[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Rules and Regulations]
[Pages 37976-37978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16029]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CA-282-0389; FRL-7515-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to redesignate the San Diego County 
area to attainment for the 1-hour ozone National Ambient Air Quality 
Standard (NAAQS). EPA is also approving 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).

EFFECTIVE DATE: This action is effective July 28, 2003.

ADDRESSES: You can inspect copies of the docket for this action during 
normal business hours at EPA's Region IX office. Please contact John 
Kelly if you wish to schedule a visit. You can inspect copies of the 
submitted SIP materials at the following locations:

U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
California Air Resources Board, 1001 I Street, Sacramento, California, 
95812.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096.

    The plan is also available electronically at: http://www.sdapcd.co.san-diego.ca.us/reports/RedesigPlan.pdf.

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

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

I. Background

    On March 20, 2003 (68 FR 13653-13657), we proposed to redesignate 
the San Diego County area to attainment for the 1-hour ozone National 
Ambient Air Quality Standard (NAAQS). We also proposed 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. The maintenance plan and budgets are contained in 
the Ozone Redesignation Request and Maintenance Plan for San Diego 
County, which was adopted December 11, 2002 by the board of the San 
Diego County Air Pollution Control District (``SDCAPCD'') and submitted 
by the California Air Resources Board on December 20, 2002.
    In our March proposal, we stated that final approval would be 
contingent upon our affirmative finding that the latest update to 
California's motor vehicle emissions model, known as EMFAC2002, is 
acceptable for purposes of SIP development and transportation 
conformity. On April 1, 2003, we published a Federal Register notice, 
stating our conclusion that the EMFAC2002 emission factor model is 
acceptable for use in SIP development and transportation conformity. 
(68 FRN 15720-15723)
    The proposal contains detailed information on the SIP submittal and 
our evaluation of the submittal against applicable CAA provisions and 
EPA policies relating to 1-hour ozone maintenance SIPs, redesignations 
and budgets.

II. Public Comments

    We received no public comment on our proposed action.

III. EPA Action

    In this document we are finalizing our proposed approval of the 
Ozone Redesignation Request and Maintenance Plan for San Diego County 
(December 2002), as meeting applicable provisions for 1-hour ozone 
maintenance plans, under CAA sections 175A and 110(k)(3). As part of 
this action, we are finalizing approval for the following specific plan 
elements. We indicate on which page of our proposal the element is 
discussed.
    (1) Approval of the emissions inventories for 2001, 2005, 2010, and 
2014, under CAA section 172(c)(3) and 175A (68 FR 13654).

[[Page 37977]]

    (2) Approval of the maintenance demonstration through 2014, under 
CAA section 175A (68 FR 13654).
    (3) Approval of the SDCAPCD commitment to continue ambient 
monitoring of the 1-hour ozone NAAQS, under CAA section 175A (68 FR 
13655).
    (4) Approval of the SDCAPCD commitment to track progress through 
annual review of monitoring data for the most recent three consecutive 
years, to verify continued attainment of the 1-hour ozone NAAQS, under 
CAA section 175A (68 FR 13655).
    (5) Approval of the contingency measures, under CAA section 175A(d) 
(68 FR 13655).
    (6) Approval of the 2010 and 2014 motor vehicle emissions budgets 
for volatile organic compounds (VOC) and nitrogen oxides 
(NOX), under CAA sections 176(c)(2), as adequate for 
maintenance of the 1-hour ozone NAAQS and for transportation conformity 
purposes (68 FR 13655).
    Finally, we are redesignating San Diego County to attainment for 
the 1-hour ozone standard under CAA section 107(d)(3)(E).
    As discussed, we finalize these actions, in view of the fact that 
in a separate action, we have found that the EMFAC2002 emission factor 
model is acceptable.

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 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 (Public Law 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 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 approves 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 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 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.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 25, 2003. 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, Hydrocarbons, 
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.

    Dated: June 6, 2003.
Alexis Strauss,
Acting Regional Administrator, Region IX.

0
Part 52 Chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(313) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (313) New and amended plan for the following agency was submitted 
on December 20, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Ozone Redesignation Request and Maintenance Plan for San Diego 
County, including motor vehicle emissions budgets for 2010 and 2014, 
Resolution 02-389, adopted on December 11, 2002.
* * * * *

[[Page 37978]]

PART 81--[AMENDED]

0
1. The authority citation for Part 81 continues to read as follows:

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

0
2. In Sec.  81.305, the California Ozone (1-Hour Standard) table is 
amended by revising the entry for the San Diego area to read as 
follows:


Sec.  81.305  California.

* * * * *

                                      California--Ozone (1.-Hour Standard)
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         Designated area                     Designation                           Classification
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                                    Date\1\           Type                 Date\1\                  Type
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                                                  * * * * * * *
San Diego Area: San Diego County.    7/28/03                        Attainment             .....................
 
                                                 * * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.

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[FR Doc. 03-16029 Filed 6-25-03; 8:45 am]
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