[Federal Register Volume 65, Number 197 (Wednesday, October 11, 2000)]
[Rules and Regulations]
[Pages 60362-60365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25926]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[CA-029-EXTa; FRL-6872-8]


Clean Air Act Promulgation of Extension of Attainment Date for 
the San Diego, California Serious Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is extending the attainment date for the San Diego serious 
ozone nonattainment area from November 15, 1999, to November 15, 2000. 
This extension is based in part on monitored air quality readings for 
the 1-hour national ambient air quality standard (NAAQS) for ozone 
during 1999. Accordingly, we are updating the table concerning 
attainment dates for the State of California. In this action, we are 
approving the State's request through a ``direct final'' rulemaking. 
Elsewhere in this Federal Register, we are proposing approval and 
soliciting written comment on this action; if adverse written comments 
are received, we will withdraw the direct final rule and address the 
comments received in a new final rule; otherwise no further rulemaking 
will occur on this attainment date extension request.

DATES: This direct final rule is effective December 11, 2000 unless 
before November 13, 2000 adverse comments are received. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register, and inform the public that the rule 
will not take effect.

ADDRESSES: Please address your comments to the EPA contact below. You 
may inspect and copy the rulemaking docket for this notice at the 
following location during normal business hours. We may charge you a 
reasonable fee for copying parts of the docket. Environmental 
Protection Agency, Region 9, Air Division, Air Planning Office (AIR-2), 
75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the SIP materials are also available for inspection at 
the addresses listed below:

California Air Resources Board, 2020 L Street, Sacramento, CA 92123-
1095
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096

FOR FURTHER INFORMATION CONTACT: Dave Jesson, Air Planning Office (AIR-
2), Air Division, U.S. EPA, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105-3901. Telephone: (415) 744-1288. E-mail: 
[email protected]

SUPPLEMENTARY INFORMATION:   

Request for Attainment Date Extension for the San Diego Area

    On May 15, 2000, the State of California requested a one-year 
attainment date extension for the San Diego serious ozone nonattainment 
area. This area, which consists of San Diego County, is currently 
designated a serious ozone nonattainment area. The statutory ozone 
attainment date, as prescribed by section 181(a) of the Clean Air Act 
as amended in 1990 (``the Act''), was November 15, 1999.

[[Page 60363]]

CAA Requirements Concerning Designation and Classification

    Section 107(d)(4) of the Act required the States and EPA to 
designate areas as attainment, nonattainment, or unclassifiable for 
ozone as well as other pollutants for which national ambient air 
quality standards (NAAQS) have been set. Section 181(a)(1) required 
that ozone nonattainment areas be classified as marginal, moderate, 
serious, severe, or extreme, depending on their air quality.
    In a series of Federal Register documents, we completed this 
process by designating and classifying all areas of the country for 
ozone. See, e.g., 56 FR 58694 (Nov. 6, 1991), and 57 FR 56762 (Nov. 30, 
1992). San Diego County was originally classified as severe, but was 
reclassified as serious based upon our determination that the ozone 
value used in the original classification was incorrect. See 60 FR 3771 
(Jan. 19, 1995).
    Areas designated nonattainment for ozone are required to meet 
attainment dates specified under the Act. As noted, the San Diego ozone 
nonattainment area was reclassified as serious. By this classification, 
its attainment date became November 15, 1999. A discussion of the 
attainment dates is found in EPA's General Preamble for Implementation 
of Title I of the Clean Air Act Amendments of 1990. See 57 FR 13498 
(April 16, 1992).

CAA Requirements Concerning Meeting the Attainment Date

    Section 181(b)(2)(A) requires the Administrator, within six months 
of the attainment date, to determine whether ozone nonattainment areas 
attained the NAAQS. For ozone, we determine attainment status on the 
basis of the expected number of exceedances of the NAAQS over the 
three-year period up to, and including, the attainment date. See 
General Preamble, 57 FR 13506. In the case of serious ozone 
nonattainment areas, the three-year period is 1997-1999.
    A review of the actual ambient air quality ozone data from the EPA 
Aerometric Information Retrieval System (AIRS) shows that three air 
quality monitors located in the San Diego ozone nonattainment area 
recorded exceedances of the NAAQS for ozone during the three-year 
period from 1997 to 1999.\1\ (See Table 1.) There were 9 exceedances at 
the Alpine monitor, an average of more than 1.0 over the three-year 
period, which constitutes a violation of the ozone NAAQS for the San 
Diego area during this three-year period. Thus, the area did not meet 
the November 15, 1999 attainment date.
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    \1\ AIRS Data Monitor Values Reports are available 
electronically at http://www.epa.gov/airsdata/monvals.htm

 Table 1.--Exceedances of the 1-Hour Ozone NAAQS in San Diego 1997-1999
                             [Source: AIRS]
------------------------------------------------------------------------
                                                  Exceedances
         Monitoring Station          -----------------------------------
                                        1997     1998     1999    Total
------------------------------------------------------------------------
Chula Vista.........................        0        0        0        0
El Cajon............................        0        1        0        1
Oceanside...........................        0        0        0        0
San Diego (Overland)................        0        1        0        1
Del Mar.............................        0        0        0        0
Escondido...........................        0        0        0        0
Alpine..............................        1        8        0        9
San Diego (12th St.)................        0        0        0        0
Camp Pendleton......................        0        0        0        0
Otay Mesa...........................        0        0        0        0
------------------------------------------------------------------------

CAA Provisions Authorizing a One-Year Extension of the Attainment 
Date

    CAA section 181(b)(2)(A) states that, for areas classified as 
marginal, moderate, or serious, if the Administrator determines that 
the area did not attain the standard by its attainment date, the area 
must be reclassified upwards. However, CAA section 181(a)(5) provides 
an exemption from these bump up requirements. Under this exemption, we 
may grant up to 2 one-year extensions of the attainment date under 
specified conditions:
    Upon application by any State, the Administrator may extend for 1 
additional year (hereinafter referred to as the ``Extension Year'') the 
date specified in table 1 of paragraph (1) of this subsection if--
    (A) the State has complied with all requirements and commitments 
pertaining to the area in the applicable implementation plan, and
    (B) no more than 1 exceedance of the national ambient air quality 
standard level for ozone has occurred in the area in the year preceding 
the Extension Year.
    No more than 2 one-year extensions may be issued under this 
paragraph for a single nonattainment area.
    We interpret this provision to authorize the granting of a one-year 
extension under the following minimum conditions: (1) The State 
requests a one-year extension; (2) all requirements and commitments in 
the EPA-approved SIP for the area have been complied with; and (3) the 
area has no more than one measured exceedance of the NAAQS during the 
year at any one monitor that includes the attainment date (or the 
subsequent year, if a second one-year extension is requested).
    We have determined that the requirements for a one-year extension 
of the attainment date have been fulfilled as follows:
    (1) California has formally submitted the attainment date extension 
request, in a letter dated May 15, 2000, from Michael P. Kenny, 
Executive Officer, California Air Resources Board, to P. Kenny, 
Executive Officer, California Air Resources Board, to Felicia Marcus, 
EPA Regional Administrator, Region 9.
    (2) California is currently implementing the EPA-approved SIP. The 
State's letter, cited above, discusses implementation of State measures 
in the SIP, and shows that these measures plus new State measures have 
achieved an overall surplus of emission reductions beyond those assumed 
in the SIP. The State also attached a letter dated March

[[Page 60364]]

13, 2000, from R. J. Sommerville, Director, San Diego County Air 
Pollution Control District, which provides evidence that all District 
SIP rules have been fully implemented.
    (3) California has certified that the area has monitored no 
exceedances during 1999. This is also reflected in the quality-assured 
ambient ozone data shown in Table 1 above.
    Because the statutory provisions have been satisfied, we approve 
California's attainment date extension request for the San Diego ozone 
nonattainment area. As a result, the chart in 40 CFR 81.305 entitled 
``California--Ozone'' is being modified to extend the attainment date 
for the San Diego ozone nonattainment area from November 15, 1999, to 
November 15, 2000.
    We are approving the attainment date extension without prior 
proposal because the Agency views this as a noncontroversial amendment 
and anticipates no adverse comments. However, elsewhere in the proposed 
rule section of today's Federal Register we are publishing a proposal 
to approve this part 81 action should adverse or critical comments be 
filed. This action will be effective December 11, 2000 unless before 
November 13, 2000 adverse or critical comments are received.
    If we receive such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. We will not institute a second comment period on this 
action. Any parties interested in commenting on this action should do 
so at this time. If no such comments are received, the public is 
advised that this action will be effective on December 11, 2000.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that: (1) Is determined to be ``economically 
significant'' as defined under Executive Order 12866; and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. Executive Order 13084

    Under Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, Executive Order 13084 requires EPA to develop an 
effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.'' Today's rule does not 
significantly or uniquely affect the communities of Indian tribal 
governments. Accordingly, the requirements of section 3(b) of Executive 
Order 13084 do not apply to this rule.

D. Executive Order 13132

    Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999) revokes and replaces Executive Orders 12612, Federalism and 
12875, Enhancing the Intergovernmental Partnership. Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves a state request for 
an attainment date extension, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. Thus, the requirements of section 6 of the Executive Order do 
not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    Extension of an area's attainment date under the CAA does not 
impose any new requirements on small entities.

[[Page 60365]]

Extension of an attainment date is an action that affects a 
geographical area and does not impose any regulatory requirements on 
sources. EPA certifies that the approval of the attainment date 
extension will not have a significant economic impact on a substantial 
number of small entities.

F. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the promulgated attainment date extension 
does not include a Federal mandate that may result in estimated annual 
costs of $100 million or more to either State, local, or tribal 
governments in the aggregate, or to the private sector. This Federal 
action imposes no new requirements. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, result 
from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 11, 2000. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: September 8, 2000.
Felicia Marcus,
Regional Administrator, Region IX.


    Part 81 of chapter I, title 40 of the Code of Federal Regulations 
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 et seq.

    2. In Sec. 81.305 the ``California--ozone'' table is amended by 
revising the entry for San Diego area to read as follows:


Sec. 81.305  California.

* * * * *

                                                                    California--Ozone
                                                                    [1-Hour Standard]
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                             Date 1                       Type                       Date 1                       Type
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                   *                  *                  *                  *                  *                  *                  *
San Diego Area:
    San Diego County....................     11/15/90  Nonattainment                                  2/21/95  Serious 2
 
                  *                  *                  *                  *                  *                  *                  *
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1 This date is November 15, 1990, unless otherwise noted.
2 Attainment date is extended to November 15, 2000.

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[FR Doc. 00-25926 Filed 10-10-00; 8:45 am]
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