[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33230-33233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13064]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2012-0971;FRL-9818-1]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; State of California;
Redesignation of San Diego County to Attainment for the 1997 8-Hour
Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving, as a revision of the California state
implementation plan, a request from the California Air Resources Board
to redesignate the San Diego County ozone nonattainment area to
attainment of the 1997 8-hour ozone National Ambient Air Quality
Standard (1997 ozone standard) because the request meets the statutory
requirements for redesignation under the Clean Air Act. EPA is also
approving the State's plan for maintaining the 1997 ozone standard in
San Diego County for ten years beyond redesignation, and the
inventories and related motor vehicle emissions budgets within the
plan, because they meet the applicable requirements for such plans and
budgets.
DATES: This final rule is effective on July 5, 2013.
ADDRESSES: EPA has established a docket for this action: Docket ID No.
EPA-R05-OAR-2012-0791. Generally, documents in the docket for this
action are available electronically at www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3963, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
Table of Contents
I. Summary of Today's Final Action
II. Background
III. What comments did EPA receive on the proposed rule?
IV. What actions is EPA taking?
V. Statutory and Executive Order Reviews
I. Summary of Today's Final Action
EPA is approving several related actions. First, under Clean Air
Act (CAA or ``Act'') section 110(k)(3), EPA is approving a maintenance
plan for the 1997 8-hour ozone standard (``San Diego 8-hour maintenance
plan'') for the San Diego County 1997 ozone nonattainment area (``San
Diego 8-hour area'') as a revision to the California state
implementation plan (SIP).\1\ The San Diego 8-hour maintenance plan is
included in a document titled Redesignation Request and Maintenance
Plan for the 1997 National Ozone Standard for San Diego County
(December 2012) submitted by the California Air Resources Board (CARB)
on December 28, 2012.
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\1\ On March 27, 2008 (73 FR 16436), EPA promulgated a revised
8-hour ozone standard of 0.075 ppm (the 2008 8-hour ozone standard),
and on May 21, 2012, EPA designated San Diego County as
nonattainment for the 2008 8-hour ozone standard (77 FR 30088). This
rulemaking relates only to the 1997 8-hour ozone standard and does
not relate to the 2008 8-hour ozone standard.
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In connection with the San Diego 8-hour maintenance plan, EPA finds
that the maintenance demonstration showing how the area will continue
to attain the 1997 8-hour ozone national ambient air quality standard
(1997 ozone NAAQS or 1997 ozone standard) for at least 10 years beyond
redesignation (i.e., through 2025) and the contingency provisions
describing the actions that the San Diego County Air Pollution Control
District (SDCAPCD) will take in the event of a future monitored
violation meet all applicable requirements for maintenance plans and
related contingency provisions in CAA section 175A. EPA is also
approving the motor vehicle emissions budgets (MVEBs) in the San Diego
8-hour maintenance plan because we find that they meet the applicable
transportation conformity requirements under 40 CFR 93.118(e).
Second, under CAA section 107(d)(3)(D), EPA is approving CARB's
request that accompanied the submittal of the San Diego 8-hour
maintenance plan, that is, to redesignate the San Diego 8-hour area to
attainment for the 1997 ozone standard. We are doing so based on our
conclusion that the area has met the five criteria for redesignation
under CAA section 107(d)(3)(E). Our conclusion in this
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regard is based on our determination that the area has attained the
1997 ozone standard; that relevant portions of the California SIP are
fully approved; that the improvement in air quality is due to permanent
and enforceable reductions in emissions; that California has met all
requirements applicable to the San Diego 8-hour area with respect to
section 110 and part D of the CAA; and is based on our approval of the
San Diego 8-hour maintenance plan, which is part of this action.
II. Background
On March 25, 2013 (78 FR 17902), EPA issued a notice of rulemaking
proposing to approve California's request to redesignate the San Diego
County area to attainment for the 1997 8-hour ozone standard, as well
as proposing to approve California's ten-year ozone maintenance plan
for the area, and the volatile organic compound (VOC) and oxides of
nitrogen (NOX) MVEBs, and VOC and NOX emission
inventories as revisions of the California SIP.\2\ The proposed
rulemaking set forth the basis for determining that California's
redesignation request meets the CAA requirements for redesignation for
the 1997 8-hour ozone NAAQS. The proposed rulemaking provided an
extensive background on the ozone standards and their relationship to
historical air quality in San Diego County. The proposed rulemaking
also described the complete, quality-assured air quality monitoring
data for San Diego County for 2009-2011 showing that this area attained
the 1997 8-hour ozone NAAQS. Preliminary data available to date for
2012 are consistent with continued attainment of the 1997 8-hour ozone
NAAQS.
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\2\ Ground-level ozone is generally not emitted directly by
sources. Rather, directly-emitted NOX and VOC react in
the presence of sunlight to form ground-level ozone, as a secondary
pollutant, along with other secondary compounds. NOX and
VOC are ``ozone precursors.'' Reduction of peak ground-level ozone
concentrations is typically achieved through controlling VOC and
NOX emissions.
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III. What comments did EPA receive on the proposed rule?
EPA's proposed rule provided a 30-day public comment period. During
this period, we received comment letters from the United States
Department of the Navy and the Industrial Environmental Association in
support of EPA's March 25, 2013, proposed rule. During the public
comment period, we did not receive any comments opposing the proposed
rule.
IV. What actions is EPA taking?
Under CAA section 110(k)(3), and for the reasons provided in the
proposed rule and summarized herein, EPA is approving CARB's submittal
dated December 28, 2012 of the Redesignation Request and Maintenance
Plan for the 1997 National Ozone Standard for San Diego County
(December 2012) as a revision to the California state implementation
plan (SIP). In connection with the San Diego 8-hour maintenance plan,
EPA finds that the maintenance demonstration showing how the area will
continue to attain the 1997 8-hour ozone NAAQS for 10 years beyond
redesignation (i.e., through 2025) and the contingency provisions
describing the actions that SDCAPCD and CARB will take in the event of
a future monitored violation meet all applicable requirements for
maintenance plans and related contingency provisions in CAA section
175A. EPA is approving the MVEBs in the San Diego 8-hour maintenance
plan (shown in table 7 of this document) because we find they meet the
applicable transportation conformity requirements under 40 CFR
93.118(e).
Second, under CAA section 107(d)(3)(D), we are approving CARB's
request, which accompanied the submittal of the maintenance plan, to
redesignate the San Diego County 8-hour ozone nonattainment area to
attainment for the 1997 8-hour ozone NAAQS. We are doing so based on
our conclusion that the area has met the five criteria for
redesignation under CAA section 107(d)(3)(E). Our conclusion in this
regard is in turn based on our determination that the area has attained
the 1997 ozone NAAQS; that relevant portions of the California SIP are
fully approved; that the improvement in air quality is due to permanent
and enforceable reductions in emissions; that California has met all
requirements applicable to the San Diego 8-hour area with respect to
section 110 and part D of the CAA; and is based on our approval of the
San Diego 8-hour maintenance plan, which is part of this action.
V. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. Redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, 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, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act. Accordingly, these actions merely approve a State plan
and redesignation request as meeting federal requirements and do not
impose additional requirements beyond those by state law. For these
reasons, these actions:
Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, 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 the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law. Nonetheless, in
accordance with EPA's 2011 Policy on Consultation and Coordination with
Tribes, EPA has
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notified Tribes located within the San Diego County 8-hour ozone
nonattainment.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 14, 2013.
Jared Blumenfeld,
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 52.220 is amended by adding paragraph (c)(425) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(425) A plan was submitted on December 28, 2012, by the Governor's
designee.
(i) [Reserved]
(ii) Additional material
(A) San Diego County Air Pollution Control District (SDAPCD).
(1) Redesignation Request and Maintenance Plan for the 1997
National Ozone Standard for San Diego County, including motor vehicle
emissions budgets (MVEBs) and inventories.
(2) SDAPCD Resolution Number 12-175, dated December 5, 2012.
``Resolution Adopting the Redesignation Request and Maintenance Plan
for the 1997 National Ozone Standard for San Diego County,'' including
inventories and motor vehicle emissions budgets for 2020 and 2025.
(B) State of California Air Resources Board (CARB)
(1) CARB Resolution Number 12-36, dated December 6, 2012.
``Approval of the San Diego 8-Hour Ozone SIP Redesignation Request and
Maintenance Plan,'' including inventories and motor vehicle emissions
budgets for 2020 and 2025.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
4. Section 81.305 is amended by revising the entry for San Diego
County, CA in the table entitled ``California--1997 8-Hour Ozone NAAQS
(Primary and Secondary)'' to read as follows:
Sec. 81.305 California.
* * * * *
California--1997 8-Hour Ozone NAAQS (Primary and Secondary)
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Designation \a\ Category/Classification
Designated area --------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
San Diego, CA..................
San Diego County (part)........
That portion of San Diego July 5, 2013..... Attainment............ ................. .................
County that excludes the
areas listed below: La
Posta Areas 1 and
2,\b\ Cuyapaipe
Area,\b\ Manzanita
Area,\b\ Campo Areas
1 and 2\b\.
La Posta Areas 1 ................. Unclassifiable/ ................. .................
and 2,\b\. Attainment.
Cuyapaipe Area,\b\......... ................. Unclassifiable/ ................. .................
Attainment.
Manzanita Area,\b\............. ................. Unclassifiable/ ................. .................
Attainment.
Campo Areas 1 and ................. Unclassifiable/ ................. .................
2\b\. 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.
* * * * *
\1\ This date is June 15, 2004, unless otherwise noted.
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[FR Doc. 2013-13064 Filed 6-3-13; 8:45 am]
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