54580 Federal Register / Vol. 67, No. 164 / Friday, August 23, 2002 / Rules and Regulations 

1The 1-hour ozone nonattainment area is the 

‘‘San Diego Area,’’ which comprises the entire 

County of San Diego. See 40 CFR 81.305.

Carbon Monoxide nonattainment area. 

This included an attainment 

demonstration and the control measures 

needed to attain the National Ambient 

Air Quality Standard for carbon 

monoxide. The January 15, 2002, 

request to redesignate the New Jersey 

portion of the New York—Northern 

New Jersey—Long Island Carbon 

Monoxide nonattainment area from 

nonattainment to attainment of the 

National Ambient Air Quality Standard 

for carbon monoxide. As part of the 

redesignation request, the State 

submitted a maintenance plan which 

demonstrated continued attainment of 

the National Ambient Air Quality 

Standard for carbon monoxide through 

the year 2014.

3. Section 52.1582 is amended by 

revising the section heading and 

removing and reserving paragraph (d)(2) 

to read as follows:

§ 52.1582 Control strategy and 

regulations: Ozone.

* * * * *

PART 81—[AMENDED] 

1. The authority citation for part 81 

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart C—Section 107 Attainment 

Status Designations 

2. In § 81.331, the table for ‘‘New 

Jersey-Carbon Monoxide’’ is amended 

by revising the entry for ‘‘New York—

N. New Jersey—Long Island Area’’ to 

read as follows:

§ 81.331 New Jersey.

* * * * *

NEW JERSEY-CARBON MONOXIDE

Designated Area 

Designation Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

New York-N. New Jersey-Long Island Area: 

Bergen ..................................... October 22, 2002 ........... Attainment. 

Essex County .......................... ......do ............................. Attainment. 

Hudson County ........................ ......do ............................. Attainment. 

Passaic County (part) 

City of Clifton .................... ......do ............................. Attainment. 

City of Paterson ............... ......do ............................. Attainment. 

City of Passaic ................. ......do ............................. Attainment. 

Union County ................... ......do ............................. Attainment. 

* * * * * * * 

1This date is November 15, 1990, unless otherwise noted. 

* * * * *

[FR Doc. 02–21283 Filed 8–22–02; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81

[CA–082–FOAa; FRL–7263–9] 

Determination of Attainment of the 1-

Hour Ozone Standard for San Diego 

County, CA

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This rulemaking contains 

EPA’s final determination that the San 

Diego area has attained the 1-hour ozone 

air quality standard by the deadline 

required by the Clean Air Act. If adverse 

written comments are received, we will 

withdraw the direct final rule and 

address the comments received in a new 

final rule; otherwise no further 

rulemaking will occur on this action. 

Elsewhere in this issue of the Federal 

Register, we are proposing to make this 

finding of attainment.

DATES: This direct final finding is 

effective October 22, 2002, without 

further notice, unless we receive 

adverse comments by September 23, 

2002. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this rule will not take effect.

ADDRESSES: Please address your 

comments to: Dave Jesson, Air Planning 

Office (AIR–2), Air Division, U.S. EPA, 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

Copies of the State’s submittal are 

available for public inspection during 

normal business hours at EPA’s Region 

9 office and at the following locations:

California Air Resources Board, 1001 I 

Street, Sacramento, CA 95814. 

San Diego County Air Pollution Control 

District, 9150 Chesapeake Drive, San 

Diego, CA 92123–1096.

FOR FURTHER INFORMATION CONTACT:

Dave Jesson, US EPA Region 9, at (415) 

972–3957, or jesson.david@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Attainment Finding 

A. San Diego’s Ozone Classification and 

Current Status 

When the Clean Air Act (CAA) 

Amendments were enacted in 1990, 

each area of the country that was 

designated nonattainment for the 1-hour 

ozone national ambient air quality 

standard (NAAQS), including the San 

Diego area, was classified by operation 

of law as marginal, moderate, serious, 

severe, or extreme depending on the 

severity of the area’s air quality 

problem.1 CAA sections 107(d)(1)(C) 

and 181(a). The San Diego area was 

initially classified as severe. See 40 CFR 

81.305 and 56 FR 56694 (November 6, 

1991). The area was reclassified as 

serious after we determined that the 

ozone design value used in the original 

classification was incorrect. 60 FR 3771 

(January 19, 1995).

Federal Register / Vol. 67, No. 164 / Friday, August 23, 2002 / Rules and Regulations 54581

2See generally 57 FR 13506 (April 16, 1992) and 

Memorandum from D. Kent Berry, Acting Director, 

Air Quality Management Division, EPA, to Regional 

Air Office Directors; ‘‘Procedures for Processing 

Bump Ups and Extensions for Marginal Ozone 

Nonattainment Areas,’’ February 3, 1994. While 

explicitly applicable only to marginal areas, the 

general procedures for evaluating attainment in this 

memorandum apply regardless of the initial 

classification of an area because all findings of 

attainment are made pursuant to the same Clean Air 

Act requirements in section 181(b)(2).

3The fourth highest value is used as the design 

value because a monitor may record up to 3 

exceedances of the standard in a 3-year period and 

still show attainment, since 3 exceedances over 3 

years would average 1 day per year, the maximum 

allowed to show attainment of the 1-hour ozone 

standard. If the monitor records a fourth exceedance 

in that period, it would average more than 1 

exceedance day per year and would no longer show 

attainment. Therefore, if a State can reduce the 

fourth highest ozone value to below the standard, 

thus preventing a fourth exceedance, then it will be 

able to demonstrate attainment.

4All quality-assured available data include all 

data available from the state and local/national air 

monitoring (SLAMS/NAMS) network as submitted 

to EPA’s AIRS system and all data available to EPA 

from special purpose monitoring (SPM) sites that 

meet the requirements of 40 CFR 58.13. See 

Memorandum John Seitz, Director, OAQPS, to 

Regional Air Directors; ‘‘Agency Policy on the Use 

of Ozone Special Purpose Monitoring Data,’’ August 

22, 1997.

5See memorandum, William G. Laxton, Director, 

Technical Support Division, Office of Air Quality 

Planning and Standards to Regional Air Directors, 

‘‘Ozone and Carbon Monoxide Design Value 

Calculations,’’ June 18, 1990.

Upon the San Diego area’s 

reclassification as serious, the CAA 

required submittal of a state 

implementation plan (SIP) 

demonstrating attainment of the 1-hour 

ozone standard as expeditiously as 

practicable but no later than November 

15, 1999. CAA sections 181(a)(1) and 

182(c)(2)(A). The SIP had to meet 

several other CAA requirements for 

serious areas. See generally CAA section 

182(c). The San Diego County Air 

Pollution Control District (SDCAPCD) 

adopted a serious area plan addressing 

these provisions, and we approved the 

SIP submittal on January 8, 1997 (62 FR 

1150). 

Although the San Diego area did not 

attain the standard by the November 15, 

1999 deadline, the area did qualify to 

have that deadline extended, since the 

area had complied with all requirements 

and commitments in the SIP and 

recorded no more than 1 exceedance of 

the NAAQS in 1999. For areas meeting 

these provisions, CAA section 181(a)(5) 

allows us to grant up to two 1-year 

extensions. On October 11, 2000 (65 FR 

65025), we granted the San Diego area 

a 1-year attainment date extension to 

November 15, 2000, and on August 6, 

2001 (66 FR 40908), we granted the area 

a second 1-year extension to November 

15, 2001, since the area again had no 

more than 1 exceedance in the previous 

year.

On March 28, 2002, Richard J. Smith, 

Acting Director, SDCAPCD, addressed a 

letter to Michael P. Kenny, Executive 

Officer of the California Air Resources 

Board (CARB), asking that the State 

petition us to make an attainment 

finding because quality-assured ambient 

ozone data show no more than one 

exceedance at any monitoring station in 

the San Diego area for the 1999–2001 

period. On June 21, 2002, CARB 

formally requested that we make a 

finding of attainment for the San Diego 

area based on the area’s design value as 

of the 2001 attainment date (letter from 

Michael P. Kenny to Wayne Nastri, 

Regional Administrator, EPA Region 9). 

B. Clean Air Act Provisions for 

Attainment Findings 

Under CAA section 181(b)(2)(A), we 

must determine within six months of 

the applicable attainment date whether 

an ozone nonattainment area has 

attained the standard. If we find that a 

serious area has not attained the 

standard and does not qualify for an 

extension, it is reclassified by operation 

of law to severe. Under CAA section 

181(b)(2)(A), we must base our 

determination of attainment or failure to 

attain on the area’s design value as of its 

applicable attainment date, which for 

the San Diego area was November 15, 

2001. 

The 1-hour ozone NAAQS is 0.12 

ppm, not to be exceeded on average 

more than 1 day per year over any 3-

year period. 40 CFR 50.9 and appendix 

H. Under our policies, we determine if 

an area has attained the 1-hour standard 

by calculating, at each monitor, the 

average number of days over the 

standard per year during the preceding 

3-year period.2 For this direct final 

rulemaking, we have based our 

determination of attainment on both the 

design value and the average number of 

exceedance days per year as of 

November 15, 2001.

The design value is an ambient ozone 

concentration that indicates the severity 

of the ozone problem in an area and is 

used to determine the level of emission 

reductions needed to attain the 

standard, that is, it is the ozone level 

around which a State designs its control 

strategy for attaining the ozone 

standard. A monitor’s design value is 

the fourth highest ambient 

concentration recorded at that monitor 

over the previous 3 years. An area’s 

design value is the highest of the design 

values from the area’s monitors.3

We make attainment determinations 

for ozone nonattainment areas using all 

available, quality-assured air quality 

data for the 3-year period up to and 

including the attainment date.4

Consequently, we used all of the 1999, 

2000, and 2001 quality-assured data 

available to determine whether the San 

Diego area attained the 1-hour ozone 

standard by November 15, 2001. From 

the available air quality data, we have 

calculated the average number of days 

over the standard and the design value 

for each ozone monitor in the San Diego 

nonattainment area.

C. Attainment Finding for the San Diego 

Area 

1. Adequacy of the San Diego Area 

Ozone Monitoring Network 

Determining whether or not an area 

has attained the 1-hour ozone standard 

under CAA section 181(b)(1)(A) is based 

on monitored air quality data. Thus, the 

validity of a determination of attainment 

depends on whether the monitoring 

network adequately measures ambient 

ozone levels in the area. 

We evaluate 4 basic elements in 

determining the adequacy of an area’s 

ozone monitoring network. The network 

needs to meet the design requirements 

of 40 CFR part 58, appendix D; the 

network needs to utilize monitoring 

equipment designated as reference or 

equivalent methods under 40 CFR part 

53; and the agency or agencies operating 

the equipment need to have a quality 

assurance plan in place that meets the 

requirements of 40 CFR part 58, 

appendix A. The ozone network in the 

San Diego area meets or exceeds these 

requirements and is therefore adequate 

for use in determining the ozone 

attainment status of the area. 

2. The San Diego Area’s Ozone Design 

Value for the 1999–2001 Period 

We have listed in Table 1 the design 

values and the average number of 

exceedance days per year for the 1999 

to 2001 period for each monitoring site 

in the San Diego area. We calculated the 

design values following the procedures 

in the Laxton memo.5

54582 Federal Register / Vol. 67, No. 164 / Friday, August 23, 2002 / Rules and Regulations 

TABLE 1.—AVERAGE NUMBER OF OZONE EXCEEDANCE DAYS PER YEAR AND DESIGN VALUES BY MONITOR IN SAN DIEGO

COUNTY, 1999–2001 

Site 

Average

number of

exceedance

days per year 

Site design 

value (ppm) 

Chula Vista (SLAMS) ............................................................................................................................................. 0 0.10 

El Cajon (PAMS/NAMS) ........................................................................................................................................ 0 0.10 

Oceanside (SLAMS) .............................................................................................................................................. 0 0.09 

San Diego/Overland (PAMS/NAMS) ..................................................................................................................... 0.3 0.11 

Del Mar (SLAMS) .................................................................................................................................................. 0 0.09 

Escondido (SLAMS) .............................................................................................................................................. 0.3 0.11 

Alpine (PAMS/SLAMS) .......................................................................................................................................... 0.3 0.12 

San Diego/12th Street (SLAMS) ........................................................................................................................... 0 0.09 

Camp Pendleton (PAMS/SLAMS) ......................................................................................................................... 0 0.10 

Otay Mesa (SLAMS) .............................................................................................................................................. 0 0.09 

Note: EPA’s monitoring network regulations are codified at 40 CFR 58. The regulations provide for National Air Monitoring Stations (NAMS), 

State or Local Air Monitoring Stations (SLAMS), and Photochemical Assessment Monitoring Stations (PAMS). All of the stations in the San Diego 

County monitoring network are operated by SDCAPCD or CARB. The monitoring data are submitted to EPA’s Aerometric Information Retrieval 

System-Air Quality Subsystem (AIRS–AQS) database. 

From Table 1, the highest design 

value at any monitor, and thus the 

design value for the San Diego area, is 

.12 ppm at the Alpine site. No monitor 

in the San Diego area recorded an 

average of more than 1 exceedance of 

the 1-hour ozone standard per year 

during the 1999 to 2001 period. 

Because the area’s design value does 

not exceed the 0.12 ppm 1-hour ozone 

standard and the area has averaged less 

than 1 exceedance per year at each 

monitor for the 1999 to 2001 period, we 

find that the San Diego area has attained 

the 1-hour ozone standard by its Clean 

Air Act mandated attainment date of 

November 15, 2001. 

D. Attainment Findings and 

Redesignations to Attainment 

A finding that an area has attained the 

1-hour ozone standard under CAA 

section 181(b)(1)(A) does not 

redesignate the area to attainment for 

the 1-hour standard nor does it 

guarantee a future redesignation to 

attainment. 

The redesignation of an area to 

attainment under CAA section 

107(d)(3)(E) is a separate process from a 

finding of attainment under CAA 

section 181(b)(1)(A). Unlike an 

attainment finding where we need only 

determine that the area has had the 

prerequisite number of clean years, a 

redesignation to attainment requires 

additional submittals and multiple 

determinations. Under CAA section 

107(d)(3)(E), we must make the 

following determinations: 

1. The area has attained the relevant 

NAAQS at the time of redesignation. 

2. The State has a fully approved SIP 

for the area. 

3. The improvements in air quality are 

due to permanent and enforceable 

reductions in emissions resulting from 

implementation of the SIP and 

applicable federal regulations and other 

permanent and enforceable reductions.

4. We have fully approved a 

maintenance plan for the area under 

CAA section 175A. 

5. The State has met all the 

nonattainment area requirements 

applicable to the area. 

To address the provisions of CAA 

section 175A, SDCAPCD is preparing an 

ozone redesignation request and 

maintenance plan, which is scheduled 

for adoption later this year. It is 

possible, although not expected, that the 

San Diego area might violate the 1-hour 

ozone NAAQS before the maintenance 

plan is approved and the area is 

redesignated to attainment. If such a 

violation were to occur after EPA’s 

finding of attainment under CAA 

section 181(b)(2)(A) in this rulemaking, 

EPA believes that issuance of a SIP call 

under CAA section 110(k)(5) would be 

an appropriate response. This SIP call 

could require the State to submit, by a 

reasonable deadline but not to exceed 

18 months, a revised plan 

demonstrating expeditious attainment 

and compliance with other 

requirements of subpart 2 applicable to 

the area at the time of this finding. 

II. Final Action 

We are finding that the San Diego area 

has attained the 1-hour ozone NAAQS 

under CAA section 181(b)(2)(A). 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial finding and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposed finding of 

attainment if relevant adverse comments 

are filed. This rule will be effective 

October 22, 2002 without further notice 

unless relevant adverse comments are 

received by September 23, 2002. If we 

receive such comments, this action will 

be withdrawn before the effective date. 

All public comments received will then 

be addressed in a subsequent final rule 

based on the proposed action. We will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

If no such comments are received, the 

public is advised that this action will be 

effective October 22, 2002. 

III. Administrative Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this 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 merely 

determines that the San Diego area has 

attained a previously-established 

national ambient air quality standard 

based on an objective review of 

measured air quality data. As such, the 

action imposes no additional 

requirements beyond those imposed by 

state law. 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 does not impose any additional 

enforceable duty, it does not contain 

any unfunded mandate or significantly 

or uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Public Law 104–4). 

Federal Register / Vol. 67, No. 164 / Friday, August 23, 2002 / Rules and Regulations 54583

This 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 

(65 FR 67249, November 9, 2000). This 

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). This action merely 

makes a determination based on air 

quality data, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This action 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 is not economically 

significant. 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use voluntary 

consensus standards (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. EPA 

believes that VCS are inapplicable to 

today’s final action because the action 

does not require the public to perform 

activities conducive to the use of VCS. 

This 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.).

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

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

Dated: August 8, 2002. 

Keith Takata, 

Acting Regional Administrator, Region IX.

[FR Doc. 02–21560 Filed 8–22–02; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180

[OPP–2002–0183; FRL–7194–4] 

Triflumizole; Pesticide Tolerance for 

Emergency Exemption

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

triflumizole (1-(1-((4-chloro-2-

(trifluoromethyl) phenyl)imino)-2-

propoxyethyl)-1H-imidazole) and its 

metabolites containing the 4-chloro-2-

trifluoromethylaniline moiety, 

calculated as the parent in or on 

hazelnuts, or filberts (EPA preferred 

term). This action is in response to 

EPA’s granting of an emergency 

exemption under section 18 of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) authorizing 

use of the pesticide on filberts. This 

regulation establishes a maximum 

permissible level for residues of 

triflumizole in this food commodity. 

The tolerance will expire and is revoked 

on June 30, 2004.

DATES: This regulation is effective 

August 23, 2002. Objections and 

requests for hearings, identified by 

docket ID number OPP–2002–0183, 

must be received on or before October 

22, 2002.

ADDRESSES: Written objections and 

hearing requests may be submitted by 

mail, in person, or by courier. Please 

follow the detailed instructions for each 

method as provided in Unit VII. of the 

SUPPLEMENTARY INFORMATION. To ensure 

proper receipt by EPA, your objections 

and hearing requests must identify 

docket ID number OPP–2002–0183 in 

the subject line on the first page of your 

response.

FOR FURTHER INFORMATION CONTACT: By 

mail: Andrea Conrath, Registration 

Division (7505C), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (703) 308–9356; e-mail address: 

conrath.andrea@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected categories and entities may 

include, but are not limited to:

Categories NAICS 

Codes 

Examples of Potentially Affected 

Entities 

Industry 111 Crop production 

112 Animal production 

311 Food manufacturing 

32532 Pesticide manufacturing 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in the table could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether or not this action might apply 

to certain entities. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Get Additional 

Information, Including Copies of This 

Document and Other Related 

Documents? 

1. Electronically. You may obtain 

electronic copies of this document, and 

certain other related documents that 

might be available electronically, from 

the EPA Internet Home Page at http://

www.epa.gov/. To access this 

document, on the Home Page select 

‘‘Laws and Regulations,’’ ‘‘Regulations 

and Proposed Rules,’’ and then look up 

the entry for this document under the 

‘‘Federal Register—Environmental 

Documents.’’ You can also go directly to 

the Federal Register listings at http://

www.epa.gov/fedrgstr/. A frequently 

updated electronic version of 40 CFR 

part 180 is available at http://

www.access.gpo.gov/nara/cfr/

cfrhtml_00/Title_40/40cfr180_00.html, a 

beta site currently under development. 

2.In person. The Agency has 

established an official record for this 

action under docket ID number OPP–

2002–0183. The official record consists 

of the documents specifically referenced 

in this action, and other information 

related to this action, including any 

information claimed as Confidential 

Business Information (CBI). This official 

record includes the documents that are 

physically located in the docket, as well 

as the documents that are referenced in 

those documents. The public version of 

the official record does not include any 

information claimed as CBI. The public 

version of the official record, which 

includes printed, paper versions of any 

electronic comments submitted during 

an applicable comment period is 

available for inspection in the Public