[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)]
[Proposed Rules]
[Pages 35922-35924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16276]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0411; FRL-9965-51-Region 9]


Approval and Promulgation of Implementation Plans; Enhanced 
Monitoring; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of California on November 10, 1993. This SIP revision concerns 
the establishment of a Photochemical Assessment Monitoring System 
(PAMS) network in six ozone nonattainment areas within California. The 
EPA is proposing this action under the Clean Air Act based on the 
conclusion that all applicable statutory and regulatory requirements 
related to PAMS SIP revisions have been met.

DATES: Any comments must arrive by September 1, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0411 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: Doris Lo, EPA Region IX, (415) 972-
3959, [email protected].

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

Table of Contents

I. Background Information
II. Analysis of State Submission
III. Proposed Action and Request for Public Comment
IV. Statutory and Executive Order Reviews

I. Background Information

    The Clean Air Act (CAA or ``Act'') requires the EPA 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.\1\ In 1979, we promulgated an ozone NAAQS of 0.12 
parts per million (ppm), one-hour average (``1-hour ozone 
standard'').\2\
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    \1\ See sections 108 and 109 of the Act.
    \2\ See 44 FR 8202, February 8, 1979.
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    The Act, as amended in 1990, required the EPA to designate as 
nonattainment any ozone areas that were still designated nonattainment 
under the 1977 Act Amendments, and any other areas violating the 1-hour 
ozone standard, generally based on air quality monitoring data from the 
1987 through 1989 period.\3\ The 1990 CAA Amendments further classified 
these areas, based on the severity of their nonattainment problem, as 
Marginal, Moderate, Serious, Severe or Extreme.
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    \3\ See section 107(d)(4) of the Act. See also 56 FR 56694, 
November 6, 1991.
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    The control requirements and date by which attainment of the one-
hour ozone

[[Page 35923]]

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 while higher classified areas were 
subject to more stringent planning requirements and were provided more 
time to attain the standard.
    In 1991, we published the initial ozone classifications for 
nonattainment areas within each state, and within California, we 
classified six ozone nonattainment areas as Serious, Severe, or 
Extreme: Los Angeles-South Coast Air Basin (``South Coast''), 
Sacramento Metro, San Diego County, San Joaquin Valley, Southeast 
Desert Modified AQMA (``Southeast Desert'') and Ventura County.\4\ Such 
areas were subject to many requirements, including those related to 
enhanced monitoring in CAA section 182(c)(1).
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    \4\ See 56 FR 56694, November 6, 1991.
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    Section 182(c)(1) of the CAA requires that the EPA promulgate rules 
for enhanced monitoring of ozone, oxides of nitrogen (NOX), 
and volatile organic compounds (VOC) no later than 18 months after the 
date of the enactment of the 1990 CAA Amendments. These rules are 
intended to provide a mechanism for obtaining more comprehensive and 
representative data on ozone air pollution in areas designated 
nonattainment and classified as Serious, Severe or Extreme.
    The final PAMS rule was promulgated by the EPA on February 12, 1993 
(58 FR 8452). Section 58.40(a) of the revised rule requires the State 
to submit a PAMS network description, including a schedule for 
implementation, to the Administrator within six months after 
promulgation or by August 12, 1993.\5\
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    \5\ Since 1993, EPA has significantly amended and re-organized 
the monitoring network requirements in 40 CFR part 58. For the 
purposes of this action, the citations to part 58 refer to the July 
1, 1993 version of 40 CFR part 58, not the current version because 
the California PAMS network description submitted in 1993 was 
intended to address the regulatory requirements that applied at the 
time.
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    On August 12, 1993, the California Air Resources Board (CARB) 
submitted proposed PAMS network plans to the EPA that included a 
schedule for implementation for each of the six subject areas in 
California. This submittal was reviewed and approved in stages for the 
different areas.\6\ In each case, the EPA concluded that the submitted 
network plans satisfy the requirements of 40 CFR 58.40(a). Since 
network descriptions may change annually, they are not part of the SIP 
as recommended by the document, ``Guideline for the Implementation of 
the Ambient Air Monitoring Regulations, 40 CFR part 58.'' However, the 
network description is negotiated and approved during the annual review 
via the grant process under section 105 of the Act, as required by 40 
CFR 58.20(d), 58.25, 58.36, and 58.46.
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    \6\ See, e.g., memorandum from William F. Hunt, Jr., Director, 
Emissions, Monitoring, and Analysis Division, EPA Office of Air 
Quality Planning and Standards (OAQPS) to David P. Howekamp, 
Director, Air and Toxics Division, EPA Region IX, dated September 
22, 1995 (reference to approval in part of the PAMS Network Plan for 
the South Coast and Southeast Desert); memorandum from William F. 
Hunt, Jr., Director, Emissions, Monitoring, and Analysis Division, 
EPA OAQPS to David Howekamp, Director, Air and Toxics Division, EPA 
Region IX, dated August 15, 1995 (reference to approval in part of 
the PAMS Network Plan for Sacramento County); letter from David P. 
Howekamp, Air Division Director, EPA Region IX, to Richard J. 
Sommerville, Air Pollution Control Officer (APCO), San Diego County 
Air Pollution Control District (APCD), March 9, 1994 (approval in 
part of the PAMS Network Plan for San Diego County); memorandum from 
William F. Hunt, Jr., Director, Emissions, Monitoring, and Analysis 
Division, EPA OAQPS to David Howekamp, Director, Air and Toxics 
Division, EPA Region IX, dated August 16, 1995 (reference to 
approval in part of the PAMS Network Plan for San Joaquin Valley); 
and letter from David P. Howekamp, Air Division Director, EPA Region 
IX, to Richard H. Baldwin, APCO, Ventura County APCD, March 9, 1994 
(approval in part of the PAMS Network Plan for Ventura County).
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    Section 182(c)(1) also requires that the SIP be revised to contain 
measures to improve the ambient monitoring of ozone, NOX, 
and VOC in ozone nonattainment areas classified as Serious, Severe or 
Extreme. The final PAMS rule requires that SIP revisions under section 
182(c)(1) provide for the establishment and maintenance of a PAMS 
network.
    On November 10, 1993, CARB submitted to the EPA a SIP revision for 
PAMS in California (``California PAMS SIP revision''). The California 
PAMS SIP revision consists of PAMS commitments from five California air 
districts with jurisdiction within the six relevant ozone nonattainment 
areas: the South Coast Air Quality Management District(for South Coast 
and Southeast Desert areas); Sacramento Metro AQMD (for the Sacramento 
Metro area); San Diego County Air Pollution Control District (for the 
San Diego County area); San Joaquin Valley Unified APCD (for the San 
Joaquin Valley area), and Ventura County APCD (for the Ventura County 
area), as well as CARB Executive Orders approving the commitments, and 
public process documentation. The California PAMS SIP revision is 
intended to meet the requirements of section 182(c)(1) of the Act and 
affect compliance with the PAMS regulations, codified at 40 CFR part 
58, as promulgated on February 12, 1993.

II. Analysis of State Submission

    The criteria used to review the SIP revision submittal are derived 
from the CAA, and include: The General Preamble; \7\ the PAMS 
regulations, codified at 40 CFR part 58; ``Guideline for the 
Implementation of the Ambient Air Monitoring Regulations: 40 CFR part 
58--Guideline Series'' (EPA-450/4-78-038, Office of Air Quality 
Planning and Standards, November 1979); and the September 2, 1993, 
memorandum from G.T. Helms titled, ``Final Boilerplate Language for the 
PAMS SIP Submittal.''
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    \7\ EPA, General preamble for future proposed rulemakings, State 
Implementation Plans; General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (April 
16, 1992) (``General Preamble''). The enhanced monitoring 
requirement in CAA section 182(c)(1) is addressed on page 13515 of 
the General Preamble.
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    The September 2, 1993, Helms boilerplate memorandum stipulates that 
the PAMS SIP, at a minimum, must: Provide for monitoring of criteria 
pollutants, such as ozone and nitrogen dioxide and non-criteria 
pollutants, such as nitrogen oxides, speciated VOCs, including 
carbonyls, as well as meteorological parameters; provide a copy of the 
approved (or proposed) PAMS network description, including the phase-in 
schedule, for public inspection during the public notice and/or comment 
period provided for in the SIP revision or, alternatively, provide 
information to the public upon request concerning the State's plans for 
implementing the rules; make reference to the fact that PAMS will 
become a part of the State or local air monitoring stations (SLAMS) 
network; and provide a statement that SLAMS will employ federal 
reference or equivalent methods (FRMs or FEMs) while most PAMS sampling 
will be conducted using methods that are not FRMs or FEMs but approved 
by the EPA.
    The California PAMS SIP revision provides that each of the five 
relevant air districts will implement PAMS as required in 40 CFR part 
58, as amended February 12, 1993. Each district will amend its SLAMS 
and its National Air Monitoring Stations monitoring systems to include 
the PAMS requirements. Each district will develop its PAMS network 
design and establish monitoring sites pursuant to 40 CFR part 58 in 
accordance with an approved network description and as negotiated with 
the EPA through the CAA section 105 grant process on an annual basis. 
Each district also provided the public with an opportunity to inspect 
the proposed network description during the public review process for 
the proposed SIP revision prior to

[[Page 35924]]

forwarding the adopted version to CARB for approval and submittal to 
the EPA as a revision to the California SIP.
    The five California air districts have implemented their PAMS 
networks as required in 40 CFR part 58. Each relevant air district also 
includes a provision to meet quality assurance requirements as 
contained in 40 CFR part 58, appendix A and a provision to assure that 
the PAMS monitors will meet monitoring methodology requirements 
contained in 40 CFR part 58, appendix C. Lastly, the air districts 
provided assurance that the PAMS network within their respective 
jurisdictions will be phased in over a period of not more than five 
years as required in 40 CFR 58.44.
    As such, we conclude that the PAMS SIP revision submitted by CARB 
on November 10, 1993, meets the relevant statutory and regulatory 
requirements, and we propose to approve it as part of the California 
SIP.

III. Proposed Action and Request for Public Comment

    Under CAA section 110(k)(3) and for the reasons discussed above, 
the EPA proposes to approve the California PAMS SIP revision submitted 
on November 10, 1993, for six ozone nonattainment areas in California. 
We will accept comments from the public on the proposed approval for 
the next 30 days.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely approves a state plan as 
meeting federal requirements 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 Clean Air Act; and
     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, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the proposed action does not have tribal implications 
and will not impose substantial direct costs on tribal governments or 
preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: July 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-16276 Filed 8-1-17; 8:45 am]
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