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[Federal Register Volume 77, Number 55 (Wednesday, March 21, 2012)]
[Rules and Regulations]
[Pages 16447-16453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-6562]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2012-0189; FRL-9649-1]

Approval and Promulgation of Implementation Plans; Designation of 
Areas for Air Quality Planning Purposes; State of California; Ozone; 
Nitrogen Dioxide; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendments.

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SUMMARY: EPA is making technical amendments to the Code of Federal 
Regulations (CFR) to reflect the final actions published by the Agency 
on October 7, 2003, April 30, 2004, and May 5, 2010 in connection with 
the designations and classifications of certain areas in California for 
the 1971 annual nitrogen dioxide standard and the 1997 eight-hour ozone 
standard pursuant to the Clean Air Act. The areas that are the subject 
of these technical amendments include Riverside County, Western Mojave 
Desert, South Coast Air Basin, Eastern Kern County, and San Diego 
County.

DATES: These technical amendments are effective on March 21, 2012.

FOR FURTHER INFORMATION CONTACT: Doris Lo, EPA Region IX, (415) 972-
3959, lo.doris@epa.gov.

SUPPLEMENTARY INFORMATION:

Technical Amendment for California--NO2 Table in 40 CFR 
81.305

    In today's action, we are making a technical amendment to correct 
an erroneous codification of our 2003 boundary change rule with respect 
to the ``California--NO2 (1971 Annual Standard)'' table in 
40 CFR 81.305.\1\ As described in our October 7, 2003 final rule (68 FR 
at 57821 and 57824) redesignating certain air quality planning area 
boundaries in southern California, we intended to revise the entry in 
the table for ``Riverside County (portion within SE. Desert AQMD) 
County'' to ``Riverside County (Coachella Valley planning area)'' and 
to revise the entry for ``Riverside County, non-AQMA portion County'' 
to ``Riverside County (portion not within South Coast Air Basin or 
Coachella Valley planning area).'' However, the entry for ``Riverside 
County (Coachella Valley planning area),'' which was to become an entry 
in the table, is not found in the current version of the ``California--
NO2 (1971 Annual Standard)'' table whereas the entry for 
``Riverside County, non-AQMA portion County,'' which was intended to be 
replaced, remains in the table. In today's action, we are making a 
technical amendment to ensure that the ``California--NO2 
(1971 Annual Standard)'' table in 40 CFR 81.305 to accurately reflect 
the intent of our 2003 boundary change action.
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    \1\ The table heading was recently revised to read 
``California--NO2 (1971 Annual Standard)'' in a final 
rule published on February 17, 2012 at 77 FR 9532, at 9540, 
effective February 29, 2012. The table heading previously had been 
``California-NO2.''
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    Today's technical amendment makes no change to the substance of our 
October 7, 2003 final rule.

Technical Amendments for California--Ozone (8-Hour Standard) Table in 
40 CFR 81.305

    With respect to the ``California--Ozone (8-Hour Standard)'' table 
in 40 CFR 81.305, we are making a number of technical amendments that 
stem from previous EPA rulemakings. All of the subject areas are 
located within the State of California.
    On April 30, 2004, at 69 FR 23858, we published a final rule 
announcing and promulgating designations, classifications, and 
boundaries for areas in the country with respect to the 1997 8-hour 
ozone National Ambient Air Quality Standard (NAAQS) in accordance with 
the requirements of the Clean Air Act (CAA). In our April 30, 2004 
final rule, we designated the Western Mojave Desert area as a moderate 
nonattainment area for the 1997 8-hour ozone National Ambient Air 
Quality Standard. See 69 FR 23858, at 23884-85 (April 30, 2004). 
Subsequently, on May 5, 2010, EPA published a final rule granting 
California's request for reclassification of several areas for the 1997 
8-hour ozone standard. See 75 FR 24409 (May 5, 2010). The Western 
Mojave Desert was not among the areas that were the subject of EPA's 
May 5, 2010 final rule, but the changes made to the ``California--Ozone 
(8-Hour Standard)'' table to codify our May 5, 2010 final rule had the 
inadvertent effect of removing a portion of the definition of the 
Western Mojave Desert 8-hour ozone nonattainment area from the 
``California--Ozone (8-Hour Standard)'' table. In today's action, EPA 
is making a technical amendment to re-insert the inadvertently removed 
portion of the definition of the Western Mojave Desert area into the 
``California--Ozone (8-Hour Standard)'' table in 40 CFR 81.305.
    Second, in codifying the designations in EPA's April 30, 2004 final 
rule, we inadvertently indented the title of the

[[Page 16448]]

``Los Angeles-South Coast Air Basin, CA'' in the ``California--Ozone 
(8-Hour Standard)'' table. Given the format of this table in the CFR, 
the inadvertent indentation of ``Los Angeles-South Coast Air Basin, 
CA'' in the ``California--Ozone (8-Hour Standard)'' table aligns the 
basin with the individual counties or portions thereof that comprise 
the basin and thus is potentially confusing. We are therefore making a 
technical amendment in today's action to properly format the title of 
the basin to show the proper relationship between the basin and the 
counties (or portions thereof) that comprise the basin.
    Third, in our April 30, 2004 final rule, we inadvertently failed to 
list the Indian Wells Valley area (which is that portion of Kern County 
that lies in hydrologic unit number 18090205) as ``Unclassifiable/
Attainment'' in the California table of designations and 
classifications for the 8-hour ozone standard. We provided an 
explanation for distinguishing the Indian Wells Valley area from the 
rest of eastern Kern County in the background documentation for the 
April 30, 2004 final rule, but did not include the appropriate listing 
in the California table. See pages 3-22 to 3-23 in Chapter 3 
(``Justifications in Support of EPA's 8-Hour Ozone Designations'') of 
EPA's report in support of the final designations entitled, ``Technical 
Support for State and Tribal Air Quality Designations and 
Classifications'' (April 2004). In today's action, we are making a 
technical amendment to properly list the Indian Wells Valley portion of 
eastern Kern County as an ``Unclassifiable/Attainment'' area for the 
1997 8-hour ozone standard.
    Lastly, in EPA's April 30, 2004 final rule, EPA designated all of 
San Diego County in California as a nonattainment area for the 8-hour 
ozone standard but excluded from that nonattainment area a list of 
areas identified as La Posta Areas 1 and 2, Cuyapaipe 
Area, Manzanita Area, and Campo Areas 1 and 2. See 69 
FR at 23887. We intended to designate the latter areas as 
``Unclassifiable/Attainment'' and included our justification for their 
area designations and rationale for distinguishing them from the 
surrounding nonattainment area in the Technical Support Document for 
nationwide 8-hour ozone designations final rule. See pages 3-34 to 3-36 
in Chapter 3 (``Justifications in Support of EPA's 8-Hour Ozone 
Designations'') of EPA's report in support of the final designations 
entitled, ``Technical Support for State and Tribal Air Quality 
Designations and Classifications'' (April 2004). However, the entries 
for these areas were inadvertently omitted from the table codifying 
designations and classifications for the 8-hour ozone standard within 
the State of California. In today's action, we are making a technical 
amendment to properly list the four tribal areas in eastern San Diego 
County as ``Unclassifiable/Attainment'' areas for the 1997 8-hour ozone 
standard.
    Today's technical amendments make no change to the substance of 
EPA's April 30, 2004 or May 5, 2010 final rules.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: March 8, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Part 81, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. Section 81.305 is amended as follows:
0
a. In the table for ``California--NO2 (1971 Annual 
Standard)'' by removing the entry for ``Riverside County, non-AQMA 
portion County'' and adding an entry for ``Riverside County (Coachella 
Valley Planning Area)'' in its place;
0
b. In the table for ``California--Ozone (8-Hour Standard)'' by revising 
the entries for ``Kern County (Eastern Kern), CA,'' ``Kern County 
(part),'' ``Los Angeles-South Coast Air Basin, CA,'' ``Los Angeles 
County (part),'' ``Orange County,'' ``Riverside County (part),'' ``San 
Bernardino County (part),'' ``San Diego, CA,'' and ``San Diego County 
(part).''
    The revisions read as follows:

Sec.  81.305  California.

* * * * *

                             California--NO2
                         [1971 Annual standard]
------------------------------------------------------------------------
                                                           Cannot be
                                     Does not meet       classified or
         Designated area                primary           better than
                                       standards      national standards
------------------------------------------------------------------------
 
                               * * * * * *
Riverside County (Coachella        .................                  X
 Valley planning area)
 
                              * * * * * * *
------------------------------------------------------------------------

                                                                    California--Ozone
                                                                    [8-Hour standard]
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                                                                                Designation \a\                              Classification
                        Designated area                         ----------------------------------------------------------------------------------------
                                                                     Date \1\                 Type                 Date \1\               Type
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                                                                      * * * * * * *
Kern County (Eastern Kern), CA:
    Kern County (part)                                           ...............               Nonattainment   ...............               Subpart 1.

[[Page 16449]]

 
        That portion of Kern County (with the exception of that
         portion in Hydrologic Unit 18090205--the
         Indian Wells Valley) east and south of a line
         described as follows: Beginning at the Kern-Los
         Angeles County boundary and running north and east
         along the northwest boundary of the Rancho La Liebre
         Land Grant to the point of intersection with the range
         line common to Range 16 West and Range 17 West, San
         Bernardino Base and Meridian; north along the range
         line to the point of intersection with the Rancho El
         Tejon Land Grant boundary; then southeast, northeast,
         and northwest along the boundary of the Rancho El
         Tejon Grant to the northwest corner of Section 3,
         Township 11 North, Range 17 West; then west 1.2 miles;
         then north to the Rancho El Tejon Land Grant boundary;
         then northwest along the Rancho El Tejon line to the
         southeast corner of Section 34, Township 32 South,
         Range 30 East, Mount Diablo Base and Meridian; then
         north to the northwest corner of Section 35, Township
         31 South, Range 30 East; then northeast along the
         boundary of the Rancho El Tejon Land Grant to the
         southwest corner of Section 18, Township 31 South,
         Range 31 East; then east to the southeast corner of
         Section 13, Township 31 South, Range 31 East; then
         north along the range line common to Range 31 East and
         Range 32 East, Mount Diablo Base and Meridian, to the
         northwest corner of Section 6, Township 29 South,
         Range 32 East; then east to the southwest corner of
         Section 31, Township 28 South, Range 32 East; then
         north along the range line common to Range 31 East and
         Range 32 East to the northwest corner of Section 6,
         Township 28 South, Range 32 East, then west to the
         southeast corner of Section 36, Township 27 South,
         Range 31 East, then north along the range line common
         to Range 31 East and Range 32 East to the Kern-Tulare
         County boundary.
    Kern County (part)                                           ...............   Unclassifiable/Attainment
        That portion of Kern County contained with Hydrologic
         Unit 18090205--Indian Wells Valley.
 
                                                                      * * * * * * *
Los Angeles--South Coast Air Basin, CA:                          ...............               Nonattainment            (\2\)        Subpart 2/Extreme.
    Los Angeles County (part)                                    ...............               Nonattainment            (\2\)        Subpart 2/Extreme.

[[Page 16450]]

 
        That portion of Los Angeles County which lies south and
         west of a line described as follows: Beginning at the
         Los Angeles-San Bernardino County boundary and running
         west along the Township line common to Township 3
         North and Township 2 North, San Bernardino Base and
         Meridian; then north along the range line common to
         Range 8 West and Range 9 West; then west along the
         Township line common to Township 4 North and Township
         3 North; then north along the range line common to
         Range 12 West and Range 13 West to the southeast
         corner of Section 12, Township 5 North and Range 13
         West; then west along the south boundaries of Sections
         12, 11, 10, 9, 8, and 7, Township 5 North and Range 13
         West to the boundary of the Angeles National Forest
         which is collinear with the range line common to Range
         13 West and Range 14 West; then north and west along
         the Angeles National Forest boundary to the point of
         intersection with the Township line common to Township
         7 North and Township 6 North (point is at the
         northwest corner of Section 4 in Township 6 North and
         Range 14 West); then west along the Township line
         common to Township 7 North and Township 6 North; then
         north along the range line common to Range 15 West and
         Range 16 West to the southeast corner of Section 13,
         Township 7 North and Range 16 West; then along the
         south boundaries of Sections 13, 14, 15, 16, 17, and
         18, Township 7 North and Range 16 West; then north
         along the range line common to Range 16 West and Range
         17 West to the north boundary of the Angeles National
         Forest (collinear with the Township line common to
         Township 8 North and Township 7 North); then west and
         north along the Angeles National Forest boundary to
         the point of intersection with the south boundary of
         the Rancho La Liebre Land Grant; then west and north
         along this land grant boundary to the Los Angeles-Kern
         County boundary.
    Orange County                                                ...............               Nonattainment            (\2\)        Subpart 2/Extreme.
    Riverside County (part)                                      ...............               Nonattainment            (\2\)        Subpart 2/Extreme.

[[Page 16451]]

 
        That portion of Riverside County, except that portion
         of the area defined below that lies within the Morongo
         Reservation or the Pechanga Reservation \c\, which
         lies to the west of a line described as follows:
         Beginning at the Riverside-San Diego County boundary
         and running north along the range line common to Range
         4 East and Range 3 East, San Bernardino Base and
         Meridian; then east along the Township line common to
         Township 8 South and Township 7 South; then north
         along the range line common to Range 5 East and Range
         4 East; then west along the Township line common to
         Township 6 South and Township 7 South to the southwest
         corner of Section 34, Township 6 South, Range 4 East;
         then north along the west boundaries of Sections 34,
         27, 22, 15, 10, and 3, Township 6 South, Range 4 East;
         then west along the Township line common to Township 5
         South and Township 6 South; then north along the range
         line common to Range 4 East and Range 3 East; then
         west along the south boundaries of Sections 13, 14,
         15, 16, 17, and 18, Township 5 South, Range 3 East;
         then north along the range line common to Range 2 East
         and Range 3 East; to the Riverside-San Bernardino
         County line.
        Morongo Reservation \c\                                  ...............               Nonattainment            (\2\)      Subpart 2/Severe-17.
        Pechanga Reservation \c\                                 ...............               Nonattainment            (\2\)      Subpart 2/Severe-17.
    San Bernardino County (part)                                 ...............               Nonattainment            (\2\)        Subpart 2/Extreme.
        That portion of San Bernardino County which lies south
         and west of a line described as follows: Beginning at
         the San Bernardino-Riverside County boundary and
         running north along the range line common to Range 3
         East and Range 2 East, San Bernardino Base and
         Meridian; then west along the Township line common to
         Township 3 North and Township 2 North to the San
         Bernardino-Los Angeles County boundary.
Los Angeles and San Bernardino Counties (Western Mojave          ...............               Nonattainment   ...............      Subpart 2/Moderate.
 Desert), CA
    Los Angeles County (part)                                    ...............               Nonattainment   ...............      Subpart 2/Moderate.

[[Page 16452]]

 
        That portion of Los Angeles County which lies north and
         east of a line described as follows: Beginning at the
         Los Angeles-San Bernardino County boundary and running
         west along the Township line common to Township 3
         North and Township 2 North, San Bernardino Base and
         Meridian; then north along the range line common to
         Range 8 West and Range 9 West; then west along the
         Township line common to Township 4 North and Township
         3 North; then north along the range line common to
         Range 12 West and Range 13 West to the southeast
         corner of Section 12, Township 5 North and Range 13
         West; then west along the south boundaries of Sections
         12, 11, 10, 9, 8, and 7, Township 5 North and Range 13
         West to the boundary of the Angeles National Forest
         which is collinear with the range line common to Range
         13 West and Range 14 West; then north and west along
         the Angeles National Forest boundary to the point of
         intersection with the Township line common to Township
         7 North and Township 6 North (point is at the
         northwest corner of Section 4 in Township 6 North and
         Range 14 West); then west along the Township line
         common to Township 7 North and Township 6 North; then
         north along the range line common to Range 15 West and
         Range 16 West to the southeast corner of Section 13,
         Township 7 North and Range 16 West; then along the
         south boundaries of Sections 13, 14, 15, 16, 17, and
         18, Township 7 North and Range 16 West; then north
         along the range line common to Range 16 West and Range
         17 West to the north boundary of the Angeles National
         Forest (collinear with the Township line common to
         Township 8 North and Township 7 North); then west and
         north along the Angeles National Forest boundary to
         the point of intersection with the south boundary of
         the Rancho La Liebre Land Grant; then west and north
         along this land grant boundary to the Los Angeles-Kern
         County boundary.
    San Bernardino County (part)                                 ...............               Nonattainment   ...............      Subpart 2/Moderate.

[[Page 16453]]

 
        That portion of San Bernardino County which lies north
         and east of a line described as follows: Beginning at
         the San Bernardino-Riverside County boundary and
         running north along the range line common to Range 3
         East and Range 2 East, San Bernardino Base and
         Meridian; then west along the Township line common to
         Township 3 North and Township 2 North to the San
         Bernardino-Los Angeles County boundary; And that
         portion of San Bernardino County which lies south and
         west of a line described as follows: latitude 35
         degrees, 10 minutes north and longitude 115 degrees,
         45 minutes west.
 
                                                                      * * * * * * *
San Diego County, CA:
    San Diego County (part)                                      ...............               Nonattainment   ...............               Subpart 1.
        That portion of San Diego County that excludes La Posta
         Areas 1 and 2,\b\ Cuyapaipe Area,\b\
         Manzanita Area,\b\ and Campo Areas 1 and
         2.\b\
    San Diego County (part)
        La Posta Areas 1 and 2 \b\             ...............   Unclassifiable/Attainment
        Cuyapaipe Area \b\                                       ...............   Unclassifiable/Attainment
        Manzanita Area \b\                                       ...............   Unclassifiable/Attainment
        Campo Areas 1 and 2 \b\                ...............   Unclassifiable/Attainment
 
                                                                      * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\b\ The boundaries for these designated areas are based on coordinates of latitude and longitude derived from EPA Region 9's GIS database and are
  illustrated in a map entitled ``Eastern San Diego County Attainment Areas for the 8-Hour Ozone NAAQS,'' dated March 9, 2004, including an attached set
  of coordinates. The map and attached set of coordinates are available at EPA's Region 9 Air Division office. The designated areas roughly approximate
  the boundaries of the reservations for these tribes, but their inclusion in this table is intended for CAA planning purposes only and is not intended
  to be a Federal determination of the exact boundaries of the reservations. Also, the specific listing of these tribes in this table does not confer,
  deny, or withdraw Federal recognition of any of the tribes so listed nor any of the tribes not listed.
\c\ The use of reservation boundaries for this designation is for purposes of CAA planning only and is not intended to be a Federal determination of the
  exact boundaries of the reservations. Nor does the specific listing of the Tribes in this table confer, deny, or withdraw Federal recognition of any
  of the Tribes listed or not listed.
\1\ This date is June 15, 2004, unless otherwise noted.
\2\ This date is June 4, 2010.

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[FR Doc. 2012-6562 Filed 3-20-12; 8:45 am]
BILLING CODE 6560-50-P
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