Determination of Attainment of the1-Hour Ozone National Ambient Air Quality Standard in the Southeast Desert Nonattainment Area in California, 50574-50577 [2014-20220]
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50574
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Proposed Rules
environment. This proposed rule
involves the establishment of a safety
zone. This proposed rule is categorically
excluded from further review under
paragraph 34–g of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–0693 to read as
follows:
■
emcdonald on DSK67QTVN1PROD with PROPOSALS
§165.T05–0693 Safety Zone, Elizabeth
River; Portsmouth, VA
(a) Definitions. For the purposes of
this section, Captain of the Port means
the Commander, U.S. Coast Guard
Sector Hampton Roads. Representative
means any Coast Guard commissioned,
warrant, or petty officer who has been
authorized by the Captain of the Port
Hampton Roads to assist in enforcing
the security zone described in paragraph
(b) of this section.
(b) Location. The following area is a
safety zone: Specified waters of the
Captain of the Port Sector Hampton
Roads zone, as defined in 33 CFR 3.25–
10: the Elizabeth River between
Elizabeth River Channel Buoy 31 and
Elizabeth River Channel Buoy 34, across
the entire width of the federal channel.
(c) Regulations. (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Hampton Roads or his designated
Representative.
(2) Persons desiring to transit the area
of the security zone must first obtain
authorization from the Captain of the
Port Hampton Roads or his designated
Representative. The Coast Guard vessels
enforcing this section can be contacted
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on Marine Band Radio, VHF–FM
channel 16 (156.8 MHz). Upon being
hailed by a U.S. Coast Guard vessel, or
other Federal, State, or local agency
vessel, by siren, radio, flashing light, or
other means, the operator of a vessel
shall proceed as directed. If permission
is granted, all persons and vessels must
comply with the instructions of the
Captain of the Port Hampton Roads or
his designated Representative and
proceed at the minimum speed
necessary to maintain a safe course
while within the zone.
(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
number (757) 668–5555.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State, and local agencies.
(e) Enforcement Period: This section
will be enforced from 12 a.m. January 1
to 11:59 p.m. January 2, 2015; 12:00 a.m.
January 12 to 11:59 p.m. January 13,
2015; 12 a.m. January 19 to 11:59 p.m.
January 20, 2015; 12 a.m. January 22 to
11:59 p.m. January 23, 2015; 12 a.m.
January 27 to 11:59 p.m. January 28,
2015; 12 a.m. February 9 to 11:59 p.m.
February 10, 2015; 12 a.m. March 2 to
11:59 p.m. March 3, 2015; 12 a.m.
March 5 to 11:59 p.m. March 6, 2015;
12 a.m. March 10 to 11:59 p.m. March
11, 2015; 12 a.m. March 23 to 11:59 p.m.
March 24, 2015; 12 a.m. March 30 to
11:59 p.m. March 31, 2015; and 12 a.m.
April 6 to 11:59 p.m. April 7, 2015. In
the event of inclement weather, each
date will be shifted up to 24 hours later.
Dated: August 8, 2014.
Christopher S. Keane,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2014–19986 Filed 8–22–14; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2014–0612; FRL–9915–67–
Region–9]
Determination of Attainment of the
1-Hour Ozone National Ambient Air
Quality Standard in the Southeast
Desert Nonattainment Area in
California
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Southeast Desert nonattainment
area has attained the 1-hour ozone
National Ambient Air Quality Standard.
This proposed determination is based
on complete, quality-assured, and
certified data for the most recent threeyear period (2011–2013).
DATES: Any comments must arrive by
September 24, 2014.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2014–0612, by one of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
• E-Mail: kelly.thomasp@epa.gov.
• Mail or Deliver: Tom Kelly, Office
of Air Planning (AIR–2), U.S.
Environmental Protection Agency
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or email. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send
email directly to EPA, your email
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comments due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Docket: The index to the docket for
this action is available electronically on
SUMMARY:
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the www.regulations.gov Web site and
in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California, 94105. While all documents
in the docket are listed in the index,
some information may be publicly
available only at the hard copy location
(e.g., copyrighted material or large
maps), 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 below.
FOR FURTHER INFORMATION CONTACT: Tom
Kelly, Air Planning Office (AIR–2), U.S.
Environmental Protection Agency,
Region IX, (415) 972–3856,
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Table of Contents
I. Background
II. EPA’s Analysis
III. Proposed EPA Action and Request for
Public Comment
IV. Statutory and Executive Order Reviews
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I. Background
The Clean Air Act (CAA or ‘‘Act’’)
requires us 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 (see
sections 108 and 109 of the Act). In
1979, we promulgated an ozone NAAQS
of 0.12 parts per million (ppm), onehour average (‘‘1-hour ozone standard’’).
See 44 FR 8202, February 8, 1979.
An area is considered to have attained
the 1-hour ozone standard if there are
no violations of the standard, as
determined in accordance with the
regulation codified at 40 CFR section
50.9, based on three consecutive
calendar years of complete, qualityassured and certified monitoring data. A
violation occurs when the ‘‘expected
number’’ of days per calendar year with
maximum hourly average
concentrations above 0.12 ppm is
greater than one (1.0) at any site in the
area, when averaged over three
consecutive calendar years.1 An
1 An ‘‘expected number’’ of exceedances is a
statistical term that refers to an arithmetic average.
An ‘‘expected number’’ of exceedances may be
equivalent to the number of observed exceedances
plus an increment that accounts for incomplete
sampling. See, 40 CFR part 50, appendix H.
Because, in this context, the term ‘‘exceedances’’
refers to days (during which the daily maximum
hourly ozone concentration exceeded 0.124 ppm),
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exceedance occurs when the maximum
hourly ozone concentration during any
day exceeds 0.124 ppm. For more
information, please see ‘‘National 1hour primary and secondary ambient air
quality standards for ozone’’ (40 CFR
50.9) and ‘‘Interpretation of the 1-Hour
Primary and Secondary National
Ambient Air Quality Standards for
Ozone’’ (40 CFR part 50, appendix H).
The Act, as amended in 1990,
required EPA to designate as
nonattainment any ozone area that was
still designated nonattainment under
the 1977 Act Amendments, and any
other area violating the 1-hour ozone
standard, generally based on air quality
monitoring data from the 1987 through
1989 period (section 107(d)(4) of the
Act; 56 FR 56694, November 6, 1991).
The 1990 Amended Act further
classified these areas, based on the
severity of their nonattainment problem,
as Marginal, Moderate, Serious, Severe,
or Extreme. In response, EPA designated
the Southeast Desert Modified Air
Quality Maintenance Area (AQMA)
(‘‘Southeast Desert’’) as ‘‘Severe-17’’
nonattainment for the 1-hour ozone
standard, with an attainment date no
later than November 15, 2007.2 See 56
FR 56694, November 6, 1991. Outside of
Indian country, the Los Angeles portion
of the Southeast Desert lies within the
Antelope Valley Air Quality
Management District (AVAQMD), the
San Bernardino County portion of the
Southeast Desert lies within the Mojave
Desert Air Quality Management District
(MDAQMD), and the Riverside County
portion of the Southeast Desert lies
within the South Coast Air Quality
Management District (SCAQMD).3
The control requirements and date by
which attainment of the 1-hour ozone
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, November 15,
1993, while Severe and Extreme areas
the maximum possible number of exceedances in a
given year is 365 (or 366 in a leap year).
2 The Southeast Desert covers the Victor Valley/
Barstow region in San Bernardino County, the
Coachella Valley region in Riverside County, and
the Antelope Valley portion of Los Angeles County
(see 40 CFR 81.305 for the precise boundaries of the
1-hour ozone nonattainment area).
3 ‘‘Indian country’’ as defined at 18 U.S.C. 1151
refers to: ‘‘(a) All land within the limits of any
Indian reservation under the jurisdiction of the
United States Government, notwithstanding the
issuance of any patent, and, including rights-of-way
running through the reservation, (b) all dependent
Indian communities within the borders of the
United States whether within the original or
subsequently acquired territory thereof, and
whether within or without the limits of a state, and
(c) all Indian allotments, the Indian titles to which
have not been extinguished, including rights-of-way
running through the same.’’
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were subject to more stringent planning
requirements and were provided more
time to attain the standard. Two
measures that are triggered if a Severe
or Extreme area failed to attain the
standard by the applicable attainment
date are contingency measures [section
172(c)(9)] and a major stationary source
fee provision [sections 182(d)(3) and
185] (‘‘major source fee program’’ or
‘‘section 185 fee program’’).
In 1997, EPA promulgated an 8-hour
ozone standard (0.08 ppm) (‘‘1997 8hour ozone standard’’), 62 FR 38856
(July 18, 1997), to replace the 1-hour
ozone standard. While the 1-hour ozone
standard was revoked in 2005, we
continue to determine whether areas
attain, or fail to attain, the 1-hour ozone
standard because of the continued
applicability of certain 1-hour ozone
control requirements in areas, such as
the Southeast Desert, that are designated
as nonattainment for the 1997 8-hour
ozone standard and the connection
between some of those requirements
and attainment of the 1-hour ozone
standard.
In the decades since the 1990 CAA
Amendments, in large part due to
decreases in upwind emissions of ozone
precursors, 1-hour ozone concentrations
in the Southeast Desert have decreased
substantially. For instance, from 1990 to
2005, the number of exceedances of the
standard in the Southeast Desert
decreased from 27 to 4 at the Palm
Springs monitor in Coachella Valley and
from 59 to 3 at the Hesperia monitor in
Victor Valley. However, despite the
improvements, upon review of the
ambient data for the three years
preceding the applicable attainment
date (i.e., 2005–2007), we determined
that the Southeast Desert failed to attain
the 1-hour ozone standard by the 2007
statutory deadline. See 76 FR 82133
(December 30, 2011).
In our proposal to determine that the
Southeast Desert had failed to attain the
standard, we noted that preliminary
review of data from 2008 through 2010
suggested that the trend toward cleaner
air in the Southeast Desert was
continuing. 76 FR 56694, at 56700
(September 14, 2011). Indeed, the trend
has continued with 2010–2012 being the
first three-year period in which
preliminary review of the data suggests
that the Southeast Desert attained the
standard. Given the further
improvement in ozone conditions in the
Southeast Desert, the California Air
Resources Board (CARB) has requested
that EPA make a determination that the
Southeast Desert has attained the 1-hour
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ozone standard.4 Year 2013 data is now
available, and thus EPA’s action herein
is based on the most recent three-year
period (2011–2013).
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II. EPA’s Analysis
A determination of whether an area’s
air quality meets the 1-hour ozone
standard is generally based upon three
years of complete,5 quality-assured and
certified air quality monitoring data
gathered at established State and Local
Air Monitoring Stations (‘‘SLAMS’’) in
the nonattainment area and entered into
EPA’s Air Quality System (AQS)
database. Data from 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, EPA relies primarily on
data in its AQS database when
determining the attainment status of an
area. See 40 CFR 50.9; 40 CFR part 50,
appendix H; 40 CFR part 53; 40 CFR
part 58, appendices A, C, D and E. All
data are reviewed to determine the
area’s air quality status in accordance
with 40 CFR part 50, appendix H.
Under EPA regulations at 40 CFR
50.9, the 1-hour ozone standard is
attained at a monitoring site when the
expected number of days per calendar
year with maximum hourly average
concentrations above 0.12 ppm is equal
to or less than 1.0, as determined by 40
CFR part 50, appendix H.6
The CARB is the Primary Quality
Assurance Organization (PQAO)
responsible for assuring that the area
meets air quality monitoring
requirements in the Los Angeles County
and San Bernardino County portions of
the Southeast Desert, and the SCAQMD
is the PQAO responsible for assuring
that the requirements are met in the
Riverside County portion of the
4 See Letter from Richard W. Corey, Executive
Officer, CARB, to Jared Blumenfeld, Regional
Administrator, EPA Region IX, dated February 25,
2014.
5 Generally, a ‘‘complete’’ data set for determining
attainment of the ozone is one that includes three
years of data with an average percent of days with
valid monitoring data greater than 90% with no
single year less than 75%. See 40 CFR part 50,
appendix I. 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.
6 The average number of expected exceedances is
determined by averaging the expected exceedances
of the 1-hour ozone standard over a consecutive
three calendar year period. See 40 CFR part 50,
appendix H.
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Southeast Desert. The AVAQMD
operates monitors in the Los Angeles
County portion of the Southeast Desert;
the MDAQMD operates monitors in the
San Bernardino County portion of the
Southeast Desert; and the SCAQMD
operate monitors in the Riverside
County portion of the Southeast Desert.
All agencies are required to submit
annual monitoring network plans to
EPA. The AVAQMD and MDAQMD
monitoring networks are included in the
CARB annual network plan, while
SCAQMD submits a separate annual
network plan. These plans discuss the
status of the air monitoring network, as
required under 40 CFR 58.10.
With respect to the annual network
plans submitted by CARB that includes
the AVAQMD and MDAQMD monitors,
we have reviewed these plans and
found that they meet the applicable
requirements under 40 CFR part 58.7
The Technical System Audit (TSA) we
conducted in 2011 of the CARB PQAO
included a review of the network
requirements in AVAQMD and
MDAQMD. In the TSA, we concluded
that the combined ambient air
monitoring networks operated by CARB
and the air districts currently meet or
exceed the requirements for the
minimum number of SLAMS
monitoring sites for ozone in the
Southeast Desert. Also, AVAQMD and
MDAQMD annually certify that the data
submitted to AQS are quality-assured.8
EPA has reviewed SCAQMD’s plans
for compliance with the applicable
requirements in 40 CFR part 58 on an
annual basis. With respect to ozone,
EPA has found that the SCAQMD’s
network plans meet the applicable
requirements under 40 CFR part 58.9
Furthermore, we concluded in our TSA
of the SCAQMD network conducted
during April 2010, that the ambient air
monitoring network operated by
SCAQMD currently meets or exceeds
the requirements for the minimum
number of SLAMS monitoring sites for
all criteria pollutants, and the ozone
7 See, e.g., letter from Meredith Kurpius, Manager,
Air Quality Analysis Office, EPA Region IX, to
Karen Magliano, Air Quality Data Branch, Planning
and Technical Support Division, CARB, dated May
7, 2014.
8 See, e.g., letters from Christopher A. Collins,
Supervising AQ Engineer, MDAQMD, to Fletcher
Clover, EPA Region IX, dated May 6, 2014,
certifying 2013 data from AVAQMD and MDAQMD.
9 See, e.g., letter from Meredith Kurpius, Manager,
Air Quality Analysis Office, Air Division, EPA
Region IX, to Dr. Matt Miyasato, Deputy Executive
Officer, Science and Technology Advancement,
SCAQMD, dated March 11, 2014.
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monitoring sites within the Southeast
Desert are properly located with respect
to monitoring objectives, spatial scales
and other site criteria, as required by 40
CFR part 58, appendix D.10 Also,
SCAQMD annually certifies that the
data it submits to AQS are qualityassured.11
There were eight ozone monitoring
sites located throughout the Southeast
Desert in calendar years 2011 through
2013 that collected data for regulatory
purposes: one in Los Angeles County,
two in Riverside County, and five in San
Bernardino County.12 All of the sites
monitor ozone concentrations on a
continuous basis using Federal
Equivalent Method (FEM) monitors.
AVAQMD operates the one monitor in
Los Angeles County. SCAQMD operates
two in Riverside County. MDAQMD
operates four in San Bernardino County.
The National Park Service operates one
monitor in San Bernardino County at
Joshua Tree National Park (Yucca
Valley).13 Also, the National Park
Service annually certifies that the data
it submits to AQS are quality-assured.14
Table 1 summarizes the ozone
monitoring data from the various
monitoring sites in the Southeast Desert,
showing the expected exceedances per
year and as an average over the 2011–
2013 period. The data summarized in
table 1 are considered complete for the
purposes of determining if the standard
is met.15
10 See letter from Deborah Jordan, Director, Air
Division, U.S. EPA Region IX, to Barry Wallerstein,
Executive Officer, SCAQMD, dated March 14, 2011,
and enclosure titled, ‘‘Technical System Audit
Report, South Coast Air Quality Management
District, April 13–April 16, 2010.’’
11 See, e.g., letter from Matt Miyasoto, Deputy
Executive Office, Science and Technology
Advancement, SCAQMD, to Jared Blumenfeld,
Regional Administrator, EPA Region IX, dated June
27, 2014, certifying 2013 ozone data.
12 See figures 5 and 11 from CARB’s State and
Local Air Monitoring Network Plan (June 2009) for
illustrations of the locations of the ozone monitors
within the Southeast Desert.
13 The National Park Service also operates an
ozone monitor in Riverside County at Joshua Tree
National Park (Cottonwood Visitor Center; AQS ID
06–065–0008), but until recently, the monitor has
not been either a federal reference method or
federal equivalent method monitor. Thus, we are
not using the data from this Cottonwood monitor
for the proposed determination of attainment.
14 See, e.g., letter from Kristi Morris, Program
Manager, National Park Service, to Lew Weinstock,
EPA, dated April 29, 2014, certifying 2013 ozone
data.
15 The criteria for data completeness are met at all
of the ozone monitors in the Southeast Desert over
the 2011–2013 period.
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TABLE 1—ONE-HOUR OZONE DATA FOR THE SOUTHEAST DESERT 1-HOUR OZONE NONATTAINMENT AREA
Expected exceedances by
year
General location
Site (AQS ID)
2011
2012
Expected
exceedances
3-year
average
2013
2011–2013
Antelope Valley/Los Angeles County .......................................
Coachella Valley/Riverside County ..........................................
Coachella Valley/Riverside County ..........................................
Northern portion of SE Desert AQMA/San Bernardino County
SW portion of SE Desert AQMA/San Bernardino County .......
SW portion of SE Desert AQMA/San Bernardino County .......
SW portion of SE Desert AQMA/San Bernardino County .......
Joshua Tree National Park/San Bernardino County ................
Lancaster (06–037–9033) .......
Indio (06–065–2002) ...............
Palm Springs (06–065–5001)
Barstow (06–071–0001) .........
Hesperia (06–071–4001) ........
Phelan (06–071–0012) ...........
Victorville (06–071–0306) .......
Yucca Valley (06–071–9002)
0.0
0.0
0.0
0.0
1.0
0.0
0.0
0.0
0.0
0.0
1.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.3
0.0
0.3
0.0
0.0
0.0
Source: AQS Quick Look Report, May 9, 2014 (in the docket to this proposed action).
Generally, the highest ozone
concentrations in the Southeast Desert
occur in the far southwestern portion of
the area, near mountain passes through
which pollutants are transported to the
Southeast Desert from the South Coast
Air Basin. As shown in table 1, the
highest three-year average of expected
exceedances at any site in the Southeast
Desert for 2011–2013 is 0.3 at Palm
Springs in Riverside County and
Hesperia in San Bernardino County. The
calculated exceedance rate of 0.3
represents attainment of the 1-hour
ozone standard (a three-year average of
expected exceedances less than or equal
to 1).
Taking into account the extent and
reliability of the applicable ozone
monitoring network, and the data
collected therefrom and summarized in
table 1, we propose to determine that
the Southeast Desert has attained the 1hour ozone standard (as defined in 40
CFR part 50, appendix H) based on the
most recent three years of monitoring
data for the area (2011–2013). Data for
2014 will be reviewed prior to our final
action to ensure that it is consistent
with continued attainment of the 1-hour
ozone standard in the Southeast Desert.
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III. Proposed EPA Action and Request
for Public Comment
EPA is proposing to determine that
the Southeast Desert Area has attained
the 1-hour ozone standard based on
complete, quality-assured and certified
ambient air quality monitoring data for
the 2011–2013 monitoring period.
EPA is soliciting public comments on
the issues discussed in this document or
on other relevant matters. We will
accept comments from the public on
this proposal for the next 30 days. We
will consider these comments before
taking final action.
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IV. Statutory and Executive Order
Reviews
This action proposes to make a
determination based on air quality data
and does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999); is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
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In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
Dated: August 12, 2014.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2014–20220 Filed 8–22–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–HQ–OAR–2012–0233; FRL–9915–73–
OAR]
Air Quality Designations for the 2010
Sulfur Dioxide (SO2) Primary National
Ambient Air Quality Standard: Notice
of Action Denying Petitions for
Reconsideration and Stay Request
Environmental Protection
Agency.
ACTION: Action denying petitions for
reconsideration and stay request.
AGENCY:
The Environmental Protection
Agency (EPA) is providing notice that it
has responded to two petitions for
reconsideration of a rule published in
the Federal Register on August 5, 2013,
that promulgated the initial air quality
designations for the 2010 Primary SO2
National Ambient Air Quality Standard
(NAAQS) for certain areas in the United
States. The rule is titled ‘‘Air Quality
Designations for the 2010 Sulfur
Dioxide (SO2) Primary National
SUMMARY:
E:\FR\FM\25AUP1.SGM
25AUP1
Agencies
[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Proposed Rules]
[Pages 50574-50577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20220]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2014-0612; FRL-9915-67-Region-9]
Determination of Attainment of the 1-Hour Ozone National Ambient
Air Quality Standard in the Southeast Desert Nonattainment Area in
California
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
determine that the Southeast Desert nonattainment area has attained the
1-hour ozone National Ambient Air Quality Standard. This proposed
determination is based on complete, quality-assured, and certified data
for the most recent three-year period (2011-2013).
DATES: Any comments must arrive by September 24, 2014.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2014-0612, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions.
E-Mail: kelly.thomasp@epa.gov.
Mail or Deliver: Tom Kelly, Office of Air Planning (AIR-
2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne
Street, San Francisco, CA 94105.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
The www.regulations.gov Web site is an ``anonymous access'' system, and
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send email directly to
EPA, your email address will be automatically captured and included as
part of the public comment. If EPA cannot read your comments due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment.
Docket: The index to the docket for this action is available
electronically on
[[Page 50575]]
the www.regulations.gov Web site and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California, 94105. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material or
large maps), 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 below.
FOR FURTHER INFORMATION CONTACT: Tom Kelly, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3856,
kelly.thomasp@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
Table of Contents
I. Background
II. EPA's Analysis
III. Proposed EPA Action and Request for Public Comment
IV. Statutory and Executive Order Reviews
I. Background
The Clean Air Act (CAA or ``Act'') requires us 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 (see sections 108 and 109 of the Act). In 1979, we
promulgated an ozone NAAQS of 0.12 parts per million (ppm), one-hour
average (``1-hour ozone standard''). See 44 FR 8202, February 8, 1979.
An area is considered to have attained the 1-hour ozone standard if
there are no violations of the standard, as determined in accordance
with the regulation codified at 40 CFR section 50.9, based on three
consecutive calendar years of complete, quality-assured and certified
monitoring data. A violation occurs when the ``expected number'' of
days per calendar year with maximum hourly average concentrations above
0.12 ppm is greater than one (1.0) at any site in the area, when
averaged over three consecutive calendar years.\1\ An exceedance occurs
when the maximum hourly ozone concentration during any day exceeds
0.124 ppm. For more information, please see ``National 1-hour primary
and secondary ambient air quality standards for ozone'' (40 CFR 50.9)
and ``Interpretation of the 1-Hour Primary and Secondary National
Ambient Air Quality Standards for Ozone'' (40 CFR part 50, appendix H).
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\1\ An ``expected number'' of exceedances is a statistical term
that refers to an arithmetic average. An ``expected number'' of
exceedances may be equivalent to the number of observed exceedances
plus an increment that accounts for incomplete sampling. See, 40 CFR
part 50, appendix H. Because, in this context, the term
``exceedances'' refers to days (during which the daily maximum
hourly ozone concentration exceeded 0.124 ppm), the maximum possible
number of exceedances in a given year is 365 (or 366 in a leap
year).
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The Act, as amended in 1990, required EPA to designate as
nonattainment any ozone area that was still designated nonattainment
under the 1977 Act Amendments, and any other area violating the 1-hour
ozone standard, generally based on air quality monitoring data from the
1987 through 1989 period (section 107(d)(4) of the Act; 56 FR 56694,
November 6, 1991). The 1990 Amended Act further classified these areas,
based on the severity of their nonattainment problem, as Marginal,
Moderate, Serious, Severe, or Extreme. In response, EPA designated the
Southeast Desert Modified Air Quality Maintenance Area (AQMA)
(``Southeast Desert'') as ``Severe-17'' nonattainment for the 1-hour
ozone standard, with an attainment date no later than November 15,
2007.\2\ See 56 FR 56694, November 6, 1991. Outside of Indian country,
the Los Angeles portion of the Southeast Desert lies within the
Antelope Valley Air Quality Management District (AVAQMD), the San
Bernardino County portion of the Southeast Desert lies within the
Mojave Desert Air Quality Management District (MDAQMD), and the
Riverside County portion of the Southeast Desert lies within the South
Coast Air Quality Management District (SCAQMD).\3\
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\2\ The Southeast Desert covers the Victor Valley/Barstow region
in San Bernardino County, the Coachella Valley region in Riverside
County, and the Antelope Valley portion of Los Angeles County (see
40 CFR 81.305 for the precise boundaries of the 1-hour ozone
nonattainment area).
\3\ ``Indian country'' as defined at 18 U.S.C. 1151 refers to:
``(a) All land within the limits of any Indian reservation under the
jurisdiction of the United States Government, notwithstanding the
issuance of any patent, and, including rights-of-way running through
the reservation, (b) all dependent Indian communities within the
borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a state, and (c) all Indian allotments, the
Indian titles to which have not been extinguished, including rights-
of-way running through the same.''
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The control requirements and date by which attainment of the 1-hour
ozone 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, November 15, 1993, while Severe
and Extreme areas were subject to more stringent planning requirements
and were provided more time to attain the standard. Two measures that
are triggered if a Severe or Extreme area failed to attain the standard
by the applicable attainment date are contingency measures [section
172(c)(9)] and a major stationary source fee provision [sections
182(d)(3) and 185] (``major source fee program'' or ``section 185 fee
program'').
In 1997, EPA promulgated an 8-hour ozone standard (0.08 ppm)
(``1997 8-hour ozone standard''), 62 FR 38856 (July 18, 1997), to
replace the 1-hour ozone standard. While the 1-hour ozone standard was
revoked in 2005, we continue to determine whether areas attain, or fail
to attain, the 1-hour ozone standard because of the continued
applicability of certain 1-hour ozone control requirements in areas,
such as the Southeast Desert, that are designated as nonattainment for
the 1997 8-hour ozone standard and the connection between some of those
requirements and attainment of the 1-hour ozone standard.
In the decades since the 1990 CAA Amendments, in large part due to
decreases in upwind emissions of ozone precursors, 1-hour ozone
concentrations in the Southeast Desert have decreased substantially.
For instance, from 1990 to 2005, the number of exceedances of the
standard in the Southeast Desert decreased from 27 to 4 at the Palm
Springs monitor in Coachella Valley and from 59 to 3 at the Hesperia
monitor in Victor Valley. However, despite the improvements, upon
review of the ambient data for the three years preceding the applicable
attainment date (i.e., 2005-2007), we determined that the Southeast
Desert failed to attain the 1-hour ozone standard by the 2007 statutory
deadline. See 76 FR 82133 (December 30, 2011).
In our proposal to determine that the Southeast Desert had failed
to attain the standard, we noted that preliminary review of data from
2008 through 2010 suggested that the trend toward cleaner air in the
Southeast Desert was continuing. 76 FR 56694, at 56700 (September 14,
2011). Indeed, the trend has continued with 2010-2012 being the first
three-year period in which preliminary review of the data suggests that
the Southeast Desert attained the standard. Given the further
improvement in ozone conditions in the Southeast Desert, the California
Air Resources Board (CARB) has requested that EPA make a determination
that the Southeast Desert has attained the 1-hour
[[Page 50576]]
ozone standard.\4\ Year 2013 data is now available, and thus EPA's
action herein is based on the most recent three-year period (2011-
2013).
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\4\ See Letter from Richard W. Corey, Executive Officer, CARB,
to Jared Blumenfeld, Regional Administrator, EPA Region IX, dated
February 25, 2014.
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II. EPA's Analysis
A determination of whether an area's air quality meets the 1-hour
ozone standard is generally based upon three years of complete,\5\
quality-assured and certified air quality monitoring data gathered at
established State and Local Air Monitoring Stations (``SLAMS'') in the
nonattainment area and entered into EPA's Air Quality System (AQS)
database. Data from 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, EPA relies
primarily on data in its AQS database when determining the attainment
status of an area. See 40 CFR 50.9; 40 CFR part 50, appendix H; 40 CFR
part 53; 40 CFR part 58, appendices A, C, D and E. All data are
reviewed to determine the area's air quality status in accordance with
40 CFR part 50, appendix H.
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\5\ Generally, a ``complete'' data set for determining
attainment of the ozone is one that includes three years of data
with an average percent of days with valid monitoring data greater
than 90% with no single year less than 75%. See 40 CFR part 50,
appendix I. 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.
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Under EPA regulations at 40 CFR 50.9, the 1-hour ozone standard is
attained at a monitoring site when the expected number of days per
calendar year with maximum hourly average concentrations above 0.12 ppm
is equal to or less than 1.0, as determined by 40 CFR part 50, appendix
H.\6\
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\6\ The average number of expected exceedances is determined by
averaging the expected exceedances of the 1-hour ozone standard over
a consecutive three calendar year period. See 40 CFR part 50,
appendix H.
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The CARB is the Primary Quality Assurance Organization (PQAO)
responsible for assuring that the area meets air quality monitoring
requirements in the Los Angeles County and San Bernardino County
portions of the Southeast Desert, and the SCAQMD is the PQAO
responsible for assuring that the requirements are met in the Riverside
County portion of the Southeast Desert. The AVAQMD operates monitors in
the Los Angeles County portion of the Southeast Desert; the MDAQMD
operates monitors in the San Bernardino County portion of the Southeast
Desert; and the SCAQMD operate monitors in the Riverside County portion
of the Southeast Desert. All agencies are required to submit annual
monitoring network plans to EPA. The AVAQMD and MDAQMD monitoring
networks are included in the CARB annual network plan, while SCAQMD
submits a separate annual network plan. These plans discuss the status
of the air monitoring network, as required under 40 CFR 58.10.
With respect to the annual network plans submitted by CARB that
includes the AVAQMD and MDAQMD monitors, we have reviewed these plans
and found that they meet the applicable requirements under 40 CFR part
58.\7\ The Technical System Audit (TSA) we conducted in 2011 of the
CARB PQAO included a review of the network requirements in AVAQMD and
MDAQMD. In the TSA, we concluded that the combined ambient air
monitoring networks operated by CARB and the air districts currently
meet or exceed the requirements for the minimum number of SLAMS
monitoring sites for ozone in the Southeast Desert. Also, AVAQMD and
MDAQMD annually certify that the data submitted to AQS are quality-
assured.\8\
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\7\ See, e.g., letter from Meredith Kurpius, Manager, Air
Quality Analysis Office, EPA Region IX, to Karen Magliano, Air
Quality Data Branch, Planning and Technical Support Division, CARB,
dated May 7, 2014.
\8\ See, e.g., letters from Christopher A. Collins, Supervising
AQ Engineer, MDAQMD, to Fletcher Clover, EPA Region IX, dated May 6,
2014, certifying 2013 data from AVAQMD and MDAQMD.
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EPA has reviewed SCAQMD's plans for compliance with the applicable
requirements in 40 CFR part 58 on an annual basis. With respect to
ozone, EPA has found that the SCAQMD's network plans meet the
applicable requirements under 40 CFR part 58.\9\ Furthermore, we
concluded in our TSA of the SCAQMD network conducted during April 2010,
that the ambient air monitoring network operated by SCAQMD currently
meets or exceeds the requirements for the minimum number of SLAMS
monitoring sites for all criteria pollutants, and the ozone monitoring
sites within the Southeast Desert are properly located with respect to
monitoring objectives, spatial scales and other site criteria, as
required by 40 CFR part 58, appendix D.\10\ Also, SCAQMD annually
certifies that the data it submits to AQS are quality-assured.\11\
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\9\ See, e.g., letter from Meredith Kurpius, Manager, Air
Quality Analysis Office, Air Division, EPA Region IX, to Dr. Matt
Miyasato, Deputy Executive Officer, Science and Technology
Advancement, SCAQMD, dated March 11, 2014.
\10\ See letter from Deborah Jordan, Director, Air Division,
U.S. EPA Region IX, to Barry Wallerstein, Executive Officer, SCAQMD,
dated March 14, 2011, and enclosure titled, ``Technical System Audit
Report, South Coast Air Quality Management District, April 13-April
16, 2010.''
\11\ See, e.g., letter from Matt Miyasoto, Deputy Executive
Office, Science and Technology Advancement, SCAQMD, to Jared
Blumenfeld, Regional Administrator, EPA Region IX, dated June 27,
2014, certifying 2013 ozone data.
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There were eight ozone monitoring sites located throughout the
Southeast Desert in calendar years 2011 through 2013 that collected
data for regulatory purposes: one in Los Angeles County, two in
Riverside County, and five in San Bernardino County.\12\ All of the
sites monitor ozone concentrations on a continuous basis using Federal
Equivalent Method (FEM) monitors. AVAQMD operates the one monitor in
Los Angeles County. SCAQMD operates two in Riverside County. MDAQMD
operates four in San Bernardino County. The National Park Service
operates one monitor in San Bernardino County at Joshua Tree National
Park (Yucca Valley).\13\ Also, the National Park Service annually
certifies that the data it submits to AQS are quality-assured.\14\
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\12\ See figures 5 and 11 from CARB's State and Local Air
Monitoring Network Plan (June 2009) for illustrations of the
locations of the ozone monitors within the Southeast Desert.
\13\ The National Park Service also operates an ozone monitor in
Riverside County at Joshua Tree National Park (Cottonwood Visitor
Center; AQS ID 06-065-0008), but until recently, the monitor has not
been either a federal reference method or federal equivalent method
monitor. Thus, we are not using the data from this Cottonwood
monitor for the proposed determination of attainment.
\14\ See, e.g., letter from Kristi Morris, Program Manager,
National Park Service, to Lew Weinstock, EPA, dated April 29, 2014,
certifying 2013 ozone data.
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Table 1 summarizes the ozone monitoring data from the various
monitoring sites in the Southeast Desert, showing the expected
exceedances per year and as an average over the 2011-2013 period. The
data summarized in table 1 are considered complete for the purposes of
determining if the standard is met.\15\
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\15\ The criteria for data completeness are met at all of the
ozone monitors in the Southeast Desert over the 2011-2013 period.
[[Page 50577]]
Table 1--One-Hour Ozone Data for the Southeast Desert 1-Hour Ozone Nonattainment Area
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Expected exceedances by year Expected
------------------------------ exceedances 3-
General location Site (AQS ID) year average
2011 2012 2013 ---------------
2011-2013
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Antelope Valley/Los Angeles County..... Lancaster (06-037-9033).. 0.0 0.0 0.0 0.0
Coachella Valley/Riverside County...... Indio (06-065-2002)...... 0.0 0.0 0.0 0.0
Coachella Valley/Riverside County...... Palm Springs (06-065- 0.0 1.0 0.0 0.3
5001).
Northern portion of SE Desert AQMA/San Barstow (06-071-0001).... 0.0 0.0 0.0 0.0
Bernardino County.
SW portion of SE Desert AQMA/San Hesperia (06-071-4001)... 1.0 0.0 0.0 0.3
Bernardino County.
SW portion of SE Desert AQMA/San Phelan (06-071-0012)..... 0.0 0.0 0.0 0.0
Bernardino County.
SW portion of SE Desert AQMA/San Victorville (06-071-0306) 0.0 0.0 0.0 0.0
Bernardino County.
Joshua Tree National Park/San Yucca Valley (06-071- 0.0 0.0 0.0 0.0
Bernardino County. 9002).
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Source: AQS Quick Look Report, May 9, 2014 (in the docket to this proposed action).
Generally, the highest ozone concentrations in the Southeast Desert
occur in the far southwestern portion of the area, near mountain passes
through which pollutants are transported to the Southeast Desert from
the South Coast Air Basin. As shown in table 1, the highest three-year
average of expected exceedances at any site in the Southeast Desert for
2011-2013 is 0.3 at Palm Springs in Riverside County and Hesperia in
San Bernardino County. The calculated exceedance rate of 0.3 represents
attainment of the 1-hour ozone standard (a three-year average of
expected exceedances less than or equal to 1).
Taking into account the extent and reliability of the applicable
ozone monitoring network, and the data collected therefrom and
summarized in table 1, we propose to determine that the Southeast
Desert has attained the 1-hour ozone standard (as defined in 40 CFR
part 50, appendix H) based on the most recent three years of monitoring
data for the area (2011-2013). Data for 2014 will be reviewed prior to
our final action to ensure that it is consistent with continued
attainment of the 1-hour ozone standard in the Southeast Desert.
III. Proposed EPA Action and Request for Public Comment
EPA is proposing to determine that the Southeast Desert Area has
attained the 1-hour ozone standard based on complete, quality-assured
and certified ambient air quality monitoring data for the 2011-2013
monitoring period.
EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. We will accept comments from the
public on this proposal for the next 30 days. We will consider these
comments before taking final action.
IV. Statutory and Executive Order Reviews
This action proposes to make a determination based on air quality
data and does not impose additional requirements beyond those imposed
by state law. For that reason, this proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999); is not an
economically significant regulatory action based on health or safety
risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because it
will not impose substantial direct costs on tribal governments or
preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Dated: August 12, 2014.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2014-20220 Filed 8-22-14; 8:45 am]
BILLING CODE 6560-50-P