82_FR_36069 82 FR 35922 - Approval and Promulgation of Implementation Plans; Enhanced Monitoring; California

82 FR 35922 - Approval and Promulgation of Implementation Plans; Enhanced Monitoring; California

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 147 (August 2, 2017)

Page Range35922-35924
FR Document2017-16276

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of California on November 10, 1993. This SIP revision concerns the establishment of a Photochemical Assessment Monitoring System (PAMS) network in six ozone nonattainment areas within California. The EPA is proposing this action under the Clean Air Act based on the conclusion that all applicable statutory and regulatory requirements related to PAMS SIP revisions have been met.

Federal Register, Volume 82 Issue 147 (Wednesday, August 2, 2017)
[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Proposed Rules]
[Pages 35922-35924]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16276]


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

40 CFR Part 52

[EPA-R09-OAR-2017-0411; FRL-9965-51-Region 9]


Approval and Promulgation of Implementation Plans; Enhanced 
Monitoring; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of California on November 10, 1993. This SIP revision concerns 
the establishment of a Photochemical Assessment Monitoring System 
(PAMS) network in six ozone nonattainment areas within California. The 
EPA is proposing this action under the Clean Air Act based on the 
conclusion that all applicable statutory and regulatory requirements 
related to PAMS SIP revisions have been met.

DATES: Any comments must arrive by September 1, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0411 at http://www.regulations.gov, or via email to 
lo.doris@epa.gov. 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: Doris Lo, EPA Region IX, (415) 972-
3959, lo.doris@epa.gov.

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

Table of Contents

I. Background Information
II. Analysis of State Submission
III. Proposed Action and Request for Public Comment
IV. Statutory and Executive Order Reviews

I. Background Information

    The Clean Air Act (CAA or ``Act'') requires the EPA to establish 
National Ambient Air Quality Standards (NAAQS or ``standards'') for 
certain widespread pollutants, such as ozone, that cause or contribute 
to air pollution that is reasonably anticipated to endanger public 
health or welfare.\1\ In 1979, we promulgated an ozone NAAQS of 0.12 
parts per million (ppm), one-hour average (``1-hour ozone 
standard'').\2\
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    \1\ See sections 108 and 109 of the Act.
    \2\ See 44 FR 8202, February 8, 1979.
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    The Act, as amended in 1990, required the EPA to designate as 
nonattainment any ozone areas that were still designated nonattainment 
under the 1977 Act Amendments, and any other areas violating the 1-hour 
ozone standard, generally based on air quality monitoring data from the 
1987 through 1989 period.\3\ The 1990 CAA Amendments further classified 
these areas, based on the severity of their nonattainment problem, as 
Marginal, Moderate, Serious, Severe or Extreme.
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    \3\ See section 107(d)(4) of the Act. See also 56 FR 56694, 
November 6, 1991.
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    The control requirements and date by which attainment of the one-
hour ozone

[[Page 35923]]

standard was to be achieved varied with an area's classification. 
Marginal areas were subject to the fewest mandated control requirements 
and had the earliest attainment date while higher classified areas were 
subject to more stringent planning requirements and were provided more 
time to attain the standard.
    In 1991, we published the initial ozone classifications for 
nonattainment areas within each state, and within California, we 
classified six ozone nonattainment areas as Serious, Severe, or 
Extreme: Los Angeles-South Coast Air Basin (``South Coast''), 
Sacramento Metro, San Diego County, San Joaquin Valley, Southeast 
Desert Modified AQMA (``Southeast Desert'') and Ventura County.\4\ Such 
areas were subject to many requirements, including those related to 
enhanced monitoring in CAA section 182(c)(1).
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    \4\ See 56 FR 56694, November 6, 1991.
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    Section 182(c)(1) of the CAA requires that the EPA promulgate rules 
for enhanced monitoring of ozone, oxides of nitrogen (NOX), 
and volatile organic compounds (VOC) no later than 18 months after the 
date of the enactment of the 1990 CAA Amendments. These rules are 
intended to provide a mechanism for obtaining more comprehensive and 
representative data on ozone air pollution in areas designated 
nonattainment and classified as Serious, Severe or Extreme.
    The final PAMS rule was promulgated by the EPA on February 12, 1993 
(58 FR 8452). Section 58.40(a) of the revised rule requires the State 
to submit a PAMS network description, including a schedule for 
implementation, to the Administrator within six months after 
promulgation or by August 12, 1993.\5\
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    \5\ Since 1993, EPA has significantly amended and re-organized 
the monitoring network requirements in 40 CFR part 58. For the 
purposes of this action, the citations to part 58 refer to the July 
1, 1993 version of 40 CFR part 58, not the current version because 
the California PAMS network description submitted in 1993 was 
intended to address the regulatory requirements that applied at the 
time.
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    On August 12, 1993, the California Air Resources Board (CARB) 
submitted proposed PAMS network plans to the EPA that included a 
schedule for implementation for each of the six subject areas in 
California. This submittal was reviewed and approved in stages for the 
different areas.\6\ In each case, the EPA concluded that the submitted 
network plans satisfy the requirements of 40 CFR 58.40(a). Since 
network descriptions may change annually, they are not part of the SIP 
as recommended by the document, ``Guideline for the Implementation of 
the Ambient Air Monitoring Regulations, 40 CFR part 58.'' However, the 
network description is negotiated and approved during the annual review 
via the grant process under section 105 of the Act, as required by 40 
CFR 58.20(d), 58.25, 58.36, and 58.46.
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    \6\ See, e.g., memorandum from William F. Hunt, Jr., Director, 
Emissions, Monitoring, and Analysis Division, EPA Office of Air 
Quality Planning and Standards (OAQPS) to David P. Howekamp, 
Director, Air and Toxics Division, EPA Region IX, dated September 
22, 1995 (reference to approval in part of the PAMS Network Plan for 
the South Coast and Southeast Desert); memorandum from William F. 
Hunt, Jr., Director, Emissions, Monitoring, and Analysis Division, 
EPA OAQPS to David Howekamp, Director, Air and Toxics Division, EPA 
Region IX, dated August 15, 1995 (reference to approval in part of 
the PAMS Network Plan for Sacramento County); letter from David P. 
Howekamp, Air Division Director, EPA Region IX, to Richard J. 
Sommerville, Air Pollution Control Officer (APCO), San Diego County 
Air Pollution Control District (APCD), March 9, 1994 (approval in 
part of the PAMS Network Plan for San Diego County); memorandum from 
William F. Hunt, Jr., Director, Emissions, Monitoring, and Analysis 
Division, EPA OAQPS to David Howekamp, Director, Air and Toxics 
Division, EPA Region IX, dated August 16, 1995 (reference to 
approval in part of the PAMS Network Plan for San Joaquin Valley); 
and letter from David P. Howekamp, Air Division Director, EPA Region 
IX, to Richard H. Baldwin, APCO, Ventura County APCD, March 9, 1994 
(approval in part of the PAMS Network Plan for Ventura County).
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    Section 182(c)(1) also requires that the SIP be revised to contain 
measures to improve the ambient monitoring of ozone, NOX, 
and VOC in ozone nonattainment areas classified as Serious, Severe or 
Extreme. The final PAMS rule requires that SIP revisions under section 
182(c)(1) provide for the establishment and maintenance of a PAMS 
network.
    On November 10, 1993, CARB submitted to the EPA a SIP revision for 
PAMS in California (``California PAMS SIP revision''). The California 
PAMS SIP revision consists of PAMS commitments from five California air 
districts with jurisdiction within the six relevant ozone nonattainment 
areas: the South Coast Air Quality Management District(for South Coast 
and Southeast Desert areas); Sacramento Metro AQMD (for the Sacramento 
Metro area); San Diego County Air Pollution Control District (for the 
San Diego County area); San Joaquin Valley Unified APCD (for the San 
Joaquin Valley area), and Ventura County APCD (for the Ventura County 
area), as well as CARB Executive Orders approving the commitments, and 
public process documentation. The California PAMS SIP revision is 
intended to meet the requirements of section 182(c)(1) of the Act and 
affect compliance with the PAMS regulations, codified at 40 CFR part 
58, as promulgated on February 12, 1993.

II. Analysis of State Submission

    The criteria used to review the SIP revision submittal are derived 
from the CAA, and include: The General Preamble; \7\ the PAMS 
regulations, codified at 40 CFR part 58; ``Guideline for the 
Implementation of the Ambient Air Monitoring Regulations: 40 CFR part 
58--Guideline Series'' (EPA-450/4-78-038, Office of Air Quality 
Planning and Standards, November 1979); and the September 2, 1993, 
memorandum from G.T. Helms titled, ``Final Boilerplate Language for the 
PAMS SIP Submittal.''
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    \7\ EPA, General preamble for future proposed rulemakings, State 
Implementation Plans; General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (April 
16, 1992) (``General Preamble''). The enhanced monitoring 
requirement in CAA section 182(c)(1) is addressed on page 13515 of 
the General Preamble.
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    The September 2, 1993, Helms boilerplate memorandum stipulates that 
the PAMS SIP, at a minimum, must: Provide for monitoring of criteria 
pollutants, such as ozone and nitrogen dioxide and non-criteria 
pollutants, such as nitrogen oxides, speciated VOCs, including 
carbonyls, as well as meteorological parameters; provide a copy of the 
approved (or proposed) PAMS network description, including the phase-in 
schedule, for public inspection during the public notice and/or comment 
period provided for in the SIP revision or, alternatively, provide 
information to the public upon request concerning the State's plans for 
implementing the rules; make reference to the fact that PAMS will 
become a part of the State or local air monitoring stations (SLAMS) 
network; and provide a statement that SLAMS will employ federal 
reference or equivalent methods (FRMs or FEMs) while most PAMS sampling 
will be conducted using methods that are not FRMs or FEMs but approved 
by the EPA.
    The California PAMS SIP revision provides that each of the five 
relevant air districts will implement PAMS as required in 40 CFR part 
58, as amended February 12, 1993. Each district will amend its SLAMS 
and its National Air Monitoring Stations monitoring systems to include 
the PAMS requirements. Each district will develop its PAMS network 
design and establish monitoring sites pursuant to 40 CFR part 58 in 
accordance with an approved network description and as negotiated with 
the EPA through the CAA section 105 grant process on an annual basis. 
Each district also provided the public with an opportunity to inspect 
the proposed network description during the public review process for 
the proposed SIP revision prior to

[[Page 35924]]

forwarding the adopted version to CARB for approval and submittal to 
the EPA as a revision to the California SIP.
    The five California air districts have implemented their PAMS 
networks as required in 40 CFR part 58. Each relevant air district also 
includes a provision to meet quality assurance requirements as 
contained in 40 CFR part 58, appendix A and a provision to assure that 
the PAMS monitors will meet monitoring methodology requirements 
contained in 40 CFR part 58, appendix C. Lastly, the air districts 
provided assurance that the PAMS network within their respective 
jurisdictions will be phased in over a period of not more than five 
years as required in 40 CFR 58.44.
    As such, we conclude that the PAMS SIP revision submitted by CARB 
on November 10, 1993, meets the relevant statutory and regulatory 
requirements, and we propose to approve it as part of the California 
SIP.

III. Proposed Action and Request for Public Comment

    Under CAA section 110(k)(3) and for the reasons discussed above, 
the EPA proposes to approve the California PAMS SIP revision submitted 
on November 10, 1993, for six ozone nonattainment areas in California. 
We will accept comments from the public on the proposed approval for 
the next 30 days.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves a state plan as 
meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive 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 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the proposed action does not have tribal implications 
and will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-16276 Filed 8-1-17; 8:45 am]
BILLING CODE 6560-50-P



                                                    35922                Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Proposed Rules

                                                    DEPARTMENT OF VETERANS                                  restates them.’’ Immediately preceding                information you consider to be
                                                    AFFAIRS                                                 the sentence, ‘‘Proposed paragraphs (d),              Confidential Business Information (CBI)
                                                                                                            (f), and (h) restate, without substantive             or other information whose disclosure is
                                                    38 CFR Part 61                                          change, material that currently appears               restricted by statute. Multimedia
                                                    RIN 2900–AP54                                           at § 61.33(e), (g), and (i).’’                        submissions (audio, video, etc.) must be
                                                                                                                                                                  accompanied by a written comment.
                                                                                                            § 61.33   [Corrected]                                 The written comment is considered the
                                                    VA Homeless Providers Grant and Per
                                                    Diem Program; Correction                                  On page 34463, in the first column,                 official comment and should include
                                                                                                            amend § 61.33(2)(A) by removing ‘‘(A)’’               discussion of all points you wish to
                                                    AGENCY:    Department of Veterans Affairs.              and replacing it with ‘‘(i)’’, and in                 make. The EPA will generally not
                                                    ACTION:   Proposed rule; corrections.                   § 61.33(2)(B) by removing ‘‘(B)’’ and                 consider comments or comment
                                                                                                            replacing it with ‘‘(ii)’’.                           contents located outside of the primary
                                                    SUMMARY:    The Department of Veterans                    On page 34463, in the second column,                submission (i.e., on the web, cloud, or
                                                    Affairs (VA) Affairs is correcting a                    amend § 61.33(c) by removing ‘‘118’’                  other file sharing system). For
                                                    proposed rule that proposes to amend                    and replacing it with ‘‘1/8’’.                        additional submission methods, please
                                                    its regulations concerning the VA                                                                             contact the person identified in the FOR
                                                    Homeless Providers Grant and Per Diem                   Janet J. Coleman,
                                                                                                                                                                  FURTHER INFORMATION CONTACT section.
                                                    (GPD) Program that was published in                     Chief, Office of Regulation Policy &
                                                                                                            Management, Office of the Secretary,
                                                                                                                                                                  For the full EPA public comment policy,
                                                    the Federal Register on July 25, 2017.                                                                        information about CBI or multimedia
                                                    These corrections address technical                     Department of Veterans Affairs.
                                                                                                            [FR Doc. 2017–16179 Filed 8–1–17; 8:45 am]
                                                                                                                                                                  submissions, and general guidance on
                                                    errors in the proposed rule.                                                                                  making effective comments, please visit
                                                                                                            BILLING CODE 8320–01–P
                                                    DATES: The correction is effective                                                                            http://www2.epa.gov/dockets/
                                                    August 2, 2017.                                                                                               commenting-epa-dockets.
                                                    ADDRESSES: Written comments may be                                                                            FOR FURTHER INFORMATION CONTACT:
                                                    submitted through www.regulations.gov;                  ENVIRONMENTAL PROTECTION
                                                                                                                                                                  Doris Lo, EPA Region IX, (415) 972–
                                                    by mail or hand-delivery to the Director,               AGENCY
                                                                                                                                                                  3959, lo.doris@epa.gov.
                                                    Regulations Management (00REG),                         40 CFR Part 52                                        SUPPLEMENTARY INFORMATION:
                                                    Department of Veterans Affairs, 810                                                                           Throughout this document, ‘‘we,’’ ‘‘us,’’
                                                    Vermont Ave NW., Room 1068,                             [EPA–R09–OAR–2017–0411; FRL–9965–51–                  and ‘‘our’’ refer to the EPA.
                                                    Washington, DC 20420; or by fax to                      Region 9]
                                                    (202) 273–9026. Comments should                                                                               Table of Contents
                                                    indicate that they are submitted in                     Approval and Promulgation of
                                                                                                                                                                  I. Background Information
                                                    response to ‘‘RIN 2900–AP54—VA                          Implementation Plans; Enhanced                        II. Analysis of State Submission
                                                    Homeless Providers Grant and Per Diem                   Monitoring; California                                III. Proposed Action and Request for Public
                                                    Program.’’ Copies of comments received                                                                              Comment
                                                                                                            AGENCY:  Environmental Protection                     IV. Statutory and Executive Order Reviews
                                                    will be available for public inspection in              Agency (EPA).
                                                    the Office of Regulation Policy and                     ACTION: Proposed rule.                                I. Background Information
                                                    Management, Room 1063B, between the                                                                              The Clean Air Act (CAA or ‘‘Act’’)
                                                    hours of 8:00 a.m. and 4:30 p.m.,                       SUMMARY:   The Environmental Protection               requires the EPA to establish National
                                                    Monday through Friday (except                           Agency (EPA) is proposing to approve a                Ambient Air Quality Standards
                                                    holidays). Please call (202) 461–4902 for               State Implementation Plan (SIP)                       (NAAQS or ‘‘standards’’) for certain
                                                    an appointment. (This is not a toll-free                revision submitted by the State of                    widespread pollutants, such as ozone,
                                                    number.) In addition, during the                        California on November 10, 1993. This                 that cause or contribute to air pollution
                                                    comment period, comments may be                         SIP revision concerns the establishment               that is reasonably anticipated to
                                                    viewed online through the Federal                       of a Photochemical Assessment                         endanger public health or welfare.1 In
                                                    Docket Management System (FDMS) at                      Monitoring System (PAMS) network in                   1979, we promulgated an ozone NAAQS
                                                    http://www.regulations.gov.                             six ozone nonattainment areas within                  of 0.12 parts per million (ppm), one-
                                                    FOR FURTHER INFORMATION CONTACT: Guy                    California. The EPA is proposing this                 hour average (‘‘1-hour ozone
                                                    Liedke, Program Analyst, Grant/Per                      action under the Clean Air Act based on               standard’’).2
                                                    Diem Program, (673/GPD), VA National                    the conclusion that all applicable                       The Act, as amended in 1990,
                                                    Grant and Per Diem Program Office,                      statutory and regulatory requirements                 required the EPA to designate as
                                                    10770 N. 46th Street, Suite C–200,                      related to PAMS SIP revisions have                    nonattainment any ozone areas that
                                                    Tampa, FL 33617, (877) 332–0334,                        been met.                                             were still designated nonattainment
                                                    guy.liedke@va.gov. (This is a toll-free                 DATES: Any comments must arrive by                    under the 1977 Act Amendments, and
                                                    number.)                                                September 1, 2017.                                    any other areas violating the 1-hour
                                                    SUPPLEMENTARY INFORMATION:      VA is                   ADDRESSES: Submit your comments,                      ozone standard, generally based on air
                                                    correcting its proposed rule that                       identified by Docket ID No. EPA–R09–                  quality monitoring data from the 1987
                                                    proposes to amend its regulations                       OAR–2017–0411 at http://                              through 1989 period.3 The 1990 CAA
                                                    concerning the VA Homeless Providers                    www.regulations.gov, or via email to                  Amendments further classified these
                                                    Grant and Per Diem (GPD) Program.                       lo.doris@epa.gov. For comments                        areas, based on the severity of their
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                       In FR Doc. 17–15338 appearing on                     submitted at Regulations.gov, follow the              nonattainment problem, as Marginal,
                                                    page 34457 in the Federal Register of                   online instructions for submitting                    Moderate, Serious, Severe or Extreme.
                                                                                                            comments. Once submitted, comments                       The control requirements and date by
                                                    Tuesday, July 25, 2017, the following
                                                                                                            cannot be edited or removed from                      which attainment of the one-hour ozone
                                                    corrections are made:
                                                       On page 34459, in the first column, in               Regulations.gov. For either manner of                   1 See sections 108 and 109 of the Act.
                                                    the second full paragraph, add a new                    submission, the EPA may publish any                     2 See 44 FR 8202, February 8, 1979.
                                                    first sentence, ‘‘VA makes no changes to                comment received to its public docket.                  3 See section 107(d)(4) of the Act. See also 56 FR

                                                    paragraphs (b) and (c) and merely                       Do not submit electronically any                      56694, November 6, 1991.



                                               VerDate Sep<11>2014   15:16 Aug 01, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4702   Sfmt 4702   E:\FR\FM\02AUP1.SGM    02AUP1


                                                                         Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Proposed Rules                                                    35923

                                                    standard was to be achieved varied with                 case, the EPA concluded that the                       II. Analysis of State Submission
                                                    an area’s classification. Marginal areas                submitted network plans satisfy the                       The criteria used to review the SIP
                                                    were subject to the fewest mandated                     requirements of 40 CFR 58.40(a). Since                 revision submittal are derived from the
                                                    control requirements and had the                        network descriptions may change                        CAA, and include: The General
                                                    earliest attainment date while higher                   annually, they are not part of the SIP as              Preamble; 7 the PAMS regulations,
                                                    classified areas were subject to more                   recommended by the document,                           codified at 40 CFR part 58; ‘‘Guideline
                                                    stringent planning requirements and                     ‘‘Guideline for the Implementation of                  for the Implementation of the Ambient
                                                    were provided more time to attain the                   the Ambient Air Monitoring                             Air Monitoring Regulations: 40 CFR part
                                                    standard.                                               Regulations, 40 CFR part 58.’’ However,                58—Guideline Series’’ (EPA–450/4–78–
                                                       In 1991, we published the initial                    the network description is negotiated                  038, Office of Air Quality Planning and
                                                    ozone classifications for nonattainment                 and approved during the annual review                  Standards, November 1979); and the
                                                    areas within each state, and within                     via the grant process under section 105                September 2, 1993, memorandum from
                                                    California, we classified six ozone                     of the Act, as required by 40 CFR                      G.T. Helms titled, ‘‘Final Boilerplate
                                                    nonattainment areas as Serious, Severe,                 58.20(d), 58.25, 58.36, and 58.46.                     Language for the PAMS SIP Submittal.’’
                                                    or Extreme: Los Angeles-South Coast                                                                               The September 2, 1993, Helms
                                                                                                               Section 182(c)(1) also requires that the
                                                    Air Basin (‘‘South Coast’’), Sacramento                                                                        boilerplate memorandum stipulates that
                                                                                                            SIP be revised to contain measures to
                                                    Metro, San Diego County, San Joaquin                                                                           the PAMS SIP, at a minimum, must:
                                                                                                            improve the ambient monitoring of
                                                    Valley, Southeast Desert Modified                                                                              Provide for monitoring of criteria
                                                    AQMA (‘‘Southeast Desert’’) and                         ozone, NOX, and VOC in ozone
                                                                                                            nonattainment areas classified as                      pollutants, such as ozone and nitrogen
                                                    Ventura County.4 Such areas were                                                                               dioxide and non-criteria pollutants,
                                                    subject to many requirements, including                 Serious, Severe or Extreme. The final
                                                                                                            PAMS rule requires that SIP revisions                  such as nitrogen oxides, speciated
                                                    those related to enhanced monitoring in                                                                        VOCs, including carbonyls, as well as
                                                    CAA section 182(c)(1).                                  under section 182(c)(1) provide for the
                                                                                                                                                                   meteorological parameters; provide a
                                                       Section 182(c)(1) of the CAA requires                establishment and maintenance of a
                                                                                                                                                                   copy of the approved (or proposed)
                                                    that the EPA promulgate rules for                       PAMS network.
                                                                                                                                                                   PAMS network description, including
                                                    enhanced monitoring of ozone, oxides                       On November 10, 1993, CARB                          the phase-in schedule, for public
                                                    of nitrogen (NOX), and volatile organic                 submitted to the EPA a SIP revision for                inspection during the public notice and/
                                                    compounds (VOC) no later than 18                        PAMS in California (‘‘California PAMS                  or comment period provided for in the
                                                    months after the date of the enactment                  SIP revision’’). The California PAMS SIP               SIP revision or, alternatively, provide
                                                    of the 1990 CAA Amendments. These                       revision consists of PAMS commitments                  information to the public upon request
                                                    rules are intended to provide a                         from five California air districts with                concerning the State’s plans for
                                                    mechanism for obtaining more                            jurisdiction within the six relevant                   implementing the rules; make reference
                                                    comprehensive and representative data                   ozone nonattainment areas: the South                   to the fact that PAMS will become a part
                                                    on ozone air pollution in areas                         Coast Air Quality Management                           of the State or local air monitoring
                                                    designated nonattainment and classified                 District(for South Coast and Southeast                 stations (SLAMS) network; and provide
                                                    as Serious, Severe or Extreme.                          Desert areas); Sacramento Metro AQMD                   a statement that SLAMS will employ
                                                       The final PAMS rule was promulgated                  (for the Sacramento Metro area); San                   federal reference or equivalent methods
                                                    by the EPA on February 12, 1993 (58 FR                  Diego County Air Pollution Control                     (FRMs or FEMs) while most PAMS
                                                    8452). Section 58.40(a) of the revised                  District (for the San Diego County area);              sampling will be conducted using
                                                    rule requires the State to submit a                     San Joaquin Valley Unified APCD (for                   methods that are not FRMs or FEMs but
                                                    PAMS network description, including a                   the San Joaquin Valley area), and                      approved by the EPA.
                                                    schedule for implementation, to the                     Ventura County APCD (for the Ventura                      The California PAMS SIP revision
                                                    Administrator within six months after                   County area), as well as CARB Executive                provides that each of the five relevant
                                                    promulgation or by August 12, 1993.5                    Orders approving the commitments, and                  air districts will implement PAMS as
                                                       On August 12, 1993, the California                   public process documentation. The                      required in 40 CFR part 58, as amended
                                                    Air Resources Board (CARB) submitted                    California PAMS SIP revision is                        February 12, 1993. Each district will
                                                    proposed PAMS network plans to the                      intended to meet the requirements of                   amend its SLAMS and its National Air
                                                    EPA that included a schedule for                        section 182(c)(1) of the Act and affect                Monitoring Stations monitoring systems
                                                    implementation for each of the six                      compliance with the PAMS regulations,                  to include the PAMS requirements.
                                                    subject areas in California. This                       codified at 40 CFR part 58, as                         Each district will develop its PAMS
                                                    submittal was reviewed and approved                     promulgated on February 12, 1993.                      network design and establish
                                                    in stages for the different areas.6 In each                                                                    monitoring sites pursuant to 40 CFR
                                                                                                            Howekamp, Director, Air and Toxics Division, EPA       part 58 in accordance with an approved
                                                      4 See  56 FR 56694, November 6, 1991.                 Region IX, dated August 15, 1995 (reference to         network description and as negotiated
                                                       5 Since 1993, EPA has significantly amended and
                                                                                                            approval in part of the PAMS Network Plan for          with the EPA through the CAA section
                                                    re-organized the monitoring network requirements        Sacramento County); letter from David P.
                                                    in 40 CFR part 58. For the purposes of this action,
                                                                                                                                                                   105 grant process on an annual basis.
                                                                                                            Howekamp, Air Division Director, EPA Region IX,
                                                    the citations to part 58 refer to the July 1, 1993      to Richard J. Sommerville, Air Pollution Control       Each district also provided the public
                                                    version of 40 CFR part 58, not the current version      Officer (APCO), San Diego County Air Pollution         with an opportunity to inspect the
                                                    because the California PAMS network description         Control District (APCD), March 9, 1994 (approval in    proposed network description during
                                                    submitted in 1993 was intended to address the           part of the PAMS Network Plan for San Diego
                                                    regulatory requirements that applied at the time.
                                                                                                                                                                   the public review process for the
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                                                                            County); memorandum from William F. Hunt, Jr.,
                                                       6 See, e.g., memorandum from William F. Hunt,        Director, Emissions, Monitoring, and Analysis          proposed SIP revision prior to
                                                    Jr., Director, Emissions, Monitoring, and Analysis      Division, EPA OAQPS to David Howekamp,
                                                    Division, EPA Office of Air Quality Planning and        Director, Air and Toxics Division, EPA Region IX,        7 EPA, General preamble for future proposed

                                                    Standards (OAQPS) to David P. Howekamp,                 dated August 16, 1995 (reference to approval in part   rulemakings, State Implementation Plans; General
                                                    Director, Air and Toxics Division, EPA Region IX,       of the PAMS Network Plan for San Joaquin Valley);      Preamble for the Implementation of Title I of the
                                                    dated September 22, 1995 (reference to approval in      and letter from David P. Howekamp, Air Division        Clean Air Act Amendments of 1990, 57 FR 13498
                                                    part of the PAMS Network Plan for the South Coast       Director, EPA Region IX, to Richard H. Baldwin,        (April 16, 1992) (‘‘General Preamble’’). The
                                                    and Southeast Desert); memorandum from William          APCO, Ventura County APCD, March 9, 1994               enhanced monitoring requirement in CAA section
                                                    F. Hunt, Jr., Director, Emissions, Monitoring, and      (approval in part of the PAMS Network Plan for         182(c)(1) is addressed on page 13515 of the General
                                                    Analysis Division, EPA OAQPS to David                   Ventura County).                                       Preamble.



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                                                    35924                Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Proposed Rules

                                                    forwarding the adopted version to CARB                  under the Regulatory Flexibility Act (5               ENVIRONMENTAL PROTECTION
                                                    for approval and submittal to the EPA                   U.S.C. 601 et seq.);                                  AGENCY
                                                    as a revision to the California SIP.                       • Does not contain any unfunded
                                                      The five California air districts have                                                                      40 CFR Part 192
                                                                                                            mandate or significantly or uniquely
                                                    implemented their PAMS networks as                      affect small governments, as described                [EPA–HQ–OAR–2012–0788; FRL–9965–50–
                                                    required in 40 CFR part 58. Each                        in the Unfunded Mandates Reform Act                   OAR]
                                                    relevant air district also includes a
                                                                                                            of 1995 (Pub. L. 104–4);                              RIN 2060–AP43
                                                    provision to meet quality assurance
                                                    requirements as contained in 40 CFR                        • Does not have federalism
                                                                                                            implications as specified in Executive                Health and Environmental Protection
                                                    part 58, appendix A and a provision to                                                                        Standards for Uranium and Thorium
                                                    assure that the PAMS monitors will                      Order 13132 (64 FR 43255, August 10,
                                                                                                                                                                  Mill Tailings
                                                    meet monitoring methodology                             1999);
                                                    requirements contained in 40 CFR part                      • Is not an economically significant               AGENCY:  Environmental Protection
                                                    58, appendix C. Lastly, the air districts               regulatory action based on health or                  Agency (EPA).
                                                    provided assurance that the PAMS                        safety risks subject to Executive Order               ACTION: Proposed rule; reopening of
                                                    network within their respective                         13045 (62 FR 19885, April 23, 1997);                  comment period.
                                                    jurisdictions will be phased in over a
                                                    period of not more than five years as                      • Is not a significant regulatory action           SUMMARY:    The U.S. Environmental
                                                    required in 40 CFR 58.44.                               subject to Executive Order 13211 (66 FR               Protection Agency (EPA) is announcing
                                                      As such, we conclude that the PAMS                    28355, May 22, 2001);                                 a reopening of the public comment
                                                    SIP revision submitted by CARB on                          • Is not subject to requirements of                period for the Notice of Proposed
                                                    November 10, 1993, meets the relevant                   section 12(d) of the National                         Rulemaking (NPRM) requesting public
                                                    statutory and regulatory requirements,                                                                        comment and information on revisions
                                                                                                            Technology Transfer and Advancement
                                                    and we propose to approve it as part of                                                                       to the EPA’s ‘‘Health and Environmental
                                                                                                            Act of 1995 (15 U.S.C. 272 note) because
                                                    the California SIP.                                                                                           Protection Standards for Uranium and
                                                                                                            application of those requirements would               Thorium Mill Tailings.’’
                                                    III. Proposed Action and Request for                    be inconsistent with the Clean Air Act;
                                                                                                                                                                  DATES: The comment period for the
                                                    Public Comment                                          and
                                                                                                                                                                  NPRM, published January 19, 2017 (82
                                                      Under CAA section 110(k)(3) and for                      • Does not provide the EPA with the                FR 4408), is reopened. Written
                                                    the reasons discussed above, the EPA                    discretionary authority to address, as                comments must be received on or before
                                                    proposes to approve the California                      appropriate, disproportionate human                   October 16, 2017.
                                                    PAMS SIP revision submitted on                          health or environmental effects, using                ADDRESSES: Submit your comments,
                                                    November 10, 1993, for six ozone                        practicable and legally permissible                   identified by Docket ID No. EPA–HQ–
                                                    nonattainment areas in California. We                   methods, under Executive Order 12898                  OAR–2012–0788, at https://
                                                    will accept comments from the public                    (59 FR 7629, February 16, 1994).                      www.regulations.gov. Follow the online
                                                    on the proposed approval for the next                      In addition, the SIP is not approved               instructions for submitting comments.
                                                    30 days.                                                to apply on any Indian reservation land               Once submitted, comments cannot be
                                                                                                            or in any other area where the EPA or                 edited or removed from Regulations.gov.
                                                    IV. Statutory and Executive Order                                                                             The EPA may publish any comment
                                                    Reviews                                                 an Indian tribe has demonstrated that a
                                                                                                            tribe has jurisdiction. In those areas of             received to its public docket. Do not
                                                      Under the Clean Air Act, the                                                                                submit electronically any information
                                                                                                            Indian country, the proposed action
                                                    Administrator is required to approve a                                                                        you consider to be Confidential
                                                                                                            does not have tribal implications and
                                                    SIP submission that complies with the                                                                         Business Information (CBI) or other
                                                                                                            will not impose substantial direct costs              information whose disclosure is
                                                    provisions of the Act and applicable
                                                                                                            on tribal governments or preempt tribal               restricted by statute. Multimedia
                                                    federal regulations. 42 U.S.C. 7410(k);
                                                    40 CFR 52.02(a). Thus, in reviewing SIP                 law as specified by Executive Order                   submissions (audio, video, etc.) must be
                                                    submissions, the EPA’s role is to                       13175 (65 FR 67249, November 9, 2000).                accompanied by a written comment.
                                                    approve state choices, provided that                    List of Subjects in 40 CFR Part 52                    The written comment is considered the
                                                    they meet the criteria of the Clean Air                                                                       official comment and should include
                                                    Act. Accordingly, this proposed action                    Environmental protection, Air                       discussion of all points you wish to
                                                    merely approves a state plan as meeting                 pollution control, Incorporation by                   make. The EPA will generally not
                                                    federal requirements and does not                       reference, Intergovernmental relations,               consider comments or comment
                                                    impose additional requirements beyond                   Nitrogen dioxide, Ozone, Reporting and                contents located outside of the primary
                                                    those imposed by state law. For that                    recordkeeping requirements, Volatile                  submission (i.e., on the web, cloud, or
                                                    reason, this proposed action:                           organic compounds.                                    other file sharing system). For
                                                      • Is not a significant regulatory action                Authority: 42 U.S.C. 7401 et seq.
                                                                                                                                                                  additional submission methods, the full
                                                    subject to review by the Office of                                                                            EPA public comment policy,
                                                    Management and Budget under                               Dated: July 14, 2017.                               information about CBI or multimedia
                                                    Executive Orders 12866 (58 FR 51735,                    Deborah Jordan,                                       submissions, and general guidance on
                                                    October 4, 1993) and 13563 (76 FR 3821,                 Acting Regional Administrator, Region IX.             making effective comments, please visit
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    January 21, 2011);                                      [FR Doc. 2017–16276 Filed 8–1–17; 8:45 am]
                                                                                                                                                                  https://www.epa.gov/dockets/
                                                      • Does not impose an information                      BILLING CODE 6560–50–P
                                                                                                                                                                  commenting-epa-dockets.
                                                    collection burden under the provisions                                                                        FOR FURTHER INFORMATION CONTACT:
                                                    of the Paperwork Reduction Act (44                                                                            Ingrid Rosencrantz, EPA Office of
                                                    U.S.C. 3501 et seq.);                                                                                         Radiation and Indoor Air, (202) 343–
                                                      • Is certified as not having a                                                                              9286, rosencrantz.ingrid@epa.gov.
                                                    significant economic impact on a                                                                              SUPPLEMENTARY INFORMATION: The EPA
                                                    substantial number of small entities                                                                          published the NPRM on January 19,


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Document Created: 2017-08-02 07:09:34
Document Modified: 2017-08-02 07:09:34
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 September 1, 2017.
ContactDoris Lo, EPA Region IX, (415) 972- 3959, [email protected]
FR Citation82 FR 35922 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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