Determination of Attainment of the 2008 Ozone National Ambient Air Quality Standards; Eastern San Luis Obispo, California, 70382-70385 [2016-24489]

Download as PDF 70382 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules part identified within §§ 219.8 through 219.11. (c) Amendment of a plan developed or revised under a prior planning rule. (1) An amendment of a plan developed or revised under a prior planning rule is not required to bring the amended plan into compliance with all of the requirements of §§ 219.8 through 219.11. (2) If the proposed amendment would remove direction required by the prior planning regulation, the responsible official must apply the directly related requirements within §§ 219.8 through 219.11. (3) If species of conservation concern (SCC) have not been identified for the plan area, the responsible official must use the regional forester sensitive species list in lieu of SCC when applying the requirements of § 219.9(b) to a plan amendment for a plan developed or revised under a prior planning regulation. ■ 8. Amend § 219.14 as follows: ■ a. Revise the introductory text to paragraph (a); ■ b. Remove paragraph (a)(2); ■ c. Redesignate paragraphs (a)(3) through (6) as paragraphs (a)(2) through (5), respectively; ■ d. Redesignate paragraph (b) as paragraph (d) and add new paragraph (b); ■ e. Add paragraph (c). The revisions and additions read as follows: jstallworth on DSK7TPTVN1PROD with PROPOSALS § 219.14 Decision document and planning records. (a) Decision document approving a new plan, plan amendment, or revision. The responsible official shall record approval of a new plan, plan amendment, or revision in a decision document prepared according to Forest Service NEPA procedures (36 CFR part 220). The decision document must include: * * * * * (b) Decision document for a new plan or plan revision. In addition to meeting the requirements of paragraph (a) of this section, the decision document must include an explanation of how the plan components meet the sustainability requirements of § 219.8, the diversity requirements of § 219.9, the multiple use requirements of § 219.10, and the timber requirements of § 219.11; (c) Decision document for a plan amendment. In addition to meeting the requirements of paragraph (a) of this section, the decision document must explain how the responsible official determined: (1) The scope and scale of the plan amendment; and VerDate Sep<11>2014 14:00 Oct 11, 2016 Jkt 241001 (2) Which specific requirements within §§ 219.8 through 219.11 apply to the amendment and how they were applied. * * * * * Dated: October 6, 2016. Thomas L. Tidwell, Chief, Forest Service. [FR Doc. 2016–24654 Filed 10–11–16; 8:45 am] BILLING CODE 3411–15–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2016–0543 FRL–9953–91– Region 9] Determination of Attainment of the 2008 Ozone National Ambient Air Quality Standards; Eastern San Luis Obispo, California Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to determine that the San Luis Obispo County (Eastern San Luis Obispo) ozone nonattainment area (NAA) has attained the 2008 ozone National Ambient Air Quality Standards (NAAQS or ‘‘standards’’) by the applicable attainment date of July 20, 2016. This determination is based on complete, quality-assured and certified data for the 3-year period preceding that attainment date. If the determination is finalized, the Eastern San Luis Obispo NAA will not be reclassified to a higher ozone classification. SUMMARY: Any comments must arrive by November 14, 2016. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– OAR–2016–0543 at https:// www.regulations.gov, or via email to levin.nancy@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include DATES: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Nancy Levin, (415) 972–3848, or by email at levin.nancy@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. Table of Contents I. What is the background for this action? A. Ozone NAAQS, Area Designations and Classifications B. Relevant Statutory and Regulatory Requirements C. Ambient Air Quality Monitoring Data II. What is the EPA’s analysis of the relevant air quality data? A. Monitoring Network and Data Considerations B. Evaluation of the Ambient Air Quality Data III. What is the effect of this action? IV. Proposed Action and Public Comment V. Statutory and Executive Order Reviews I. What is the background for this action? A. Ozone NAAQS, Area Designations and Classifications The Clean Air Act (CAA or ‘‘Act’’) requires the EPA to establish national primary and secondary standards for certain widespread pollutants, such as ozone, that cause or contribute to air pollution that is reasonably anticipated to endanger public health or welfare.1 In the 1970s, the EPA promulgated primary and secondary ozone standards, based on a 1-hour average; and, in 1997, we replaced the 1-hour ozone standards with primary and secondary 8-hour ozone standards. In 2008, we tightened the 8-hour ozone standards to the level of 0.075 parts per million (ppm), daily 1 See sections 108 and 109 of the Act. Primary standards represent ambient air quality standards the attainment and maintenance of which the EPA has determined, including a margin of safety, are requisite to protect the public health. Secondary standards represent ambient air quality standards the attainment and maintenance of which the EPA has determined are requisite to protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollutant in the ambient air. CAA section 109(b). E:\FR\FM\12OCP1.SGM 12OCP1 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules maximum 8-hour average.2 See 73 FR 16436 (March 27, 2008); 40 CFR 50.15. Since the primary and secondary ozone standards are the same, we refer to them herein using the singular ‘‘2008 ozone standard.’’ The 2008 ozone standard is met at an ambient air quality monitoring site when the 3-year average of the annual fourth-highest daily maximum 8hour average ozone concentration is less than or equal to 0.075 ppm, as determined in accordance with 40 CFR part 50, appendix P. The EPA designated NAAs for the 2008 ozone standard on May 21, 2012, effective July 20, 2012 (77 FR 30088). In that action, the EPA classified by operation of law the eastern portion of San Luis Obispo County, CA (Eastern San Luis Obispo) NAA as ‘‘Marginal.’’ 3 The original attainment date for the 2008 ozone standard for this Marginal ozone NAA was as expeditious as practicable but not later than July 20, 2015. See 40 CFR 51.1103. In May 2016, the EPA granted the State of California a 1-year extension of the attainment date for Eastern San Luis Obispo, thereby extending the applicable attainment date for that area from July 20, 2015 to July 20, 2016.4 B. Relevant Statutory and Regulatory Requirements Section 181(b)(2)(A) of the CAA requires that within six months following the applicable attainment date, the EPA will determine whether an ozone NAA attained the ozone standard based on the area’s design value as of that date. The design value is a statistic that describes the air quality status of a given location relative to the level of the NAAQS. For the purpose of comparison with the 2008 ozone standard, the design value for a site is the 3-year average of the annual fourth highest daily maximum 8-hour average ozone concentrations. NAA and entered into the EPA Air Quality System (AQS) database. Data from ambient air monitoring sites operated by state or local agencies in compliance with EPA monitoring requirements must be submitted to AQS. Heads of monitoring agencies annually certify that these data are accurate to the best of their knowledge. Accordingly, the EPA relies primarily on data in AQS when determining the attainment status of an area. See 40 CFR 50.15; 40 CFR part 50, appendix P; 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 P. The 2008 ozone standard is met at an ambient air quality monitoring site when the design value is less than or equal to 0.075 ppm, as determined in accordance with 40 CFR part 50, appendix P. See 40 CFR 50.15. When the design value is less than or equal to 0.075 ppm (based on the rounding convention in 40 CFR part 50, appendix P) at each monitoring site within the area, then the area is meeting the NAAQS. The data completeness requirement is met when the 3-year average percent of days with valid monitoring data is at least 90%, and no single year has less than 75% data completeness as determined in accordance with 40 CFR part 50, appendix P. II. What is the EPA’s analysis of the relevant air quality data? A. Monitoring Network and Data Considerations jstallworth on DSK7TPTVN1PROD with PROPOSALS C. Ambient Air Quality Monitoring Data A determination of whether an area’s air quality meets the 2008 ozone NAAQS is generally based upon three consecutive calendar years of complete, quality-assured data measured at established State and Local Air Monitoring Stations (SLAMS) in the The California Air Resources Board (CARB) and local air pollution control districts and air quality management districts (‘‘districts’’) operate ambient air monitoring stations throughout the State of California. CARB is the lead monitoring agency in the Primary Quality Assurance Organization (PQAO) that includes all the monitoring agencies in the State with a few exceptions.5 6 There are two ozone SLAMS (referred to as the Red Hills and Carrizo Plains sites) within the Eastern San Luis Obispo ozone NAA, and the San Luis Obispo County Air Pollution 2 In 2015, we tightened the ozone standards even further and established 0.070 ppm, 8-hour average, as the new ozone NAAQS. 80 FR 65292 (October 26, 2015). While the 1979 1-hour ozone NAAQS and 1997 8-hour ozone NAAQS have been revoked, the 2008 ozone NAAQS remains in effect. 3 San Luis Obispo County is the northern-most county within the air basin designated by California as the South Central Coast Air Basin. The NAA encompasses roughly the eastern half of San Luis Obispo County. 4 81 FR 26697 (May 4, 2016). 5 PQAO means a monitoring organization, a group of monitoring organizations or other organization that is responsible for a set of stations that monitor the same pollutant and for which data quality assessments can be pooled. Each criteria pollutant sampler/monitor at a monitoring station must be associated with only one PQAO. (40 CFR 58.1). 6 The Bay Area Air Quality Management District, the South Coast Air Quality Management District and the San Diego Air Pollution Control District are each designated as the PQAO for their respective ambient air monitoring programs. VerDate Sep<11>2014 14:00 Oct 11, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 70383 Control District (SLOCAPCD) operates both sites. CARB is the PQAO for the two Eastern San Luis Obispo monitoring sites. All state and local air monitoring agencies are required to submit annual monitoring network plans to the EPA.7 An annual monitoring network plan discusses the status of the air monitoring network, as required under 40 CFR part 58.10. The SLOCAPCD submits the annual monitoring network plan for all sites in San Luis Obispo County.8 Since 2007, the EPA has regularly reviewed these annual monitoring network plans for compliance with the applicable reporting requirements in 40 CFR part 58. With respect to ozone, the EPA found that the area’s annual monitoring network plans meet the applicable requirements under 40 CFR part 58. See EPA letters to SLOCAPCD approving its annual monitoring network plans for the years 2013, 2014, and 2015.9 The EPA also concluded from its Technical System Audit (TSA) of the CARB PQAO (conducted during Summer 2015), that the combined ambient air monitoring network operated by CARB and the local air districts in its PQAO (which includes SLOCAPCD) currently meets or exceeds the requirements for the minimum number of SLAMS for the 2008 ozone standard.10 All of the monitoring sites in the PQAO are reviewed with respect to monitoring objectives, spatial scales and other site criteria as required by 40 CFR part 58, appendix D. CARB oversees the quality assurance of all data collected within the CARB PQAO. The SLOCAPCD annually certifies that the data it submits to AQS for its monitoring sites are complete and quality-assured.11 As noted above, there are two ozone SLAMS monitoring sites operating within the Eastern San Luis Obispo NAA. These sites monitor ozone concentrations on a continuous basis 7 See 40 CFR 58.10(a)(1). 2015 Monitoring Network Assessment, September 2015, pages 2–3. 9 Letters from Meredith Kurpius, Manager, Air Quality Analysis Office, EPA Region IX, to Larry Allen, Air Pollution Control Officer, SLOCAPCD, dated December 11, 2013, October 27, 2014 and October 26, 2015. 10 Letter from Elizabeth J. Adams, Acting Director, Air Division, EPA Region IX, to Richard Corey, Executive Officer, CARB, dated August 31, 2016, transmitting findings of the EPA’s 2015 TSA of the CARB’s ambient air monitoring program. 11 See, e.g., letter from Larry Allen, Air Pollution Control Officer, SLOCAPCD, to Alexis Strauss, Acting Regional Administrator, EPA Region IX, regarding 2015 Annual SLAMS Data Certification, certifying calendar year 2015 ambient air quality data and quality assurance data, April 19, 2016. 8 CARB E:\FR\FM\12OCP1.SGM 12OCP1 70384 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules using EPA reference or equivalent methods.12 Lastly, consistent with the requirements contained in 40 CFR part 50, the EPA has reviewed the qualityassured and certified ozone ambient air monitoring data, as recorded in AQS for the applicable monitoring period, collected at the monitoring sites in the Eastern San Luis Obispo NAA for completeness. The EPA has determined that the data are complete.13 For the two ozone monitoring sites in Eastern San Luis Obispo, daily maximum 8-hour average concentrations are available for at least 90% of the days within the ozone monitoring season, on average for the 2013–2015 period, and daily maximum 8-hour average concentrations are available for at least 75% of the days within the ozone monitoring season for each individual year within that period. B. Evaluation of the Ambient Air Quality Data As noted above, the applicable attainment date for the Eastern San Luis Obispo ozone NAA is July 20, 2016, and under CAA section 181(b)(2)(A), the EPA must determine whether the area attained the 2008 ozone standard by that date. To do so, we must review the ozone data for the three calendar years immediately prior to the attainment date, and, for a 2016 attainment date, the relevant years are 2013, 2014 and 2015. Table 1 shows the fourth-highest daily maximum 8-hour ozone concentrations for 2013 through 2015 at both sites in the Eastern San Luis Obispo area and shows the design values for the 2013–2015 period. The design value for a given area is based on the monitoring site with the highest design value. In this case, the design value for 2013–2015 for the Eastern San Luis Obispo ozone NAA is at the Red Hills site and is 0.073 ppm, which is less than the standard (i.e. 0.075 ppm). Therefore, we are proposing to determine, based on the complete, quality-assured and certified data for 2013–2015, that the Eastern San Luis Obispo ozone NAA has attained the 2008 ozone standard by the applicable attainment date of July 20, 2016. TABLE 1—2013–2015 OZONE DESIGN VALUES AT SITES WITHIN THE EASTERN SAN LUIS OBISPO NAA AQS Site identification No. Monitoring site Fourth-highest daily maximum 8-hour ozone concentration (ppm) 2013 Red Hills ........................................................................... Carrizo Plains ................................................................... 06–079–8005 06–079–8006 2014 0.075 0.067 Design value (2013–2015) 2015 0.073 0.068 0.072 0.068 0.073 0.067 Source: EPA AQS Quick Look Report (AMP450), August 10, 2016. jstallworth on DSK7TPTVN1PROD with PROPOSALS III. What is the effect of this action? If the EPA finalizes its proposed determination that the Eastern San Luis Obispo NAA has attained the 2008 ozone NAAQS by the applicable attainment date of July 20, 2016, the area would no longer be subject to reclassification as a Moderate area for the 2008 ozone standard. Moreover, the determination of attainment by the applicable attainment date would discharge EPA’s obligation, under CAA section 181(b)(2)(A), to determine whether this area attained the standard by its applicable attainment date. This determination of attainment would, however, not constitute a redesignation to attainment. Under CAA section 107(d)(3)(E), redesignations to attainment require states to meet a number of additional statutory criteria including EPA’s approval of a SIP revision demonstrating maintenance of the standard for 10 years after redesignation. The designation status of the Eastern San Luis Obispo area remains nonattainment for the 2008 ozone NAAQS until such time as the EPA determines that the area meets the CAA requirements for redesignation to attainment. 12 See the San Luis Obispo County APCD’s Annual Network Plan Report (July 2015). VerDate Sep<11>2014 14:00 Oct 11, 2016 Jkt 241001 IV. Proposed Action and Public Comment The EPA is proposing to determine that the Eastern San Luis Obispo ozone NAA has attained the 2008 ozone standard by the applicable attainment date of July 20, 2106, based on complete, quality-assured and certified ambient air quality monitoring data for the 2013–2015 monitoring period. If finalized as proposed, the Eastern San Luis Obispo ozone NAA will not be reclassified to a higher classification for the 2008 ozone standard. The 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. V. Statutory and Executive Order Reviews The action proposed herein is a determination based on air quality data and does not impose additional requirements beyond those imposed by state law. For that reason, the 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 the 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 13 See EPA, Air Quality System, Design Value Report, July 25, 2016. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules jstallworth on DSK7TPTVN1PROD with PROPOSALS • 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 proposed rule does not have tribal implications as specified VerDate Sep<11>2014 14:00 Oct 11, 2016 Jkt 241001 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, PO 00000 Frm 00014 Fmt 4702 Sfmt 9990 70385 Oxides of nitrogen, Ozone, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: September 28, 2016. Deborah Jordan, Acting Regional Administrator, Region IX. [FR Doc. 2016–24489 Filed 10–11–16; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\12OCP1.SGM 12OCP1

Agencies

[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Proposed Rules]
[Pages 70382-70385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24489]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0543 FRL-9953-91-Region 9]


Determination of Attainment of the 2008 Ozone National Ambient 
Air Quality Standards; Eastern San Luis Obispo, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
determine that the San Luis Obispo County (Eastern San Luis Obispo) 
ozone nonattainment area (NAA) has attained the 2008 ozone National 
Ambient Air Quality Standards (NAAQS or ``standards'') by the 
applicable attainment date of July 20, 2016. This determination is 
based on complete, quality-assured and certified data for the 3-year 
period preceding that attainment date. If the determination is 
finalized, the Eastern San Luis Obispo NAA will not be reclassified to 
a higher ozone classification.

DATES: Any comments must arrive by November 14, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0543 at https://www.regulations.gov, or via email to 
levin.nancy@epa.gov. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the Web, cloud or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, (415) 972-3848, or by 
email at levin.nancy@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

I. What is the background for this action?
    A. Ozone NAAQS, Area Designations and Classifications
    B. Relevant Statutory and Regulatory Requirements
    C. Ambient Air Quality Monitoring Data
II. What is the EPA's analysis of the relevant air quality data?
    A. Monitoring Network and Data Considerations
    B. Evaluation of the Ambient Air Quality Data
III. What is the effect of this action?
IV. Proposed Action and Public Comment
V. Statutory and Executive Order Reviews

I. What is the background for this action?

A. Ozone NAAQS, Area Designations and Classifications

    The Clean Air Act (CAA or ``Act'') requires the EPA to establish 
national primary and secondary standards for certain widespread 
pollutants, such as ozone, that cause or contribute to air pollution 
that is reasonably anticipated to endanger public health or welfare.\1\ 
In the 1970s, the EPA promulgated primary and secondary ozone 
standards, based on a 1-hour average; and, in 1997, we replaced the 1-
hour ozone standards with primary and secondary 8-hour ozone standards. 
In 2008, we tightened the 8-hour ozone standards to the level of 0.075 
parts per million (ppm), daily

[[Page 70383]]

maximum 8-hour average.\2\ See 73 FR 16436 (March 27, 2008); 40 CFR 
50.15. Since the primary and secondary ozone standards are the same, we 
refer to them herein using the singular ``2008 ozone standard.'' The 
2008 ozone standard is met at an ambient air quality monitoring site 
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.075 ppm, as 
determined in accordance with 40 CFR part 50, appendix P.
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    \1\ See sections 108 and 109 of the Act. Primary standards 
represent ambient air quality standards the attainment and 
maintenance of which the EPA has determined, including a margin of 
safety, are requisite to protect the public health. Secondary 
standards represent ambient air quality standards the attainment and 
maintenance of which the EPA has determined are requisite to protect 
the public welfare from any known or anticipated adverse effects 
associated with the presence of such air pollutant in the ambient 
air. CAA section 109(b).
    \2\ In 2015, we tightened the ozone standards even further and 
established 0.070 ppm, 8-hour average, as the new ozone NAAQS. 80 FR 
65292 (October 26, 2015). While the 1979 1-hour ozone NAAQS and 1997 
8-hour ozone NAAQS have been revoked, the 2008 ozone NAAQS remains 
in effect.
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    The EPA designated NAAs for the 2008 ozone standard on May 21, 
2012, effective July 20, 2012 (77 FR 30088). In that action, the EPA 
classified by operation of law the eastern portion of San Luis Obispo 
County, CA (Eastern San Luis Obispo) NAA as ``Marginal.'' \3\ The 
original attainment date for the 2008 ozone standard for this Marginal 
ozone NAA was as expeditious as practicable but not later than July 20, 
2015. See 40 CFR 51.1103.
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    \3\ San Luis Obispo County is the northern-most county within 
the air basin designated by California as the South Central Coast 
Air Basin. The NAA encompasses roughly the eastern half of San Luis 
Obispo County.
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    In May 2016, the EPA granted the State of California a 1-year 
extension of the attainment date for Eastern San Luis Obispo, thereby 
extending the applicable attainment date for that area from July 20, 
2015 to July 20, 2016.\4\
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    \4\ 81 FR 26697 (May 4, 2016).
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B. Relevant Statutory and Regulatory Requirements

    Section 181(b)(2)(A) of the CAA requires that within six months 
following the applicable attainment date, the EPA will determine 
whether an ozone NAA attained the ozone standard based on the area's 
design value as of that date. The design value is a statistic that 
describes the air quality status of a given location relative to the 
level of the NAAQS. For the purpose of comparison with the 2008 ozone 
standard, the design value for a site is the 3-year average of the 
annual fourth highest daily maximum 8-hour average ozone 
concentrations.

C. Ambient Air Quality Monitoring Data

    A determination of whether an area's air quality meets the 2008 
ozone NAAQS is generally based upon three consecutive calendar years of 
complete, quality-assured data measured at established State and Local 
Air Monitoring Stations (SLAMS) in the NAA and entered into the EPA Air 
Quality System (AQS) database. Data from ambient air monitoring sites 
operated by state or local agencies in compliance with EPA monitoring 
requirements must be submitted to AQS. Heads of monitoring agencies 
annually certify that these data are accurate to the best of their 
knowledge. Accordingly, the EPA relies primarily on data in AQS when 
determining the attainment status of an area. See 40 CFR 50.15; 40 CFR 
part 50, appendix P; 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 P.
    The 2008 ozone standard is met at an ambient air quality monitoring 
site when the design value is less than or equal to 0.075 ppm, as 
determined in accordance with 40 CFR part 50, appendix P. See 40 CFR 
50.15. When the design value is less than or equal to 0.075 ppm (based 
on the rounding convention in 40 CFR part 50, appendix P) at each 
monitoring site within the area, then the area is meeting the NAAQS. 
The data completeness requirement is met when the 3-year average 
percent of days with valid monitoring data is at least 90%, and no 
single year has less than 75% data completeness as determined in 
accordance with 40 CFR part 50, appendix P.

II. What is the EPA's analysis of the relevant air quality data?

A. Monitoring Network and Data Considerations

    The California Air Resources Board (CARB) and local air pollution 
control districts and air quality management districts (``districts'') 
operate ambient air monitoring stations throughout the State of 
California. CARB is the lead monitoring agency in the Primary Quality 
Assurance Organization (PQAO) that includes all the monitoring agencies 
in the State with a few exceptions.5 6 There are two ozone 
SLAMS (referred to as the Red Hills and Carrizo Plains sites) within 
the Eastern San Luis Obispo ozone NAA, and the San Luis Obispo County 
Air Pollution Control District (SLOCAPCD) operates both sites. CARB is 
the PQAO for the two Eastern San Luis Obispo monitoring sites.
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    \5\ PQAO means a monitoring organization, a group of monitoring 
organizations or other organization that is responsible for a set of 
stations that monitor the same pollutant and for which data quality 
assessments can be pooled. Each criteria pollutant sampler/monitor 
at a monitoring station must be associated with only one PQAO. (40 
CFR 58.1).
    \6\ The Bay Area Air Quality Management District, the South 
Coast Air Quality Management District and the San Diego Air 
Pollution Control District are each designated as the PQAO for their 
respective ambient air monitoring programs.
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    All state and local air monitoring agencies are required to submit 
annual monitoring network plans to the EPA.\7\ An annual monitoring 
network plan discusses the status of the air monitoring network, as 
required under 40 CFR part 58.10. The SLOCAPCD submits the annual 
monitoring network plan for all sites in San Luis Obispo County.\8\
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    \7\ See 40 CFR 58.10(a)(1).
    \8\ CARB 2015 Monitoring Network Assessment, September 2015, 
pages 2-3.
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    Since 2007, the EPA has regularly reviewed these annual monitoring 
network plans for compliance with the applicable reporting requirements 
in 40 CFR part 58. With respect to ozone, the EPA found that the area's 
annual monitoring network plans meet the applicable requirements under 
40 CFR part 58. See EPA letters to SLOCAPCD approving its annual 
monitoring network plans for the years 2013, 2014, and 2015.\9\
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    \9\ Letters from Meredith Kurpius, Manager, Air Quality Analysis 
Office, EPA Region IX, to Larry Allen, Air Pollution Control 
Officer, SLOCAPCD, dated December 11, 2013, October 27, 2014 and 
October 26, 2015.
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    The EPA also concluded from its Technical System Audit (TSA) of the 
CARB PQAO (conducted during Summer 2015), that the combined ambient air 
monitoring network operated by CARB and the local air districts in its 
PQAO (which includes SLOCAPCD) currently meets or exceeds the 
requirements for the minimum number of SLAMS for the 2008 ozone 
standard.\10\ All of the monitoring sites in the PQAO are reviewed with 
respect to monitoring objectives, spatial scales and other site 
criteria as required by 40 CFR part 58, appendix D.
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    \10\ Letter from Elizabeth J. Adams, Acting Director, Air 
Division, EPA Region IX, to Richard Corey, Executive Officer, CARB, 
dated August 31, 2016, transmitting findings of the EPA's 2015 TSA 
of the CARB's ambient air monitoring program.
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    CARB oversees the quality assurance of all data collected within 
the CARB PQAO. The SLOCAPCD annually certifies that the data it submits 
to AQS for its monitoring sites are complete and quality-assured.\11\
---------------------------------------------------------------------------

    \11\ See, e.g., letter from Larry Allen, Air Pollution Control 
Officer, SLOCAPCD, to Alexis Strauss, Acting Regional Administrator, 
EPA Region IX, regarding 2015 Annual SLAMS Data Certification, 
certifying calendar year 2015 ambient air quality data and quality 
assurance data, April 19, 2016.
---------------------------------------------------------------------------

    As noted above, there are two ozone SLAMS monitoring sites 
operating within the Eastern San Luis Obispo NAA. These sites monitor 
ozone concentrations on a continuous basis

[[Page 70384]]

using EPA reference or equivalent methods.\12\
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    \12\ See the San Luis Obispo County APCD's Annual Network Plan 
Report (July 2015).
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    Lastly, consistent with the requirements contained in 40 CFR part 
50, the EPA has reviewed the quality-assured and certified ozone 
ambient air monitoring data, as recorded in AQS for the applicable 
monitoring period, collected at the monitoring sites in the Eastern San 
Luis Obispo NAA for completeness. The EPA has determined that the data 
are complete.\13\ For the two ozone monitoring sites in Eastern San 
Luis Obispo, daily maximum 8-hour average concentrations are available 
for at least 90% of the days within the ozone monitoring season, on 
average for the 2013-2015 period, and daily maximum 8-hour average 
concentrations are available for at least 75% of the days within the 
ozone monitoring season for each individual year within that period.
---------------------------------------------------------------------------

    \13\ See EPA, Air Quality System, Design Value Report, July 25, 
2016.
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B. Evaluation of the Ambient Air Quality Data

    As noted above, the applicable attainment date for the Eastern San 
Luis Obispo ozone NAA is July 20, 2016, and under CAA section 
181(b)(2)(A), the EPA must determine whether the area attained the 2008 
ozone standard by that date. To do so, we must review the ozone data 
for the three calendar years immediately prior to the attainment date, 
and, for a 2016 attainment date, the relevant years are 2013, 2014 and 
2015. Table 1 shows the fourth-highest daily maximum 8-hour ozone 
concentrations for 2013 through 2015 at both sites in the Eastern San 
Luis Obispo area and shows the design values for the 2013-2015 period. 
The design value for a given area is based on the monitoring site with 
the highest design value. In this case, the design value for 2013-2015 
for the Eastern San Luis Obispo ozone NAA is at the Red Hills site and 
is 0.073 ppm, which is less than the standard (i.e. 0.075 ppm). 
Therefore, we are proposing to determine, based on the complete, 
quality-assured and certified data for 2013-2015, that the Eastern San 
Luis Obispo ozone NAA has attained the 2008 ozone standard by the 
applicable attainment date of July 20, 2016.

             Table 1--2013-2015 Ozone Design Values at Sites Within the Eastern San Luis Obispo NAA
----------------------------------------------------------------------------------------------------------------
                                                     Fourth-highest daily maximum 8-hour ozone
                                    AQS Site                    concentration (ppm)                Design value
        Monitoring site          identification  ------------------------------------------------   (2013-2015)
                                       No.             2013            2014            2015
----------------------------------------------------------------------------------------------------------------
Red Hills.....................       06-079-8005           0.075           0.073           0.072           0.073
Carrizo Plains................       06-079-8006           0.067           0.068           0.068           0.067
----------------------------------------------------------------------------------------------------------------
Source: EPA AQS Quick Look Report (AMP450), August 10, 2016.

III. What is the effect of this action?

    If the EPA finalizes its proposed determination that the Eastern 
San Luis Obispo NAA has attained the 2008 ozone NAAQS by the applicable 
attainment date of July 20, 2016, the area would no longer be subject 
to reclassification as a Moderate area for the 2008 ozone standard. 
Moreover, the determination of attainment by the applicable attainment 
date would discharge EPA's obligation, under CAA section 181(b)(2)(A), 
to determine whether this area attained the standard by its applicable 
attainment date. This determination of attainment would, however, not 
constitute a redesignation to attainment. Under CAA section 
107(d)(3)(E), redesignations to attainment require states to meet a 
number of additional statutory criteria including EPA's approval of a 
SIP revision demonstrating maintenance of the standard for 10 years 
after redesignation. The designation status of the Eastern San Luis 
Obispo area remains nonattainment for the 2008 ozone NAAQS until such 
time as the EPA determines that the area meets the CAA requirements for 
redesignation to attainment.

IV. Proposed Action and Public Comment

    The EPA is proposing to determine that the Eastern San Luis Obispo 
ozone NAA has attained the 2008 ozone standard by the applicable 
attainment date of July 20, 2106, based on complete, quality-assured 
and certified ambient air quality monitoring data for the 2013-2015 
monitoring period. If finalized as proposed, the Eastern San Luis 
Obispo ozone NAA will not be reclassified to a higher classification 
for the 2008 ozone standard.
    The 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.

V. Statutory and Executive Order Reviews

    The action proposed herein is a determination based on air quality 
data and does not impose additional requirements beyond those imposed 
by state law. For that reason, the 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 the 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

[[Page 70385]]

     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 proposed 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.

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

    Dated: September 28, 2016.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-24489 Filed 10-11-16; 8:45 am]
BILLING CODE 6560-50-P
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