NAAQS, such
failure to submit did not trigger a FIP deadline since those air
districts were already subject to the PSD FIP in 40 CFR 52.21.
    \58\ 78 FR 2882 at 2889, January 15, 2013. Note that we did not
make completeness findings or findings of failure to submit with
respect to CAA sections 110(a)(2)(C) (to the extent it refers to
permit programs required under part D of title I of the CAA
(nonattainment NSR)), section 110(a)(2)(D)(i)(I) (pertaining to two
of several interstate transport requirements), or section
110(a)(2)(I), (pertaining to the nonattainment planning).
---------------------------------------------------------------------------

    For the most part, the approval actions taken in this final rule
obviate the basis of the FIP obligations established by EPA's findings
of failure to submit discussed above. The remaining FIP obligations
stemming from these findings are relevant with respect to outstanding
deficiencies for ozone related to ambient monitoring and emergency
episode planning, and an outstanding deficiency for PM2.5
related to emergency episode planning.
    Accordingly, we describe the consequences of our partial
disapprovals first for those where a FIP is already in place, then for
those that have FIP obligations that are overdue, and finally for those
that establish new FIP obligations.
    The provisions for which our partial disapprovals do not result in
a new FIP obligation include:
     PSD-related requirements in sections 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J) in the 19 air districts identified in
section III.B.ii of this final rule, which are subject to the PSD FIP
in 40 CFR 52.21 for the NAAQS and GHGs (see 40 CFR 52.270).
     PSD-related requirements in sections 110(a)(2)(C),
(D)(i)(II), (D)(ii), and (J) in South Coast AQMD, which is subject to
the PSD FIP in 40 CFR 52.21 for all regulated NSR pollutants except
GHGs (see 40 CFR 52.270(b)(10)).
     PSD requirement in sections 110(a)(2)(C), (D)(i)(II), and
(J) to regulate NOX as an ozone precursor in North Coast
Unified AQMD, which is subject to a narrow PSD FIP addressing this
requirement (codified at 40 CFR 52.270(b)(2)(iv)).\59\
---------------------------------------------------------------------------

    \59\ 76 FR 48006, August 8, 2011.
---------------------------------------------------------------------------

     PSD requirement in sections 110(a)(2)(C), (D)(i)(II), and
(J) to regulate PSD increments in North Coast Unified AQMD, for which
EPA issued a finding of failure to submit that triggered an October 6,
2016 deadline for EPA to promulgate a FIP addressing this
requirement.\60\
---------------------------------------------------------------------------

    \60\ 79 FR 51913, September 2, 2014.
---------------------------------------------------------------------------

    The provisions for which our FIP obligation is overdue include:
     Ambient air monitoring requirement in section 110(a)(2)(B)
with respect to the 2008 ozone NAAQS in the Bakersfield MSA, whose FIP
deadline expired on February 14, 2015.
     Emergency episode planning requirement in section
110(a)(2)(G) with respect to the 2008 ozone NAAQS in the Mountain
Counties AQCR (for El Dorado County APCD only), whose FIP deadline
expired on February 14, 2015.
     Emergency episode planning requirement in section
110(a)(2)(G) with respect to the 1997 PM2.5 NAAQS in the San
Joaquin Valley AQCR, whose FIP deadline expired on November 21, 2010.
    For the remaining partial disapprovals, EPA has not previously
promulgated a FIP to address the identified deficiency or triggered a
FIP deadline by disapproving a prior SIP submittal or issuing a finding
of failure to submit based on the same deficiency. Thus, under CAA
section 110(c)(1), these remaining partial disapprovals of California's
Infrastructure SIP Submittals require EPA to promulgate a FIP within
two years after the effective date of this final rule, unless the State
submits and EPA approves a SIP revision that corrects the identified
deficiencies prior to the expiration of this two-year period. The
provisions for which our partial disapprovals trigger a new FIP
obligation include:
     Ambient air monitoring requirement in section 110(a)(2)(B)
with respect to the 1997 ozone NAAQS in the Bakersfield MSA.

     PSD requirements in sections 110(a)(2)(C), (D)(i)(II), and
(J) to regulate PM2.5, PM2.5 precursors, and
condensable PM2.5 in North Coast Unified AQMD.
     PSD requirement in sections 110(a)(2)(C), (D)(i)(II), and
(J) for a baseline date for PSD increments for PM2.5 in
Mendocino County APCD and Northern Sonoma County APCD.
     Emergency episode planning requirement in section
110(a)(2)(G) with respect to the 1997 ozone NAAQS in the Mountain
Counties AQCR (for El Dorado County APCD only).
     Emergency episode planning requirement in section
110(a)(2)(G) with respect to the 2006 PM2.5 and 2012
PM2.5 NAAQS in the San Joaquin Valley AQCR.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of five state
provisions from the California Government Code statutes and California
Code of Regulations for the conflict of interest requirements of CAA
sections 110(a)(2)(E)(ii) and 128. These provisions include California
Government Code, Title 9, Sections 82048 (last amended in 2004), 87103
(last amended in 2000), and 87302 (last amended in 1992), and
California Code of Regulations, Title 2, Sections 18700 (last amendment
filed on December 20, 2005) and 18701 (last amendment filed on December
29, 2005). Similarly, EPA is also finalizing the incorporation by
reference of Great Basin Unified Air Pollution Control District (APCD)
Rule 701, adopted on March 3, 2014, with respect to the 1987
p.m.10, 1997 PM2.5, 2006 PM2.5, and
2012 PM2.5 NAAQS for the emergency episode planning
requirements of CAA section 110(a)(2)(G) and 40 CFR part 51, subpart H.
The incorporation by reference of the five state provisions and the one
Great Basin Unified APCD provision are described in the amendments to
40 CFR part 52 set forth below. The EPA has made, and will continue to
make, these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this partial approval and partial disapproval of SIP revisions
under CAA section 110 will not in-and-of itself create any new
information collection burdens but simply approves certain State
requirements, and disapproves certain other State requirements, for
inclusion into the SIP. Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. For purposes of assessing the impacts of today's rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant impact
on a substantial number of small entities. This rule does not impose
any requirements or create impacts on small entities. This partial SIP
approval and partial SIP disapproval under CAA section 110 will not in-
and-of itself create any new requirements but simply approves certain
State requirements, and disapproves certain other State requirements,
for inclusion into the SIP. Accordingly, it affords no opportunity for
EPA to fashion for small entities less burdensome compliance or
reporting requirements or timetables or exemptions from all or part of
the rule. Therefore, this action will not have a significant economic
impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. EPA has determined that the partial approval and partial
disapproval action does not include a Federal mandate that may result
in estimated costs of $100 million or more to either State, local, or
tribal governments in the aggregate, or to the private sector. This
action approves certain pre-existing requirements, and disapproves
certain other pre-existing requirements, under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, because it merely approves certain
State requirements, and disapproves certain other State requirements,
for inclusion into the SIP and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, Executive Order 13132 does not apply to this action.

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 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.''
This final rule does not have tribal implications, as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes. In addition, the SIP
is not approved to apply on any Indian reservation land or in any other
area where EPA or an Indian tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian country, the rule does not have
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law. Thus, Executive Order 13175
does not apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it is not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997). This partial approval and partial disapproval
under CAA section 110 will not in-and-of itself create any new
regulations but simply approves certain State requirements, and
disapproves certain other State requirements, for inclusion into the
SIP.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule 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

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    EPA believes that this action is not subject to requirements of
Section 12(d) of NTTAA because application of those requirements would
be inconsistent with the Clean Air Act.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Population

    Executive Order (EO) 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.
    EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

K. Congressional Review Act

    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 rule 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). This rule will be effective on May 2, 2016.

L. Petitions for Judicial Review

    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 May 31, 2016. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, and
Sulfur dioxide.

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

    Dated: November 24, 2015.
Jared Blumenfeld,
Regional Administrator, U.S. EPA, Region IX.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(386)(ii)(A)(5),
(c)(466), (467), (468), and (469) to read as follows:

Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (386) * * *
    (ii) * * *
    (A) * * *
    (5) ``110(a)(2) Infrastructure SIP,'' submitted as Appendix B to
the 2007 State Strategy, and ``Legal Authority and Other
Requirements,'' submitted as Appendix G to the 2007 State Strategy
(collectively, ``2007 Infrastructure SIP'').
* * * * *
    (466) The following plan was submitted on October 6, 2011, by the
Governor's Designee.
    (i) [Reserved].
    (ii) Additional materials.
    (A) California Air Resources Board (CARB).
    (1) CARB Resolution 11-28, dated September 22, 2011, adopting the
``Proposed State Implementation Plan Revision for Federal Lead Standard
Infrastructure Requirements.''
    (2) ``Proposed State Implementation Plan Revision for Federal Lead
Standard

Infrastructure Requirements,'' (``2011 Pb Infrastructure SIP'').
    (467) The following plan was submitted on December 12, 2012, by the
Governor's Designee.
    (i) [Reserved].
    (ii) Additional materials.
    (A) California Air Resources Board (CARB).
    (1) CARB Resolution 12-32, dated November 15, 2012, adopting the
``Proposed State Implementation Plan Revision for Federal Nitrogen
Dioxide Standard Infrastructure Requirements.''
    (2) ``Proposed State Implementation Plan Revision for Federal
Nitrogen Dioxide Standard Infrastructure Requirements,'' (``2012
NO2 Infrastructure SIP'').
    (468) The following plan was submitted on March 6, 2014, by the
Governor's Designee.
    (i) Incorporation by Reference.
    (A) California Air Resources Board
    (1) California Government Code, Title 9 (Political Reform), Chapter
2 (Definitions), Section 82048, ``Public official,'' added by
California Initiative Measure approved on June 4, 1974, effective
January 7, 1975, and last amended in 2004.
    (2) California Government Code, Title 9 (Political Reform), Chapter
7 (Conflicts of Interest), Article 1 (General Prohibition), Section
87103, ``Financial interest in decision by public official,'' added by
California Initiative Measure approved on June 4, 1974, effective
January 7, 1975, and last amended in 2000.
    (3) California Government Code, Title 9 (Political Reform), Chapter
7 (Conflicts of Interest), Article 3 (Conflict of Interest Codes),
Section 87302, ``Required provisions; exemptions,'' added by California
Initiative Measure approved on June 4, 1974, effective January 7, 1975,
and last amended in 1992.
    (4) Title 2, California Code of Regulations, Division 6 (Fair
Political Practices Commission), Chapter 7 (Conflict of Interest),
Article 1 (Conflicts of Interest; General Prohibition), Section 18700,
``Basic Rule and Guide to Conflict of Interest Regulations'' (filed on
December 17, 1976, effective upon filing, and last amendment filed on
December 20, 2005, operative January 19, 2006).
    (5) Title 2, California Code of Regulations, Division 6 (Fair
Political Practices Commission), Chapter 7 (Conflict of Interest),
Article 1 (Conflicts of Interest; General Prohibition), Section 18701,
``Definitions: Source of Income, Commission Income and Incentive
Income'' (filed on January 22, 1976, effective February 21, 1976, and
last amendment filed on December 29, 2005, operative January 28, 2006).
    (ii) Additional materials.
    (A) California Air Resources Board (CARB).
    (1) CARB Resolution 14-1, dated January 23, 2014, adopting the
``California Infrastructure SIP.''
    (2) ``California Infrastructure SIP,'' (``2014 Multi-pollutant
Infrastructure SIP'').
    (469) The following plan was submitted on June 2, 2014, by the
Governor's Designee.
    (i) Incorporation by Reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Rule 701, ``Air Pollution Episode Plan for Particulate
Matter,'' adopted on March 3, 2014.

0
3. Section 52.221 is revised to read as follows:

Sec.  52.221  Classification of regions.

    The California plan was evaluated on the basis of the following
classifications:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Pollutant
                                                          ----------------------------------------------------------------------------------------------
                Air quality control region                                                                                Photochemical
                                                              Particulate       Sulfur oxides     Nitrogen dioxide   Carbon monoxide        oxidants
                                                                 matter                                                                  (hydrocarbons)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Great Basin Valley Intrastate............................                  I                III                III                III                III
Lake County Intrastate...................................                 II                III                III                III                III
Lake Tahoe Intrastate....................................                 II                III                III                  I                III
Metropolitan Los Angeles Intrastate......................                  I                III                III                  I                  I
Mountain Counties Intrastate.............................                 II                III                III                  I                  I
North Central Coast Intrastate...........................                 II                III                III                III                III
North Coast Intrastate...................................                 II                III                III                III                III
Northeast Plateau Intrastate.............................                III                III                III                III                III
Sacramento Valley Intrastate.............................                 II                III                III                  I                  I
San Diego Intrastate.....................................                 II                III                III                  I                  I
San Francisco Bay Area Intrastate........................                 II                III                III                  I                  I
San Joaquin Valley Intrastate............................                 II                III                III                  I                  I
South Central Coast Intrastate...........................                III                III                III                III                III
Southeast Desert Intrastate..............................                  I                III                III                III                  I
--------------------------------------------------------------------------------------------------------------------------------------------------------

0
4. Section 52.223 is amended by adding paragraphs (i) thru (o) to read
as follows:

Sec.  52.223  Approval status.

* * * * *
    (i) 1997 ozone NAAQS: The 2007 Infrastructure SIP, submitted on
November 16, 2007, and the 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, are partially disapproved for specific
requirements of Clean Air Act section 110(a)(2) for the 1997 8-hour
ozone NAAQS for the Air Pollution Control Districts (APCDs), Air
Quality Management Districts (AQMDs), or Air Quality Control Regions
(AQCRs) listed in this paragraph.
    (1) San Joaquin Valley APCD (Bakersfield Metropolitan Statistical
Area (MSA), only) for section 110(a)(2)(B).
    (2) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (3) North Coast Unified AQMD (PSD requirements for the regulation
of PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration
of air quality, only), and (J).
    (4) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections

110(a)(2)(C), (D)(i)(II) (interfere with measures in any other state to
prevent significant deterioration of air quality, only), and (J),
except for South Coast AQMD where the Federal PSD program applies to
greenhouse gases, only.
    (6) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii)
(with respect to section 126(a), only).
    (7) Mountain Counties AQCR (El Dorado County, only) for section
110(a)(2)(G).
    (j) 1997 PM2.5 NAAQS: The 2007 Infrastructure SIP, submitted on
November 16, 2007, and the 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, are partially disapproved for specific
requirements of Clean Air Act section 110(a)(2) for the 1997
PM2.5 NAAQS for the Air Pollution Control Districts (APCDs),
Air Quality Management Districts (AQMDs), or Air Quality Control
Regions (AQCRs) listed in this paragraph.
    (1) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (2) North Coast Unified AQMD (PSD requirements for the regulation
of PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration
of air quality, only), and (J).
    (3) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
    (5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii)
(with respect to section 126(a), only).
    (6) San Joaquin Valley Mountain Counties AQCR for section
110(a)(2)(G).
    (k) 2006 PM2.5 NAAQS and 2012 PM2.5 NAAQS: The 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, is partially
disapproved for specific requirements of Clean Air Act section
110(a)(2) for the 2006 PM2.5 NAAQS and 2012 PM2.5
NAAQS for the Air Pollution Control Districts (APCDs), Air Quality
Management Districts (AQMDs), or Air Quality Control Regions (AQCRs)
listed in this paragraph.
    (1) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (2) North Coast Unified AQMD (PSD requirements for the regulation
of PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration
of air quality, only), and (J).
    (3) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
    (5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii)
(with respect to section 126(a), only).
    (6) San Joaquin Valley Mountain Counties AQCR for section
110(a)(2)(G).
    (l) 2008 ozone NAAQS: The 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, is partially disapproved for specific
requirements of Clean Air Act section 110(a)(2) for the 2008 8-hour
ozone NAAQS for the Air Pollution Control Districts (APCDs), Air
Quality Management Districts (AQMDs), or Air Quality Control Regions
(AQCRs) listed in this paragraph.
    (1) San Joaquin Valley APCD (Bakersfield Metropolitan Statistical
Area (MSA), only) for section 110(a)(2)(B).
    (2) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (3) North Coast Unified AQMD (PSD requirements for the regulation
of PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 PSD, and NOX as an ozone
precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere with
measures in any other state to prevent significant deterioration of air
quality, only), and (J).
    (4) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
    (6) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii)
(with respect to section 126(a), only).
    (7) Mountain Counties AQCR (El Dorado County, only) for section
110(a)(2)(G).
    (m) 2008 Pb NAAQS: The 2011 Pb Infrastructure SIP, submitted on
September 22, 2011, and the 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, are partially disapproved for specific
requirements of Clean Air Act section 110(a)(2) for the 2008 Pb NAAQS
for the Air Pollution Control Districts (APCDs), Air Quality Management
Districts (AQMDs), or Air Quality Control Regions (AQCRs) listed in
this paragraph.
    (1) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (2) North Coast Unified AQMD (PSD requirements for the regulation
of PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration
of air quality, only), and (J).
    (3) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).

    (4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
    (5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii)
(with respect to section 126(a), only).
    (n) 2010 NO2 NAAQS: The 2012 NO2 Infrastructure SIP,
submitted on November 15, 2012, and the 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, are partially
disapproved for specific requirements of Clean Air Act section
110(a)(2) for the 2010 NO2 NAAQS for the Air Pollution
Control Districts (APCDs), Air Quality Management Districts (AQMDs), or
Air Quality Control Regions (AQCRs) listed in this paragraph.
    (1) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (2) North Coast Unified AQMD (PSD requirements for the regulation
of PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration
of air quality, only), and (J).
    (3) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
    (5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii)
(with respect to section 126(a), only).
    (o) 2010 SO2 NAAQS: The 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, is partially
disapproved for specific requirements of Clean Air Act section
110(a)(2) for the 2010 SO2 NAAQS for the Air Pollution
Control Districts (APCDs), Air Quality Management Districts (AQMDs), or
Air Quality Control Regions (AQCRs) listed in this paragraph.
    (1) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (2) North Coast Unified AQMD (PSD requirements for the regulation
of PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only) for sections 110(a)(2)(C), (D)(i)(II) (interfere
with measures in any other state to prevent significant deterioration
of air quality, only), and (J).
    (3) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only) for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J).
    (4) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(C),
(D)(i)(II) (interfere with measures in any other state to prevent
significant deterioration of air quality, only), and (J), except for
South Coast AQMD where the Federal PSD program applies to greenhouse
gases, only.
    (5) All areas in California that are subject to the Federal PSD
program as provided in 40 CFR 52.270 for sections 110(a)(2)(D)(ii)
(with respect to section 126(a), only).

Sec.  52.225  [Amended]

0
5. Section 52.225 is amended by removing and reserving paragraph (a).

0
6. Section 52.283 is amended by adding paragraphs (c) thru (g) to read
as follows:

Sec.  52.283  Interstate Transport.

* * * * *
    (c) 2006 PM2.5 NAAQS and 2012 PM2.5 NAAQS: The 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, and the additional plan
elements listed below meet the following specific requirements of Clean
Air Act section 110(a)(2)(D)(i) for the 2006 PM2.5 NAAQS and
2012 PM2.5 NAAQS.
    (1) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
    (i) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only)
    (ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
    (iii) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only)
    (iv) South Coast AQMD (PSD requirements for the NAAQS, only).
    (v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
    (2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.
    (d) 2008 ozone NAAQS: The 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, and the additional plan elements listed
below meet the following specific requirements of Clean Air Act section
110(a)(2)(D)(i) for the 2008 ozone NAAQS.
    (1) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
    (i) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only)
    (ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
    (iii) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only)
    (iv) South Coast AQMD (PSD requirements for the NAAQS, only).
    (v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
    (2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the

``California Regional Haze Plan,'' adopted January 22, 2009.
    (e) 2008 Pb NAAQS: The 2011 Pb Infrastructure SIP, submitted on
September 22, 2011, and the 2014 Multi-pollutant Infrastructure SIP,
submitted on March 6, 2014, and the additional plan elements listed
below meet the following specific requirements of Clean Air Act section
110(a)(2)(D)(i) for the 2008 Pb NAAQS.
    (1) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment of the 2008 Pb NAAQS in any
other State and interference with maintenance of the 2008 Pb NAAQS by
any other State.
    (2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
    (i) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only)
    (ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
    (iii) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only)
    (iv) South Coast AQMD (PSD requirements for the NAAQS, only).
    (v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
    (3) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.
    (f) 2010 NO2 NAAQS: The 2012 NO2
Infrastructure SIP, submitted on November 15, 2012, and the 2014 Multi-
pollutant Infrastructure SIP, submitted on March 6, 2014, and the
additional plan elements listed below meet the following specific
requirements of Clean Air Act section 110(a)(2)(D)(i) for the 2010
NO2 NAAQS.
    (1) The requirements of CAA section 110(a)(2)(D)(i)(I) regarding
significant contribution to nonattainment of the 2010 NO2
NAAQS in any other State and interference with maintenance of the 2010
NO2 NAAQS by any other State.
    (2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
    (i) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only)
    (ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
    (iii) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only)
    (iv) South Coast AQMD (PSD requirements for the NAAQS, only).
    (v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
    (3) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.
    (g) 2010 SO2 NAAQS: The 2014 Multi-pollutant
Infrastructure SIP, submitted on March 6, 2014, and the additional plan
elements listed below meet the following specific requirements of Clean
Air Act section 110(a)(2)(D)(i) for the 2010 SO2 NAAQS.
    (1) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with any other state's measures required under title I,
part C of the Clean Air Act to prevent significant deterioration of air
quality, except that these requirements are not fully met in the Air
Pollution Control Districts (APCDs) or Air Quality Management Districts
(AQMDs) listed in this paragraph.
    (i) Mendocino County AQMD (PSD requirements for a baseline date for
PM2.5 increments, only)
    (ii) North Coast APCD (PSD requirements for the regulation of
PM2.5, PM2.5 precursors, condensable
PM2.5, PM2.5 increments, and NOX as an
ozone precursor, only)
    (iii) Northern Sonoma County APCD (PSD requirements for a baseline
date for PM2.5 increments, only)
    (iv) South Coast AQMD (PSD requirements for the NAAQS, only).
    (v) All other areas in California that are subject to the Federal
PSD program as provided in 40 CFR 52.270.
    (2) The requirements of section 110(a)(2)(D)(i)(II) regarding
interference with other states' measures to protect visibility are met
by chapter 3 (Emissions Inventory), chapter 4 (California 2018 Progress
Strategy), and chapter 8 (Consultation) of the ``California Regional
Haze Plan,'' adopted January 22, 2009.

[FR Doc. 2016-07323 Filed 3-31-16; 8:45 am]
 BILLING CODE 6560-50-P