[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50574-50577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20220]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0612; FRL-9915-67-Region-9]


Determination of Attainment of the 1-Hour Ozone National Ambient 
Air Quality Standard in the Southeast Desert Nonattainment Area in 
California

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the Southeast Desert nonattainment area has attained the 
1-hour ozone National Ambient Air Quality Standard. This proposed 
determination is based on complete, quality-assured, and certified data 
for the most recent three-year period (2011-2013).

DATES: Any comments must arrive by September 24, 2014.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0612, by one of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the on-line instructions.
     E-Mail: [email protected].
     Mail or Deliver: Tom Kelly, Office of Air Planning (AIR-
2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or email. 
The www.regulations.gov Web site is an ``anonymous access'' system, and 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send email directly to 
EPA, your email address will be automatically captured and included as 
part of the public comment. If EPA cannot read your comments due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment.
    Docket: The index to the docket for this action is available 
electronically on

[[Page 50575]]

the www.regulations.gov Web site and in hard copy at EPA Region IX, 75 
Hawthorne Street, San Francisco, California, 94105. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material or 
large maps), and some may not be publicly available at 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 below.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856, 
[email protected].

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

Table of Contents

I. Background
II. EPA's Analysis
III. Proposed EPA Action and Request for Public Comment
IV. Statutory and Executive Order Reviews

I. Background

    The Clean Air Act (CAA or ``Act'') requires us to establish 
National Ambient Air Quality Standards (NAAQS or ``standards'') for 
certain widespread pollutants, such as ozone, that cause or contribute 
to air pollution that is reasonably anticipated to endanger public 
health or welfare (see sections 108 and 109 of the Act). In 1979, we 
promulgated an ozone NAAQS of 0.12 parts per million (ppm), one-hour 
average (``1-hour ozone standard''). See 44 FR 8202, February 8, 1979.
    An area is considered to have attained the 1-hour ozone standard if 
there are no violations of the standard, as determined in accordance 
with the regulation codified at 40 CFR section 50.9, based on three 
consecutive calendar years of complete, quality-assured and certified 
monitoring data. A violation occurs when the ``expected number'' of 
days per calendar year with maximum hourly average concentrations above 
0.12 ppm is greater than one (1.0) at any site in the area, when 
averaged over three consecutive calendar years.\1\ An exceedance occurs 
when the maximum hourly ozone concentration during any day exceeds 
0.124 ppm. For more information, please see ``National 1-hour primary 
and secondary ambient air quality standards for ozone'' (40 CFR 50.9) 
and ``Interpretation of the 1-Hour Primary and Secondary National 
Ambient Air Quality Standards for Ozone'' (40 CFR part 50, appendix H).
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    \1\ An ``expected number'' of exceedances is a statistical term 
that refers to an arithmetic average. An ``expected number'' of 
exceedances may be equivalent to the number of observed exceedances 
plus an increment that accounts for incomplete sampling. See, 40 CFR 
part 50, appendix H. Because, in this context, the term 
``exceedances'' refers to days (during which the daily maximum 
hourly ozone concentration exceeded 0.124 ppm), the maximum possible 
number of exceedances in a given year is 365 (or 366 in a leap 
year).
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    The Act, as amended in 1990, required EPA to designate as 
nonattainment any ozone area that was still designated nonattainment 
under the 1977 Act Amendments, and any other area violating the 1-hour 
ozone standard, generally based on air quality monitoring data from the 
1987 through 1989 period (section 107(d)(4) of the Act; 56 FR 56694, 
November 6, 1991). The 1990 Amended Act further classified these areas, 
based on the severity of their nonattainment problem, as Marginal, 
Moderate, Serious, Severe, or Extreme. In response, EPA designated the 
Southeast Desert Modified Air Quality Maintenance Area (AQMA) 
(``Southeast Desert'') as ``Severe-17'' nonattainment for the 1-hour 
ozone standard, with an attainment date no later than November 15, 
2007.\2\ See 56 FR 56694, November 6, 1991. Outside of Indian country, 
the Los Angeles portion of the Southeast Desert lies within the 
Antelope Valley Air Quality Management District (AVAQMD), the San 
Bernardino County portion of the Southeast Desert lies within the 
Mojave Desert Air Quality Management District (MDAQMD), and the 
Riverside County portion of the Southeast Desert lies within the South 
Coast Air Quality Management District (SCAQMD).\3\
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    \2\ The Southeast Desert covers the Victor Valley/Barstow region 
in San Bernardino County, the Coachella Valley region in Riverside 
County, and the Antelope Valley portion of Los Angeles County (see 
40 CFR 81.305 for the precise boundaries of the 1-hour ozone 
nonattainment area).
    \3\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to: 
``(a) All land within the limits of any Indian reservation under the 
jurisdiction of the United States Government, notwithstanding the 
issuance of any patent, and, including rights-of-way running through 
the reservation, (b) all dependent Indian communities within the 
borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or 
without the limits of a state, and (c) all Indian allotments, the 
Indian titles to which have not been extinguished, including rights-
of-way running through the same.''
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    The control requirements and date by which attainment of the 1-hour 
ozone standard was to be achieved varied with an area's classification. 
Marginal areas were subject to the fewest mandated control requirements 
and had the earliest attainment date, November 15, 1993, while Severe 
and Extreme areas were subject to more stringent planning requirements 
and were provided more time to attain the standard. Two measures that 
are triggered if a Severe or Extreme area failed to attain the standard 
by the applicable attainment date are contingency measures [section 
172(c)(9)] and a major stationary source fee provision [sections 
182(d)(3) and 185] (``major source fee program'' or ``section 185 fee 
program'').
    In 1997, EPA promulgated an 8-hour ozone standard (0.08 ppm) 
(``1997 8-hour ozone standard''), 62 FR 38856 (July 18, 1997), to 
replace the 1-hour ozone standard. While the 1-hour ozone standard was 
revoked in 2005, we continue to determine whether areas attain, or fail 
to attain, the 1-hour ozone standard because of the continued 
applicability of certain 1-hour ozone control requirements in areas, 
such as the Southeast Desert, that are designated as nonattainment for 
the 1997 8-hour ozone standard and the connection between some of those 
requirements and attainment of the 1-hour ozone standard.
    In the decades since the 1990 CAA Amendments, in large part due to 
decreases in upwind emissions of ozone precursors, 1-hour ozone 
concentrations in the Southeast Desert have decreased substantially. 
For instance, from 1990 to 2005, the number of exceedances of the 
standard in the Southeast Desert decreased from 27 to 4 at the Palm 
Springs monitor in Coachella Valley and from 59 to 3 at the Hesperia 
monitor in Victor Valley. However, despite the improvements, upon 
review of the ambient data for the three years preceding the applicable 
attainment date (i.e., 2005-2007), we determined that the Southeast 
Desert failed to attain the 1-hour ozone standard by the 2007 statutory 
deadline. See 76 FR 82133 (December 30, 2011).
    In our proposal to determine that the Southeast Desert had failed 
to attain the standard, we noted that preliminary review of data from 
2008 through 2010 suggested that the trend toward cleaner air in the 
Southeast Desert was continuing. 76 FR 56694, at 56700 (September 14, 
2011). Indeed, the trend has continued with 2010-2012 being the first 
three-year period in which preliminary review of the data suggests that 
the Southeast Desert attained the standard. Given the further 
improvement in ozone conditions in the Southeast Desert, the California 
Air Resources Board (CARB) has requested that EPA make a determination 
that the Southeast Desert has attained the 1-hour

[[Page 50576]]

ozone standard.\4\ Year 2013 data is now available, and thus EPA's 
action herein is based on the most recent three-year period (2011-
2013).
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    \4\ See Letter from Richard W. Corey, Executive Officer, CARB, 
to Jared Blumenfeld, Regional Administrator, EPA Region IX, dated 
February 25, 2014.
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II. EPA's Analysis

    A determination of whether an area's air quality meets the 1-hour 
ozone standard is generally based upon three years of complete,\5\ 
quality-assured and certified air quality monitoring data gathered at 
established State and Local Air Monitoring Stations (``SLAMS'') in the 
nonattainment area and entered into EPA's Air Quality System (AQS) 
database. Data from air monitors operated by state/local agencies in 
compliance with EPA monitoring requirements must be submitted to the 
AQS database. Monitoring agencies annually certify that these data are 
accurate to the best of their knowledge. Accordingly, EPA relies 
primarily on data in its AQS database when determining the attainment 
status of an area. See 40 CFR 50.9; 40 CFR part 50, appendix H; 40 CFR 
part 53; 40 CFR part 58, appendices A, C, D and E. All data are 
reviewed to determine the area's air quality status in accordance with 
40 CFR part 50, appendix H.
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    \5\ Generally, a ``complete'' data set for determining 
attainment of the ozone is one that includes three years of data 
with an average percent of days with valid monitoring data greater 
than 90% with no single year less than 75%. See 40 CFR part 50, 
appendix I. There are less stringent data requirements for showing 
that a monitor has failed an attainment test and thus has recorded a 
violation of the standard.
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    Under EPA regulations at 40 CFR 50.9, the 1-hour ozone standard is 
attained at a monitoring site when the expected number of days per 
calendar year with maximum hourly average concentrations above 0.12 ppm 
is equal to or less than 1.0, as determined by 40 CFR part 50, appendix 
H.\6\
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    \6\ The average number of expected exceedances is determined by 
averaging the expected exceedances of the 1-hour ozone standard over 
a consecutive three calendar year period. See 40 CFR part 50, 
appendix H.
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    The CARB is the Primary Quality Assurance Organization (PQAO) 
responsible for assuring that the area meets air quality monitoring 
requirements in the Los Angeles County and San Bernardino County 
portions of the Southeast Desert, and the SCAQMD is the PQAO 
responsible for assuring that the requirements are met in the Riverside 
County portion of the Southeast Desert. The AVAQMD operates monitors in 
the Los Angeles County portion of the Southeast Desert; the MDAQMD 
operates monitors in the San Bernardino County portion of the Southeast 
Desert; and the SCAQMD operate monitors in the Riverside County portion 
of the Southeast Desert. All agencies are required to submit annual 
monitoring network plans to EPA. The AVAQMD and MDAQMD monitoring 
networks are included in the CARB annual network plan, while SCAQMD 
submits a separate annual network plan. These plans discuss the status 
of the air monitoring network, as required under 40 CFR 58.10.
    With respect to the annual network plans submitted by CARB that 
includes the AVAQMD and MDAQMD monitors, we have reviewed these plans 
and found that they meet the applicable requirements under 40 CFR part 
58.\7\ The Technical System Audit (TSA) we conducted in 2011 of the 
CARB PQAO included a review of the network requirements in AVAQMD and 
MDAQMD. In the TSA, we concluded that the combined ambient air 
monitoring networks operated by CARB and the air districts currently 
meet or exceed the requirements for the minimum number of SLAMS 
monitoring sites for ozone in the Southeast Desert. Also, AVAQMD and 
MDAQMD annually certify that the data submitted to AQS are quality-
assured.\8\
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    \7\ See, e.g., letter from Meredith Kurpius, Manager, Air 
Quality Analysis Office, EPA Region IX, to Karen Magliano, Air 
Quality Data Branch, Planning and Technical Support Division, CARB, 
dated May 7, 2014.
    \8\ See, e.g., letters from Christopher A. Collins, Supervising 
AQ Engineer, MDAQMD, to Fletcher Clover, EPA Region IX, dated May 6, 
2014, certifying 2013 data from AVAQMD and MDAQMD.
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    EPA has reviewed SCAQMD's plans for compliance with the applicable 
requirements in 40 CFR part 58 on an annual basis. With respect to 
ozone, EPA has found that the SCAQMD's network plans meet the 
applicable requirements under 40 CFR part 58.\9\ Furthermore, we 
concluded in our TSA of the SCAQMD network conducted during April 2010, 
that the ambient air monitoring network operated by SCAQMD currently 
meets or exceeds the requirements for the minimum number of SLAMS 
monitoring sites for all criteria pollutants, and the ozone monitoring 
sites within the Southeast Desert are properly located with respect to 
monitoring objectives, spatial scales and other site criteria, as 
required by 40 CFR part 58, appendix D.\10\ Also, SCAQMD annually 
certifies that the data it submits to AQS are quality-assured.\11\
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    \9\ See, e.g., letter from Meredith Kurpius, Manager, Air 
Quality Analysis Office, Air Division, EPA Region IX, to Dr. Matt 
Miyasato, Deputy Executive Officer, Science and Technology 
Advancement, SCAQMD, dated March 11, 2014.
    \10\ See letter from Deborah Jordan, Director, Air Division, 
U.S. EPA Region IX, to Barry Wallerstein, Executive Officer, SCAQMD, 
dated March 14, 2011, and enclosure titled, ``Technical System Audit 
Report, South Coast Air Quality Management District, April 13-April 
16, 2010.''
    \11\ See, e.g., letter from Matt Miyasoto, Deputy Executive 
Office, Science and Technology Advancement, SCAQMD, to Jared 
Blumenfeld, Regional Administrator, EPA Region IX, dated June 27, 
2014, certifying 2013 ozone data.
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    There were eight ozone monitoring sites located throughout the 
Southeast Desert in calendar years 2011 through 2013 that collected 
data for regulatory purposes: one in Los Angeles County, two in 
Riverside County, and five in San Bernardino County.\12\ All of the 
sites monitor ozone concentrations on a continuous basis using Federal 
Equivalent Method (FEM) monitors. AVAQMD operates the one monitor in 
Los Angeles County. SCAQMD operates two in Riverside County. MDAQMD 
operates four in San Bernardino County. The National Park Service 
operates one monitor in San Bernardino County at Joshua Tree National 
Park (Yucca Valley).\13\ Also, the National Park Service annually 
certifies that the data it submits to AQS are quality-assured.\14\
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    \12\ See figures 5 and 11 from CARB's State and Local Air 
Monitoring Network Plan (June 2009) for illustrations of the 
locations of the ozone monitors within the Southeast Desert.
    \13\ The National Park Service also operates an ozone monitor in 
Riverside County at Joshua Tree National Park (Cottonwood Visitor 
Center; AQS ID 06-065-0008), but until recently, the monitor has not 
been either a federal reference method or federal equivalent method 
monitor. Thus, we are not using the data from this Cottonwood 
monitor for the proposed determination of attainment.
    \14\ See, e.g., letter from Kristi Morris, Program Manager, 
National Park Service, to Lew Weinstock, EPA, dated April 29, 2014, 
certifying 2013 ozone data.
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    Table 1 summarizes the ozone monitoring data from the various 
monitoring sites in the Southeast Desert, showing the expected 
exceedances per year and as an average over the 2011-2013 period. The 
data summarized in table 1 are considered complete for the purposes of 
determining if the standard is met.\15\
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    \15\ The criteria for data completeness are met at all of the 
ozone monitors in the Southeast Desert over the 2011-2013 period.

[[Page 50577]]



              Table 1--One-Hour Ozone Data for the Southeast Desert 1-Hour Ozone Nonattainment Area
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                                                                    Expected exceedances by year     Expected
                                                                   ------------------------------ exceedances 3-
            General location                   Site (AQS ID)                                       year  average
                                                                      2011      2012      2013   ---------------
                                                                                                     2011-2013
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Antelope Valley/Los Angeles County.....  Lancaster (06-037-9033)..       0.0       0.0       0.0             0.0
Coachella Valley/Riverside County......  Indio (06-065-2002)......       0.0       0.0       0.0             0.0
Coachella Valley/Riverside County......  Palm Springs (06-065-           0.0       1.0       0.0             0.3
                                          5001).
Northern portion of SE Desert AQMA/San   Barstow (06-071-0001)....       0.0       0.0       0.0             0.0
 Bernardino County.
SW portion of SE Desert AQMA/San         Hesperia (06-071-4001)...       1.0       0.0       0.0             0.3
 Bernardino County.
SW portion of SE Desert AQMA/San         Phelan (06-071-0012).....       0.0       0.0       0.0             0.0
 Bernardino County.
SW portion of SE Desert AQMA/San         Victorville (06-071-0306)       0.0       0.0       0.0             0.0
 Bernardino County.
Joshua Tree National Park/San            Yucca Valley (06-071-           0.0       0.0       0.0             0.0
 Bernardino County.                       9002).
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Source: AQS Quick Look Report, May 9, 2014 (in the docket to this proposed action).

    Generally, the highest ozone concentrations in the Southeast Desert 
occur in the far southwestern portion of the area, near mountain passes 
through which pollutants are transported to the Southeast Desert from 
the South Coast Air Basin. As shown in table 1, the highest three-year 
average of expected exceedances at any site in the Southeast Desert for 
2011-2013 is 0.3 at Palm Springs in Riverside County and Hesperia in 
San Bernardino County. The calculated exceedance rate of 0.3 represents 
attainment of the 1-hour ozone standard (a three-year average of 
expected exceedances less than or equal to 1).
    Taking into account the extent and reliability of the applicable 
ozone monitoring network, and the data collected therefrom and 
summarized in table 1, we propose to determine that the Southeast 
Desert has attained the 1-hour ozone standard (as defined in 40 CFR 
part 50, appendix H) based on the most recent three years of monitoring 
data for the area (2011-2013). Data for 2014 will be reviewed prior to 
our final action to ensure that it is consistent with continued 
attainment of the 1-hour ozone standard in the Southeast Desert.

III. Proposed EPA Action and Request for Public Comment

    EPA is proposing to determine that the Southeast Desert Area has 
attained the 1-hour ozone standard based on complete, quality-assured 
and certified ambient air quality monitoring data for the 2011-2013 
monitoring period.
    EPA is soliciting public comments on the issues discussed in this 
document or on other relevant matters. We will accept comments from the 
public on this proposal for the next 30 days. We will consider these 
comments before taking final action.

IV. Statutory and Executive Order Reviews

    This action proposes to make a determination based on air quality 
data and does not impose additional requirements beyond those imposed 
by state law. For that reason, this proposed action:
     Is 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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is 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.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an 
economically significant regulatory action based on health or safety 
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is 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,
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable 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 it 
will not impose substantial direct costs on tribal governments or 
preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

    Dated: August 12, 2014.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2014-20220 Filed 8-22-14; 8:45 am]
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