[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Proposed Rules]
[Pages 70382-70385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24489]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0543 FRL-9953-91-Region 9]


Determination of Attainment of the 2008 Ozone National Ambient 
Air Quality Standards; Eastern San Luis Obispo, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the San Luis Obispo County (Eastern San Luis Obispo) 
ozone nonattainment area (NAA) has attained the 2008 ozone National 
Ambient Air Quality Standards (NAAQS or ``standards'') by the 
applicable attainment date of July 20, 2016. This determination is 
based on complete, quality-assured and certified data for the 3-year 
period preceding that attainment date. If the determination is 
finalized, the Eastern San Luis Obispo NAA will not be reclassified to 
a higher ozone classification.

DATES: Any comments must arrive by November 14, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0543 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, (415) 972-3848, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What is the background for this action?
    A. Ozone NAAQS, Area Designations and Classifications
    B. Relevant Statutory and Regulatory Requirements
    C. Ambient Air Quality Monitoring Data
II. What is the EPA's analysis of the relevant air quality data?
    A. Monitoring Network and Data Considerations
    B. Evaluation of the Ambient Air Quality Data
III. What is the effect of this action?
IV. Proposed Action and Public Comment
V. Statutory and Executive Order Reviews

I. What is the background for this action?

A. Ozone NAAQS, Area Designations and Classifications

    The Clean Air Act (CAA or ``Act'') requires the EPA to establish 
national primary and secondary 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.\1\ 
In the 1970s, the EPA promulgated primary and secondary ozone 
standards, based on a 1-hour average; and, in 1997, we replaced the 1-
hour ozone standards with primary and secondary 8-hour ozone standards. 
In 2008, we tightened the 8-hour ozone standards to the level of 0.075 
parts per million (ppm), daily

[[Page 70383]]

maximum 8-hour average.\2\ See 73 FR 16436 (March 27, 2008); 40 CFR 
50.15. Since the primary and secondary ozone standards are the same, we 
refer to them herein using the singular ``2008 ozone standard.'' The 
2008 ozone standard is met at an ambient air quality monitoring site 
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.075 ppm, as 
determined in accordance with 40 CFR part 50, appendix P.
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    \1\ See sections 108 and 109 of the Act. Primary standards 
represent ambient air quality standards the attainment and 
maintenance of which the EPA has determined, including a margin of 
safety, are requisite to protect the public health. Secondary 
standards represent ambient air quality standards the attainment and 
maintenance of which the EPA has determined are requisite to protect 
the public welfare from any known or anticipated adverse effects 
associated with the presence of such air pollutant in the ambient 
air. CAA section 109(b).
    \2\ In 2015, we tightened the ozone standards even further and 
established 0.070 ppm, 8-hour average, as the new ozone NAAQS. 80 FR 
65292 (October 26, 2015). While the 1979 1-hour ozone NAAQS and 1997 
8-hour ozone NAAQS have been revoked, the 2008 ozone NAAQS remains 
in effect.
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    The EPA designated NAAs for the 2008 ozone standard on May 21, 
2012, effective July 20, 2012 (77 FR 30088). In that action, the EPA 
classified by operation of law the eastern portion of San Luis Obispo 
County, CA (Eastern San Luis Obispo) NAA as ``Marginal.'' \3\ The 
original attainment date for the 2008 ozone standard for this Marginal 
ozone NAA was as expeditious as practicable but not later than July 20, 
2015. See 40 CFR 51.1103.
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    \3\ San Luis Obispo County is the northern-most county within 
the air basin designated by California as the South Central Coast 
Air Basin. The NAA encompasses roughly the eastern half of San Luis 
Obispo County.
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    In May 2016, the EPA granted the State of California a 1-year 
extension of the attainment date for Eastern San Luis Obispo, thereby 
extending the applicable attainment date for that area from July 20, 
2015 to July 20, 2016.\4\
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    \4\ 81 FR 26697 (May 4, 2016).
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B. Relevant Statutory and Regulatory Requirements

    Section 181(b)(2)(A) of the CAA requires that within six months 
following the applicable attainment date, the EPA will determine 
whether an ozone NAA attained the ozone standard based on the area's 
design value as of that date. The design value is a statistic that 
describes the air quality status of a given location relative to the 
level of the NAAQS. For the purpose of comparison with the 2008 ozone 
standard, the design value for a site is the 3-year average of the 
annual fourth highest daily maximum 8-hour average ozone 
concentrations.

C. Ambient Air Quality Monitoring Data

    A determination of whether an area's air quality meets the 2008 
ozone NAAQS is generally based upon three consecutive calendar years of 
complete, quality-assured data measured at established State and Local 
Air Monitoring Stations (SLAMS) in the NAA and entered into the EPA Air 
Quality System (AQS) database. Data from ambient air monitoring sites 
operated by state or local agencies in compliance with EPA monitoring 
requirements must be submitted to AQS. Heads of monitoring agencies 
annually certify that these data are accurate to the best of their 
knowledge. Accordingly, the EPA relies primarily on data in AQS when 
determining the attainment status of an area. See 40 CFR 50.15; 40 CFR 
part 50, appendix P; 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 P.
    The 2008 ozone standard is met at an ambient air quality monitoring 
site when the design value is less than or equal to 0.075 ppm, as 
determined in accordance with 40 CFR part 50, appendix P. See 40 CFR 
50.15. When the design value is less than or equal to 0.075 ppm (based 
on the rounding convention in 40 CFR part 50, appendix P) at each 
monitoring site within the area, then the area is meeting the NAAQS. 
The data completeness requirement is met when the 3-year average 
percent of days with valid monitoring data is at least 90%, and no 
single year has less than 75% data completeness as determined in 
accordance with 40 CFR part 50, appendix P.

II. What is the EPA's analysis of the relevant air quality data?

A. Monitoring Network and Data Considerations

    The California Air Resources Board (CARB) and local air pollution 
control districts and air quality management districts (``districts'') 
operate ambient air monitoring stations throughout the State of 
California. CARB is the lead monitoring agency in the Primary Quality 
Assurance Organization (PQAO) that includes all the monitoring agencies 
in the State with a few exceptions.5 6 There are two ozone 
SLAMS (referred to as the Red Hills and Carrizo Plains sites) within 
the Eastern San Luis Obispo ozone NAA, and the San Luis Obispo County 
Air Pollution Control District (SLOCAPCD) operates both sites. CARB is 
the PQAO for the two Eastern San Luis Obispo monitoring sites.
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    \5\ PQAO means a monitoring organization, a group of monitoring 
organizations or other organization that is responsible for a set of 
stations that monitor the same pollutant and for which data quality 
assessments can be pooled. Each criteria pollutant sampler/monitor 
at a monitoring station must be associated with only one PQAO. (40 
CFR 58.1).
    \6\ The Bay Area Air Quality Management District, the South 
Coast Air Quality Management District and the San Diego Air 
Pollution Control District are each designated as the PQAO for their 
respective ambient air monitoring programs.
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    All state and local air monitoring agencies are required to submit 
annual monitoring network plans to the EPA.\7\ An annual monitoring 
network plan discusses the status of the air monitoring network, as 
required under 40 CFR part 58.10. The SLOCAPCD submits the annual 
monitoring network plan for all sites in San Luis Obispo County.\8\
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    \7\ See 40 CFR 58.10(a)(1).
    \8\ CARB 2015 Monitoring Network Assessment, September 2015, 
pages 2-3.
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    Since 2007, the EPA has regularly reviewed these annual monitoring 
network plans for compliance with the applicable reporting requirements 
in 40 CFR part 58. With respect to ozone, the EPA found that the area's 
annual monitoring network plans meet the applicable requirements under 
40 CFR part 58. See EPA letters to SLOCAPCD approving its annual 
monitoring network plans for the years 2013, 2014, and 2015.\9\
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    \9\ Letters from Meredith Kurpius, Manager, Air Quality Analysis 
Office, EPA Region IX, to Larry Allen, Air Pollution Control 
Officer, SLOCAPCD, dated December 11, 2013, October 27, 2014 and 
October 26, 2015.
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    The EPA also concluded from its Technical System Audit (TSA) of the 
CARB PQAO (conducted during Summer 2015), that the combined ambient air 
monitoring network operated by CARB and the local air districts in its 
PQAO (which includes SLOCAPCD) currently meets or exceeds the 
requirements for the minimum number of SLAMS for the 2008 ozone 
standard.\10\ All of the monitoring sites in the PQAO are reviewed with 
respect to monitoring objectives, spatial scales and other site 
criteria as required by 40 CFR part 58, appendix D.
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    \10\ Letter from Elizabeth J. Adams, Acting Director, Air 
Division, EPA Region IX, to Richard Corey, Executive Officer, CARB, 
dated August 31, 2016, transmitting findings of the EPA's 2015 TSA 
of the CARB's ambient air monitoring program.
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    CARB oversees the quality assurance of all data collected within 
the CARB PQAO. The SLOCAPCD annually certifies that the data it submits 
to AQS for its monitoring sites are complete and quality-assured.\11\
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    \11\ See, e.g., letter from Larry Allen, Air Pollution Control 
Officer, SLOCAPCD, to Alexis Strauss, Acting Regional Administrator, 
EPA Region IX, regarding 2015 Annual SLAMS Data Certification, 
certifying calendar year 2015 ambient air quality data and quality 
assurance data, April 19, 2016.
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    As noted above, there are two ozone SLAMS monitoring sites 
operating within the Eastern San Luis Obispo NAA. These sites monitor 
ozone concentrations on a continuous basis

[[Page 70384]]

using EPA reference or equivalent methods.\12\
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    \12\ See the San Luis Obispo County APCD's Annual Network Plan 
Report (July 2015).
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    Lastly, consistent with the requirements contained in 40 CFR part 
50, the EPA has reviewed the quality-assured and certified ozone 
ambient air monitoring data, as recorded in AQS for the applicable 
monitoring period, collected at the monitoring sites in the Eastern San 
Luis Obispo NAA for completeness. The EPA has determined that the data 
are complete.\13\ For the two ozone monitoring sites in Eastern San 
Luis Obispo, daily maximum 8-hour average concentrations are available 
for at least 90% of the days within the ozone monitoring season, on 
average for the 2013-2015 period, and daily maximum 8-hour average 
concentrations are available for at least 75% of the days within the 
ozone monitoring season for each individual year within that period.
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    \13\ See EPA, Air Quality System, Design Value Report, July 25, 
2016.
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B. Evaluation of the Ambient Air Quality Data

    As noted above, the applicable attainment date for the Eastern San 
Luis Obispo ozone NAA is July 20, 2016, and under CAA section 
181(b)(2)(A), the EPA must determine whether the area attained the 2008 
ozone standard by that date. To do so, we must review the ozone data 
for the three calendar years immediately prior to the attainment date, 
and, for a 2016 attainment date, the relevant years are 2013, 2014 and 
2015. Table 1 shows the fourth-highest daily maximum 8-hour ozone 
concentrations for 2013 through 2015 at both sites in the Eastern San 
Luis Obispo area and shows the design values for the 2013-2015 period. 
The design value for a given area is based on the monitoring site with 
the highest design value. In this case, the design value for 2013-2015 
for the Eastern San Luis Obispo ozone NAA is at the Red Hills site and 
is 0.073 ppm, which is less than the standard (i.e. 0.075 ppm). 
Therefore, we are proposing to determine, based on the complete, 
quality-assured and certified data for 2013-2015, that the Eastern San 
Luis Obispo ozone NAA has attained the 2008 ozone standard by the 
applicable attainment date of July 20, 2016.

             Table 1--2013-2015 Ozone Design Values at Sites Within the Eastern San Luis Obispo NAA
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                                                     Fourth-highest daily maximum 8-hour ozone
                                    AQS Site                    concentration (ppm)                Design value
        Monitoring site          identification  ------------------------------------------------   (2013-2015)
                                       No.             2013            2014            2015
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Red Hills.....................       06-079-8005           0.075           0.073           0.072           0.073
Carrizo Plains................       06-079-8006           0.067           0.068           0.068           0.067
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Source: EPA AQS Quick Look Report (AMP450), August 10, 2016.

III. What is the effect of this action?

    If the EPA finalizes its proposed determination that the Eastern 
San Luis Obispo NAA has attained the 2008 ozone NAAQS by the applicable 
attainment date of July 20, 2016, the area would no longer be subject 
to reclassification as a Moderate area for the 2008 ozone standard. 
Moreover, the determination of attainment by the applicable attainment 
date would discharge EPA's obligation, under CAA section 181(b)(2)(A), 
to determine whether this area attained the standard by its applicable 
attainment date. This determination of attainment would, however, not 
constitute a redesignation to attainment. Under CAA section 
107(d)(3)(E), redesignations to attainment require states to meet a 
number of additional statutory criteria including EPA's approval of a 
SIP revision demonstrating maintenance of the standard for 10 years 
after redesignation. The designation status of the Eastern San Luis 
Obispo area remains nonattainment for the 2008 ozone NAAQS until such 
time as the EPA determines that the area meets the CAA requirements for 
redesignation to attainment.

IV. Proposed Action and Public Comment

    The EPA is proposing to determine that the Eastern San Luis Obispo 
ozone NAA has attained the 2008 ozone standard by the applicable 
attainment date of July 20, 2106, based on complete, quality-assured 
and certified ambient air quality monitoring data for the 2013-2015 
monitoring period. If finalized as proposed, the Eastern San Luis 
Obispo ozone NAA will not be reclassified to a higher classification 
for the 2008 ozone standard.
    The 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.

V. Statutory and Executive Order Reviews

    The action proposed herein is a determination based on air quality 
data and does not impose additional requirements beyond those imposed 
by state law. For that reason, the 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 the 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

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     does not provide the 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 proposed 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.

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

    Dated: September 28, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-24489 Filed 10-11-16; 8:45 am]
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