[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Rules and Regulations]
[Pages 20166-20167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08582]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0612; FRL-9925-32-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 (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is determining that 
the Southeast Desert nonattainment area has attained the 1-hour ozone 
National Ambient Air Quality Standard. This determination is based on 
complete, quality-assured, and certified data for the most recent 
three-year period (2011-2013). Preliminary data available through 
December 2014 are consistent with continued attainment.

DATES: This final rule is effective on May 15, 2015.

ADDRESSES: The EPA has established a docket for this action, identified 
by Docket ID Number EPA-R09-OAR-2014-0612. The index to the docket for 
this action is available electronically at http://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 in the index, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material), 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 directly below.

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

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

Table of Contents

I. Background
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On August 25, 2014 (79 FR 50574), the EPA proposed to determine 
that the Southeast Desert 1-hour ozone nonattainment area has attained 
the 1-hour ozone National Ambient Air Quality Standard (NAAQS or 
``standard''), based on complete, quality-assured and certified ambient 
air quality data for the 2011 to 2013 monitoring period. The Southeast 
Desert 1-hour ozone nonattainment area 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).
    Our proposed rule provides background information on the 1-hour 
ozone standard; the designations and classifications of the Southeast 
Desert under the Clean Air Act (CAA or ``Act'') for the 1-hour ozone 
standard; EPA's prior determination that the Southeast Desert failed to 
attain the 1-hour ozone standard by the 2007 applicable attainment date 
based on 2005-2007 ozone data; and the recent request by the State of 
California to make a finding of attainment of the 1-hour ozone standard 
for the Southeast Desert in light of improved ozone conditions in the 
area. See 79 FR 50574, at 50575. We also described how we determine 
whether an area's air quality meets the 1-hour ozone standard; 
identified the relevant air monitoring agencies in the Southeast Desert 
and their respective ozone monitoring networks and monitoring network 
plans; and documented our previous review of the networks and network 
plans, the agencies' annual certifications of ambient air monitoring 
data, and our determination of completeness for 2011-2013 data from the 
eight monitoring sites within the Southeast Desert. See 79 FR 50574, at 
50576. Please see our proposed rule for more information concerning 
these topics.
    Our proposed rule included a table of ``expected exceedences'' for 
the Southeast Desert nonattainment area. See 79 FR 50574, at 50577. As 
explained in our proposed rule, an area is considered to have attained 
the 1-hour ozone standard if there are no violations of the standard, 
in accordance with 40 CFR 50.9 and 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). Based on our review of the 
monitoring data, and taking into account the extent and reliability of 
the applicable ozone monitoring network, we proposed to determine that 
the Southeast Desert has attained the 1-hour ozone standard based on 
complete, certified and quality-assured data for the 2011-2013 period. 
In our proposed rule, we indicated that we would review preliminary 
data for 2014 prior to taking final action. We have now done so and 
find that preliminary data for 2014, from January through December, for 
the ozone monitoring sites in the Southeast Desert are consistent with 
continued attainment.
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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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II. Public Comments

    EPA received no comments on the proposed action during the comment 
period.

III. Final Action

    EPA is determining that the Southeast Desert nonattainment area has 
attained the 1-hour ozone National Ambient Air Quality Standard, based 
on complete, quality-assured and certified ambient air quality 
monitoring data for the 2011 to 2013 monitoring period. Preliminary 
data available for 2014, from January through December, are consistent 
with continued attainment.

IV. Statutory and Executive Order Reviews

    This action makes 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.
    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 action 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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 June 15, 2015. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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 52

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

    Dated: April 6, 2015.
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 52.282 is amended by adding paragraph (g) to read as 
follows:


Sec.  52.282  Control strategy and regulations: Ozone.

* * * * *
    (g) Determination of attainment. EPA has determined that, as of May 
15, 2015, the Southeast Desert 1-hour ozone nonattainment area has 
attained the 1-hour ozone standard, based upon complete, quality-
assured and certified ambient air quality monitoring data for 2011-
2013.

[FR Doc. 2015-08582 Filed 4-14-15; 8:45 am]
 BILLING CODE 6560-50-P