[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21885-21889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8812]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0313; FRL-8557-3]


Revisions to the California State Implementation Plan; Pesticide 
Element; Ventura County

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Under the Clean Air Act, EPA is proposing to approve a 
revision of the California State Implementation Plan submitted by the 
California Air Resources Board on November 30, 2007. The revision would 
in part, and temporarily, relax a commitment to

[[Page 21886]]

reduce emissions of volatile organic compounds in Ventura County caused 
by the application of pesticides. EPA is proposing this action under 
the Clean Air Act obligation to take action on submittals of revisions 
to state implementation plans.

DATES: Any comments must arrive by May 23, 2008.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0313, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions.
     E-mail: [email protected].
     Mail or deliver: Raymond Chavira (AIR-2), U.S. 
Environmental Protection Agency Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an 
``anonymous access'' system, and EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send e-mail directly to EPA, your e-mail address will be 
automatically captured and included as part of the public comment. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment.
    Docket: The index to the docket for this action is available 
electronically at http://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 in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), 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 below.

FOR FURTHER INFORMATION CONTACT: Raymond Chavira, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 947-
4218, [email protected].

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

Table of Contents

I. Background
II. The State's SIP Revision Submittal
    A. What revisions did the State submit?
    B. Are there other versions of this SIP element?
    C. What is the purpose of the SIP revision?
III. EPA's Evaluation of the SIP Revision
    A. How is EPA evaluating the revision?
    B. Does the revision meet the evaluation criteria?
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews

I. Background

    Under the Clean Air Act, as amended in 1990 (CAA or ``Act''), many 
parts of the country, including California's Ventura County, were 
designated as nonattainment for the ozone national ambient air quality 
standard (NAAQS), which, at the time, was 0.12 ppm, 1-hour average. 
Under the Act, States with nonattainment areas were required to 
develop, adopt and submit SIP revisions that included sufficient 
control measures to attain the 1-hour ozone NAAQS by deadlines also 
established in the Act. In response, in 1994, the State of California 
developed, adopted and submitted an ozone State Implementation Plan 
(SIP) (``1994 Ozone SIP'') to provide for attainment of the ozone NAAQS 
in all areas of California.
    As part of the 1994 Ozone SIP, California adopted a Pesticide 
Element that committed the State to reduce volatile organic compound 
(VOC) emissions resulting from the application of agricultural and 
structural pesticides in certain ozone nonattainment areas. For the 
Ventura County nonattainment area (Ventura), the California Department 
of Pesticide Regulation (DPR) committed to adopt and submit to EPA by 
June 15, 1997, any regulations necessary to reduce VOC emissions from 
agricultural and structural pesticides by 20 percent of the 1990 base 
year emissions by 2005. California further defined DPR's commitment in 
Ventura under the Pesticide Element in terms of VOC emissions 
reductions of 2.4 tons per day by 2005.\1\ See 62 FR 1150, at 1169-1170 
and at 1187 (January 8, 1997); and 40 CFR 52.220(c)(204)(i)(A)(6) and 
52.220(c)(236). In 1997, we approved the 1994 Ozone SIP, including the 
Pesticide Element. See 62 FR 1150, at 1169-1170 (January 8, 1997). In 
today's document, we propose to approve a revision by California of the 
Pesticide Element for Ventura County.\2\
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    \1\ Tonnage commitment is 2.37 tons per day per letter dated 
June 13, 1996, from James D. Boyd to David Howekamp, including 
``Corrections to State and Local Measures'' (Attachment A) and 
``Summary Emission Reduction Spreadsheets'' (Attachment C).
    \2\ Several environmental groups successfully sued the State of 
California for failure to adopt regulations necessary to achieve the 
VOC emissions reduction committed to under the Pesticide Element. 
See El Comite v. Helliker, 416 F. Supp. 2d 912 (E.D.Cal. 2006). The 
ensuing court order has led DPR to adopt a regulation that achieves 
all of the VOC emission reductions previously committed to for 
Ventura County beginning with the peak ozone season (May through 
October) in 2008. We are not taking action on DPR's regulation in 
today's action, but rather, are taking action on a revision of the 
Pesticide Element that, if finalized as proposed, will allow 
California to seek a modification to the court order followed by 
conforming changes to DPR's rule.
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    Meanwhile, EPA has replaced the 0.12 ppm, 1-hour ozone NAAQS with 
0.08 ppm, 8-hour ozone NAAQS (62 FR 38856, July 18, 1997). EPA has also 
designated all areas of the country with respect to the 8-hour ozone 
NAAQS. In so doing, EPA designated Ventura County as nonattainment for 
ozone with a classification of ``moderate'' (69 FR 23889, April 30, 
2004). On February 14, 2008,\3\ California requested EPA to reclassify 
Ventura County from ``moderate'' to ``serious'' with a new attainment 
date of 2012. EPA has not taken action yet on the State's voluntary 
request to reclassify Ventura County to ``serious,'' but is mandated 
under the CAA to grant such request, and thus, is reviewing the subject 
SIP revision assuming that Ventura's classification for the 8-hour 
ozone NAAQS will in the near future become ``serious.'' See CAA section 
181(b)(3). Under EPA's phase I implementation rule for the 8-hour ozone 
NAAQS, certain ``applicable requirements'' that applied under 1-hour 
ozone NAAQS planning requirements continue to apply to 8-hour ozone 
nonattainment areas. See 40 CFR 51.900(f). The ``Pesticide Element'' is 
not one of the applicable requirements under our phase I rule for the 
8-hour ozone NAAQS but represents, instead, a ``discretionary'' 
measure, which means that California may relax or repeal it through a 
SIP revision so long as generally applicable procedural and substantive 
requirements for such revisions are met.
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    \3\ See February 14, 2008 letter from CARB Executive Officer 
James Goldstene to Wayne Nastri, EPA Region 9 Regional 
Administrator.
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II. The State's SIP Revision Submittal

A. What revisions did the State submit?

    Table 1 lists the revision we are proposing to approve with the 
dates that

[[Page 21887]]

it was revised and submitted by the California Air Resources Board 
(CARB).

                           Table 1.--Submitted SIP Revision Proposed for Full Approval
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           State agency                   SIP revision              Amended                  Submitted
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CARB.............................  Revised Proposed Revision  November 30, 2007..  November 30, 2007.
                                    to the Pesticide Element
                                    of the 1994 Ozone SIP
                                    for the Ventura County
                                    Nonattainment Area
                                    (August 13, 2007).
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    CARB's November 30, 2007 SIP revision submittal package includes 
the ``Revised Proposed Revision to the Pesticide Element of the 1994 
Ozone SIP for the Ventura County Nonattainment Area (August 13, 2007)'' 
(``Revised Pesticide Element for Ventura'') as attachment 3 to 
Executive Order S-07-003.\4\ The November 30, 2007 SIP revision 
submittal also includes a copy of CARB's Resolution 07-42, dated 
September 27, 2007, approving the Revised Pesticide Element for 
Ventura, and evidence of public participation including CARB's response 
to public comments and a public hearing held on September 27, 2007.
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    \4\ The Revised Pesticide Element for Ventura is also referred 
to as ``Appendix H'' because it was originally included as such for 
the Proposed State Strategy for California's 2007 State 
Implementation Plan, but was subsequently pulled from that document 
for separate SIP processing.
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    As noted above, under the Pesticide Element of the 1994 Ozone SIP, 
DPR committed to adopt and submit to EPA by June 15, 1997, any 
regulations necessary to reduce VOC emissions resulting from 
agricultural and structural pesticides in Ventura by 20 percent of the 
1990 base year emissions, and by 2.4 tons per day, by 2005. Under the 
Revised Pesticide Element for Ventura, CARB commits to substitute 
specific ``surplus'' emissions reductions for a portion of the existing 
Pesticide Element commitment for Ventura. See Table 3 of the Revised 
Pesticide Element for Ventura. Under the Revised Pesticide Element for 
Ventura, CARB reduces the amount of the substitution each year such 
that no substitution is made in year 2012 and thereafter, thus 
restoring the full VOC commitment under the Pesticide Element of the 
1994 Ozone SIP. CARB cites California's on-going mobile source emission 
control program, which, in CARB's view, has achieved greater-than-
expected VOC emissions reductions, as the source for the substitute VOC 
emissions reductions.

B. Are there other versions of this SIP element?

    As discussed above, we approved the Pesticide Element, including 
the specific emissions reduction commitments, as part of the 1994 
California Ozone SIP (62 Federal Register 1169-1170, January 8, 1997). 
We have yet to approve DPR's regulation implementing the Pesticide 
Element of the 1994 Ozone SIP and do not propose to do so as part of 
this action.

C. What is the purpose of the SIP revision?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, nitrogen oxides, particulate 
matter, and other air pollutants which harm human health and the 
environment. Ozone is formed by the interaction of directly-emitted 
precursor emissions, VOCs and oxides of nitrogen (NOX), in the presence 
of sunlight under the influence of meteorological and topographical 
features of an area. California adopted the Pesticide Element as one of 
the commitments to help attain the ozone NAAQS in the State of 
California. As part of the Pesticide Element of the 1994 Ozone SIP, 
California adopted specific VOC emissions reduction commitments for 
Ventura County in support of the attainment demonstration for the ozone 
NAAQS in that area. California has now revised the Pesticide Element to 
reduce in part, and temporarily, the VOC emissions reduction 
commitments for Ventura County to avoid short-term, but potentially 
significant, economic losses by strawberry farmers and the potential 
for long-term loss of farmland to urban development. The State has 
submitted the Revised Pesticide Element for Ventura to EPA for approval 
as a revision of the California SIP.

III. EPA's Evaluation of the SIP Revision

A. How is EPA evaluating the revision?

    Generally, SIP rules must be enforceable and must not interfere 
with an area's progress towards attainment or any other requirement of 
the Act. See CAA sections 110(a), 110(l); see also CAA section 193 
(antibacksliding requirements for pre-1990 control measures). CAA 
section 110(l) directs EPA to disapprove any SIP revision that would 
interfere with any applicable requirement concerning attainment or 
reasonable further progress or any other applicable requirement of the 
Act. CAA section 193 does not apply to this action because the 
Pesticide Element was not part of the pre-1990 California SIP and thus, 
a revision to the Pesticide Element does not modify a control 
requirement in effect before passage of the Clean Air Act Amendments of 
1990.

B. Does the revision meet the evaluation criteria?

    CAA section 110(l) provides: ``Each revision to an implementation 
plan submitted by a State under this chapter shall be adopted by such 
State after reasonable notice and public hearing. The Administrator 
shall not approve a revision of a plan if the revision would interfere 
with any applicable requirement concerning attainment and reasonable 
further progress (as defined in section 7501 of this title) or any 
other applicable requirement of this chapter.'' The term ``reasonable 
further progress'' (RFP) is defined in section 7501 (CAA section 171) 
as ``such annual incremental reductions in emissions of the relevant 
air pollutant as are required by this part or may reasonably be 
required by the Administrator for the purpose of ensuring attainment of 
the applicable national ambient air quality standard by the applicable 
date.'' We interpret CAA section 110(l) as requiring EPA to ensure that 
the state, in seeking a revision to its SIP, does not impair its 
compliance with the statutory mandates applicable to the SIP.
    As noted above, under the Revised Pesticide Element for Ventura, 
CARB substitutes ``surplus'' VOC emissions reductions from California's 
mobile source emission control program for a portion of the State's VOC 
emissions reduction commitments from application of pesticides. Because 
emissions reductions from California's mobile source emissions control 
program are included in the baseline for 8-hour ozone planning 
purposes, we do not view the emissions reductions as ``surplus'' With 
respect to RFP and attainment of the 8-hour ozone NAAQS. Rather, we 
view the Revised Pesticide

[[Page 21888]]

Element for Ventura as simply a reduction in the State's emissions 
reduction commitments leading to an increase, albeit temporarily, in 
VOC emissions in Ventura relative to what otherwise would occur. 
Specifically, we view the Revised Pesticide Element for Ventura as 
reducing the State's commitments by 1.3 tons per day in 2008, 1.0 tons 
per day in 2009, 0.7 tons per day in 2010, and 0.3 tons per day in 
2011, and thereby allowing corresponding increases in VOC in those 
years. Under the Revised Pesticide Element for Ventura, we note that 
there would be no reduction in the State's SIP commitment by year 2012 
and thereafter.
    We have developed two tables to present the effects of the Revised 
Pesticide Element for Ventura. Table 2 compares the emissions reduction 
commitments under the existing SIP with those that would exist under 
the Revised Pesticide Element and shows how CARB's substitutions link 
the two sets of emissions reduction commitments. Table 3 converts the 
emissions reduction commitments shown in Table 2 into corresponding VOC 
emissions estimates in Ventura County resulting from application of 
pesticides. As shown in Table 3, allowable VOC emissions under the 
different emissions reduction commitments would increase from 3.7 to 
4.3 tons per day in 2008 under the Revised Pesticide Element from 2.4 
to 3.0 tons per day under the existing Pesticide Element. The increase 
would decline in stages to the ultimate VOC emissions cap from this 
source category under the emissions reduction commitments of 2.5 
(rounded from 2.45) tons per day in 2012.

  Table 2.--Commitments for VOC Emission Reductions (in Tons Per Day) From Pesticides Under the Existing SIP and Revised Pesticide Element for Ventura
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                                                                   Pesticide element in existing SIP       CARB          Revised pesticide element \b\
                                                                                  \a\                  substitution  -----------------------------------
                                                                 ------------------------------------     of VOC       20 Percent reduction     Tonnage
                                                                   20 Percent reduction     Tonnage      emission    -----------------------------------
                              Year                               ------------------------------------   reductions
                                                                                                       under revised
                                                                     1990        1991        2005        pesticide       1990        1991        2005
                                                                                                          element
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2008............................................................         1.8         2.2         2.4             1.3         0.5         0.9         1.1
2009............................................................         1.8         2.2         2.4             1.0         0.8         1.2         1.4
2010............................................................         1.8         2.2         2.4             0.6         1.2         1.6         1.8
2011............................................................         1.8         2.2         2.4             0.3         1.5         1.9         2.1
2012+...........................................................         1.8         2.2         2.4             0.0         1.8         2.2         2.4
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\a\ The emissions reductions shown for 1990 and 1991 under the percent reduction commitment represent the differences between current VOC pesticide
  emissions (assumed to be the same as 2004, i.e., 4.826 tpd) and 80 percent of 1990 (3.756 tpd) and 1991 (i.e., 3.293 tpd), respectively. DPR's
  September 29, 2007 memorandum from Terrell Barry, Ph.D., Research Scientist III, DPR, et al to John Sanders, Ph.D., Chief, Environmental Monitoring
  Branch, DPR is the source for 1990, 1991, and 2004 emissions estimates. The 1994 Ozone SIP anticipated that 1991 pesticide use records would be used
  to adjust emissions for 1990. It is not clear whether DPR's September 29, 2007 VOC emissions estimates for 1990 or 1991 reflect the calculation method
  described in the 1994 Ozone SIP.
\b\ Calculated by subtracting CARB's substitution from the emission reduction commitments in the Pesticide Element of the Existing SIP.


   Table 3.--VOC Emissions From Application of Pesticides in Ventura County Under Existing SIP Commitments and Under the Revised Pesticide Element for
                                                                         Ventura
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                                                                   Pesticide element in existing SIP       CARB          Revised pesticide element \b\
                                                                                  \a\                  substitution  -----------------------------------
                                                                 ------------------------------------     of VOC       20 Percent reduction     Tonnage
                                                                   20 Percent reduction     Tonnage      emission    -----------------------------------
                              Year                               ------------------------------------   reductions
                                                                                                       under revised
                                                                     1990        1991        2005        pesticide       1990        1991        2005
                                                                                                          element
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2008............................................................         3.0         2.6         2.5             1.3         4.3         3.9         3.8
2009............................................................         3.0         2.6         2.5             1.0         4.0         3.6         3.5
2010............................................................         3.0         2.6         2.5             0.6         3.6         3.2         3.1
2011............................................................         3.0         2.6         2.5             0.3         3.3         2.9         2.8
2012+...........................................................         3.0         2.6         2.5             0.0         3.0         2.6         2.5
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\a\ The emissions estimates shown in these columns subtract the emission reduction commitments shown in Table 2 under the existing SIP with emissions
  estimated for 2004 (and assumed for planning purposes by California thereafter until 2012, i.e., 4.82 tpd). See page C-2 of the Final Draft Ventura
  County 2007 Air Quality Management Plan (March 2008).
\b\ Calculated by adding CARB substitutions to the VOC emissions estimates for pesticides under the existing SIP.

    Thus, the Revised Pesticide Element for Ventura would have an 
impact on air quality in the short term as it would slow down slightly 
the improvement in ozone levels as compared to fully achieving the 
commitments for pesticide emission reductions in the 1994 Ozone SIP. 
However, the revision phases out over four years ensuring that it would 
not interfere with Ventura's ability to attain the 8-hour ozone NAAQS 
by the serious area deadline in 2012. In 2012, the emissions reduction 
commitments are 2.4 tpd (rounded from 2.37).
    For ozone, the Revised Pesticide Element would not affect 
attainment of the 8-hour ozone NAAQS because the revision would be 
phased-out by 2012. In other words, under the Revised Pesticide 
Element, the emissions reduction commitments under the 1994 Ozone SIP 
would be fully restored by 2012. Therefore, our approval of the 
revision would not interfere with Ventura's attainment of the 8-hour 
ozone NAAQS.
    The only remaining question with respect to ozone is whether the 
Revised Pesticide Element would interfere with 8-hour ozone RFP. 
Ventura has completed its Final Draft 8-hour ozone SIP, including an 
RFP plan,\5\

[[Page 21889]]

demonstrating attainment of the 8-hour ozone NAAQS by the ``serious'' 
area deadline. The RFP plan includes an air quality analysis that 
demonstrates RFP toward attaining the 8-hour ozone NAAQS without the 
attribution of VOC emission reductions from pesticides. Based on the 
air quality analysis contained in the RFP plan, Ventura meets the RFP 
milestone year reductions and the three percent contingency 
requirements for ``serious'' areas in 2008, 2011, and 2012 with a 
combination of VOC and NOX reductions. The State adjusted 
the milestone year emissions for local and state control measures 
already adopted through December 31, 2006. These adjustments do not 
include any adjustment for VOC emission reductions from pesticides.\6\
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    \5\ See Ventura County Air Pollution Control District ``Final 
Draft 2007 Air Quality Management Plan'', March 2008, pp. 71-74, 
included in the docket for this proposed rule.
    \6\ For all milestone years, the RFP plan assumes 4.82 tons per 
day from pesticides. In contrast, if the RFP plan had relied on 
emission reductions commitments in the Pesticide Element of the 1994 
Ozone SIP or the Revised Pesticide Element proposed for approval 
herein, the VOC emissions from this source category would have 
ranged from 2.5 tons per year to 4.3 tons per day depending upon 
specific commitment and year. See Table 3 of this document.
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    EPA approved Ventura's 15 percent rate-of-progress plan for the 1-
hour ozone NAAQS on January 8, 1997 (see 62 FR 1169). EPA's final 8-
hour ozone RFP rule does not require serious and above 8-hour ozone 
nonattainment areas with approved 15 percent rate-of-progress VOC plans 
for the 1-hour ozone standard to do another 15 percent VOC-only 
reduction for the 8-hour ozone standard. See 70 FR 71612 (November 29, 
2005) and 73 FR 15418-9 (March 24, 2008). Rather, those areas must 
reduce VOC and/or NOX emissions by an average of three 
percent per year for the first six-year period following the baseline 
year plus all remaining three-year periods out to their attainment 
dates. Therefore the RFP plan includes a combination of VOC and 
NOX reductions. The RFP plan also includes transport 
contributions from the Los Angeles-South Coast Air Basin within 100 
kilometers of Ventura. The State followed guidance in EPA's fine 
particulate matter Implementation Rule for crediting VOC and 
NOX reductions from outside the nonattainment area for RFP 
purposes.\7\ See 72 FR 20586 (April 25, 2007) and 73 FR 15418-9 (March 
24, 2008).
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    \7 \ See Harnett-Zaw-Mon RFP memo, October 11, 2007.
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    This SIP revision only concerns VOC emissions. Emissions of VOCs 
contribute to the formation of ozone. Therefore, given that Ventura is 
unclassifiable/attainment for all NAAQS other than ozone,\8\ we 
conclude non-interference of the SIP revision with continued attainment 
of NAAQS other than ozone \9\ in Ventura.
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    \8\ EPA has promulgated NAAQS for the following pollutants: 
carbon monoxide, lead, nitrogen oxides, particulate matter, ozone 
and sulfur oxides (sulfur dioxide), see 40 CFR 50.
    \9\ The applicable ozone NAAQS is the 8-hour standard. The 1-
hour ozone NAAQS was revoked effective June 25, 2005, see 70 FR 
44470.
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    Accordingly, we conclude that this SIP revision would not interfere 
with any applicable requirements for attainment and reasonable further 
progress or any other applicable requirement of the CAA and is thus 
approvable under CAA section 110(l).

IV. Public Comment and Final Action

    Under section 110(k) of the Clean Air Act, we are proposing to 
approve the Revised Pesticide Element for Ventura, submitted to EPA on 
November 30, 2007 by CARB. We intend to defer final action on this 
proposed approval until we receive a SIP revision submittal from 
California containing the final 8-hour ozone Ventura RFP Plan. We will 
consider the final plan and any related public comments on the plan, as 
well as comments on this proposal, before we take final action on the 
Pesticide Element SIP Revision.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this Action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule does not have tribal implications 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: April 15, 2008.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. E8-8812 Filed 4-22-08; 8:45 am]
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