[Federal Register Volume 60, Number 12 (Thursday, January 19, 1995)]
[Rules and Regulations]
[Pages 3771-3773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1317]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[CA-103-1-6722 FRL-5125-2]
Designation of Areas for Air Quality Planning Purposes; State of
California; Correction of Design Value for San Diego Ozone
Nonattainment Area; Reclassification of San Diego Ozone Nonattainment
Area to Serious
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document announces the EPA Region IX decision to
reclassify the San Diego, California, ozone nonattainment area (San
Diego) from severe to serious. San Diego was classified as a severe
ozone nonattainment area by EPA on November 6, 1991 (56 FR 56694).
However, EPA has determined that the ozone design value of .190 ppm
published by EPA and used in classifying San Diego as a severe ozone
nonattainment area was incorrect. The correct monitored ozone design
value was .185 ppm. This design value falls within the range of values
which would have provided the opportunity for the State to request
reclassification of San Diego under section 181(a)(4) of the Clean Air
Act, as amended in 1990 (CAA or the Act). Pursuant to section 110(k) of
the Act, which allows EPA to correct its actions, EPA is today
publishing the correct design value of .185 ppm and is granting the
State's request to reclassify the San Diego nonattainment area under
section 181(a)(4).
EFFECTIVE DATE: February 21, 1995.
FOR FURTHER INFORMATION CONTACT: Angela Baranco, Plans Development
Section (A-2-2), Air Planning Branch, United States Environmental
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco,
California, 94105, (415) 744-1196.
Supplementary Information:
Background
Prior to the 1990 amendments to the Act, EPA identified and
designated nonattainment areas with respect to the National Ambient Air
Quality Standards (NAAQS). For such areas, States submitted State
Implementation Plans (SIPs) to control emissions and achieve attainment
of the NAAQS. The San Diego ozone nonattainment area (San Diego) was
originally designated as nonattainment for ozone on March 3, 1978 (as
well as for other pollutants not addressed in this document). The SIP
for San Diego was first adopted in the early 1970's. The revised SIP
was fully approved by EPA on November 25, 1983 (48 FR 53114) and
December 28, 1983 (48 FR 57130).
Under the 1990 amendments to the Act, San Diego retained its
designation of nonattainment and was classified as severe by operation
of law pursuant to sections 107(d) and 181(a) upon the date of
enactment of the CAA. See 56 FR 56694 (November 6, 1991). This
classification was required to be based on the design value for the
area. The actual monitored value for San Diego was .185 ppm. This value
was reported to the California Air Resources Board (CARB), which
rounded the value to .19 ppm and submitted it to EPA. EPA published
this number as .190 ppm in its November 6, 1991 Federal Register
document.
CAA Provisions
A. Correction of Error Under Section 110(k)(6)
Section 110(k)(6) of the Act provides:
Whenever the Administrator determines that the Administrator's
action approving, disapproving, or promulgating any plan or plan
revision (or part thereof), area designation, redesignation,
classification, or reclassification was in error, the Administrator
may in the same manner as the approval, disapproval, or promulgation
revise such action as appropriate without requiring any further
submission from the State. Such determination and the basis thereof
shall be provided to the State and public.
EPA interprets this provision to authorize the Agency to make
corrections to a promulgation when it is shown to EPA's satisfaction
that: (1) EPA erred in failing to consider or inappropriately
considered information made available to EPA at the time of the
promulgation, or the information made available at the time of
promulgation is subsequently demonstrated to have been clearly
inadequate; and (2) other information persuasively supports a change in
the promulgation.
EPA's initial action in classifying San Diego was based on an ozone
design value of .190 ppm. That information was subsequently
demonstrated to have been incorrect, and the true design value was .185
ppm. Accordingly, in today's action, EPA is correcting this error by
publishing the correct design value of .185 ppm for San Diego.
B. Classification Adjustment Under Section 181(a)(4)
Section 181(a)(4) of the Act provides a 90-day period following
publication of a classification during which any nonattainment area
with a design value within 5 percent of the next higher or lower
classification may request to be reclassified. When EPA published .190
ppm as the ozone design value, the San Diego planning staff concluded
it could not take advantage of the five-percent classification
adjustment provision because this value does not fall within 5 percent
of the cutoff for classification as serious. However, the correct value
of .185 ppm does fall within 5 percent of this number (.179 ppm). When
the discrepancy in the ozone design values was discovered, the State
requested that EPA reclassify San Diego. After determining that the
original classification had been based on an erroneous design value,
and that the error may be corrected pursuant to section 110(k)(6), EPA
accepted the State's request, made by letter dated July 19, 1993, to
reclassify the San Diego ozone nonattainment area from severe to
serious under section 181(a)(4).
C. Criteria for Reclassification
Section 181(a)(4) of the CAA provides general guidelines to
determine whether an area qualifies for a classification adjustment:
In making such adjustment, the Administrator may consider the
number of exceedances of the (NAAQS) for ozone in the area, the
level of pollution transport between the area and other affected
areas, including both intrastate and interstate transport, and the
mix of sources and air pollutants in the area.
EPA interprets this provision to mean that the area must demonstrate
that it can attain the ozone NAAQS by the earlier date required by the
lower classification. As discussed in more detail in subsection 3
below, San Diego has submitted a preliminary demonstration that ``but
for transport'', it would attain the ozone NAAQS by the 1999 attainment
deadline for serious areas. Documentation concerning each of the
section 181(a)(4) criteria has been submitted by San Diego as part of
this demonstration and is discussed briefly below. For a detailed
discussion and analysis of these submissions please refer to EPA's
Technical Support Document (TSD).
1. Exceedances
San Diego submitted data concerning the number of exceedances per
year from 1980 to 1992. This data shows a clear downward trend
projecting zero exceedances in 1999.
[[Page 3772]]
2. Pollution Sources
San Diego provided information regarding the mix of sources and air
pollutants which shows that on-road motor vehicle emissions are
projected to decline through 1999 and beyond, and that other
anthropogenic emissions will remain more or less constant. Based on
these projections, motor vehicle emissions should not undermine San
Diego's overall downward trends for both short and long term emissions.
3. Attainment Demonstration and Transport
In initial responses to requests for reclassification under section
181(a)(4), EPA required that an area under consideration for a
classification downwards show that it would attain the NAAQS by the
earlier attainment deadline, including transported emissions from
upwind areas. However, EPA has recently issued guidance that allows
attainment date extensions for downwind nonattainment areas which are
overwhelmingly affected by transported pollutants from nonattainment
areas of higher classifications, and which would otherwise attain the
NAAQS for ozone (``Ozone Attainment Dates for Areas Affected by
Overwhelming Transport'', Mary D. Nichols, Assistant Administrator for
Air and Radiation, September 1, 1994). Under the new policy, a downwind
area must demonstrate attainment of the NAAQS for locally generated
ozone episodes by the attainment date specified by its new
classification and demonstrate attainment under transport conditions
except for transported pollutants.
San Diego has provided a credible preliminary showing that it meets
the requirements for demonstrating attainment by 1999 or locally
generated ozone episodes and under transport conditions except for
transported pollutants. This showing contained data showing
overwhelming transport from the South Coast Air Basin, including a
detailed discussion of San Diego's transport assessment methodology.
San Diego also submitted preliminary documentation of modeling being
prepared for its November 15, 1994 attainment demonstration. San Diego
has modeled both a local and a transport ozone episode using the Urban
Airshed Model (UAM). This preliminary showing demonstrates that San
Diego will attain the ozone NAAQS ``but for'' transported emissions by
1999. For an in-depth discussion and analysis of San Diego's
preliminary showing, refer to EPA's technical support document.
4. Other Factors
Discontinuity: A 5-percent classification downwards must not result
in an illogical or excessive discontinuity relative to surrounding
areas. In particular, in light of the area-wide nature of ozone
formation, a classification downwards should not create a ``donut
hole'' where an area of one classification is surrounded by areas of
higher classification. The San Diego nonattainment area is bordered by
the South Coast air district, an ``extreme'' ozone nonattainment area
which transports emissions to San Diego from the north and west, and by
the Imperial County air district, which is a ``transitional'' ozone
nonattainment area. A serious classification falls between the
classifications of the surrounding areas, and thus does not constitute
discontinuity.
5. Affect on November 15, 1994 Attainment Demonstration
The State must submit a full attainment demonstration (including
transport) for San Diego on November 15, 1994, as required by the Clean
Air Act. This demonstration must be in accord with all generally
applicable requirements of section 110 of the Act, the requirements of
section 182(c)(2)(A), and the EPA policy memo ``Ozone Attainment Dates
for Areas Affected by Overwhelming Transport'' issued by Mary Nichols
on September 1, 1994. This SIP submission will be reviewed in its
entirety when submitted.
EPA's action today reclassifying San Diego does not constitute
approval of the attainment demonstration which is due on November 15,
1994, and EPA does not by this action take a position concerning the
approvability of the emission inventory, modelling, or control measures
relied upon in the preliminary attainment demonstration.
Today's Action
A. Final Action
In the Federal Register of November 6, 1991 (56 FR 56694), EPA
issued a final rule promulgating the designations, boundaries, and
classifications of ozone nonattainment areas (and for nonattainment
areas for other pollutants not addressed in this action). In today's
action, EPA is correcting its action, with respect to the publication
of the .190 ppm ozone design value for San Diego and publishing the
actual monitored value of .185 ppm in accordance with section
110(k)(6). In addition, EPA is reclassifying San Diego as a serious
ozone nonattainment area pursuant to section 181(a)(4).
In accordance with CAA sections 107(d)(2)(B), 110(k)(6),
172(a)(1)(B), and 181(a)(3) and (a)(4), this document is a final
publication of the ozone design value for San Diego and of the
reclassification of San Diego to a serious ozone nonattainment area,
and is not subject to the notice and comment provisions of sections 553
through 557 of Title 5.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: December 13, 1994.
Carol Browner,
Administrator.
Therefore, 40 CFR part 81 is amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.305 the table for ``California--Ozone'' is amended by
revising the entry ``San Diego Area'' to read as follows:
Sec. 81.305 California.
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[[Page 3773]]
California--Ozone
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Designation Classification
Designated area --------------------------------------------------------------------------------------
Date\1\ Type Date\1\ Type
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*
San Diego Area
.................. .................. ..................
San Diego County......... .................... Nonattainment....... .................... Serious.
* * * * * *
*
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\1\This date is November 15, 1990, unless otherwise noted.
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[FR Doc. 95-1317 Filed 1-18-95; 8:45 am]
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