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

ENVIRONMENTAL PROTECTION AGENCY

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.

[[Page 3772]]

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 area-wide 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 Sec. 81.305 the table for ``California--Ozone'' is amended by

revising the entry ``San Diego Area'' to read as follows:

Sec. 81.305 California.

* * * * *

[[Page 3773]]

California--Ozone

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated area --------------------------------------------------------------------------------------

Date\1\ Type Date\1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * *

*

San Diego Area

.................. .................. ..................

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

* * * * * *

*

----------------------------------------------------------------------------------------------------------------

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

* * * * *

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

BILLING CODE 6560-50-P