[Federal Register Volume 74, Number 183 (Wednesday, September 23, 2009)]
[Proposed Rules]
[Pages 48495-48498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22933]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0188; FRL-8960-6]


Determination of Attainment of the 1997 8-Hour Ozone Standard for 
Imperial County, CA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to determine that the Imperial County, 
California moderate 8-hour ozone nonattainment area has attained the 
1997 8-hour National Ambient Air Quality Standard (NAAQS) for ozone. 
The State of California has requested this determination, which is 
based upon three years of certified ambient air monitoring data that 
show the area has monitored attainment of the 8-hour ozone NAAQS since 
the 2006-2008 monitoring period. If this proposed determination is made 
final, the requirements for the State to submit certain reasonable 
further progress requirements, an attainment demonstration, contingency 
measures and other planning requirements of the Clean Air Act related 
to attainment of the 1997 8-hour ozone NAAQS shall be suspended for so 
long as the area continues to attain the 8-hour ozone NAAQS.

DATES: Comments must be received on or before October 23, 2009. Public 
comments on this action are requested and will be considered before 
taking final action.

[[Page 48496]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2009-0188, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the online instructions 
for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#b7c3d6cf99c0ded2d9dcd2f7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="d0a4b1a8fea7b9b5bebbb590b5a0b1feb7bfa6">[email protected]</span></a>.
    <bullet> Fax: 415-947-3579.
    <bullet> Mail: Wienke Tax, Air Planning Office, Environmental 
Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    <bullet> Hand Delivery: Marty Robin, Air Planning Office, 
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105-3901. Such deliveries are only accepted during the 
Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 8 to 4:55 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2009-0188. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office, 
Environmental Protection Agency, Region 9, (415) 947-4192, 
<a href="/cdn-cgi/l/email-protection#9eeaffe6b0e9f7fbf0f5fbdefbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="d2a6b3aafca5bbb7bcb9b792b7a2b3fcb5bda4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. What Action Is EPA Proposing to Take?
II. What Is the Effect of This Action?
III. What Is the Background for This Action?
IV. What Is EPA's Analysis of the Relevant Air Quality Data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Proposing to Take?

    EPA is proposing to determine that the Imperial County moderate 8-
hour ozone nonattainment area in California has attained the 1997 8-
hour National Ambient Air Quality Standard (NAAQS) for ozone. This 
determination is based upon three years of certified ambient air 
monitoring data that show that the area has monitored attainment of the 
8-hour ozone NAAQS of 0.08 parts per million (ppm) since the 2006-2008 
monitoring period. Quality controlled and quality assured ozone data 
for 2009 that are available in the EPA Air Quality System (AQS) 
database, but not yet certified, also show that the area continues to 
attain the 8-hour ozone NAAQS.\1\
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    \1\ See AQS Quicklook Report dated August 24, 2009 in the docket 
for today's action.
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II. What Is the Effect of This Action?

    If this determination is made final, under the provisions of EPA's 
ozone implementation rule (40 CFR section 51.918), the requirements for 
the State to submit certain reasonable further progress requirements, 
an attainment demonstration, and contingency measures under section 
172(c)(9) of the Clean Air Act (CAA) and any other planning State 
Implementation Plans (SIPs) related to attainment of the 1997 8-hour 
ozone NAAQS in Imperial County will be suspended for so long as the 
area continues to attain the ozone NAAQS. This finding does not address 
the 2008 8-hour ozone standard of 0.075 ppm, which EPA promulgated on 
March 12, 2008 (see 73 FR 16435, March 27, 2008).
    If this rulemaking is finalized and EPA subsequently determines, 
after notice-and-comment rulemaking in the Federal Register, that the 
area has violated the 1997 8-hour ozone standard, the basis for the 
suspension of these requirements for that area would no longer exist, 
and the area would thereafter have to address the pertinent 
requirements within a reasonable period of time. EPA would establish 
that period taking into account the individual circumstances 
surrounding the particular submissions at issue.
    This proposed action is not equivalent to the redesignation of the 
Imperial County area to attainment under CAA section 107(d)(3), because 
we would not yet have an approved maintenance plan for the area as 
required under section 175A of the CAA, nor a determination that the 
area has met the other requirements for redesignation. The 
classification and designation status of the area would remain moderate 
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA 
determines that it meets the CAA requirements for redesignation to 
attainment.

III. What Is the Background for This Action?

    On April 30, 2004 (69 FR 23857), EPA designated as nonattainment 
any area that was violating the 1997 8-hour ozone NAAQS based on the 
three most recent years (2001-2003) of air quality data. At that time, 
a number of areas in California, including Imperial County, were 
designated as nonattainment. See 40 CFR 81.305. Imperial County was 
initially classified as a marginal nonattainment area with a maximum 
attainment date of June 15, 2007. 69 FR 23858. On February 13, 2008, 
EPA determined that Imperial County had failed to attain the 1997 8-
hour ozone NAAQS by the applicable attainment deadline and reclassified 
the area by operation of law as a moderate 8-hour ozone nonattainment 
area, with a maximum attainment date of June 15, 2010. 73 FR 8209 
(final rule effective March 14, 2008). This determination was based on 
ambient air quality data from the 2004-2006 monitoring period. More 
recent air quality data, however, indicate that the Imperial County 
area is now attaining the 1997 8-hour ozone standard.
    On February 19, 2009, the California Air Resources Board requested 
that EPA determine that the Imperial County area is attaining the 1997 
8-hour ozone standard of 0.08 ppm, based on certified ambient air 
monitoring data from the 2006-2008 monitoring period.

IV. What Is EPA's Analysis of the Relevant Air Quality Data?

    In California's request and a subsequent certification letter, the 
State certified that the air quality monitoring data it submitted for 
the years 2006, 2007, and 2008 was accurate and quality-assured, 
consistent with state

[[Page 48497]]

and EPA monitoring requirements.<SUP>2 3</SUP> California submitted 
these data to EPA's AQS, where it is available to the public via http://www.epa.gov/ttn/airs/airsaqs/ airsaqs/. Table 1 summarizes the ozone air 
quality data for Imperial County, from 2006 to 2008.
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    \2\ Letter from James Goldstene, Executive Officer, California 
Air Resources Board, to Laura Yoshii, Acting Regional Administrator, 
U.S. EPA Region 9, dated February 19, 2009.
    \3\ Letter from Karen Magliano, Chief, Air Quality Data Branch, 
California Air Resources Board, to Laura Yoshii, Acting Regional 
Administrator, EPA Region 9, dated March 4, 2009.

  Table 1--Fourth Highest 8-Hour Average Ozone Concentrations and Design Values (in Parts per Million, PPM) in
                                      Imperial County, California 2006-2008
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                                                                                                     2006-2008
                  Monitor site                         2006            2007            2008        Design value
----------------------------------------------------------------------------------------------------------------
Calexico East...................................            .078            .083            .078            .079
Calexico Ethel..................................            .068            .087            .087            .080
El Centro.......................................            .091            .083            .074            .082
Niland..........................................            .072            .078            .075            .075
Westmorland.....................................            .086            .085            .077            .082
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    Under EPA regulations at 40 CFR part 50, the 8-hour ozone standard 
is attained when the 3-year average of the annual fourth-highest daily 
maximum 8-hour average ozone concentrations at an ozone monitor is less 
than or equal to 0.08 ppm (i.e., 0.084 ppm, based on the rounding 
convention in 40 CFR part 50, Appendix I). This 3-year average is 
referred to as the design value. When the design value is less than or 
equal to 0.084 ppm (84 parts per billion (ppb)) at each monitor within 
the area, then the area is meeting the NAAQS. See 69 FR 23857 (April 
30, 2004) for further information. Also, the data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90%, and no single year has less than 
75% data completeness as determined in Appendix I of 40 CFR part 50.
    Table 1 shows the fourth highest daily maximum 8-hour average ozone 
concentrations for the Imperial County monitors for the years 2006-
2008. EPA's review of these data indicate that the Imperial County 
nonattainment area has met and continues to meet the 8-hour ozone 
NAAQS.
    EPA is soliciting public comments on the issues discussed in this 
notice or on other relevant matters. EPA will consider these comments 
before taking final action. Interested parties may participate in the 
Federal rulemaking procedure by submitting written comments to the EPA 
office listed in the ADDRESSES section of this Federal Register.

V. Proposed Action

    EPA is proposing to determine that the Imperial County, California 
ozone nonattainment area has attained the 1997 8-hour ozone standard 
based on three years of certified ambient air monitoring data at all 
ozone monitoring sites in the area. Quality-assured data through the 
present demonstrate that the area continues to attain the standard 
through June 2009. As provided in 40 CFR 51.918, if EPA finalizes this 
determination, it would suspend the requirements for California to 
submit an attainment demonstration, a reasonable further progress plan, 
and contingency measures under section 172(c)(9), and any other 
planning SIP related to attainment of the 1997 8-hour ozone NAAQS for 
the Imperial County area. This suspension of requirements would be 
effective as long as the area continues to attain the 1997 8-hour ozone 
standard. Please note that this action addresses only the 1997 8-hour 
ozone standard of 0.08 ppm, and does not address the 2008 8-hour ozone 
standard of 0.075 ppm.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action proposes to make a determination based on air quality data, and 
would, if finalized, result in the suspension of certain Federal 
requirements. Accordingly, the Administrator certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601, et 
seq.). Because this rule proposes to make a determination based on air 
quality data, and would, if finalized, result in the suspension of 
certain Federal requirements, it 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).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (59 FR 22951, November 9, 2000). This proposed action also 
does not have Federalism implications because it does not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely proposes to make a determination based on air quality 
data and would, if finalized, result in the suspension of certain 
Federal requirements, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act. This proposed rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it proposes to determine 
that air quality in the affected area is meeting Federal standards.
    The requirements of section 12(d) of the National Technology 
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply 
because it would be inconsistent with applicable law for EPA, when 
determining the attainment status of an area, to use voluntary 
consensus standards in place of

[[Page 48498]]

promulgated air quality standards and monitoring procedures that 
otherwise satisfy the provisions of the Clean Air Act.
    This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501, et seq.)
    Under Executive Order 12898, EPA finds that this rule involves a 
proposed determination of attainment based on air quality data and will 
not have disproportionately high and adverse human health or 
environmental effects on any communities in the area, including 
minority and low-income communities.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: September 11, 2009.
Laura Yoshii,
Acting Regional Administrator, Region 9.
[FR Doc. E9-22933 Filed 9-22-09; 8:45 am]
BILLING CODE 6560-50-P


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