Determination of Attainment of the 1-Hour Ozone National Ambient Air Quality Standard in the San Joaquin Valley Nonattainment Area in California, 46608-46612 [2016-16792]
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Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations
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List of Subjects in 40 CFR part 52
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■
Dated: July 7, 2016.
Ron Curry,
Regional Administrator, Region 6.
§ 52.970
*
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■ 3. Section 52.986 is amended by
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§ 52.986
quality.
Significant deterioration of air
asabaliauskas on DSK3SPTVN1PROD with RULES
4/20/2011
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PO 00000
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2016–0164; FRL–9949–07–
Region 9]
Determination of Attainment of the 1Hour Ozone National Ambient Air
Quality Standard in the San Joaquin
Valley Nonattainment Area in
California
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations
The Environmental Protection
Agency (EPA) is determining that the
San Joaquin Valley nonattainment area
has attained the 1-hour ozone National
Ambient Air Quality Standard. This
determination is based on sufficient,
quality-assured, and certified data for
the 2012–2014 period. Ozone data
collected in 2015 show continued
attainment of the standard in the San
Joaquin Valley.
DATES: This final rule is effective on
August 17, 2016.
ADDRESSES: The EPA has established a
docket for this action, identified by
Docket ID Number EPA–R09–OAR–
2016–0164. The index to the docket is
available electronically at https://
www.regulations.gov or in hard copy at
the EPA Region IX office, 75 Hawthorne
Street, San Francisco, California. 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), and
some may not be publicly available in
either location (e.g., confidential
business information). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed below.
FOR FURTHER INFORMATION CONTACT:
Anita Lee, (415) 972–3958, or by email
at lee.anita@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
SUMMARY:
Table of Contents
I. Background
II. Public Comments
III. The EPA’s Responses to Comments
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 18, 2016, the EPA proposed
to determine that the San Joaquin Valley
(‘‘Valley’’) 1-hour ozone nonattainment
area had attained the 1-hour ozone
National Ambient Air Quality Standard
(NAAQS or ‘‘standard’’) based on
sufficient, quality-assured, and certified
data from the most recent three-year
period (2012–2014).1 We noted that
preliminary data for 2015 were
consistent with continued attainment in
the San Joaquin Valley. The Valley
covers approximately 23,000 square
miles and includes all of Fresno, Kings,
Madera, Merced, San Joaquin,
Stanislaus, and Tulare counties, as well
as the western half of Kern County.2
In our proposed rule, we provided
background information on the 1-hour
ozone standard, the designations and
classifications of the San Joaquin Valley
under the Clean Air Act (CAA or ‘‘Act’’)
for the 1-hour ozone standard, and the
EPA’s prior actions related to the 1-hour
ozone standard in the Valley.3 We also
described how we determine whether
an area’s air quality meets the 1-hour
ozone standard, and identified the
relevant air monitoring agencies in the
San Joaquin Valley and their respective
ozone monitoring networks, network
plans, and annual certifications of
ambient air monitoring data.4 In our
proposed rule, we also discussed the
requests, and associated analyses,
submitted by the California Air
Resources Board (CARB) and the San
Joaquin Valley Air Pollution Control
District (‘‘District’’), that the EPA find
that the Valley has attained the 1-hour
ozone standard.5
As discussed in our proposed rule, an
area attains the 1-hour ozone standard if
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the highest three-year average of
expected exceedances is less than or
equal to 1 expected exceedance. Table 1
in our proposed rule summarized the
expected 1-hour ozone exceedances, per
year and as an average over the 2012–
2014 period, at the regulatory
monitoring sites in the San Joaquin
Valley. During the 2012–2014 period,
the highest three-year average of
expected exceedances at any site in the
Valley was 0.7 expected exceedances at
Fresno—Sierra Skypark in Fresno
County. At the time of our proposed
determination, preliminary data for
2015 was available but not yet certified.
We provided preliminary data for 2015
that showed continued attainment of the
1-hour ozone standard.6 All three
agencies operating regulatory
monitoring sites in the San Joaquin
Valley submitted their 2015 data
certifications to the EPA by May 10,
2016, shortly following the release of
our proposed rule.7
For this final action, we have repeated
our review of the 2015 data now that the
data have been certified to confirm that
the data are consistent with continued
attainment of the 1-hour ozone standard
in the San Joaquin Valley. In Table 1
below, we supplement the
corresponding table from our proposed
rule with 2015 data. As shown in Table
1 below, the highest three-year average
of expected exceedances at any site in
the Valley for 2013–2015 was 0.4, at
Fresno—Sierra Skypark in Fresno
County. Based on complete, qualityassured, and certified data, the expected
exceedances in Table 1 indicate
continued attainment of the 1-hour
ozone standard in the SJV over 2013–
2015.8
TABLE 1—ONE-HOUR OZONE DATA FOR THE SAN JOAQUIN VALLEY ONE-HOUR OZONE NONATTAINMENT AREA1
Expected exceedances
by year
Site (AQS ID)
2012
2013
Expected exceedances
3-yr average
2014
2015
2012–2014
2013–2015
FRESNO COUNTY:
Clovis—Villa (06–019–5001) ...................
1 See
81 FR 31206 (May 18, 2016).
40 CFR 81.305.
3 See 81 FR 31206 at 31207 (May 18, 2016).
4 Id. at 31208–31210.
5 Id. at 31208.
6 Id. at 31209, Table 1, footnote 1 citing to
Quicklook Reports providing ambient air quality
data from 2012–2015 in the docket for this action.
7 The Regional Administrator for the EPA Region
9 office signed the proposed rule on May 3, 2016,
and it was published in the Federal Register on
May 18, 2016. The California Air Resources Board,
the District, and the National Park Service all
2 See
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submitted their 2015 data certifications by May 10,
2016. See (1) letter from Ravi Ramalingam, Chief,
Consumer Products and Air Quality Assessment
Branch, Air Quality Planning and Science Division,
CARB, to Elizabeth Adams, Acting Director, Air
Division, EPA Region IX, certifying calendar year
2015 ambient air quality data and quality assurance
data, dated May 10, 2016; (2) letter from Jon
Klassen, Program Manager, SJVAPCD, to Deborah
Jordan, Director, Air Division, EPA Region IX,
certifying calendar year 2015 ambient air quality
data and quality assurance data, dated May 9, 2016;
and (3) letter from Barkley Sive, Program Manager,
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0.0
0.0
0.0
NPS, to Lew Weinstock, EPA, certifying 2015 ozone
data, dated April 27, 2016.
8 As discussed in our proposed rule, a ‘‘complete’’
data set for determining attainment of the ozone
standard is generally one that includes three years
of data with an average percent of days with valid
monitoring data greater than 90 percent with no
single year less than 75 percent. The 2013–2015
data summarized in Table 1 from all of the
regulatory sites meet this criterion. See June 20,
2016 spreadsheet titled ‘‘20160620_QLRpt_SJV_
1hrO3_2012–2015.xlsx,’’ in the docket for this final
action.
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TABLE 1—ONE-HOUR OZONE DATA FOR THE SAN JOAQUIN VALLEY ONE-HOUR OZONE NONATTAINMENT AREA1—
Continued
Expected exceedances
by year
Site (AQS ID)
2012
Fresno—Drummond Street (06–019–
0007) ....................................................
Fresno—Garland (06–019–0011) ............
Fresno—Sierra Skypark (06–019–0242)
Parlier (06–019–4001) .............................
Tranquility (06–019–2009) .......................
2013
Expected exceedances
3-yr average
2014
2015
2012–2014
1.0
1.0
1.0
1.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
1.1
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
0.0
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
0.0
0.0
0.0
0.0
Madera—Pump Yard (06–039–0004) ......
0.0
0.0
Madera—City (06–039–2010) ..................
0.0
2013–2015
0.3
0.3
0.7
0.3
0.0
0.3
0.0
0.4
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
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
0.0
Stockton—Hazelton (06–077–1002) ........
0.0
0.0
0.0
0.0
0.0
0.0
Tracy—Airport (06–077–3005) ................
0.0
0.0
0.0
0.0
0.0
0.0
Modesto—14th Street (06–099–0005) ....
0.0
0.0
0.0
0.0
0.0
0.0
Turlock (06–099–0006) ............................
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
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
KERN COUNTY:
Arvin—Di Giorgio (06–029–5002) ............
Bakersfield—Muni (06–029–2012) ..........
Bakersfield—California (06–029–0014) ...
Edison (06–029–0007) .............................
Maricopa (06–029–0008) .........................
Oildale (06–029–0232) ............................
Shafter (06–029–6001) ............................
2 0.0
KINGS COUNTY:
Hanford—Irwin (06–031–1004) ................
MADERA COUNTY:
MERCED COUNTY:
Merced—Coffee (06–047–0003) .............
SAN JOAQUIN COUNTY:
STANISLAUS COUNTY:
TULARE COUNTY:
Porterville (06–107–2010) ........................
Sequoia National Park—Ash Mountain
(06–107–0009) .....................................
Visalia—Church Street (06–107–2002) ...
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1 Source: Quicklook Report, ‘‘20160620_QLRpt_SJV_1hrO3_2012–2015.pdf,’’ June 20, 2016; and ‘‘20160620_QLRpt_SJV_1hrO3_2012–
2015.xlsx,’’ June 20, 2016 (in the docket for this final action).
2 Based on CARB’s missing data analysis for this site, at most one exceedance could have been recorded during the first half of 2012 if the
site had been operational during that period. Assuming such an exceedance had occurred, the 3-year average of expected exceedances for the
2012–2014 period at the Bakersfield-Municipal Airport site would have been 0.3, which is less than the corresponding value at Fresno—Sierra
Skypark (0.7) and less than the NAAQS.
We proposed to determine that the
San Joaquin Valley has attained the 1hour ozone standard based on our
analysis of the ambient air quality data,
as well as our review of 1-hour ozone
trends in the Valley, data completeness,
and the adequacy of the ozone
monitoring network.9 We noted that if
we finalize the proposed determination,
to the extent not already fulfilled, the
requirements for the state to submit
attainment demonstrations and
associated reasonably available control
measures, reasonable further progress
9 See 81 FR 31206, at 31208–31211 (May 18,
2016).
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plans, contingency measures for failure
to attain or make reasonable progress
and other plans related to attainment of
the 1-hour ozone standard for San
Joaquin Valley shall be suspended until
such time as the area is redesignated as
attainment for the current ozone
NAAQS or a redesignation substitute for
the 1-hour ozone standard is approved,
at which time the requirements no
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longer apply.10 If, however, prior to
such redesignation or approval of such
redesignation substitute, the EPA
determines that San Joaquin Valley has
violated the 1-hour ozone NAAQS, then
the area is again required to submit such
attainment-related plans.11
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II. Public Comments
We solicited comment on the
proposed determination of attainment
and opened a 30-day public comment
period. The comment period closed on
June 17, 2016. During the comment
period, we received a comment from a
member of the public in support of the
proposal, and a comment letter from the
Western States Petroleum Association
(WSPA). WSPA also expressed support
for the proposed attainment
determination but recommended
concurrent revocation of the District’s
penalty fee rule based on the District’s
demonstration that the attainment of the
1-hour ozone standard is due to
permanent and enforceable emissions
reductions and based on the sunset
clause in the penalty fee rule itself. We
respond to WSPA’s comment in the
following section of this document.
III. The EPA’s Responses to Public
Comments
In our proposed rule, we noted that in
addition to the request for a clean data
determination, the District provided
documentation in its staff report
intending to support a finding that
attainment of the 1-hour ozone standard
is due to permanent and enforceable
emission reductions. As discussed in
our proposed rule, the EPA’s final
implementation rule for the 2008 ozone
standard established a mechanism,
referred to as a ‘‘redesignation
substitute,’’ through which an area may
shift to contingency status those
requirements, such as penalty fee
program requirements under CAA
section 185, to which an area had
remained subject under the EPA’s antibacksliding regulations governing the
transition from revoked ozone standards
(such as the 1-hour ozone standard) to
current ozone standards.
To invoke the redesignation
substitute, a state must submit two
things: (1) A demonstration that the area
has attained the revoked ozone NAAQS
due to permanent and enforceable
emission reductions, and (2) a
demonstration that the area will
maintain the revoked NAAQS for 10
years from the date of the EPA’s
approval of this showing.12 The District
10 See
40 CFR 51.1118.
11 Id.
12 40
CFR 51.1105(b).
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submitted the first required
demonstration to the EPA but did not
submit the second required component
of the redesignation substitute
mechanism, i.e., the demonstration that
the area will maintain the 1-hour ozone
standard for 10 years. Because neither
the state nor the District has submitted
a complete demonstration required to
invoke the redesignation substitute
mechanism, we stated in our proposed
rule that action on a single element (i.e.,
the demonstration of attainment due to
permanent and enforceable emissions
reductions) was not appropriate without
the second required element (i.e., the
10-year maintenance demonstration).
When the state submits a demonstration
that the San Joaquin Valley will
maintain the 1-hour ozone standard for
10 years, we will review and consider
whether both demonstrations together
meet the requirements of the
redesignation substitute mechanism for
the 1-hour ozone standard.
Moreover, we note that the District’s
penalty fee rule does not automatically
sunset upon the EPA’s final
determination of attainment for the 1hour ozone standard. The penalty fee
rule (i.e., District Rule 3170 (‘‘Federally
Mandated Ozone Nonattainment Fee’’)
provides, in relevant part:
‘‘The fees established by this rule shall
cease to be applicable when the San Joaquin
Valley Air Basin (SJVAB) has met the
revoked federal one-hour ambient air quality
standard for ozone.
For the purposes of this rule, the San
Joaquin Valley Air Basin shall have met the
revoked federal one-hour ambient air quality
standard for ozone upon EPA’s
determination, through notice-and-comment
rulemaking, of concurrence with a
demonstration by the APCO and the
California Air Resources Board that the
average number of days per calendar year
with maximum hourly average concentration
above 0.12 ppm is less than or equal to one
(1), for each monitor. To make this
demonstration, the APCO will, using all
available quality assured monitoring data,
calculate at each monitor the average number
of days over the standard per year during a
three-year period according to the procedures
found in 40 CFR part 50 Appendix H, and
show that the improvement in air quality is
due to permanent and enforceable emissions
reductions.’’
Thus, under the terms of the penalty
fee rule, the fee provisions do not sunset
simply upon the EPA’s determination of
attainment of the 1-hour ozone
standard. The EPA’s concurrence on the
demonstration that attainment of the
standard is due to permanent and
enforceable emissions reductions is also
a prerequisite to triggering the sunset
clause. While the District has submitted
such a demonstration, we indicated in
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our proposed rule and reiterate above
that we are taking no action on the
District’s demonstration at this time. We
will consider the District’s
demonstration in a separate rulemaking
if and when it is supplemented with the
10-year maintenance demonstration
element also needed to invoke the
redesignation substitute mechanism in
40 CFR 51.1105(b).
IV. Final Action
Based on the analyses in our proposed
rule of ambient air quality data, 1-hour
ozone trends in the Valley, and the
adequacy of the monitoring network in
the Valley, as well as our review of 2015
data in this final rule indicating
continued attainment of the standard,
we are taking final action to determine
that the San Joaquin Valley
nonattainment area has attained the 1hour ozone standard. This
determination is based on sufficient,
quality-assured, and certified data for
the period 2012–2014.
V. Statutory and Executive Order
Reviews
This action finalizes a determination
based on air quality data and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this final 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
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application of those requirements would
be inconsistent with the CAA; and,
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this final clean data
determination does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000) because the SIP obligations
discussed herein do not apply to Indian
Tribes, and thus 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. The 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 September 16,
2016. 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,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
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Dated: June 30, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
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 (h) to read as follows:
■
§ 52.282
Ozone
Control strategy and regulations:
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*
*
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*
(h) Determination of attainment. EPA
has determined that, as of August 17,
2016, the San Joaquin Valley 1-hour
ozone nonattainment area has attained
the 1-hour ozone standard, based upon
sufficient, quality-assured and certified
ambient air quality monitoring data for
2012–2014.
[FR Doc. 2016–16792 Filed 7–15–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2016–0051; FRL—9949–
18–Region 10]
Extension of the Attainment Date for
the Oakridge, Oregon 24-hour PM2.5
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing its decision
to grant a 1-year extension of the
attainment date for the Oakridge,
Oregon nonattainment area to meet the
2006 24-hour PM2.5 NAAQS from
December 31, 2015 to December 31,
2016, on the basis that the State has met
the criteria for such an extension under
the Clean Air Act (CAA).
DATES: This final rule is effective August
17, 2016.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R10–OAR–2016–0051. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
SUMMARY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
e.g., Confidential Business Information
(CBI) or other information the disclosure
of which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Planning Unit, Office of Air and
Waste, EPA Region 10, 1200 Sixth
Avenue, Seattle, WA 98101. The EPA
requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8:00 a.m. to
4:00 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information please contact Justin
Spenillo at (206) 553–6125,
spenillo.justin@epa.gov or by using the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Statutory and Executive Orders Review
I. Background Information
On May 18, 2016, the EPA proposed
to grant a 1-year extension of the
attainment date for the Oakridge,
Oregon nonattainment area to meet the
2006 24-hour PM2.5 NAAQS from
December 31, 2015 to December 31,
2016, on the basis that the State has met
the criteria for such an extension under
the CAA (81 FR 31202). An explanation
of the CAA requirements, a detailed
analysis of the submittal, and the EPA’s
reasons for proposing approval were
provided in the notice of proposed
rulemaking, and will not be restated
here. The public comment period for
this proposed rule ended on June 17,
2016. The EPA received no comments
on the proposal.
II. Final Action
The EPA finds that the State has met
the criteria for receiving a 1-year
extension to the Moderate area
attainment date for the 2006 PM2.5
NAAQS for the Oakridge NAA as
provided in section 188(d) of the Act.
The State is implementing the
requirements and commitments in the
applicable attainment plan for the PM2.5
NAAQS in the area, and the 98th
percentile 24-hour PM2.5 air quality
value for 2015 is below 35 mg/m3.
Accordingly, the State has established
that it meets the criteria of section
188(d) as the EPA interprets those
requirements for purposes of the 2006
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Pages 46608-46612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16792]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2016-0164; FRL-9949-07-Region 9]
Determination of Attainment of the 1-Hour Ozone National Ambient
Air Quality Standard in the San Joaquin Valley Nonattainment Area in
California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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[[Page 46609]]
SUMMARY: The Environmental Protection Agency (EPA) is determining that
the San Joaquin Valley nonattainment area has attained the 1-hour ozone
National Ambient Air Quality Standard. This determination is based on
sufficient, quality-assured, and certified data for the 2012-2014
period. Ozone data collected in 2015 show continued attainment of the
standard in the San Joaquin Valley.
DATES: This final rule is effective on August 17, 2016.
ADDRESSES: The EPA has established a docket for this action, identified
by Docket ID Number EPA-R09-OAR-2016-0164. The index to the docket is
available electronically at https://www.regulations.gov or in hard copy
at the EPA Region IX office, 75 Hawthorne Street, San Francisco,
California. 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), and some may not be publicly
available in either location (e.g., confidential business information).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed below.
FOR FURTHER INFORMATION CONTACT: Anita Lee, (415) 972-3958, or by email
at lee.anita@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. Background
II. Public Comments
III. The EPA's Responses to Comments
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background
On May 18, 2016, the EPA proposed to determine that the San Joaquin
Valley (``Valley'') 1-hour ozone nonattainment area had attained the 1-
hour ozone National Ambient Air Quality Standard (NAAQS or
``standard'') based on sufficient, quality-assured, and certified data
from the most recent three-year period (2012-2014).\1\ We noted that
preliminary data for 2015 were consistent with continued attainment in
the San Joaquin Valley. The Valley covers approximately 23,000 square
miles and includes all of Fresno, Kings, Madera, Merced, San Joaquin,
Stanislaus, and Tulare counties, as well as the western half of Kern
County.\2\
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\1\ See 81 FR 31206 (May 18, 2016).
\2\ See 40 CFR 81.305.
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In our proposed rule, we provided background information on the 1-
hour ozone standard, the designations and classifications of the San
Joaquin Valley under the Clean Air Act (CAA or ``Act'') for the 1-hour
ozone standard, and the EPA's prior actions related to the 1-hour ozone
standard in the Valley.\3\ We also described how we determine whether
an area's air quality meets the 1-hour ozone standard, and identified
the relevant air monitoring agencies in the San Joaquin Valley and
their respective ozone monitoring networks, network plans, and annual
certifications of ambient air monitoring data.\4\ In our proposed rule,
we also discussed the requests, and associated analyses, submitted by
the California Air Resources Board (CARB) and the San Joaquin Valley
Air Pollution Control District (``District''), that the EPA find that
the Valley has attained the 1-hour ozone standard.\5\
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\3\ See 81 FR 31206 at 31207 (May 18, 2016).
\4\ Id. at 31208-31210.
\5\ Id. at 31208.
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As discussed in our proposed rule, an area attains the 1-hour ozone
standard if the highest three-year average of expected exceedances is
less than or equal to 1 expected exceedance. Table 1 in our proposed
rule summarized the expected 1-hour ozone exceedances, per year and as
an average over the 2012-2014 period, at the regulatory monitoring
sites in the San Joaquin Valley. During the 2012-2014 period, the
highest three-year average of expected exceedances at any site in the
Valley was 0.7 expected exceedances at Fresno--Sierra Skypark in Fresno
County. At the time of our proposed determination, preliminary data for
2015 was available but not yet certified. We provided preliminary data
for 2015 that showed continued attainment of the 1-hour ozone
standard.\6\ All three agencies operating regulatory monitoring sites
in the San Joaquin Valley submitted their 2015 data certifications to
the EPA by May 10, 2016, shortly following the release of our proposed
rule.\7\
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\6\ Id. at 31209, Table 1, footnote 1 citing to Quicklook
Reports providing ambient air quality data from 2012-2015 in the
docket for this action.
\7\ The Regional Administrator for the EPA Region 9 office
signed the proposed rule on May 3, 2016, and it was published in the
Federal Register on May 18, 2016. The California Air Resources
Board, the District, and the National Park Service all submitted
their 2015 data certifications by May 10, 2016. See (1) letter from
Ravi Ramalingam, Chief, Consumer Products and Air Quality Assessment
Branch, Air Quality Planning and Science Division, CARB, to
Elizabeth Adams, Acting Director, Air Division, EPA Region IX,
certifying calendar year 2015 ambient air quality data and quality
assurance data, dated May 10, 2016; (2) letter from Jon Klassen,
Program Manager, SJVAPCD, to Deborah Jordan, Director, Air Division,
EPA Region IX, certifying calendar year 2015 ambient air quality
data and quality assurance data, dated May 9, 2016; and (3) letter
from Barkley Sive, Program Manager, NPS, to Lew Weinstock, EPA,
certifying 2015 ozone data, dated April 27, 2016.
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For this final action, we have repeated our review of the 2015 data
now that the data have been certified to confirm that the data are
consistent with continued attainment of the 1-hour ozone standard in
the San Joaquin Valley. In Table 1 below, we supplement the
corresponding table from our proposed rule with 2015 data. As shown in
Table 1 below, the highest three-year average of expected exceedances
at any site in the Valley for 2013-2015 was 0.4, at Fresno--Sierra
Skypark in Fresno County. Based on complete, quality-assured, and
certified data, the expected exceedances in Table 1 indicate continued
attainment of the 1-hour ozone standard in the SJV over 2013-2015.\8\
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\8\ As discussed in our proposed rule, a ``complete'' data set
for determining attainment of the ozone standard is generally one
that includes three years of data with an average percent of days
with valid monitoring data greater than 90 percent with no single
year less than 75 percent. The 2013-2015 data summarized in Table 1
from all of the regulatory sites meet this criterion. See June 20,
2016 spreadsheet titled ``20160620_QLRpt_SJV_1hrO3_2012-2015.xlsx,''
in the docket for this final action.
Table 1--One-Hour Ozone Data for the San Joaquin Valley One-Hour Ozone Nonattainment Area\1\
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Expected exceedances by year Expected exceedances 3-yr
---------------------------------------------------------------- average
Site (AQS ID) -------------------------------
2012 2013 2014 2015 2012-2014 2013-2015
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FRESNO COUNTY:
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Clovis--Villa (06-019-5001)............................. 0.0 0.0 0.0 0.0 0.0 0.0
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[[Page 46610]]
Fresno--Drummond Street (06-019-0007)................... 1.0 0.0 0.0 1.0 0.3 0.3
Fresno--Garland (06-019-0011)........................... 1.0 0.0 0.0 0.0 0.3 0.0
Fresno--Sierra Skypark (06-019-0242).................... 1.0 0.0 1.1 0.0 0.7 0.4
Parlier (06-019-4001)................................... 1.0 0.0 0.0 0.0 0.3 0.0
Tranquility (06-019-2009)............................... 0.0 0.0 0.0 0.0 0.0 0.0
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KERN COUNTY:
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Arvin--Di Giorgio (06-029-5002)......................... 0.0 0.0 0.0 0.0 0.0 0.0
Bakersfield--Muni (06-029-2012)......................... 0.0 0.0 0.0 0.0 \2\ 0.0 0.0
Bakersfield--California (06-029-0014)................... 0.0 0.0 0.0 0.0 0.0 0.0
Edison (06-029-0007).................................... 0.0 0.0 0.0 0.0 0.0 0.0
Maricopa (06-029-0008).................................. 0.0 0.0 0.0 0.0 0.0 0.0
Oildale (06-029-0232)................................... 0.0 0.0 0.0 0.0 0.0 0.0
Shafter (06-029-6001)................................... 0.0 0.0 0.0 0.0 0.0 0.0
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KINGS COUNTY:
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Hanford--Irwin (06-031-1004)............................ 0.0 0.0 0.0 0.0 0.0 0.0
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MADERA COUNTY:
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Madera--Pump Yard (06-039-0004)......................... 0.0 0.0 0.0 0.0 0.0 0.0
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Madera--City (06-039-2010).............................. 0.0 0.0 0.0 0.0 0.0 0.0
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MERCED COUNTY:
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Merced--Coffee (06-047-0003)............................ 0.0 0.0 0.0 0.0 0.0 0.0
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SAN JOAQUIN COUNTY:
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Stockton--Hazelton (06-077-1002)........................ 0.0 0.0 0.0 0.0 0.0 0.0
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Tracy--Airport (06-077-3005)............................ 0.0 0.0 0.0 0.0 0.0 0.0
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STANISLAUS COUNTY:
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Modesto--14th Street (06-099-0005)...................... 0.0 0.0 0.0 0.0 0.0 0.0
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Turlock (06-099-0006)................................... 0.0 0.0 0.0 0.0 0.0 0.0
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TULARE COUNTY:
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Porterville (06-107-2010)............................... 0.0 0.0 0.0 0.0 0.0 0.0
Sequoia National Park--Ash Mountain (06-107-0009)....... 0.0 0.0 0.0 0.0 0.0 0.0
Visalia--Church Street (06-107-2002).................... 0.0 0.0 0.0 0.0 0.0 0.0
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\1\ Source: Quicklook Report, ``20160620_QLRpt_SJV_1hrO3_2012-2015.pdf,'' June 20, 2016; and ``20160620_QLRpt_SJV_1hrO3_2012-2015.xlsx,'' June 20, 2016
(in the docket for this final action).
\2\ Based on CARB's missing data analysis for this site, at most one exceedance could have been recorded during the first half of 2012 if the site had
been operational during that period. Assuming such an exceedance had occurred, the 3-year average of expected exceedances for the 2012-2014 period at
the Bakersfield-Municipal Airport site would have been 0.3, which is less than the corresponding value at Fresno--Sierra Skypark (0.7) and less than
the NAAQS.
We proposed to determine that the San Joaquin Valley has attained
the 1-hour ozone standard based on our analysis of the ambient air
quality data, as well as our review of 1-hour ozone trends in the
Valley, data completeness, and the adequacy of the ozone monitoring
network.\9\ We noted that if we finalize the proposed determination, to
the extent not already fulfilled, the requirements for the state to
submit attainment demonstrations and associated reasonably available
control measures, reasonable further progress plans, contingency
measures for failure to attain or make reasonable progress and other
plans related to attainment of the 1-hour ozone standard for San
Joaquin Valley shall be suspended until such time as the area is
redesignated as attainment for the current ozone NAAQS or a
redesignation substitute for the 1-hour ozone standard is approved, at
which time the requirements no
[[Page 46611]]
longer apply.\10\ If, however, prior to such redesignation or approval
of such redesignation substitute, the EPA determines that San Joaquin
Valley has violated the 1-hour ozone NAAQS, then the area is again
required to submit such attainment-related plans.\11\
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\9\ See 81 FR 31206, at 31208-31211 (May 18, 2016).
\10\ See 40 CFR 51.1118.
\11\ Id.
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II. Public Comments
We solicited comment on the proposed determination of attainment
and opened a 30-day public comment period. The comment period closed on
June 17, 2016. During the comment period, we received a comment from a
member of the public in support of the proposal, and a comment letter
from the Western States Petroleum Association (WSPA). WSPA also
expressed support for the proposed attainment determination but
recommended concurrent revocation of the District's penalty fee rule
based on the District's demonstration that the attainment of the 1-hour
ozone standard is due to permanent and enforceable emissions reductions
and based on the sunset clause in the penalty fee rule itself. We
respond to WSPA's comment in the following section of this document.
III. The EPA's Responses to Public Comments
In our proposed rule, we noted that in addition to the request for
a clean data determination, the District provided documentation in its
staff report intending to support a finding that attainment of the 1-
hour ozone standard is due to permanent and enforceable emission
reductions. As discussed in our proposed rule, the EPA's final
implementation rule for the 2008 ozone standard established a
mechanism, referred to as a ``redesignation substitute,'' through which
an area may shift to contingency status those requirements, such as
penalty fee program requirements under CAA section 185, to which an
area had remained subject under the EPA's anti-backsliding regulations
governing the transition from revoked ozone standards (such as the 1-
hour ozone standard) to current ozone standards.
To invoke the redesignation substitute, a state must submit two
things: (1) A demonstration that the area has attained the revoked
ozone NAAQS due to permanent and enforceable emission reductions, and
(2) a demonstration that the area will maintain the revoked NAAQS for
10 years from the date of the EPA's approval of this showing.\12\ The
District submitted the first required demonstration to the EPA but did
not submit the second required component of the redesignation
substitute mechanism, i.e., the demonstration that the area will
maintain the 1-hour ozone standard for 10 years. Because neither the
state nor the District has submitted a complete demonstration required
to invoke the redesignation substitute mechanism, we stated in our
proposed rule that action on a single element (i.e., the demonstration
of attainment due to permanent and enforceable emissions reductions)
was not appropriate without the second required element (i.e., the 10-
year maintenance demonstration). When the state submits a demonstration
that the San Joaquin Valley will maintain the 1-hour ozone standard for
10 years, we will review and consider whether both demonstrations
together meet the requirements of the redesignation substitute
mechanism for the 1-hour ozone standard.
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\12\ 40 CFR 51.1105(b).
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Moreover, we note that the District's penalty fee rule does not
automatically sunset upon the EPA's final determination of attainment
for the 1-hour ozone standard. The penalty fee rule (i.e., District
Rule 3170 (``Federally Mandated Ozone Nonattainment Fee'') provides, in
relevant part:
``The fees established by this rule shall cease to be applicable
when the San Joaquin Valley Air Basin (SJVAB) has met the revoked
federal one-hour ambient air quality standard for ozone.
For the purposes of this rule, the San Joaquin Valley Air Basin
shall have met the revoked federal one-hour ambient air quality
standard for ozone upon EPA's determination, through notice-and-
comment rulemaking, of concurrence with a demonstration by the APCO
and the California Air Resources Board that the average number of
days per calendar year with maximum hourly average concentration
above 0.12 ppm is less than or equal to one (1), for each monitor.
To make this demonstration, the APCO will, using all available
quality assured monitoring data, calculate at each monitor the
average number of days over the standard per year during a three-
year period according to the procedures found in 40 CFR part 50
Appendix H, and show that the improvement in air quality is due to
permanent and enforceable emissions reductions.''
Thus, under the terms of the penalty fee rule, the fee provisions
do not sunset simply upon the EPA's determination of attainment of the
1-hour ozone standard. The EPA's concurrence on the demonstration that
attainment of the standard is due to permanent and enforceable
emissions reductions is also a prerequisite to triggering the sunset
clause. While the District has submitted such a demonstration, we
indicated in our proposed rule and reiterate above that we are taking
no action on the District's demonstration at this time. We will
consider the District's demonstration in a separate rulemaking if and
when it is supplemented with the 10-year maintenance demonstration
element also needed to invoke the redesignation substitute mechanism in
40 CFR 51.1105(b).
IV. Final Action
Based on the analyses in our proposed rule of ambient air quality
data, 1-hour ozone trends in the Valley, and the adequacy of the
monitoring network in the Valley, as well as our review of 2015 data in
this final rule indicating continued attainment of the standard, we are
taking final action to determine that the San Joaquin Valley
nonattainment area has attained the 1-hour ozone standard. This
determination is based on sufficient, quality-assured, and certified
data for the period 2012-2014.
V. Statutory and Executive Order Reviews
This action finalizes a determination based on air quality data and
does not impose additional requirements beyond those imposed by state
law. For that reason, this final 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
[[Page 46612]]
application of those requirements would be inconsistent with the CAA;
and,
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this final clean data determination does not have
tribal implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000) because the SIP obligations discussed herein do not
apply to Indian Tribes, and thus 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. The 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 September 16, 2016. 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, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Dated: June 30, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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 (h) to read as
follows:
Sec. 52.282 Control strategy and regulations: Ozone
* * * * *
(h) Determination of attainment. EPA has determined that, as of
August 17, 2016, the San Joaquin Valley 1-hour ozone nonattainment area
has attained the 1-hour ozone standard, based upon sufficient, quality-
assured and certified ambient air quality monitoring data for 2012-
2014.
[FR Doc. 2016-16792 Filed 7-15-16; 8:45 am]
BILLING CODE 6560-50-P
