Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Proposed Rules 50577 

TABLE 1—ONE-HOUR OZONE DATA FOR THE SOUTHEAST DESERT 1-HOUR OZONE NONATTAINMENT AREA

General location Site (AQS ID) 

Expected exceedances by 

year 

Expected 

exceedances 

3-year 

average 

2011 2012 2013 

2011–2013 

Antelope Valley/Los Angeles County ....................................... Lancaster (06–037–9033) ....... 0.0 0.0 0.0 0.0 

Coachella Valley/Riverside County .......................................... Indio (06–065–2002) ............... 0.0 0.0 0.0 0.0 

Coachella Valley/Riverside County .......................................... Palm Springs (06–065–5001) 0.0 1.0 0.0 0.3 

Northern portion of SE Desert AQMA/San Bernardino County Barstow (06–071–0001) ......... 0.0 0.0 0.0 0.0 

SW portion of SE Desert AQMA/San Bernardino County ....... Hesperia (06–071–4001) ........ 1.0 0.0 0.0 0.3 

SW portion of SE Desert AQMA/San Bernardino County ....... Phelan (06–071–0012) ........... 0.0 0.0 0.0 0.0 

SW portion of SE Desert AQMA/San Bernardino County ....... Victorville (06–071–0306) ....... 0.0 0.0 0.0 0.0 

Joshua Tree National Park/San Bernardino County ................ Yucca Valley (06–071–9002) 0.0 0.0 0.0 0.0 

Source: AQS Quick Look Report, May 9, 2014 (in the docket to this proposed action). 

Generally, the highest ozone 

concentrations in the Southeast Desert 

occur in the far southwestern portion of 

the area, near mountain passes through 

which pollutants are transported to the 

Southeast Desert from the South Coast 

Air Basin. As shown in table 1, the 

highest three-year average of expected 

exceedances at any site in the Southeast 

Desert for 2011–2013 is 0.3 at Palm 

Springs in Riverside County and 

Hesperia in San Bernardino County. The 

calculated exceedance rate of 0.3 

represents attainment of the 1-hour 

ozone standard (a three-year average of 

expected exceedances less than or equal 

to 1). 

Taking into account the extent and 

reliability of the applicable ozone 

monitoring network, and the data 

collected therefrom and summarized in 

table 1, we propose to determine that 

the Southeast Desert has attained the 1- 

hour ozone standard (as defined in 40 

CFR part 50, appendix H) based on the 

most recent three years of monitoring 

data for the area (2011–2013). Data for 

2014 will be reviewed prior to our final 

action to ensure that it is consistent 

with continued attainment of the 1-hour 

ozone standard in the Southeast Desert. 

III. Proposed EPA Action and Request 

for Public Comment 

EPA is proposing to determine that 

the Southeast Desert Area has attained 

the 1-hour ozone standard based on 

complete, quality-assured and certified 

ambient air quality monitoring data for 

the 2011–2013 monitoring period. 

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. 

IV. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination based on air quality data 

and does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this 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 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, 

• Does not provide 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 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. 

Dated: August 12, 2014. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2014–20220 Filed 8–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2012–0233; FRL–9915–73– 

OAR] 

Air Quality Designations for the 2010 

Sulfur Dioxide (SO2) Primary National 

Ambient Air Quality Standard: Notice 

of Action Denying Petitions for 

Reconsideration and Stay Request 

AGENCY: Environmental Protection 

Agency. 

ACTION: Action denying petitions for 

reconsideration and stay request. 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice that it 

has responded to two petitions for 

reconsideration of a rule published in 

the Federal Register on August 5, 2013, 

that promulgated the initial air quality 

designations for the 2010 Primary SO2

National Ambient Air Quality Standard 

(NAAQS) for certain areas in the United 

States. The rule is titled ‘‘Air Quality 

Designations for the 2010 Sulfur 

Dioxide (SO2) Primary National 


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50578 Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Proposed Rules 

Ambient Air Quality Standard.’’ One 

petition was submitted by the Treasure 

State Resource Industry Association and 

Yellowstone County, and the other 

petition was submitted by the Montana 

Sulphur and Chemical Company (the 

Petitioners). The EPA carefully 

considered these petitions and 

supporting information, along with 

information contained in the 

rulemaking docket, in reaching 

decisions on these petitions. The EPA 

denied the petitions for reconsideration 

in separate letters to the Petitioners 

dated August 14, 2014. The letters 

explain the EPA’s reasons for the 

denials. One of the Petitioners also 

requested that the EPA stay the 

effectiveness of the designations rule, 

pending reconsideration. Because the 

EPA denied the reconsideration 

requests, the EPA also denied the stay 

request. 

DATES: The petitions for reconsideration 

and stay request were denied August 14, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Rhonda Wright, Air Quality Policy 

Division, Office of Air Quality Planning 

and Standards, U.S. Environmental 

Protection Agency, Mail code C539–04, 

Research Triangle Park, NC 27711; 

telephone: (919) 541–1087; email: 

wright.rhonda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Where can I get copies of this 

document and other related 

information? 

This Federal Register notice, the 

petitions for reconsideration and the 

response letters to the Petitioners are 

available in the EPA’s docket 

established for the rulemaking to 

promulgate the air quality designations 

for the 2010 SO2 NAAQS, under Docket 

ID No. EPA–HQ–OAR–2012–0233. The 

table below identifies the Petitioners, 

the date the EPA received the petitions, 

the document identification number of 

the petitions, the date of the EPA’s 

responses and the document 

identification numbers for the EPA’s 

responses. 

Petitioner Dates of petitions to the EPA 

Petition: 

document No. 

in docket 

Date of the EPA 

response 

The EPA response: 

document No. in 

docket 

Billings, MO Nonattainment Area 

Montana Sulphur & Chemical Company ... October 4, 2013 .......................... –0356 August 14, 2014 ............ [INSERT No.] 

Treasure State Resource Industry Association and Yellowstone County.November 26, 2013 .................... –0360 August 14, 2014 ............ [INSERT No.] 

All documents in the docket are listed 

in the index at http://

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., confidential 

business information or other 

information where disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA’s Docket Center, Public Reading 

Room, U.S. Environmental Protection 

Agency, William Jefferson Clinton West 

Building, 1301 Constitution Avenue, 

Northwest, Room 3334, Washington, DC 

20004. This Docket Center is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. 

In addition, the EPA has established 

a Web site for the SO2 designations 

rulemaking at http://www.epa.gov/

so2designations. This Federal Register 

notice, the petitions for reconsideration 

and the response letters to the 

Petitioners are also available on this 

Web site along with other information 

relevant to the designations process. 

II. Judicial Review 

Section 307(b)(1) of the Clean Air Act 

indicates which Federal Courts of 

Appeal have venue for petitions for 

review of final actions by the EPA. This 

section provides, in part, that petitions 

for review must be filed in the Court of 

Appeals for the District of Columbia 

Circuit (i) when the agency action 

consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ In the rule establishing 

air quality designations for the 2010 SO2

NAAQS, the EPA determined that the 

actions are of nationwide scope and 

effect for the purposes of section 

307(b)(1). [See 78 FR 47191, 47197 

(August 5, 2013)]. 

The EPA has determined that its 

actions denying these petitions for 

reconsideration also are of nationwide 

scope and effect because they directly 

relate to the SO2 designations 

rulemaking that the EPA previously 

determined is of nationwide scope and 

effect. Thus, any petition for review of 

the final letters denying the petitions for 

reconsideration must be filed in the 

Court of Appeals for the District of 

Columbia Circuit on or before October 

24, 2014. 

Dated: August 15, 2014. 

Janet McCabe, 

Acting Assistant Administrator, Office of Air 

Radiation. 

[FR Doc. 2014–20216 Filed 8–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Parts 1500, 1501, 1502, 1503, 

1505, 1506, 1507, and 1508 

Effective Use of Programmatic NEPA 

Reviews 

AGENCY: Council on Environmental 

Quality. 

ACTION: Notice of Availability, Request 

for Public Comments on Draft Guidance 

on Effective Use of Programmatic 

National Environmental Policy Act 

Reviews. 

SUMMARY: The Council on 

Environmental Quality (CEQ) is 

publishing draft guidance on when and 

how Federal agencies can effectively use 

National Environmental Policy Act 

(NEPA) programmatic reviews. 

Guidance on programmatic NEPA 

reviews has been requested by the 

agencies and attention on programmatic 

NEPA reviews has increased as agencies 

are increasingly undertaking broad 

landscape scale analyses for proposals 

that affect the resources they manage. 

This guidance is designed to assist 

agency decision-makers and the public 


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