[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Proposed Rules]
[Pages 13316-13322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04791]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0070; FRL-12637-02-R9]
Determination of Attainment by the Attainment Date; 2008 8-Hour
Ozone Standards; California; Sacramento Metro Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed determination.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Sacramento Metro, California area attained the 2008
8-hour ozone national ambient air quality standards (NAAQS) by its
December 31, 2024 attainment date. This proposed determination is based
on quality-assured and certified ambient air quality monitoring data
from 2022 through 2024. If we finalize this determination as proposed,
the requirement for the State to have contingency measures for
reasonable further progress (RFP) and attainment for the 2008 ozone
NAAQS will no longer apply for this area. We are taking comments on
this proposal and plan to follow with a final action. Elsewhere in this
Federal Register, we are making an interim final determination that
will stay and defer the imposition of Clean Air Act (CAA or ``Act'')
sanctions associated with a disapproval action related to the
contingency measures requirement for this area.
DATES: Comments must be received on or before April 21, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0070 at https://www.regulations.gov. For comments submitted at
Regulations.gov, follow the online instructions for submitting
[[Page 13317]]
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. 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 https://www.epa.gov/dockets/commenting-epa-dockets. If you need assistance in a
language other than English or if you are a person with a disability
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Laura Lawrence, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3407; email:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Background
A. Regulatory Context
B. The Sacramento Metro Area
II. EPA Analysis
A. Applicable Statutory and Regulatory Provisions
B. Determination of Attainment or Failure To Attain
C. Monitoring Network Considerations
D. Data Considerations
E. Effects of This Proposed Determination
III. Action Summary
IV. Statutory and Executive Order Reviews
I. Background
A. Regulatory Context
The CAA requires the EPA to establish primary and secondary NAAQS
for certain pervasive pollutants that ``may reasonably be anticipated
to endanger public health and welfare.'' \1\ The primary NAAQS is
designed to protect public health with an adequate margin of safety,
and the secondary NAAQS is designed to protect public welfare and the
environment. The EPA has set standards for six common air pollutants,
referred to as criteria pollutants, including ozone. These standards
represent the air quality levels an area must meet to comply with the
CAA.
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\1\ CAA section 108(a).
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Ground-level ozone pollution is formed from the reaction of
volatile organic compounds (VOC) and oxides of nitrogen
(NOX) in the presence of sunlight.\2\ These two pollutants,
referred to as ozone precursors, are emitted by many types of sources,
including on- and off-road motor vehicles and engines, power plants and
industrial facilities, and smaller area sources such as lawn and garden
equipment and paints.
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\2\ The State of California refers to reactive organic gases
(ROG) rather than VOC in some of its ozone related SIP submissions.
As a practical matter, ROG and VOC refer to the same set of chemical
constituents, and for the sake of simplicity, we refer to this set
of gases as VOC in this determination notice.
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Scientific evidence indicates that adverse public health effects
occur following exposure to ozone, particularly in children and adults
with lung disease. Breathing air containing ozone can reduce lung
function and inflame airways, which can increase respiratory symptoms
and aggravate asthma or other lung diseases.\3\
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\3\ EPA, Health Effects of Ozone Pollution, available at https://www.epa.gov/ground-levelozone-pollution/health-effects-ozone-pollution.
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In March 2008, the EPA strengthened the ozone NAAQS, establishing
primary and secondary 8-hour ozone standards at a level of 0.075 parts
per million (ppm) (``2008 ozone NAAQS'').\4\ The numerical level of the
NAAQS had previously been set at 0.08 ppm.\5\ Section 107(d) of the CAA
requires the EPA to designate an area ``nonattainment'' if it is
violating the standards or if it has sources contributing to a
violation of the standards in a nearby area. For ozone standards, the
EPA classifies nonattainment areas as ``Marginal,'' ``Moderate,''
``Serious,'' ``Severe,'' or ``Extreme,'' depending upon ambient air
monitoring values at the time of designation.\6\ An ozone nonattainment
area with a higher classification is subject to more stringent CAA
planning and control requirements than lower classification areas, but
the state is provided more time to attain the NAAQS.\7\
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\4\ 73 FR 16436 (March 27, 2008).
\5\ In October 2015, the EPA further strengthened the primary
and secondary eight-hour ozone NAAQS from 0.075 ppm to 0.070 ppm. 80
FR 65291 (October 26, 2015). This action relates only to the 2008
ozone NAAQS.
\6\ See CAA section 181(a)(1).
\7\ See, generally, subpart 2 of part D of title I of the CAA.
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An area is considered to have attained the 2008 ozone standard if
there are no violations of the standard, as determined in accordance
with 40 CFR 50.15, based on three consecutive years of complete,
quality-assured, and certified monitoring data. A violation of the
NAAQS occurs when the ambient ozone air quality monitoring data show
that the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentrations at an ozone monitor is greater than
0.075 ppm.\8\
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\8\ 40 CFR 50.15 and 40 CFR part 50, Appendix P.
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B. The Sacramento Metro Area
The EPA designated the Sacramento Metro area as nonattainment for
the 2008 ozone NAAQS on May 21, 2012, and classified the area as
``Severe-15.'' \9\ The area's applicable attainment date for the 2008
ozone NAAQS is December 31, 2024.\10\
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\9\ 77 FR 30088 (May 21, 2012).
\10\ See 85 FR 68509, 68510 (October 29, 2020).
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The Sacramento Metro area consists of Sacramento and Yolo counties
and portions of El Dorado, Placer, Solano and Sutter counties, and is
under the jurisdiction of the California Air Resources Board (CARB) and
the following regional air pollution control districts: the El Dorado
County Air Quality Management District (EDCAQMD), the Feather River Air
Quality Management District (FRAQMD), the Placer County Air Pollution
Control District (PCAPCD), the Sacramento Metropolitan Air Quality
Management District (SMAQMD), and the Yolo-Solano Air Quality
Management District (YSAQMD) (collectively, ``Districts'').\11\ The
nonattainment area also includes Tribal lands under the jurisdiction of
the Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria
(Verona Track), California; the United Auburn Indian Community of the
Auburn Rancheria of California, and the Yocha Dehe Wintun Nation,
California.
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\11\ For a precise description of the geographic boundaries of
the Sacramento Metro Area for the 2008 ozone NAAQS, refer to 40 CFR
81.305. Specifically included portions are the eastern portion of
Solano County, the western portions of Placer and El Dorado counties
outside of the Lake Tahoe Basin, and the southern portion of Sutter
County.
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CARB is the state agency responsible for the adoption and
submission to the EPA of California State Implementation Plan (SIP)
submissions. Under California law, air districts in California are
generally responsible for the
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development of regional air quality plans. For the Sacramento Metro
area, the Districts develop and adopt air quality management plans to
address CAA planning requirements applicable to the region. The
Districts then submit such plans to CARB for adoption and submission to
the EPA as proposed revisions to the California SIP. In general, Tribes
are not required to submit Tribal Implementation Plan (TIP)
submissions.\12\
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\12\ See 40 CFR 49.4(a) (specifying that Tribes are not subject
to implementation plan submittal deadlines).
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The EPA approved the State's attainment and reasonable further
progress (RFP) demonstrations and other required planning elements for
the 2008 ozone NAAQS for the Sacramento Metro area on October 22,
2021.\13\ However, we deferred action on the requirement for
contingency measures that would be implemented in the event the area
fails to attain (``attainment contingency measures'') or fails to meet
RFP milestones (``RFP contingency measures''). We subsequently
disapproved the area's contingency measures submittal on June 15,
2023.\14\ This disapproval started sanctions clocks pursuant to section
179 of the CAA and 40 CFR 52.31, by which the offset sanction in CAA
section 179(b)(2) would be imposed after 18 months of the effective
date of the disapproval and the highway funding sanction in CAA section
179(b)(1) would be imposed six months after the offset sanction was
imposed, as well as the two-year clock for the EPA to promulgate a
Federal Implementation Plan (FIP) under CAA section 110(c). California
submitted contingency measures for the 2008 ozone NAAQS in the
Sacramento Metro area on December 23, 2024.\15\ The EPA has not yet
taken action on this submittal; the offset sanction has been in effect
for the area since January 17, 2025, and the highway funding sanction
is set to come into effect on July 17, 2025. We are concurrently making
an interim final determination to stay the offset sanction and to defer
the highway funding sanction associated with our 2023 disapproval of
the contingency measures submittal. As described in Section II.E of
this document, a final determination of attainment by the attainment
date would permanently stop the sanctions and FIP clocks associated
with this previous disapproval action, and would permanently lift the
offset sanction that has been in place.
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\13\ 86 FR 58581.
\14\ 88 FR 39179.
\15\ CARB adopted the contingency measures as a SIP revision on
December 20, 2024, through CARB Executive Order S-24-016, and
submitted the SIP revision to the EPA electronically on December 23,
2024, as an attachment to a letter dated December 20, 2024, from
Steven S. Cliff, Ph.D., Executive Officer, CARB to Martha Guzman,
Regional Administrator, EPA Region IX. The State's submittal
addresses contingency measures requirements for the 2008 and 2015
ozone NAAQS.
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II. EPA Analysis
A. Applicable Statutory and Regulatory Provisions
The EPA is required under CAA 181(b)(2) to determine whether an
ozone nonattainment area has attained the ozone standards by the area's
attainment date. A determination of whether an area's air quality meets
the 2008 ozone NAAQS is generally based on three years of complete,
quality-assured, and certified air quality monitoring data gathered at
established State and Local Air Monitoring Stations (``SLAMS'') in the
area and entered into the EPA's Air Quality System (AQS) database.\16\
Data from ambient 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, the EPA relies
primarily on data in its AQS database when determining the attainment
status of an area.\17\ All data are reviewed to determine the area's
air quality status in accordance with 40 CFR part 50, Appendix P.
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\16\ Generally, a ``complete'' data set for determining
attainment of ozone NAAQS is one that includes three years of data.
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.
\17\ 40 CFR 50.15; 40 CFR part 50, Appendix P; 40 CFR part 53;
40 CFR part 58, Appendices A, C, D, and E.
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Under EPA regulations at 40 CFR 50.15, an area attains the 2008
ozone NAAQS when the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone monitor concentrations is less than or
equal to 0.075 ppm. This 3-year average is referred to as the ``design
value.'' When the design value is greater than 0.075 ppm at any monitor
within the area, then the area is violating the NAAQS.\18\ The data
completeness requirement is met when the average percent of days with
valid ambient monitoring data is greater than or equal to 90 percent
and no single year has less than 75 percent data completeness, as
determined under Appendix P of 40 CFR part 50.\19\
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\18\ The data handling convention in 40 CFR part 50, Appendix P
dictates that concentrations shall be reported in ppm to the third
decimal place, with additional digits to the right being truncated.
Thus, a computed 3-year average ozone concentration of 0.076 ppm is
greater than 0.075 ppm and would exceed the standard, but a design
value of 0.0759 is truncated to 0.075 and attains the 2008 ozone
NAAQS.
\19\ 40 CFR part 50, Appendix P, section 2.3(b).
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B. Determination of Attainment or Failure To Attain
The EPA is proposing to determine that the Sacramento Metro area
attained the 2008 ozone NAAQS by its applicable attainment date; that
is, that the average of the annual fourth-highest daily maximum 8-hour
average ozone concentrations was at or below 0.075 ppm in the three
years leading up to the applicable attainment date. This proposed
determination is based on three years of quality-assured and certified
ambient air quality monitoring data in AQS for the 2022-2024 monitoring
period.
The EPA's proposed determination of attainment is based upon data
that have been collected and quality assured in accordance with 40 CFR
part 58 and recorded in the EPA's AQS database.\20\ As discussed in
Section II.D of this document, ambient air quality monitoring data for
the 3-year period preceding the attainment date (i.e., 2022-2024 for
the 2008 ozone NAAQS for the Sacramento Metro area, based on the
applicable attainment date of December 31, 2024) meet the data
completeness requirements in 40 CFR part 50, Appendix P.
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\20\ The EPA maintains the AQS, a database that contains ambient
air pollution data collected by the EPA, state, local, and tribal
air pollution control agencies. The AQS also contains meteorological
data, descriptive information about each monitoring station
(including its geographic location and its operator) and data
quality assurance/quality control information. The AQS data is used
to (1) assess air quality, (2) assist in attainment/non-attainment
designations, (3) evaluate SIPs for nonattainment areas, (4) perform
modeling for permit review analysis, and (5) prepare reports for
Congress as mandated by the CAA. Access is through the website at
https://www.epa.gov/aqs.
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C. Monitoring Network Considerations
Section 110(a)(2)(B)(i) of the CAA requires states to establish and
operate air monitoring networks to compile data on ambient air quality
for all criteria pollutants. The ambient air monitoring network in the
Sacramento Metro area includes air monitoring stations that are managed
and operated by CARB, PCAPCD, SMAQMD, and YSAQMD. Although portions of
the EDCAQMD and FRAQMD are within the nonattainment area, neither
district operates SLAMS ozone monitors in the Sacramento Metro area.
CARB operates SLAMS ozone monitors within the portion of EDCAQMD that
is within the nonattainment area, and there are no ozone monitors
within the portion of the FRAQMD that lies within the Sacramento Metro
nonattainment
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area.\21\ CARB and SMAQMD submit annual network plans to the EPA.\22\
These plans document the status of CARB and the Districts' air
monitoring networks, as required under 40 CFR 58.10. The EPA reviews
these annual network plans for compliance with specific requirements in
40 CFR part 58. With respect to ozone, we have found that the annual
network plans submitted by CARB and SMAQMD meet the minimum monitoring
requirements of 40 CFR part 58.\23\
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\21\ The FRAQMD maintains jurisdiction in both Sutter County and
Yuba County. A portion of Sutter County is included in the
Sacramento Metro nonattainment area, and none of Yuba County is
included in the nonattainment area.
\22\ CARB's annual network plan includes the PCAPCD and YSAQMD
ambient air monitoring networks. SMAQMD submits its own annual
network plan.
\23\ We have included copies of CARB and SMAQMD's annual network
plans for 2022-2024 in the docket for this action, along with our
reviews of these plans and our associated transmittal
correspondence.
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Finally, the EPA conducts regular Technical Systems Audits (TSAs)
to review and inspect state and local ambient air monitoring programs
to assess compliance with applicable regulations concerning the
collection, analysis, validation, and reporting of ambient air quality
data. CARB is a Primary Quality Assurance Organization (PQAO) in
California that is responsible for overseeing the quality of data
collected by local air monitoring organizations, which includes the
Districts. For the purposes of this determination, we reviewed the
findings from the EPA's most recent TSA of CARB's ambient air
monitoring program.\24\ The results of this TSA found that the CARB
PQAO quality system was functioning well and produced ozone data
suitable for use in regulatory decision-making. Therefore, the results
of the TSA do not preclude the EPA from determining that the Sacramento
Metro area has attained the 2008 ozone NAAQS.
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\24\ See letter from Matthew Lakin, Director, Air and Radiation
Division, U.S. EPA Region IX, to Edie Chang, Deputy Executive
Officer, CARB, dated March 14, 2024, and enclosure titled
``Technical Systems Audit of the Ambient Air Monitoring Program:
CARB, December 2021-August 2022.''
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D. Data Considerations
In accordance with 40 CFR 58.15, SMAQMD and CARB certify annually
that the previous year's ambient concentration and quality assurance
data are completely submitted to AQS and that the ambient concentration
data are accurate, taking into consideration the quality assurance
findings.\25\ SMAQMD certifies data from its monitoring network, and
CARB certifies data for the CARB network as well as the PCAPCD and
YSAQMD networks. There were 16 ozone monitoring sites located
throughout the Sacramento Metro area in calendar years 2022 through
2024: three within El Dorado County, four within Placer County, six
within Sacramento County, one within Solano County, and two within Yolo
County.\26\ Table 1 of this document summarizes the ozone monitoring
data from the various monitoring sites in the Sacramento Metro area by
showing the annual 4th highest daily maximum concentrations and design
values over the 2022-2024 period. The data summarized in table 1 of
this document are considered complete for the purposes of determining
if the standard is met.\27\
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\25\ We have included SMAQMD's and CARB's annual data
certifications for 2022, 2023, and 2024 in the docket for this
action.
\26\ See page 9 of SMAQMD's 2024 Air Monitoring Network Plan
(July 15, 2024) for a map illustrating the locations of the air
monitoring sites in the SMAQMD.
\27\ The criteria for data completeness are met at most of the
ozone monitors over the 2022-2024 period but were not met for the
ozone monitors at the Echo Summit, North Highlands--Blackfoot Way,
and Sloughhouse monitoring sites.
Table 1--Sacramento Metro Area Fourth High 8-Hour Ozone Average Concentrations and Design Values (ppm) for 2022-
2024
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4th Highest daily maximum
AQS site ID Site name ------------------------------------------------ Design value
2022 2023 2024 (2022-2024)
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EL DORADO COUNTY
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06-017-0012................... Echo Summit..... 0.064 0.065 \a\ NA \b\ Invalid
06-017-0020................... Cool............ 0.074 0.072 0.072 0.072
06-017-2004................... Placerville--Can 0.066 0.067 0.067 0.066
al Street.
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PLACER COUNTY
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06-061-0003................... Auburn--Atwood.. 0.075 0.064 0.079 0.072
06-061-0004................... Colfax--City 0.070 0.067 0.067 0.068
Hall.
06-061-0006................... Roseville--N 0.070 0.077 0.077 0.074
Sunrise Ave.
06-061-2003................... Lincoln--2885 0.066 0.060 0.063 0.063
Moore Road.
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SACRAMENTO COUNTY
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06-067-0002................... North Highlands-- \a\ NA \a\ NA \a\ NA \c\ Invalid
Blackfoot Way.
06-067-0006................... Sacramento Del 0.070 0.077 0.080 0.075
Paso Manor.
06-067-0010................... Sacramento--T 0.065 0.066 0.069 0.066
Street.
06-067-0011................... Elk Grove-- 0.058 0.050 0.048 0.052
Bruceville.
06-067-0012................... Folsom.......... 0.070 0.071 0.065 0.068
06-067-5003................... Sloughhouse..... 0.074 \a\ NA \a\ NA \d\ Invalid
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SOLANO COUNTY
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06-095-3003................... Vacaville....... 0.063 0.061 0.058 0.060
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YOLO COUNTY
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06-113-0004................... Davis--UCD 0.059 0.065 0.063 0.062
Campus.
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06-113-1003................... Woodland--Gibson 0.066 0.062 0.064 0.064
Road.
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\a\ The required annual 75 percent completeness criterion was not met, therefore the annual 4th highest daily
maximum values were not provided.
\b\ The design value for the Echo Summit site is invalid due to missing data for the month of April in 2022 and
2024 as well as null coded data in AQS with site computer/data logger down from April through May of 2024.
\c\ The design value for the North Highlands--Blackfoot Way site is invalid due to missing data from August 2022
through December 2024. SMAQMD lost the lease to the North Highlands--Blackfoot Way monitoring site and were
forced to shut down the monitor on August 1, 2022. SMAQMD is looking to secure a new location for the site.
\d\ The Sloughhouse design value is invalid due to null coded data in AQS with poor quality assurance results
from July 2023 through April 2024.
Invalid design values and annual 4th highest daily maximum values can be found in the ``SFNA O3 Design Value
Report 2008-2024.pdf''.
Source: EPA, AQS Design Value (AMP480), Report Request ID: 2260106, February 6, 2025.
Consistent with the requirements contained in 40 CFR part 50, the
EPA has reviewed the quality-assured and certified ozone ambient air
monitoring data for completeness. The EPA reviewed the data as recorded
in AQS for the applicable monitoring period, collected at the
monitoring sites in the Sacramento Metro area, and has determined that
the data are generally complete, with the exceptions of the Echo
Summit, North Highlands--Blackfoot Way, and Sloughhouse monitoring
sites. These exceptions are described below:
The Echo Summit monitoring site, which typically operates
seasonally from April through October, was not able to operate during
the month of April in the years 2019 to 2024 due to weather conditions
that made the access roads to the sites impassible.\28\ For this
reason, Echo Summit was not able to meet the 3-year completeness
criterion of 90 percent for the 2024 design value period. While Echo
Summit did not have a valid design value for the previous five years,
for the five most recent valid design value years (2010-2014) Echo
Summit was not among the top 50 percent of design values for the
Sacramento Metro area, was 0.016-0.031 ppm lower than the highest
design value site, and below the 2008 ozone NAAQS.\29\
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\28\ See 2024 CARB Annual Network Plan, Appendix B.
\29\ CARB submitted a site closure request for the Echo Summit
ozone monitor to EPA on February 10, 2025. CARB also requested a new
ozone monitor at the South Lake Tahoe--Sandy Way monitoring station
with a proposed start date of April 1, 2025. See letter from Michael
Miguel, CARB, to Dena Vallano, EPA Region IX, dated February 10,
2025. The EPA plans to act on these requests in the near future.
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The North Highlands--Blackfoot Way monitoring site was
shut down on August 1, 2022, due to sudden loss of the lease providing
access to the monitor following the property's sale to another owner.
SMAQMD notified the EPA of this abrupt closure via letter on July 28,
2022, and documented it in its 2023 annual network plan.\30\ The North
Highlands--Blackfoot Way monitoring site had design values that were
0.006-0.012 ppm lower than the highest design value site for the five
previous valid design value years of its operation (2016-2020), did not
have the highest fourth-highest daily maximum 8-hour ozone
concentration in the Sacramento Metro area in the last five years of
operations (2018-2022), and has had design values below the 2008 ozone
NAAQS since 2019.
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\30\ See 2023 SMAQMD Annual Network Plan, Appendix E.
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The Sloughhouse monitoring site failed an annual
performance evaluation due to an incorrectly installed ozone
calibrator, which resulted in data invalidation from July 2023 through
April 2024.\31\ As a result, the site did not meet the 3-year
completeness criterion of 90 percent and the 2023 and 2024 calendar
years did not meet the annual completeness criterion of 75 percent.
While Sloughhouse did not have valid design values for the previous two
design values, the Sloughhouse monitoring site was 0.008-0.014 ppm
lower than the highest design value site and not the fourth-highest
daily maximum 8-hour ozone concentration in the Sacramento Metro area
for the five previous valid design value years (2018-2022). Sloughhouse
also had valid design values below the 2008 ozone NAAQS for 2018-2022.
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\31\ See Data Certification Letter from Mark Loutzenhiser,
SMAQMD, to Martha Guzman, EPA, dated January 15, 2025.
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Historically, the design values for these sites have consistently
measured 0.005-0.015 ppm lower than the highest design value site for
the Sacramento Metro area.\32\ Therefore, we find that the invalid
design values at the Echo Summit, North Highland--Blackfoot Way, and
Sloughhouse monitoring sites do not preclude an attainment
determination for the Sacramento Metro area. The remaining ozone
monitoring sites meet the data completeness requirements of 40 CFR part
50, Appendix P.\33\ Taking into account the extent and reliability of
the applicable ozone monitoring network, and the data collected
therefrom and summarized in Table 1 of this document, we are proposing
to determine that the Sacramento Metro area attained the 2008 ozone
NAAQS (as defined in 40 CFR part 50, Appendix P) by the applicable
attainment date (i.e., December 31, 2024).
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\32\ See ``SFNA O3 Design Value Report 2008-2024.pdf,'' which is
included in the docket.
\33\ See id.
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E. Effects of This Proposed Determination
A determination of attainment by the attainment date does not have
the effect of redesignating an area to attainment. Redesignation of an
area to attainment requires that an area has met all applicable
requirements of CAA section 110 and part D, and that the area has
submitted, and the EPA has approved, a redesignation request and
maintenance plan.\34\ Therefore, if we finalize this determination as
proposed, the Sacramento Metro nonattainment will remain designated
nonattainment for the 2008 ozone NAAQS, and will retain its current
classification of Severe-15 for this standard. A determination of
attainment by the attainment date applies throughout the attainment
area, including to lands under jurisdiction of CARB and the Districts,
and the lands under
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jurisdiction of the Tribes mentioned in this document.
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\34\ Memorandum dated September 4, 1992 from John Calcagni,
Director, EPA Air Quality Management Division, to Regional Air
Directors, titled ``Procedures for Processing Requests to
Redesignate Areas to Attainment.''
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Based on our proposed finding of attainment by the applicable
attainment date, we are also proposing to find that the CAA requirement
for a SIP to include attainment contingency measures and RFP
contingency measures will no longer apply to the Sacramento Metro area
for purposes of the 2008 ozone NAAQS. Under CAA section 172(c)(9),
attainment contingency measures must be implemented only if the area
fails to attain by the attainment date. Further, under CAA section
182(g), ozone nonattainment areas classified ``Serious'' or higher are
required to meet RFP emissions reduction ``milestones'' and to
demonstrate compliance with those milestones only until the attainment
date has been met. Therefore, if we finalize our proposed determination
that the Sacramento Metro area has attained the 2008 ozone NAAQS by the
attainment date, then attainment contingency measures for the 2008
ozone NAAQS would never be required to be implemented, regardless of
whether the area continued to attain the NAAQS, and RFP contingency
measures could not be triggered and would therefore no longer be
necessary.\35\ This proposed finding will not prevent the EPA from
exercising its authority under the CAA to address any subsequent
violations of the NAAQS.
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\35\ See, e.g., 87 FR 42126, 42130 (July 14, 2022). See also 57
FR 13498, 13564 (April 16, 1992) and Memorandum dated May 10, 1995,
from John D. Seitz, Director, Office of Air Quality Planning and
Standards, to EPA Regional Air Directors, Regions I-X, Subject:
``Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard'' (``Seitz Memo'') p. 4.
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As noted in Section I.B of this notice, we are concurrently making
an interim final determination to stay the offset sanction and to defer
the highway funding sanction associated with the EPA's 2023 disapproval
of the Sacramento Metro area's contingency measures submittal. The
determination to stay and defer sanctions is based upon the proposed
determination of attainment by the attainment date detailed in this
document. A final determination of attainment by the attainment date
would permanently stop the sanctions and FIP clocks triggered by the
EPA's previous disapproval of the contingency measures requirement for
the Sacramento Metro area, and would permanently lift the offset
sanction that has been in place.\36\
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\36\ See Seitz Memo p. 6.
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III. Action Summary
We are proposing to determine that the Sacramento Metro area
attained the 2008 ozone NAAQS by its December 31, 2024 attainment date,
based on quality-assured and certified ambient air quality monitoring
data from 2022 through 2024. In this same issue of the Federal
Register, we are also issuing an interim final determination as
described in Section II.E, effective upon publication, to stay the
offset sanction and defer the highway funding sanction.
The EPA is soliciting public comments on the proposed action, our
rationale for the proposed action, and any other pertinent matters
related to the issues discussed in this document. We will accept
comments from the public on this proposal for the next 30 days and will
consider comments before taking final action.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993).
B. Paperwork Reduction Act (PRA)
This rule does not impose an information collection burden under
the provisions of the PRA of 1995 (44 U.S.C. 3501 et seq.). This action
does not contain any information collection activities and serves only
to propose a determination that the Sacramento Metro nonattainment area
attained the 2008 ozone NAAQS by the December 31, 2024 attainment date.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA (5
U.S.C. 601 et seq.). This action will not impose any requirements on
small entities. The proposed determination of attainment by the
attainment date for the 2015 ozone standards, does not in and of itself
create any new requirements beyond what is mandated by the CAA.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or Tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. The
division of responsibility between the federal government and the
states for purposes of implementing the NAAQS is established under the
CAA.
F. Executive Order 13175: Coordination With Indian Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by Tribal officials in the development of regulatory policies
that have Tribal implications.'' This action does not have Tribal
implications, as specified in Executive Order 13175, because this
determination will not impose substantial direct costs on Tribal
governments or preempt Tribal law. The EPA has identified Tribal areas
within the Sacramento Metro nonattainment area. We note that this
determination, if finalized, would apply throughout the nonattainment
area, including on Tribal lands within the nonattainment areas.
However, as noted in Section II.E of this notice, the Sacramento Metro
nonattainment area, including the Tribal lands within the nonattainment
area, would remain designated nonattainment and would retain its
existing classification.
The EPA plans to notify the Tribes located within the boundaries of
the Sacramento Metro nonattainment areas of this proposed
determination. Because a final determination of attainment would not
change the Tribe's existing nonattainment designation or
classification, the EPA does not plan offer government-to-government
consultation on this proposed determination, however, it is our
practice to initiate government-to-government consultation at the
request of any Tribe.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not
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subject to Executive Order 13045 because it does not establish an
environmental standard intended to mitigate health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 11, 2025.
Cheree D. Peterson,
Acting Regional Administrator, Region IX.
[FR Doc. 2025-04791 Filed 3-20-25; 8:45 am]
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