70382 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules 

1See 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). 

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: 

§ 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 

(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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

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 http://

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 

http://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 


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Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules 70383 

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. 

3San 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). 

5PQAO 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). 

6The 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. 

7See 40 CFR 58.10(a)(1). 

8CARB 2015 Monitoring Network Assessment, 

September 2015, pages 2–3. 

9Letters 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. 

10Letter 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. 

11See, 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. 

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. 

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. 

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. 

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 


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70384 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules 

12See the San Luis Obispo County APCD’s 

Annual Network Plan Report (July 2015). 

13See EPA, Air Quality System, Design Value 

Report, July 25, 2016. 

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 

Monitoring site AQS Site 

identification No. 

Fourth-highest daily maximum 8-hour ozone 

concentration 

(ppm) Design value 

(2013–2015) 

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 


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Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Proposed Rules 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 


jstallworth on DSK7TPTVN1PROD with PROPOSALS