Designation of Areas for Air Quality Planning Purposes; California; Western Mojave Desert Ozone Nonattainment Area; Reclassification to Severe, 26950-26953 [2012-11076]
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26950
Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
paragraph terminates the requirements of AD
2010–21–12, Amendment 39–16472 (75 FR
63042, October 14, 2010), for that airplane
only.
(l) ADs Affected by Accomplishment of
Paragraph (h) of This AD
Accomplishing the actions required by
paragraph (h) of this AD terminates the
requirements of the following ADs for that
airplane only: AD 98–06–26, Amendment
39–10404 (63 FR 13502, March 20, 1998); AD
98–13–32, Amendment 39–10623 (63 FR
34581, June 25, 1998); AD 2007–04–23,
Amendment 39–14956 (72 FR 8615, February
27, 2007); and AD 2008–20–03, Amendment
39–15682 (73 FR 56452, September 29, 2008).
(m) Other AD Affected by Accomplishment
of Paragraph (h) of This AD
Accomplishing the actions required by
paragraph (h) of this AD terminates the
requirements of AD 2004–14–01,
Amendment 39–13710 (69 FR 41391, July 9,
2004), for that airplane only.
(n) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tom Rodriguez,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone (425)
227–1137; fax (425) 227–1149. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office. The AMOC approval letter
must specifically reference this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
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(o) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) Airworthiness Directive
2009–0269R1, dated March 11, 2010, and the
service information identified in paragraphs
(o)(1) through (o)(5) of this AD, for related
information.
(1) Fokker Service Bulletin SBF100–32–
097, dated September 30, 1995.
(2) Fokker Service Bulletin SBF100–32–
132, dated December 5, 2001.
(3) Fokker Service Bulletin SBF100–32–
155, dated July 23, 2009.
(4) Fokker Service Bulletin SBF100–32–
156, Revision 1, dated June 29, 2009.
(5) Messier-Dowty Service Bulletin F100–
32–112, dated July 17, 2009.
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(p) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the following service information
under 5 U.S.C. 552(a) and 1 CFR part 51 on
the date specified.
(2) You must use the following service
information to do the actions required by this
AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on June 12, 2012.
(i) Fokker Service Bulletin SBF100–32–
097, dated September 30, 1995.
(ii) Fokker Service Bulletin SBF100–32–
132, dated December 5, 2001.
(iii) Fokker Service Bulletin SBF100–32–
155, dated July 23, 2009.
(iv) Messier-Dowty Service Bulletin F100–
32–112, dated July 17, 2009.
(4) The following service information was
approved for IBR November 18, 2010 (75 FR
63042, October 14, 2010).
(i) Fokker Service Bulletin SBF100–32–
156, Revision 1, dated June 29, 2009.
(5) For Fokker service information
identified in this AD, contact Fokker Services
B.V., Technical Services Dept., P.O. Box 231,
2150 AE Nieuw-Vennep, the Netherlands;
telephone +31 (0)252–627–350; fax +31
(0)252–627–211; email
technicalservices.fokkerservices@stork.com;
Internet https://www.myfokkerfleet.com.
(6) For Messier-Dowty service information
identified in this AD, contact Messier
Services Americas, Customer Support Center,
45360 Severn Way, Sterling, Virginia 20166–
8910; telephone 703–450–8233; fax 703–404–
1621; Internet https://
techpubs.services.messier-dowty.com.
(7) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(8) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at an NARA facility, call 202–741–
6030, or go to
https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on April 26,
2012.
Michael J. Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–10829 Filed 5–7–12; 8:45 am]
BILLING CODE 4910–13–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2012–0249; FRL–9669–7]
Designation of Areas for Air Quality
Planning Purposes; California;
Western Mojave Desert Ozone
Nonattainment Area; Reclassification
to Severe
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Clean Air Act
(CAA or Act), EPA is granting a request
from the State of California to reclassify
the Western Mojave Desert ozone
nonattainment area from ‘‘Moderate’’ to
‘‘Severe-15’’ for the 1997 8-hour ozone
National Ambient Air Quality Standards
(NAAQS). EPA is also reclassifying
Indian country under the jurisdiction of
the Twenty-Nine Palms Band of Mission
Indians of California located within the
boundaries of the Western Mojave
Desert area in the same manner,
following consultation with the Tribe, to
maintain consistency with the
classification of the surrounding areas
under State jurisdiction.
DATES: Effective Date: This rule is
effective on June 7, 2012.
ADDRESSES: EPA has established docket
number, EPA–R09–OAR–2012–0249, for
this action. Generally, documents in the
docket for this action are available
electronically at 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 at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., CBI). 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:
Doris Lo, Air Planning Office (AIR–2),
U.S. Environmental Protection Agency,
Region IX, (415) 972–3959,
lo.doris@epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
I. Reclassification of Western Mojave
Desert to Severe-15 Ozone
Nonattainment
Effective June 15, 2004, EPA
designated and classified the ‘‘Los
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Angeles and San Bernardino Counties
(Western Mojave Desert)’’ area in
California (Western Mojave Desert)
under the CAA as ‘‘Subpart 2/
Moderate’’ nonattainment for the 1997
8-hour ozone NAAQS.1 See 69 FR
23858, at 23884 (April 30, 2004) and 40
CFR 81.305. Our classification of the
Western Mojave Desert area as a
‘‘Moderate’’ ozone nonattainment area
established a requirement that the area
attain the 1997 8-hour ozone NAAQS as
expeditiously as practicable, but no later
than six years from the date of
designation as nonattainment, i.e., June
15, 2010.
On February 14, 2008, the California
Air Resources Board (CARB) submitted
a request that EPA reclassify three
California areas (including the Western
Mojave Desert area) designated
nonattainment for the 1997 8-hour
ozone standard.2 For the Western
Mojave Desert ozone nonattainment
area, CARB requested reclassification
from ‘‘Moderate’’ to ‘‘Severe-17.’’ 3 On
March 14, 2012, CARB submitted a
clarification requesting that EPA
reclassify the Western Mojave Desert
area from ‘‘Moderate’’ to ‘‘Severe.’’ 4
Consistent with section 181(b)(3) of the
CAA, we are granting the State’s request
and reclassifying the Western Mojave
Desert area from ‘‘Moderate’’ to ‘‘Severe15’’ nonattainment for the 1997 8-hour
ozone NAAQS.5 We are not establishing
1 This action applies only to the classification of
this ozone nonattainment area for purposes of the
1997 8-hour ozone NAAQS. EPA intends to take
separate actions to designate and classify areas of
the nation that meet or do not meet the 2008 8-hour
ozone NAAQS.
2 See February 14, 2008 letter from James N.
Goldstene, Executive Officer, CARB, to Wayne
Nastri, Regional Administrator, U.S. Environmental
Protection Agency, Region 9. In addition to the
Western Mojave Desert area, CARB requested that
EPA reclassify the Ventura County and Sacramento
Metro ozone nonattainment areas under CAA
section 181(b)(3) to higher classifications for the
1997 8-hour ozone NAAQS. Pursuant to this
request, EPA reclassified the Ventura County area
from ‘‘Moderate’’ to ‘‘Serious’’ nonattainment
effective June 19, 2008 (73 FR 29073, May 20,
2008), and reclassified the Sacramento Metro area
from ‘‘Serious’’ to ‘‘Severe-15’’ nonattainment
effective June 4, 2010 (75 FR 24409, May 5, 2010).
3 CARB subsequently submitted a SIP revision for
this area to address the attainment demonstration
and related requirements for severe-17 ozone
nonattainment areas. See July 22, 2008 letter and
enclosures from James N. Goldstene, Executive
Officer, CARB, to Wayne Nastri, Regional
Administrator, U.S. Environmental Protection
Agency, Region 9.
4 See March 14, 2012 letter from James N.
Goldstene, Executive Director, CARB, to Jared
Blumenfeld, Regional Administrator, U.S.
Environmental Protection Agency, Region 9.
5 Section 181(b) of the CAA does not authorize
EPA to grant a request for reclassification of a
‘‘Moderate’’ ozone nonattainment area to ‘‘Severe17.’’ See, e.g., EPA’s final rule reclassifying the San
Joaquin Valley ozone nonattainment area, 66 FR
56476 at 56478 (November 8, 2001).
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a schedule for plan submissions at this
time and intend to do so in a subsequent
action, if necessary.
Because the State of California does
not have jurisdiction over Indian
country located within its borders,
CARB’s request to reclassify the Western
Mojave Desert area does not apply to
Indian country under the jurisdiction of
the Twenty-Nine Palms Band of Mission
Indians of California, which is located
within the boundaries of the Western
Mojave Desert nonattainment area. EPA
implements federal Clean Air Act
programs, including reclassifications, in
this area of Indian country consistent
with our discretionary authority under
sections 301(a) and 301(d)(4) of the
Clean Air Act. EPA has consulted with
the Twenty-Nine Palms Band of Mission
Indians of California regarding CARB’s
request and the Tribe has agreed to
reclassification of its tribal land within
the Western Mojave Desert
nonattainment area consistent with the
surrounding areas under State
jurisdiction.6 Accordingly, we are
reclassifying the entire Western Mojave
Desert nonattainment area (both the
portion under State jurisdiction and the
portion under the Tribe’s jurisdiction)
from ‘‘Moderate’’ to ‘‘Severe-15’’ for the
1997 8-hour ozone NAAQS.
We are approving CARB’s
reclassification request under 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 granting the request.’’
The provision for voluntary
reclassification has been brought
forward as part of the transition from
the 1-hour ozone standard to the 1997
8-hour ozone standard. 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’’) and 40 CFR 51.903(a), Table 1.
Because the plain language of section
181(b)(3) mandates that we approve
such a request, EPA is granting CARB’s
request for voluntary reclassification
under section 181(b)(3) for the Western
Mojave Desert ozone nonattainment
area, and EPA is reclassifying the area
from ‘‘Moderate’’ to ‘‘Severe-15’’ for the
6 See email dated April 11, 2012 from Marshall
Cheung, Tribal EPA Director, Twenty-Nine Palms
Band of Mission Indians of California, to Colleen
McKaughan, Associate Director, EPA Region IX Air
Division, Re: West Mojave Desert Reclassification or
‘‘Bump-up.’’
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26951
1997 8-hour ozone NAAQS. With
respect to that portion of the Western
Mojave Desert area that is under the
jurisdiction of the Twenty-Nine Palms
Band of Mission Indians of California,
EPA has consulted with the Tribe and
the Tribe has agreed to reclassification
of the area from ‘‘Moderate’’ to ‘‘Severe15’’ consistent with the surrounding
areas under State jurisdiction. As a
result of this action, Western Mojave
Desert must now attain the 1997 8-hour
ozone NAAQS as expeditiously as
practicable, but no later than fifteen
years from the date of designation as
nonattainment, i.e., June 15, 2019. EPA
will address in future rulemaking
actions, as necessary, any issues relating
to timing and content of plan
submissions under this new
classification.
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.’’ With respect to
that portion of the Western Mojave
Desert area that is under State
jurisdiction, public notice and
opportunity for comment prior to
today’s action are unnecessary because
EPA’s reclassification of the Western
Mojave Desert area to ‘‘Severe-15’’ is
mandated by the CAA and does not
involve any exercise of discretion.
Public notice and comment are also
unnecessary with respect to our
reclassification of Indian country under
the jurisdiction of the Twenty-Nine
Palms Band of Mission Indians of
California located within the Western
Mojave Desert area, because the Tribe
has agreed to reclassification of these
tribal lands consistent with the
surrounding State lands.
II. 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. With
respect to lands under State jurisdiction,
voluntary reclassifications under section
181(b)(3) of the CAA are based solely
upon requests 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
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26952
Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
classified areas, and because those
requirements are automatically triggered
by classification, reclassification does
not impose a materially adverse impact
under Executive Order 12866. With
respect to Indian country,
reclassifications do not establish
deadlines for air quality plans or plan
revisions. For these reasons, 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, and
because tribes are not subject to
implementation plan submittal
deadlines that apply to states as a result
of reclassifications.
Executive Order 13175 (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.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects 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.’’ One
Indian tribe (the Twenty-Nine Palms
Band of Mission Indians of California)
has jurisdiction over Indian country
located within the boundaries of the
Western Mojave Desert area. EPA
implements federal Clean Air Act
programs, including reclassifications, in
this area of Indian country consistent
with our discretionary authority under
sections 301(a) and 301(d)(4) of the
Clean Air Act. EPA has concluded that
this final rule might have tribal
implications for the purposes of
Executive Order 13175 but will not
impose substantial direct costs upon the
Tribe, nor does it preempt Tribal law.
This final rule does not affect
implementation of new source review
for new or modified stationary sources
proposed in Indian country within the
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boundaries of the Western Mojave
Desert area because such sources are
already subject to the permitting
requirements that apply in ‘‘Severe’’
nonattainment areas for purposes of the
1-hour ozone NAAQS. This
reclassification might affect projects
proposed in this area of Indian country
that require Federal permits, approvals,
or funding under EPA’s General
Conformity rule because of the lower de
minimis thresholds triggered by
reclassification (25 tons per year for
volatile organic compounds or oxides of
nitrogen). Given the potential
implications, EPA contacted tribal
officials to provide an opportunity for
meaningful and timely input into this
action. As discussed in section I of this
document, on April 11, 2012, the Tribe
agreed to the reclassification of its tribal
lands within the Western Mojave Desert
area consistent with the surrounding
State lands.
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). This action 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 EPA interprets
Executive Order 13045 as applying only
to those regulatory actions that concern
health or safety risks, such that the
analysis required under section 5–501 of
the Executive Order has the potential to
influence the regulation.
Reclassification actions do not
involve technical standards and 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.).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
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,
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policies, and activities on minority
populations and low-income
populations in the United States. This
reclassification action relates to ozone, a
pollutant that is regional in nature, and
is not the type of action that could result
in the types of local impacts addressed
in Executive Order 12898.
The Congressional Review Act, 5
U.S.C. section 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 9, 2012.
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: April 26, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 81, chapter I, title 40 of the Code
of Federal Regulations 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 et seq.
Subpart C—[Amended]
2. Section 81.305 is amended in the
table for ‘‘California—Ozone (8-hour
■
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Federal Register / Vol. 77, No. 89 / Tuesday, May 8, 2012 / Rules and Regulations
Standard)’’ by revising the entry for
‘‘Los Angeles and San Bernardino
Counties (Western Mojave Desert), CA’’
to read as follows:
§ 81.305
*
*
California.
*
*
*
CALIFORNIA—OZONE
(8-Hour Standard)
Category/classification
Designation a
Designated area
Date 1
Type
*
*
*
*
Los Angeles and San Bernardino Counties (Western Mojave Desert), ....................
CA.
Los Angeles County (part) ...................................................................... ....................
That portion of Los Angeles County which lies north and east of a
line described as follows: 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; then north along the range
line common to Range 8 West and Range 9 West; then west
along the Township line common to Township 4 North and
Township 3 North; 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; 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; 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); then west
along the Township line common to Township 7 North and
Township 6 North; 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; then along
the south boundaries of Sections 13, 14, 15, 16, 17, and 18,
Township 7 North and Range 16 West; 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); then west and north along the Angeles National
Forest boundary to the point of intersection with the south
boundary of the Rancho La Liebre Land Grant; then west and
north along this land grant boundary to the Los Angeles-Kern
County boundary.
San Bernardino County (part) ................................................................. ....................
That portion of San Bernardino County which lies north and east
of a line described as follows: Beginning at the San BernardinoRiverside County boundary and running north along the range
line common to Range 3 East and Range 2 East, San
Bernardino Base and Meridian; then west along the Township
line common to Township 3 North and Township 2 North to the
San Bernardino-Los Angeles County boundary; And that portion
of San Bernardino County which lies south and west of a line
described as follows: latitude 35 degrees, 10 minutes north and
longitude 115 degrees, 45 minutes west.
*
*
*
*
*
*
*
*
Date 1
*
Nonattainment ..
*
6/7/2012
*
Subpart 2/Severe-15.
Nonattainment ..
6/7/2012
Subpart 2/Severe-15.
Nonattainment ..
6/7/2012
Subpart 2/Severe-15.
*
*
*
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]]>Agencies
[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Rules and Regulations]
[Pages 26950-26953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11076]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[EPA-R09-OAR-2012-0249; FRL-9669-7]
Designation of Areas for Air Quality Planning Purposes;
California; Western Mojave Desert Ozone Nonattainment Area;
Reclassification to Severe
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Under the Clean Air Act (CAA or Act), EPA is granting a
request from the State of California to reclassify the Western Mojave
Desert ozone nonattainment area from ``Moderate'' to ``Severe-15'' for
the 1997 8-hour ozone National Ambient Air Quality Standards (NAAQS).
EPA is also reclassifying Indian country under the jurisdiction of the
Twenty-Nine Palms Band of Mission Indians of California located within
the boundaries of the Western Mojave Desert area in the same manner,
following consultation with the Tribe, to maintain consistency with the
classification of the surrounding areas under State jurisdiction.
DATES: Effective Date: This rule is effective on June 7, 2012.
ADDRESSES: EPA has established docket number, EPA-R09-OAR-2012-0249,
for this action. Generally, documents in the docket for this action are
available electronically at 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 at www.regulations.gov, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material, large maps), and some may not be publicly
available in either location (e.g., CBI). 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: Doris Lo, Air Planning Office (AIR-2),
U.S. Environmental Protection Agency, Region IX, (415) 972-3959,
lo.doris@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA.
I. Reclassification of Western Mojave Desert to Severe-15 Ozone
Nonattainment
Effective June 15, 2004, EPA designated and classified the ``Los
[[Page 26951]]
Angeles and San Bernardino Counties (Western Mojave Desert)'' area in
California (Western Mojave Desert) under the CAA as ``Subpart 2/
Moderate'' nonattainment for the 1997 8-hour ozone NAAQS.\1\ See 69 FR
23858, at 23884 (April 30, 2004) and 40 CFR 81.305. Our classification
of the Western Mojave Desert area as a ``Moderate'' ozone nonattainment
area established a requirement that the area attain the 1997 8-hour
ozone NAAQS as expeditiously as practicable, but no later than six
years from the date of designation as nonattainment, i.e., June 15,
2010.
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\1\ This action applies only to the classification of this ozone
nonattainment area for purposes of the 1997 8-hour ozone NAAQS. EPA
intends to take separate actions to designate and classify areas of
the nation that meet or do not meet the 2008 8-hour ozone NAAQS.
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On February 14, 2008, the California Air Resources Board (CARB)
submitted a request that EPA reclassify three California areas
(including the Western Mojave Desert area) designated nonattainment for
the 1997 8-hour ozone standard.\2\ For the Western Mojave Desert ozone
nonattainment area, CARB requested reclassification from ``Moderate''
to ``Severe-17.'' \3\ On March 14, 2012, CARB submitted a clarification
requesting that EPA reclassify the Western Mojave Desert area from
``Moderate'' to ``Severe.'' \4\ Consistent with section 181(b)(3) of
the CAA, we are granting the State's request and reclassifying the
Western Mojave Desert area from ``Moderate'' to ``Severe-15''
nonattainment for the 1997 8-hour ozone NAAQS.\5\ We are not
establishing a schedule for plan submissions at this time and intend to
do so in a subsequent action, if necessary.
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\2\ See February 14, 2008 letter from James N. Goldstene,
Executive Officer, CARB, to Wayne Nastri, Regional Administrator,
U.S. Environmental Protection Agency, Region 9. In addition to the
Western Mojave Desert area, CARB requested that EPA reclassify the
Ventura County and Sacramento Metro ozone nonattainment areas under
CAA section 181(b)(3) to higher classifications for the 1997 8-hour
ozone NAAQS. Pursuant to this request, EPA reclassified the Ventura
County area from ``Moderate'' to ``Serious'' nonattainment effective
June 19, 2008 (73 FR 29073, May 20, 2008), and reclassified the
Sacramento Metro area from ``Serious'' to ``Severe-15''
nonattainment effective June 4, 2010 (75 FR 24409, May 5, 2010).
\3\ CARB subsequently submitted a SIP revision for this area to
address the attainment demonstration and related requirements for
severe-17 ozone nonattainment areas. See July 22, 2008 letter and
enclosures from James N. Goldstene, Executive Officer, CARB, to
Wayne Nastri, Regional Administrator, U.S. Environmental Protection
Agency, Region 9.
\4\ See March 14, 2012 letter from James N. Goldstene, Executive
Director, CARB, to Jared Blumenfeld, Regional Administrator, U.S.
Environmental Protection Agency, Region 9.
\5\ Section 181(b) of the CAA does not authorize EPA to grant a
request for reclassification of a ``Moderate'' ozone nonattainment
area to ``Severe-17.'' See, e.g., EPA's final rule reclassifying the
San Joaquin Valley ozone nonattainment area, 66 FR 56476 at 56478
(November 8, 2001).
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Because the State of California does not have jurisdiction over
Indian country located within its borders, CARB's request to reclassify
the Western Mojave Desert area does not apply to Indian country under
the jurisdiction of the Twenty-Nine Palms Band of Mission Indians of
California, which is located within the boundaries of the Western
Mojave Desert nonattainment area. EPA implements federal Clean Air Act
programs, including reclassifications, in this area of Indian country
consistent with our discretionary authority under sections 301(a) and
301(d)(4) of the Clean Air Act. EPA has consulted with the Twenty-Nine
Palms Band of Mission Indians of California regarding CARB's request
and the Tribe has agreed to reclassification of its tribal land within
the Western Mojave Desert nonattainment area consistent with the
surrounding areas under State jurisdiction.\6\ Accordingly, we are
reclassifying the entire Western Mojave Desert nonattainment area (both
the portion under State jurisdiction and the portion under the Tribe's
jurisdiction) from ``Moderate'' to ``Severe-15'' for the 1997 8-hour
ozone NAAQS.
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\6\ See email dated April 11, 2012 from Marshall Cheung, Tribal
EPA Director, Twenty-Nine Palms Band of Mission Indians of
California, to Colleen McKaughan, Associate Director, EPA Region IX
Air Division, Re: West Mojave Desert Reclassification or ``Bump-
up.''
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We are approving CARB's reclassification request under 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 granting the request.''
The provision for voluntary reclassification has been brought forward
as part of the transition from the 1-hour ozone standard to the 1997 8-
hour ozone standard. 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'') and 40 CFR 51.903(a), Table 1. Because the
plain language of section 181(b)(3) mandates that we approve such a
request, EPA is granting CARB's request for voluntary reclassification
under section 181(b)(3) for the Western Mojave Desert ozone
nonattainment area, and EPA is reclassifying the area from ``Moderate''
to ``Severe-15'' for the 1997 8-hour ozone NAAQS. With respect to that
portion of the Western Mojave Desert area that is under the
jurisdiction of the Twenty-Nine Palms Band of Mission Indians of
California, EPA has consulted with the Tribe and the Tribe has agreed
to reclassification of the area from ``Moderate'' to ``Severe-15''
consistent with the surrounding areas under State jurisdiction. As a
result of this action, Western Mojave Desert must now attain the 1997
8-hour ozone NAAQS as expeditiously as practicable, but no later than
fifteen years from the date of designation as nonattainment, i.e., June
15, 2019. EPA will address in future rulemaking actions, as necessary,
any issues relating to timing and content of plan submissions under
this new classification.
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.'' With respect to that portion of the Western Mojave
Desert area that is under State jurisdiction, public notice and
opportunity for comment prior to today's action are unnecessary because
EPA's reclassification of the Western Mojave Desert area to ``Severe-
15'' is mandated by the CAA and does not involve any exercise of
discretion. Public notice and comment are also unnecessary with respect
to our reclassification of Indian country under the jurisdiction of the
Twenty-Nine Palms Band of Mission Indians of California located within
the Western Mojave Desert area, because the Tribe has agreed to
reclassification of these tribal lands consistent with the surrounding
State lands.
II. 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. With respect
to lands under State jurisdiction, voluntary reclassifications under
section 181(b)(3) of the CAA are based solely upon requests 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
[[Page 26952]]
classified areas, and because those requirements are automatically
triggered by classification, reclassification does not impose a
materially adverse impact under Executive Order 12866. With respect to
Indian country, reclassifications do not establish deadlines for air
quality plans or plan revisions. For these reasons, 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, and
because tribes are not subject to implementation plan submittal
deadlines that apply to states as a result of reclassifications.
Executive Order 13175 (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.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects 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.'' One Indian tribe (the Twenty-Nine Palms
Band of Mission Indians of California) has jurisdiction over Indian
country located within the boundaries of the Western Mojave Desert
area. EPA implements federal Clean Air Act programs, including
reclassifications, in this area of Indian country consistent with our
discretionary authority under sections 301(a) and 301(d)(4) of the
Clean Air Act. EPA has concluded that this final rule might have tribal
implications for the purposes of Executive Order 13175 but will not
impose substantial direct costs upon the Tribe, nor does it preempt
Tribal law. This final rule does not affect implementation of new
source review for new or modified stationary sources proposed in Indian
country within the boundaries of the Western Mojave Desert area because
such sources are already subject to the permitting requirements that
apply in ``Severe'' nonattainment areas for purposes of the 1-hour
ozone NAAQS. This reclassification might affect projects proposed in
this area of Indian country that require Federal permits, approvals, or
funding under EPA's General Conformity rule because of the lower de
minimis thresholds triggered by reclassification (25 tons per year for
volatile organic compounds or oxides of nitrogen). Given the potential
implications, EPA contacted tribal officials to provide an opportunity
for meaningful and timely input into this action. As discussed in
section I of this document, on April 11, 2012, the Tribe agreed to the
reclassification of its tribal lands within the Western Mojave Desert
area consistent with the surrounding State lands.
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). This action 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 EPA interprets Executive
Order 13045 as applying only to those regulatory actions that concern
health or safety risks, such that the analysis required under section
5-501 of the Executive Order has the potential to influence the
regulation.
Reclassification actions do not involve technical standards and
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.).
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent 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. This reclassification action relates
to ozone, a pollutant that is regional in nature, and is not the type
of action that could result in the types of local impacts addressed in
Executive Order 12898.
The Congressional Review Act, 5 U.S.C. section 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 9, 2012. 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: April 26, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
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
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Standard)'' by revising the entry for ``Los Angeles and San Bernardino
Counties (Western Mojave Desert), CA'' to read as follows:
Sec. 81.305 California.
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California--Ozone
(8-Hour Standard)
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Designation a Category/classification
Designated area ---------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
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Los Angeles and San Bernardino ........... Nonattainment......... 6/7/2012 Subpart 2/Severe-15.
Counties (Western Mojave
Desert), CA.
Los Angeles County (part)..... ........... Nonattainment......... 6/7/2012 Subpart 2/Severe-15.
That portion of Los
Angeles County which lies
north and east of a line
described as follows:
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; then north
along the range line
common to Range 8 West
and Range 9 West; then
west along the Township
line common to Township 4
North and Township 3
North; 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; 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;
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);
then west along the
Township line common to
Township 7 North and
Township 6 North; 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;
then along the south
boundaries of Sections
13, 14, 15, 16, 17, and
18, Township 7 North and
Range 16 West; 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); then
west and north along the
Angeles National Forest
boundary to the point of
intersection with the
south boundary of the
Rancho La Liebre Land
Grant; then west and
north along this land
grant boundary to the Los
Angeles-Kern County
boundary.
San Bernardino County (part).. ........... Nonattainment......... 6/7/2012 Subpart 2/Severe-15.
That portion of San
Bernardino County which
lies north and east of a
line described as
follows: 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; then west
along the Township line
common to Township 3
North and Township 2
North to the San
Bernardino-Los Angeles
County boundary; And that
portion of San Bernardino
County which lies south
and west of a line
described as follows:
latitude 35 degrees, 10
minutes north and
longitude 115 degrees, 45
minutes west.
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[FR Doc. 2012-11076 Filed 5-7-12; 8:45 am]
BILLING CODE 6560-50-P
