Determination of Nonattainment and Reclassification of the Imperial County, 8-Hour Ozone Nonattainment Area, 8209-8212 [E8-2698]
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8209
Federal Register / Vol. 73, No. 30 / Wednesday, February 13, 2008 / Rules and Regulations
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the applicable 8-hour ozone
NAAQS which establish the level of
protection provided to human health or
the environment. This rule will relax
the applicable volatility standard of
gasoline during the summer possibly
resulting in slightly higher mobile
source emissions. However, the State of
Louisiana has demonstrated in a
maintenance plan that this action will
not interfere with attainment of the 8hour ozone NAAQS and therefore
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
are not an anticipated result.
K. Congressional Review Act
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(a). This rule
will be effective April 14, 2008.
VIII. Legal Authority and Statutory
Provisions
Authority for this action is in sections
211(h) and 301(a) of the Clean Air Act,
42 U.S.C. 7545(h) and 7601(a).
Air pollution control, Fuel additives,
Gasoline, Incorporation by reference,
Motor vehicle and motor vehicle
engines, Motor vehicle pollution,
Penalties, Reporting and recordkeeping
requirements.
Dated: February 7, 2008.
Stephen L. Johnson,
Administrator.
Title 40, chapter I, part 80 of the Code
of Federal Regulations is amended as
follows:
I
PART 80—[AMENDED]
1. The authority citation for part 80
continues to read as follows:
I
Authority: 42 U.S.C. 7414, 7545 and
7601(a).
2. In § 80.27(a)(2)(ii), the table is
amended by revising the entry for
Louisiana and adding a new footnote 4
to read as follows:
I
§ 80.27 Controls and prohibitions on
gasoline volatility.
(a) * * *
(2) * * *
(ii) * * *
List of Subjects in 40 CFR Part 80
Environmental protection,
Administrative practice and procedures,
APPLICABLE STANDARDS1 1992 AND SUBSEQUENT YEARS
State
*
May
*
*
*
*
*
July
*
Louisiana:
Grant Parish 4 ....................................................................................
All other volatility nonattainment areas .............................................
*
June
9.0
9.0
*
August
*
9.0
7.8
*
9.0
7.8
*
September
9.0
7.8
*
9.0
7.8
*
1 Standards
*
4 The
*
are expressed in pounds per square inch (psi).
*
*
*
*
standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
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[EPA–R09–2007–OAR–1109; FRL–8528–4]
Determination of Nonattainment and
Reclassification of the Imperial
County, 8-Hour Ozone Nonattainment
Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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16:56 Feb 12, 2008
Jkt 214001
This rule finalizes EPA’s
finding of nonattainment and
reclassification of the Imperial County
8-hour ozone nonattainment area
(Imperial County). EPA finds that
Imperial County has failed to attain the
8-hour ozone national ambient air
quality standard (‘‘NAAQS’’ or
‘‘standard’’) by June 15, 2007, the
attainment deadline set forth in the
Clean Air Act (CAA) and Code of
Federal Regulations (CFR) for marginal
nonattainment areas. As a result, on the
effective date of this rule, Imperial
County will be reclassified by operation
of law as a moderate 8-hour ozone
nonattainment area. The moderate area
attainment date for the reclassified
Imperial County will be ‘‘as
SUMMARY:
[FR Doc. E8–2702 Filed 2–12–08; 8:45 am]
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*
*
*
*
expeditiously as practicable,’’ but no
later than June 15, 2010. Once
reclassified, California must submit
State Implementation Plan (SIP)
revisions that meet the 8-hour ozone
nonattainment requirements for
moderate areas, as required by the CAA.
EPA has determined that the State must
submit these SIP revisions by December
31, 2008.
DATES: Effective Date: March 14, 2008.
ADDRESSES: EPA has established docket
number EPA–R09–2007–OAR–1109 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901. While
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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:
Adrienne Priselac, EPA Region IX, (415)
972–3285, priselac.adrienne@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. Response to Comments
III. What is the effect of this action?
A. Determination of Nonattainment,
Reclassification of Imperial County
Nonattainment Area and New
Attainment Date
B. Date for Submitting a Revised SIP for the
Imperial County Area
IV. Final Action
V. Statutory and Executive Order Reviews
I. What is the background for this
action?
On November 23, 2007, EPA
published its proposed finding that
Imperial County did not attain the 8hour ozone NAAQS by June 15, 2007,
the applicable attainment date (72 FR
65682). The proposed finding was based
upon ambient air quality data from the
years 2004, 2005, and 2006. In addition,
as explained in the proposed rule, the
area did not qualify for an attainment
date extension under the provisions of
CAA section 181(a)(5) and 40 CFR
51.907, because the 4th highest daily
value in the attainment year was greater
than 0.084 ppm. In the November 23,
2007, proposal, EPA proposed that the
area would be reclassified by operation
of law to ‘‘moderate’’ nonattainment, in
accordance with CAA section 181(b)(2).
II. Response to Comments
EPA published its proposed rule on
November 23, 2007, and provided an
opportunity for public comment. The
public comment period ended on
December 24, 2007. EPA received no
comments. No further opportunity for
public comment will be provided.
III. What is the effect of this action?
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A. Determination of Nonattainment,
Reclassification of Imperial County and
New Attainment Date
Pursuant to section 181(b)(2), EPA
finds that Imperial County failed to
attain the 8-hour ozone NAAQS by the
June 15, 2007, attainment deadline
prescribed under the CAA (69 FR 23858,
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April 30, 2004 and 40 CFR 51.903(a)) for
marginal ozone nonattainment areas.
When this finding becomes effective,
Imperial County will be reclassified by
operation of law from marginal
nonattainment to moderate
nonattainment. The reclassification to
the next higher classification is
mandated by section 181(b)(2)(A) of the
CAA. (see the discussion in the proposal
at 72 FR 65684) Moderate areas are
required to attain the standard ‘‘as
expeditiously as practicable’’ but no
later than 6 years after designation or
June 15, 2010. The ‘‘as expeditiously as
practicable’’ attainment date will be
determined as part of the action on the
required SIP submittal demonstrating
attainment of the 8-hour ozone
standard. Also in this action, EPA is
finalizing its proposal establishing a
schedule by which California will
submit the SIP revisions necessary to
meet the requirements for areas
reclassified to moderate nonattainment
of the 8-hour ozone standard.
B. Date for Submitting a Revised SIP for
the Imperial County Area
In its proposal, EPA addressed the
schedule by which California is
required to submit a revised SIP meeting
the requirements for the Imperial
County moderate nonattainment area.
When an area is reclassified, EPA has
the authority under section 182(i) of the
CAA to adjust the CAA’s submittal
deadlines for any new SIP revisions that
are required as a result of the
reclassification.
Pursuant to 40 CFR 51.908(d), for
each nonattainment area, a state must
provide for implementation of all
control measures needed for attainment
no later than the beginning of the
attainment year ozone season. The
attainment year ozone season is the
ozone season immediately preceding a
nonattainment area’s attainment date, in
this case 2009 (40 CFR 51.900(g)). The
ozone season is the ozone monitoring
season as defined in 40 CFR Part 58,
Appendix D, section 4.1, Table D–3 (71
FR 61236, October 17, 2006). For the
purposes of this reclassification for
Imperial County, January 1, 2009, is the
beginning of the ozone monitoring
season. As a result, EPA is finalizing its
proposal requiring that the required SIP
revisions be submitted by California as
expeditiously as practicable, but no later
than December 31, 2008. This timeline
also calls for implementation of
applicable controls no later than January
1, 2009.
The area was previously required to
submit the requirements for marginal
areas, and under section 182(b) remains
required to meet them, and now must
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meet the requirements for moderate
areas as well.
A revised SIP must include the
following moderate area requirements:
(1) An attainment demonstration (40
CFR 51.908), (2) provisions for
reasonably available control technology
and reasonably available control
measures (40 CFR 51.912), (3)
reasonable further progress reductions
in emissions (40 CFR 51.910), (4)
contingency measures to be
implemented in the event of failure to
meet a milestone or attain the standard
(CAA 172(c)(9)), and (5) NOX and VOC
emission offsets of 1.15 to 1 for major
source permits (40 CFR 51.165(a)). See
also the requirements for moderate
ozone nonattainment areas set forth in
CAA section 182(b).1
IV. Final Action
Pursuant to CAA section 181(b)(2),
EPA is making a final determination
that the Imperial County ‘‘marginal’’ 8hour ozone nonattainment area failed to
attain the 8-hour ozone NAAQS by June
15, 2007. Upon the effective date of this
rule, the Imperial County ‘‘marginal’’ 8hour ozone nonattainment area will be
reclassified by operation of law as a
‘‘moderate’’ 8-hour ozone
nonattainment area. Pursuant to section
182(i) of the CAA, EPA is establishing
the schedule for submittal of the SIP
revisions required for moderate areas
once the area is reclassified. The
required SIP revision for California must
be submitted as expeditiously as
practicable, but no later than December
31, 2008.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866, Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993), entitled
‘‘Regulatory Planning and Review’’ and
is therefore not subject to review under
the EO. The Agency has determined that
the finding of nonattainment would
result in none of the effects identified in
the Executive Order. Under Section
181(b)(2) of the CAA, determinations of
nonattainment are based upon air
quality considerations and the resulting
reclassifications must occur by
operation of law.
1 A vehicle inspection and maintenance (I/M)
program would normally be listed as a requirement
for an ozone moderate or above nonattainment area.
However, the Federal I/M Flexibility Amendments
of 1995 determined that urbanized areas with
populations less than 200,000 for 1990 are not
mandated to participate in the I/M program (60 FR
48027, September 18, 1995).
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B. Paperwork Reduction 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.).
C. 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.
This rule will not have a significant
impact on a substantial number of small
entities. Determinations of
nonattainment and the resulting
reclassification of nonattainment areas
by operation of law under section
181(b)(2) of the CAA do not in and of
themselves create any new
requirements. Instead, this rulemaking
makes a factual determination, and does
not directly regulate any entities.
Therefore, I certify that this action will
not have a significant economic impact
on a substantial number of small
entities.
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D. Unfunded Mandates Reform Act
Under section 202 of the Unfunded
Mandates Reform Act of 1995
(‘‘Unfunded Mandates Act’’ or
‘‘UMRA’’), 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 costs to State, local, or tribal
governments in the aggregate, or to the
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 this
rulemaking action does not include a
Federal mandate within the meaning of
UMRA that may result in estimated
costs of $100 million or more to either
State, local, or tribal governments in the
aggregate, or to the private sector. Also,
EPA has determined that this rule
contains no regulatory requirements that
might significantly or uniquely affect
small governments and therefore is not
subject to the requirements of section
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16:56 Feb 12, 2008
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203. EPA believes that the finding of
nonattainment is a factual
determination based upon air quality
considerations and that the resulting
reclassification of the area must occur
by operation of law. Therefore EPA
believes that the finding does not
constitute a Federal mandate, as defined
in section 101 of the UMRA, because it
does not impose an enforceable duty on
any entity.
E. Executive Order 13132, Federalism
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. This action
merely determines that the Imperial
County area has not attained by its
applicable attainment date, reclassifies
the Imperial County area as a moderate
ozone nonattainment area, and adjusts
applicable deadlines. It 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
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Executive Order do not apply to this
rule.
F. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This final rule does not
have tribal implications, as specified in
Executive Order 13175. It will not have
substantial direct effects on tribal
governments, 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.
Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045, ‘‘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 action
is not subject to Executive Order 13045
because it is not economically
significant as defined in E.O. 12866, and
because the Agency does not have
reason to believe the environmental
health risks or safety risks addressed by
this rule present a disproportionate risk
to children. This action merely
determines that the Imperial Valley area
has not attained the standard by the
applicable attainment date, reclassifies
the Imperial Valley area as a moderate
ozone nonattainment area, and adjusts
applicable deadlines.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
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FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
I. 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. This action merely determines
that the Imperial County area has not
attained by the applicable attainment
date, reclassifies the Imperial County
area as a moderate ozone nonattainment
area, and adjusts applicable deadlines.
Therefore, EPA did not consider the use
of any voluntary consensus standards.
J. Congressional Review Act
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). This rule
will be effective March 14, 2008.
K. 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 April 14, 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, Incorporation by
reference.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 24, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.
Part 81 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
I
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.305 the ‘‘California-Ozone
(8-Hour Standard)’’ table is amended by
revising the entry for ‘‘Imperial
County:’’ to read as follows:
I
§ 81.305
California.
CALIFORNIA-OZONE
[8-hour standard]
Designation
Classification
Designated area
Date1
*
*
*
Imperial County, CA: Imperial County ....................................
*
1 This
*
*
*
....................
*
Nonattainment ...............
*
Date
Classification
*
3/14/08
*
*
*
Subpart 2/Moderate.
*
date is June 15, 2004, unless otherwise noted.
requested this tolerance under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
[FR Doc. E8–2698 Filed 2–12–08; 8:45 am]
BILLING CODE 6560–50–P
40 CFR Part 180
[EPA–HQ–OPP–2007–0637; FRL–8345–1]
1,3-Dichloropropene and metabolites;
Pesticide Tolerance
SUMMARY: This regulation establishes a
tolerance for combined residues of 1,3dichloropropene and metabolites in or
on grape. Dow AgroSciences, LLC
16:56 Feb 12, 2008
Jkt 214001
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0637. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Aug<31>2005
This regulation is effective
February 13, 2008. Objections and
requests for hearings must be received
on or before April 14, 2008, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION ).
DATES:
ENVIRONMENTAL PROTECTION
AGENCY
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Type
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and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
the docket index available in
regulations.gov. Although listed in the
index, some information is not publicly
available, e.g., Confidential Business
Information (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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
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Agencies
[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Rules and Regulations]
[Pages 8209-8212]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2698]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-2007-OAR-1109; FRL-8528-4]
Determination of Nonattainment and Reclassification of the
Imperial County, 8-Hour Ozone Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This rule finalizes EPA's finding of nonattainment and
reclassification of the Imperial County 8-hour ozone nonattainment area
(Imperial County). EPA finds that Imperial County has failed to attain
the 8-hour ozone national ambient air quality standard (``NAAQS'' or
``standard'') by June 15, 2007, the attainment deadline set forth in
the Clean Air Act (CAA) and Code of Federal Regulations (CFR) for
marginal nonattainment areas. As a result, on the effective date of
this rule, Imperial County will be reclassified by operation of law as
a moderate 8-hour ozone nonattainment area. The moderate area
attainment date for the reclassified Imperial County will be ``as
expeditiously as practicable,'' but no later than June 15, 2010. Once
reclassified, California must submit State Implementation Plan (SIP)
revisions that meet the 8-hour ozone nonattainment requirements for
moderate areas, as required by the CAA. EPA has determined that the
State must submit these SIP revisions by December 31, 2008.
DATES: Effective Date: March 14, 2008.
ADDRESSES: EPA has established docket number EPA-R09-2007-OAR-1109 for
this action. The index to the docket is available electronically at
https://www.regulations.gov and in hard copy at U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901. While
[[Page 8210]]
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: Adrienne Priselac, EPA Region IX,
(415) 972-3285, priselac.adrienne@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What is the background for this action?
II. Response to Comments
III. What is the effect of this action?
A. Determination of Nonattainment, Reclassification of Imperial
County Nonattainment Area and New Attainment Date
B. Date for Submitting a Revised SIP for the Imperial County
Area
IV. Final Action
V. Statutory and Executive Order Reviews
I. What is the background for this action?
On November 23, 2007, EPA published its proposed finding that
Imperial County did not attain the 8-hour ozone NAAQS by June 15, 2007,
the applicable attainment date (72 FR 65682). The proposed finding was
based upon ambient air quality data from the years 2004, 2005, and
2006. In addition, as explained in the proposed rule, the area did not
qualify for an attainment date extension under the provisions of CAA
section 181(a)(5) and 40 CFR 51.907, because the 4th highest daily
value in the attainment year was greater than 0.084 ppm. In the
November 23, 2007, proposal, EPA proposed that the area would be
reclassified by operation of law to ``moderate'' nonattainment, in
accordance with CAA section 181(b)(2).
II. Response to Comments
EPA published its proposed rule on November 23, 2007, and provided
an opportunity for public comment. The public comment period ended on
December 24, 2007. EPA received no comments. No further opportunity for
public comment will be provided.
III. What is the effect of this action?
A. Determination of Nonattainment, Reclassification of Imperial County
and New Attainment Date
Pursuant to section 181(b)(2), EPA finds that Imperial County
failed to attain the 8-hour ozone NAAQS by the June 15, 2007,
attainment deadline prescribed under the CAA (69 FR 23858, April 30,
2004 and 40 CFR 51.903(a)) for marginal ozone nonattainment areas. When
this finding becomes effective, Imperial County will be reclassified by
operation of law from marginal nonattainment to moderate nonattainment.
The reclassification to the next higher classification is mandated by
section 181(b)(2)(A) of the CAA. (see the discussion in the proposal at
72 FR 65684) Moderate areas are required to attain the standard ``as
expeditiously as practicable'' but no later than 6 years after
designation or June 15, 2010. The ``as expeditiously as practicable''
attainment date will be determined as part of the action on the
required SIP submittal demonstrating attainment of the 8-hour ozone
standard. Also in this action, EPA is finalizing its proposal
establishing a schedule by which California will submit the SIP
revisions necessary to meet the requirements for areas reclassified to
moderate nonattainment of the 8-hour ozone standard.
B. Date for Submitting a Revised SIP for the Imperial County Area
In its proposal, EPA addressed the schedule by which California is
required to submit a revised SIP meeting the requirements for the
Imperial County moderate nonattainment area. When an area is
reclassified, EPA has the authority under section 182(i) of the CAA to
adjust the CAA's submittal deadlines for any new SIP revisions that are
required as a result of the reclassification.
Pursuant to 40 CFR 51.908(d), for each nonattainment area, a state
must provide for implementation of all control measures needed for
attainment no later than the beginning of the attainment year ozone
season. The attainment year ozone season is the ozone season
immediately preceding a nonattainment area's attainment date, in this
case 2009 (40 CFR 51.900(g)). The ozone season is the ozone monitoring
season as defined in 40 CFR Part 58, Appendix D, section 4.1, Table D-3
(71 FR 61236, October 17, 2006). For the purposes of this
reclassification for Imperial County, January 1, 2009, is the beginning
of the ozone monitoring season. As a result, EPA is finalizing its
proposal requiring that the required SIP revisions be submitted by
California as expeditiously as practicable, but no later than December
31, 2008. This timeline also calls for implementation of applicable
controls no later than January 1, 2009.
The area was previously required to submit the requirements for
marginal areas, and under section 182(b) remains required to meet them,
and now must meet the requirements for moderate areas as well.
A revised SIP must include the following moderate area
requirements: (1) An attainment demonstration (40 CFR 51.908), (2)
provisions for reasonably available control technology and reasonably
available control measures (40 CFR 51.912), (3) reasonable further
progress reductions in emissions (40 CFR 51.910), (4) contingency
measures to be implemented in the event of failure to meet a milestone
or attain the standard (CAA 172(c)(9)), and (5) NOX and VOC
emission offsets of 1.15 to 1 for major source permits (40 CFR
51.165(a)). See also the requirements for moderate ozone nonattainment
areas set forth in CAA section 182(b).\1\
---------------------------------------------------------------------------
\1\ A vehicle inspection and maintenance (I/M) program would
normally be listed as a requirement for an ozone moderate or above
nonattainment area. However, the Federal I/M Flexibility Amendments
of 1995 determined that urbanized areas with populations less than
200,000 for 1990 are not mandated to participate in the I/M program
(60 FR 48027, September 18, 1995).
---------------------------------------------------------------------------
IV. Final Action
Pursuant to CAA section 181(b)(2), EPA is making a final
determination that the Imperial County ``marginal'' 8-hour ozone
nonattainment area failed to attain the 8-hour ozone NAAQS by June 15,
2007. Upon the effective date of this rule, the Imperial County
``marginal'' 8-hour ozone nonattainment area will be reclassified by
operation of law as a ``moderate'' 8-hour ozone nonattainment area.
Pursuant to section 182(i) of the CAA, EPA is establishing the schedule
for submittal of the SIP revisions required for moderate areas once the
area is reclassified. The required SIP revision for California must be
submitted as expeditiously as practicable, but no later than December
31, 2008.
V. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
entitled ``Regulatory Planning and Review'' and is therefore not
subject to review under the EO. The Agency has determined that the
finding of nonattainment would result in none of the effects identified
in the Executive Order. Under Section 181(b)(2) of the CAA,
determinations of nonattainment are based upon air quality
considerations and the resulting reclassifications must occur by
operation of law.
[[Page 8211]]
B. Paperwork Reduction 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.).
C. 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.
This rule will not have a significant impact on a substantial
number of small entities. Determinations of nonattainment and the
resulting reclassification of nonattainment areas by operation of law
under section 181(b)(2) of the CAA do not in and of themselves create
any new requirements. Instead, this rulemaking makes a factual
determination, and does not directly regulate any entities. Therefore,
I certify that this action will not have a significant economic impact
on a substantial number of small entities.
D. Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act'' or ``UMRA''), 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 costs to State, local, or tribal governments in the
aggregate, or to the 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 this rulemaking action does not include a
Federal mandate within the meaning of UMRA that may result in estimated
costs of $100 million or more to either State, local, or tribal
governments in the aggregate, or to the private sector. Also, EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments and therefore
is not subject to the requirements of section 203. EPA believes that
the finding of nonattainment is a factual determination based upon air
quality considerations and that the resulting reclassification of the
area must occur by operation of law. Therefore EPA believes that the
finding does not constitute a Federal mandate, as defined in section
101 of the UMRA, because it does not impose an enforceable duty on any
entity.
E. Executive Order 13132, Federalism
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. This
action merely determines that the Imperial County area has not attained
by its applicable attainment date, reclassifies the Imperial County
area as a moderate ozone nonattainment area, and adjusts applicable
deadlines. It 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.
F. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.
G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, ``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 action
is not subject to Executive Order 13045 because it is not economically
significant as defined in E.O. 12866, and because the Agency does not
have reason to believe the environmental health risks or safety risks
addressed by this rule present a disproportionate risk to children.
This action merely determines that the Imperial Valley area has not
attained the standard by the applicable attainment date, reclassifies
the Imperial Valley area as a moderate ozone nonattainment area, and
adjusts applicable deadlines.
H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66
[[Page 8212]]
FR 28355, May 22, 2001) because it is not a significant regulatory
action under Executive Order 12866.
I. 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. This action merely determines that the Imperial County
area has not attained by the applicable attainment date, reclassifies
the Imperial County area as a moderate ozone nonattainment area, and
adjusts applicable deadlines. Therefore, EPA did not consider the use
of any voluntary consensus standards.
J. Congressional Review Act
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). This rule will be effective March 14, 2008.
K. 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 April 14, 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, Incorporation by
reference.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 24, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.
0
Part 81 of 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.
0
2. In Sec. 81.305 the ``California-Ozone (8-Hour Standard)'' table is
amended by revising the entry for ``Imperial County:'' to read as
follows:
Sec. 81.305 California.
California-Ozone
[8-hour standard]
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date\1\ Type Date Classification
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* * * * * * *
Imperial County, CA: Imperial County.... ........... Nonattainment............................ 3/14/08 Subpart 2/Moderate.
* * * * * * *
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\1\ This date is June 15, 2004, unless otherwise noted.
[FR Doc. E8-2698 Filed 2-12-08; 8:45 am]
BILLING CODE 6560-50-P