Clean Air Act Promulgation of Extension of Attainment Date for the San Diego, California Serious Ozone Nonattainment Area

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: October 11, 2000 (Volume 65, Number 197)]
[Rules and Regulations]
[Page 60362-60365]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc00-13]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[CA-029-EXTa; FRL-6872-8]

Clean Air Act Promulgation of Extension of Attainment Date for
the San Diego, California Serious Ozone Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is extending the attainment date for the San Diego serious
ozone nonattainment area from November 15, 1999, to November 15, 2000.
This extension is based in part on monitored air quality readings for
the 1-hour national ambient air quality standard (NAAQS) for ozone
during 1999. Accordingly, we are updating the table concerning
attainment dates for the State of California. In this action, we are
approving the State's request through a ``direct final'' rulemaking.
Elsewhere in this Federal Register, we are proposing approval and
soliciting written comment on this action; 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 attainment date extension request.

DATES: This direct final rule is effective December 11, 2000 unless
before November 13, 2000 adverse comments are received. If adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register, and inform the public that the rule
will not take effect.

ADDRESSES: Please address your comments to the EPA contact below. You
may inspect and copy the rulemaking docket for this notice at the
following location during normal business hours. We may charge you a
reasonable fee for copying parts of the docket. Environmental
Protection Agency, Region 9, Air Division, Air Planning Office (AIR-2),
75 Hawthorne Street, San Francisco, CA 94105-3901.
Copies of the SIP materials are also available for inspection at
the addresses listed below:

California Air Resources Board, 2020 L Street, Sacramento, CA 92123-
1095
San Diego County Air Pollution Control District, 9150 Chesapeake Drive,
San Diego, CA 92123-1096

FOR FURTHER INFORMATION CONTACT: Dave Jesson, Air Planning Office (AIR-
2), Air Division, U.S. EPA, Region 9, 75 Hawthorne Street, San
Francisco, CA 94105-3901. Telephone: (415) 744-1288. E-mail:
jesson.david@epa.gov

SUPPLEMENTARY INFORMATION:

Request for Attainment Date Extension for the San Diego Area

On May 15, 2000, the State of California requested a one-year
attainment date extension for the San Diego serious ozone nonattainment
area. This area, which consists of San Diego County, is currently
designated a serious ozone nonattainment area. The statutory ozone
attainment date, as prescribed by section 181(a) of the Clean Air Act
as amended in 1990 (``the Act''), was November 15, 1999.

[[Page 60363]]

CAA Requirements Concerning Designation and Classification

Section 107(d)(4) of the Act required the States and EPA to
designate areas as attainment, nonattainment, or unclassifiable for
ozone as well as other pollutants for which national ambient air
quality standards (NAAQS) have been set. Section 181(a)(1) required
that ozone nonattainment areas be classified as marginal, moderate,
serious, severe, or extreme, depending on their air quality.
In a series of Federal Register documents, we completed this
process by designating and classifying all areas of the country for
ozone. See, e.g., 56 FR 58694 (Nov. 6, 1991), and 57 FR 56762 (Nov. 30,
1992). San Diego County was originally classified as severe, but was
reclassified as serious based upon our determination that the ozone
value used in the original classification was incorrect. See 60 FR 3771
(Jan. 19, 1995).
Areas designated nonattainment for ozone are required to meet
attainment dates specified under the Act. As noted, the San Diego ozone
nonattainment area was reclassified as serious. By this classification,
its attainment date became November 15, 1999. A discussion of the
attainment dates is found in EPA's General Preamble for Implementation
of Title I of the Clean Air Act Amendments of 1990. See 57 FR 13498
(April 16, 1992).

CAA Requirements Concerning Meeting the Attainment Date

Section 181(b)(2)(A) requires the Administrator, within six months
of the attainment date, to determine whether ozone nonattainment areas
attained the NAAQS. For ozone, we determine attainment status on the
basis of the expected number of exceedances of the NAAQS over the
three-year period up to, and including, the attainment date. See
General Preamble, 57 FR 13506. In the case of serious ozone
nonattainment areas, the three-year period is 1997-1999.
A review of the actual ambient air quality ozone data from the EPA
Aerometric Information Retrieval System (AIRS) shows that three air
quality monitors located in the San Diego ozone nonattainment area
recorded exceedances of the NAAQS for ozone during the three-year
period from 1997 to 1999.\1\ (See Table 1.) There were 9 exceedances at
the Alpine monitor, an average of more than 1.0 over the three-year
period, which constitutes a violation of the ozone NAAQS for the San
Diego area during this three-year period. Thus, the area did not meet
the November 15, 1999 attainment date.
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\1\ AIRS Data Monitor Values Reports are available
electronically at http://www.epa.gov/airsdata/monvals.htm

Table 1.--Exceedances of the 1-Hour Ozone NAAQS in San Diego 1997-1999
[Source: AIRS]
------------------------------------------------------------------------
Exceedances
Monitoring Station -----------------------------------
1997 1998 1999 Total
------------------------------------------------------------------------
Chula Vista......................... 0 0 0 0
El Cajon............................ 0 1 0 1
Oceanside........................... 0 0 0 0
San Diego (Overland)................ 0 1 0 1
Del Mar............................. 0 0 0 0
Escondido........................... 0 0 0 0
Alpine.............................. 1 8 0 9
San Diego (12th St.)................ 0 0 0 0
Camp Pendleton...................... 0 0 0 0
Otay Mesa........................... 0 0 0 0
------------------------------------------------------------------------

CAA Provisions Authorizing a One-Year Extension of the Attainment
Date

CAA section 181(b)(2)(A) states that, for areas classified as
marginal, moderate, or serious, if the Administrator determines that
the area did not attain the standard by its attainment date, the area
must be reclassified upwards. However, CAA section 181(a)(5) provides
an exemption from these bump up requirements. Under this exemption, we
may grant up to 2 one-year extensions of the attainment date under
specified conditions:
Upon application by any State, the Administrator may extend for 1
additional year (hereinafter referred to as the ``Extension Year'') the
date specified in table 1 of paragraph (1) of this subsection if--
(A) the State has complied with all requirements and commitments
pertaining to the area in the applicable implementation plan, and
(B) no more than 1 exceedance of the national ambient air quality
standard level for ozone has occurred in the area in the year preceding
the Extension Year.
No more than 2 one-year extensions may be issued under this
paragraph for a single nonattainment area.
We interpret this provision to authorize the granting of a one-year
extension under the following minimum conditions: (1) The State
requests a one-year extension; (2) all requirements and commitments in
the EPA-approved SIP for the area have been complied with; and (3) the
area has no more than one measured exceedance of the NAAQS during the
year at any one monitor that includes the attainment date (or the
subsequent year, if a second one-year extension is requested).
We have determined that the requirements for a one-year extension
of the attainment date have been fulfilled as follows:
(1) California has formally submitted the attainment date extension
request, in a letter dated May 15, 2000, from Michael P. Kenny,
Executive Officer, California Air Resources Board, to P. Kenny,
Executive Officer, California Air Resources Board, to Felicia Marcus,
EPA Regional Administrator, Region 9.
(2) California is currently implementing the EPA-approved SIP. The
State's letter, cited above, discusses implementation of State measures
in the SIP, and shows that these measures plus new State measures have
achieved an overall surplus of emission reductions beyond those assumed
in the SIP. The State also attached a letter dated March

[[Page 60364]]

13, 2000, from R. J. Sommerville, Director, San Diego County Air
Pollution Control District, which provides evidence that all District
SIP rules have been fully implemented.
(3) California has certified that the area has monitored no
exceedances during 1999. This is also reflected in the quality-assured
ambient ozone data shown in Table 1 above.
Because the statutory provisions have been satisfied, we approve
California's attainment date extension request for the San Diego ozone
nonattainment area. As a result, the chart in 40 CFR 81.305 entitled
``California--Ozone'' is being modified to extend the attainment date
for the San Diego ozone nonattainment area from November 15, 1999, to
November 15, 2000.
We are approving the attainment date extension without prior
proposal because the Agency views this as a noncontroversial amendment
and anticipates no adverse comments. However, elsewhere in the proposed
rule section of today's Federal Register we are publishing a proposal
to approve this part 81 action should adverse or critical comments be
filed. This action will be effective December 11, 2000 unless before
November 13, 2000 adverse or critical comments are received.
If we receive such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. We will not institute a second comment period on this
action. 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 on December 11, 2000.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Executive Order 13045

Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866; and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.

C. Executive Order 13084

Under Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation.
In addition, Executive Order 13084 requires EPA to develop an
effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.'' Today's rule does not
significantly or uniquely affect the communities of Indian tribal
governments. Accordingly, the requirements of section 3(b) of Executive
Order 13084 do not apply to this rule.

D. Executive Order 13132

Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999) revokes and replaces Executive Orders 12612, Federalism and
12875, Enhancing the Intergovernmental Partnership. Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.'' Under
Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
This rule will 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), because it merely approves a state request for
an attainment date extension, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. Thus, the requirements of section 6 of the Executive Order do
not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
Extension of an area's attainment date under the CAA does not
impose any new requirements on small entities.

[[Page 60365]]

Extension of an attainment date is an action that affects a
geographical area and does not impose any regulatory requirements on
sources. EPA certifies that the approval of the attainment date
extension will not have a significant economic impact on a substantial
number of small entities.

F. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the promulgated attainment date extension
does not include a Federal mandate that may result in estimated annual
costs of $100 million or more to either State, local, or tribal
governments in the aggregate, or to the private sector. This Federal
action imposes no new requirements. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, result
from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major'' rule as defined by 5 U.S.C.
804(2).

H. National Technology Transfer and Advancement Act

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.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

I. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 11, 2000. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

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: September 8, 2000.
Felicia Marcus,
Regional Administrator, Region IX.

Part 81 of chapter I, title 40 of the Code of Federal Regulations
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 et seq.

2. In Sec. 81.305 the ``California--ozone'' table is amended by
revising the entry for San Diego area to read as follows:

Sec. 81.305 California.

* * * * *

California--Ozone
[1-Hour Standard]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date 1 Type Date 1 Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
San Diego Area:
San Diego County.................... 11/15/90 Nonattainment 2/21/95 Serious 2

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 This date is November 15, 1990, unless otherwise noted.
2 Attainment date is extended to November 15, 2000.

* * * * *
[FR Doc. 00-25926 Filed 10-10-00; 8:45 am]
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Clean Air Act Promulgation of Extension of Attainment Date for the San Diego, California Serious Ozone Nonattainment Area

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