[Federal Register Volume 68, Number 54 (Thursday, March 20, 2003)]
[Proposed Rules]
[Pages 13653-13657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6707]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CA-282-0389; FRL-7470-5]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; 1-Hour Ozone Standard for 
San Diego, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to redesignate the San Diego County area to 
attainment for the 1-hour ozone National Ambient Air Quality Standard 
(NAAQS). EPA is also proposing to approve a 1-hour ozone maintenance 
plan and motor vehicle emissions budgets as revisions to the San Diego 
portion of the California State Implementation Plan (SIP).

DATES: Comments on this proposed action must be received by April 21, 
2003.

ADDRESSES: Please address your comments to: John J. Kelly, EPA Region 
9, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    You can inspect copies of the docket for this action at EPA's 
Region 9 office during normal business hours. You can also inspect 
copies of the submitted SIP revision at the following locations:

    California Air Resources Board, 1001 I Street, Sacramento, CA 
95814;
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096.

FOR FURTHER INFORMATION CONTACT: John J. Kelly, EPA Region 9, (415) 
947-4151, or [email protected]

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

I. Background

A. San Diego Designation, Classification, SIPs, and Attainment

    When the Clean Air Act (CAA) was amended in 1990, each area of the 
country that was designated nonattainment for the 1-hour ozone NAAQS, 
including the San Diego area, was classified by operation of law as 
marginal, moderate, serious, severe, or extreme depending on the 
severity of the area's air quality problem. The San Diego County 
nonattainment area (``San Diego'') was designated under CAA section 107 
as nonattainment, and initially classified under CAA section 181 as 
severe for the 1-hour ozone NAAQS. See 40 CFR 81.305 and 56 FR 56694 
(November 6, 1991). The area was reclassified as serious after we 
determined that the ozone design value used in the original 
classification was incorrect. 60 FR 3771 (January 19, 1995).
    The San Diego County Air Pollution Control District (SDCAPCD) 
adopted a serious area plan, demonstrating attainment by the applicable 
deadline of November 15, 1999. The California Air Resources Board 
(CARB) timely submitted the plan in 1994, and we approved the plan on 
January 8, 1997 (62 FR 1150).
    Although the San Diego area did not attain the standard by the 
November 15, 1999 deadline, the area did qualify to have that deadline 
extended, since the area had complied with all requirements and 
commitments in the SIP and recorded no more than 1 exceedance of the 
NAAQS in 1999. For areas meeting these provisions, CAA section 
181(a)(5) allows us to grant up to two 1-year extensions. On October 
11, 2000 (65 FR 65025), we granted the San Diego area a 1-year 
attainment date extension to November 15, 2000, and on August 6, 2001 
(66 FR 40908), we granted the area a second 1-year extension to 
November 15, 2001, since the area again had no more than 1 exceedance 
in the previous year. On October 23, 2002 (67 FR 65043), we issued a 
finding under CAA section 181(b)(2)(A) that the San Diego area had 
attained the 1-hour ozone NAAQS by the applicable attainment deadline 
of November 15, 2001.
    On December 11, 2002, SDCAPCD adopted the ``Ozone Redesignation 
Request and Maintenance Plan for San Diego County'' (``San Diego 
Maintenance Plan''). On December 20, 2002, CARB submitted the San Diego 
Maintenance Plan, with a request that we approve the plan as meeting 
the CAA maintenance plan provisions and redesignate San Diego to 
attainment for the 1-hour ozone NAAQS (letter from Michael P. Kenny, 
CARB Executive Officer, to Wayne Nastri, Regional Administrator, EPA 
Region 9).
    On December 20, 2002, CARB also transmitted for approval the 
State's latest update to the California-specific motor vehicle 
emissions model, known as EMFAC2002 (letter from Michael P. Kenny, CARB 
Executive Officer, to Jack Broadbent, Director, Air Division, EPA 
Region 9).\1\ EMFAC2002 is used to prepare the onroad emissions 
inventories in the plan. In early 2003, we expect to issue our 
conclusions regarding whether or not the EMFAC2002 emission factor 
model is acceptable and would thus be required to be used in the future 
for purposes of SIP development and transportation conformity. CARB 
provided us with information about the EMFAC2002 revisions as they were 
being prepared and finalized, and we have preliminarily concluded for 
purposes of this proposed action that the emission factor element of 
EMFAC2002 is an improved and acceptable methodology for determining 
motor vehicle emissions. Assuming that we find in a separate action 
that the updated emission factor model is acceptable, we propose to 
approve fully the emissions inventory, maintenance demonstration, motor 
vehicle emissions budgets, and redesignation request, as discussed 
below. If we fail to find that the emission factor model is acceptable, 
we will not finalize these actions.
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    \1\ The EMFAC model is the California equivalent to EPA's 
national motor vehicle emissions model, the most recent version of 
which is MOBILE6. EMFAC2002 reflects new vehicle test data and 
quantification techniques to update and enhance the information in 
the most recent prior versions. For example, EMFAC2002 accounts for 
heavy-duty vehicle emissions during extended idling and during off-
cycle operation.
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B. Clean Air Act Provisions for Maintenance Plans

    CAA section 175A sets forth the elements of a maintenance plan for 
areas seeking redesignation from nonattainment to attainment. The 
maintenance plan must provide for

[[Page 13654]]

continued maintenance of the applicable NAAQS for at least 10 years 
after the area is redesignated to attainment (CAA section 175A(a)). To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency provisions that are adequate to assure 
prompt correction of a violation, and must include a requirement that 
the State will implement all measures with respect to the control of 
the air pollutant concerned which were contained in the State 
implementation plan for the area before redesignation of the area as an 
attainment area (CAA section 175A(d)).
    We have issued maintenance plan and redesignation guidance, 
primarily in the ``General Preamble for the Implementation of Title I 
of the Clean Air Act Amendments of 1990'' (``General Preamble,'' 57 FR 
13498, April 16, 1992); a September 4, 1992 memo from John Calcagni 
titled ``Procedures for Processing Requests to Redesignate Areas to 
Attainment'' (``Calcagni memo''); a September 17, 1993 memo from 
Michael H. Shapiro titled ``State Implementation Plan (SIP) 
Requirements for Areas Submitting Requests for Redesignation to 
Attainment of the Ozone and Carbon Monoxide (CO) National Ambient Air 
Quality Standards (NAAQS) on or after November 15, 1992''; and a 
November 30, 1993 memo from D. Kent Berry titled ``Use of Actual 
Emissions in the Maintenance Demonstrations for Ozone and Carbon 
Monoxide (CO) Nonattainment Areas.''
    The Calcagni memo provides that an ozone maintenance plan should 
address five elements: an attainment year emissions inventory (i.e., an 
inventory reflecting actual emissions when the area recorded 
attainment, and thus a level of emissions sufficient to attain the 1-
hour ozone NAAQS), a maintenance demonstration, provisions for 
continued operation of an appropriate air quality monitoring network, 
verification of continued attainment, and contingency measures.

C. Clean Air Act Provisions for Redesignation

    CAA section 107(d)(3)(E) allows for redesignation providing that: 
(1) We determine, at the time of redesignation, that the area has 
attained the NAAQS; (2) we have fully approved the applicable 
implementation plan for the area under section 110(k); (3) we determine 
that the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the SIP, 
applicable Federal regulations, and other permanent and enforceable 
reductions; (4) we fully approve a maintenance plan for the area as 
meeting the requirements of section 175A; and, (5) the State containing 
such area has met all nonattainment area requirements applicable to the 
area under section 110 and part D. We have provided guidance on 
redesignation in the General Preamble and in the guidance memos cited 
above.

II. EPA Review of the San Diego Maintenance Plan and Redesignation 
Request

A. Maintenance Plan

    CARB submitted the San Diego Maintenance Plan on December 20, 2002. 
On January 14, 2003, we found that this submittal met the completeness 
criteria in 40 CFR part 51, appendix V, including the requirement for 
proper public notice and adoption.
1. Attainment Emissions Inventory
    The San Diego Maintenance Plan includes 2001 base year emission 
inventories for Volatile Organic Compounds (VOC) and Nitrogen Oxides 
(NOX), which are used to backcast emissions for 1990, 1995, 
and 2000, and to forecast emissions for 2005, 2010, and 2014, taking 
into account growth and changes in control factors.
    The inventories use current and accurate methodologies, emissions 
factors, and survey information. The inventories represent actual 
emissions, with certain exceptions that are documented in the 
maintenance plan. For example, the projected emissions inventories 
include emission reduction credits (ERCs) in the SDCAPCD's Source 
Register and a projected military growth conformity increment (Appendix 
A). Banked ERCs are 0.7 tpd VOC and 0.3 tpd NOX in 2005, 
2010, and 2014 (pages A-3 and A-5). The military growth conformity 
increment is 11.4 tpd NOX in 2005, 2010, and 2014 (page A-
5).
    The onroad emissions inventories employ the new CARB motor vehicle 
emissions factor model, EMFAC2002. The motor vehicle inventories use 
the latest planning activity levels, including travel activity 
forecasts updated by the San Diego Association of Governments (SANDAG).
    As discussed above, we expect to issue our conclusions regarding 
whether or not the emission factor element of EMFAC2002 is acceptable 
in early 2003. Assuming that we find that the updated element is 
acceptable, we propose to approve fully the emissions inventories under 
CAA sections 172(c) and 175A, because the emissions inventories are 
complete, consistent with our most recent guidance, and reflect the 
latest information available at the time of plan preparation. However, 
if we fail to find that the emission factor element of the model is 
acceptable, we will not finalize this proposed approval.
2. Maintenance Demonstration
    Original maintenance plans must show how the NAAQS will be 
maintained for the next 10 years following redesignation to attainment. 
This is generally performed by assuming that the emissions levels at 
the time attainment is achieved constitute a limit on the emissions 
that can be accommodated without violating the NAAQS. In the case of 
this plan, projected VOC and NOX emissions for 2005, 2010, 
and 2014 show continued attainment, since emissions levels of both of 
the ozone precursors are below 2001 levels. Table 1 below shows 
baseline and projected summer day emissions levels. The projected 
emissions levels assume no emissions reductions from New Source Review 
(NSR) or the Title V operating permit program.

     Table 1.--San Diego County Maintenance Demonstration Summer Day
                                Emissions
                             [tons per day]
------------------------------------------------------------------------
          Year                     VOC                      NOX
------------------------------------------------------------------------
            2001                    220.8                   240.7
            2005                    189.7                   218.4
            2010                    177.2                   192.1
            2014                    170.7                  167.4
------------------------------------------------------------------------
Source: San Diego Maintenance Plan (Table 5-2)

    Maintenance is demonstrated since emissions of both ozone 
precursors decline from the 2001 attainment year inventory: VOC 
emissions are reduced by 50.1 tpd (approximately 22.7 percent) from 
2001 to 2014, and NOX emissions are reduced by 73.3 tpd by 
2014 (approximately 30.5 percent). Increasingly stringent California 
and Federal motor vehicle emissions standards and fleet turnover 
account for the bulk of the inventory reductions, and the remaining 
emissions reductions come from fully adopted, permanent, and 
enforceable State, local, and Federal regulations. Assuming that we 
find that the emission factor element of EMFAC2002 is acceptable, we 
propose to approve the maintenance demonstration under CAA section 
175A(a), since the plan shows that emissions will decline below 
attainment levels due to the projected impact of fully adopted, 
permanent, and enforceable regulations. If we fail to find that the 
EMFAC2002 emission factor

[[Page 13655]]

element is acceptable, we will not finalize this proposed action.
3. Continued Ambient Monitoring
    The maintenance plan needs to contain provisions for continued 
operation of an air quality monitoring network that meets the 
provisions of 40 CFR part 58 and will verify continued attainment. The 
maintenance plan includes a commitment by SDCAPCD to continue to 
operate its monitoring network in compliance with the criteria of 40 
CFR part 58 (page 5-4). This SDCAPCD commitment meets the continued 
monitoring provision.
4. Verification of Continued Attainment
    The maintenance plan needs to show how the responsible agencies 
will track progress, and the plan should specifically provide for 
periodic inventory updates. The San Diego Maintenance Plan includes a 
commitment by SDCAPCD to meet this obligation through annual review of 
monitoring data from the most recent three consecutive years to verify 
continued attainment (page 5-5). This commitment meets our provisions 
for verification of continued attainment.
5. Contingency Provisions
    CAA section 175A(d) provides that maintenance plans include 
contingency provisions ``necessary to assure that the State will 
promptly correct any violation of the standard * * *. Such provisions 
shall include a requirement that the State will implement all measures 
with respect to the control of the air pollutant concerned which were 
contained in the State implementation plan for the area before 
redesignation of the area as an attainment area.''
    The San Diego Maintenance Plan notes that future effective 
provisions in CARB's standards for light- and medium-duty vehicles (LEV 
II), heavy-duty vehicles, and off-road engines will provide significant 
continuing emissions reductions through the maintenance period. If new 
violations were to occur during the maintenance period, these measures 
should achieve sufficient reductions to correct the violations quickly. 
SDCAPCD notes that all measures in the San Diego ozone nonattainment 
SIP, including the NSR offset requirement, are retained in the San 
Diego Maintenance Plan, and the District will continue to implement the 
measures, in compliance with CAA section 175A(d). Finally, SDCAPCD 
commits to work with CARB to ensure the adoption, submittal, and 
expeditious implementation of any additional feasible measure(s) needed 
to ensure maintenance of the 1-hour ozone NAAQS (pages 5-5 and 5-6). We 
propose to approve these provisions and commitments as meeting the 
contingency requirements of CAA section 175A(d).
6. Motor Vehicle Emissions Budgets
    Maintenance plan submittals must specify the maximum emissions of 
transportation-related precursors of ozone allowed in the last year of 
the maintenance period. The submittals must also demonstrate that these 
emissions levels, when considered with emissions from all other 
sources, are consistent with maintenance of the NAAQS. In order for us 
to find these emissions levels or ``budgets'' adequate and approvable, 
the submittal must meet the conformity adequacy provisions of 40 CFR 
93.118(e)(4) and (5), and be approvable under all pertinent SIP 
requirements.
    The budgets defined by this and other plans when they are approved 
into the SIP or, in some cases, when the budgets are found to be 
adequate, are then used to determine the conformity of transportation 
plans, programs, and projects to the SIP, as described by CAA section 
176(c)(3)(A). For more detail on this part of the conformity 
requirements, see 40 CFR 93.118. For transportation conformity 
purposes, the cap on emissions of transportation-related ozone 
precursors is known as the motor vehicle emissions budget. The budget 
must reflect all of the motor vehicle control measures contained in the 
maintenance demonstration (40 CFR 93.118(e)(4)(v)).
    The motor vehicle emissions budgets are presented in Table 2 below, 
entitled ``San Diego Maintenance Plan Motor Vehicle Emissions 
Budgets.''

  Table 2.--San Diego Maintenance Plan Motor Vehicle Emissions Budgets
                  [Emissions are shown in tons per day]
------------------------------------------------------------------------
                      Year                            NOX         VOC
------------------------------------------------------------------------
2010............................................         88          46
2014 and Subsequent Years.......................         66         36
------------------------------------------------------------------------
 Source: San Diego Maintenance Plan, Table 5-3.

    As discussed above in section II.A.1., Attainment Emissions 
Inventory, the motor vehicle emissions portion of these budgets (i.e., 
the evaporative and tailpipe emissions) was developed using the 
EMFAC2002 motor vehicle emissions factors and updated county-specific 
vehicle data, including the latest San Diego County planning 
assumptions on vehicle fleet and age distribution and activity levels. 
The budgets represent motor vehicle emissions levels, rounded up to the 
next whole number and adding one tpd to account for imprecision in 
motor vehicle emissions and potential slight emission increases 
associated with recent state legislation (AB 2637, 2002) affecting the 
motor vehicle inspection and maintenance program.
    Assuming that we find that the emission factor element of EMFAC2002 
is acceptable, we propose to approve the motor vehicle emission budgets 
as consistent with the criteria of 40 CFR 93.118(e)(4) and (5), 
including consistency with the baseline emissions inventories and the 
motor vehicle emissions used in the maintenance demonstration. 
Specifically, we are proposing to approve the budgets in the San Diego 
Maintenance Plan, which are based on, and consistent with, the 
maintenance demonstration. In a separate action, we will make a finding 
as to whether the above motor vehicle emissions budgets are adequate 
for purposes of conformity of transportation plans with the San Diego 
Maintenance Plan. We are taking this action separately in order to make 
the adequacy determination on the motor vehicle emission budgets within 
approximately 90 days of receipt of the plan, consistent with EPA's May 
14, 1999 guidance on implementation of March 2, 1999 conformity court 
decision.

B. Redesignation Provisions

1. Attainment of the 1-Hour Ozone NAAQS
    On October 23, 2002 (67 FR 65043), EPA issued a final determination 
that San Diego County had attained the 1-hour ozone NAAQS by the CAA 
deadline of November 15, 2001. This finding was based on our conclusion 
that the design value for each monitor in the County for the period 
1999-2001 was equal to or less than 0.12 ppm, and the average number of 
expected exceedance days per year was 1.0 or less for each monitor 
during that period. We also concluded that the ozone monitoring network 
for the area continued to meet or exceed applicable requirements. See 
also the discussion in our direct final determination of attainment 
published on August 23, 2002 (67 FR 54580).\2\
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    \2\ This direct final determination was withdrawn on October 23, 
2002 (67 FR 65045) because an adverse comment was received.
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    We have now looked at exceedance days and design values for each 
monitor for the most recent 3-year period, 2000-2002. The data for 
1999-2001 and 2000-

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2002 are presented in Table 3, entitled ``Average Number of Ozone 
Exceedance Days per Year and Design Values by Monitor in San Diego 
County, 1999-2001 and 2000-2002.'' As noted, not all data for the 4th 
quarter of 2002 have yet been quality assured and entered into EPA's 
Aerometric Information Retrieval System--Air Quality Subsystem (AIRS-
AQS) database.

  Table 3.--Average Number of Ozone Exceedance Days per Year and Design Values by Monitor in San Diego County,
                                           1999-2001 and 2000-2002 \1\
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                                                                   1999-2001                   2000-2002
                                                         -------------------------------------------------------
                                                                              Site                        Site
                          Site                             Average number    design    Average number    design
                                                           of exceedance     value     of exceedance     value
                                                           days per year     (ppm)     days per year     (ppm)
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Alpine (PAMS/SLAMS).....................................              0.3      0.118              0.3      0.118
Camp Pendleton (PAMS/SLAMS).............................              0        0.098              0        0.096
Chula Vista (SLAMS).....................................              0        0.099              0        0.092
Del Mar (SLAMS).........................................              0        0.092              0        0.091
El Cajon (PAMS/SLAMS)...................................              0        0.104              0        0.104
Escondido (SLAMS).......................................              0.3      0.110              0.3      0.110
Oceanside (SLAMS) \2\...................................              0        0.091  ...............  .........
Otay Mesa (SLAMS).......................................              0        0.089              0        0.089
San Diego/Overland (PAMS/NAMS)..........................              0.3      0.106              0.3      0.111
San Diego/12th St (SLAMS)...............................              0        0.088              0       0.086
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 Note 1: EPA's monitoring network regulations are codified at 40 CFR 58. The regulations provide for National
  Air Monitoring Stations (NAMS), State or Local Air Monitoring Stations (SLAMS), and Photochemical Assessment
  Monitoring Stations (PAMS). All of the stations in the San Diego County monitoring network are operated by
  SDCAPCD or CARB. All data produced by these stations are submitted to the AIRS-AQS database.
 Note 2: The Oceanside monitor (on Mission Avenue) was closed in March 2002 because it was determined to be less
  representative of air pollution levels in the Oceanside area than the monitor at Camp Pendleton, which is less
  than 2 miles away and which typically records higher concentrations. No exceedances have been recorded at the
  Oceanside monitor since 1993.

    As shown in Table 3, the highest design value at any monitor for 
1999-2001 and for 2000-2002, and thus the design value for the San 
Diego area for those periods, is below 0.12 ppm. No monitor in the San 
Diego area recorded an average of more than 1 exceedance of the 1-hour 
ozone standard per year during the 1999-2001 and 2000-2002 periods.
    Because the area's design value is below the 1-hour ozone standard 
of 0.12 ppm and the area has averaged less than 1 exceedance per year 
at each monitor for the 1999-2001 and 2001-2002 periods, we propose to 
conclude that the San Diego area has met this prerequisite to 
redesignation because the area has attained and continues to attain the 
1-hour ozone standard.
2. Fully Approved Implementation Plan Under CAA Section 110(k)
    Following adoption of the CAA of 1970, California has adopted and 
submitted and we have fully approved at various times provisions 
addressing the various SIP elements applicable in San Diego County. No 
San Diego SIP provisions are currently disapproved, conditionally 
approved, or partially approved.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
    Section 4 of the San Diego Maintenance Plan includes analyses 
demonstrating that the reductions in ozone concentrations cannot be 
attributed to reduced activity levels or favorable meteorology, but are 
rather due to permanent and enforceable measures. The plan shows a 
steady increase in Gross Regional Product and vehicle miles traveled 
from 1993 through 2001, reflective of continued activity growth in the 
area. The plan also lists 3-year average surface and aloft temperatures 
during April to October for each period from 1993 through 2001, and 
compares these values with the average temperatures for 1993-2001 
(Table 4-3). This analysis shows that temperatures during the period 
when the County attained the NAAQS were slightly higher than the norm, 
suggesting that anomalously cool weather did not account for 
attainment.
4. Fully Approved Maintenance Plan
    In section II.A., above, we are proposing to approve fully the San 
Diego Maintenance Plan as meeting the CAA section 175A provisions for 
maintenance plans assuming that we find that the EMFAC2002 emission 
factor element is acceptable.
5. CAA Section 110 and Part D Provisions Satisfied
    We approved San Diego's 1994 ozone SIP on January 8, 1997 (62 FR 
1150) with respect to CAA section 110 and Part D provisions applicable 
to a serious nonattainment area. The CAA section 110 and Part D 
provisions continue to be satisfied.

III. EPA Action

    We are proposing to approve the San Diego Maintenance Plan under 
CAA sections 175A and 110(k)(3). We are proposing to approve the 2010 
and 2014 VOC and NOX motor vehicle emissions budgets in 
Table 2 above, under CAA sections 176(c) as adequate for maintenance of 
the 1-hour ozone NAAQS and for transportation conformity purposes. 
Finally, we are proposing to redesignate San Diego County to attainment 
for the 1-hour ozone standard under CAA section 107(d)(3)(E). As 
discussed, we will not finalize any of these actions unless we find 
that the EMFAC2002 emission factor element is acceptable.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a

[[Page 13657]]

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 proposes to approve 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 proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). 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 
merely proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children From Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    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 
submission, 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. This proposed 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.).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 12, 2003.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 03-6707 Filed 3-19-03; 8:45 am]
BILLING CODE 6560-50-P