
[Federal Register: May 20, 2008 (Volume 73, Number 98)]
[Rules and Regulations]               
[Page 29073-29075]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my08-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-R09-OAR-2008-0435; FRL-8568-3]

 
Designation of Areas for Air Quality Planning Purposes; 
California; Ventura Ozone Nonattainment Area; Reclassification to 
Serious

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Effective June 15, 2004, EPA classified the Ventura County 
ozone nonattainment area as ``subpart 2/moderate'' for the 8-hour ozone 
standard with an attainment date of no later than June 15, 2010. On 
February 14, 2008, the California Air Resources Board submitted a 
request for reclassification of the Ventura County ozone nonattainment 
area from ``moderate'' to ``serious.'' Under section 181(b)(3) of the 
Clean Air Act, EPA is granting California's request for voluntary 
reclassification of the Ventura County ozone nonattainment area to 
``serious'' in today's document.

DATES: Effective Date: This rule is effective on June 19, 2008.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0435 for 
this action. The index to the docket is available electronically at 
http://www.regulations.gov and in hard copy at EPA Region IX, 75 
Hawthorne Street, San Francisco, California. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., 
confidential business information). To inspect the hard copy materials, 
please schedule an appointment during normal business hours with the 
contact listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Dave Jesson, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, (415) 972-3957, 
jesson.david@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to EPA.

I. Reclassification of Ventura County to Serious Ozone Nonattainment

    Effective June 15, 2004, we classified the Ventura County ozone 
nonattainment area under the Clean Air Act (``Act'' or CAA) as 
``subpart 2/moderate'' for the 8-hour ozone national ambient air 
quality standard (NAAQS). See 69 FR 23858, at 23889 (April 30, 2004); 
and 40 CFR 81.305. Our classification of Ventura County as a 
``moderate'' ozone nonattainment area establishes a requirement that 
the area attain the 8-hour ozone NAAQS as expeditiously as practicable, 
but no later than six years from designation, i.e., June 15, 2010. By 
letter dated February 14, 2008, the Executive Officer for the 
California Air Resources Board (CARB) submitted a request to reclassify 
three California areas designated nonattainment for the 8-hour ozone 
standard. Ventura was one of the three areas, and for the Ventura 
County ozone nonattainment area, CARB has requested reclassification 
from ``moderate'' to ``serious.'' We are acting on the request for 
Ventura in today's document. In a separate document, we will propose a 
schedule for required plan submittals for Ventura County under the new 
classification.
    We will also act on the requests for the other two areas listed in 
CARB's February 14, 2008 letter, as well as the reclassification 
requests previously received from CARB for the San Joaquin Valley, 
South Coast, and Coachella Valley ozone nonattainment areas, in a 
separate document. We are deferring action on the State's 
reclassification requests for the five other areas to allow for 
notification to, and the opportunity for consultation with, the Indian 
tribes located within the five areas. No Indian tribes are located 
within Ventura County. In the separate document, we will also propose 
schedules for required plan submittals under the new classifications 
for these areas.
    We are reviewing this request as one made pursuant to section 
181(b)(3) of the Act which provides for ``voluntary reclassification'' 
and states: ``The Administrator shall grant the request of any State to 
reclassify a nonattainment area in that State in accordance with table 
1 of subsection (a) of this section to a higher classification. The 
Administrator shall publish a notice in the Federal Register of any 
such request and of action by the Administrator

[[Page 29074]]

granting the request.'' While section 181 relates to the 1-hour ozone 
NAAQS, the same option exists with respect to the 8-hour ozone NAAQS. 
See 40 CFR 51.903(b) (``A State may request a higher classification for 
any reason in accordance with section 181(b)(3) of the CAA.''). We find 
that the plain language of section 181(b)(3) mandates that we approve 
such a request, and, as such, EPA is granting CARB's request for 
voluntary reclassification under section 181(b)(3) for the Ventura 
County ozone nonattainment area from ``moderate'' to ``serious'' in 
today's document. As a result of this action, Ventura County must now 
attain the 8-hour ozone NAAQS as expeditiously as practicable, but not 
later than nine years from designation, i.e., June 15, 2013.
    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are ``impracticable, unnecessary or contrary to the 
public interest.'' EPA has determined that public notice and comment 
for today's action is unnecessary because our action to approve 
voluntary reclassification requests under CAA section 181(b)(3) is 
nondiscretionary both in its issuance and in its content. As such, 
notice and comment rulemaking procedures would serve no useful purpose.

II. Administrative Requirements

    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. EPA has 
determined that the voluntary reclassification would not result in any 
of the effects identified in Executive Order 12866 section 3(f). 
Voluntary reclassifications under section 181(b)(3) of the CAA are 
based solely upon request by the State and EPA is required under the 
CAA to grant them. These actions do not, in and of themselves, impose 
any new requirements on any sector of the economy. In addition, because 
the statutory requirements are clearly defined with respect to the 
differently classified areas, and because those requirements are 
automatically triggered by classification, reclassification cannot be 
said to impose a materially adverse impact on State, local or tribal 
governments or communities. 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).
    In addition, I certify 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.). This action 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), because EPA is required to grant requests by States 
for voluntary reclassifications and such reclassifications in and of 
themselves do not impose any federal intergovernmental mandate. 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 67249, November 9, 2000).
    Because EPA is required to grant requests by States for voluntary 
reclassifications and such reclassifications in and of themselves do 
not impose any federal intergovernmental mandate, this action also does 
not have Federalism implications as it does 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). This does not 
alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act.
    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 is not economically significant. As 
discussed above, a voluntary reclassification under section 181(b)(3) 
of the CAA is based solely on the request of a State and EPA is 
required to grant such a request. In this context, it would thus be 
inconsistent with applicable law for EPA, when it grants a State's 
request for a voluntary reclassification, to use voluntary consensus 
standards. 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. This rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).
    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 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 21, 2008. 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, Intergovernmental 
relations, National parks, Ozone, Wilderness areas.

    Dated: May 13, 2008.
Wayne Nastri,
Regional Administrator, Region IX.

0
Part 81, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

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. Section 81.305 is amended in the table for ``California-Ozone (8-
Hour Standard)'' by revising the entry for ``Ventura County, CA'' to 
read as follows:


Sec.  81.305  California.

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[[Page 29075]]



                                                           California-Ozone (8-Hour Standard)
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                                                           Designation \a\                                            Classification
           Designated area           -------------------------------------------------------------------------------------------------------------------
                                                  Date \1\                        Type                       Date \1\                      Type
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                                                                      * * * * * * *
Ventura County, CA:
    Ventura County (part)--That part  ................................  Nonattainment..........  6/19/08........................  Subpart 2/Serious.
     of Ventura County excluding the
     Channel Islands of Anacapa and
     San Nicolas Islands.
    Remainder of County.............  ................................  Unclassifiable/
                                                                         Attainment.

                                                                      * * * * * * *

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  \a\ Includes Indian Country located in each county or area, except as otherwise specified.*
 \1\ This date is June 15, 2004, unless otherwise noted.

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[FR Doc. E8-11294 Filed 5-19-08; 8:45 am]

BILLING CODE 6560-50-P
