[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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