Determination of Attainment of the 1-Hour Ozone National Ambient Air Quality Standards in the Sacramento Metro Nonattainment Area in California, 64036-64039 [2012-25547]
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Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations
intersection of the line with the R24E
and R25E common line at the northwest
corner of section 36, T21N/R24E; then
(4) Proceed south along the R24E and
R25E common line for approximately
22.5 miles, over the Winchester and
Winchester SW maps, onto the Royal
City map, passing over the West Canal
and into the Frenchman Hills, to the
southwest corner of section 12, T17N/
R24E (concurrent with the intersection
of the R24E and R25E common line and
a single transmission line); then
(5) Proceed west in a straight line
along the section boundaries (marked
for 3 sections by the single transmission
line) for approximately 4 miles, onto the
Beverly NE map, to the southwest
corner of section 9, T17N/R24E; then
(6) Proceed north in a straight line
along the section boundary for
approximately 1 mile to the northwest
corner of section 9, T17N/R24E; then
(7) Proceed west in a straight line
along the section boundaries for
approximately 7.9 miles, onto the
Vantage map, crossing over Interstate
Route 90 and Columbia River, to the
western shoreline of the Columbia
River, at Hole in the Wall in Kittitas
County, section 6, T17N/R23E; and then
(8) Proceed north along the western
shoreline of the meandering Columbia
River for approximately 23.3 miles,
crossing over the Ginkgo and Cape Horn
SE maps, and onto the West Bar map,
returning to the beginning point.
Signed: September 18, 2012.
John J. Manfreda,
Administrator.
Approved: September 27, 2012.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 2012–25639 Filed 10–17–12; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2012–0909]
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Drawbridge Operation Regulations;
Long Island, New York Inland
Waterway From East Rockaway Inlet to
Shinnecock Canal, Hempstead, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
SUMMARY:
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the operation of the Wantagh State
Parkway Bridge across the Sloop
Channel, mile 15.4, at Jones Beach, New
York. The deviation is necessary to
install bascule girders at the bridge. This
deviation allows the bridge to remain in
the closed position.
DATES: This deviation is effective from
October 8, 2012 through November 16,
2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0909 and are available online at
www.regulations.gov, inserting USCG–
2012–0909 in the ‘‘Keyword’’ and then
clicking ‘‘Search’’. They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Judy Leung-Yee, Project
Officer, First Coast Guard District,
judy.k.leung-yee@uscg.mil, telephone
(212) 668–7165. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The
Wantagh State Parkway Bridge has a
vertical clearance in the closed position
of 20 feet at mean high water and 23 feet
at mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.5.
The New York Department of
Transportation requested a temporary
deviation to facilitate installation and
painting of bascule girders at the bridge.
The waterway has seasonal
recreational vessels and fishing vessels
of various sizes. We contacted the New
York Marine Trades Association and no
objections were received.
We did not receive 30-days advance
notice for this temporary deviation;
however, the Coast Guard is approving
this temporary deviation because this
girder installation and painting must be
performed during mild climate
conditions to facilitate the painting
operations and allow the new bridge
construction to continue on schedule.
Additional notice to the public will be
provided in the Local Notice to
Mariners and via a broadcast notice to
mariners.
Under this temporary deviation the
Wantagh State Parkway Bridge at mile
15.4, across Sloop Channel, shall
operate between October 8, 2012 and
November 16, 2012, as follows:
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Monday through Friday the bridge
may remain closed to vessel traffic from
6:30 a.m. through 12 p.m. and from
12:15 p.m. through 5 p.m.
Saturday and Sunday the bridge shall
open on signal between 7:30 a.m. and
8:30 p.m. after at least a thirty minute
advance notice is given by calling the
number posted at the bridge.
At all other times the bridge shall
open on signal after at least a thirty
minute advance notice is given by
calling the number posted at the bridge.
Vessels that can pass under the bridge
during the closed periods without a
bridge opening may do so at all times.
There are no alternate routes for vessel
traffic.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 5, 2012.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2012–25542 Filed 10–17–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0372; FRL–9741–8]
Determination of Attainment of the
1-Hour Ozone National Ambient Air
Quality Standards in the Sacramento
Metro Nonattainment Area in California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is determining that the
Sacramento Metro 1-hour ozone
nonattainment area (Sacramento Metro
Area) has attained the revoked National
Ambient Air Quality Standard (1-hour
ozone NAAQS or standard), and to
exclude certain 2008 data caused by
wildfire exceptional events. These air
quality determinations were proposed
in conjunction with a proposed
determination to terminate the State of
California’s obligations regarding 1-hour
ozone section 185 fee program SIP
provisions for the Sacramento Metro
Area. In this notice, EPA is finalizing
only that portion of its notice of
proposed rulemaking that determines
that the Sacramento Metro Area has
attained the 1-hour ozone standard, and
that excludes certain exceedances as
caused by ozone exceptional events.
SUMMARY:
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Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations
These air quality determinations were
addressed separately in the proposed
rulemaking and are severable from the
other issues that relate to termination of
section 185 1-hour ozone requirements.
EPA is not at this time taking final
action on other aspects of our notice of
proposed rulemaking that address
termination of 1-hour ozone section 185
fee requirements. EPA intends to
address any other issues relating to
Sacramento Metro Area 1-hour ozone
section 185 requirements, and their
termination, in a separate future
rulemaking.
This rule will be effective on
November 19, 2012.
DATES:
EPA has established docket
number EPA–R09–OAR–2011–0372 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
available in either location (e.g.,
confidential business information
(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.
ADDRESSES:
John
J. Kelly, EPA Region IX, (415) 947–4151,
kelly.johnj@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. EPA’s Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews
I. EPA’s Proposed Action
On May 18, 2011 (76 FR 28696), EPA
proposed to determine that the
Sacramento Metro Area attained the 1hour ozone standard in 2009 based on
complete, quality-assured and certified
ambient air quality monitoring data for
the 2007–2009 monitoring period,
excluding exceedances of the 1-hour
ozone standard that occurred due to
wildfire exceptional events in 2008.1 In
making its proposed determination, EPA
proposed to exclude from use certain air
quality monitoring data for 2008,
because they meet the criteria for ozone
exceptional events that are caused by
wildfires. These air quality
determinations were addressed
separately in the proposal and are
severable from the other issues and
criteria in the May 18, 2011 notice of
proposed rulemaking that relate to
termination of section 185 1-hour ozone
requirements.
EPA further proposed to determine
that the State of California is no longer
required to submit or implement section
185 fee program State Implementation
Plan (SIP) provisions for the Sacramento
Metro Area to satisfy anti-backsliding
requirements for the revoked 1-hour
ozone national ambient air quality
standard (1-hour ozone NAAQS or
standard).2 EPA’s proposal to terminate
the section 185 fee requirements for the
area identified certain criteria—(1)
whether the area attained and (2) that
any such attainment was due to
permanent and enforceable emissions
reductions—on which to base
termination, and addressed each of
these separately. With respect to the
criterion of attainment of the 1-hour
standard, in a section titled, ‘‘1-Hour
Ozone Attainment’’ EPA stated:
EPA proposes to determine that the
Sacramento Metro Area has attained the 1hour ozone standard; that is, the number of
expected exceedances at any site in the
nonattainment area is not greater than one
per year. [internal citation deleted] This
proposed determination is based on three
years of complete, quality-assured and
certified ambient air quality monitoring data
in AQS showing attainment of the 1-hour
ozone standard for the 2007–2009 monitoring
period, and complete, quality-assured data in
AQS for 2008–2010 that show continued
attainment. As explained below, in
determining the area’s attainment of the 1hour ozone standard, EPA is also proposing
to exclude from consideration exceedances
that occurred on three days in 2008, because
they are due to wildfire exceptional events.
May 18, 2011, 76 FR 28700.
The May 18, 2011 proposal presented
monitoring data for the Sacramento
Metro Area for 2007–2009, along with
EPA’s explication that showed the area
attained the 1-hour ozone NAAQS, and
continued to attain through 2010. Table
1 shows that the Sacramento Metro Area
has continued to attain the 1-hour ozone
NAAQS since that time, based on
complete, quality-assured and certified
data for 2008–2010, 2009–2011 and
preliminary data available for 2010–
2012.3
TABLE 1—1-HOUR OZONE DATA FOR THE SACRAMENTO METRO 1-HOUR OZONE NONATTAINMENT AREA a
Expected exceedances
by year
Site (monitor ID)
2008 b
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Placerville (06–017–0010) ...............................................................................
Echo Summit (06–017–0012) ..........................................................................
Cool (06–017–0020) ........................................................................................
Auburn (06–061–0002) ....................................................................................
Colfax (06–061–0004) .....................................................................................
Roseville (06–061–0006) .................................................................................
North Highlands (06–067–0002) ......................................................................
Sacramento-Del Paso Manor (06–067–0006) .................................................
Sacramento-T Street (06–067–0010) ..............................................................
Elk Grove (06–067–0011) ................................................................................
Folsom (06–067–0012) ....................................................................................
Sacramento-Airport Road c (06–067–0013) .....................................................
1 EPA proposed that the area continued in
attainment based on complete, quality-assured data
for 2010.
2 On the same day that EPA’s proposal was
published in the Federal Register, EPA published
a separate interim final determination ‘‘to defer
CAA section 179 sanctions associated with the
Sacramento Metro Area’s 1-hour Ozone CAA
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2.0
0.0
2.0
0.0
0.0
2.0
0.0
0.0
0.0
0.0
b 2.0
0.0
2009
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
NA
section 185 obligation based on our concurrent
proposal to approve a CAA section 185 termination
determination which would remove the obligation
of the state to submit a section 185 SIP when
finalized.’’ May 18, 2011, 76 FR 28661.
3 Preliminary data on the California Air Resources
Board (CARB) Web site show a single exceedance
(0.128 ppm) of the 1-hour ozone NAAQS on August
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2010
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
NA
Expected exceedances
3-yr average
2011
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
NA
2008–2010
2009–2011
0.7
0.0
0.7
0.0
0.0
0.7
0.0
0.0
0.0
0.0
0.7
NA
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
NA
13, 2012 at the Sloughhouse Road monitoring site.
Since there were no exceedances at this site in 2010
or 2011, this one exceedances in 2012 would not
by itself constitute a violation of the 1-hour ozone
NAAQS for the period 2010–2012.
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TABLE 1—1-HOUR OZONE DATA FOR THE SACRAMENTO METRO 1-HOUR OZONE NONATTAINMENT AREA a—Continued
Expected exceedances
by year
Site (monitor ID)
2008 b
Sacramento-Goldenland Court (06–067–0014) ...............................................
Sloughhouse Rd. (06–067–5003) ....................................................................
Vacaville (06–095–3003) .................................................................................
Davis (06–113–0004) .......................................................................................
Woodland (06–113–1003) ...............................................................................
0.0
3.0
0.0
0.0
0.0
2009
0.0
0.0
0.0
0.0
0.0
2010
0.0
0.0
0.0
0.0
0.0
Expected exceedances
3-yr average
2011
0.0
0.0
0.0
0.0
0.0
2008–2010
2009–2011
0.0
1.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
Source: Quicklook Report, August 20, 2012 (in the docket to this action).
a 40 CFR part 50, Appendix H—Interpretation of the 1-Hour Primary and Secondary National Ambient Air Quality Standards for Ozone.
b Data shown exclude exceedances on June 23, June 27 and July 10, 2008 due to exceptional events.
c The Airport Road site was relocated to the Goldenland Court site in August 2008.
NA—Data are not available.
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Two other issues in the May 18, 2011
notice were addressed separately: (1)
Whether, separate from determining
whether the area attained the standard
based on monitored air quality data,
EPA could determine that such
attainment was due to permanent and
enforceable emissions reductions; and
(2) whether EPA’s proposed
determinations regarding attainment
and permanent and enforceable
emissions reductions could support
termination of the area’s 1-hour ozone
section 185 anti-backsliding
requirements.
II. Public Comments
EPA’s proposed action provided a 30day public comment period. During this
period, the following parties submitted
comments:
1. Paul Cort, Earthjustice, submitted
on behalf of Natural Resources Defense
Council (NRDC); letter dated June 16,
2011.
2. Tim Shesteck, American Chemistry
Council (ACC); letter dated June 17,
2011.
3. Zachary L. Craft, Baker Botts, LLP;
letter dated June 17, 2011.
4. Catherine H. Reheis-Boyd, Western
States Petroleum Association (WSPA);
letter dated June 17, 2011.
5. Leslie Sue Ritts, The National
Environmental Development
Association’s Clean Air Project (NEDA–
CAP); letter dated June 18, 2011.
No adverse comments were directed
at EPA’s proposal to determine, based
on complete, quality-assured air quality
data, that the Sacramento Metro Area
has attained the 1-hour ozone standard.
Similarly, no adverse comments were
directed at EPA’s proposal to exclude
certain monitored exceedances in 2008
as due to exceptional events.
NRDC submitted adverse comments
relating to EPA’s proposal to terminate
1-hour ozone section 185 requirements
for the area, and set forth NRDC’s
contentions regarding additional criteria
and legal bases for termination. No
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comments disputed EPA’s proposed
determination that the area has attained
the 1-hour ozone standard. No adverse
comments address the component of
EPA’s notice of proposed rulemaking
that is the sole subject of today’s final
action—EPA’s determination that the
area has attained the 1-hour ozone
standard based on monitored air quality
since 2009, including the determination
to exclude certain monitored
exceedances in 2008 as due to
exceptional wildfire events.
As noted above, EPA intends to
address in separate rulemaking the
subject of NRDC’s comments—EPA’s
proposed termination of the Sacramento
Metro 1-hour ozone section 185
requirements, and criteria for
termination other than monitored
attainment.
EPA is acting today to finalize only
that portion of the proposal that
determines, based on air quality
monitoring data, that the area has
attained the 1-hour ozone standard,
including determining that three
exceedances in 2008 are excluded from
consideration because they were caused
by exceptional wildfire events. This
notice is not intended to address, and
does not finalize, any other portion of
EPA’s proposal related to termination of
1-hour ozone section 185 antibacksliding requirements in the
Sacramento Metro Area. As set forth
above, EPA intends to address these
issues in separate, future rulemaking.
III. EPA Action
EPA is determining that the
Sacramento Metro 1-hour ozone
nonattainment area has attained the 1hour ozone NAAQS based on complete,
quality-assured, and certified ambient
air quality monitoring data. Since 2009,
and continuing through 2010 and 2011,
complete, quality-assured and certified
air quality data show continuous
attainment. Preliminary data available
for 2012 are consistent with continued
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attainment. EPA is also finalizing its
determination to exclude from use, in
determining the area has attained the 1hour ozone standard, certain air quality
monitoring data for 2008, because they
meet the criteria for ozone exceptional
events that are caused by wildfires.
These air quality determinations were
addressed separately and are severable
from the other issues and criteria in the
May 18, 2011 notice of proposed
rulemaking that relate to termination of
section 185 1-hour ozone requirements.
Apart from EPA’s determination of
attainment based on air quality,4 EPA is
not in this notice taking final action on
any other aspects of its proposed
determination to terminate the 1-hour
ozone section 185 fee program
requirements for the Sacramento Metro
Area.
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 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);
4 This includes EPA’s determination with respect
to the 2008 exceedances caused by wildfire
exceptional events.
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Federal Register / Vol. 77, No. 202 / Thursday, October 18, 2012 / Rules and Regulations
• 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 EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, 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 the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
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 December 17,
2012. 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
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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,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: October 3, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.282 is amended by
adding paragraph (f) to read as follows:
■
§ 52.282
Ozone.
Control strategy and regulations:
*
*
*
*
*
(f) Determination of attainment. EPA
has determined that, as of November 19,
2012, the Sacramento Metro 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
2007–2009.
[FR Doc. 2012–25547 Filed 10–17–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2012–0566; FRL–9740–3]
Limited Approval and Disapproval of
Air Quality Implementation Plans;
Nevada; Clark County; Stationary
Source Permits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing a limited
approval and limited disapproval of
revisions to the Clark County portion of
the applicable state implementation
plan (SIP) for the State of Nevada. The
submitted revisions include new and
amended rules governing the issuance
of permits for stationary sources,
including review and permitting of
major sources and major modifications
under parts C and D of title I of the
Clean Air Act (CAA). The effect of this
SUMMARY:
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64039
limited approval and limited
disapproval action is to update the
applicable SIP with current Clark
County permitting rules and to set the
stage for remedying certain deficiencies
in these rules. This limited disapproval
action triggers an obligation on EPA to
promulgate a Federal Implementation
Plan unless the State of Nevada corrects
the deficiencies, and EPA approves the
related plan revisions, within two years
of the final action, and for certain
deficiencies the limited disapproval also
triggers sanctions under section 179 of
the CAA unless the State of Nevada
submits (on behalf of Clark County) and
we approve SIP revisions that correct
the deficiencies within 18 months of
final action.
DATES: Effective Date: This rule is
effective on November 19, 2012.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2012–0566 for
this action. Generally, documents in the
docket for this action available
electronically at 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 at www.regulations.
gov, some information may be publicly
available only at the hard copy location
(e.g., copyrighted material), 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.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, 75
Hawthorne Street (AIR–3), San
Francisco, CA 94105, phone number
(415) 972–3534, fax number (415) 947–
3579, or by email at yannayon.laura@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Summary of Proposed Action
II. Public Comment on Proposed Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Summary of Proposed Action
On July 24, 2012 (77 FR 43206), EPA
proposed a limited approval and limited
disapproval of revisions to the Clark
County portion of the Nevada State
Implementation Plan (SIP). The
submittals included new and amended
regulations governing the issuance of
permits for stationary sources under the
jurisdiction of the Clark County
Department of Air Quality (Clark or
DAQ), including review and permitting
E:\FR\FM\18OCR1.SGM
18OCR1
]]>Agencies
[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Rules and Regulations]
[Pages 64036-64039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25547]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2011-0372; FRL-9741-8]
Determination of Attainment of the 1-Hour Ozone National Ambient
Air Quality Standards in the Sacramento Metro Nonattainment Area in
California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is determining that the Sacramento Metro 1-hour ozone
nonattainment area (Sacramento Metro Area) has attained the revoked
National Ambient Air Quality Standard (1-hour ozone NAAQS or standard),
and to exclude certain 2008 data caused by wildfire exceptional events.
These air quality determinations were proposed in conjunction with a
proposed determination to terminate the State of California's
obligations regarding 1-hour ozone section 185 fee program SIP
provisions for the Sacramento Metro Area. In this notice, EPA is
finalizing only that portion of its notice of proposed rulemaking that
determines that the Sacramento Metro Area has attained the 1-hour ozone
standard, and that excludes certain exceedances as caused by ozone
exceptional events.
[[Page 64037]]
These air quality determinations were addressed separately in the
proposed rulemaking and are severable from the other issues that relate
to termination of section 185 1-hour ozone requirements. EPA is not at
this time taking final action on other aspects of our notice of
proposed rulemaking that address termination of 1-hour ozone section
185 fee requirements. EPA intends to address any other issues relating
to Sacramento Metro Area 1-hour ozone section 185 requirements, and
their termination, in a separate future rulemaking.
DATES: This rule will be effective on November 19, 2012.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2011-0372 for
this action. Generally, documents in the docket for this action are
available electronically at https://www.regulations.gov or in hard copy
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While
all documents in the docket are listed at https://www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps, multi-volume
reports), and some may not be available in either location (e.g.,
confidential business information (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.
FOR FURTHER INFORMATION CONTACT: John J. Kelly, EPA Region IX, (415)
947-4151, kelly.johnj@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. EPA's Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews
I. EPA's Proposed Action
On May 18, 2011 (76 FR 28696), EPA proposed to determine that the
Sacramento Metro Area attained the 1-hour ozone standard in 2009 based
on complete, quality-assured and certified ambient air quality
monitoring data for the 2007-2009 monitoring period, excluding
exceedances of the 1-hour ozone standard that occurred due to wildfire
exceptional events in 2008.\1\ In making its proposed determination,
EPA proposed to exclude from use certain air quality monitoring data
for 2008, because they meet the criteria for ozone exceptional events
that are caused by wildfires. These air quality determinations were
addressed separately in the proposal and are severable from the other
issues and criteria in the May 18, 2011 notice of proposed rulemaking
that relate to termination of section 185 1-hour ozone requirements.
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\1\ EPA proposed that the area continued in attainment based on
complete, quality-assured data for 2010.
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EPA further proposed to determine that the State of California is
no longer required to submit or implement section 185 fee program State
Implementation Plan (SIP) provisions for the Sacramento Metro Area to
satisfy anti-backsliding requirements for the revoked 1-hour ozone
national ambient air quality standard (1-hour ozone NAAQS or
standard).\2\ EPA's proposal to terminate the section 185 fee
requirements for the area identified certain criteria--(1) whether the
area attained and (2) that any such attainment was due to permanent and
enforceable emissions reductions--on which to base termination, and
addressed each of these separately. With respect to the criterion of
attainment of the 1-hour standard, in a section titled, ``1-Hour Ozone
Attainment'' EPA stated:
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\2\ On the same day that EPA's proposal was published in the
Federal Register, EPA published a separate interim final
determination ``to defer CAA section 179 sanctions associated with
the Sacramento Metro Area's 1-hour Ozone CAA section 185 obligation
based on our concurrent proposal to approve a CAA section 185
termination determination which would remove the obligation of the
state to submit a section 185 SIP when finalized.'' May 18, 2011, 76
FR 28661.
EPA proposes to determine that the Sacramento Metro Area has
attained the 1-hour ozone standard; that is, the number of expected
exceedances at any site in the nonattainment area is not greater
than one per year. [internal citation deleted] This proposed
determination is based on three years of complete, quality-assured
and certified ambient air quality monitoring data in AQS showing
attainment of the 1-hour ozone standard for the 2007-2009 monitoring
period, and complete, quality-assured data in AQS for 2008-2010 that
show continued attainment. As explained below, in determining the
area's attainment of the 1-hour ozone standard, EPA is also
proposing to exclude from consideration exceedances that occurred on
three days in 2008, because they are due to wildfire exceptional
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events.
May 18, 2011, 76 FR 28700.
The May 18, 2011 proposal presented monitoring data for the
Sacramento Metro Area for 2007-2009, along with EPA's explication that
showed the area attained the 1-hour ozone NAAQS, and continued to
attain through 2010. Table 1 shows that the Sacramento Metro Area has
continued to attain the 1-hour ozone NAAQS since that time, based on
complete, quality-assured and certified data for 2008-2010, 2009-2011
and preliminary data available for 2010-2012.\3\
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\3\ Preliminary data on the California Air Resources Board
(CARB) Web site show a single exceedance (0.128 ppm) of the 1-hour
ozone NAAQS on August 13, 2012 at the Sloughhouse Road monitoring
site. Since there were no exceedances at this site in 2010 or 2011,
this one exceedances in 2012 would not by itself constitute a
violation of the 1-hour ozone NAAQS for the period 2010-2012.
Table 1--1-Hour Ozone Data for the Sacramento Metro 1-Hour Ozone Nonattainment Area a
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Expected exceedances by year Expected exceedances
------------------------------------ 3[dash]yr average
Site (monitor ID) 2008 -------------------------
\b\ 2009 2010 2011 2008-2010 2009-2011
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Placerville (06-017-0010)......................... 2.0 0.0 0.0 0.0 0.7 0.0
Echo Summit (06-017-0012)......................... 0.0 0.0 0.0 0.0 0.0 0.0
Cool (06-017-0020)................................ 2.0 0.0 0.0 0.0 0.7 0.0
Auburn (06-061-0002).............................. 0.0 0.0 0.0 0.0 0.0 0.0
Colfax (06-061-0004).............................. 0.0 0.0 0.0 0.0 0.0 0.0
Roseville (06-061-0006)........................... 2.0 0.0 0.0 0.0 0.7 0.0
North Highlands (06-067-0002)..................... 0.0 0.0 0.0 0.0 0.0 0.0
Sacramento-Del Paso Manor (06-067-0006)........... 0.0 0.0 0.0 0.0 0.0 0.0
Sacramento-T Street (06-067-0010)................. 0.0 0.0 0.0 0.0 0.0 0.0
Elk Grove (06-067-0011)........................... 0.0 0.0 0.0 0.0 0.0 0.0
Folsom (06-067-0012).............................. \b\ 2.0 0.0 0.0 0.0 0.7 0.0
Sacramento-Airport Road \c\ (06-067-0013)......... 0.0 NA NA NA NA NA
[[Page 64038]]
Sacramento-Goldenland Court (06-067-0014)......... 0.0 0.0 0.0 0.0 0.0 0.0
Sloughhouse Rd. (06-067-5003)..................... 3.0 0.0 0.0 0.0 1.0 0.0
Vacaville (06-095-3003)........................... 0.0 0.0 0.0 0.0 0.0 0.0
Davis (06-113-0004)............................... 0.0 0.0 0.0 0.0 0.0 0.0
Woodland (06-113-1003)............................ 0.0 0.0 0.0 0.0 0.0 0.0
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Source: Quicklook Report, August 20, 2012 (in the docket to this action).
\a\ 40 CFR part 50, Appendix H--Interpretation of the 1-Hour Primary and Secondary National Ambient Air Quality
Standards for Ozone.
\b\ Data shown exclude exceedances on June 23, June 27 and July 10, 2008 due to exceptional events.
\c\ The Airport Road site was relocated to the Goldenland Court site in August 2008.
NA--Data are not available.
Two other issues in the May 18, 2011 notice were addressed
separately: (1) Whether, separate from determining whether the area
attained the standard based on monitored air quality data, EPA could
determine that such attainment was due to permanent and enforceable
emissions reductions; and (2) whether EPA's proposed determinations
regarding attainment and permanent and enforceable emissions reductions
could support termination of the area's 1-hour ozone section 185 anti-
backsliding requirements.
II. Public Comments
EPA's proposed action provided a 30-day public comment period.
During this period, the following parties submitted comments:
1. Paul Cort, Earthjustice, submitted on behalf of Natural
Resources Defense Council (NRDC); letter dated June 16, 2011.
2. Tim Shesteck, American Chemistry Council (ACC); letter dated
June 17, 2011.
3. Zachary L. Craft, Baker Botts, LLP; letter dated June 17, 2011.
4. Catherine H. Reheis-Boyd, Western States Petroleum Association
(WSPA); letter dated June 17, 2011.
5. Leslie Sue Ritts, The National Environmental Development
Association's Clean Air Project (NEDA-CAP); letter dated June 18, 2011.
No adverse comments were directed at EPA's proposal to determine,
based on complete, quality-assured air quality data, that the
Sacramento Metro Area has attained the 1-hour ozone standard.
Similarly, no adverse comments were directed at EPA's proposal to
exclude certain monitored exceedances in 2008 as due to exceptional
events.
NRDC submitted adverse comments relating to EPA's proposal to
terminate 1-hour ozone section 185 requirements for the area, and set
forth NRDC's contentions regarding additional criteria and legal bases
for termination. No comments disputed EPA's proposed determination that
the area has attained the 1-hour ozone standard. No adverse comments
address the component of EPA's notice of proposed rulemaking that is
the sole subject of today's final action--EPA's determination that the
area has attained the 1-hour ozone standard based on monitored air
quality since 2009, including the determination to exclude certain
monitored exceedances in 2008 as due to exceptional wildfire events.
As noted above, EPA intends to address in separate rulemaking the
subject of NRDC's comments--EPA's proposed termination of the
Sacramento Metro 1-hour ozone section 185 requirements, and criteria
for termination other than monitored attainment.
EPA is acting today to finalize only that portion of the proposal
that determines, based on air quality monitoring data, that the area
has attained the 1-hour ozone standard, including determining that
three exceedances in 2008 are excluded from consideration because they
were caused by exceptional wildfire events. This notice is not intended
to address, and does not finalize, any other portion of EPA's proposal
related to termination of 1-hour ozone section 185 anti-backsliding
requirements in the Sacramento Metro Area. As set forth above, EPA
intends to address these issues in separate, future rulemaking.
III. EPA Action
EPA is determining that the Sacramento Metro 1-hour ozone
nonattainment area has attained the 1-hour ozone NAAQS based on
complete, quality-assured, and certified ambient air quality monitoring
data. Since 2009, and continuing through 2010 and 2011, complete,
quality-assured and certified air quality data show continuous
attainment. Preliminary data available for 2012 are consistent with
continued attainment. EPA is also finalizing its determination to
exclude from use, in determining the area has attained the 1-hour ozone
standard, certain air quality monitoring data for 2008, because they
meet the criteria for ozone exceptional events that are caused by
wildfires. These air quality determinations were addressed separately
and are severable from the other issues and criteria in the May 18,
2011 notice of proposed rulemaking that relate to termination of
section 185 1-hour ozone requirements.
Apart from EPA's determination of attainment based on air
quality,\4\ EPA is not in this notice taking final action on any other
aspects of its proposed determination to terminate the 1-hour ozone
section 185 fee program requirements for the Sacramento Metro Area.
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\4\ This includes EPA's determination with respect to the 2008
exceedances caused by wildfire exceptional events.
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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 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);
[[Page 64039]]
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 EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, 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 the SIP is not approved to apply in Indian country located in
the State, and EPA notes that 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 December 17, 2012. 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, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: October 3, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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 (f) to read as
follows:
Sec. 52.282 Control strategy and regulations: Ozone.
* * * * *
(f) Determination of attainment. EPA has determined that, as of
November 19, 2012, the Sacramento Metro 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 2007-
2009.
[FR Doc. 2012-25547 Filed 10-17-12; 8:45 am]
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