[Federal Register Volume 74, Number 241 (Thursday, December 17, 2009)]
[Rules and Regulations]
[Pages 66916-66921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29891]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0359; FRL-8983-4]


Approval and Promulgation of Air Quality Implementation Plans; 
California; Monterey Bay Region 8-Hour Ozone Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a revision to the 
Monterey Bay Area portion of the California State Implementation Plan. 
Submitted by the California Air Resources Board on December 19, 2007, 
this plan revision consists of a maintenance plan prepared for the 
purpose of providing for continued attainment of the 8-hour ozone 
standard in Monterey Bay through the year 2014 and thereby satisfying 
the related requirements under Section 110(a)(1) of the Clean Air Act 
and EPA's phase 1 rule implementing the 8-hour ozone national ambient 
air quality standard. EPA is taking this action pursuant to those 
provisions of the Clean Air Act that obligate the Agency to take action 
on submittals of state implementation plans and plan revisions.

DATES: This rule is effective February 16, 2010 without further notice, 
unless EPA receives relevant adverse comment by January 19, 2010. If 
EPA receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by [EPA-R09-OAR-2009-0359] 
by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-mail: Sarvy Mahdavi at [email protected]. Please 
also send a copy by e-mail to the person listed in the FOR FURTHER 
INFORMATION CONTACT section below.
     Fax: Sarvy Mahdavi, Planning Office (AIR-2), at fax number 
(415) 947-3579.
     Mail or deliver: Sarvy Mahdavi, Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, California 94105-3901. Hand or courier 
deliveries are accepted only between the hours of 8 a.m. and 4 p.m. 
weekdays except for legal holidays. Special arrangements should be made 
for deliveries of boxed information.

[[Page 66917]]

    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 information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http://www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. 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. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, California 94105-3901. 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.

FOR FURTHER INFORMATION CONTACT: Sarvy Mahdavi, Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, California 94105-3901, telephone (415) 972-3173; 
fax (415) 947-3579; e-mail address [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to EPA. This supplementary information is 
organized as follows:

Table of Contents

I. Summary of Action
II. Background
    A. Regulatory Context
    B. Ambient Ozone Conditions
III. Evaluation of State's Submittal
    A. CAA Procedural Requirements
    B. Evaluation of Ozone Maintenance Plan
    1. Attainment Inventory
    2. Maintenance Demonstration
    3. Ambient Air Quality Monitoring
    4. Verification of Continued Attainment
    5. Contingency Plan
    6. Conclusion
IV. Final Action and Request for Comment
V. Statutory and Executive Order Reviews

I. Summary of Action

    On December 19, 2007, the California Air Resources Board (CARB) 
submitted to EPA, for approval as a revision to the California State 
Implementation Plan (``SIP''), the 2007 Federal Maintenance Plan for 
Maintaining the National Ozone Standard in the Monterey Bay Region 
(``Monterey Maintenance Plan'' or ``Ozone Maintenance Plan''). The 
Monterey Maintenance Plan was developed by the Monterey Bay Unified Air 
Pollution Control District (``MBUAPCD'' or ``Monterey Bay'' or ``the 
District'') and adopted by the District on March 21, 2007. MBUAPCD 
prepared the plan to provide for continued attainment of the 8-hour 
ozone national ambient air quality standard (NAAQS) through 2014 and to 
thereby satisfy the requirements of section 110(a)(1) of the Clean Air 
Act (``CAA'' or ``the Act'') and EPA's Phase 1 Rule for implementation 
of the 1997 8-hour ozone NAAQS (see 69 FR 23951), also known as ``the 
Phase 1 Implementation Rule.'' The December 19, 2007 SIP revision 
submittal includes the maintenance plan and related technical 
appendices, as well as documentation of notice, public hearing, and 
adoption by the District.
    For the reasons set forth in this document, and pursuant to section 
110(k) of the Act, we are approving the Ozone Maintenance Plan as a 
revision to the Monterey Bay portion of the California SIP.
    In so doing, we find that the submitted ozone maintenance plan 
meets all of the applicable requirements of CAA section 110(a)(1) and 
our Phase 1 Implementation Rule.

II. Background

A. Regulatory Context: Monterey Bay Designation, Classification, SIPs, 
and Attainment

    Under the Clean Air Act (CAA) as amended in 1970, EPA established 
national ambient air quality standards (NAAQS) for certain pervasive 
air pollutants, such as photochemical oxidant, carbon monoxide, and 
particulate matter. The NAAQS represent concentration levels below 
which public health and welfare are protected. The 1970 Act also 
required States to adopt and submit State Implementation Plans (SIPs) 
to implement, maintain, and enforce the NAAQS.
    EPA approved the original California SIP in 1972 (see 37 FR 10850). 
SIP revisions are required from time-to-time to account for new or 
amended NAAQS or to meet other changed circumstances. The CAA was 
significantly amended in 1977, and under the 1977 Amendments, EPA 
promulgated attainment status designations for all areas of the country 
with respect to the NAAQS.
    The CAA requires EPA to periodically review and revise the NAAQS, 
and in 1979, EPA established a new NAAQS of 0.12 ppm for ozone, 
averaged over 1 hour. This new NAAQS replaced the oxidant standard of 
0.08 ppm. See 44 FR 8202 (February 8, 1979). Areas designated 
nonattainment for oxidant were considered to be nonattainment for ozone 
as well, but States could request redesignation to attainment if 
monitoring data showed that an area met the ozone NAAQS.
    Congress significantly amended the CAA again in 1990. Under the 
1990 Amendments, each area of the country that was designated 
nonattainment for the 1-hour ozone NAAQS, including the Monterey Bay 
Area, was classified by operation of law as marginal, moderate, 
serious, severe, or extreme nonattainment depending on the severity of 
the area's air quality problem. The ozone nonattainment designation for 
the Monterey Bay Area continued by operation of law according to 
section 107(d)(1)(C)(i) of the CAA, as amended in 1990. Furthermore, 
the area was classified by operation of law as moderate for ozone under 
section 181(a)(1). See 40 CFR 81.305 and 56 FR 56694 (November 6, 
1991).
    On July 14, 1994, California requested redesignation of the 
Monterey Bay Area to attainment with respect to the 1-hour ozone NAAQS 
and submitted an ozone maintenance SIP for the area.
    EPA promulgated the 8-hour ozone NAAQS in 1997 (see 62 FR 38894 
(July 18, 1997), and designated and classified

[[Page 66918]]

areas for this standard in 2004 (see 69 FR 23857, April 30, 2004). On 
January 17, 1997, EPA redesignated the Monterey Bay Area from 
nonattainment to attainment for 1-hour ozone. EPA also approved the 
Monterey Bay Area Maintenance Plan, 1990 base year inventory, emission 
statement rule, volatile organic compound (VOC) reasonably available 
control technology (RACT) rule 419 and oxides of nitrogen 
(NOX) RACT rule 431 as revisions to California's SIP for 
ozone. See 62 FR 2597 (January 17, 1997).
    Effective June 15, 2004, EPA designated the Monterey Bay Area as 
unclassifiable/attainment for the 8-hour Ozone NAAQS. See 69 FR 23890 
(April 30, 2004).
    Effective June 15, 2005, EPA revoked the pre-existing 1-hour NAAQS. 
See 69 FR 23951 (April 30, 2004). As part of this rulemaking, EPA also 
established certain requirements to prevent backsliding in those areas 
that were designated as nonattainment for the 1-hour ozone standard (or 
that were redesignated to ``attainment'' but subject to a maintenance 
plan, as is the case for the Monterey Bay Area) at the time of 
designation for the 8-hour ozone standard. These requirements are 
codified at 40 CFR 51.905.

B. Ambient Ozone Conditions

    Monterey Bay currently monitors ozone at nine locations: Pinnacles 
National Monument (NM), Hollister, Scotts Valley, Carmel Valley, 
Salinas, King City, Watsonville, Santa Cruz, and Davenport. The 
District operates seven of these stations located in populated areas. 
The National Parks Service operates the station at Pinnacles NM, while 
an industry consortium operates the King City station. All monitors are 
State and Local Air Monitoring Stations (SLAMS), with the exception of 
Pinnacles and Davenport, which are Special Purpose Monitors (SPMs).
    The current ozone NAAQS is met at an ambient air quality monitoring 
site when the three-year average of the annual fourth-highest daily 
maximum 8-hour ozone concentration (also referred to as the ``design 
value'') is less than or equal to 0.08 ppm, and the standard is met 
within an air quality planning area when the standard is met at all of 
the monitoring sites.
    A review of the data gathered at the various ozone monitoring sites 
in the Monterey Bay Area, and entered into AQS, confirms that the 
Monterey Bay Area is in attainment of the 8-hour ozone NAAQS. Since 
1999, the highest design value at any of the ozone monitoring sites was 
0.081 ppm, a value calculated for the Pinnacles NM monitor over the 
2001-2003 period. The following table shows design values for EPA's 
2001-2003 designation period for all nine stations in Monterey Bay 
monitoring network:

------------------------------------------------------------------------
                                        Design
               Station                  value        Within standard?
                                        (ppm)
------------------------------------------------------------------------
Pinnacles...........................      0.081  Yes.
Hollister...........................      0.073  Yes.
Carmel Valley.......................      0.066  Yes.
Scotts Valley.......................      0.065  Yes.
King City...........................      0.062  Yes.
Salinas.............................      0.059  Yes.
Watsonville.........................      0.057  Yes.
Santa Cruz..........................      0.056  Yes.
Davenport...........................      0.052  Yes.
------------------------------------------------------------------------

     Based on the rounding convention in 40 CFR part 50, design values 
less than or equal to 0.084 ppm meet the ozone NAAQS. More recently, 
data through 2005 indicate that all stations continue to have design 
values within the standard.

III. Evaluation of State's Submittal

    As noted above, EPA promulgated the 8-hour ozone NAAQS in 1997 and 
designated and classified areas for this standard in 2004. Additionally 
in 2004, as previously mentioned, EPA also published the Phase 1 Ozone 
Implementation Rule. See 40 CFR part 51, subpart X. Section 
51.905(a)(3) and (4) established requirements for anti-backsliding 
purposes for areas designated unclassifiable/attainment for the 8-hour 
standard.
    These provisions required States with such areas to submit 10-year 
maintenance plans under Section 110(a)(1) of the CAA if they were also 
nonattainment areas (or were attainment areas subject to a CAA section 
175A maintenance plan) under the 1-hour ozone standard. Such plans were 
to be submitted as revisions to SIPs. MBUAPCD prepared this Ozone 
Maintenance Plan because it is an area designated unclassifiable/
attainment for the 8-hour standard and an attainment area subject to a 
CAA section 175A maintenance plan under the 1-hour standard. See 40 CFR 
51.905(a)(4).
    EPA provided guidance to States regarding section 110(a)(1) ozone 
maintenance plans in a memorandum from Lydia N. Wegman, Director, Air 
Quality Strategies and Standards Division, EPA Office of Air Quality 
Planning and Standards, entitled, ``Maintenance Plan Guidance Document 
for Certain 8-hour Ozone Areas Under Section 110(a)(1) of the Clean Air 
Act,'' dated May 20, 2005 (``Wegman Memorandum''). For the contingency 
plan element of section 110(a)(1) maintenance plans, the Wegman 
Memorandum cites an EPA policy memorandum from John Calcagni, entitled, 
``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' dated September 4, 1992 (``Calcagni Memorandum'').

A. CAA Procedural Requirements

    Under Section 110 of the Act and EPA regulations (at 40 CFR Part 
51, Subpart F), each State must provide reasonable notice and public 
hearing prior to adoption of SIPs and SIP revisions for subsequent 
submittal to EPA.
    On March 13, 2007, the MBUAPCD published a public hearing 
announcement in the area's four largest newspapers. The public hearing 
was held at an MBUAPCD Board of Directors meeting on March 21, 2007. 
The Ozone Maintenance Plan was presented in the meeting as Agenda Item 
17; there were no public comments and the plan was approved by 
unanimous vote of the Board.

B. Evaluation of Ozone Maintenance Plan

    The 8-hour ozone 110(a)(1) maintenance plan must provide for 
continued maintenance of the 8-hour ozone NAAQS in the area for 10 
years from the effective date of the area's designation as 
unclassifiable/attainment for the 8-hour ozone NAAQS. At a minimum, the 
maintenance plan for such areas must include the five following 
components: Attainment inventory, maintenance demonstration, ambient 
air quality monitoring, verification of continued attainment, and 
contingency plan. See Wegman Memorandum.
    As explained below, we find that the Monterey Maintenance Plan 
includes all five required components of a maintenance plan, that each 
component is acceptable, and that the overall plan provides for 
continued maintenance of the 8-hour ozone NAAQS in the Monterey Bay 
Area through 2014 (i.e., 10 years beyond 2004, the year of the area's 
designation for the 8-hour ozone NAAQS).
1. Attainment Inventory
    The attainment inventory should be based on actual ``typical summer 
day'' emissions of Volatile Organic Compounds (VOCs) and Oxides of 
Nitrogen (NOX). EPA's Phase 1 Implementation Rule provides 
that the 10-year maintenance period begins as of the effective date of 
the area's designation for the 8-hour ozone standard. For purposes of 
an attainment emissions inventory, the State may use one of any of the 
three years on which

[[Page 66919]]

the 8-hour attainment designation was based (i.e., 2001, 2002, and 
2003). The inventory should be consistent with EPA's most recent 
emissions inventory methods, models, and factors, and should be based 
on the latest planning assumptions regarding population, employment, 
and motor vehicle activity. See Wegman Memorandum at 4; Calcagni 
Memorandum at 8.
    The Monterey Maintenance Plan includes an emissions inventory of 
VOCs and NOX for the years 1990 to 2030. The inventory was 
based on CARB's Version 1.06 8-hour Ozone SIP Emission Inventory 
Projections, which include CARB and District emissions inventory data 
for stationary and area sources. The mobile source emissions inventory 
was based on CARB's draft EMFAC 2007 Version 2.3 emission model for on-
road motor vehicles and CARB's draft OFFROAD 2007 model for off-road 
sources.
    Based on our review of the documentation submitted, EPA concludes 
that the attainment inventory has been developed for the appropriate 
season of an acceptable attainment year, is comprehensive and based on 
appropriate factors and methods, and is thus acceptable for the 
purposes of a section 110(a)(1) ozone maintenance plan.
2. Maintenance Demonstration
    The key element of a section 110(a)(1) ozone maintenance plan is a 
demonstration of how the area will remain in compliance with the 8-hour 
ozone standard for the 10-year period following the effective date of 
designation as unclassifiable/attainment. The end projection year is 10 
years from the effective date of the 8-hour attainment designation, 
which for the Monterey Bay Area was June 15, 2004. Therefore, this plan 
must demonstrate attainment through year 2014. See Wegman Memorandum at 
4.
    The typical method that areas have used in the past to demonstrate 
an area will maintain the 1-hour ozone standard has been to identify 
the level of ozone precursor emissions in the area which is sufficient 
to attain the NAAQS and to then show that future emissions of ozone 
precursors will not exceed the attainment levels. To perform this 
analysis, for the 8-hour maintenance plan, the State must develop 
emissions inventories for the attainment year and for the projection 
year. See Wegman Memorandum at 4.
    Additionally, because the plan must demonstrate maintenance 
throughout the applicable 10-year period, not just in the projection 
year, the State must develop an emissions inventory for an interim year 
between the attainment inventory year and the projection inventory year 
to show a trend analysis for maintenance of the standard. See Wegman 
Memorandum at 5.
    The Monterey Maintenance Plan includes emissions inventories of 
ozone precursors for interim years (every year from 2005 through 2014), 
and the projection year (2014). To develop the emissions projections 
for the future years, Monterey Bay continued the declining trend 
forward based on historical trends in the inventory. The reductions in 
emissions are attributed to stationary and mobile source measures 
adopted and implemented throughout the Monterey Bay Area and 
California. These measures include statewide mobile source measures and 
the District's prohibitory regulations for stationary source 
operations, such as solvents and coating operations and petroleum 
production and processing. See MBUAPCD Agency-wide SIP regulations at 
http://yosemite.epa.gov/R9/r9sips.nsf/Agency?ReadForm&count=500&state=California&cat=Monterey+Bay+Unified+APCD-Agency-Wide+Provisions.
    As noted above, Monterey Bay's inventory is based on CARB's Version 
1.06 8-hour Ozone SIP Emission Inventory Projections, which include 
CARB and District emissions inventory data for stationary and area 
sources. The mobile source emissions inventory was based on CARB's 
draft EMFAC 2007 Version 2.3 emission model for on-road motor vehicles 
and CARB's draft OFFROAD 2007 model for off-road sources. EPA has 
concluded that these inventory projections are comprehensive, based on 
appropriate factors and methods, and thus acceptable for the purposes 
of a section 110(a)(1) ozone maintenance plan.
3. Ambient Air Quality Monitoring
    Generally, EPA determines whether an area's air quality is meeting 
the NAAQS based upon data gathered at established State and local air 
monitoring stations (SLAMS) and national air monitoring sites (NAMS) 
and entered into the Air Quality Systems (AQS) database. Data entered 
into AQS has been determined to meet Federal monitoring requirements 
(see 40 CFR part 50.6; 40 CFR part 50, appendix J; 40 CFR part 53; 40 
CFR part 58, appendices A and B) and may be used to determine the 
attainment status of areas. We also take into account data from other 
air monitoring stations, such as Special Purpose Monitors (SPMs), if 
the data is collected using a Federal reference method or Federal 
equivalent method, unless the air monitoring agency demonstrates that 
the data came from a particular period during which EPA requirements 
concerning quality assurance, methods, or siting criteria were not met 
in practice. See 71 FR 61236, at 61302 (October 17, 2006) and 40 CFR 
58.20. EPA reviews all data to determine the area's air quality status 
in accordance with 40 CFR part 50, appendix I.
    On May 5, 2008, EPA approved the District's Annual Network Plan 
submitted on July 1, 2007 for ozone monitoring stations, based on a 
determination that the MBUAPCD's ozone monitoring network met the 
applicable requirements of 40 CFR Part 58. See 2006 Ambient Air 
Monitoring Network Plan submitted on July 1, 2007, and Letter dated May 
5, 2008, from EPA Region 9 (Sean Hogan) to MBUAPCD (Douglas Quetin) 
approving MBUAPCD's 2006 Ambient Air Monitoring Network Plan.
    The State should continue to operate air quality monitors in 
accordance with 40 CFR part 58 to verify maintenance of the 8-hour 
ozone standard in the area. Monterey Bay currently monitors ozone at 
nine locations. In the Ozone Maintenance Plan, the District commits to 
continue operating an appropriate ozone monitoring network in 
accordance with the requirements of 40 CFR part 58 to verify the 
attainment status of the area. See Ozone Maintenance Plan at 6.
4. Verification of Continued Attainment
    A Section 110(a)(1) ozone maintenance plan should indicate how the 
State will track the progress of the maintenance plan. This is 
necessary due to the fact that emissions projections made for the 
maintenance demonstration depend on assumptions of point, area, and 
mobile source activity and turn-over rates. One option for tracking the 
progress of the maintenance demonstration would be for the State to 
periodically update the emissions inventory. See Wegman Memorandum at 
5.
    To ensure continued attainment, the District commits to continue 
ambient monitoring and to periodically update the emissions inventory. 
More specifically, the stationary source emission inventory is updated 
annually; the mobile source inventory is updated every two years or as 
updates to the mobile source emissions models (EMFAC and OFFROAD) 
issued by CARB; and the entire inventory and forecasts, including 
stationary, area, and mobile categories, are updated by the CARB and 
District every three years. See Ozone Maintenance Plan at 11.

[[Page 66920]]

5. Contingency Plan
    EPA's Phase 1 Implementation Rule requires section 110(a)(1) 
maintenance plans to include contingency provisions to promptly correct 
any violation of the ozone NAAQS that occurs. Generally, contingency 
plans should clearly identify measures to be adopted, a schedule and 
procedure for adoption and implementation, and a specific timeline for 
action by the State. Also, the State should identify specific 
indicators or triggers, which will be used to determine when the 
contingency measures need to be implemented. See Calcagni Memorandum at 
12, 13.
    The Monterey Maintenance Plan includes a contingency plan that 
establishes two elements: Contingency triggers, which would be used to 
implement measures should air quality in the area approach the level of 
the Federal standard; and contingency measures, which are templates for 
adoption of future rules.
    Monterey Bay's contingency triggers have two components: An 
inventory trigger and an ambient trigger, which can both be activated 
prior to the area violating the standard. The inventory trigger is 
designed to prevent emissions from exceeding the levels identified in 
the 2002 Maintenance Inventory. This trigger would be met if emissions 
are forecast to reach 95% of the levels in the Maintenance Inventory. 
Based on the current inventory, this threshold would be 90.4 tons per 
day for VOC and 79.1 tons per day for NOX.
    The second contingency trigger, the ambient trigger, was developed 
based on a review of historical air monitoring data. This trigger would 
be met if the average of the fourth highest annual concentration for 
the two most recent years of complete data from the highest station 
reached 0.085 ppm or higher. Implementation of the contingency plan 
would be discontinued if ambient air monitoring data for the third year 
indicated the area would not violate the standard.
    Monterey has 16 contingency measures, 2 of which are based on 
locally adopted rules that would require rule revision, while the 
remaining 14 require adoption of new rules.
    The following measures require revisions to locally adopted rules: 
(1) Fixed and Floating Roof Petroleum Storage Tanks (District Rule 
417)--requires tight-fitting secondary seals on most floating-roof 
storage tanks which will exert a pressure of 30 psi on the wall of the 
tank. Estimated control efficiency is about 75% and the cost-
effectiveness is $15,000 to $50,000 per ton reduced. (2) Metal Parts 
and Products (District Rule 434)--reduction of VOC emissions from 
coating of metal parts and products. Estimated control efficiency is 
30% and cost effectiveness is $5,000 to $20,000 per ton reduced.
6. Conclusion
    Based on our review of the submitted plan, we are approving the 
Monterey Maintenance Plan as a revision to the Monterey Bay portion of 
the California SIP. In so doing, we find that the Monterey Maintenance 
Plan, submitted to EPA by CARB on December 19, 2007, satisfies the 
requirements of CAA section 110(a)(1) and EPA's Phase 1 Implementation 
Rule.

IV. Final Action and Request for Comment

    Under section 110(k) of the Clean Air Act, EPA is approving a 
revision to the Monterey Bay portion of the California SIP that was 
submitted to EPA on December 19, 2007 and that consists of the 2007 
Federal Maintenance Plan for the Monterey Bay Region 8-Hour Ozone 
Attainment Area ``Monterey Maintenance Plan'' or ``Ozone Maintenance 
Plan''. As described in more detail above, we are approving the 
Monterey Bay Ozone Maintenance Plan because we find that it provides 
for continued attainment of the 8-hour ozone standard in the Monterey 
Bay Area through the year 2015 and thereby satisfies the related 
requirements under section 110(a)(1) of the Clean Air Act and EPA's 
Phase 1 Implementation Rule. Our approval of the Monterey Maintenance 
Plan as a revision to the California SIP makes the commitments included 
therein, such as those related to ambient air quality monitoring, 
verification of continued attainment, and the contingency plan, 
Federally enforceable.
    EPA is publishing this rule without prior proposal because we view 
this as a non-controversial action and anticipate no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to approve the SIP revision if relevant adverse comments 
are received. This rule will be effective on February 16, 2010 without 
further notice unless we receive adverse comments by January 19, 2010. 
If we receive adverse comments, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect. We will address all public comments in a subsequent final rule 
based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting must do so 
now. Please note that if we receive adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, we may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

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

[[Page 66921]]

methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this 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.
    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 action 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 February 16, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

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

    Dated: November 6, 2009.
Jane Diamond,
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)(367) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (367) The following plan was submitted on December 19, 2007, by the 
Governor's Designee.
    (i) [Reserved]
    (ii) Additional material.
    (A) Monterey Bay Unified Air Pollution Control District (MBUAPCD).
    (1) 2007 Federal Maintenance Plan for Maintaining the National 
Ozone Standard in the Monterey Bay Region (Monterey Maintenance Plan), 
excluding Appendix A.
    (2) MBUAPCD Board of Directors Certified Minutes and Resolution 
dated March 21, 2007, adopting the Monterey Maintenance Plan.
    (3) Letter dated May 10, 2007, from Association of Monterey Bay 
Area Governments (AMBAG) to MBUAPCD, confirming AMBAG's approval of the 
Monterey Maintenance Plan on May 9, 2007.
    (4) California Air Resources Board Executive Order  G-07-
68, dated December 19, 2007, adopting the Monterey Maintenance Plan.
* * * * *

0
3. Section 52.282 is amended by adding paragraph (b) to read as 
follows:


Sec.  52.282  Control strategy and regulations: Ozone

* * * * *
    (b) Approval. On December 19, 2007, the California Air Resources 
Board submitted a maintenance plan for the 1997 8-hour ozone NAAQS for 
the Monterey Bay Area as required by section 110(a)(1) of the Clean Air 
Act, as amended in 1990, and 40 CFR 51.905(a)(4). Elements of the 
section 110(a)(1) maintenance plan for ozone include a base year (2002) 
attainment emissions inventory for ozone, a demonstration of 
maintenance of the ozone NAAQS with projected emissions inventories 
through the year 2014 for ozone, a plan to verify continued attainment, 
and a contingency plan. The maintenance plan meets the Federal 
requirements of Clean Air Act section 110(a)(1) and 40 CFR 51.905(a)(4) 
and is approved as a revision to the California State Implementation 
Plan for the above mentioned area.

[FR Doc. E9-29891 Filed 12-16-09; 8:45 am]
BILLING CODE 6560-50-P