Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Rules and Regulations 3771

interim approval expires February 19,

1997.

(b) Reserved.

[FR Doc. 95–928 Filed 1–18–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 81

[CA–103–1–6722 FRL–5125–2]

Designation of Areas for Air Quality

Planning Purposes; State of California;

Correction of Design Value for San

Diego Ozone Nonattainment Area;

Reclassification of San Diego Ozone

Nonattainment Area to Serious

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This document announces the

EPA Region IX decision to reclassify the

San Diego, California, ozone

nonattainment area (San Diego) from

severe to serious. San Diego was

classified as a severe ozone

nonattainment area by EPA on

November 6, 1991 (56 FR 56694).

However, EPA has determined that the

ozone design value of .190 ppm

published by EPA and used in

classifying San Diego as a severe ozone

nonattainment area was incorrect. The

correct monitored ozone design value

was .185 ppm. This design value falls

within the range of values which would

have provided the opportunity for the

State to request reclassification of San

Diego under section 181(a)(4) of the

Clean Air Act, as amended in 1990

(CAA or the Act). Pursuant to section

110(k) of the Act, which allows EPA to

correct its actions, EPA is today

publishing the correct design value of

.185 ppm and is granting the State’s

request to reclassify the San Diego

nonattainment area under section

181(a)(4).

EFFECTIVE DATE: February 21, 1995.

FOR FURTHER INFORMATION CONTACT:

Angela Baranco, Plans Development

Section (A–2–2), Air Planning Branch,

United States Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, California, 94105,

(415) 744–1196.

SUPPLEMENTARY INFORMATION:

Background

Prior to the 1990 amendments to the

Act, EPA identified and designated

nonattainment areas with respect to the

National Ambient Air Quality Standards

(NAAQS). For such areas, States

submitted State Implementation Plans

(SIPs) to control emissions and achieve

attainment of the NAAQS. The San

Diego ozone nonattainment area (San

Diego) was originally designated as

nonattainment for ozone on March 3,

1978 (as well as for other pollutants not

addressed in this document). The SIP

for San Diego was first adopted in the

early 1970’s. The revised SIP was fully

approved by EPA on November 25, 1983

(48 FR 53114) and December 28, 1983

(48 FR 57130).

Under the 1990 amendments to the

Act, San Diego retained its designation

of nonattainment and was classified as

severe by operation of law pursuant to

sections 107(d) and 181(a) upon the date

of enactment of the CAA. See 56 FR

56694 (November 6, 1991). This

classification was required to be based

on the design value for the area. The

actual monitored value for San Diego

was .185 ppm. This value was reported

to the California Air Resources Board

(CARB), which rounded the value to .19

ppm and submitted it to EPA. EPA

published this number as .190 ppm in

its November 6, 1991 Federal Register

document.

CAA Provisions

A. Correction of Error Under Section

110(k)(6)

Section 110(k)(6) of the Act provides:

Whenever the Administrator determines

that the Administrator’s action approving,

disapproving, or promulgating any plan or

plan revision (or part thereof), area

designation, redesignation, classification, or

reclassification was in error, the

Administrator may in the same manner as the

approval, disapproval, or promulgation

revise such action as appropriate without

requiring any further submission from the

State. Such determination and the basis

thereof shall be provided to the State and

public.

EPA interprets this provision to

authorize the Agency to make

corrections to a promulgation when it is

shown to EPA’s satisfaction that: (1)

EPA erred in failing to consider or

inappropriately considered information

made available to EPA at the time of the

promulgation, or the information made

available at the time of promulgation is

subsequently demonstrated to have been

clearly inadequate; and (2) other

information persuasively supports a

change in the promulgation.

EPA’s initial action in classifying San

Diego was based on an ozone design

value of .190 ppm. That information

was subsequently demonstrated to have

been incorrect, and the true design

value was .185 ppm. Accordingly, in

today’s action, EPA is correcting this

error by publishing the correct design

value of .185 ppm for San Diego.

B. Classification Adjustment Under

Section 181(a)(4)

Section 181(a)(4) of the Act provides

a 90-day period following publication of

a classification during which any

nonattainment area with a design value

within 5 percent of the next higher or

lower classification may request to be

reclassified. When EPA published .190

ppm as the ozone design value, the San

Diego planning staff concluded it could

not take advantage of the five-percent

classification adjustment provision

because this value does not fall within

5 percent of the cutoff for classification

as serious. However, the correct value of

.185 ppm does fall within 5 percent of

this number (.179 ppm). When the

discrepancy in the ozone design values

was discovered, the State requested that

EPA reclassify San Diego. After

determining that the original

classification had been based on an

erroneous design value, and that the

error may be corrected pursuant to

section 110(k)(6), EPA accepted the

State’s request, made by letter dated July

19, 1993, to reclassify the San Diego

ozone nonattainment area from severe to

serious under section 181(a)(4).

C. Criteria for Reclassification

Section 181(a)(4) of the CAA provides

general guidelines to determine whether

an area qualifies for a classification

adjustment:

In making such adjustment, the

Administrator may consider the number of

exceedances of the (NAAQS) for ozone in the

area, the level of pollution transport between

the area and other affected areas, including

both intrastate and interstate transport, and

the mix of sources and air pollutants in the

area.

EPA interprets this provision to mean

that the area must demonstrate that it

can attain the ozone NAAQS by the

earlier date required by the lower

classification. As discussed in more

detail in subsection 3 below, San Diego

has submitted a preliminary

demonstration that ‘‘but for transport’’,

it would attain the ozone NAAQS by the

1999 attainment deadline for serious

areas. Documentation concerning each

of the section 181(a)(4) criteria has been

submitted by San Diego as part of this

demonstration and is discussed briefly

below. For a detailed discussion and

analysis of these submissions please

refer to EPA’s Technical Support

Document (TSD).

1. Exceedances

San Diego submitted data concerning

the number of exceedances per year

from 1980 to 1992. This data shows a

clear downward trend projecting zero

exceedances in 1999.
3772 Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Rules and Regulations

2. Pollution Sources

San Diego provided information

regarding the mix of sources and air

pollutants which shows that on-road

motor vehicle emissions are projected to

decline through 1999 and beyond, and

that other anthropogenic emissions will

remain more or less constant. Based on

these projections, motor vehicle

emissions should not undermine San

Diego’s overall downward trends for

both short and long term emissions.

3. Attainment Demonstration and

Transport

In initial responses to requests for

reclassification under section 181(a)(4),

EPA required that an area under

consideration for a classification

downwards show that it would attain

the NAAQS by the earlier attainment

deadline, including transported

emissions from upwind areas. However,

EPA has recently issued guidance that

allows attainment date extensions for

downwind nonattainment areas which

are overwhelmingly affected by

transported pollutants from

nonattainment areas of higher

classifications, and which would

otherwise attain the NAAQS for ozone

(‘‘Ozone Attainment Dates for Areas

Affected by Overwhelming Transport’’,

Mary D. Nichols, Assistant

Administrator for Air and Radiation,

September 1, 1994). Under the new

policy, a downwind area must

demonstrate attainment of the NAAQS

for locally generated ozone episodes by

the attainment date specified by its new

classification and demonstrate

attainment under transport conditions

except for transported pollutants.

San Diego has provided a credible

preliminary showing that it meets the

requirements for demonstrating

attainment by 1999 or locally generated

ozone episodes and under transport

conditions except for transported

pollutants. This showing contained data

showing overwhelming transport from

the South Coast Air Basin, including a

detailed discussion of San Diego’s

transport assessment methodology. San

Diego also submitted preliminary

documentation of modeling being

prepared for its November 15, 1994

attainment demonstration. San Diego

has modeled both a local and a transport

ozone episode using the Urban Airshed

Model (UAM). This preliminary

showing demonstrates that San Diego

will attain the ozone NAAQS ‘‘but for’’

transported emissions by 1999. For an

in-depth discussion and analysis of San

Diego’s preliminary showing, refer to

EPA’s technical support document.

4. Other Factors

Discontinuity: A 5-percent

classification downwards must not

result in an illogical or excessive

discontinuity relative to surrounding

areas. In particular, in light of the areawide nature of ozone formation, a

classification downwards should not

create a ‘‘donut hole’’ where an area of

one classification is surrounded by areas

of higher classification. The San Diego

nonattainment area is bordered by the

South Coast air district, an ‘‘extreme’’

ozone nonattainment area which

transports emissions to San Diego from

the north and west, and by the Imperial

County air district, which is a

‘‘transitional’’ ozone nonattainment

area. A serious classification falls

between the classifications of the

surrounding areas, and thus does not

constitute discontinuity.

5. Affect on November 15, 1994

Attainment Demonstration

The State must submit a full

attainment demonstration (including

transport) for San Diego on November

15, 1994, as required by the Clean Air

Act. This demonstration must be in

accord with all generally applicable

requirements of section 110 of the Act,

the requirements of section 182(c)(2)(A),

and the EPA policy memo ‘‘Ozone

Attainment Dates for Areas Affected by

Overwhelming Transport’’ issued by

Mary Nichols on September 1, 1994.

This SIP submission will be reviewed in

its entirety when submitted.

EPA’s action today reclassifying San

Diego does not constitute approval of

the attainment demonstration which is

due on November 15, 1994, and EPA

does not by this action take a position

concerning the approvability of the

emission inventory, modelling, or

control measures relied upon in the

preliminary attainment demonstration.

Today’s Action

A. Final Action

In the Federal Register of November

6, 1991 (56 FR 56694), EPA issued a

final rule promulgating the

designations, boundaries, and

classifications of ozone nonattainment

areas (and for nonattainment areas for

other pollutants not addressed in this

action). In today’s action, EPA is

correcting its action, with respect to the

publication of the .190 ppm ozone

design value for San Diego and

publishing the actual monitored value

of .185 ppm in accordance with section

110(k)(6). In addition, EPA is

reclassifying San Diego as a serious

ozone nonattainment area pursuant to

section 181(a)(4).

In accordance with CAA sections

107(d)(2)(B), 110(k)(6), 172(a)(1)(B), and

181(a)(3) and (a)(4), this document is a

final publication of the ozone design

value for San Diego and of the

reclassification of San Diego to a serious

ozone nonattainment area, and is not

subject to the notice and comment

provisions of sections 553 through 557

of Title 5.

List of Subjects in 40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

Dated: December 13, 1994.

Carol Browner,

Administrator.

Therefore, 40 CFR part 81 is amended

as follows:

PART 81—[AMENDED]

1. The authority citation for part 81

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

2. In § 81.305 the table for

‘‘California—Ozone’’ is amended by

revising the entry ‘‘San Diego Area’’ to

read as follows:

§ 81.305 California.

* * * * *
Federal Register / Vol. 60, No. 12 / Thursday, January 19, 1995 / Rules and Regulations 3773

CALIFORNIA—OZONE

Designated area

Designation Classification

Date1 Type Date1 Type

* * * * * * *

San Diego Area ...................... ............................................................ ......................

San Diego County ................................................... ........................... Nonattainment ......................................... ........................... Serious.

* * * * * * *

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

* * * * *

[FR Doc. 95–1317 Filed 1–18–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 90

[GN Docket No. 93–252, PR Docket No. 89–

553; FCC 94–331]

Implemenation of Sections 3(n) and

332 of the Communications Act

AGENCY: Federal Communications

Commission.

ACTION: Final Rule; Order on

reconsideration.

SUMMARY: This Order on

Reconsideration in GN Docket No. 93–

252 and PR Docket No. 89–553 is a

partial reconsideration of the Third

Report and Order in GN Docket No. 93–

252, (‘‘CMRS Order’’). In this

reconsideration, the Commission

decides not to suspend granting of

secondary site authorizations for

incumbent 900 MHz Specialized Mobile

Radio (‘‘SMR’’) systems, as originally

determined in the CMRS Order. In the

CMRS Order, the Commission decided

not to grant any further secondary site

authorizations, which would have

allowed existing 900 MHz SMR

operators to construct facilities outside

of their Designated Filing Areas

(‘‘DFAs’’), enabling them to expand

their systems or link facilities in

different markets. The Commission had

reasoned that, even though these

secondary sites would not be entitled to

protection from co-channel interference

and may have to discontinue operation

eventually, it would contaminate the

900 MHz band to continue to license

secondary sites in advance of Major

Trading Area (‘‘MTA’’) licensing. On

reconsideration, however, the

Commission concludes that such an

outright prohibition on further

secondary site licensing imposes a

significant burden on existing 900 MHz

SMR licensees that are building out

their systems and intend to become

MTA licensees, which would also delay

the availability of service to customers.

Also, the Commission emphasizes that

secondary site operators assume the risk

of having to discontinue operations in

the event of interference to an MTAlicensed system. Thus, the Commission

will continue to process and grant

secondary site authorizations to

qualified applicants.

FOR FURTHER INFORMATION CONTACT:

Amy J. Zoslov at (202) 418–0620,

Wireless Telecommunications Bureau,

Commercial Radio Division.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission Order on

Reconsideration in GN Docket No. 93–

252 and PR Docket No. 89–553, adopted

December 21, 1994, and released

December 22, 1994. The full text of this

Order on Reconsideration is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, N.W., Washington, D.C., and may

also be purchased from the

Commission’s copy contractor,

International Transcription Services,

(202) 857–3800, 2100 M Street, N.W.,

Suite 140, Washington, D.C. 20037.

Synopsis of Order on Reconsideration

1. The Order, taken on the

Commission’s own motion, reverses the

Commission’s decision in the CMRS

Order, 59 FR 59945 (11/21/94), to

suspend further granting of secondary

site authorizations for 900 MHz SMR

systems pending the implementation of

new service and licensing rules for

those SMR systems.

2. By way of background, the

Commission adopted new licensing

rules for this service in the CMRS Order,

dividing 200 channels into 20 blocks of

10 channels each, using MTAs as the

service area for each license, and using

competitive bidding selection for

mutually exclusive applications. The

incumbent systems already licensed in

the DFAs (which correspond to the top

50 major markets) were grandfathered,

i.e., given co-channel interference

protection for existing facilities, but

were not allowed to expand beyond

existing service areas unless they

obtained MTA licenses. Some

incumbents had been granted

authorizations to construct facilities

outside their DFAs to expand their

systems or link facilities in different

markets, which became ‘‘secondary

sites,’’ i.e., not entitled to co-channel

interference protection, when the

Commission discontinued primary site

licensing in 1986. The CMRS Order

established that any 900 MHz SMR

secondary sites licensed before August

10, 1994, would be entitled to primary

site protection, so as to avoid

discontinuation of operations for such

sites that had become integral to the

existing systems. In this connection, the

Commission decided not to license any

further secondary sites to avoid

contamination of the 900 MHz band in

advance of MTA licensing.

3. In this Order, the Commission

concludes that an outright prohibition

on further licensing of secondary sites

imposes a significant burden on 900

MHz incumbents who are building out

systems and who intend to become

MTA licensees. A suspension of

licensing would delay service to

consumers until the new 900 MHz rules

are adopted and selection of licensees

takes place. Also, as secondary sites are

not entitled to interference protection,

and secondary site-holders assume the

risk of discontinuation, the Commission

concludes that this policy will not

contribute to spectrum contamination.

Thus, the Commission will continue to

grant secondary site authorizations to

qualified SMR applicants in the 900

MHz band, subject to strict enforcement

of the no-interference policy regarding

secondary operation, defined in 47 CFR

90.7.

List of Subjects in 47 CFR Part 90

Administrative practice and

procedure, Radio.