Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes: California
[Federal Register: May 11, 2007 (Volume 72, Number 91)]
[Rules and Regulations]
[Page 26718-26721]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my07-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2007-0101; FRL-8308-4]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes: California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is granting a request submitted by the State to
redesignate the South Coast from nonattainment to attainment for the CO
National Ambient Air Quality Standards (NAAQS). EPA is also approving a
state implementation plan (SIP) revision for the South Coast
nonattainment area in California as meeting the Clean Air Act (CAA)
requirements for maintenance plans for carbon monoxide (CO). EPA is
finding adequate and approving motor vehicle emission budgets, which
are included in the maintenance plan. Finally, EPA is approving the
California motor vehicle inspection and maintenance (I/M) program as
meeting the low enhanced I/M requirements for CO in the South Coast.
DATES: Effective Date: This rule is effective on June 11, 2007.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at EPA
Region 9's Air Planning Office (AIR-2), 75 Hawthorne Street, San
Francisco, CA 94105-3901. Due to increased security, we suggest that
you call at least 24 hours prior to visiting the Regional Office so
that we can make arrangements to have someone meet you.
Electronic Availability
This document and our proposed rule, which was published on
February 14, 2007, are also available at http://www.regulations.gov
for docket number EPA-R09-OAR-2007-0101.
FOR FURTHER INFORMATION CONTACT: David Jesson, U.S. EPA Region 9, 415-
972-3961, david.jesson@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' mean U.S. EPA.
Table of Contents
I. Proposed Action
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
[[Page 26719]]
I. Proposed Action
On February 14, 2007 (72 FR 6986), we proposed to approve the 2005
Carbon Monoxide Redesignation Request and Carbon Monoxide Maintenance
Plan for the South Coast Air Basin (Maintenance Plan) as meeting the
requirements of CAA sections 107(d)(3)(E) and 175A. We also proposed to
approve and find adequate the motor vehicle emissions budgets (MVEBs)
submitted with the Maintenance Plan.
We proposed to approve the request by the State of California to
redesignate the area to attainment for CO under the provisions of CAA
section 107(d)(3)(E). Section 107(d)(3)(E) authorizes the EPA
Administrator to redesignate areas to attainment if the area has
attained the NAAQS due to permanent and enforceable emission
reductions, and the approved SIP for the area meets all of the
applicable requirements of CAA section 110 (basic requirements
applicable to SIPs generally), Part D (special SIP requirements
applicable to nonattainment areas), and 175A (SIP requirements for
maintenance areas).
As part of our proposed determination that California has met
applicable Part D provisions, we proposed to adapt to CO nonattainment
areas the provisions of our Clean Data Policy, which was initially
established for ozone (see discussion at 72 FR 6989). Under the Clean
Data Policy, certain CAA Part D requirements--including the
requirements for developing attainment demonstrations, reasonable
further progress (RFP) plans, reasonably available control measures
(RACM) and contingency measures--no longer apply because the area has
already attained the NAAQS.
Finally, because our interim approval of California's I/M program
for CO in the South Coast expired on August 7, 1998, California
submitted a demonstration that the I/M program meets the low-enhanced
requirements applicable to the South Coast CO nonattainment area (see
discussion in section III.B.4. We proposed to approve that demonstration.
II. Public Comments
Our February 14, 2007 proposed rule provided a 30-day public
comment period, which closed on March 16, 2007. We received no comments
on our proposal during this period.
III. Final Action
We are taking final action to redesignate the South Coast from
nonattainment to attainment for the CO National Ambient Air Quality
Standards (NAAQS) under CAA section 107(d)(3)(E).
We are approving the following SIP revision as meeting the Clean
Air Act (CAA) requirements for maintenance plans for carbon monoxide
(CO) under CAA section 175A: 2005 Carbon Monoxide Redesignation Request
and Carbon Monoxide Maintenance Plan for the South Coast Air Basin,
adopted by the SCAQMD on March 4, 2005, and adopted and submitted by
the CARB on February 24, 2006.\1\
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\1\ A letter from CARB dated August 11, 2006, contained
information related to the enhanced I/M program, but we are not
incorporating this letter in the approved SIP.
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We are approving Appendix V, page V-5-4, Table 5-2--``Carbon
Monoxide Emissions (tons/day) Projected from 1993 through 2000 for the
South Coast Air Basin,'' in the 1997 CO Plan for the South Coast,
adopted by SCAQMD on November 15, 1996, and adopted and submitted by
CARB on February 5, 1997, as meeting the requirements of CAA section
187(b)(2) relating to transportation control measures to offset
emissions associated with growth in vehicle miles traveled and vehicle
trips.
We are finding adequate and approving under CAA section 176(c) the
following motor vehicle emission budgets included in the maintenance
plan: 2888 tons per day of CO for 2005, and 2137 tons per day of CO for
2010, 2015, and 2020.
We are approving the State's demonstration that the California
motor vehicle inspection and maintenance (I/M) program meets the low
enhanced I/M requirements for CO in the South Coast under CAA section
187(a)(6). The State's I/M program submittal of January 22, 1996,
remains an approved part of the SIP, following its approval on January
8, 1997 (62 FR 1150).
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves changes to state law as meeting Federal requirements,
and imposes no additional requirements beyond those imposed by state
law. Accordingly, the Administrator certifies that this rule will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(65 FR 97249, November 9, 2000), nor will it have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely approves a State rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it approves a state plan implementing a Federal Standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP, to use
VCS in place of a SIP submission that otherwise satisfies the
provisions of the Clean Air Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
[[Page 26720]]
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a major rule as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 10, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: April 24, 2007.
Wayne Nastri,
Regional Administrator, Region 9.
• 40 CFR parts 52 and 81 are amended as follows:
PART 52--[AMENDED]
• 1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
• 2. Section 52.220 is amended by adding subparagraph (c)(247)(i)(A)(6)
and adding paragraph (c)(346) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(247) * * *
(i) * * *
(A) * * *
(6) Appendix V, page V-5-4, Table 5-2--"Carbon Monoxide Emissions
(tons/day) Projected from 1993 through 2000 for the South Coast Air Basin."
* * * * *
(346) New and amended plans for the following AQMD were submitted
on February 24, 2006, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District (SCAQMD).
(1) 2005 Carbon Monoxide Redesignation Request and Maintenance Plan
for the South Coast Air Basin, as adopted by SCAQMD on March 4, 2005,
and by California Air Resources Board on February 24, 2006.
PART 81--[AMENDED]
• 1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--[Amended]
• 2. In Sec. 81.305, the table ``California--Carbon Monoxide'' is
amended by revising the entry for ``Los Angeles-South Coast Air Basin
Area'' to read as follows:
Sec. 81.305 California.
* * * * *
California--Carbon Monoxide
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Designation Classification
Designated area ---------------------------------------------------------------------------------------------------------------
Date \1\ Type Date Type
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* * * * * * *
Los Angeles-South Coast Air Basin Area.. 6/11/07 Attainment...............................
Los Angeles County (part)--that portion
of Los Angeles County which lies south
and west of a line described as
follows:
1. Beginning at the Los Angeles-San
Bernardino County boundary and
running west along the township
line common to Township 3 North and
Township 2 North, San Bernardino
Base and Meridian;
2. Then north along the range line
common to Range 8 West and Range 9
West;
3. Then west along the township line
common to Township 4 North and
Township 3 North;
4. Then north along the range line
common to Range 12 West and Range
13 West to the southeast corner of
Section 12, Township 5 North and
Range 13 West;
5. Then west along the south
boundaries of Sections 12, 11, 10,
9, 8, and 7, Township 5 North and
Range 13 West to the boundary of
the Angeles National Forest which
is collinear with the range line
common to Range 13 West and Range
14 West;
6. Then north and west along the
Angeles National Forest boundary to
the point of intersection with the
township line common to Township 7
North and Township 6 North (point
is at the northwest corner of
Section 4 in Township 6 North and
Range 14 West);
7. Tthen west along the township
line common to Township 7 North and
Township 6 North;
8. Then north along the range line
common to Range 15 West and Range
16 West to the southeast corner of
Section 13, Township 7 North and
Range 16 West;
[[Page 26721]]
9. Then along the south boundaries
of Sections 13, 14, 15, 16, 17, and
18, Township 7 North and Range 16
West;
10. Then north along the range line
common to Range 16 West and Range
17 West to the north boundary of
the Angeles National Forest
(collinear with the township line
common to Township 8 North and
Township 7 North);
11. Then west along the Angeles
National Forest boundary to the
point of intersection with the
south boundary of the Rancho La
Liebre Land Grant;
12. Then west and north along this
land grant boundary to the Los
Angeles-Kern County boundary.
Orange County:
Riverside County (part)--that portion of
Riverside County which lies to the west
of a line described as follows:
1. Beginning at the Riverside--San
Diego County boundary and running
north along the range line common
to Range 4 East and Range 3 East,
San Bernardino Base and Meridian;
2. Then east along the township line
common to Township 8 South and
Township 7 South;
3. Then north along the range line
common to Range 5 East and Range 4
East;
4. Then west along the township line
common to Township 6 South and
Township 7 South to the southwest
corner of Section 34, Township 6
South, Range 4 East;
5. Then north along the west
boundaries of Sections 34, 27, 22,
15, 10, and 3, Township 6 South,
Range 4 East;
6. Then west along the township line
common to Township 5 South and
Township 6 South;
7. Then north along the range line
common to Range 4 East and Range 3
East;
8. Then west along the south
boundaries of Sections 13, 14, 15,
16, 17, and 18, Township 5 South,
Range 3 East;
9. Then north along the range line
common to Range 2 East and Range 3
East to the Riverside-San
Bernardino county line.
San Bernardino County--that portion of
San Bernardino County which lies south
and west of a line described as
follows:
1. Beginning at the San Bernardino-
Riverside County boundary and
running north along the range line
common to Range 3 East and Range 2
East, San Bernardino Base and
Meridian;
2. Then west along the township line
common to Township 3 North and
Township 2 North to the San
Bernardino--Los Angeles County
boundary.
* * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.
[FR Doc. E7-8673 Filed 5-10-07; 8:45 am]
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