81 FR 93620 - 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 245 (December 21, 2016)
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93620-93622 | |
| FR Document | 2016-30476 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Rules and Regulations] [Pages 93620-93622] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30476] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2016-0543 FRL-9956-98-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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is finalizing our determination that the San Luis Obispo (Eastern San Luis Obispo) ozone nonattainment area (NAA) in California 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. Based on this determination, the Eastern San Luis Obispo NAA will not be reclassified to a higher ozone classification. DATES: This rule will be effective on January 20, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2016-0543. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly-available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly-available only in hard copy form. Publicly-available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and ``our'' refer to the EPA. Table of Contents I. Summary of Proposed Rule II. Public Comments and EPA Responses III. Final Action IV. Statutory and Executive Order Reviews I. Summary of Proposed Rule On October 12, 2016 (81 FR 70382), the EPA proposed 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. 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. For the precise boundaries of the Eastern San Luis Obispo 2008 ozone NAA, see 40 CFR 81.305. Our proposed rule provided background information on the 2008 ozone standards,\1\ the EPA's classification of the Eastern San Luis Obispo NAA under the Clean Air Act (CAA) as ``Marginal'' for the 2008 ozone standard, and the EPA's prior approval of an extension of the applicable attainment date for the area from July 20, 2015 to July 20, 2016 (81 FR 26697, May 4, 2016). In our proposed rule, we described our obligation under CAA section 181(b)(2)(A) to determine whether an ozone NAA attained the ozone NAAQS by the applicable attainment date within six months of that date; how we determine whether an area's air quality meets the 2008 ozone standard; and the relevant air quality monitoring agencies in the Eastern San Luis Obispo ozone NAA, their monitoring network plans, and the relevant ozone monitoring sites. We also discussed our previous review of the networks and network plans, the annual certifications of ambient air monitoring data, and our determination of completeness for 2013-2015 data from the two ozone monitoring sites within the Eastern San Luis Obispo NAA. --------------------------------------------------------------------------- \1\ Since the primary and secondary 2008 ozone standards are the same, we hereafter refer to them herein using the singular ``2008 ozone standard.'' --------------------------------------------------------------------------- Our proposed rule included a table of ozone ``design values'' at the two ozone monitoring sites in the Eastern San Luis [[Page 93621]] Obispo NAA.\2\ See 81 FR 70382, at 70384. As explained in our proposed rule, the 2008 ozone standard is attained in an area when the design value is less than or equal to 0.075 parts per million (ppm), as determined in accordance with 40 CFR part 50, appendix P, at each monitoring site within the area. See 40 CFR 50.15. Based on our review of the monitoring data, which showed a design value for the area of 0.073 ppm (based on data collected at the Red Hills site) for 2013- 2015, and taking into account the extent and reliability of the applicable ozone monitoring network, we proposed to determine that the Eastern San Luis Obispo NAA has attained the 2008 ozone standard by the applicable attainment date of July 20, 2016 based on complete, certified and quality-assured data for the 2013-2015 period. Lastly, we noted that if we finalize our proposed determination, then the Marginal Eastern San Luis Obispo NAA would not be subject to reclassification to ``Moderate'' for the 2008 ozone standard, that a determination of attainment by the applicable attainment date would not constitute a redesignation, and that the designation status of the Eastern San Luis Obispo area would remain nonattainment for the 2008 ozone standard until such time as the EPA determines that the area meets the CAA requirements for redesignation to attainment. Please see our proposed rule for more information concerning these topics. --------------------------------------------------------------------------- \2\ 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. The design value for a given area is based on the monitoring site with the highest design value. --------------------------------------------------------------------------- II. Public Comments and EPA Responses The EPA's proposed action provided a 30-day public comment period. During this period, we received no comments. III. Final Action Under CAA section 181(b)(2)(A), and based on the rationale presented in our proposed rule and summarized above, the EPA is finalizing our determination that the Eastern San Luis Obispo ozone NAA has attained the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016. The EPA is making this determination based on complete, quality-assured and certified ambient air quality monitoring data for the 2013-2015 monitoring period. As a result of this determination, the Eastern San Luis Obispo 2008 ozone NAA will not be reclassified to a higher classification for the 2008 ozone standard. IV. Statutory and Executive Order Reviews This action is a determination based on air quality data and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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 (Public Law 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 Clean Air Act; 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 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. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 21, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds. Dated: December 8, 2016. Alexis Strauss, Acting Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart F--California 0 2. Section 52.282 is amended by adding paragraph (i) to read as follows: Sec. 52.282 Control strategy and regulations: Ozone * * * * * (i) Determination of attainment. The EPA has determined that, as of January 20, 2017, the San Luis Obispo (Eastern San Luis Obispo) 2008 8- hour ozone nonattainment area in California has attained the 2008 ozone standard by the July 20, 2016 applicable attainment date, based upon complete, quality- [[Page 93622]] assured and certified data for 2013-2015. Therefore, the EPA has met its obligation pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality data as of the attainment date, whether the area attained the standard. As a result of this determination, the San Luis Obispo (Eastern San Luis Obispo) 2008 ozone nonattainment area in California will not be reclassified for failure to attain by the July 20, 2016 applicable attainment date under section 181(b)(2)(A). [FR Doc. 2016-30476 Filed 12-20-16; 8:45 am] BILLING CODE 6560-50-P
![93620 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations
Sortation Level OEL Example
Additional required human-readable text for use with combined mailings of USPS Mar-
keting Mail and Periodical flats:
5-Digit Scheme (and other sortation levels as appropriate) ...................................... ******SCH 5–DIGIT 12345 MIX COMAIL.
5-Digit Scheme (Automation FSS flats) ..................................................................... *****SCH 5–DIGIT 12345 FSSD COMAIL.
5-Digit (Nonautomation FSS flats) ............................................................................. *****SCH 5–DIGIT 12345 FSSE COMAIL.
3-Digit (Automation FSS flats) .................................................................................... *****SCH 5–DIGIT 12345 FSSF COMAIL.
3-Digit (Nonautomation FSS flats) ............................................................................. *****SCH 5–DIGIT 12345 FSSG COMAIL.
ADC (Automation FSS flats) ...................................................................................... *****SCH 5–DIGIT 12345 FSSK COMAIL.
ADC (Nonautomation FSS flats) ................................................................................ *******SCH 5–DIGIT 12345 FSS COMAIL.
Carrier Route high density plus (FSS flats) ............................................................... ******SCH 5–DIGIT 12345.
FSSG COMAIL ........................................................................................................... ******SCH 5–DIGIT 12345 FSSA COMAIL.
Carrier Route high density (FSS flats) ....................................................................... ******SCH 5-DIGIT 12345 FSSB COMAIL.
FSSC COMAIL ........................................................................................................... ******SCH 5-DIGIT 12345 FSSA COMAIL.
Carrier Route high density (FSS flats) ....................................................................... ******SCH 5-DIGIT 12345 FSSC COMAIL.
Carrier Route basic .................................................................................................... ******SCH 5-DIGIT 12345 FSSC COMAIL.
* * * * * Ambient Air Quality Standards 2106, based on complete, quality-
(NAAQS or ‘‘standards’’) by the assured and certified ambient air quality
7.1.8 Required OEL Use in Combined
applicable attainment date of July 20, monitoring data for the 2013–2015
Mailings of USPS Marketing Mail and
2016. This determination is based on monitoring period. San Luis Obispo
Periodicals Flats
complete, quality-assured and certified County is the northern-most county
* * * The following additional data for the 3-year period preceding that within the air basin designated by
standards also apply: attainment date. Based on this California as the South Central Coast Air
* * * * * determination, the Eastern San Luis Basin. The NAA encompasses roughly
[Revise item c to read as follows.] Obispo NAA will not be reclassified to the eastern half of San Luis Obispo
c. When combined mailings of USPS a higher ozone classification. County. For the precise boundaries of
Marketing Mail and Periodicals flats are DATES: This rule will be effective on the Eastern San Luis Obispo 2008 ozone
prepared to FSS zones under January 20, 2017. NAA, see 40 CFR 81.305.
705.15.1.11, each mailpiece must bear
ADDRESSES: The EPA has established a Our proposed rule provided
an optional endorsement line in human-
readable text, including the correct ZIP docket for this action under Docket ID background information on the 2008
code listed in Column B of L006, as No. EPA–R09–OAR–2016–0543. All ozone standards,1 the EPA’s
described in Exhibit 7.1.1. documents in the docket are listed on classification of the Eastern San Luis
the http://www.regulations.gov Web Obispo NAA under the Clean Air Act
* * * * * site. Although listed in the index, some
We will publish an appropriate (CAA) as ‘‘Marginal’’ for the 2008 ozone
information is not publicly-available, standard, and the EPA’s prior approval
amendment to 39 CFR part 111 to reflect e.g., Confidential Business Information
these changes. of an extension of the applicable
or other information whose disclosure is attainment date for the area from July
* * * * * restricted by statute. Certain other
20, 2015 to July 20, 2016 (81 FR 26697,
Stanley F. Mires, material, such as copyrighted material,
May 4, 2016). In our proposed rule, we
Attorney, Federal Compliance. is not placed on the Internet and will be
described our obligation under CAA
publicly-available only in hard copy
[FR Doc. 2016–30381 Filed 12–20–16; 8:45 am] section 181(b)(2)(A) to determine
form. Publicly-available docket
BILLING CODE 7710–12–P
materials are available through http:// whether an ozone NAA attained the
www.regulations.gov, or please contact ozone NAAQS by the applicable
the person identified in the FOR FURTHER attainment date within six months of
ENVIRONMENTAL PROTECTION INFORMATION CONTACT section for
that date; how we determine whether an
AGENCY additional availability information. area’s air quality meets the 2008 ozone
standard; and the relevant air quality
40 CFR Part 52 FOR FURTHER INFORMATION CONTACT:
monitoring agencies in the Eastern San
Nancy Levin, EPA Region IX, (415) 972–
[EPA–R09–OAR–2016–0543 FRL–9956–98- Luis Obispo ozone NAA, their
3848, levin.nancy@epa.gov.
Region 9] monitoring network plans, and the
SUPPLEMENTARY INFORMATION: relevant ozone monitoring sites. We also
Determination of Attainment of the Throughout this document, ‘‘we,’’ ‘‘us’’ discussed our previous review of the
2008 Ozone National Ambient Air and ‘‘our’’ refer to the EPA. networks and network plans, the annual
Quality Standards; Eastern San Luis Table of Contents certifications of ambient air monitoring
Obispo, California data, and our determination of
I. Summary of Proposed Rule
AGENCY: Environmental Protection II. Public Comments and EPA Responses completeness for 2013–2015 data from
Agency (EPA). III. Final Action the two ozone monitoring sites within
asabaliauskas on DSK3SPTVN1PROD with RULES
ACTION: Final rule. IV. Statutory and Executive Order Reviews the Eastern San Luis Obispo NAA.
I. Summary of Proposed Rule Our proposed rule included a table of
SUMMARY: The Environmental Protection ozone ‘‘design values’’ at the two ozone
Agency (EPA) is finalizing our On October 12, 2016 (81 FR 70382), monitoring sites in the Eastern San Luis
determination that the San Luis Obispo the EPA proposed to determine that the
(Eastern San Luis Obispo) ozone Eastern San Luis Obispo ozone NAA has 1 Since the primary and secondary 2008 ozone
nonattainment area (NAA) in California attained the 2008 ozone standard by the standards are the same, we hereafter refer to them
has attained the 2008 ozone National applicable attainment date of July 20, herein using the singular ‘‘2008 ozone standard.’’
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![93622 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Rules and Regulations
assured and certified data for 2013– the Internet and will be publicly 7, 2012, EPA promulgated Federal
2015. Therefore, the EPA has met its available only in hard copy form. Implementation Plans (FIPs) to replace
obligation pursuant to CAA section Publicly available docket materials are reliance on CAIR with reliance on the
181(b)(2)(A) to determine, based on the available either electronically through Cross State Air Pollution Rule (CSAPR)
area’s air quality data as of the www.regulations.gov or in hard copy at to address deficiencies in CAIR-
attainment date, whether the area the Air Regulatory Management Section, dependent regional haze plans of
attained the standard. As a result of this Air Planning and Implementation several states, including Tennessee’s
determination, the San Luis Obispo Branch, Air, Pesticides and Toxics regional haze plan.3 See 77 FR 33642.
(Eastern San Luis Obispo) 2008 ozone Management Division, U.S. Each state is also required to submit
nonattainment area in California will Environmental Protection Agency, a progress report in the form of a SIP
not be reclassified for failure to attain by Region 4, 61 Forsyth Street SW., revision every five years that evaluates
the July 20, 2016 applicable attainment Atlanta, Georgia 30303–8960. EPA progress towards the RPGs for each
date under section 181(b)(2)(A). requests that if at all possible, you mandatory Class I Federal area within
[FR Doc. 2016–30476 Filed 12–20–16; 8:45 am] contact the person listed in the FOR the state and for each mandatory Class
FURTHER INFORMATION CONTACT section to I Federal area outside the state which
BILLING CODE 6560–50–P
schedule your inspection. The Regional may be affected by emissions from
Office’s official hours of business are within the state. See 40 CFR 51.308(g).
ENVIRONMENTAL PROTECTION Monday through Friday 8:30 a.m. to Each state is also required to submit, at
AGENCY 4:30 p.m., excluding federal holidays. the same time as the progress report, a
FOR FURTHER INFORMATION CONTACT: determination of the adequacy of its
40 CFR Part 52 Michele Notarianni, Air Regulatory existing regional haze plan. See 40 CFR
[EPA–R04–OAR–2013–0799; FRL- 9956–90-
Management Section, Air Planning and 51.308(h). The first progress report was
Region 4] Implementation Branch, Air, Pesticides due five years after submittal of the
and Toxics Management Division, U.S. initial regional haze plan.
Air Plan Approval; Tennessee; Environmental Protection Agency, On April 19, 2013, as required by 40
Regional Haze Progress Report Region 4, 61 Forsyth Street SW., CFR 51.308(g), TDEC submitted to EPA,
Atlanta, Georgia 30303–8960. Ms. in the form of a revision to Tennessee’s
AGENCY: Environmental Protection Notarianni can be reached by phone at SIP, a report on progress made towards
Agency (EPA). (404) 562–9031 and via electronic mail the RPGs for Class I areas in the State
ACTION: Final rule. at notarianni.michele@epa.gov. and for Class I areas outside the State
SUPPLEMENTARY INFORMATION: that are affected by emissions from
SUMMARY: The Environmental Protection sources within the State. This
Agency (EPA) is approving a State I. Background
submission also includes a negative
Implementation Plan (SIP) revision Under the Regional Haze Rule,1 each declaration pursuant to 40 CFR
submitted by the State of Tennessee state was required to submit its first 51.308(h)(1) that the State’s regional
through the Tennessee Department of implementation plan addressing haze plan is sufficient in meeting the
Environment and Conservation (TDEC) regional haze visibility impairment to requirements of the Regional Haze Rule.
on April 19, 2013. Tennessee’s April 19, EPA no later than December 17, 2007. In a notice of proposed rulemaking
2013, SIP revision (Progress Report) See 40 CFR 51.308(b). Tennessee (NPRM) published on September 28,
addresses requirements of the Clean Air submitted its regional haze plan on 2016 (81 FR 66596), EPA proposed to
Act (CAA or Act) and EPA’s rules that April 4, 2008, and like many other states approve Tennessee’s Progress Report on
require each state to submit periodic subject to the Clean Air Interstate Rule the basis that it satisfies the
reports describing progress towards (CAIR), relied on CAIR to satisfy best requirements of 40 CFR 51.308(g) and
reasonable progress goals (RPGs) available retrofit technology (BART) 51.308(h). No comments were received
established for regional haze and a requirements for emissions of sulfur on the September 28, 2016, proposed
determination of the adequacy of the dioxide and nitrogen oxides from rulemaking. The details of Tennessee’s
State’s existing SIP addressing regional electric generating units in the State. submittal and the rationale for EPA’s
haze (regional haze plan). EPA is On April 24, 2012, EPA finalized a action is further explained in the NPRM.
approving Tennessee’s Progress Report limited approval of Tennessee’s April 4, See 81 FR 66596 (September 28, 2016).
on the basis that it addresses the 2008, regional haze plan as meeting
progress report and adequacy some of the applicable regional haze II. Final Action
determination requirements for the first requirements as set forth in sections EPA is finalizing approval of
implementation period for regional 169A and 169B of the CAA and in 40 Tennessee’s Regional Haze Progress
haze. CFR 51.300–51.308.2 Also in this April Report SIP revision, submitted by the
DATES: This rule will be effective 24, 2012, action, EPA finalized a limited State on April 19, 2013, as meeting the
January 20, 2017. disapproval of Tennessee’s regional applicable regional haze requirements
haze plan because of deficiencies arising
ADDRESSES: EPA has established a
from the State’s reliance on CAIR to 3 Although a number of parties challenged the
docket for this action under Docket legality of CSAPR and the D.C. Circuit initially
satisfy certain regional haze
Identification No. EPA–R04–OAR– vacated and remanded CSAPR to EPA in EME
requirements. See 77 FR 24392. On June
2013–0799. All documents in the docket Homer City Generation, L.P. v. EPA, 696 F.3d 7
asabaliauskas on DSK3SPTVN1PROD with RULES
are listed on the www.regulations.gov (D.C. Cir. 2012), the United States Supreme Court
1 Located in 40 CFR part 51, subpart P. reversed the D.C. Circuit’s decision on April 29,
Web site. Although listed in the index, 2 This April 24, 2012, action did not include the 2014, and remanded the case to the D.C. Circuit to
some information may not be publicly BART determination for Eastman Chemical resolve remaining issues in accordance with the
available, i.e., Confidential Business Company (Eastman). On November 27, 2012, EPA high court’s ruling. EPA v. EME Homer City
Information or other information whose finalized approval of the BART requirements for Generation, L.P., 134 S. Ct. 1584 (2014). On remand,
Eastman that were provided in the April 4, 2008, the D.C. Circuit affirmed CSAPR in most respects,
disclosure is restricted by statute. regional haze SIP, as later modified and and CSAPR is now in effect. EME Homer City
Certain other material, such as supplemented on May 14, 2012, and May 25, 2012 Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir.
copyrighted material, is not placed on (77 FR 70689). 2015).
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Document Created: 2018-02-14 09:11:59
Document Modified: 2018-02-14 09:11:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule will be effective on January 20, 2017. | |
| Contact | Nancy Levin, EPA Region IX, (415) 972- 3848, [email protected] | |
| FR Citation | 81 FR 93620 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone and Volatile Organic Compounds |
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