[Federal Register Volume 77, Number 55 (Wednesday, March 21, 2012)]
[Rules and Regulations]
[Pages 16447-16453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6562]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2012-0189; FRL-9649-1]
Approval and Promulgation of Implementation Plans; Designation of
Areas for Air Quality Planning Purposes; State of California; Ozone;
Nitrogen Dioxide; Technical Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical amendments.
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SUMMARY: EPA is making technical amendments to the Code of Federal
Regulations (CFR) to reflect the final actions published by the Agency
on October 7, 2003, April 30, 2004, and May 5, 2010 in connection with
the designations and classifications of certain areas in California for
the 1971 annual nitrogen dioxide standard and the 1997 eight-hour ozone
standard pursuant to the Clean Air Act. The areas that are the subject
of these technical amendments include Riverside County, Western Mojave
Desert, South Coast Air Basin, Eastern Kern County, and San Diego
County.
DATES: These technical amendments are effective on March 21, 2012.
FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX, (415) 972-
3959, [email protected].
SUPPLEMENTARY INFORMATION:
Technical Amendment for California--NO2 Table in 40 CFR
81.305
In today's action, we are making a technical amendment to correct
an erroneous codification of our 2003 boundary change rule with respect
to the ``California--NO2 (1971 Annual Standard)'' table in
40 CFR 81.305.\1\ As described in our October 7, 2003 final rule (68 FR
at 57821 and 57824) redesignating certain air quality planning area
boundaries in southern California, we intended to revise the entry in
the table for ``Riverside County (portion within SE. Desert AQMD)
County'' to ``Riverside County (Coachella Valley planning area)'' and
to revise the entry for ``Riverside County, non-AQMA portion County''
to ``Riverside County (portion not within South Coast Air Basin or
Coachella Valley planning area).'' However, the entry for ``Riverside
County (Coachella Valley planning area),'' which was to become an entry
in the table, is not found in the current version of the ``California--
NO2 (1971 Annual Standard)'' table whereas the entry for
``Riverside County, non-AQMA portion County,'' which was intended to be
replaced, remains in the table. In today's action, we are making a
technical amendment to ensure that the ``California--NO2
(1971 Annual Standard)'' table in 40 CFR 81.305 to accurately reflect
the intent of our 2003 boundary change action.
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\1\ The table heading was recently revised to read
``California--NO2 (1971 Annual Standard)'' in a final
rule published on February 17, 2012 at 77 FR 9532, at 9540,
effective February 29, 2012. The table heading previously had been
``California-NO2.''
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Today's technical amendment makes no change to the substance of our
October 7, 2003 final rule.
Technical Amendments for California--Ozone (8-Hour Standard) Table in
40 CFR 81.305
With respect to the ``California--Ozone (8-Hour Standard)'' table
in 40 CFR 81.305, we are making a number of technical amendments that
stem from previous EPA rulemakings. All of the subject areas are
located within the State of California.
On April 30, 2004, at 69 FR 23858, we published a final rule
announcing and promulgating designations, classifications, and
boundaries for areas in the country with respect to the 1997 8-hour
ozone National Ambient Air Quality Standard (NAAQS) in accordance with
the requirements of the Clean Air Act (CAA). In our April 30, 2004
final rule, we designated the Western Mojave Desert area as a moderate
nonattainment area for the 1997 8-hour ozone National Ambient Air
Quality Standard. See 69 FR 23858, at 23884-85 (April 30, 2004).
Subsequently, on May 5, 2010, EPA published a final rule granting
California's request for reclassification of several areas for the 1997
8-hour ozone standard. See 75 FR 24409 (May 5, 2010). The Western
Mojave Desert was not among the areas that were the subject of EPA's
May 5, 2010 final rule, but the changes made to the ``California--Ozone
(8-Hour Standard)'' table to codify our May 5, 2010 final rule had the
inadvertent effect of removing a portion of the definition of the
Western Mojave Desert 8-hour ozone nonattainment area from the
``California--Ozone (8-Hour Standard)'' table. In today's action, EPA
is making a technical amendment to re-insert the inadvertently removed
portion of the definition of the Western Mojave Desert area into the
``California--Ozone (8-Hour Standard)'' table in 40 CFR 81.305.
Second, in codifying the designations in EPA's April 30, 2004 final
rule, we inadvertently indented the title of the
[[Page 16448]]
``Los Angeles-South Coast Air Basin, CA'' in the ``California--Ozone
(8-Hour Standard)'' table. Given the format of this table in the CFR,
the inadvertent indentation of ``Los Angeles-South Coast Air Basin,
CA'' in the ``California--Ozone (8-Hour Standard)'' table aligns the
basin with the individual counties or portions thereof that comprise
the basin and thus is potentially confusing. We are therefore making a
technical amendment in today's action to properly format the title of
the basin to show the proper relationship between the basin and the
counties (or portions thereof) that comprise the basin.
Third, in our April 30, 2004 final rule, we inadvertently failed to
list the Indian Wells Valley area (which is that portion of Kern County
that lies in hydrologic unit number 18090205) as ``Unclassifiable/
Attainment'' in the California table of designations and
classifications for the 8-hour ozone standard. We provided an
explanation for distinguishing the Indian Wells Valley area from the
rest of eastern Kern County in the background documentation for the
April 30, 2004 final rule, but did not include the appropriate listing
in the California table. See pages 3-22 to 3-23 in Chapter 3
(``Justifications in Support of EPA's 8-Hour Ozone Designations'') of
EPA's report in support of the final designations entitled, ``Technical
Support for State and Tribal Air Quality Designations and
Classifications'' (April 2004). In today's action, we are making a
technical amendment to properly list the Indian Wells Valley portion of
eastern Kern County as an ``Unclassifiable/Attainment'' area for the
1997 8-hour ozone standard.
Lastly, in EPA's April 30, 2004 final rule, EPA designated all of
San Diego County in California as a nonattainment area for the 8-hour
ozone standard but excluded from that nonattainment area a list of
areas identified as La Posta Areas 1 and 2, Cuyapaipe
Area, Manzanita Area, and Campo Areas 1 and 2. See 69
FR at 23887. We intended to designate the latter areas as
``Unclassifiable/Attainment'' and included our justification for their
area designations and rationale for distinguishing them from the
surrounding nonattainment area in the Technical Support Document for
nationwide 8-hour ozone designations final rule. See pages 3-34 to 3-36
in Chapter 3 (``Justifications in Support of EPA's 8-Hour Ozone
Designations'') of EPA's report in support of the final designations
entitled, ``Technical Support for State and Tribal Air Quality
Designations and Classifications'' (April 2004). However, the entries
for these areas were inadvertently omitted from the table codifying
designations and classifications for the 8-hour ozone standard within
the State of California. In today's action, we are making a technical
amendment to properly list the four tribal areas in eastern San Diego
County as ``Unclassifiable/Attainment'' areas for the 1997 8-hour ozone
standard.
Today's technical amendments make no change to the substance of
EPA's April 30, 2004 or May 5, 2010 final rules.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: March 8, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 81, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.305 is amended as follows:
0
a. In the table for ``California--NO2 (1971 Annual
Standard)'' by removing the entry for ``Riverside County, non-AQMA
portion County'' and adding an entry for ``Riverside County (Coachella
Valley Planning Area)'' in its place;
0
b. In the table for ``California--Ozone (8-Hour Standard)'' by revising
the entries for ``Kern County (Eastern Kern), CA,'' ``Kern County
(part),'' ``Los Angeles-South Coast Air Basin, CA,'' ``Los Angeles
County (part),'' ``Orange County,'' ``Riverside County (part),'' ``San
Bernardino County (part),'' ``San Diego, CA,'' and ``San Diego County
(part).''
The revisions read as follows:
Sec. 81.305 California.
* * * * *
California--NO2
[1971 Annual standard]
------------------------------------------------------------------------
Cannot be
Does not meet classified or
Designated area primary better than
standards national standards
------------------------------------------------------------------------
* * * * * *
Riverside County (Coachella ................. X
Valley planning area)
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------------------------------------------------------------------------
California--Ozone
[8-Hour standard]
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Designation \a\ Classification
Designated area ----------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Kern County (Eastern Kern), CA:
Kern County (part) ............... Nonattainment ............... Subpart 1.
[[Page 16449]]
That portion of Kern County (with the exception of that
portion in Hydrologic Unit 18090205--the
Indian Wells Valley) east and south of a line
described as follows: Beginning at the Kern-Los
Angeles County boundary and running north and east
along the northwest boundary of the Rancho La Liebre
Land Grant to the point of intersection with the range
line common to Range 16 West and Range 17 West, San
Bernardino Base and Meridian; north along the range
line to the point of intersection with the Rancho El
Tejon Land Grant boundary; then southeast, northeast,
and northwest along the boundary of the Rancho El
Tejon Grant to the northwest corner of Section 3,
Township 11 North, Range 17 West; then west 1.2 miles;
then north to the Rancho El Tejon Land Grant boundary;
then northwest along the Rancho El Tejon line to the
southeast corner of Section 34, Township 32 South,
Range 30 East, Mount Diablo Base and Meridian; then
north to the northwest corner of Section 35, Township
31 South, Range 30 East; then northeast along the
boundary of the Rancho El Tejon Land Grant to the
southwest corner of Section 18, Township 31 South,
Range 31 East; then east to the southeast corner of
Section 13, Township 31 South, Range 31 East; then
north along the range line common to Range 31 East and
Range 32 East, Mount Diablo Base and Meridian, to the
northwest corner of Section 6, Township 29 South,
Range 32 East; then east to the southwest corner of
Section 31, Township 28 South, Range 32 East; then
north along the range line common to Range 31 East and
Range 32 East to the northwest corner of Section 6,
Township 28 South, Range 32 East, then west to the
southeast corner of Section 36, Township 27 South,
Range 31 East, then north along the range line common
to Range 31 East and Range 32 East to the Kern-Tulare
County boundary.
Kern County (part) ............... Unclassifiable/Attainment
That portion of Kern County contained with Hydrologic
Unit 18090205--Indian Wells Valley.
* * * * * * *
Los Angeles--South Coast Air Basin, CA: ............... Nonattainment (\2\) Subpart 2/Extreme.
Los Angeles County (part) ............... Nonattainment (\2\) Subpart 2/Extreme.
[[Page 16450]]
That portion of Los Angeles County which lies south and
west of a line described as follows: Beginning at the
Los Angeles-San Bernardino County boundary and running
west along the Township line common to Township 3
North and Township 2 North, San Bernardino Base and
Meridian; then north along the range line common to
Range 8 West and Range 9 West; then west along the
Township line common to Township 4 North and Township
3 North; then north along the range line common to
Range 12 West and Range 13 West to the southeast
corner of Section 12, Township 5 North and Range 13
West; then west along the south boundaries of Sections
12, 11, 10, 9, 8, and 7, Township 5 North and Range 13
West to the boundary of the Angeles National Forest
which is collinear with the range line common to Range
13 West and Range 14 West; then north and west along
the Angeles National Forest boundary to the point of
intersection with the Township line common to Township
7 North and Township 6 North (point is at the
northwest corner of Section 4 in Township 6 North and
Range 14 West); then west along the Township line
common to Township 7 North and Township 6 North; then
north along the range line common to Range 15 West and
Range 16 West to the southeast corner of Section 13,
Township 7 North and Range 16 West; then along the
south boundaries of Sections 13, 14, 15, 16, 17, and
18, Township 7 North and Range 16 West; then north
along the range line common to Range 16 West and Range
17 West to the north boundary of the Angeles National
Forest (collinear with the Township line common to
Township 8 North and Township 7 North); then west and
north along the Angeles National Forest boundary to
the point of intersection with the south boundary of
the Rancho La Liebre Land Grant; then west and north
along this land grant boundary to the Los Angeles-Kern
County boundary.
Orange County ............... Nonattainment (\2\) Subpart 2/Extreme.
Riverside County (part) ............... Nonattainment (\2\) Subpart 2/Extreme.
[[Page 16451]]
That portion of Riverside County, except that portion
of the area defined below that lies within the Morongo
Reservation or the Pechanga Reservation \c\, which
lies to the west of a line described as follows:
Beginning at the Riverside-San Diego County boundary
and running north along the range line common to Range
4 East and Range 3 East, San Bernardino Base and
Meridian; then east along the Township line common to
Township 8 South and Township 7 South; then north
along the range line common to Range 5 East and Range
4 East; then west along the Township line common to
Township 6 South and Township 7 South to the southwest
corner of Section 34, Township 6 South, Range 4 East;
then north along the west boundaries of Sections 34,
27, 22, 15, 10, and 3, Township 6 South, Range 4 East;
then west along the Township line common to Township 5
South and Township 6 South; then north along the range
line common to Range 4 East and Range 3 East; then
west along the south boundaries of Sections 13, 14,
15, 16, 17, and 18, Township 5 South, Range 3 East;
then north along the range line common to Range 2 East
and Range 3 East; to the Riverside-San Bernardino
County line.
Morongo Reservation \c\ ............... Nonattainment (\2\) Subpart 2/Severe-17.
Pechanga Reservation \c\ ............... Nonattainment (\2\) Subpart 2/Severe-17.
San Bernardino County (part) ............... Nonattainment (\2\) Subpart 2/Extreme.
That portion of San Bernardino County which lies south
and west of a line described as follows: Beginning at
the San Bernardino-Riverside County boundary and
running north along the range line common to Range 3
East and Range 2 East, San Bernardino Base and
Meridian; then west along the Township line common to
Township 3 North and Township 2 North to the San
Bernardino-Los Angeles County boundary.
Los Angeles and San Bernardino Counties (Western Mojave ............... Nonattainment ............... Subpart 2/Moderate.
Desert), CA
Los Angeles County (part) ............... Nonattainment ............... Subpart 2/Moderate.
[[Page 16452]]
That portion of Los Angeles County which lies north and
east of a line described as follows: Beginning at the
Los Angeles-San Bernardino County boundary and running
west along the Township line common to Township 3
North and Township 2 North, San Bernardino Base and
Meridian; then north along the range line common to
Range 8 West and Range 9 West; then west along the
Township line common to Township 4 North and Township
3 North; then north along the range line common to
Range 12 West and Range 13 West to the southeast
corner of Section 12, Township 5 North and Range 13
West; then west along the south boundaries of Sections
12, 11, 10, 9, 8, and 7, Township 5 North and Range 13
West to the boundary of the Angeles National Forest
which is collinear with the range line common to Range
13 West and Range 14 West; then north and west along
the Angeles National Forest boundary to the point of
intersection with the Township line common to Township
7 North and Township 6 North (point is at the
northwest corner of Section 4 in Township 6 North and
Range 14 West); then west along the Township line
common to Township 7 North and Township 6 North; then
north along the range line common to Range 15 West and
Range 16 West to the southeast corner of Section 13,
Township 7 North and Range 16 West; then along the
south boundaries of Sections 13, 14, 15, 16, 17, and
18, Township 7 North and Range 16 West; then north
along the range line common to Range 16 West and Range
17 West to the north boundary of the Angeles National
Forest (collinear with the Township line common to
Township 8 North and Township 7 North); then west and
north along the Angeles National Forest boundary to
the point of intersection with the south boundary of
the Rancho La Liebre Land Grant; then west and north
along this land grant boundary to the Los Angeles-Kern
County boundary.
San Bernardino County (part) ............... Nonattainment ............... Subpart 2/Moderate.
[[Page 16453]]
That portion of San Bernardino County which lies north
and east of a line described as follows: Beginning at
the San Bernardino-Riverside County boundary and
running north along the range line common to Range 3
East and Range 2 East, San Bernardino Base and
Meridian; then west along the Township line common to
Township 3 North and Township 2 North to the San
Bernardino-Los Angeles County boundary; And that
portion of San Bernardino County which lies south and
west of a line described as follows: latitude 35
degrees, 10 minutes north and longitude 115 degrees,
45 minutes west.
* * * * * * *
San Diego County, CA:
San Diego County (part) ............... Nonattainment ............... Subpart 1.
That portion of San Diego County that excludes La Posta
Areas 1 and 2,\b\ Cuyapaipe Area,\b\
Manzanita Area,\b\ and Campo Areas 1 and
2.\b\
San Diego County (part)
La Posta Areas 1 and 2 \b\ ............... Unclassifiable/Attainment
Cuyapaipe Area \b\ ............... Unclassifiable/Attainment
Manzanita Area \b\ ............... Unclassifiable/Attainment
Campo Areas 1 and 2 \b\ ............... Unclassifiable/Attainment
* * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\b\ The boundaries for these designated areas are based on coordinates of latitude and longitude derived from EPA Region 9's GIS database and are
illustrated in a map entitled ``Eastern San Diego County Attainment Areas for the 8-Hour Ozone NAAQS,'' dated March 9, 2004, including an attached set
of coordinates. The map and attached set of coordinates are available at EPA's Region 9 Air Division office. The designated areas roughly approximate
the boundaries of the reservations for these tribes, but their inclusion in this table is intended for CAA planning purposes only and is not intended
to be a Federal determination of the exact boundaries of the reservations. Also, the specific listing of these tribes in this table does not confer,
deny, or withdraw Federal recognition of any of the tribes so listed nor any of the tribes not listed.
\c\ The use of reservation boundaries for this designation is for purposes of CAA planning only and is not intended to be a Federal determination of the
exact boundaries of the reservations. Nor does the specific listing of the Tribes in this table confer, deny, or withdraw Federal recognition of any
of the Tribes listed or not listed.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ This date is June 4, 2010.
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[FR Doc. 2012-6562 Filed 3-20-12; 8:45 am]
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