81_FR_70579 81 FR 70382 - Determination of Attainment of the 2008 Ozone National Ambient Air Quality Standards; Eastern San Luis Obispo, California

81 FR 70382 - Determination of Attainment of the 2008 Ozone National Ambient Air Quality Standards; Eastern San Luis Obispo, California

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 197 (October 12, 2016)

Page Range70382-70385
FR Document2016-24489

The Environmental Protection Agency (EPA) is proposing to determine that the San Luis Obispo County (Eastern San Luis Obispo) ozone nonattainment area (NAA) has attained the 2008 ozone National Ambient Air Quality Standards (NAAQS or ``standards'') by the applicable attainment date of July 20, 2016. This determination is based on complete, quality-assured and certified data for the 3-year period preceding that attainment date. If the determination is finalized, the Eastern San Luis Obispo NAA will not be reclassified to a higher ozone classification.

Federal Register, Volume 81 Issue 197 (Wednesday, October 12, 2016)
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Proposed Rules]
[Pages 70382-70385]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24489]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0543 FRL-9953-91-Region 9]


Determination of Attainment of the 2008 Ozone National Ambient 
Air Quality Standards; Eastern San Luis Obispo, 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 Luis Obispo County (Eastern San Luis Obispo) 
ozone nonattainment area (NAA) has attained the 2008 ozone National 
Ambient Air Quality Standards (NAAQS or ``standards'') by the 
applicable attainment date of July 20, 2016. This determination is 
based on complete, quality-assured and certified data for the 3-year 
period preceding that attainment date. If the determination is 
finalized, the Eastern San Luis Obispo NAA will not be reclassified to 
a higher ozone classification.

DATES: Any comments must arrive by November 14, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0543 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 full 
EPA public comment 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: Nancy Levin, (415) 972-3848, 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. What is the background for this action?
    A. Ozone NAAQS, Area Designations and Classifications
    B. Relevant Statutory and Regulatory Requirements
    C. Ambient Air Quality Monitoring Data
II. What is the EPA's analysis of the relevant air quality data?
    A. Monitoring Network and Data Considerations
    B. Evaluation of the Ambient Air Quality Data
III. What is the effect of this action?
IV. Proposed Action and Public Comment
V. Statutory and Executive Order Reviews

I. What is the background for this action?

A. Ozone NAAQS, Area Designations and Classifications

    The Clean Air Act (CAA or ``Act'') requires the EPA to establish 
national primary and secondary 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 the 1970s, the EPA promulgated primary and secondary ozone 
standards, based on a 1-hour average; and, in 1997, we replaced the 1-
hour ozone standards with primary and secondary 8-hour ozone standards. 
In 2008, we tightened the 8-hour ozone standards to the level of 0.075 
parts per million (ppm), daily

[[Page 70383]]

maximum 8-hour average.\2\ See 73 FR 16436 (March 27, 2008); 40 CFR 
50.15. Since the primary and secondary ozone standards are the same, we 
refer to them herein using the singular ``2008 ozone standard.'' The 
2008 ozone standard is met at an ambient air quality monitoring site 
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.075 ppm, as 
determined in accordance with 40 CFR part 50, appendix P.
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    \1\ See sections 108 and 109 of the Act. Primary standards 
represent ambient air quality standards the attainment and 
maintenance of which the EPA has determined, including a margin of 
safety, are requisite to protect the public health. Secondary 
standards represent ambient air quality standards the attainment and 
maintenance of which the EPA has determined are requisite to protect 
the public welfare from any known or anticipated adverse effects 
associated with the presence of such air pollutant in the ambient 
air. CAA section 109(b).
    \2\ In 2015, we tightened the ozone standards even further and 
established 0.070 ppm, 8-hour average, as the new ozone NAAQS. 80 FR 
65292 (October 26, 2015). While the 1979 1-hour ozone NAAQS and 1997 
8-hour ozone NAAQS have been revoked, the 2008 ozone NAAQS remains 
in effect.
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    The EPA designated NAAs for the 2008 ozone standard on May 21, 
2012, effective July 20, 2012 (77 FR 30088). In that action, the EPA 
classified by operation of law the eastern portion of San Luis Obispo 
County, CA (Eastern San Luis Obispo) NAA as ``Marginal.'' \3\ The 
original attainment date for the 2008 ozone standard for this Marginal 
ozone NAA was as expeditious as practicable but not later than July 20, 
2015. See 40 CFR 51.1103.
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    \3\ San Luis Obispo County is the northern-most county within 
the air basin designated by California as the South Central Coast 
Air Basin. The NAA encompasses roughly the eastern half of San Luis 
Obispo County.
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    In May 2016, the EPA granted the State of California a 1-year 
extension of the attainment date for Eastern San Luis Obispo, thereby 
extending the applicable attainment date for that area from July 20, 
2015 to July 20, 2016.\4\
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    \4\ 81 FR 26697 (May 4, 2016).
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B. Relevant Statutory and Regulatory Requirements

    Section 181(b)(2)(A) of the CAA requires that within six months 
following the applicable attainment date, the EPA will determine 
whether an ozone NAA attained the ozone standard based on the area's 
design value as of that date. The design value is a statistic that 
describes the air quality status of a given location relative to the 
level of the NAAQS. For the purpose of comparison with the 2008 ozone 
standard, the design value for a site is the 3-year average of the 
annual fourth highest daily maximum 8-hour average ozone 
concentrations.

C. Ambient Air Quality Monitoring Data

    A determination of whether an area's air quality meets the 2008 
ozone NAAQS is generally based upon three consecutive calendar years of 
complete, quality-assured data measured at established State and Local 
Air Monitoring Stations (SLAMS) in the NAA and entered into the EPA Air 
Quality System (AQS) database. Data from ambient air monitoring sites 
operated by state or local agencies in compliance with EPA monitoring 
requirements must be submitted to AQS. Heads of monitoring agencies 
annually certify that these data are accurate to the best of their 
knowledge. Accordingly, the EPA relies primarily on data in AQS when 
determining the attainment status of an area. See 40 CFR 50.15; 40 CFR 
part 50, appendix P; 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 P.
    The 2008 ozone standard is met at an ambient air quality monitoring 
site when the design value is less than or equal to 0.075 ppm, as 
determined in accordance with 40 CFR part 50, appendix P. See 40 CFR 
50.15. When the design value is less than or equal to 0.075 ppm (based 
on the rounding convention in 40 CFR part 50, appendix P) at each 
monitoring site within the area, then the area is meeting the NAAQS. 
The data completeness requirement is met when the 3-year average 
percent of days with valid monitoring data is at least 90%, and no 
single year has less than 75% data completeness as determined in 
accordance with 40 CFR part 50, appendix P.

II. What is the EPA's analysis of the relevant air quality data?

A. Monitoring Network and Data Considerations

    The California Air Resources Board (CARB) and local air pollution 
control districts and air quality management districts (``districts'') 
operate ambient air monitoring stations throughout the State of 
California. CARB is the lead monitoring agency in the Primary Quality 
Assurance Organization (PQAO) that includes all the monitoring agencies 
in the State with a few exceptions.5 6 There are two ozone 
SLAMS (referred to as the Red Hills and Carrizo Plains sites) within 
the Eastern San Luis Obispo ozone NAA, and the San Luis Obispo County 
Air Pollution Control District (SLOCAPCD) operates both sites. CARB is 
the PQAO for the two Eastern San Luis Obispo monitoring sites.
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    \5\ PQAO means a monitoring organization, a group of monitoring 
organizations or other organization that is responsible for a set of 
stations that monitor the same pollutant and for which data quality 
assessments can be pooled. Each criteria pollutant sampler/monitor 
at a monitoring station must be associated with only one PQAO. (40 
CFR 58.1).
    \6\ The Bay Area Air Quality Management District, the South 
Coast Air Quality Management District and the San Diego Air 
Pollution Control District are each designated as the PQAO for their 
respective ambient air monitoring programs.
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    All state and local air monitoring agencies are required to submit 
annual monitoring network plans to the EPA.\7\ An annual monitoring 
network plan discusses the status of the air monitoring network, as 
required under 40 CFR part 58.10. The SLOCAPCD submits the annual 
monitoring network plan for all sites in San Luis Obispo County.\8\
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    \7\ See 40 CFR 58.10(a)(1).
    \8\ CARB 2015 Monitoring Network Assessment, September 2015, 
pages 2-3.
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    Since 2007, the EPA has regularly reviewed these annual monitoring 
network plans for compliance with the applicable reporting requirements 
in 40 CFR part 58. With respect to ozone, the EPA found that the area's 
annual monitoring network plans meet the applicable requirements under 
40 CFR part 58. See EPA letters to SLOCAPCD approving its annual 
monitoring network plans for the years 2013, 2014, and 2015.\9\
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    \9\ Letters from Meredith Kurpius, Manager, Air Quality Analysis 
Office, EPA Region IX, to Larry Allen, Air Pollution Control 
Officer, SLOCAPCD, dated December 11, 2013, October 27, 2014 and 
October 26, 2015.
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    The EPA also concluded from its Technical System Audit (TSA) of the 
CARB PQAO (conducted during Summer 2015), that the combined ambient air 
monitoring network operated by CARB and the local air districts in its 
PQAO (which includes SLOCAPCD) currently meets or exceeds the 
requirements for the minimum number of SLAMS for the 2008 ozone 
standard.\10\ All of the monitoring sites in the PQAO are reviewed with 
respect to monitoring objectives, spatial scales and other site 
criteria as required by 40 CFR part 58, appendix D.
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    \10\ Letter from Elizabeth J. Adams, Acting Director, Air 
Division, EPA Region IX, to Richard Corey, Executive Officer, CARB, 
dated August 31, 2016, transmitting findings of the EPA's 2015 TSA 
of the CARB's ambient air monitoring program.
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    CARB oversees the quality assurance of all data collected within 
the CARB PQAO. The SLOCAPCD annually certifies that the data it submits 
to AQS for its monitoring sites are complete and quality-assured.\11\
---------------------------------------------------------------------------

    \11\ See, e.g., letter from Larry Allen, Air Pollution Control 
Officer, SLOCAPCD, to Alexis Strauss, Acting Regional Administrator, 
EPA Region IX, regarding 2015 Annual SLAMS Data Certification, 
certifying calendar year 2015 ambient air quality data and quality 
assurance data, April 19, 2016.
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    As noted above, there are two ozone SLAMS monitoring sites 
operating within the Eastern San Luis Obispo NAA. These sites monitor 
ozone concentrations on a continuous basis

[[Page 70384]]

using EPA reference or equivalent methods.\12\
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    \12\ See the San Luis Obispo County APCD's Annual Network Plan 
Report (July 2015).
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    Lastly, consistent with the requirements contained in 40 CFR part 
50, the EPA has reviewed the quality-assured and certified ozone 
ambient air monitoring data, as recorded in AQS for the applicable 
monitoring period, collected at the monitoring sites in the Eastern San 
Luis Obispo NAA for completeness. The EPA has determined that the data 
are complete.\13\ For the two ozone monitoring sites in Eastern San 
Luis Obispo, daily maximum 8-hour average concentrations are available 
for at least 90% of the days within the ozone monitoring season, on 
average for the 2013-2015 period, and daily maximum 8-hour average 
concentrations are available for at least 75% of the days within the 
ozone monitoring season for each individual year within that period.
---------------------------------------------------------------------------

    \13\ See EPA, Air Quality System, Design Value Report, July 25, 
2016.
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B. Evaluation of the Ambient Air Quality Data

    As noted above, the applicable attainment date for the Eastern San 
Luis Obispo ozone NAA is July 20, 2016, and under CAA section 
181(b)(2)(A), the EPA must determine whether the area attained the 2008 
ozone standard by that date. To do so, we must review the ozone data 
for the three calendar years immediately prior to the attainment date, 
and, for a 2016 attainment date, the relevant years are 2013, 2014 and 
2015. Table 1 shows the fourth-highest daily maximum 8-hour ozone 
concentrations for 2013 through 2015 at both sites in the Eastern San 
Luis Obispo area and shows the design values for the 2013-2015 period. 
The design value for a given area is based on the monitoring site with 
the highest design value. In this case, the design value for 2013-2015 
for the Eastern San Luis Obispo ozone NAA is at the Red Hills site and 
is 0.073 ppm, which is less than the standard (i.e. 0.075 ppm). 
Therefore, we are proposing to determine, based on the complete, 
quality-assured and certified data for 2013-2015, that the Eastern San 
Luis Obispo ozone NAA has attained the 2008 ozone standard by the 
applicable attainment date of July 20, 2016.

             Table 1--2013-2015 Ozone Design Values at Sites Within the Eastern San Luis Obispo NAA
----------------------------------------------------------------------------------------------------------------
                                                     Fourth-highest daily maximum 8-hour ozone
                                    AQS Site                    concentration (ppm)                Design value
        Monitoring site          identification  ------------------------------------------------   (2013-2015)
                                       No.             2013            2014            2015
----------------------------------------------------------------------------------------------------------------
Red Hills.....................       06-079-8005           0.075           0.073           0.072           0.073
Carrizo Plains................       06-079-8006           0.067           0.068           0.068           0.067
----------------------------------------------------------------------------------------------------------------
Source: EPA AQS Quick Look Report (AMP450), August 10, 2016.

III. What is the effect of this action?

    If the EPA finalizes its proposed determination that the Eastern 
San Luis Obispo NAA has attained the 2008 ozone NAAQS by the applicable 
attainment date of July 20, 2016, the area would no longer be subject 
to reclassification as a Moderate area for the 2008 ozone standard. 
Moreover, the determination of attainment by the applicable attainment 
date would discharge EPA's obligation, under CAA section 181(b)(2)(A), 
to determine whether this area attained the standard by its applicable 
attainment date. This determination of attainment would, however, not 
constitute a redesignation to attainment. Under CAA section 
107(d)(3)(E), redesignations to attainment require states to meet a 
number of additional statutory criteria including EPA's approval of a 
SIP revision demonstrating maintenance of the standard for 10 years 
after redesignation. The designation status of the Eastern San Luis 
Obispo area remains nonattainment for the 2008 ozone NAAQS until such 
time as the EPA determines that the area meets the CAA requirements for 
redesignation to attainment.

IV. Proposed Action and Public Comment

    The EPA is proposing to determine that the Eastern San Luis Obispo 
ozone NAA has attained the 2008 ozone standard by the applicable 
attainment date of July 20, 2106, based on complete, quality-assured 
and certified ambient air quality monitoring data for the 2013-2015 
monitoring period. If finalized as proposed, the Eastern San Luis 
Obispo ozone NAA will not be reclassified to a higher classification 
for the 2008 ozone standard.
    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.

V. Statutory and Executive Order Reviews

    The action proposed herein is a determination based on air quality 
data and does not impose additional requirements beyond those imposed 
by state law. For that reason, the 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 the 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

[[Page 70385]]

     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 rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it will not impose substantial 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.

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

    Dated: September 28, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-24489 Filed 10-11-16; 8:45 am]
BILLING CODE 6560-50-P



                                                    70382               Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules

                                                    part identified within §§ 219.8 through                   (2) Which specific requirements                     discussion of all points you wish to
                                                    219.11.                                                 within §§ 219.8 through 219.11 apply to               make. The EPA will generally not
                                                       (c) Amendment of a plan developed                    the amendment and how they were                       consider comments or comment
                                                    or revised under a prior planning rule.                 applied.                                              contents located outside of the primary
                                                    (1) An amendment of a plan developed                    *     *    *     *    *                               submission (i.e., on the Web, cloud or
                                                    or revised under a prior planning rule                                                                        other file sharing system). For
                                                                                                              Dated: October 6, 2016.
                                                    is not required to bring the amended                                                                          additional submission methods, please
                                                    plan into compliance with all of the                    Thomas L. Tidwell,                                    contact the person identified in the FOR
                                                    requirements of §§ 219.8 through                        Chief, Forest Service.                                FURTHER INFORMATION CONTACT section.
                                                    219.11.                                                 [FR Doc. 2016–24654 Filed 10–11–16; 8:45 am]          For the full EPA public comment policy,
                                                       (2) If the proposed amendment would                  BILLING CODE 3411–15–P                                information about CBI or multimedia
                                                    remove direction required by the prior                                                                        submissions, and general guidance on
                                                    planning regulation, the responsible                                                                          making effective comments, please visit
                                                    official must apply the directly related                ENVIRONMENTAL PROTECTION                              http://www2.epa.gov/dockets/
                                                    requirements within §§ 219.8 through                    AGENCY                                                commenting-epa-dockets.
                                                    219.11.                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                       (3) If species of conservation concern               40 CFR Part 52                                        Nancy Levin, (415) 972–3848, or by
                                                    (SCC) have not been identified for the                                                                        email at levin.nancy@epa.gov.
                                                                                                            [EPA–R09–OAR–2016–0543 FRL–9953–91–
                                                    plan area, the responsible official must                Region 9]                                             SUPPLEMENTARY INFORMATION:
                                                    use the regional forester sensitive
                                                    species list in lieu of SCC when                                                                              Throughout this document whenever
                                                                                                            Determination of Attainment of the                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                    applying the requirements of § 219.9(b)                 2008 Ozone National Ambient Air
                                                    to a plan amendment for a plan                                                                                the EPA.
                                                                                                            Quality Standards; Eastern San Luis
                                                    developed or revised under a prior                      Obispo, California                                    Table of Contents
                                                    planning regulation.
                                                                                                            AGENCY:  Environmental Protection                     I. What is the background for this action?
                                                    ■ 8. Amend § 219.14 as follows:
                                                                                                                                                                     A. Ozone NAAQS, Area Designations and
                                                    ■ a. Revise the introductory text to                    Agency (EPA).                                              Classifications
                                                    paragraph (a);                                          ACTION: Proposed rule.                                   B. Relevant Statutory and Regulatory
                                                    ■ b. Remove paragraph (a)(2);                                                                                      Requirements
                                                    ■ c. Redesignate paragraphs (a)(3)                      SUMMARY:    The Environmental Protection                 C. Ambient Air Quality Monitoring Data
                                                    through (6) as paragraphs (a)(2) through                Agency (EPA) is proposing to determine                II. What is the EPA’s analysis of the relevant
                                                    (5), respectively;                                      that the San Luis Obispo County                            air quality data?
                                                    ■ d. Redesignate paragraph (b) as                       (Eastern San Luis Obispo) ozone                          A. Monitoring Network and Data
                                                    paragraph (d) and add new paragraph                     nonattainment area (NAA) has attained                      Considerations
                                                    (b);                                                    the 2008 ozone National Ambient Air                      B. Evaluation of the Ambient Air Quality
                                                    ■ e. Add paragraph (c).                                 Quality Standards (NAAQS or                                Data
                                                                                                                                                                  III. What is the effect of this action?
                                                       The revisions and additions read as                  ‘‘standards’’) by the applicable                      IV. Proposed Action and Public Comment
                                                    follows:                                                attainment date of July 20, 2016. This                V. Statutory and Executive Order Reviews
                                                                                                            determination is based on complete,
                                                    § 219.14 Decision document and planning                                                                       I. What is the background for this
                                                    records.
                                                                                                            quality-assured and certified data for the
                                                                                                            3-year period preceding that attainment               action?
                                                      (a) Decision document approving a                     date. If the determination is finalized,
                                                    new plan, plan amendment, or revision.                                                                        A. Ozone NAAQS, Area Designations
                                                                                                            the Eastern San Luis Obispo NAA will                  and Classifications
                                                    The responsible official shall record                   not be reclassified to a higher ozone
                                                    approval of a new plan, plan                            classification.                                         The Clean Air Act (CAA or ‘‘Act’’)
                                                    amendment, or revision in a decision                                                                          requires the EPA to establish national
                                                    document prepared according to Forest                   DATES:  Any comments must arrive by                   primary and secondary standards for
                                                    Service NEPA procedures (36 CFR part                    November 14, 2016.                                    certain widespread pollutants, such as
                                                    220). The decision document must                        ADDRESSES: Submit your comments,                      ozone, that cause or contribute to air
                                                    include:                                                identified by Docket ID No. EPA–R09–                  pollution that is reasonably anticipated
                                                    *     *     *    *     *                                OAR–2016–0543 at http://                              to endanger public health or welfare.1 In
                                                      (b) Decision document for a new plan                  www.regulations.gov, or via email to                  the 1970s, the EPA promulgated
                                                    or plan revision. In addition to meeting                levin.nancy@epa.gov. For comments                     primary and secondary ozone standards,
                                                    the requirements of paragraph (a) of this               submitted at Regulations.gov, follow the              based on a 1-hour average; and, in 1997,
                                                    section, the decision document must                     online instructions for submitting                    we replaced the 1-hour ozone standards
                                                    include an explanation of how the plan                  comments. Once submitted, comments                    with primary and secondary 8-hour
                                                    components meet the sustainability                      cannot be edited or removed from                      ozone standards. In 2008, we tightened
                                                    requirements of § 219.8, the diversity                  Regulations.gov. For either manner of                 the 8-hour ozone standards to the level
                                                    requirements of § 219.9, the multiple                   submission, the EPA may publish any                   of 0.075 parts per million (ppm), daily
                                                    use requirements of § 219.10, and the                   comment received to its public docket.
                                                    timber requirements of § 219.11;                        Do not submit electronically any                         1 See sections 108 and 109 of the Act. Primary
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                      (c) Decision document for a plan                      information you consider to be                        standards represent ambient air quality standards
                                                                                                                                                                  the attainment and maintenance of which the EPA
                                                    amendment. In addition to meeting the                   Confidential Business Information (CBI)               has determined, including a margin of safety, are
                                                    requirements of paragraph (a) of this                   or other information whose disclosure is              requisite to protect the public health. Secondary
                                                    section, the decision document must                     restricted by statute. Multimedia                     standards represent ambient air quality standards
                                                    explain how the responsible official                    submissions (audio, video, etc.) must be              the attainment and maintenance of which the EPA
                                                                                                                                                                  has determined are requisite to protect the public
                                                    determined:                                             accompanied by a written comment.                     welfare from any known or anticipated adverse
                                                      (1) The scope and scale of the plan                   The written comment is considered the                 effects associated with the presence of such air
                                                    amendment; and                                          official comment and should include                   pollutant in the ambient air. CAA section 109(b).



                                               VerDate Sep<11>2014   14:00 Oct 11, 2016   Jkt 241001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\12OCP1.SGM   12OCP1


                                                                        Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules                                                        70383

                                                    maximum 8-hour average.2 See 73 FR                      NAA and entered into the EPA Air                         Control District (SLOCAPCD) operates
                                                    16436 (March 27, 2008); 40 CFR 50.15.                   Quality System (AQS) database. Data                      both sites. CARB is the PQAO for the
                                                    Since the primary and secondary ozone                   from ambient air monitoring sites                        two Eastern San Luis Obispo monitoring
                                                    standards are the same, we refer to them                operated by state or local agencies in                   sites.
                                                    herein using the singular ‘‘2008 ozone                  compliance with EPA monitoring                              All state and local air monitoring
                                                    standard.’’ The 2008 ozone standard is                  requirements must be submitted to                        agencies are required to submit annual
                                                    met at an ambient air quality monitoring                AQS. Heads of monitoring agencies                        monitoring network plans to the EPA.7
                                                    site when the 3-year average of the                     annually certify that these data are                     An annual monitoring network plan
                                                    annual fourth-highest daily maximum 8-                  accurate to the best of their knowledge.                 discusses the status of the air
                                                    hour average ozone concentration is less                Accordingly, the EPA relies primarily                    monitoring network, as required under
                                                    than or equal to 0.075 ppm, as                          on data in AQS when determining the                      40 CFR part 58.10. The SLOCAPCD
                                                    determined in accordance with 40 CFR                    attainment status of an area. See 40 CFR                 submits the annual monitoring network
                                                    part 50, appendix P.                                    50.15; 40 CFR part 50, appendix P; 40                    plan for all sites in San Luis Obispo
                                                       The EPA designated NAAs for the                      CFR part 53; 40 CFR part 58, appendices                  County.8
                                                    2008 ozone standard on May 21, 2012,                    A, C, D and E. All data are reviewed to                     Since 2007, the EPA has regularly
                                                    effective July 20, 2012 (77 FR 30088). In               determine the area’s air quality status in               reviewed these annual monitoring
                                                    that action, the EPA classified by                      accordance with 40 CFR part 50,                          network plans for compliance with the
                                                    operation of law the eastern portion of                 appendix P.                                              applicable reporting requirements in 40
                                                    San Luis Obispo County, CA (Eastern                        The 2008 ozone standard is met at an                  CFR part 58. With respect to ozone, the
                                                    San Luis Obispo) NAA as ‘‘Marginal.’’ 3                 ambient air quality monitoring site                      EPA found that the area’s annual
                                                    The original attainment date for the                    when the design value is less than or                    monitoring network plans meet the
                                                    2008 ozone standard for this Marginal                   equal to 0.075 ppm, as determined in                     applicable requirements under 40 CFR
                                                    ozone NAA was as expeditious as                         accordance with 40 CFR part 50,                          part 58. See EPA letters to SLOCAPCD
                                                    practicable but not later than July 20,                 appendix P. See 40 CFR 50.15. When                       approving its annual monitoring
                                                    2015. See 40 CFR 51.1103.                               the design value is less than or equal to                network plans for the years 2013, 2014,
                                                       In May 2016, the EPA granted the                     0.075 ppm (based on the rounding                         and 2015.9
                                                    State of California a 1-year extension of               convention in 40 CFR part 50, appendix                      The EPA also concluded from its
                                                    the attainment date for Eastern San Luis                P) at each monitoring site within the                    Technical System Audit (TSA) of the
                                                    Obispo, thereby extending the                           area, then the area is meeting the                       CARB PQAO (conducted during
                                                    applicable attainment date for that area                NAAQS. The data completeness                             Summer 2015), that the combined
                                                    from July 20, 2015 to July 20, 2016.4                   requirement is met when the 3-year                       ambient air monitoring network
                                                                                                            average percent of days with valid                       operated by CARB and the local air
                                                    B. Relevant Statutory and Regulatory
                                                                                                            monitoring data is at least 90%, and no                  districts in its PQAO (which includes
                                                    Requirements
                                                                                                            single year has less than 75% data                       SLOCAPCD) currently meets or exceeds
                                                       Section 181(b)(2)(A) of the CAA                                                                               the requirements for the minimum
                                                                                                            completeness as determined in
                                                    requires that within six months                                                                                  number of SLAMS for the 2008 ozone
                                                                                                            accordance with 40 CFR part 50,
                                                    following the applicable attainment                                                                              standard.10 All of the monitoring sites in
                                                                                                            appendix P.
                                                    date, the EPA will determine whether                                                                             the PQAO are reviewed with respect to
                                                    an ozone NAA attained the ozone                         II. What is the EPA’s analysis of the                    monitoring objectives, spatial scales and
                                                    standard based on the area’s design                     relevant air quality data?                               other site criteria as required by 40 CFR
                                                    value as of that date. The design value                                                                          part 58, appendix D.
                                                                                                            A. Monitoring Network and Data
                                                    is a statistic that describes the air                                                                               CARB oversees the quality assurance
                                                                                                            Considerations
                                                    quality status of a given location relative                                                                      of all data collected within the CARB
                                                    to the level of the NAAQS. For the                        The California Air Resources Board                     PQAO. The SLOCAPCD annually
                                                    purpose of comparison with the 2008                     (CARB) and local air pollution control                   certifies that the data it submits to AQS
                                                    ozone standard, the design value for a                  districts and air quality management                     for its monitoring sites are complete and
                                                    site is the 3-year average of the annual                districts (‘‘districts’’) operate ambient air            quality-assured.11
                                                    fourth highest daily maximum 8-hour                     monitoring stations throughout the State                    As noted above, there are two ozone
                                                    average ozone concentrations.                           of California. CARB is the lead                          SLAMS monitoring sites operating
                                                                                                            monitoring agency in the Primary                         within the Eastern San Luis Obispo
                                                    C. Ambient Air Quality Monitoring Data
                                                                                                            Quality Assurance Organization (PQAO)                    NAA. These sites monitor ozone
                                                      A determination of whether an area’s                  that includes all the monitoring                         concentrations on a continuous basis
                                                    air quality meets the 2008 ozone                        agencies in the State with a few
                                                    NAAQS is generally based upon three                     exceptions.5 6 There are two ozone                         7 See  40 CFR 58.10(a)(1).
                                                    consecutive calendar years of complete,                 SLAMS (referred to as the Red Hills and                    8 CARB    2015 Monitoring Network Assessment,
                                                    quality-assured data measured at                        Carrizo Plains sites) within the Eastern                 September 2015, pages 2–3.
                                                                                                                                                                        9 Letters from Meredith Kurpius, Manager, Air
                                                    established State and Local Air                         San Luis Obispo ozone NAA, and the                       Quality Analysis Office, EPA Region IX, to Larry
                                                    Monitoring Stations (SLAMS) in the                      San Luis Obispo County Air Pollution                     Allen, Air Pollution Control Officer, SLOCAPCD,
                                                                                                                                                                     dated December 11, 2013, October 27, 2014 and
                                                      2 In 2015, we tightened the ozone standards even        5 PQAO means a monitoring organization, a group        October 26, 2015.
                                                    further and established 0.070 ppm, 8-hour average,      of monitoring organizations or other organization           10 Letter from Elizabeth J. Adams, Acting Director,
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                                                    as the new ozone NAAQS. 80 FR 65292 (October            that is responsible for a set of stations that monitor   Air Division, EPA Region IX, to Richard Corey,
                                                    26, 2015). While the 1979 1-hour ozone NAAQS            the same pollutant and for which data quality            Executive Officer, CARB, dated August 31, 2016,
                                                    and 1997 8-hour ozone NAAQS have been revoked,          assessments can be pooled. Each criteria pollutant       transmitting findings of the EPA’s 2015 TSA of the
                                                    the 2008 ozone NAAQS remains in effect.                 sampler/monitor at a monitoring station must be          CARB’s ambient air monitoring program.
                                                      3 San Luis Obispo County is the northern-most         associated with only one PQAO. (40 CFR 58.1).               11 See, e.g., letter from Larry Allen, Air Pollution
                                                    county within the air basin designated by California      6 The Bay Area Air Quality Management District,        Control Officer, SLOCAPCD, to Alexis Strauss,
                                                    as the South Central Coast Air Basin. The NAA           the South Coast Air Quality Management District          Acting Regional Administrator, EPA Region IX,
                                                    encompasses roughly the eastern half of San Luis        and the San Diego Air Pollution Control District are     regarding 2015 Annual SLAMS Data Certification,
                                                    Obispo County.                                          each designated as the PQAO for their respective         certifying calendar year 2015 ambient air quality
                                                      4 81 FR 26697 (May 4, 2016).                          ambient air monitoring programs.                         data and quality assurance data, April 19, 2016.



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                                                    70384                      Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules

                                                    using EPA reference or equivalent                                         concentrations are available for at least              daily maximum 8-hour ozone
                                                    methods.12                                                                75% of the days within the ozone                       concentrations for 2013 through 2015 at
                                                       Lastly, consistent with the                                            monitoring season for each individual                  both sites in the Eastern San Luis
                                                    requirements contained in 40 CFR part                                     year within that period.                               Obispo area and shows the design
                                                    50, the EPA has reviewed the quality-                                                                                            values for the 2013–2015 period. The
                                                                                                                              B. Evaluation of the Ambient Air
                                                    assured and certified ozone ambient air                                                                                          design value for a given area is based on
                                                                                                                              Quality Data
                                                    monitoring data, as recorded in AQS for                                                                                          the monitoring site with the highest
                                                    the applicable monitoring period,                                            As noted above, the applicable                      design value. In this case, the design
                                                    collected at the monitoring sites in the                                  attainment date for the Eastern San Luis               value for 2013–2015 for the Eastern San
                                                    Eastern San Luis Obispo NAA for                                           Obispo ozone NAA is July 20, 2016, and                 Luis Obispo ozone NAA is at the Red
                                                    completeness. The EPA has determined                                      under CAA section 181(b)(2)(A), the                    Hills site and is 0.073 ppm, which is
                                                    that the data are complete.13 For the two                                 EPA must determine whether the area                    less than the standard (i.e. 0.075 ppm).
                                                    ozone monitoring sites in Eastern San                                     attained the 2008 ozone standard by that               Therefore, we are proposing to
                                                    Luis Obispo, daily maximum 8-hour                                         date. To do so, we must review the                     determine, based on the complete,
                                                    average concentrations are available for                                  ozone data for the three calendar years                quality-assured and certified data for
                                                    at least 90% of the days within the                                       immediately prior to the attainment                    2013–2015, that the Eastern San Luis
                                                    ozone monitoring season, on average for                                   date, and, for a 2016 attainment date,                 Obispo ozone NAA has attained the
                                                    the 2013–2015 period, and daily                                           the relevant years are 2013, 2014 and                  2008 ozone standard by the applicable
                                                    maximum 8-hour average                                                    2015. Table 1 shows the fourth-highest                 attainment date of July 20, 2016.

                                                                     TABLE 1—2013–2015 OZONE DESIGN VALUES AT SITES WITHIN THE EASTERN SAN LUIS OBISPO NAA
                                                                                                                                                                   Fourth-highest daily maximum 8-hour ozone
                                                                                                                                                                                  concentration
                                                                                                                                                AQS Site                                                           Design value
                                                                                   Monitoring site                                                                                    (ppm)
                                                                                                                                            identification No.                                                     (2013–2015)
                                                                                                                                                                        2013           2014            2015

                                                    Red Hills ...........................................................................       06–079–8005                0.075              0.073       0.072           0.073
                                                    Carrizo Plains ...................................................................          06–079–8006                0.067              0.068       0.068           0.067
                                                       Source: EPA AQS Quick Look Report (AMP450), August 10, 2016.


                                                    III. What is the effect of this action?                                   IV. Proposed Action and Public                         Executive Order 12866 (58 FR 51735,
                                                                                                                              Comment                                                October 4, 1993);
                                                       If the EPA finalizes its proposed                                                                                                • does not impose an information
                                                    determination that the Eastern San Luis                                      The EPA is proposing to determine
                                                                                                                              that the Eastern San Luis Obispo ozone                 collection burden under the provisions
                                                    Obispo NAA has attained the 2008                                                                                                 of the Paperwork Reduction Act (44
                                                    ozone NAAQS by the applicable                                             NAA has attained the 2008 ozone
                                                                                                                              standard by the applicable attainment                  U.S.C. 3501 et seq.);
                                                    attainment date of July 20, 2016, the                                                                                               • is certified as not having a
                                                    area would no longer be subject to                                        date of July 20, 2106, based on
                                                                                                                              complete, quality-assured and certified                significant economic impact on a
                                                    reclassification as a Moderate area for                                                                                          substantial number of small entities
                                                                                                                              ambient air quality monitoring data for
                                                    the 2008 ozone standard. Moreover, the                                                                                           under the Regulatory Flexibility Act (5
                                                                                                                              the 2013–2015 monitoring period. If
                                                    determination of attainment by the                                                                                               U.S.C. 601 et seq.);
                                                                                                                              finalized as proposed, the Eastern San
                                                    applicable attainment date would                                          Luis Obispo ozone NAA will not be                         • does not contain any unfunded
                                                    discharge EPA’s obligation, under CAA                                     reclassified to a higher classification for            mandate or significantly or uniquely
                                                    section 181(b)(2)(A), to determine                                        the 2008 ozone standard.                               affect small governments, as described
                                                    whether this area attained the standard                                      The EPA is soliciting public                        in the Unfunded Mandates Reform Act
                                                    by its applicable attainment date. This                                   comments on the issues discussed in                    of 1995 (Pub. L. 104–4);
                                                    determination of attainment would,                                        this document or on other relevant                        • does not have Federalism
                                                    however, not constitute a redesignation                                   matters. We will accept comments from                  implications as specified in Executive
                                                    to attainment. Under CAA section                                          the public on this proposal for the next               Order 13132 (64 FR 43255, August 10,
                                                    107(d)(3)(E), redesignations to                                           30 days. We will consider these                        1999);
                                                    attainment require states to meet a                                       comments before taking final action.                      • is not an economically significant
                                                    number of additional statutory criteria                                                                                          regulatory action based on health or
                                                    including EPA’s approval of a SIP                                         V. Statutory and Executive Order                       safety risks subject to Executive Order
                                                    revision demonstrating maintenance of                                     Reviews                                                13045 (62 FR 19885, April 23, 1997);
                                                    the standard for 10 years after                                             The action proposed herein is a                         • is not a significant regulatory action
                                                    redesignation. The designation status of                                  determination based on air quality data                subject to Executive Order 13211 (66 FR
                                                    the Eastern San Luis Obispo area                                          and does not impose additional                         28355, May 22, 2001);
                                                                                                                                                                                        • is not subject to the requirements of
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                                                    remains nonattainment for the 2008                                        requirements beyond those imposed by
                                                    ozone NAAQS until such time as the                                        state law. For that reason, the proposed               section 12(d) of the National
                                                    EPA determines that the area meets the                                    action:                                                Technology Transfer and Advancement
                                                    CAA requirements for redesignation to                                       • Is not a ‘‘significant regulatory                  Act of 1995 (15 U.S.C. 272 note) because
                                                    attainment.                                                               action’’ subject to review by the Office               application of those requirements would
                                                                                                                              of Management and Budget under                         be inconsistent with the CAA; and
                                                     12 See the San Luis Obispo County APCD’s                                   13 See EPA, Air Quality System, Design Value

                                                    Annual Network Plan Report (July 2015).                                   Report, July 25, 2016.



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                                                                        Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules                                               70385

                                                      • does not provide the EPA with the                   by Executive Order 13175 (65 FR 67249,                Oxides of nitrogen, Ozone, Volatile
                                                    discretionary authority to address, as                  November 9, 2000), because it will not                organic compounds.
                                                    appropriate, disproportionate human                     impose substantial direct costs on tribal               Authority: 42 U.S.C. 7401 et seq.
                                                    health or environmental effects, using                  governments or preempt tribal law.
                                                    practicable and legally permissible                                                                             Dated: September 28, 2016.
                                                                                                            List of Subjects in 40 CFR Part 52                    Deborah Jordan,
                                                    methods, under Executive Order 12898
                                                    (59 FR 7629, February 16, 1994).                          Environmental protection, Air                       Acting Regional Administrator, Region IX.
                                                      In addition, this proposed rule does                  pollution control, Incorporation by                   [FR Doc. 2016–24489 Filed 10–11–16; 8:45 am]
                                                    not have tribal implications as specified               reference, Intergovernmental relations,               BILLING CODE 6560–50–P
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Document Created: 2016-10-12 00:55:52
Document Modified: 2016-10-12 00:55:52
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 November 14, 2016.
ContactNancy Levin, (415) 972-3848, or by email at [email protected]
FR Citation81 FR 70382 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone and Volatile Organic Compounds

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