
[Federal Register: December 3, 2009 (Volume 74, Number 231)]
[Rules and Regulations]               
[Page 63309-63310]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de09-6]                         


[[Page 63309]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0188; FRL-9086-7]

 
Approval and Promulgation of Air Quality Implementation Plans; 
California; Determination of Attainment of the 1997 8-Hour Ozone 
Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is determining that the Imperial County, California 
moderate 8-hour ozone nonattainment area has attained the 1997 8-hour 
National Ambient Air Quality Standard (NAAQS) for ozone. This 
determination is based upon certified ambient air monitoring data that 
show the area has monitored attainment of the 8-hour ozone NAAQS since 
the 2006-2008 monitoring period. In addition, quality controlled and 
quality assured ozone data for 2008 that are available in the EPA Air 
Quality System database, but not yet certified, show that this area 
continues to attain the 1997 8-hour ozone NAAQS. This determination 
suspends the requirements for California to submit an attainment 
demonstration, a reasonable further progress plan, contingency 
measures, and other planning State Implementation Plans for this area 
related to attainment of the 8-hour ozone NAAQS. These requirements 
shall remain suspended for so long as the area continues to attain the 
ozone NAAQS.

DATES: Effective Date: This rule is effective on January 4, 2010.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R09-OAR-2009-0188. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either electronically 
through http://www.regulations.gov or in hard copy at the Air Planning 
Office, U.S. Environmental Protection Agency, 75 Hawthorne Street, San 
Francisco, CA 94105-3901. EPA requests that if at all possible, you 
contact the contact listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8 to 4:55, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Wienke Tax, Air Planning Office, U.S. 
Environmental Protection Agency Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105-3901, telephone number (415) 947-4192, fax number 
(415) 947-3579, electronic mail Tax.wienke@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. What Action Is EPA Taking?
II. What Is the Effect of This Action?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What Action Is EPA Taking?

    EPA is determining that the Imperial County, California moderate 8-
hour ozone nonattainment area has attained the 1997 8-hour National 
Ambient Air Quality Standard (NAAQS) for ozone. This determination is 
based upon certified ambient air monitoring data that show the area has 
monitored attainment of the 1997 ozone NAAQS since the 2006-2008 
monitoring period. In addition, quality controlled and quality assured 
ozone data for 2009 that are available in the EPA Air Quality System 
(AQS) database, but not yet certified, show that this area continues to 
attain the ozone NAAQS.
    Other specific requirements of the determination and the rationale 
for EPA's proposed action are explained in the Notice of Proposed 
Rulemaking (NPR) published on September 23, 2009 (74 FR 48495) and will 
not be restated here. EPA received no public comments on the NPR.

II. What Is the Effect of This Action?

    Under the provisions of EPA's ozone implementation rule (see 40 CFR 
51.918), this determination suspends the requirements for the Imperial 
County, California moderate ozone nonattainment area to submit an 
attainment demonstration, a reasonable further progress plan, section 
172(c)(9) contingency measures, and any other planning State 
Implementation Plans (SIPs) related to attainment of the 1997 8-hour 
ozone NAAQS for so long as the area continues to attain the 1997 ozone 
NAAQS.
    This action does not constitute a redesignation to attainment under 
CAA section 107(d)(3), because the area does not have an approved 
maintenance plan as required under section 175A of the CAA, nor a 
determination that the area has met the other requirements for 
redesignation. The classification and designation status of the area 
remains moderate nonattainment for the 1997 8-hour ozone NAAQS until 
such time as EPA determines that it meets the CAA requirements for 
redesignation to attainment.
    If EPA subsequently determines, after notice-and-comment rulemaking 
in the Federal Register, that the area has violated the 1997 8-hour 
ozone standard, the basis for the suspension of these requirements 
would no longer exist, and the area would thereafter have to address 
the pertinent requirements.

III. Final Action

    EPA is determining that the Imperial County, California 8-hour 
ozone nonattainment area has attained the 1997 8-hour ozone standard 
and continues to attain the standard based on data through the 2009 
ozone season. As provided in 40 CFR 51.918, this determination suspends 
the requirements for California to submit an attainment demonstration, 
a reasonable further progress plan, and contingency measures under 
section 172(c)(9), and any other planning SIP related to attainment of 
the 1997 8-hour ozone NAAQS for this area, for so long as the area 
continues to attain the standard.

V. 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 
makes a determination based on air quality data, and results in the 
suspension of certain Federal requirements. 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 
makes a determination based on air quality data, and results in the 
suspension of certain Federal requirements, 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

[[Page 63310]]

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 (59 FR 22951, November 9, 2000). This action also 
does not have Federalism implications because 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), 
because it merely makes a determination based on air quality data and 
results in the suspension of certain Federal requirements, and 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 determines that air quality in the affected area is 
meeting Federal standards.
    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 
because it would be inconsistent with applicable law for EPA, when 
determining the attainment status of an area, to use voluntary 
consensus standards in place of promulgated air quality standards and 
monitoring procedures that otherwise satisfy the provisions of the 
Clean Air Act.
    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.)
    Under Executive Order 12898, EPA finds that this rule involves a 
determination of attainment based on air quality data and will not have 
disproportionately high and adverse human health or environmental 
effects on any communities in the area, including minority and low-
income communities.
    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 May 19, 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 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: November 13, 2009.
Laura Yoshii,
Acting Regional Administrator,
    Region IX.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
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 52.282 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.282  Control strategy and regulations: Ozone.

* * * * *
    (c) Determination of attainment. Effective January 4, 2010, EPA is 
determining that the Imperial County, California 8-hour ozone 
nonattainment area has attained the 1997 8-hour ozone standard. Under 
the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), 
this determination suspends the reasonable further progress and 
attainment demonstration requirements of section 182(b)(1) and related 
requirements of section 172(c)(9) of the Clean Air Act for as long as 
the area does not monitor any violations of the 8-hour ozone standard. 
If a violation of the 1997 ozone NAAQS is monitored in the Imperial 
County, California 8-hour ozone nonattainment area, this determination 
shall no longer apply.

[FR Doc. E9-28536 Filed 12-2-09; 8:45 am]

BILLING CODE 6560-50-P
