[Federal Register Volume 68, Number 158 (Friday, August 15, 2003)]
[Proposed Rules]
[Pages 48848-48851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20894]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[CA087-DESIG; FRL-7544-8]


Clean Air Act Area Designations; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make minor changes in the boundaries 
between areas in Southern California established under the Clean Air 
Act for purposes of addressing the national ambient air quality 
standards (NAAQS) for 1-hour ozone, particulate matter (PM-10), carbon 
monoxide (CO), nitrogen dioxide (NO2), and sulfur dioxide 
(SO2), and the prior NAAQS for total suspended particulate 
matter (TSP).
    We are taking comments on this proposal and plan to follow with a 
final action.

DATES: Any comments must arrive by September 15, 2003.

ADDRESSES: Please address your comments to: Dave Jesson, Air Planning 
Office (AIR-2), Air Division, EPA, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105-3901, or to [email protected].
    A copy of the State's submittal is available for public inspection 
during normal business hours at EPA's Region IX office. Please contact 
Dave Jesson if you wish to schedule a visit. A copy of the submittal is 
also available at the following location: California Air Resources 
Board, 1001 ``I'' Street, Sacramento, CA 95812.

FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region IX, at (415) 
972-3957, or [email protected].

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

I. Background

A. Current Area Boundaries, Designations, and Classifications

    Areas of the country were originally designated as attainment, 
nonattainment, or unclassifiable following enactment of 1977 Amendments 
to the Clean Air Act (``CAA'' or ``the Act''). 43 FR 8962 (March 3, 
1978). These designations were generally based on monitored air quality 
values compared to the applicable NAAQS.
    On November 15, 1990, the date of enactment of the 1990 CAA 
Amendments, each ozone and CO area designated nonattainment, 
attainment, or unclassifiable immediately before enactment of the 
Amendments was designated, by operation of law, as a nonattainment, 
attainment, or unclassifiable area, respectively. CAA section 
107(d)(1)(C). The specific boundaries of the areas were determined 
subsequently based on requests by each state and final determinations 
by EPA. 56 FR 56694 (November 6, 1991). Ozone and CO nonattainment 
areas were also given classifications according to the design values 
prescribed in the 1990 Amendments. CAA sections 181(a)(1) and 
186(a)(1), respectively.
    PM-10 areas meeting the requirements of either (i) or (ii) of CAA 
section 107(d)(4)(B) were designated nonattainment for PM-10 by 
operation of law and classified ``moderate'' at the time of enactment 
of the 1990 CAA Amendments. EPA later designated additional PM-10 
nonattainment areas (see, for example, 58 FR 67335, December 21, 1993) 
and amended the initial classifications in accordance with CAA section 
188(b).
    SO2 and NO2 areas designated as nonattainment 
or attainment/unclassified before enactment of the 1990 CAA Amendments 
retained those designations by operation of law. CAA section 
107(d)(1)(C)(i) and (ii), respectively.
    Area boundaries and (for ozone, CO, and PM-10) area classifications 
have been amended over the years under the

[[Page 48849]]

applicable CAA provisions, either by request of each state, by 
operation of law, or by EPA initiative. For the State of California, 
the current area designations and classifications are codified at 40 
CFR 81.305. For historical reference, this regulatory section also 
includes designations for TSP, a NAAQS which was replaced in 1987 when 
we promulgated the PM-10 NAAQS.

B. California's Request for Area Changes

    Under CAA section 107(d)(3)(D), the Governor of any state, on the 
Governor's own motion, is authorized to submit to the Administrator a 
revised designation of any nonattainment area or portions thereof 
within the State.\1\ On November 18, 2002, the California Air Resources 
Board (CARB) submitted to EPA a request under CAA section 107(d)(3)(D) 
to revise the boundaries of the Los-Angeles-South Coast Air Basin Area 
(``South Coast Air Basin'') and the Southeast Desert Air Basin.\2\ The 
purposes of CARB's request are to:
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    \1\ Boundary changes are an inherent part of a designation or 
redesignation of an area under the CAA. See CAA section 
107(d)(1)(B)(ii).
    \2\ The Los Angeles-South Coast Air Basin Area includes all of 
Orange County and the more populated portions of Los Angeles, San 
Bernardino, and Riverside Counties. The Southeast Desert Air Basin 
includes portions of Los Angeles, San Bernardino, and Riverside 
Counties. For a description of the current boundaries of the basins 
and subareas, see 40 CFR 81.305.
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    (1) Enlarge the South Coast Air Basin to include the Banning Pass 
area, thereby excluding the area from the Southeast Desert;
    (2) harmonize the PM-10 and ozone boundaries of the Coachella 
Valley area \3\ by changing the ozone area boundaries to match the PM-
10 area boundaries; and
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    \3\ The Coachella Valley area is part of the Southeast Desert 
nonattainment area for ozone and is its own PM-10 nonattainment 
area.
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    (3) correct the eastern boundary of the South Coast Air Basin with 
respect to CO.

II. EPA Review of the State's Request

A. Applicable Criteria

    In determining whether to approve or deny a state's request for a 
revision to the designation of an area under section 107(d)(3)(D), we 
use the same factors Congress directed us to consider when we initiate 
a revision to a designation of an area on our own motion under section 
107(d)(3)(A). These factors include ``air quality data, planning and 
control considerations, or any other air quality-related considerations 
the Administrator deems appropriate.''

B. Expansion of the South Coast Air Basin to Include the Banning Pass

    The Banning Pass area in Riverside County is also known as the San 
Gorgonio Pass area. The area is a mountain saddle about 15 miles long 
by 5 miles wide in northwestern Riverside County. There are only 4 
communities in this area: Banning, Beaumont, Cabazon, and Cherry 
Valley. This area is currently part of the Southeast Desert severe-17 
ozone nonattainment area and the Coachella Valley serious PM-10 
nonattainment area, and the area has been designated as attainment or 
unclassifiable with respect to CO, NO2, SO2, and 
TSP.\4\ The populated portion of the Southeast Desert-Coachella Valley 
area is primarily low desert. Palm Springs is the largest community, 
and tourism and agriculture are the major industries in the Coachella 
Valley.
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    \4\ CAA sections 181(a)(1) and (2) establish an ozone 
classification scheme based on 1-hour ozone design values, and set 
attainment deadlines for each classification. CAA section 182 then 
provides progressively more stringent requirements for the State 
Implementation Plans (SIPs) depending upon an area's classification. 
The 1-hour ozone classifications are marginal, moderate, serious, 
severe, and extreme, and the severe classification is divided into 
those areas with attainment deadlines 15 years after enactment of 
the 1990 CAA Amendments and those areas with deadlines 17 years 
after enactment. Similarly, the CAA sets moderate and serious 
classifications for CO (in section 186(a)(1)) and for PM-10 (in 
sections 188(a) and (b)).
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    The South Coast Air Quality Management District (SCAQMD) has local 
jurisdiction over the South Coast Air Basin, the Banning Pass area, and 
the Coachella Valley portion of the Southeast Desert. Both CARB and 
SCAQMD conclude that the Banning Pass area is more similar to the South 
Coast Air Basin in climate and topography and measured air quality, and 
that air pollution levels within the Banning Pass area are far more 
heavily influenced by emissions originating in the South Coast Air 
Basin than in the Southeast Desert-Coachella Valley.
    The climate of the Banning Pass area closely resembles the 
``steppe'' (semi-arid) climate of the South Coast Air Basin in terms of 
rainfall and temperature. Precipitation levels recorded in the Banning 
Pass are much higher than those of the Coachella Valley, which has a 
``desert'' (arid) climate classification. For example, the annual 
average rainfall is 17 inches in Beaumont, and only 5.2 inches in Palm 
Springs. On average, summer temperatures in the Coachella Valley are 
10-15 degrees F warmer than those recorded at the Banning Pass and in 
the central South Coast Air Basin. The mean temperature in Palm Springs 
for July is 92 degrees F, compared to 77 degrees F in Beaumont.
    Pollution from western and central portions of the South Coast Air 
Basin is typically transported eastward by prevailing ocean breezes. 
This results in high ozone concentrations measured in mountain sites at 
the eastern boundary of the basin, including Banning (elevation 2300 
feet), which recorded a total of 25 exceedances with a design value of 
0.143 parts per million (ppm) during the period 1999 to 2001. During 
this same period, Palm Springs (elevation 200 feet) recorded only 7 
exceedances, with a design value of 0.128 ppm. Similarly, the Banning 
Pass is much more closely linked to the South Coast Air Basin than to 
the Southeast Desert with respect to emissions and ambient 
concentrations for the other pollutants, such as NO2 and 
SO2.
    In terms of ozone generation, the South Coast Air Basin has far 
greater emissions than the Southeast Desert generally and the Coachella 
Valley specifically, and the easterly direction of the prevailing winds 
also ensures that elevated pollution levels in Banning Pass are a 
consequence of the air mass shared with the western and central 
portions of the South Coast Air Basin, and are not associated with the 
Coachella Valley or other portions of the Southeast Desert.
    For these reasons, the Banning Pass area was moved to the South 
Coast Air Basin under State law in 1996. CARB and SCAQMD therefore 
request that the Federal boundaries be adjusted to match the boundaries 
used for State air quality purposes, by moving the Banning Pass area 
from the Southeast Desert-Coachella Valley area to the South Coast Air 
Basin.
    The table below labeled ``Banning Pass Area'' shows the current 
federal designations and classifications of this area, and the changes 
that would result from approval of the State's proposed revision.

[[Page 48850]]



                                                                    Banning Pass Area
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                                Ozone                              CO                               PM-10                     NO2              SO2
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                    Designation     Classification    Designation     Classification    Designation     Classification    Designation      Designation
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Current.........  Non-attainment   Severe 17......  Unclassifiable/  N/A............  Non-attainment   Serious........  Cannot be        Cannot be
                   (area is part                     Attainment                        (part of                          classified or    classified
                   of SE Desert                      (part of SE                       Riverside                         better than      (part of SE
                   Modified AQMA                     Desert Air                        County,                           national         Desert Air
                   Area).                            Basin,                            Coachella                         standards        Basin,
                                                     Riverside                         Valley                            (part of         excluding
                                                     County, AQMA                      planning area).                   Riverside        Imperial
                                                     portion).                                                           County, non-     County).
                                                                                                                         AQMA portion).
Proposed........  Non-attainment   Extreme........  Non-attainment   Serious........  Non-attainment   Serious........  Cannot be        Cannot be
                   (area becomes                     (area becomes                     (area becomes                     classified or    classified
                   part of South                     part of South                     part of South                     better than      (area becomes
                   Coast Air                         Coast Air                         Coast Air                         national         part of South
                   Basin).                           Basin).                           Basin).                           standards        Coast Air
                                                                                                                         (area becomes    Basin).
                                                                                                                         part of South
                                                                                                                         Coast Air
                                                                                                                         Basin).
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    We believe that Banning is more similar to the South Coast than the 
Coachella area, and that it would support efficient planning and 
control to move the federal boundary of the South Coast Air Basin 
eastward to encompass the Banning Pass area.

C. Revision to the Southeast Desert Ozone Nonattainment Boundary to 
Align It's Eastern Border With the Coachella Valley PM-10 Nonattainment 
Boundary

    At present, the boundary of the Coachella Valley portion of the 
Southeast Desert ozone nonattainment area is different from the 
boundary of the Coachella Valley nonattainment area for PM-10. The 
existing ozone nonattainment area boundary differs from the Riverside 
portion of the Southeast Desert Air Basin boundary by: (1) Excluding a 
sparsely populated, 550 square mile portion of the Coachella Valley 
area, and (2) including a tiny portion of the Southeast Desert Air 
Basin. The State has proposed to align the Coachella Valley 
nonattainment area boundaries by using for all pollutants the boundary 
of the Coachella Valley nonattainment area for PM-10. This boundary 
tracks the mountain ridge line that separates the air basins and thus 
reflects air quality considerations. The change will simplify and make 
more consistent the planning activities for ozone and PM-10, and will 
reconcile boundaries for Federal and State planning purposes. As a 
result of the change, a sparsely-populated mountainous area above the 
Coachella Valley would shift from an ozone attainment area to a 
nonattainment area, with a severe-17 classification.
    We agree with the State's argument that it is appropriate to align 
the federal boundaries of the Coachella Valley portion of the Southeast 
Desert Air Basin ozone nonattainment area to match the Coachella Valley 
PM-10 nonattainment area.

D. Typographical Correction to the Boundaries of the South Coast Air 
Basin for Carbon Monoxide

    The CO boundaries of the South Coast Air Basin in 40 CFR 81.305 are 
incorrect because they mistakenly incorporate the following phrase: 
``and that portion of San Bernardino County which lies south and west 
of a line described as follows: 3. latitude 35 degrees, 10 minutes 
north and longitude 115 degrees, 45 minutes west.'' Neither EPA nor 
CARB intended the South Coast CO nonattainment area to include this 
portion of San Bernardino County, which was inadvertently incorporated 
in the designations promulgated on November 6, 1991 (56 FR 56724). 
California requests that we correct this typographical mistake in the 
original designation by deleting the portion of the boundary 
description quoted above. Correction of this error will result in the 
CO boundaries conforming to the 1-hour ozone boundaries for the South 
Coast Air Basin. We agree that this correction is appropriate.

III. Summary of Proposed Action and Request for Comment

    EPA is proposing to take the following actions:
    (1) Approve the State's request to revise the boundary of the South 
Coast Air Basin to incorporate the Banning Pass;
    (2) Approve the State's request to amend the 1-hour ozone boundary 
of the Coachella Valley area (Riverside County portion of the Southeast 
Desert Air Basin to correspond to the PM-10 boundary; and
    (3) Approve the State's request to make a typographical correction 
to the boundary of the South Coast Air Basin with respect to CO.
    Because EPA believes the proposed boundary revisions, 
reorganizations, and corrections are consistent with relevant 
requirements, we are proposing to fully approve them under CAA section 
107(d)(3)(D). We will accept comments from the public on this proposal 
for the next 30 days. Unless we receive convincing new information 
during the comment period, we intend to publish a final approval of the 
designation changes.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it 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).
    This proposed rule also does not have tribal implications because 
it will not

[[Page 48851]]

have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action merely proposes to approve a 
state rule implementing a Federal standard, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This proposed rule also is not 
subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 81

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

    Dated: August 6, 2003.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 03-20894 Filed 8-14-03; 8:45 am]
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