81_FR_31302 81 FR 31206 - Determination of Attainment of the 1-Hour Ozone National Ambient Air Quality Standard in the San Joaquin Valley Nonattainment Area in California

81 FR 31206 - Determination of Attainment of the 1-Hour Ozone National Ambient Air Quality Standard in the San Joaquin Valley Nonattainment Area in California

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 96 (May 18, 2016)

Page Range31206-31212
FR Document2016-11630

The Environmental Protection Agency (EPA) is proposing to determine that the San Joaquin Valley nonattainment area has attained the 1-hour ozone National Ambient Air Quality Standard. This proposed determination is based on the most recent three-year period (2012-2014) of sufficient, quality-assured, and certified data. Preliminary data for 2015 are consistent with continued attainment of the standard in the San Joaquin Valley.

Federal Register, Volume 81 Issue 96 (Wednesday, May 18, 2016)
[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Proposed Rules]
[Pages 31206-31212]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11630]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0164; FRL-9946-358-Region 9]


Determination of Attainment of the 1-Hour Ozone National Ambient 
Air Quality Standard in the San Joaquin Valley Nonattainment Area in 
California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the San Joaquin Valley nonattainment area has attained 
the 1-hour ozone National Ambient Air Quality Standard. This proposed 
determination is based on the most recent three-year period (2012-2014) 
of sufficient, quality-assured, and certified data. Preliminary data 
for 2015 are consistent with continued attainment of the standard in 
the San Joaquin Valley.

DATES: Any comments must arrive by June 17, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0164 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the 
EPA's full public comment

[[Page 31207]]

policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Anita Lee, (415) 972-3958, or by email 
at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. The EPA's Analysis
    A. Analysis of Ambient Air Quality Data
    B. Analysis of 1-Hour Ozone Trends in the San Joaquin Valley
    C. Analysis of Monitoring Network Adequacy
III. Proposed Action and Request for Public Comment
IV. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA or ``Act'') requires the EPA to establish 
National Ambient Air Quality Standards (NAAQS or ``standards'') for 
certain widespread pollutants, such as ozone, that cause or contribute 
to air pollution that is reasonably anticipated to endanger public 
health or welfare.\1\ In 1979, we promulgated an ozone NAAQS of 0.12 
parts per million (ppm), one-hour average (``1-hour ozone 
standard'').\2\
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    \1\ See sections 108 and 109 of the Act.
    \2\ See 44 FR 8202, February 8, 1979.
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    An area is considered to have attained the 1-hour ozone standard if 
there are no violations of the standard, as determined in accordance 
with the regulation codified at 40 CFR 50.9, based on three consecutive 
calendar years of complete, quality-assured and certified monitoring 
data. A violation occurs when the ambient ozone air quality monitoring 
data show greater than one (1.0) ``expected number'' of exceedances per 
year at any site in the area, when averaged over three consecutive 
calendar years. An ``expected number'' of exceedances is a statistical 
term that refers to an arithmetic average. An ``expected number'' of 
exceedances may be equivalent to the number of observed exceedances 
plus an increment that accounts for incomplete sampling.\3\ An 
exceedance occurs when the maximum hourly ozone concentration during 
any day exceeds 0.124 ppm.\4\
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    \3\ See 40 CFR part 50, appendix H. Because, in this context, 
the term ``exceedances'' refers to days (during which the daily 
maximum hourly ozone concentration exceeded 0.124 ppm), the maximum 
possible number of exceedances in a given year is 365 (or 366 in a 
leap year).
    \4\ For more information, please see ``National 1-hour primary 
and secondary ambient air quality standards for ozone'' (40 CFR 
50.9) and ``Interpretation of the 1-Hour Primary and Secondary 
National Ambient Air Quality Standards for Ozone'' (40 CFR part 50, 
appendix H).
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    The Act, as amended in 1990, required the EPA to designate as 
nonattainment any ozone areas that were still designated nonattainment 
under the 1977 Act Amendments, and any other areas violating the 1-hour 
ozone standard, generally based on air quality monitoring data from the 
1987 through 1989 period.\5\ The 1990 CAA Amendments further classified 
these areas, based on the severity of their nonattainment problem, as 
Marginal, Moderate, Serious, Severe, or Extreme.
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    \5\ See section 107(d)(4) of the Act. See also 56 FR 56694, 
November 6, 1991.
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    The control requirements and date by which attainment of the one-
hour ozone standard was to be achieved varied with an area's 
classification. Marginal areas were subject to the fewest mandated 
control requirements and had the earliest attainment date, November 15, 
1993, while Severe and Extreme areas were subject to more stringent 
planning requirements and were provided more time to attain the 
standard.
    The San Joaquin Valley (SJV or ``Valley'') covers approximately 
23,000 square miles and includes all of Fresno, Kings, Madera, Merced, 
San Joaquin, Stanislaus, and Tulare counties, as well as the western 
half of Kern County.\6\ The Valley is home to approximately four 
million residents. On November 6, 1991, the EPA classified the San 
Joaquin Valley as ``Serious'' nonattainment for the 1-hour ozone 
standard with an applicable attainment date of November 15, 1999.\7\ 
The Valley was later reclassified by operation of law as ``Severe'' 
based on our determination that the Valley had failed to attain the 
standard by the 1999 deadline.\8\ Later, the EPA approved a request by 
the State of California to reclassify the Valley as ``Extreme'' for the 
1-hour ozone standard, with an applicable attainment date of November 
15, 2010.\9\
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    \6\ See 40 CFR 81.305.
    \7\ See 56 FR 56694, November 6, 1991.
    \8\ See 66 FR 56476, November 8, 2001.
    \9\ See 69 FR 20550, April 16, 2004.
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    In 1997, the EPA promulgated an 8-hour ozone standard of 0.08 ppm 
(``1997 8-hour ozone standard''), to replace the 1-hour ozone 
standard.\10\ Although the 1-hour ozone standard was revoked in 2005, 
we continue to determine whether areas attain, or fail to attain, the 
1-hour ozone standard. This is because, under the EPA's regulations 
governing the transition from implementation of the revoked ozone 
standard to implementation of the replacement ozone standard, ``anti-
backsliding'' provisions require the continued applicability of certain 
1-hour ozone control requirements in areas, such as the San Joaquin 
Valley, that are designated as nonattainment for the 1997 8-hour ozone 
standard and the connection between some of those requirements and 
attainment of the 1-hour ozone standard.\11\ In 2008, we tightened the 
8-hour ozone standard (``2008 8-hour ozone standard''),\12\ and in 
2015, we revoked the 1997 8-hour ozone standard, but the principles of 
anti-backsliding continue to apply to both revoked ozone standards.\13\
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    \10\ See 62 FR 38856, July 18, 1997.
    \11\ See, generally, 40 CFR 51.905.
    \12\ 73 FR 16436 (March 27, 2008).
    \13\ 80 FR 12264 (March 6, 2015). See, generally, 40 CFR 
51.1105.
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    In this action, we are proposing to determine that the San Joaquin 
Valley has attained the 1-hour ozone standard. Under 40 CFR 50.1118, if 
this action is finalized as proposed and to the extent not already 
fulfilled, the requirement for this area to submit an attainment 
demonstration and associated planning requirements related to 
attainment of the 1-hour ozone standard, including reasonably available 
control measures, reasonable further progress plans, contingency 
measures for failure to attain, or make reasonable progress, shall be 
suspended until such time as the area is redesignated as attainment for 
the current ozone NAAQS or a redesignation substitute for the 1-hour 
ozone standard is approved, at which time the requirements no longer 
apply.\14\ If, however, prior to such redesignation or approval of such 
redesignation substitute, the EPA determines that the area has violated 
the 1-hour ozone NAAQS, then the area is again required to submit such 
attainment-related plans.
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    \14\ See 40 CFR 50.1118 and 80 FR 12264, March 6, 2015.
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    Over the decades since the 1990 CAA Amendments, despite high rates 
of growth in population and regional vehicle miles traveled (VMT), 1-
hour ozone concentrations in San Joaquin Valley have decreased, 
primarily due to emissions reductions from mobile source and consumer 
product control measures adopted by the California Air Resources Board 
(CARB) and from stationary source control measures adopted by the San 
Joaquin Valley Air Pollution Control District (SJVAPCD or 
``District''). For instance, despite regional growth, 1-hour ozone 
exceedance-days within the Valley (i.e.,

[[Page 31208]]

number of days in a year during which the 0.12 ppm standard was 
violated at a (i.e., at least one) monitoring site) decreased from 45 
in 1990 to 7 in 2010.\15\ Nonetheless, upon review of the ambient data 
for the three years preceding the November 15, 2010 attainment date 
(i.e., 2008-2010), we determined that the San Joaquin Valley failed to 
attain the 1-hour ozone standard by that date.\16\
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    \15\ See table A-1 in appendix A to the San Joaquin Valley 2013 
Plan for the Revoked 1-Hour Ozone Standard, adopted by the District 
on September 19, 2013.
    \16\ See 76 FR 82133, December 30, 2011.
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    Since then, the trend towards fewer 1-hour ozone exceedance-days 
has continued, and on February 11, 2016, CARB requested that the EPA 
determine that the San Joaquin Valley has attained the 1-hour ozone 
standard (also referred to as a ``clean data determination'').\17\ As 
part of its request for a clean data determination for the 1-hour ozone 
standard for the San Joaquin Valley, CARB submitted its own staff 
report and appendices, a letter dated July 13, 2015 from the District 
to the EPA and CARB requesting a clean data determination, the 
District's staff report to support its clean data determination 
request, and an ozone study final report prepared for the District.\18\
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    \17\ See Letter from Richard W. Corey, Executive Officer, CARB, 
to Jared Blumenfeld, Regional Administrator, EPA Region IX, dated 
February 11, 2016.
    \18\ See ``San Joaquin Valley 1-Hour Ozone Clean Data 
Determination'' dated February 8, 2016, prepared by CARB; ``San 
Joaquin Valley 1-Hour Ozone Clean Data Determination--Appendices'' 
dated February 8, 2016 prepared by CARB; letter from Seyed Sadredin, 
Executive Officer/Air Pollution Control Officer, San Joaquin Valley 
Unified Air Pollution Control District, to Jared Blumenfeld, EPA 
Region IX, and Richard Corey, CARB, dated July 13, 2015; 
``Attainment Determination Request for the Revoked 1-Hour Ozone 
Standard'' dated July 13, 2015 prepared by the San Joaquin Valley 
Air Pollution Control District; and ``Sonoma Technology, Inc., 
``Ozone Concentrations In and Around the City of Arvin,'' final 
report prepared for the District, May 2014 (``Arvin Ozone Saturation 
Study'').
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    In addition to the request for a clean data determination, the 
District provided documentation in its staff report intended to support 
a finding that attainment of the 1-hour ozone standard is due to 
permanent and enforceable emission reductions. In our final 
implementation rule for the 2008 ozone standard (80 FR 12264, March 6, 
2015), we established a mechanism, referred to as a ``redesignation 
substitute,'' through which an area may shift to contingency status 
those requirements, such as penalty fee program requirements under CAA 
section 185, to which an area had remained subject under the EPA's 
anti-backsliding regulations governing the transition from revoked 
ozone standards (such as the 1-hour ozone standard) to current ozone 
standards. To invoke this mechanism, a state must submit a 
demonstration that the area has attained the revoked ozone NAAQS due to 
permanent and enforceable emission reductions and that the area will 
maintain the revoked NAAQS for 10 years from the date of the EPA's 
approval of this showing.\19\ In this action, we are not taking action 
on the District's demonstration that attainment of the 1-hour ozone 
standard in the San Joaquin Valley is due to permanent and enforceable 
emission reductions because it is not relevant for the purposes of a 
clean data determination, but we will consider the District's 
demonstration in a separate rulemaking if and when it is supplemented 
with the 10-year maintenance demonstration element also needed to 
invoke the redesignation substitute mechanism in 40 CFR 51.1105(b).
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    \19\ 40 CFR 51.1105(b).
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II. The EPA's Analysis

    A determination of whether an area's air quality meets the 1-hour 
ozone NAAQS is generally based upon three years of complete, quality-
assured and certified air quality monitoring data gathered at 
established State and Local Air Monitoring Stations (SLAMS) in the 
nonattainment area and entered into the EPA's Air Quality System (AQS) 
database.\20\ A determination of whether an area meets the 1-hour ozone 
standard relies upon a review of the daily maximum ozone levels. Under 
40 CFR part 50, appendix H, a daily maximum ozone level is defined to 
be the highest hourly ozone value recorded for the day. This daily 
maximum value is considered valid if 75 percent of the hours from 9:01 
a.m. to 9:00 p.m. were measured or if the highest hour is greater than 
the level of the standard. A missing daily maximum ozone value may be 
assumed to be less than the level of the standard if the valid daily 
maxima on both the preceding day and the following day do not exceed 75 
percent of the NAAQS. Data from air monitors operated by state or local 
agencies in compliance with the EPA monitoring requirements must be 
submitted to the AQS database. Monitoring agencies annually certify 
that these data are accurate to the best of their knowledge. 
Accordingly, the EPA relies primarily on data in its AQS database when 
determining the attainment status of an area.\21\
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    \20\ Generally, a ``complete'' data set for determining 
attainment of the ozone standard is one that includes three years of 
data with an average percent of days with valid monitoring data 
greater than 90 percent with no single year less than 75 percent. 
See 40 CFR part 50, appendix I.
    \21\ See 40 CFR 50.9; 40 CFR part 50, appendix H; 40 CFR part 
53; 40 CFR part 58, appendices A, C, D and E. All data are reviewed 
to determine the area's air quality status in accordance with 40 CFR 
part 50, appendix H.
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A. Analysis of Ambient Air Quality Data

    When the EPA determined that the San Joaquin Valley had failed to 
attain the November 15, 2010 attainment date, the Agency made its 
determination based on 2008 to 2010 data from a network of 22 ozone 
monitoring sites.\22\ By 2015, the number of ozone monitoring sites in 
San Joaquin Valley had increased to 27, 24 of which are designated as 
regulatory and from which data may be compared to the NAAQS.\23\ All of 
these sites monitor ozone concentrations on a continuous basis using 
ultraviolet absorption monitors.
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    \22\ 76 FR 56694, at 56698 (September 14, 2011).
    \23\ Relevant changes in the ozone monitoring network include 
the relocation of the Fresno-North First Street site (AQS ID: 06-
019-0008) approximately 0.25 miles north to the Fresno-Garland site 
(AQS ID: 06-019-0011), the relocation of the Arvin-Bear Mountain 
site (AQS ID: 06-029-5001) approximately 2 miles north to the Arvin-
Di Giorgio site (AQS ID: 06-029-5002), and the establishment of new 
ozone monitors at Tranquility (AQS ID: 06-019-2009) in Fresno 
County, at Bakersfield Municipal Airport (AQS ID: 06-029-2012) in 
Kern County, in the City of Madera (AQS ID: 06-039-2010) in Madera 
County, and in Porterville (AQS ID: 06-107-2010) in Tulare County.
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    CARB or SJVAPCD operates 23 of the monitoring sites: Seven within 
Kern County, six within Fresno County, two within Madera, San Joaquin, 
Stanislaus, and Tulare counties, and one within Kings and Merced 
counties.\24\ CARB annually certifies that the data the agency submits 
to AQS are quality-assured, including data collected by CARB at 
monitoring sites in San Joaquin Valley.\25\ SJVAPCD does the same for 
monitors operated by the District.\26\ In addition, the National Park 
Service (NPS) operates two ozone monitoring sites in Sequoia National 
Park in Tulare County; the Tachi-Yokut Tribe operates a monitoring site 
at the Santa Rosa Rancheria in Kings County; and the Chukchansi Indians 
of California

[[Page 31209]]

operate a monitoring site at the Picayune Rancheria in Madera County.
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    \24\ See figure 1 in SJVAPCD's 2015 Air Monitoring Network Plan 
(August 28, 2015) for a map of the ambient air monitors in the San 
Joaquin Valley.
    \25\ See, e.g., letter from Ravi Ramalingam, Chief, Consumer 
Products and Air Quality Assessment Branch, Air Quality Planning and 
Science Division, CARB, to Deborah Jordan, Director, Air Division, 
U.S. EPA Region IX, certifying calendar year 2014 ambient air 
quality data and quality assurance data, dated May 8, 2015.
    \26\ See, e.g., letter from Sheraz Gill, Director of Strategies 
and Incentives, letter to Deborah Jordan, Director, Air Division, 
U.S. EPA Region IX, certifying calendar year 2014 ambient air 
quality data and quality assurance data, dated July 8, 2015.
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    The Sequoia National Park--Ash Mountain (AQS ID 06-107-0009) NPS 
monitoring site is designated as regulatory and comparable to the 
NAAQS. NPS annually certifies that the data it submits to AQS are 
quality-assured.\27\ One NPS site within Tulare County, Sequoia 
National Park--Lower Kaweah (AQS ID 06-107-0006), is designated as non-
regulatory and not comparable to the NAAQS. The EPA notes that the two 
monitoring sites located in Indian country, Santa Rosa Rancheria (AQS 
ID 06-031-0500) and Picayune Rancheria (AQS ID 06-019-0500), are 
designated as non-regulatory and not comparable to the NAAQS.
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    \27\ See, e.g., letter from Barkley Sive, Program Manager, NPS, 
to Lew Weinstock, U.S. EPA, certifying 2014 ozone data, incorrectly 
dated April 29, 2014, received by EPA via electronic mail on April 
30, 2015.
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    Table 1 summarizes the expected 1-hour ozone exceedances, per year 
and as an average over the 2012-2014 period, at the regulatory 
monitoring sites in the San Joaquin Valley. Generally, the highest 
ozone concentrations in the San Joaquin Valley have occurred in the 
central and southern portions of the nonattainment area, but in recent 
years, the highest ozone concentrations have occurred in the central 
portion of the valley (i.e., within Fresno County). As shown in Table 
1, the highest three-year average of expected exceedances at any site 
in the San Joaquin Valley for 2012-2014 is 0.7 at Fresno--Sierra 
Skypark in Fresno County. The calculated exceedance rate of 0.7 
represents attainment of the 1-hour ozone NAAQS (a three-year average 
of expected exceedances less than or equal to 1). Thus, taking into 
account the extent and reliability of the applicable ozone monitoring 
network, and the data collected and summarized in Table 1, we propose 
to determine that the San Joaquin Valley has attained the 1-hour ozone 
NAAQS (as defined in 40 CFR part 50, appendix H). Preliminary 2015 data 
have not been certified but are consistent with the continued 
attainment of the 1-hour ozone NAAQS in the San Joaquin Valley.

          Table 1--One-Hour Ozone Data for the San Joaquin Valley One-Hour Ozone Nonattainment Area \1\
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                                                           Expected exceedances by year              Expected
                                                 ------------------------------------------------ exceedances  3-
                  Site (AQS ID)                                                                     yr average
                                                       2012            2013            2014      ---------------
                                                                                                     2012-2014
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FRESNO COUNTY:
    Clovis--Villa (06-019-5001).................             0.0             0.0             0.0             0.0
    Fresno--Drummond Street (06-019-0007).......             1.0             0.0             0.0             0.3
    Fresno--Garland (06-019-0011)...............             1.0             0.0             0.0             0.3
    Fresno--Sierra Skypark (06-019-0242)........             1.0             0.0             1.1             0.7
    Parlier (06-019-4001).......................             1.0             0.0             0.0             0.3
    Tranquility (06-019-2009)...................             0.0             0.0             0.0             0.0
KERN COUNTY:
    Arvin--Di Giorgio (06-029-5002).............             0.0             0.0             0.0             0.0
    Bakersfield--Muni (06-029-2012).............             0.0             0.0             0.0         \2\ 0.0
    Bakersfield--California (06-029-0014).......             0.0             0.0             0.0             0.0
    Edison (06-029-0007)........................             0.0             0.0             0.0             0.0
    Maricopa (06-029-0008)......................             0.0             0.0             0.0             0.0
    Oildale (06-029-0232).......................             0.0             0.0             0.0             0.0
    Shafter (06-029-6001).......................             0.0             0.0             0.0             0.0
KINGS COUNTY:
    Hanford--Irwin (06-031-1004)................             0.0             0.0             0.0             0.0
MADERA COUNTY:
    Madera--Pump Yard (06-039-0004).............             0.0             0.0             0.0             0.0
    Madera--City (06-039-2010)..................             0.0             0.0             0.0             0.0
MERCED COUNTY:
    Merced--Coffee (06-047-0003)................             0.0             0.0             0.0             0.0
SAN JOAQUIN COUNTY:
    Stockton--Hazelton (06-077-1002)............             0.0             0.0             0.0             0.0
    Tracy--Airport (06-077-3005)................             0.0             0.0             0.0             0.0
STANISLAUS COUNTY:
    Modesto--14th Street (06-099-0005)..........             0.0             0.0             0.0             0.0
    Turlock (06-099-0006).......................             0.0             0.0             0.0             0.0
TULARE COUNTY:
    Porterville (06-107-2010)...................             0.0             0.0             0.0             0.0
    Sequoia National Park--Ash Mountain (06-107-             0.0             0.0             0.0             0.0
     0009)......................................
    Visalia--Church Street (06-107-2002)........             0.0             0.0             0.0             0.0
----------------------------------------------------------------------------------------------------------------
\1\ Source: Quicklook Report, ``20160311_QLRpt_SJV_1hrO3_2012-2015.pdf,'' March 11, 2016; and
  ``20160411_QLRpt_SJV_1hrO3_2012-2015.xlsx,'' April 11, 2016 (in the docket for this proposed action).
\2\ Based on CARB's missing data analysis for this site, at most one exceedance could have been recorded during
  the first half of 2012 if the site had been operational during that period. Assuming such an exceedance had
  occurred, the 3-year average of expected exceedances for the 2012-2014 period at the Bakersfield-Municipal
  Airport site would have been 0.3, which is less than the corresponding value at Fresno-Sierra Skypark (0.7)
  and less than the NAAQS.

    As noted above, a ``complete'' data set for determining attainment 
of the ozone standard is generally one that includes three years of 
data with an average percent of days with valid monitoring data greater 
than 90 percent with no single year less than 75 percent. Based on 
these criteria, the data summarized in Table 1 from all of the sites 
meet the

[[Page 31210]]

criteria over the 2012 to 2014 period except for the Bakersfield--
Municipal Airport site (AQS ID: 06-029-2012). The Bakersfield--
Municipal Airport site began operation on July 1, 2012 and although 
completeness was greater than 90 percent for the period of the year it 
was operating, total completeness for the entire year, including the 
period prior to establishment of the monitor, was 48 percent. 
Completeness was greater than 90 percent at the Bakersfield--Municipal 
Airport site in 2013 and 2014.
    To address the data gap at the Bakersfield--Municipal Airport, CARB 
prepared a missing data analysis to identify an upper bound on the 
ozone concentrations and exceedance days that might have been recorded 
at this site during the first half of 2012 if it had been operational 
during that time.\28\ To identify an upper bound, CARB calculated the 
maximum differences between daily maximum 1-hour ozone measurements 
occurring on the same days from the three surrounding sites (Oildale, 
Bakersfield--California Avenue, and Edison) and the Bakersfield--
Municipal Airport site during the first six months of 2013 and 2014 and 
applied the maximum differences to the highest daily maximum hourly 
concentrations measured at the three nearby ozone sites during the 
first half of 2012. The results showed that at most one exceedance 
could have been measured at the Bakersfield--Municipal Airport during 
the first six months of 2012 if it had been operational during that 
time. Based on our review, we find CARB's methods for estimating an 
upper bound on ozone concentrations and exceedances at the 
Bakersfield--Municipal Airport site to be acceptable and agree with 
CARB's conclusions drawn from the analysis. Thus, we find that 
incompleteness of the 2012 data set from the Bakersfield--Municipal 
Airport site does not preclude an attainment determination for the San 
Joaquin Valley that relies, in part, on 2012 data.
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    \28\ See CARB's missing data analysis in appendix A to ``San 
Joaquin Valley 1-Hour Ozone Clean Data Determination'' dated 
February 8, 2016.
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B. Analysis of 1-Hour Ozone Trends in the San Joaquin Valley

    In support of its request to EPA for a Clean Data Determination, 
CARB submitted analyses of the 1-hour ozone design value and 
concentration trends, along with analyses of topography, meteorology, 
and ozone precursor emissions in the Valley. Based on its analyses, 
CARB concluded that the ozone site within the Valley with the maximum 
1-hour ozone concentration is currently located in the Fresno 
Metropolitan Statistical Area (MSA). Between 1990 and 2007, the maximum 
1-hour ozone concentrations in the Valley alternated between the 
Bakersfield MSA in the southern portion of the Valley and the Fresno 
MSA in the central portion of the Valley.\29\ In 2008 the location of 
the maximum 1-hour ozone concentration site shifted from the 
Bakersfield MSA (at the Edison monitoring site for 2006-2007) to the 
Fresno MSA (at the Clovis--N. Villa Avenue monitoring site in 2008-
2010), where it has remained through 2015 (at the Fresno--Sierra 
Skypark monitoring site in 2012-2014).\30\ CARB provided detailed 
evidence that the maximum 1-hour ozone concentrations in the 
Bakersfield MSA have decreased and the location of the maximum 1-hour 
ozone concentration has occurred in the Fresno MSA over last seven 
years (2008-2014).
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    \29\ See pp. 21-22, CARB ``San Joaquin Valley 1-Hour Ozone Clean 
Data Determination'' dated February 8, 2016.
    \30\ See Table 9, p.22, CARB ``San Joaquin Valley 1-Hour Ozone 
Clean Data Determination'' dated February 8, 2016.
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    CARB's analyses suggest that the Valley's topography, weather, and 
transport patterns strongly influence the geographic distribution of 
ozone, resulting in lower levels in the north, with higher levels in 
the central and southern portions of the Valley. In addition, CARB's 
analysis of emission inventories show decreasing trends in 
anthropogenic emissions of nitrogen oxides and reactive organic gases 
throughout the Valley from 2000 to 2014, with the fastest rates of 
decrease expected in the Bakersfield MSA, providing further support 
that the Valley's design value is likely to continue to occur in the 
Fresno MSA.
    The Arvin--Bear Mountain monitoring site in the Bakersfield MSA was 
closed in 2010. Prior to its ceasing operation, a monitor intended to 
replace it began operating nearby at the Arvin--Di Giorgio site. The 
request to replace the Arvin--Bear Mountain monitoring site with the 
Arvin--Di Giorgio monitoring site and the EPA's analysis of the request 
are discussed in section II.C., below. At the time of its closure, the 
Arvin--Bear Mountain monitoring site had not recorded the maximum ozone 
concentration in the Valley in more than five years. However, in order 
to ensure that all sites that had been violating the 1-hour ozone NAAQS 
would be attaining the standard, CARB conducted a detailed analysis of 
the daily maximum 1-hour ozone concentrations expected at the Arvin--
Bear Mountain monitoring site following its closure in 2010 because it 
had been one of the Valley sites that, in some prior years, recorded 
the highest ozone concentration in the Valley. CARB conducted rank-by-
rank regression analyses and comparisons using 2010 data from the 
Arvin--Bear Mountain, Arvin--Di Giorgio, and Edison monitoring sites to 
estimate daily maximum 1-hour ozone concentrations and estimated 
expected exceedances at the Arvin--Bear Mountain monitoring site for 
2011-2015 had the monitor remained operational until this time. CARB's 
analyses indicated that the Arvin--Bear Mountain monitoring site would 
have attained the 1-hour ozone NAAQS in the 2012-2014 period and would 
have continued to attain the standard for 2013-2015 based on the most 
recent preliminary data for 2015.\31\ CARB's analyses also concluded 
that the three-year average of estimated expected exceedances of 0.3 at 
the Arvin--Bear Mountain monitoring site for both the 2012-2014 and 
2013-2015 periods would have been less than the corresponding values at 
the Fresno--Sierra Skypark monitoring site (0.7 for 2012-2014 and 0.4 
for 2013-2015).
---------------------------------------------------------------------------

    \31\ See pp. 18-19 and Appendix B, CARB ``San Joaquin Valley 1-
Hour Ozone Clean Data Determination'' dated February 8, 2016.
---------------------------------------------------------------------------

    In addition to CARB's analyses, the District conducted predictive 
regression calculations of daily maximum 1-hour ozone concentrations 
for 2012 through 2014 at the Arvin--Bear Mountain and Arvin--Di Giorgio 
monitoring sites.\32\ Although the District used different methods, 
their results are consistent with the results from CARB's analyses, 
indicating that ozone concentrations at the Arvin--Bear Mountain 
monitoring site would have attained the 1-hour ozone NAAQS during 2012-
2014. The District's analyses also indicate the location of the maximum 
1-hour concentration ozone site within the Fresno MSA and provide 
support for the shift, in 2008, of the Valley's maximum site from the 
Bakersfield region to the Fresno region. This is further supported by 
monitoring data at the Arvin--Bear Mountain monitoring site that show 
that in the last five years of Arvin--Bear Mountain's monitor operation 
prior to its 2010 closure, the Valley's maximum 1-hour ozone 
concentration did not occur at the Arvin--Bear Mountain monitoring 
site.
---------------------------------------------------------------------------

    \32\ See ``Attainment Determination Request for the Revoked 1-
Hour Ozone Standard'' dated July 13, 2015 prepared by the San 
Joaquin Valley Air Pollution Control District.

---------------------------------------------------------------------------

[[Page 31211]]

    Based on our review of the submitted documentation, we find that 
CARB's and the District's methods and analyses regarding 1-hour ozone 
trends in the San Joaquin Valley and estimates of post-2010 ozone 
concentrations and expected exceedances at the Arvin--Bear Mountain 
site to be reasonable and agree with the conclusions drawn therefrom.

C. Analysis of Monitoring Network Adequacy

    Within the San Joaquin Valley, CARB and the District are jointly 
responsible for assuring that the area meets air quality monitoring 
requirements. The SLAMS network of ozone monitors in the Valley 
includes monitors operated by the District and monitors operated by 
CARB. The District submits annual monitoring network plans to the EPA. 
The District's network plans describe the various monitoring sites 
operated by the District as well as those operated by CARB. These plans 
discuss the status of the air monitoring network, as required under 40 
CFR 58.10.\33\
---------------------------------------------------------------------------

    \33\ See SJVAPCD's ``2015 Air Monitoring Network Plan'', dated 
August 28, 2015.
---------------------------------------------------------------------------

    The EPA reviews the District's annual network plans and conducts 
technical systems audits and has generally found the combined ambient 
air monitoring network meets or exceeds the requirements for the 
minimum number of SLAMS monitoring sites for ozone and is in compliance 
with the applicable reporting requirements in 40 CFR part 58 for ozone 
except for the requirement to identify a maximum concentration ozone 
site within the Bakersfield MSA.\34\
---------------------------------------------------------------------------

    \34\ See, e.g., letter from Deborah Jordan, Director, Air 
Division, EPA Region IX, to James Goldstene, Executive Officer, 
California Air Resources Board, dated October 22, 2012, transmitting 
the findings from the EPA's 2011 Technical Systems Audit.
---------------------------------------------------------------------------

    Specifically, 40 CFR part 58 requires, among other things, that at 
least one ozone site for each MSA must be designated to record the 
maximum concentration for that particular area. The closure of the 
Arvin--Bear Mountain site without subsequent approval of a replacement 
site prevented the designation of a maximum concentration ozone site 
for the Bakersfield MSA. On April 29, 2016, CARB submitted a request 
letter to the EPA for the relocation of the San Joaquin Valley Arvin--
Bear Mountain ozone air monitoring site to the Arvin--Di Giorgio air 
monitoring site, which is 2.2 miles away and began operation prior to 
closure of the Arvin--Bear Mountain site.\35\ On May 2, 2016, EPA 
approved the relocation request based on a thorough review of all 
nearby available site options.\36\ Approval of the replacement site for 
the Arvin--Bear Mountain monitoring site resolves the ozone ambient air 
monitoring network issue for the Bakersfield MSA. The EPA is 
determining that the ozone monitoring network in the Valley is adequate 
based on the following: The foregoing analyses provided by CARB and the 
District indicating that the Valley's maximum 1-hour ozone 
concentration site has shifted away from the Bakersfield MSA to sites 
located in the Fresno MSA and that 1-hour ozone design values that 
would have occurred at the Arvin--Bear Mountain monitoring site post-
2010 are consistent with attainment; the EPA's approval of the Arvin--
Bear Mountain monitoring site relocation request; and the fact that the 
replacement for the Arvin--Bear Mountain monitoring site (i.e., Arvin--
Di Giorgio) has been in operation since prior to the closure of the 
Arvin--Bear Mountain monitoring site.
---------------------------------------------------------------------------

    \35\ See letter from Karen Magliano, Chief, Air Quality Planning 
and Science Division, California Air Resources Board, to Meredith 
Kurpius, Manager, Air Quality Analysis Office, EPA Region IX, dated 
April 29, 2016.
    \36\ See letter from Meredith Kurpius, Manager, Air Quality 
Analysis Office, EPA Region IX, to Karen Magliano, Chief, Air 
Quality Planning and Science Division, California Air Resources 
Board, dated May 2, 2016.
---------------------------------------------------------------------------

III. Proposed Action and Request for Public Comment

    The EPA is proposing to determine that the San Joaquin Valley has 
attained the 1-hour ozone standard based on sufficient, quality-assured 
and certified ambient air quality monitoring data for the 2012-2014 
monitoring period. Preliminary data for 2015 are consistent with the 
continued attainment of the standard in San Joaquin Valley.
    If we finalize this determination as proposed, to the extent not 
already fulfilled, the requirements for the state to submit attainment 
demonstrations and associated reasonably available control measures, 
reasonable further progress plans, contingency measures for failure to 
attain or make reasonable progress and other plans related to 
attainment of the 1-hour ozone standard for San Joaquin Valley shall be 
suspended until such time as the area is redesignated as attainment for 
the current ozone NAAQS or a redesignation substitute for the 1-hour 
ozone standard is approved, at which time the requirements no longer 
apply.\37\ If, however, prior to such redesignation or approval of such 
redesignation substitute, the EPA determines that San Joaquin Valley 
has violated the 1-hour ozone NAAQS, then the area is again required to 
submit such attainment-related plans.\38\
---------------------------------------------------------------------------

    \37\ See 40 CFR 51.1118.
    \38\ Id.
---------------------------------------------------------------------------

    The EPA is soliciting public comments on the issues discussed in 
this document or on other relevant matters. We will accept comments 
from the public on this proposal for the next 30 days. We will consider 
these comments before taking final action.

IV. Statutory and Executive Order Reviews

    This action proposes to make a determination based on air quality 
data and does not impose additional requirements beyond those imposed 
by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed clean data determination does not have 
tribal implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), and will not impose substantial

[[Page 31212]]

direct costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: May 3, 2016.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2016-11630 Filed 5-17-16; 8:45 am]
 BILLING CODE 6560-50-P



                                               31206                  Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules

                                               in effect and are being implemented by   Federal requirements and does not                                      Dated: May 9, 2016.
                                               the LRAPA at this time as part of the    impose additional requirements beyond                                Dennis J. McLerran,
                                               attainment date extension request. The   those imposed by state law. For that                                 Regional Administrator, Region 10.
                                               EPA has reviewed the control measures    reason, this proposed action:                                        [FR Doc. 2016–11628 Filed 5–17–16; 8:45 am]
                                               of the submitted 2012 Oakridge Plan         • Is not a ‘‘significant regulatory                               BILLING CODE 6560–50–P
                                               and the documentation of                 action’’ subject to review by the Office
                                               implementation submitted as part of the  of Management and Budget under
                                               extension request. The docket provides   Executive Orders 12866 (58 FR 51735,                                 ENVIRONMENTAL PROTECTION
                                               documentation of this including the      October 4, 1993) and 13563 (76 FR 3821,                              AGENCY
                                               official extension request that describesJanuary 21, 2011);
                                               supplemental strategies currently           • does not impose an information                                  40 CFR Part 52
                                               underway, an expanded city ordinance     collection burden under the provisions                               [EPA–R09–OAR–2016–0164; FRL–9946–
                                               that enhances controls designed to       of the Paperwork Reduction Act (44                                   358–Region 9]
                                               reduce emissions from residential home   U.S.C. 3501 et seq.);
                                               heating, and local strategies and efforts   • is certified as not having a                                    Determination of Attainment of the 1-
                                               to reduce emissions. Based upon this     significant economic impact on a                                     Hour Ozone National Ambient Air
                                               information, the EPA believes that the   substantial number of small entities                                 Quality Standard in the San Joaquin
                                               State and the LRAPA are complying        under the Regulatory Flexibility Act (5                              Valley Nonattainment Area in
                                               with the requirements and                U.S.C. 601 et seq.);                                                 California
                                               commitments of the applicable               • does not contain any unfunded
                                               implementation plan, as contemplated     mandate or significantly or uniquely                                 AGENCY:  Environmental Protection
                                               by section 188(d)(1).                    affect small governments, as described                               Agency (EPA).
                                                  For these reasons, the EPA is         in the Unfunded Mandates Reform Act                                  ACTION: Proposed rule.
                                               proposing to find that the State meets   of 1995 (Pub. L. 104–4);                                             SUMMARY:    The Environmental Protection
                                               the compliance with the applicable          • does not have Federalism
                                                                                                                                                             Agency (EPA) is proposing to determine
                                               implementation plan criterion for a 1-   implications as specified in Executive
                                                                                                                                                             that the San Joaquin Valley
                                               year attainment date extension for the   Order 13132 (64 FR 43255, August 10,
                                                                                                                                                             nonattainment area has attained the 1-
                                               Oakridge NAA pursuant to CAA section     1999);                                                               hour ozone National Ambient Air
                                               188(d)(1).                                  • is not an economically significant
                                                                                                                                                             Quality Standard. This proposed
                                                                                        regulatory action based on health or
                                               IV. Summary of Proposed Action                                                                                determination is based on the most
                                                                                        safety risks subject to Executive Order
                                                  The EPA is proposing to find that the                                                                      recent three-year period (2012–2014) of
                                                                                        13045 (62 FR 19885, April 23, 1997);
                                                                                                                                                             sufficient, quality-assured, and certified
                                               State has met the criteria for receiving    • is not a significant regulatory action
                                               a 1-year extension to the Moderate area                                                                       data. Preliminary data for 2015 are
                                                                                        subject to Executive Order 13211 (66 FR
                                               attainment date for the 2006 PM2.5                                                                            consistent with continued attainment of
                                                                                        28355, May 22, 2001);
                                               NAAQS for the Oakridge NAA as               • is not subject to requirements of                               the standard in the San Joaquin Valley.
                                               provided in section 188(d) of the Act.   Section 12(d) of the National                                        DATES: Any comments must arrive by
                                               The State is implementing the            Technology Transfer and Advancement                                  June 17, 2016.
                                               requirements and commitments in the      Act of 1995 (15 U.S.C. 272 note) because                             ADDRESSES: Submit your comments,
                                               applicable attainment plan for the PM2.5 application of those requirements would                              identified by Docket ID No. EPA–R09–
                                               NAAQS in the area, and the 98th          be inconsistent with the Clean Air Act;                              OAR–2016–0164 at http://
                                               percentile 24-hour PM2.5 air quality     and                                                                  www.regulations.gov, or via email to
                                               value for 2015 is below 35 mg/m3.           • does not provide the EPA with the                               lee.anita@epa.gov. For comments
                                               Accordingly, the State has established   discretionary authority to address, as                               submitted at Regulations.gov, follow the
                                               that it meets the criteria of section    appropriate, disproportionate human                                  online instructions for submitting
                                               188(d) as the EPA is proposing to        health or environmental effects, using                               comments. Once submitted, comments
                                               interpret those requirements for         practicable and legally permissible                                  cannot be edited or removed from
                                               purposes of the 2006 PM2.5 NAAQS. The methods, under Executive Order 12898                                    Regulations.gov. For either manner of
                                               EPA is therefore proposing to exercise   (59 FR 7629, February 16, 1994).                                     submission, the EPA may publish any
                                               the discretion granted to the               The SIP is not approved to apply on                               comment received to its public docket.
                                               Administrator by section 188(d) of the   any Indian reservation land or in any                                Do not submit electronically any
                                               CAA to extend the Moderate area          other area where the EPA or an Indian                                information you consider to be
                                               attainment date for the Oakridge NAA     tribe has demonstrated that a tribe has                              Confidential Business Information (CBI)
                                               from December 31, 2015 to December       jurisdiction. In those areas of Indian                               or other information whose disclosure is
                                               31, 2016.                                country, the rule does not have tribal                               restricted by statute. Multimedia
                                                                                        implications and will not impose                                     submissions (audio, video, etc.) must be
                                               V. Statutory and Executive Order                                                                              accompanied by a written comment.
                                                                                        substantial direct costs on tribal
                                               Reviews                                                                                                       The written comment is considered the
                                                                                        governments or preempt tribal law as
                                                  Under the Clean Air Act, the          specified by Executive Order 13175 (65                               official comment and should include
                                               Administrator is required to approve a   FR 67249, November 9, 2000).                                         discussion of all points you wish to
                                               SIP submission that complies with the                                                                         make. The EPA will generally not
                                               provisions of the Act and applicable     List of Subjects in 40 CFR Part 52                                   consider comments or comment
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                                               Federal regulations. 42 U.S.C. 7410(k);     Environmental protection, Air                                     contents located outside of the primary
                                               40 CFR 52.02(a). Thus, in reviewing SIP pollution control, Incorporation by                                   submission (i.e., on the Web, cloud, or
                                               submissions, the EPA’s role is to        reference, Intergovernmental relations,                              other file sharing system). For
                                               approve state choices, provided that     Nitrogen dioxide, Particulate matter,                                additional submission methods, please
                                               they meet the criteria of the Clean Air  Reporting and recordkeeping                                          contact the person identified in the FOR
                                               Act. Accordingly, this proposed action   requirements, Sulfur oxides, Volatile                                FURTHER INFORMATION CONTACT section.
                                               merely approves state law as meeting     organic compounds.                                                   For the EPA’s full public comment


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                                                                      Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules                                                       31207

                                               policy, information about CBI or                        hourly ozone concentration during any                   transition from implementation of the
                                               multimedia submissions, and general                     day exceeds 0.124 ppm.4                                 revoked ozone standard to
                                               guidance on making effective                               The Act, as amended in 1990,                         implementation of the replacement
                                               comments, please visit http://                          required the EPA to designate as                        ozone standard, ‘‘anti-backsliding’’
                                               www2.epa.gov/dockets/commenting-                        nonattainment any ozone areas that                      provisions require the continued
                                               epa-dockets.                                            were still designated nonattainment                     applicability of certain 1-hour ozone
                                               FOR FURTHER INFORMATION CONTACT:                        under the 1977 Act Amendments, and                      control requirements in areas, such as
                                               Anita Lee, (415) 972–3958, or by email                  any other areas violating the 1-hour                    the San Joaquin Valley, that are
                                               at lee.anita@epa.gov.                                   ozone standard, generally based on air                  designated as nonattainment for the
                                                                                                       quality monitoring data from the 1987                   1997 8-hour ozone standard and the
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       through 1989 period.5 The 1990 CAA                      connection between some of those
                                               Throughout this document whenever                       Amendments further classified these
                                               ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean                                                                     requirements and attainment of the 1-
                                                                                                       areas, based on the severity of their                   hour ozone standard.11 In 2008, we
                                               the EPA.                                                nonattainment problem, as Marginal,                     tightened the 8-hour ozone standard
                                               Table of Contents                                       Moderate, Serious, Severe, or Extreme.                  (‘‘2008 8-hour ozone standard’’),12 and
                                                                                                          The control requirements and date by                 in 2015, we revoked the 1997 8-hour
                                               I. Background                                           which attainment of the one-hour ozone
                                               II. The EPA’s Analysis                                                                                          ozone standard, but the principles of
                                                  A. Analysis of Ambient Air Quality Data
                                                                                                       standard was to be achieved varied with                 anti-backsliding continue to apply to
                                                  B. Analysis of 1-Hour Ozone Trends in the            an area’s classification. Marginal areas                both revoked ozone standards.13
                                                     San Joaquin Valley                                were subject to the fewest mandated                        In this action, we are proposing to
                                                  C. Analysis of Monitoring Network                    control requirements and had the                        determine that the San Joaquin Valley
                                                     Adequacy                                          earliest attainment date, November 15,                  has attained the 1-hour ozone standard.
                                               III. Proposed Action and Request for Public             1993, while Severe and Extreme areas                    Under 40 CFR 50.1118, if this action is
                                                     Comment                                           were subject to more stringent planning
                                               IV. Statutory and Executive Order Reviews
                                                                                                                                                               finalized as proposed and to the extent
                                                                                                       requirements and were provided more                     not already fulfilled, the requirement for
                                               I. Background                                           time to attain the standard.                            this area to submit an attainment
                                                                                                          The San Joaquin Valley (SJV or
                                                  The Clean Air Act (CAA or ‘‘Act’’)                                                                           demonstration and associated planning
                                                                                                       ‘‘Valley’’) covers approximately 23,000
                                               requires the EPA to establish National                                                                          requirements related to attainment of
                                                                                                       square miles and includes all of Fresno,
                                               Ambient Air Quality Standards                                                                                   the 1-hour ozone standard, including
                                                                                                       Kings, Madera, Merced, San Joaquin,
                                               (NAAQS or ‘‘standards’’) for certain                                                                            reasonably available control measures,
                                                                                                       Stanislaus, and Tulare counties, as well
                                               widespread pollutants, such as ozone,                                                                           reasonable further progress plans,
                                                                                                       as the western half of Kern County.6 The
                                               that cause or contribute to air pollution                                                                       contingency measures for failure to
                                                                                                       Valley is home to approximately four
                                               that is reasonably anticipated to                                                                               attain, or make reasonable progress,
                                                                                                       million residents. On November 6, 1991,
                                               endanger public health or welfare.1 In                                                                          shall be suspended until such time as
                                                                                                       the EPA classified the San Joaquin
                                               1979, we promulgated an ozone NAAQS                     Valley as ‘‘Serious’’ nonattainment for                 the area is redesignated as attainment
                                               of 0.12 parts per million (ppm), one-                   the 1-hour ozone standard with an                       for the current ozone NAAQS or a
                                               hour average (‘‘1-hour ozone                            applicable attainment date of November                  redesignation substitute for the 1-hour
                                               standard’’).2                                           15, 1999.7 The Valley was later                         ozone standard is approved, at which
                                                  An area is considered to have attained               reclassified by operation of law as                     time the requirements no longer
                                               the 1-hour ozone standard if there are                  ‘‘Severe’’ based on our determination                   apply.14 If, however, prior to such
                                               no violations of the standard, as                       that the Valley had failed to attain the                redesignation or approval of such
                                               determined in accordance with the                       standard by the 1999 deadline.8 Later,                  redesignation substitute, the EPA
                                               regulation codified at 40 CFR 50.9,                     the EPA approved a request by the State                 determines that the area has violated the
                                               based on three consecutive calendar                     of California to reclassify the Valley as               1-hour ozone NAAQS, then the area is
                                               years of complete, quality-assured and                  ‘‘Extreme’’ for the 1-hour ozone                        again required to submit such
                                               certified monitoring data. A violation                  standard, with an applicable attainment                 attainment-related plans.
                                               occurs when the ambient ozone air                       date of November 15, 2010.9                                Over the decades since the 1990 CAA
                                               quality monitoring data show greater                       In 1997, the EPA promulgated an 8-                   Amendments, despite high rates of
                                               than one (1.0) ‘‘expected number’’ of                   hour ozone standard of 0.08 ppm (‘‘1997                 growth in population and regional
                                               exceedances per year at any site in the                 8-hour ozone standard’’), to replace the                vehicle miles traveled (VMT), 1-hour
                                               area, when averaged over three                          1-hour ozone standard.10 Although the                   ozone concentrations in San Joaquin
                                               consecutive calendar years. An                          1-hour ozone standard was revoked in                    Valley have decreased, primarily due to
                                               ‘‘expected number’’ of exceedances is a                 2005, we continue to determine whether                  emissions reductions from mobile
                                               statistical term that refers to an                      areas attain, or fail to attain, the 1-hour             source and consumer product control
                                               arithmetic average. An ‘‘expected                       ozone standard. This is because, under                  measures adopted by the California Air
                                               number’’ of exceedances may be                          the EPA’s regulations governing the                     Resources Board (CARB) and from
                                               equivalent to the number of observed                                                                            stationary source control measures
                                               exceedances plus an increment that                         4 For more information, please see ‘‘National 1-     adopted by the San Joaquin Valley Air
                                               accounts for incomplete sampling.3 An                   hour primary and secondary ambient air quality          Pollution Control District (SJVAPCD or
                                                                                                       standards for ozone’’ (40 CFR 50.9) and                 ‘‘District’’). For instance, despite
                                               exceedance occurs when the maximum                      ‘‘Interpretation of the 1-Hour Primary and
                                                                                                                                                               regional growth, 1-hour ozone
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                                                                                                       Secondary National Ambient Air Quality Standards
                                                 1 See sections 108 and 109 of the Act.                for Ozone’’ (40 CFR part 50, appendix H).               exceedance-days within the Valley (i.e.,
                                                                                                          5 See section 107(d)(4) of the Act. See also 56 FR
                                                 2 See 44 FR 8202, February 8, 1979.
                                                 3 See 40 CFR part 50, appendix H. Because, in this
                                                                                                       56694, November 6, 1991.                                  11 See,  generally, 40 CFR 51.905.
                                                                                                          6 See 40 CFR 81.305.                                   12 73
                                               context, the term ‘‘exceedances’’ refers to days                                                                         FR 16436 (March 27, 2008).
                                                                                                          7 See 56 FR 56694, November 6, 1991.                    13 80 FR 12264 (March 6, 2015). See, generally, 40
                                               (during which the daily maximum hourly ozone
                                                                                                          8 See 66 FR 56476, November 8, 2001.
                                               concentration exceeded 0.124 ppm), the maximum                                                                  CFR 51.1105.
                                                                                                          9 See 69 FR 20550, April 16, 2004.
                                               possible number of exceedances in a given year is                                                                  14 See 40 CFR 50.1118 and 80 FR 12264, March

                                               365 (or 366 in a leap year).                               10 See 62 FR 38856, July 18, 1997.                   6, 2015.



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                                               31208                  Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules

                                               number of days in a year during which                   transition from revoked ozone standards               database when determining the
                                               the 0.12 ppm standard was violated at                   (such as the 1-hour ozone standard) to                attainment status of an area.21
                                               a (i.e., at least one) monitoring site)                 current ozone standards. To invoke this
                                                                                                                                                             A. Analysis of Ambient Air Quality Data
                                               decreased from 45 in 1990 to 7 in                       mechanism, a state must submit a
                                               2010.15 Nonetheless, upon review of the                 demonstration that the area has attained                 When the EPA determined that the
                                               ambient data for the three years                        the revoked ozone NAAQS due to                        San Joaquin Valley had failed to attain
                                               preceding the November 15, 2010                         permanent and enforceable emission                    the November 15, 2010 attainment date,
                                               attainment date (i.e., 2008–2010), we                   reductions and that the area will                     the Agency made its determination
                                               determined that the San Joaquin Valley                  maintain the revoked NAAQS for 10                     based on 2008 to 2010 data from a
                                               failed to attain the 1-hour ozone                       years from the date of the EPA’s                      network of 22 ozone monitoring sites.22
                                               standard by that date.16                                approval of this showing.19 In this                   By 2015, the number of ozone
                                                  Since then, the trend towards fewer 1-               action, we are not taking action on the               monitoring sites in San Joaquin Valley
                                               hour ozone exceedance-days has                          District’s demonstration that attainment              had increased to 27, 24 of which are
                                               continued, and on February 11, 2016,                    of the 1-hour ozone standard in the San               designated as regulatory and from
                                               CARB requested that the EPA determine                   Joaquin Valley is due to permanent and                which data may be compared to the
                                               that the San Joaquin Valley has attained                enforceable emission reductions                       NAAQS.23 All of these sites monitor
                                               the 1-hour ozone standard (also referred                because it is not relevant for the                    ozone concentrations on a continuous
                                               to as a ‘‘clean data determination’’).17 As             purposes of a clean data determination,               basis using ultraviolet absorption
                                               part of its request for a clean data                    but we will consider the District’s                   monitors.
                                               determination for the 1-hour ozone                      demonstration in a separate rulemaking                   CARB or SJVAPCD operates 23 of the
                                               standard for the San Joaquin Valley,                    if and when it is supplemented with the               monitoring sites: Seven within Kern
                                               CARB submitted its own staff report and                 10-year maintenance demonstration                     County, six within Fresno County, two
                                               appendices, a letter dated July 13, 2015                element also needed to invoke the                     within Madera, San Joaquin, Stanislaus,
                                               from the District to the EPA and CARB                   redesignation substitute mechanism in                 and Tulare counties, and one within
                                               requesting a clean data determination,                  40 CFR 51.1105(b).                                    Kings and Merced counties.24 CARB
                                               the District’s staff report to support its                                                                    annually certifies that the data the
                                                                                                       II. The EPA’s Analysis
                                               clean data determination request, and                                                                         agency submits to AQS are quality-
                                               an ozone study final report prepared for                   A determination of whether an area’s               assured, including data collected by
                                               the District.18                                         air quality meets the 1-hour ozone                    CARB at monitoring sites in San Joaquin
                                                                                                       NAAQS is generally based upon three                   Valley.25 SJVAPCD does the same for
                                                  In addition to the request for a clean
                                                                                                       years of complete, quality-assured and                monitors operated by the District.26 In
                                               data determination, the District
                                                                                                       certified air quality monitoring data                 addition, the National Park Service
                                               provided documentation in its staff
                                                                                                       gathered at established State and Local               (NPS) operates two ozone monitoring
                                               report intended to support a finding that
                                                                                                       Air Monitoring Stations (SLAMS) in the                sites in Sequoia National Park in Tulare
                                               attainment of the 1-hour ozone standard
                                                                                                       nonattainment area and entered into the               County; the Tachi-Yokut Tribe operates
                                               is due to permanent and enforceable
                                                                                                       EPA’s Air Quality System (AQS)                        a monitoring site at the Santa Rosa
                                               emission reductions. In our final
                                                                                                       database.20 A determination of whether                Rancheria in Kings County; and the
                                               implementation rule for the 2008 ozone
                                                                                                       an area meets the 1-hour ozone standard               Chukchansi Indians of California
                                               standard (80 FR 12264, March 6, 2015),
                                                                                                       relies upon a review of the daily
                                               we established a mechanism, referred to                 maximum ozone levels. Under 40 CFR                      21 See 40 CFR 50.9; 40 CFR part 50, appendix H;
                                               as a ‘‘redesignation substitute,’’ through              part 50, appendix H, a daily maximum                  40 CFR part 53; 40 CFR part 58, appendices A, C,
                                               which an area may shift to contingency                  ozone level is defined to be the highest              D and E. All data are reviewed to determine the
                                               status those requirements, such as                      hourly ozone value recorded for the day.              area’s air quality status in accordance with 40 CFR
                                               penalty fee program requirements under                  This daily maximum value is
                                                                                                                                                             part 50, appendix H.
                                                                                                                                                               22 76 FR 56694, at 56698 (September 14, 2011).
                                               CAA section 185, to which an area had                   considered valid if 75 percent of the                   23 Relevant changes in the ozone monitoring
                                               remained subject under the EPA’s anti-                  hours from 9:01 a.m. to 9:00 p.m. were                network include the relocation of the Fresno–North
                                               backsliding regulations governing the                   measured or if the highest hour is                    First Street site (AQS ID: 06–019–0008)
                                                                                                       greater than the level of the standard. A             approximately 0.25 miles north to the Fresno–
                                                  15 See table A–1 in appendix A to the San Joaquin                                                          Garland site (AQS ID: 06–019–0011), the relocation
                                               Valley 2013 Plan for the Revoked 1-Hour Ozone           missing daily maximum ozone value                     of the Arvin-Bear Mountain site (AQS ID: 06–029–
                                               Standard, adopted by the District on September 19,      may be assumed to be less than the level              5001) approximately 2 miles north to the Arvin-Di
                                               2013.                                                   of the standard if the valid daily                    Giorgio site (AQS ID: 06–029–5002), and the
                                                  16 See 76 FR 82133, December 30, 2011.
                                                                                                       maxima on both the preceding day and                  establishment of new ozone monitors at Tranquility
                                                  17 See Letter from Richard W. Corey, Executive                                                             (AQS ID: 06–019–2009) in Fresno County, at
                                                                                                       the following day do not exceed 75                    Bakersfield Municipal Airport (AQS ID: 06–029–
                                               Officer, CARB, to Jared Blumenfeld, Regional
                                               Administrator, EPA Region IX, dated February 11,        percent of the NAAQS. Data from air                   2012) in Kern County, in the City of Madera (AQS
                                               2016.                                                   monitors operated by state or local                   ID: 06–039–2010) in Madera County, and in
                                                  18 See ‘‘San Joaquin Valley 1-Hour Ozone Clean       agencies in compliance with the EPA                   Porterville (AQS ID: 06–107–2010) in Tulare
                                               Data Determination’’ dated February 8, 2016,                                                                  County.
                                                                                                       monitoring requirements must be                         24 See figure 1 in SJVAPCD’s 2015 Air Monitoring
                                               prepared by CARB; ‘‘San Joaquin Valley 1-Hour
                                               Ozone Clean Data Determination—Appendices’’
                                                                                                       submitted to the AQS database.                        Network Plan (August 28, 2015) for a map of the
                                               dated February 8, 2016 prepared by CARB; letter         Monitoring agencies annually certify                  ambient air monitors in the San Joaquin Valley.
                                               from Seyed Sadredin, Executive Officer/Air              that these data are accurate to the best                25 See, e.g., letter from Ravi Ramalingam, Chief,

                                               Pollution Control Officer, San Joaquin Valley           of their knowledge. Accordingly, the                  Consumer Products and Air Quality Assessment
                                               Unified Air Pollution Control District, to Jared                                                              Branch, Air Quality Planning and Science Division,
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                                               Blumenfeld, EPA Region IX, and Richard Corey,
                                                                                                       EPA relies primarily on data in its AQS               CARB, to Deborah Jordan, Director, Air Division,
                                               CARB, dated July 13, 2015; ‘‘Attainment                                                                       U.S. EPA Region IX, certifying calendar year 2014
                                                                                                         19 40 CFR 51.1105(b).                               ambient air quality data and quality assurance data,
                                               Determination Request for the Revoked 1-Hour
                                               Ozone Standard’’ dated July 13, 2015 prepared by          20 Generally, a ‘‘complete’’ data set for           dated May 8, 2015.
                                               the San Joaquin Valley Air Pollution Control            determining attainment of the ozone standard is one     26 See, e.g., letter from Sheraz Gill, Director of

                                               District; and ‘‘Sonoma Technology, Inc., ‘‘Ozone        that includes three years of data with an average     Strategies and Incentives, letter to Deborah Jordan,
                                               Concentrations In and Around the City of Arvin,’’       percent of days with valid monitoring data greater    Director, Air Division, U.S. EPA Region IX,
                                               final report prepared for the District, May 2014        than 90 percent with no single year less than 75      certifying calendar year 2014 ambient air quality
                                               (‘‘Arvin Ozone Saturation Study’’).                     percent. See 40 CFR part 50, appendix I.              data and quality assurance data, dated July 8, 2015.



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                                                                           Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules                                                               31209

                                               operate a monitoring site at the                                  0500), are designated as non-regulatory                     Fresno County. The calculated
                                               Picayune Rancheria in Madera County.                              and not comparable to the NAAQS.                            exceedance rate of 0.7 represents
                                                                                                                    Table 1 summarizes the expected 1-                       attainment of the 1-hour ozone NAAQS
                                                 The Sequoia National Park—Ash
                                                                                                                 hour ozone exceedances, per year and as                     (a three-year average of expected
                                               Mountain (AQS ID 06–107–0009) NPS
                                                                                                                 an average over the 2012–2014 period,                       exceedances less than or equal to 1).
                                               monitoring site is designated as                                  at the regulatory monitoring sites in the
                                               regulatory and comparable to the                                                                                              Thus, taking into account the extent and
                                                                                                                 San Joaquin Valley. Generally, the                          reliability of the applicable ozone
                                               NAAQS. NPS annually certifies that the                            highest ozone concentrations in the San
                                               data it submits to AQS are quality-                                                                                           monitoring network, and the data
                                                                                                                 Joaquin Valley have occurred in the
                                               assured.27 One NPS site within Tulare                                                                                         collected and summarized in Table 1,
                                                                                                                 central and southern portions of the
                                               County, Sequoia National Park—Lower                                                                                           we propose to determine that the San
                                                                                                                 nonattainment area, but in recent years,
                                               Kaweah (AQS ID 06–107–0006), is                                   the highest ozone concentrations have                       Joaquin Valley has attained the 1-hour
                                               designated as non-regulatory and not                              occurred in the central portion of the                      ozone NAAQS (as defined in 40 CFR
                                               comparable to the NAAQS. The EPA                                  valley (i.e., within Fresno County). As                     part 50, appendix H). Preliminary 2015
                                               notes that the two monitoring sites                               shown in Table 1, the highest three-year                    data have not been certified but are
                                               located in Indian country, Santa Rosa                             average of expected exceedances at any                      consistent with the continued
                                               Rancheria (AQS ID 06–031–0500) and                                site in the San Joaquin Valley for 2012–                    attainment of the 1-hour ozone NAAQS
                                               Picayune Rancheria (AQS ID 06–019–                                2014 is 0.7 at Fresno—Sierra Skypark in                     in the San Joaquin Valley.

                                                     TABLE 1—ONE-HOUR OZONE DATA FOR THE SAN JOAQUIN VALLEY ONE-HOUR OZONE NONATTAINMENT AREA 1
                                                                                                                                                                  Expected exceedances by year                     Expected
                                                                                                                                                                                                                 exceedances
                                                                                         Site (AQS ID)                                                                                                           3-yr average
                                                                                                                                                               2012            2013               2014
                                                                                                                                                                                                                  2012–2014

                                               FRESNO COUNTY:
                                                  Clovis—Villa (06–019–5001) ....................................................................                     0.0              0.0                0.0                   0.0
                                                  Fresno—Drummond Street (06–019–0007) .............................................                                  1.0              0.0                0.0                   0.3
                                                  Fresno—Garland (06–019–0011) .............................................................                          1.0              0.0                0.0                   0.3
                                                  Fresno—Sierra Skypark (06–019–0242) ..................................................                              1.0              0.0                1.1                   0.7
                                                  Parlier (06–019–4001) ..............................................................................                1.0              0.0                0.0                   0.3
                                                  Tranquility (06–019–2009) ........................................................................                  0.0              0.0                0.0                   0.0
                                               KERN COUNTY:
                                                  Arvin—Di Giorgio (06–029–5002) ............................................................                         0.0              0.0                0.0                   0.0
                                                  Bakersfield—Muni (06–029–2012) ...........................................................                          0.0              0.0                0.0              2 0.0

                                                  Bakersfield—California (06–029–0014) ....................................................                           0.0              0.0                0.0                   0.0
                                                  Edison (06–029–0007) .............................................................................                  0.0              0.0                0.0                   0.0
                                                  Maricopa (06–029–0008) .........................................................................                    0.0              0.0                0.0                   0.0
                                                  Oildale (06–029–0232) .............................................................................                 0.0              0.0                0.0                   0.0
                                                  Shafter (06–029–6001) .............................................................................                 0.0              0.0                0.0                   0.0
                                               KINGS COUNTY:
                                                  Hanford—Irwin (06–031–1004) ................................................................                        0.0              0.0                0.0                   0.0
                                               MADERA COUNTY:
                                                  Madera—Pump Yard (06–039–0004) ......................................................                               0.0              0.0                0.0                   0.0
                                                  Madera—City (06–039–2010) ..................................................................                        0.0              0.0                0.0                   0.0
                                               MERCED COUNTY:
                                                  Merced—Coffee (06–047–0003) ..............................................................                          0.0              0.0                0.0                   0.0
                                               SAN JOAQUIN COUNTY:
                                                  Stockton—Hazelton (06–077–1002) ........................................................                            0.0              0.0                0.0                   0.0
                                                  Tracy—Airport (06–077–3005) .................................................................                       0.0              0.0                0.0                   0.0
                                               STANISLAUS COUNTY:
                                                  Modesto—14th Street (06–099–0005) .....................................................                             0.0              0.0                0.0                   0.0
                                                  Turlock (06–099–0006) ............................................................................                  0.0              0.0                0.0                   0.0
                                               TULARE COUNTY:
                                                  Porterville (06–107–2010) ........................................................................                  0.0              0.0                0.0                   0.0
                                                  Sequoia National Park—Ash Mountain (06–107–0009) ..........................                                         0.0              0.0                0.0                   0.0
                                                  Visalia—Church Street (06–107–2002) ....................................................                            0.0              0.0                0.0                   0.0
                                                  1 Source: Quicklook Report, ‘‘20160311_QLRpt_SJV_1hrO3_2012-2015.pdf,’’ March 11, 2016; and ‘‘20160411_QLRpt_SJV_1hrO3_2012-
                                               2015.xlsx,’’ April 11, 2016 (in the docket for this proposed action).
                                                  2 Based on CARB’s missing data analysis for this site, at most one exceedance could have been recorded during the first half of 2012 if the
                                               site had been operational during that period. Assuming such an exceedance had occurred, the 3-year average of expected exceedances for the
                                               2012–2014 period at the Bakersfield-Municipal Airport site would have been 0.3, which is less than the corresponding value at Fresno-Sierra
                                               Skypark (0.7) and less than the NAAQS.
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                                                 As noted above, a ‘‘complete’’ data set                         three years of data with an average                         single year less than 75 percent. Based
                                               for determining attainment of the ozone                           percent of days with valid monitoring                       on these criteria, the data summarized
                                               standard is generally one that includes                           data greater than 90 percent with no                        in Table 1 from all of the sites meet the

                                                27 See, e.g., letter from Barkley Sive, Program                  certifying 2014 ozone data, incorrectly dated April         29, 2014, received by EPA via electronic mail on
                                               Manager, NPS, to Lew Weinstock, U.S. EPA,                                                                                     April 30, 2015.



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                                               31210                  Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules

                                               criteria over the 2012 to 2014 period                   maximum 1-hour ozone concentration is                 concentrations expected at the Arvin—
                                               except for the Bakersfield—Municipal                    currently located in the Fresno                       Bear Mountain monitoring site
                                               Airport site (AQS ID: 06–029–2012).                     Metropolitan Statistical Area (MSA).                  following its closure in 2010 because it
                                               The Bakersfield—Municipal Airport site                  Between 1990 and 2007, the maximum                    had been one of the Valley sites that, in
                                               began operation on July 1, 2012 and                     1-hour ozone concentrations in the                    some prior years, recorded the highest
                                               although completeness was greater than                  Valley alternated between the                         ozone concentration in the Valley.
                                               90 percent for the period of the year it                Bakersfield MSA in the southern                       CARB conducted rank-by-rank
                                               was operating, total completeness for                   portion of the Valley and the Fresno                  regression analyses and comparisons
                                               the entire year, including the period                   MSA in the central portion of the                     using 2010 data from the Arvin—Bear
                                               prior to establishment of the monitor,                  Valley.29 In 2008 the location of the                 Mountain, Arvin—Di Giorgio, and
                                               was 48 percent. Completeness was                        maximum 1-hour ozone concentration                    Edison monitoring sites to estimate
                                               greater than 90 percent at the                          site shifted from the Bakersfield MSA                 daily maximum 1-hour ozone
                                               Bakersfield—Municipal Airport site in                   (at the Edison monitoring site for 2006–              concentrations and estimated expected
                                               2013 and 2014.                                          2007) to the Fresno MSA (at the                       exceedances at the Arvin—Bear
                                                  To address the data gap at the                       Clovis—N. Villa Avenue monitoring site                Mountain monitoring site for 2011–2015
                                               Bakersfield—Municipal Airport, CARB                     in 2008–2010), where it has remained                  had the monitor remained operational
                                               prepared a missing data analysis to                     through 2015 (at the Fresno—Sierra                    until this time. CARB’s analyses
                                               identify an upper bound on the ozone                    Skypark monitoring site in 2012–                      indicated that the Arvin—Bear
                                               concentrations and exceedance days                      2014).30 CARB provided detailed                       Mountain monitoring site would have
                                               that might have been recorded at this                   evidence that the maximum 1-hour                      attained the 1-hour ozone NAAQS in
                                               site during the first half of 2012 if it had            ozone concentrations in the Bakersfield               the 2012–2014 period and would have
                                               been operational during that time.28 To                 MSA have decreased and the location of                continued to attain the standard for
                                               identify an upper bound, CARB                           the maximum 1-hour ozone                              2013–2015 based on the most recent
                                               calculated the maximum differences                      concentration has occurred in the                     preliminary data for 2015.31 CARB’s
                                               between daily maximum 1-hour ozone                      Fresno MSA over last seven years                      analyses also concluded that the three-
                                               measurements occurring on the same                      (2008–2014).                                          year average of estimated expected
                                               days from the three surrounding sites                      CARB’s analyses suggest that the                   exceedances of 0.3 at the Arvin—Bear
                                               (Oildale, Bakersfield—California                        Valley’s topography, weather, and                     Mountain monitoring site for both the
                                               Avenue, and Edison) and the                             transport patterns strongly influence the             2012–2014 and 2013–2015 periods
                                               Bakersfield—Municipal Airport site                      geographic distribution of ozone,                     would have been less than the
                                               during the first six months of 2013 and                 resulting in lower levels in the north,               corresponding values at the Fresno—
                                               2014 and applied the maximum                            with higher levels in the central and                 Sierra Skypark monitoring site (0.7 for
                                               differences to the highest daily                        southern portions of the Valley. In                   2012–2014 and 0.4 for 2013–2015).
                                               maximum hourly concentrations                           addition, CARB’s analysis of emission
                                                                                                       inventories show decreasing trends in                    In addition to CARB’s analyses, the
                                               measured at the three nearby ozone sites                                                                      District conducted predictive regression
                                               during the first half of 2012. The results              anthropogenic emissions of nitrogen
                                                                                                       oxides and reactive organic gases                     calculations of daily maximum 1-hour
                                               showed that at most one exceedance                                                                            ozone concentrations for 2012 through
                                               could have been measured at the                         throughout the Valley from 2000 to
                                                                                                       2014, with the fastest rates of decrease              2014 at the Arvin—Bear Mountain and
                                               Bakersfield—Municipal Airport during                                                                          Arvin—Di Giorgio monitoring sites.32
                                               the first six months of 2012 if it had                  expected in the Bakersfield MSA,
                                                                                                       providing further support that the                    Although the District used different
                                               been operational during that time. Based                                                                      methods, their results are consistent
                                               on our review, we find CARB’s methods                   Valley’s design value is likely to
                                                                                                       continue to occur in the Fresno MSA.                  with the results from CARB’s analyses,
                                               for estimating an upper bound on ozone                                                                        indicating that ozone concentrations at
                                               concentrations and exceedances at the                      The Arvin—Bear Mountain
                                                                                                       monitoring site in the Bakersfield MSA                the Arvin—Bear Mountain monitoring
                                               Bakersfield—Municipal Airport site to                                                                         site would have attained the 1-hour
                                               be acceptable and agree with CARB’s                     was closed in 2010. Prior to its ceasing
                                                                                                       operation, a monitor intended to replace              ozone NAAQS during 2012–2014. The
                                               conclusions drawn from the analysis.                                                                          District’s analyses also indicate the
                                                                                                       it began operating nearby at the Arvin—
                                               Thus, we find that incompleteness of                                                                          location of the maximum 1-hour
                                                                                                       Di Giorgio site. The request to replace
                                               the 2012 data set from the Bakersfield—                                                                       concentration ozone site within the
                                                                                                       the Arvin—Bear Mountain monitoring
                                               Municipal Airport site does not                                                                               Fresno MSA and provide support for the
                                                                                                       site with the Arvin—Di Giorgio
                                               preclude an attainment determination                                                                          shift, in 2008, of the Valley’s maximum
                                                                                                       monitoring site and the EPA’s analysis
                                               for the San Joaquin Valley that relies, in                                                                    site from the Bakersfield region to the
                                                                                                       of the request are discussed in section
                                               part, on 2012 data.                                                                                           Fresno region. This is further supported
                                                                                                       II.C., below. At the time of its closure,
                                               B. Analysis of 1-Hour Ozone Trends in                   the Arvin—Bear Mountain monitoring                    by monitoring data at the Arvin—Bear
                                               the San Joaquin Valley                                  site had not recorded the maximum                     Mountain monitoring site that show that
                                                 In support of its request to EPA for a                ozone concentration in the Valley in                  in the last five years of Arvin—Bear
                                               Clean Data Determination, CARB                          more than five years. However, in order               Mountain’s monitor operation prior to
                                               submitted analyses of the 1-hour ozone                  to ensure that all sites that had been                its 2010 closure, the Valley’s maximum
                                               design value and concentration trends,                  violating the 1-hour ozone NAAQS                      1-hour ozone concentration did not
                                               along with analyses of topography,                      would be attaining the standard, CARB                 occur at the Arvin—Bear Mountain
                                                                                                                                                             monitoring site.
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                                               meteorology, and ozone precursor                        conducted a detailed analysis of the
                                               emissions in the Valley. Based on its                   daily maximum 1-hour ozone
                                                                                                                                                               31 See pp. 18–19 and Appendix B, CARB ‘‘San
                                               analyses, CARB concluded that the                         29 See                                              Joaquin Valley 1-Hour Ozone Clean Data
                                                                                                                pp. 21–22, CARB ‘‘San Joaquin Valley 1-
                                               ozone site within the Valley with the                   Hour Ozone Clean Data Determination’’ dated           Determination’’ dated February 8, 2016.
                                                                                                       February 8, 2016.                                       32 See ‘‘Attainment Determination Request for the
                                                 28 See CARB’s missing data analysis in appendix         30 See Table 9, p.22, CARB ‘‘San Joaquin Valley     Revoked 1-Hour Ozone Standard’’ dated July 13,
                                               A to ‘‘San Joaquin Valley 1-Hour Ozone Clean Data       1-Hour Ozone Clean Data Determination’’ dated         2015 prepared by the San Joaquin Valley Air
                                               Determination’’ dated February 8, 2016.                 February 8, 2016.                                     Pollution Control District.



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                                                                        Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules                                            31211

                                                 Based on our review of the submitted                   approved the relocation request based                 violated the 1-hour ozone NAAQS, then
                                               documentation, we find that CARB’s                       on a thorough review of all nearby                    the area is again required to submit such
                                               and the District’s methods and analyses                  available site options.36 Approval of the             attainment-related plans.38
                                               regarding 1-hour ozone trends in the                     replacement site for the Arvin—Bear                     The EPA is soliciting public
                                               San Joaquin Valley and estimates of                      Mountain monitoring site resolves the                 comments on the issues discussed in
                                               post-2010 ozone concentrations and                       ozone ambient air monitoring network                  this document or on other relevant
                                               expected exceedances at the Arvin—                       issue for the Bakersfield MSA. The EPA                matters. We will accept comments from
                                               Bear Mountain site to be reasonable and                  is determining that the ozone                         the public on this proposal for the next
                                               agree with the conclusions drawn                         monitoring network in the Valley is                   30 days. We will consider these
                                               therefrom.                                               adequate based on the following: The                  comments before taking final action.
                                                                                                        foregoing analyses provided by CARB
                                               C. Analysis of Monitoring Network                                                                              IV. Statutory and Executive Order
                                                                                                        and the District indicating that the
                                               Adequacy                                                                                                       Reviews
                                                                                                        Valley’s maximum 1-hour ozone
                                                 Within the San Joaquin Valley, CARB                    concentration site has shifted away from                 This action proposes to make a
                                               and the District are jointly responsible                 the Bakersfield MSA to sites located in               determination based on air quality data
                                               for assuring that the area meets air                     the Fresno MSA and that 1-hour ozone                  and does not impose additional
                                               quality monitoring requirements. The                     design values that would have occurred                requirements beyond those imposed by
                                               SLAMS network of ozone monitors in                       at the Arvin—Bear Mountain                            state law. For that reason, this proposed
                                               the Valley includes monitors operated                    monitoring site post-2010 are consistent              action:
                                               by the District and monitors operated by                 with attainment; the EPA’s approval of                   • Is not a ‘‘significant regulatory
                                               CARB. The District submits annual                        the Arvin—Bear Mountain monitoring                    action’’ subject to review by the Office
                                               monitoring network plans to the EPA.                     site relocation request; and the fact that            of Management and Budget under
                                               The District’s network plans describe                    the replacement for the Arvin—Bear                    Executive Order 12866 (58 FR 51735,
                                               the various monitoring sites operated by                 Mountain monitoring site (i.e., Arvin—                October 4, 1993);
                                               the District as well as those operated by                Di Giorgio) has been in operation since                  • Does not impose an information
                                               CARB. These plans discuss the status of                  prior to the closure of the Arvin—Bear                collection burden under the provisions
                                               the air monitoring network, as required                  Mountain monitoring site.                             of the Paperwork Reduction Act (44
                                               under 40 CFR 58.10.33                                                                                          U.S.C. 3501 et seq.);
                                                 The EPA reviews the District’s annual                  III. Proposed Action and Request for                     • Is certified as not having a
                                               network plans and conducts technical                     Public Comment                                        significant economic impact on a
                                               systems audits and has generally found                      The EPA is proposing to determine                  substantial number of small entities
                                               the combined ambient air monitoring                      that the San Joaquin Valley has attained              under the Regulatory Flexibility Act (5
                                               network meets or exceeds the                             the 1-hour ozone standard based on                    U.S.C. 601 et seq.);
                                               requirements for the minimum number                      sufficient, quality-assured and certified                • Does not contain any unfunded
                                               of SLAMS monitoring sites for ozone                      ambient air quality monitoring data for               mandate or significantly or uniquely
                                               and is in compliance with the                            the 2012–2014 monitoring period.                      affect small governments, as described
                                               applicable reporting requirements in 40                  Preliminary data for 2015 are consistent              in the Unfunded Mandates Reform Act
                                               CFR part 58 for ozone except for the                     with the continued attainment of the                  of 1995 (Pub. L. 104–4);
                                               requirement to identify a maximum                        standard in San Joaquin Valley.                          • Does not have Federalism
                                               concentration ozone site within the                         If we finalize this determination as               implications as specified in Executive
                                               Bakersfield MSA.34                                       proposed, to the extent not already                   Order 13132 (64 FR 43255, August 10,
                                                 Specifically, 40 CFR part 58 requires,                 fulfilled, the requirements for the state             1999);
                                               among other things, that at least one                    to submit attainment demonstrations                      • Is not an economically significant
                                               ozone site for each MSA must be                          and associated reasonably available                   regulatory action based on health or
                                               designated to record the maximum                         control measures, reasonable further                  safety risks subject to Executive Order
                                               concentration for that particular area.                  progress plans, contingency measures                  13045 (62 FR 19885, April 23, 1997);
                                               The closure of the Arvin—Bear                            for failure to attain or make reasonable                 • Is not a significant regulatory action
                                               Mountain site without subsequent                         progress and other plans related to                   subject to Executive Order 13211 (66 FR
                                               approval of a replacement site                           attainment of the 1-hour ozone standard               28355, May 22, 2001);
                                               prevented the designation of a                           for San Joaquin Valley shall be                          • Is not subject to requirements of
                                               maximum concentration ozone site for                     suspended until such time as the area is              section 12(d) of the National
                                               the Bakersfield MSA. On April 29, 2016,                  redesignated as attainment for the                    Technology Transfer and Advancement
                                               CARB submitted a request letter to the                   current ozone NAAQS or a                              Act of 1995 (15 U.S.C. 272 note) because
                                               EPA for the relocation of the San                        redesignation substitute for the 1-hour               application of those requirements would
                                               Joaquin Valley Arvin—Bear Mountain                       ozone standard is approved, at which                  be inconsistent with the CAA; and,
                                               ozone air monitoring site to the Arvin—                  time the requirements no longer                          • Does not provide the EPA with the
                                               Di Giorgio air monitoring site, which is                 apply.37 If, however, prior to such                   discretionary authority to address, as
                                               2.2 miles away and began operation                       redesignation or approval of such                     appropriate, disproportionate human
                                               prior to closure of the Arvin—Bear                       redesignation substitute, the EPA                     health or environmental effects, using
                                               Mountain site.35 On May 2, 2016, EPA                     determines that San Joaquin Valley has                practicable and legally permissible
                                                                                                                                                              methods, under Executive Order 12898
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                                                  33 See SJVAPCD’s ‘‘2015 Air Monitoring Network        Air Resources Board, to Meredith Kurpius,             (59 FR 7629, February 16, 1994).
                                               Plan’’, dated August 28, 2015.                           Manager, Air Quality Analysis Office, EPA Region         In addition, this proposed clean data
                                                  34 See, e.g., letter from Deborah Jordan, Director,   IX, dated April 29, 2016.                             determination does not have tribal
                                               Air Division, EPA Region IX, to James Goldstene,           36 See letter from Meredith Kurpius, Manager, Air
                                                                                                                                                              implications as specified by Executive
                                               Executive Officer, California Air Resources Board,       Quality Analysis Office, EPA Region IX, to Karen
                                               dated October 22, 2012, transmitting the findings        Magliano, Chief, Air Quality Planning and Science
                                                                                                                                                              Order 13175 (65 FR 67249, November 9,
                                               from the EPA’s 2011 Technical Systems Audit.             Division, California Air Resources Board, dated       2000), and will not impose substantial
                                                  35 See letter from Karen Magliano, Chief, Air         May 2, 2016.
                                               Quality Planning and Science Division, California          37 See 40 CFR 51.1118.                                38 Id.




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                                               31212                  Federal Register / Vol. 81, No. 96 / Wednesday, May 18, 2016 / Proposed Rules

                                               direct costs on tribal governments or                   The EPA may publish any comment                       V. Summary of Changes to Budgets and the
                                               preempt tribal law.                                     received to its public docket. Do not                      EPA’s Analysis of the State’s Submittal
                                                                                                       submit electronically any information                   A. Review of Revised Budgets for the 1997
                                               List of Subjects in 40 CFR Part 52                                                                                 8-Hour Ozone Standard
                                                                                                       you consider to be Confidential
                                                 Environmental protection, Air                         Business Information (CBI) or other                     B. Review of Revised Budgets for the 2006
                                               pollution control, Incorporation by                     information whose disclosure is                            24-Hour PM2.5 Standard
                                               reference, Intergovernmental relations,                 restricted by statute. Multimedia                       C. Review of Revised Budgets for the 24-
                                               Oxides of nitrogen, Ozone, Volatile                                                                                Hour PM10 Standard
                                                                                                       submissions (audio, video, etc.) must be
                                               organic compounds.                                                                                            VI. Proposed Action and Request for Public
                                                                                                       accompanied by a written comment.
                                                                                                                                                                  Comment
                                                 Dated: May 3, 2016.                                   The written comment is considered the                 VII. Statutory and Executive Order Reviews
                                               Jared Blumenfeld,                                       official comment and should include
                                               Regional Administrator, Region IX.                      discussion of all points you wish to                  I. What action is the EPA proposing?
                                                                                                       make. The EPA will generally not
                                               [FR Doc. 2016–11630 Filed 5–17–16; 8:45 am]                                                                      The EPA is proposing action on a SIP
                                                                                                       consider comments or comment
                                               BILLING CODE 6560–50–P
                                                                                                       contents located outside of the primary               revision submitted by the State of
                                                                                                       submission (i.e., on the Web, cloud, or               California (‘‘State’’) on November 13,
                                                                                                       other file sharing system). For                       2015. The SIP submittal revises budgets
                                               ENVIRONMENTAL PROTECTION                                                                                      applicable to control strategy or
                                               AGENCY                                                  additional submission methods, the full
                                                                                                       EPA public comment policy,                            maintenance plans for the SJV for three
                                                                                                       information about CBI or multimedia                   different NAAQS. We are proposing to
                                               40 CFR Part 52
                                                                                                       submissions, and general guidance on                  approve revised budgets for the 1997 8-
                                               [EPA–R09–OAR–2015–0711; FRL–9946–60–                    making effective comments, please visit               hour ozone standard and the 2006 24-
                                               Region 9]                                                                                                     hour PM2.5 standard. We are also
                                                                                                       http://www2.epa.gov/dockets/
                                                                                                       commenting-epa-dockets.                               proposing to conditionally approve
                                               Approval and Promulgation of                                                                                  revised budgets for the 1987 24-hour
                                               Implementation Plans; California; San                      Docket: The index to the docket and
                                                                                                       documents in the docket for this action               PM10 standard. Should the EPA later
                                               Joaquin Valley; Revisions to Motor                                                                            finalize the revised budgets as proposed
                                               Vehicle Emissions Budgets for Ozone                     are generally available electronically at
                                                                                                       www.regulations.gov and in hard copy                  herein, they will replace the SJV’s
                                               and Particulate Matter                                                                                        existing budgets for the 1997 8-hour
                                                                                                       at EPA Region IX, 75 Hawthorne Street,
                                               AGENCY:  Environmental Protection                       San Francisco, California. While all                  ozone standard, the 2006 24-hour PM2.5
                                               Agency.                                                 documents in the docket are listed at                 standard, and the 1987 24-hour PM10
                                               ACTION: Proposed rule.                                  www.regulations.gov, some information                 standard. At that time, the previously-
                                                                                                       may be publicly available only at the                 approved or adequate budgets would no
                                               SUMMARY:   The Environmental Protection                 hard copy location (e.g., copyrighted                 longer be applicable for transportation
                                               Agency (EPA) is proposing to approve                    material, large maps), and some may not               conformity purposes, and the revised
                                               and conditionally approve revisions to                  be publicly available in either location              budgets would need to be used as of the
                                               the State of California’s State                         (e.g., CBI). To inspect the hard copy                 effective date of the final approval.
                                               Implementation Plan (SIP) for the San                   materials, please schedule an                         II. Background
                                               Joaquin Valley (SJV) area. The revisions                appointment during normal business
                                               consist of an update to the Motor                       hours with the contact listed in the FOR              A. Standards Applicable to Today’s
                                               Vehicle Emissions Budgets (‘‘budgets’’)                 FURTHER INFORMATION CONTACT section.                  Action
                                               for nitrogen oxides (NOX) and volatile                  FOR FURTHER INFORMATION CONTACT:
                                               organic compounds (VOCs) for the 1997                                                                            In 1997, the EPA revised the ozone
                                                                                                       Karina O’Connor, Air Planning Office
                                               8-hour ozone national ambient air                                                                             standard to set the acceptable level of
                                                                                                       (AIR–2), U.S. Environmental Protection
                                               quality standard (NAAQS or                                                                                    ozone in the ambient air at 0.08 parts
                                                                                                       Agency, Region IX, (775) 434–8176,
                                               ‘‘standard’’) for the SJV ozone                                                                               per million, averaged over an 8-hour
                                                                                                       oconnor.karina@epa.gov.
                                               nonattainment area; for NOX and fine                                                                          period. 62 FR 38856 (July 18, 1997).1 On
                                                                                                       SUPPLEMENTARY INFORMATION:                            April 15, 2004, the EPA designated the
                                               particulate matter (PM2.5) for the 2006                 Throughout this document, whenever
                                               24-hour PM2.5 standard for the SJV                                                                            SJV as nonattainment for the 1997 8-
                                                                                                       ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           hour ozone standard and classified the
                                               PM2.5 nonattainment area; and for NOX                   the EPA. This SUPPLEMENTARY
                                               and course particulate matter (PM10) for                                                                      area as ‘‘Serious’’ under CAA section
                                                                                                       INFORMATION section is arranged as                    181(a)(1) and 40 CFR 51.903(a), Table 1.
                                               the 1987 24-hour PM10 standard for the                  follows:
                                               SJV PM10 maintenance area. The EPA is                                                                         See 69 FR 23858 at 23888–89 (April 30,
                                               proposing to approve the SJV ozone and                  Table of Contents                                     2004) and 40 CFR 81.305. In 2007,
                                               PM2.5 revised budgets and conditionally                                                                       California requested that the EPA
                                                                                                       I. What action is the EPA proposing?
                                               approve the PM10 budgets in accordance                  II. Background                                        reclassify the SJV from ‘‘Serious’’ to
                                               with the requirements of the Clean Air                     A. Standards Applicable to Today’s Action          ‘‘Extreme’’ nonattainment for the 1997
                                               Act (CAA or ‘‘Act’’) and the EPA’s                         B. SIP Budgets and Transportation                  8-hour ozone standard under CAA
                                               regulations.                                                  Conformity                                      section 181(b)(3). We granted
                                                                                                          C. What is the EMFAC model?                        California’s request on May 5, 2010 and
                                               DATES:  Comments must be received on                       D. What versions of EMFAC are currently            reclassified the SJV to Extreme for the
                                               or before June 17, 2016.
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                                                                                                             in use in California?
                                               ADDRESSES: Submit your comments,                           E. What changes does EMFAC2014 reflect?               1 In 2008, the EPA revised and further
                                               identified by Docket ID No. EPA–R09–                       F. Existing Adequate or Approved Budgets
                                                                                                                                                             strengthened the 8-hour ozone standard by setting
                                               OAR–2015–0711 at http://                                   G. Submission of Revised Budgets Based             the acceptable level of ozone in the ambient air at
                                                                                                             on EMFAC2014                                    0.075 ppm, averaged over an 8-hour period (‘‘2008
                                               www.regulations.gov. Follow the online                  III. CAA Procedural and Administrative                8-hour ozone standard’’). 73 FR 16436 (March 27,
                                               instructions for submitting comments.                         Requirements for SIP Submittals                 2008). In 2015, the EPA further tightened the 8-hour
                                               Once submitted, comments cannot be                      IV. What are the criteria for approval of             ozone standard to 0.070 ppm. 80 FR 65292 (October
                                               edited or removed from Regulations.gov.                       revised budgets?                                26, 2015).



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Document Created: 2016-05-18 00:06:41
Document Modified: 2016-05-18 00:06:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesAny comments must arrive by June 17, 2016.
ContactAnita Lee, (415) 972-3958, or by email at [email protected]
FR Citation81 FR 31206 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone and Volatile Organic Compounds

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