[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Rules and Regulations]
[Pages 40789-40791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17210]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[CA-282-0392; FRL-7515-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking final action to redesignate the Santa Barbara 
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 Santa Barbara portion of the California State Implementation Plan 
(SIP).

EFFECTIVE DATE: This action is effective August 8, 2003.

ADDRESSES: You can inspect copies of the docket for this action during 
normal business hours at EPA's Region IX office. Please contact Dave 
Jesson if you

[[Page 40790]]

wish to schedule a visit. You can inspect copies of the 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.
Santa Barbara County Air Pollution Control District 26 Castilian Drive, 
Suite B-23, Goleta, CA 93117.

    The plan is also electronically available at: http://www.sbcapcd.org/sbc/download01.htm.

FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region IX, (415) 972-
3957, or [email protected].

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

I. Background

    On March 25, 2003 (68 FR 14382-14388), we proposed to approve the 
1-hour ozone maintenance plan for Santa Barbara County nonattainment 
area (``Santa Barbara''), including the motor vehicle emissions 
budgets, and to grant the State's request that we redesignate the area 
to attainment, in accordance with Clean Air Act (``CAA'') section 
107(d)(3)(E). The maintenance plan and budgets are contained in the 
Final 2001 Clean Air Plan (``CAP''), which was adopted by the Santa 
Barbara County Air Pollution Control District (``SBCAPCD'') on December 
19, 2002, and submitted by the California Air Resources Board on 
February 21, 2003. 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 and budgets.
    In the 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 (68 FR 15720-15723), 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.

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 
Final 2001 CAP for Santa Barbara 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 of the following 
specific plan elements. We indicate on which page of our proposal the 
element is discussed.
    (1) Approval of the emission inventories for 1999, 2005, 2010, and 
2015, including a growth conformity allowance for the Vandenberg Air 
Force Base, under CAA section 172(c)(3) and 175A--68 FR 14384.
    (2) Approval of the maintenance demonstration through 2015, under 
CAA section 175A--68 FR 14384-5.
    (3) Approval of the SBCAPCD commitment to continue ambient 
monitoring of the 1-hour ozone NAAQS, under CAA section 175A--68 FR 
14385.
    (4) Approval of the SBCAPCD commitment to track progress through 
triennial updates to verify maintenance of the 1-hour ozone NAAQS, 
under CAA section 175A--68 FR 14385.
    (5) Approval of the contingency measures, under CAA section 
175A(d)--68 FR 14385 (Table 2).\1\
---------------------------------------------------------------------------

    \1\ On August 27, 2002 (67 FR 54963), we approved these same 
contingency measures under CAA section 110(K)(3) as strengthening 
the existing SIP. We are now approving them as meeting the 
maintenance plan provisions of CAA 175A(d).
---------------------------------------------------------------------------

    (6) Approval of the 2005 and 2015 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 14385-14386.
    Finally, we are redesignating Santa Barbara County to attainment 
for the 1-hour ozone standard under CAA section 107(d)(3)(E).
    As discussed, we finalize these actions because, 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

[[Page 40791]]

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 September 8, 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
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)(314) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (314) New and amended plan for the following agency was submitted 
on February 21, 2003, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Emission Inventories, 1-hour ozone maintenance demonstration, 
commitments to continue ambient monitoring and to track progress, and 
contingency measures, as contained in the Final 2001 Clean Air Plan 
adopted on December 19, 2002.
* * * * *

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 Santa Barbara-Santa Maria-Lompoc 
Area: to read as follows:


Sec.  81.305  California.

* * * * *

                                       California--Ozone (1-Hour Standard)
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification
         Designated area          ------------------------------------------------------------------------------
                                        Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Santa Barbara-Santa Maria-Lompoc   ..................  Attainment........
 Area:.
    Santa Barbara County.........  August 8, 2003....
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. 03-17210 Filed 7-8-03; 8:45 am]
BILLING CODE 6560-50-P