

[Federal Register: May 11, 2007 (Volume 72, Number 91)]
[Rules and Regulations]               
[Page 26718-26721]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my07-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2007-0101; FRL-8308-4]

 
Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes: California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting a request submitted by the State to 
redesignate the South Coast from nonattainment to attainment for the CO 
National Ambient Air Quality Standards (NAAQS). EPA is also approving a 
state implementation plan (SIP) revision for the South Coast 
nonattainment area in California as meeting the Clean Air Act (CAA) 
requirements for maintenance plans for carbon monoxide (CO). EPA is 
finding adequate and approving motor vehicle emission budgets, which 
are included in the maintenance plan. Finally, EPA is approving the 
California motor vehicle inspection and maintenance (I/M) program as 
meeting the low enhanced I/M requirements for CO in the South Coast.

DATES: Effective Date: This rule is effective on June 11, 2007.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at EPA 
Region 9's Air Planning Office (AIR-2), 75 Hawthorne Street, San 
Francisco, CA 94105-3901. Due to increased security, we suggest that 
you call at least 24 hours prior to visiting the Regional Office so 
that we can make arrangements to have someone meet you.

Electronic Availability

    This document and our proposed rule, which was published on 
February 14, 2007, are also available at http://www.regulations.gov for docket 

number EPA-R09-OAR-2007-0101.

FOR FURTHER INFORMATION CONTACT: David Jesson, U.S. EPA Region 9, 415-
972-3961, david.jesson@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' mean U.S. EPA.

Table of Contents

I. Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

[[Page 26719]]

I. Proposed Action

    On February 14, 2007 (72 FR 6986), we proposed to approve the 2005 
Carbon Monoxide Redesignation Request and Carbon Monoxide Maintenance 
Plan for the South Coast Air Basin (Maintenance Plan) as meeting the 
requirements of CAA sections 107(d)(3)(E) and 175A. We also proposed to 
approve and find adequate the motor vehicle emissions budgets (MVEBs) 
submitted with the Maintenance Plan.
    We proposed to approve the request by the State of California to 
redesignate the area to attainment for CO under the provisions of CAA 
section 107(d)(3)(E). Section 107(d)(3)(E) authorizes the EPA 
Administrator to redesignate areas to attainment if the area has 
attained the NAAQS due to permanent and enforceable emission 
reductions, and the approved SIP for the area meets all of the 
applicable requirements of CAA section 110 (basic requirements 
applicable to SIPs generally), Part D (special SIP requirements 
applicable to nonattainment areas), and 175A (SIP requirements for 
maintenance areas).
    As part of our proposed determination that California has met 
applicable Part D provisions, we proposed to adapt to CO nonattainment 
areas the provisions of our Clean Data Policy, which was initially 
established for ozone (see discussion at 72 FR 6989). Under the Clean 
Data Policy, certain CAA Part D requirements--including the 
requirements for developing attainment demonstrations, reasonable 
further progress (RFP) plans, reasonably available control measures 
(RACM) and contingency measures--no longer apply because the area has 
already attained the NAAQS.
    Finally, because our interim approval of California's I/M program 
for CO in the South Coast expired on August 7, 1998, California 
submitted a demonstration that the I/M program meets the low-enhanced 
requirements applicable to the South Coast CO nonattainment area (see 
discussion in section III.B.4. We proposed to approve that 
demonstration.

II. Public Comments

    Our February 14, 2007 proposed rule provided a 30-day public 
comment period, which closed on March 16, 2007. We received no comments 
on our proposal during this period.

III. Final Action

    We are taking final action to redesignate the South Coast from 
nonattainment to attainment for the CO National Ambient Air Quality 
Standards (NAAQS) under CAA section 107(d)(3)(E).
    We are approving the following SIP revision as meeting the Clean 
Air Act (CAA) requirements for maintenance plans for carbon monoxide 
(CO) under CAA section 175A: 2005 Carbon Monoxide Redesignation Request 
and Carbon Monoxide Maintenance Plan for the South Coast Air Basin, 
adopted by the SCAQMD on March 4, 2005, and adopted and submitted by 
the CARB on February 24, 2006.\1\
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    \1\ A letter from CARB dated August 11, 2006, contained 
information related to the enhanced I/M program, but we are not 
incorporating this letter in the approved SIP.
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    We are approving Appendix V, page V-5-4, Table 5-2--``Carbon 
Monoxide Emissions (tons/day) Projected from 1993 through 2000 for the 
South Coast Air Basin,'' in the 1997 CO Plan for the South Coast, 
adopted by SCAQMD on November 15, 1996, and adopted and submitted by 
CARB on February 5, 1997, as meeting the requirements of CAA section 
187(b)(2) relating to transportation control measures to offset 
emissions associated with growth in vehicle miles traveled and vehicle 
trips.
    We are finding adequate and approving under CAA section 176(c) the 
following motor vehicle emission budgets included in the maintenance 
plan: 2888 tons per day of CO for 2005, and 2137 tons per day of CO for 
2010, 2015, and 2020.
    We are approving the State's demonstration that the California 
motor vehicle inspection and maintenance (I/M) program meets the low 
enhanced I/M requirements for CO in the South Coast under CAA section 
187(a)(6). The State's I/M program submittal of January 22, 1996, 
remains an approved part of the SIP, following its approval on January 
8, 1997 (62 FR 1150).

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
(Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves changes to state law as meeting Federal requirements, 
and imposes no additional requirements beyond those imposed by state 
law. Accordingly, the Administrator certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rule approves pre-existing requirements under state law 
and does not impose any additional enforceable duty beyond that 
required by state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 97249, November 9, 2000), nor will it 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 rule implementing a Federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the CAA. This rule also is not subject 
to Executive Order 13045 ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because 
it approves a state plan implementing a Federal Standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP, to use 
VCS in place of a SIP submission that otherwise satisfies the 
provisions of the Clean Air Act. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1995 
(15 U.S.C. 272 note) do not apply.
    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

[[Page 26720]]

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 action is not a major rule as defined by 5 U.S.C. 
804(2).
    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 July 10, 2007. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

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

    Dated: April 24, 2007.
Wayne Nastri,
Regional Administrator, Region 9.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding subparagraph (c)(247)(i)(A)(6) 
and adding paragraph (c)(346) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (247) * * *
    (i) * * *
    (A) * * *
    (6) Appendix V, page V-5-4, Table 5-2--``Carbon Monoxide Emissions 
(tons/day) Projected from 1993 through 2000 for the South Coast Air 
Basin.''
* * * * *
    (346) New and amended plans for the following AQMD were submitted 
on February 24, 2006, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District (SCAQMD).
    (1) 2005 Carbon Monoxide Redesignation Request and Maintenance Plan 
for the South Coast Air Basin, as adopted by SCAQMD on March 4, 2005, 
and by California Air Resources Board on February 24, 2006.

PART 81--[AMENDED]

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

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

Subpart C--[Amended]

0
2. In Sec.  81.305, the table ``California--Carbon Monoxide'' is 
amended by revising the entry for ``Los Angeles-South Coast Air Basin 
Area'' to read as follows:


Sec.  81.305  California.

* * * * *

                                                               California--Carbon Monoxide
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                                                                Designation                                           Classification
             Designated area             ---------------------------------------------------------------------------------------------------------------
                                            Date \1\                      Type                        Date                        Type
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                                                                      * * * * * * *
Los Angeles-South Coast Air Basin Area..      6/11/07  Attainment...............................
Los Angeles County (part)--that portion
 of Los Angeles County which lies south
 and west of a line described as
 follows:
    1. 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;
    2. Then north along the range line
     common to Range 8 West and Range 9
     West;
    3. Then west along the township line
     common to Township 4 North and
     Township 3 North;
    4. 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;
    5. 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;
    6. 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);
    7. Tthen west along the township
     line common to Township 7 North and
     Township 6 North;
    8. 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;

[[Page 26721]]


    9. Then along the south boundaries
     of Sections 13, 14, 15, 16, 17, and
     18, Township 7 North and Range 16
     West;
    10. 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);
    11. Then west along the Angeles
     National Forest boundary to the
     point of intersection with the
     south boundary of the Rancho La
     Liebre Land Grant;
    12. Then west and north along this
     land grant boundary to the Los
     Angeles-Kern County boundary.
Orange County:
Riverside County (part)--that portion of
 Riverside County which lies to the west
 of a line described as follows:
    1. 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;
    2. Then east along the township line
     common to Township 8 South and
     Township 7 South;
    3. Then north along the range line
     common to Range 5 East and Range 4
     East;
    4. 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;
    5. Then north along the west
     boundaries of Sections 34, 27, 22,
     15, 10, and 3, Township 6 South,
     Range 4 East;
    6. Then west along the township line
     common to Township 5 South and
     Township 6 South;
    7. Then north along the range line
     common to Range 4 East and Range 3
     East;
    8. Then west along the south
     boundaries of Sections 13, 14, 15,
     16, 17, and 18, Township 5 South,
     Range 3 East;
    9. Then north along the range line
     common to Range 2 East and Range 3
     East to the Riverside-San
     Bernardino county line.
San Bernardino County--that portion of
 San Bernardino County which lies south
 and west of a line described as
 follows:
    1. 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;
    2. Then west along the township line
     common to Township 3 North and
     Township 2 North to the San
     Bernardino--Los Angeles County
     boundary.

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

[FR Doc. E7-8673 Filed 5-10-07; 8:45 am]

BILLING CODE 6560-50-P
