[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Rules and Regulations]
[Pages 56775-56782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22469]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0492; FRL-9726-6]


Approval and Promulgation of Implementation Plans; California; 
Determinations of Attainment for the 1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is making several determinations relating to 1997 8-hour 
ozone nonattainment areas in California. First, EPA is determining that 
six 8-hour ozone nonattainment areas in California (Amador and 
Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne Counties, 
Nevada County, and Sutter County) (``six CA areas'') attained the 1997 
8-hour ozone national ambient air quality standard (NAAQS) by their 
applicable attainment dates. Second, in making these determinations for 
Mariposa and Tuolumne Counties and Nevada County, EPA is also granting 
them one-year attainment date extensions. Lastly, EPA is determining 
that the six CA areas and the Ventura County 8-hour ozone nonattainment 
area in CA have attained and continue to attain the 1997 8-hour ozone 
NAAQS based on the most recent three years of data. Under the 
provisions of EPA's ozone implementation rule, these determinations 
suspend the requirements for these areas to submit revisions to the 
state implementation plan related to attainment of the 1997 8-hour 
ozone standard for as long as these areas continue to meet the 1997 8-
hour ozone NAAQS.

DATES: These actions are effective on November 13, 2012 without further 
notice, unless EPA receives adverse comment by October 15, 2012. We are 
publishing these rules without prior proposal because the Agency views 
them as noncontroversial actions and anticipates no adverse comments. 
In the proposed rules section of this Federal Register publication, EPA 
is publishing a separate document that will serve as the proposal 
should adverse comments be filed. If EPA receives adverse comment, we 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2011-0492 by one of the following methods:
    1. Federal eRulemaking Portal, at www.regulations.gov, please 
follow the on-line instructions;
    2. Email to [email protected]; or
    3. Mail or delivery to John Ungvarsky, Air Planning Office, AIR-2, 
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, 
San Francisco, California 94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at 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 you consider to 
be CBI or otherwise protected should be clearly identified as such and 
should not be submitted through www.regulations.gov or email. 
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 an email directly to EPA, your email 
address will be automatically captured and included as part of the 
public comment. 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: The index to the docket for this action is available 
electronically at 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 at 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.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office, 
AIR-2, EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105-
3901, telephone number (415) 972-3963, or email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' are used, we mean EPA. We are providing the following 
outline to aid in locating information in this rule.

Table of Contents

I. What determinations is EPA making?
II. What is the background for these actions?
    A. Ozone NAAQS
    B. EPA Designations and Classifications of Ozone Nonattainment 
Areas
    C. One-Year Attainment Date Extensions
    D. Determinations of Attainment by Areas' Attainment Deadline 
and Determinations of Continued Attainment
    E. Ambient Air Quality Monitoring Data
III. What are the effects of these actions?
    A. Attainment Date Extensions
    B. Determinations of Attainment by Areas' Applicable Attainment 
Dates
    C. Determinations of Current Attainment and 40 CFR 51.918
IV. What is EPA's analysis of the relevant air quality data?
    A. Monitoring Network and Data Considerations

[[Page 56776]]

    B. Evaluation of Attainment by Applicable Attainment Date and/or 
Current Attainment
    1. Butte County and Sutter Buttes
    2. Eastern Kern and Central Mountain Counties
    3. Southern Mountain Counties and Western Nevada County
    4. Ventura County
V. EPA's Final Actions
VI. Statutory and Executive Order Reviews

I. What determinations is EPA making?

    EPA is making several separate and independent types of 
determinations with respect to a number of 1997 8-hour ozone 
nonattainment areas in California. First, pursuant to section 181(b)(2) 
of the Clean Air Act (CAA), EPA is determining that the Amador and 
Calaveras Counties (Central Mountain Counties), Chico (Butte County), 
Kern County (Eastern Kern), Mariposa and Tuolumne Counties (Southern 
Mountain Counties), Nevada County (Western Nevada County), and Sutter 
County (Sutter Buttes) 8-hour ozone nonattainment areas in California 
(herein referred to as the ``six CA areas'') attained the 1997 8-hour 
ozone NAAQS by their respective applicable attainment dates. Second, in 
connection with this determination, EPA is also granting, pursuant to 
section 181(a)(5) and 40 CFR 51.907, applications submitted by the 
California Air Resources Board (CARB) for extensions to the applicable 
attainment dates for the Southern Mountain Counties and Western Nevada 
County nonattainment areas.
    The applicable attainment dates vary among the six CA areas. For 
Butte County and Sutter Buttes, EPA is determining that these areas 
attained the 1997 8-hour ozone standard by their applicable attainment 
deadline of June 15, 2007, based on complete, quality-assured, and 
certified ambient air quality monitoring data for 2004-2006. For the 
Central Mountain Counties and Eastern Kern ozone nonattainment areas, 
EPA is determining that they attained the 1997 8-hour ozone standard by 
their applicable attainment deadline of June 15, 2010, based on 
complete, quality-assured and certified air quality data for 2007-2009. 
For the Southern Mountain Counties and Western Nevada County, whose 
original attainment date was June 15, 2010, EPA is granting a one-year 
attainment date extension until June 15, 2011 and determining that 
these areas attained the 1997 8-hour ozone NAAQS by that extended 
attainment date, based on complete, quality-assured data for 2008-2010.
    In addition, for all the areas listed above and for Ventura 
County,\1\ EPA is determining, based on complete, quality-assured and 
certified air quality monitoring data for 2009-2011, that these areas 
have attained and continue to attain the 1997 8-hour ozone NAAQS. 
Preliminary data for 2012 indicate that these areas continue to attain 
the NAAQS. Under the provisions of 40 CFR 51.918, these latter 
determinations suspend the obligation of the State to submit certain 
planning requirements related to attainment for as long as the areas 
continue to attain the standard.
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    \1\ Ventura County is classified as a ``serious'' nonattainment 
area for the 1997 8-hour ozone standard. As such, the applicable 
attainment date for Ventura County is June 15, 2013.
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II. What is the background for these actions?

A. Ozone NAAQS

    In 1997, EPA revised the health-based NAAQS for ozone, setting it 
at 0.08 parts per million (ppm) averaged over an 8-hour time frame. EPA 
set the 8-hour ozone standard based on scientific evidence 
demonstrating that ozone causes adverse health effects at lower ozone 
concentrations and over longer periods of time than was understood when 
the pre-existing 1-hour ozone standard was set. EPA determined that the 
8-hour standard would be more protective of human health, especially 
for children and adults who are active outdoors, and individuals with a 
pre-existing respiratory disease, such as asthma.
    On March 27, 2008 (73 FR 16436), EPA promulgated a revised 8-hour 
ozone NAAQS of 0.075 ppm. On April 30, 2012 (77 FR 30088 and 77 FR 
30160), EPA issued final rules addressing air quality designations and 
implementation of the 2008 8-hour ozone NAAQS. The rulemakings that are 
the subject of this notice concern only the 1997 8-hour ozone NAAQS and 
are not affected by the 2008 8-hour ozone NAAQS.

B. EPA Designations and Classifications of Ozone Nonattainment Areas

    On April 30, 2004 (69 FR 23858), EPA finalized its attainment/
nonattainment designations for areas across the country with respect to 
the 8-hour ozone standard. In that action EPA designated Butte County, 
the Central Mountain Counties, Eastern Kern, the Southern Mountain 
Counties, Sutter Buttes, and Western Nevada County as nonattainment 
under title I, part D, subpart 1 of the CAA (subpart 1) and provided 
that these designations would become effective on June 15, 2004. Also 
in EPA's April 30, 2004 action, Ventura County was designated 
nonattainment under title I, part D, subpart 2 of the CAA (subpart 2) 
and classified as ``moderate''.\2\
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    \2\ On May 20, 2008 (73 FR 29073), EPA granted California's 
request to reclassify Ventura County from ``moderate'' to 
``serious'' for the 8-hour ozone standard. As such, the applicable 
attainment date for Ventura County is June 15, 2013.
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    In June 2007, the United States Court of Appeals for the District 
of Columbia Circuit (D.C. Circuit Court) vacated the portion of the 
1997 ozone implementation rule that allowed areas to be designated 
under subpart 1.\3\ On January 16, 2009 (74 FR 2936), EPA published a 
proposed rule to address, among other issues, the D.C. Circuit Court 
vacatur of the classification system that EPA used to designate a 
subset of initial 1997 8-hour ozone nonattainment areas under subpart 
1. In that rulemaking, EPA proposed that all areas designated 
nonattainment for the 1997 8-hour ozone NAAQS under subpart 1 would be 
classified as subpart 2 areas (hereafter referred to as the ``Subpart 
1/Subpart 2 1997 8-Hour Ozone Rulemaking''). The Butte County, Central 
Mountain Counties, Eastern Kern, Southern Mountain Counties, Sutter 
Buttes, and Western Nevada County ozone nonattainment areas were among 
those areas that would be classified under subpart 2. On May 14, 2012 
(77 FR 28424), EPA finalized the Subpart 1/Subpart 2 1997 8-Hour Ozone 
Rulemaking. The boundaries, resulting classifications and attainment 
dates for the six new subpart 2 California nonattainment areas and 
Ventura County are provided in Table 1.
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    \3\ S. Coast Air Quality Mgmt. Dist. v. EPA, 489 F.3d 1245 (D.C. 
Cir. 2007).
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C. One-Year Attainment Date Extensions

    The 8-hour ozone implementation rule gives EPA discretion to grant 
up to two one-year extensions of the attainment date upon application 
by the state. The criteria for such a request are found in CAA section 
181(a)(5) and 40 CFR 51.907. The state must show that (1) the state has 
complied with all requirements and commitments pertaining to the area 
in the applicable State Implementation Plan (SIP); and (2) no more than 
one exceedance of the NAAQS has occurred in the area in the year 
preceding the extension year.

D. Determinations of Attainment by Areas' Attainment Deadline and 
Determinations of Continued Attainment

    Under the provisions of EPA's ozone implementation rule for the 
1997 ozone

[[Page 56777]]

NAAQS (see 40 CFR 51.918), if EPA issues a determination that an area 
is attaining the standard (through a rulemaking that includes public 
notice and comment), it will suspend the area's obligations to submit 
an attainment demonstration and associated reasonable available control 
measures (RACM), a reasonable further progress (RFP) plan, contingency 
measures and other planning requirements related to attainment for as 
long as the area continues to attain. The determination of attainment 
is not equivalent to a redesignation. The state must still meet the 
statutory requirements for redesignation in order for an area to be 
redesignated to attainment.

E. Ambient Air Quality Monitoring Data

    A determination of whether an area's air quality meets the ozone 
NAAQS is generally based upon the most recent three years of complete, 
quality-assured data gathered at established State and Local Air 
Monitoring Stations (SLAMS) in the nonattainment area and entered into 
the EPA Air Quality System (AQS) database. Data from air monitors 
operated by state/local agencies in compliance with EPA monitoring 
requirements must be submitted to AQS. Heads of monitoring agencies 
annually certify that these data are accurate to the best of their 
knowledge. Accordingly, EPA relies primarily on data in AQS when 
determining the attainment status of areas. See 40 CFR 50.10; 40 CFR 
part 50, appendix I; 40 CFR part 53; 40 CFR part 58, appendices A, C, D 
and E. All data are reviewed to determine the area's air quality status 
in accordance with 40 CFR part 50, appendix I.
    Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone 
standard is attained at a site when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations at an 
ozone monitor is less than or equal to 0.08 ppm. See 40 CFR 50.10. This 
3-year average is referred to as the design value. When the design 
value is less than or equal to 0.084 ppm (based on the rounding 
convention in 40 CFR part 50, appendix I) at each monitoring site 
within the area, then the area is meeting the NAAQS. The data 
completeness requirement is met when the three-year average percent of 
days with valid ambient monitoring data is at least 90%, and no single 
year has less than 75% data completeness as determined in Appendix I of 
40 CFR part 50.

III. What are the effects of these actions?

                      Table 1--Nonattainment Area Classifications and Attainment Deadlines
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        Nonattainment area                 Boundaries             Classification           Attainment date
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Butte County.....................  All of Butte County......  Marginal.............  June 15, 2007.
Central Mountain Counties........  All of Amador and          Moderate.............  June 15, 2010.
                                    Calaveras Counties.
Eastern Kern.....................  The eastern portion of     Moderate.............  June 15, 2010.
                                    Kern County \4\.
Southern Mountain Counties.......  All of Mariposa and        Moderate.............  June 15, 2011.\5\
                                    Tuolumne Counties.
Sutter Buttes....................  A portion of Sutter        Marginal.............  June 15, 2007.
                                    County \6\.
Ventura County...................  A portion of Ventura       Serious..............  June 15, 2013.
                                    County \7\.
Western Nevada County............  The western portion of     Moderate.............  June 15, 2011.\9\
                                    Nevada County \8\.
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A. Attainment Date Extensions

    Pursuant to CAA section 181(a)(5) and 40 CFR 51.907, the State has 
requested, and EPA is approving one-year attainment date extensions for 
the Southern Mountain Counties and Western Nevada County nonattainment 
areas. The effect of granting the attainment date extensions is to 
allow the State an additional year to demonstrate that the Southern 
Mountain Counties and Western Nevada County nonattainment areas have 
attained the 1997 8-hour ozone NAAQS pursuant to section 181(b)(2) of 
the CAA. Without the one-year extension, the State cannot demonstrate 
that the two areas attained 1997 8-hour ozone NAAQS by the attainment 
dates in 77 FR 28424.
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    \4\ That portion of Kern County (with the exception of that 
portion in Hydrologic Unit Number 18090205 the Indian Wells Valley) 
east and south of a line described as follows: Beginning at the Kern 
Los Angeles County boundary and running north and east along the 
northwest boundary of the Rancho La Liebre Land Grant to the point 
of intersection with the range line common to Range 16 West and 
Range 17 West, San Bernardino Base and Meridian; north along the 
range line to the point of intersection with the Rancho El Tejon 
Land Grant boundary; then southeast, northeast, and northwest along 
the boundary of the Rancho El Tejon Grant to the northwest corner of 
Section 3, Township 11 North, Range 17 West; then west 1.2 miles; 
then north to the Rancho El Tejon Land Grant boundary; then 
northwest along the Rancho El Tejon line to the southeast corner of 
Section 34, Township 32 South, Range 30 East, Mount Diablo Base and 
Meridian; then north to the northwest corner of Section 35, Township 
31 South, Range 30 East; then northeast along the boundary of the 
Rancho El Tejon Land Grant to the southwest corner of Section 18, 
Township 31 South, Range 31 East; then east to the southeast corner 
of Section 13, Township 31 South, Range 31 East; then north along 
the range line common to Range 31 East and Range 32 East, Mount 
Diablo Base and Meridian, to the northwest corner of Section 6, 
Township 29 South, Range 32 East; then east to the southwest corner 
of Section 31, Township 28 South, Range 32 East; then north along 
the range line common to Range 31 East and Range 32 East to the 
northwest corner of Section 6, Township 28 South, Range 32 East, 
then west to the southeast corner of Section 36, Township 27 South, 
Range 31 East, then north along the range line common to Range 31 
East and Range 32 East to the Kern Tulare County boundary.
    \5\ On March 23, 2010, James Goldstene, Executive Officer of the 
California Air Resources Board, submitted a request for EPA to grant 
a one-year extension of the proposed attainment date for the 
Southern Mountain Counties area. The June 15, 2011 date reflects 
EPA's final action today to grant CARB's application for a one-year 
extension in the applicable attainment date for this area.
    \6\ That portion of the Sutter Buttes mountain range at or above 
2,000 feet in elevation.
    \7\ That part of Ventura County excluding the Channel Islands of 
Anacapa and San Nicolas Islands.
    \8\ That portion of Western Nevada County, which lies west of a 
line, described as follows: beginning at the Western Nevada Placer 
County boundary and running north along the western boundaries of 
Sections 24, 13, 12, 1, Township 17 North, Range 14 East, Mount 
Diablo Base and Meridian, and Sections 36, 25, 24, 13, 12, Township 
18 North, Range 14 East to the Western Nevada Sierra County 
boundary.
    \9\ On May 24, 2010, James Goldstene, Executive Officer of the 
California Air Resources Board, submitted a request for EPA to grant 
a one-year extension of the proposed attainment date for the Western 
Nevada County area. The June 15, 2011 date reflects EPA's final 
action today to grant CARB's application for a one-year extension in 
the applicable attainment date for this area.
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B. Determinations of Attainment by Areas' Applicable Attainment Dates

    Pursuant to section 181(b)(2) of the CAA, EPA is determining that 
the Butte County, Central Mountain Counties, Eastern Kern, Southern 
Mountain Counties, Sutter Buttes, and Western Nevada County ozone 
nonattainment areas attained the 1997 8-hour ozone NAAQS by their 
applicable attainment dates.
    These determinations discharge EPA's obligations under section 
181(b)(2) with respect to determining whether these areas attained by 
their respective attainment deadlines, and establish that these areas 
are not subject to reclassification for failure to attain by these 
deadlines.

[[Page 56778]]

C. Determinations of Current Attainment and 40 CFR 51.918

    In addition, EPA is separately determining that the six CA areas 
and Ventura County have attained the standard based upon the most 
recent three years of data (without reference to their attainment 
deadlines). Under the provisions of 40 CFR 51.918, these determinations 
of attainment suspend the obligation for the State to submit certain 
planning requirements described above; however, they do not constitute 
redesignations to attainment under section 107(d)(3) of the CAA. The 
designation status of the six CA areas and Ventura County remains 
nonattainment for the 1997 8-hour ozone NAAQS until such time as EPA 
determines that each area meets the CAA requirements for redesignation 
to attainment, including an approved maintenance plan.
    In accordance with 40 CFR 51.918, based on these determinations, 
the obligation under the CAA for the State of California to submit an 
attainment demonstration and RACM, RFP plan, contingency measures, and 
any other planning requirements related to attainment of the 1997 8-
hour ozone NAAQS for these seven ozone nonattainment areas is suspended 
for so long as the areas continue to attain the 1997 8-hour ozone 
NAAQS. Although these requirements are suspended, EPA is not precluded 
from acting upon these elements, if California submits them for EPA 
review and approval.
    The suspension continues until such time, if any, that EPA (i) 
redesignates the area to attainment at which time those requirements no 
longer apply, or (ii) subsequently determines that the area has 
violated the 1997 8-hour ozone NAAQS. It is separate from, and does not 
influence or otherwise affect, any future designation determination or 
requirements for the area based on any new or revised ozone NAAQS. It 
remains in effect regardless of whether EPA designates the area as a 
nonattainment area for purposes of any new or revised ozone NAAQS.
    If EPA subsequently determines, after notice-and-comment 
rulemaking, that any one of these nonattainment areas has violated the 
1997 8-hour ozone NAAQS, the basis for the suspension of the 
requirements for that area, provided by 40 CFR 51.918, would no longer 
exist, and the violating ozone nonattainment area would thereafter have 
to address those requirements.

IV. What is EPA's analysis of the relevant air quality data?

A. Monitoring Network and Data Considerations

    CARB is the governmental agency delegated under State law with the 
authority and responsibility for collecting ambient air quality data as 
directed by the CAA of 1977 and CAA Amendments of 1990. CARB and local 
Air Pollution Control Districts and Air Quality Management Districts 
(``Districts'') operate ambient monitoring stations throughout the 
State. CARB is the lead monitoring agency in the Primary Quality 
Assurance Organization \10\ (PQAO) that includes all the monitoring 
agencies in the State with a few exceptions.\11\ CARB, Butte County Air 
Pollution Control District (APCD), Northern Sierra Air Quality 
Management District (AQMD), and Ventura County APCD are the agencies 
responsible for monitoring ambient air quality within the seven 
nonattainment areas affected by today's final action. In addition, CARB 
oversees the quality assurance of all data collected within the CARB 
PQAO. CARB submits annual monitoring network plans to EPA that describe 
the monitoring sites CARB operates, in addition to monitoring sites 
operated by many smaller air districts, including Butte County APCD and 
Northern Sierra AQMD. Ventura County APCD submits the annual monitoring 
network plan for all sites in Ventura County. These plans discuss the 
status of the air monitoring network, as required under 40 CFR part 
58.10.
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    \10\ Primary quality assurance organization means a monitoring 
organization or other organization that is responsible for a set of 
stations that monitor the same pollutant and for which data quality 
assessments can be pooled (40 CFR 58.1).
    \11\ The Bay Area Air Quality Management District, the South 
Coast Air Quality Management District, and the San Diego Air 
Pollution Control District are each designated as the PQAO for their 
respective ambient air monitoring programs.
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    Since 2007, EPA has regularly reviewed these annual plans for 
compliance with the applicable reporting requirements in 40 CFR part 
58. With respect to ozone, EPA has found that the areas' network plans 
meet the applicable requirements under 40 CFR part 58. See EPA letters 
to CARB approving its annual network plans for years 2007, 2009, 2010, 
and 2011.\12\ CARB did not propose modifications to their network in 
2008 and therefore was not required to submit a network plan to EPA for 
approval.\13\ EPA also concluded \14\ from its Technical System Audit 
of the CARB PQAO (conducted during Summer 2007), that the combined 
ambient air monitoring network operated by CARB and the local air 
districts in their PQAO (which includes Butte County APCD, Northern 
Sierra AQMD, and Ventura County APCD) currently meets or exceeds the 
requirements for the minimum number of SLAMS for all criteria 
pollutants for the areas addressed in this action, and that all of the 
monitoring sites are reviewed with respect to monitoring objectives, 
spatial scales and other site criteria as required by 40 CFR part 58, 
appendix D. Also, CARB annually certifies that the data it submits to 
AQS are complete and quality-assured. This includes data from all CARB 
sites, along with some data for local district sites.\15\ Northern 
Sierra AQMD annually certifies that the data it submits for its Grass 
Valley site to AQS are complete and quality-assured.\16\ Ventura County 
APCD annually certifies that the data it submits for Ventura County to 
AQS are complete and quality-assured.\17\ Data for

[[Page 56779]]

National Park Service sites, which includes the Yosemite--Turtleback 
Dome site, are certified by the National Park Service.\18\
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    \12\ Letter from Sean Hogan, Manager, Air Quality Analysis 
Office, U.S. EPA Region IX, to Karen Magliano, Chief, Air Quality 
Data Branch, Planning and Technical Support Division, California Air 
Resources Board (June 9, 2008) (approving CARB's ``Annual Monitoring 
Network Plan for the Small Districts in California, Volume 1: June 
2007''); Letter from Joe Lapka, Acting Manager, Air Quality Analysis 
Office, U.S. EPA Region IX, to Karen Magliano, Chief, Air Quality 
Data Branch, Planning and Technical Support Division, California Air 
Resources Board (Nov. 24, 2009) (approving CARB's ``2009 Annual 
Monitoring Network Report for Small Districts in California''); 
Letter from Matthew Lakin, Manager, Air Quality Analysis Office, 
U.S. EPA Region IX, to Karen Magliano, Chief, Air Quality Data 
Branch, Planning and Technical Support Division, California Air 
Resources Board (Oct. 29, 2010) (approving CARB's ``2010 Annual 
Monitoring Network Plan for the Small Districts in California''); 
Letter from Matthew Lakin, Manager, Air Quality Analysis Office, 
U.S. EPA Region IX, to Karen Magliano, Chief, Air Quality Data 
Branch, Planning and Technical Support Division, California Air 
Resources Board (Nov. 1, 2011) (approving CARB's ``2011 Annual 
Monitoring Network Plan for the Small Districts in California'').
    \13\ See also EPA letters to Ventura County APCD approving its 
annual network plans for years 2009, 2010, and 2011.
    \14\ Letter from Deborah Jordan, Director, Air Division, U.S. 
EPA Region IX, to James Goldstene, Executive Officer, California Air 
Resources Board (Aug. 18, 2008) (transmitting findings of EPA's 
Summer 2007 Technical System Audit of CARB's ambient air monitoring 
program).
    \15\ See, e.g., letter from Karen Magliano, Chief, Air Quality 
Data Branch, Planning and Technical Support Division, CARB, to Jared 
Blumenfeld, Regional Administrator, U.S. EPA Region IX, certifying 
calendar year 2011 ambient air quality data and quality assurance 
data, May 1, 2012.
    \16\ See, e.g., letter from Joseph Fish, Deputy Air Pollution 
Control Officer, Northern Sierra AQMD, to Fletcher Clover, Regional 
AQS Administrator, U.S. EPA Region IX, certifying calendar year 2011 
ambient air quality data and quality assurance data, February 9, 
2012.
    \17\ See, e.g., letter from Michael Villegas, Air Pollution 
Control Officer, Ventura County APCD, to Jared Blumenfeld, Regional 
Administrator, U.S. EPA Region IX, certifying calendar year 2011 
ambient air quality data and quality assurance data, April 24, 2012.
    \18\ See, e.g., letter from John Ray, Air Resources Division 
Program Manager, National Park Service, to David Lutz, Data 
Certification Coordinator, U.S. EPA Office of Air Quality Policy and 
Standards, certifying calendar year 2011 ambient air quality data 
and quality assurance dated, April 29, 2012.
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    There were 16 ozone SLAMS monitoring sites operating during the 
2004-2011 period within the seven ozone nonattainment areas addressed 
in today's action. These 16 sites monitored ozone concentrations on a 
continuous basis \19\ using ultraviolet absorption monitors. For most 
sites, the spatial scale and monitoring objectives are ``regional'' and 
``high concentrations.'' \20\ Consistent with the requirements 
contained in 40 CFR part 50, EPA has reviewed the complete, quality-
assured, and certified 8-hour ozone ambient air monitoring data as 
recorded in AQS for the applicable monitoring period collected at the 
monitoring sites in the seven nonattainment areas.
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    \19\ The Jerseydale, Sutter Buttes, and White Cloud Mountain 
ozone monitors operate only in the warmer six months of the year. 
These sites are at high elevations where access during the winter 
can be problematic. Ozone concentrations at these sites during the 
winter are well below the levels of the ambient air quality 
standards and are not the high sites in the nonattainment areas. See 
California Air Resources Board, Annual Network Plan Report 27 
(2010).
    \20\ See CARB's Annual Network Plan Report (July, 2011) and 
Ventura County APCD's Annual Network Plan Report (July, 2011).
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B. Evaluation of Attainment by Applicable Attainment Date and/or 
Current Attainment

    Based on our review of the monitoring data, and taking into account 
the reliability of the ozone monitoring network in the relevant CA 
nonattainment areas and the reliability of the data collected by the 
network, EPA makes the determinations presented in the following 
paragraphs.
1. Butte County and Sutter Buttes
    Table 2 shows the ozone design values for the Butte County and 
Sutter Buttes ozone nonattainment area monitors, based on ambient air 
quality monitoring data for the three-year period (2004-2006) prior to 
the applicable attainment date (June 15, 2007) and for the most recent 
three-year period (2009-2011). The data show that the design value for 
the 2004-2006 period was equal to or less than 0.084 ppm at all of the 
monitors. Therefore, pursuant to CAA section 181(b)(2), we are 
determining that the Butte County and Sutter Buttes marginal 
nonattainment areas attained the 1997 8-hour ozone NAAQS by their 
applicable attainment date of June 15, 2007, based on complete, 
quality-assured data for the 2004-2006 ozone seasons. In addition, the 
data show that the design value for the 2009-2011 period was also equal 
to or less than 0.084 ppm at all of the monitors. Therefore, we are 
determining, based on the complete, quality-assured data for 2009-2011, 
that the Butte County and Sutter Buttes areas have attained the 
standard. Preliminary data available for 2012 indicate that the areas 
continue to attain the standard.
2. Eastern Kern and Central Mountain Counties
    Table 3 shows the ozone design values for the Eastern Kern and 
Central Mountain Counties ozone nonattainment area monitors based on 
ambient air quality monitoring data for the three-year period (2007-
2009) prior to the applicable attainment date (June 15, 2010) and the 
most recent three-year period (2009-2011). The data show that the 
design value for the 2007-2009 period was equal to or less than 0.084 
ppm at all of the monitors. Therefore, pursuant to section 181(b)(2), 
we are determining that the Eastern Kern and Central Mountain Counties 
moderate nonattainment areas attained the 1997 8-hour ozone NAAQS by 
their applicable attainment deadline of June 15, 2010, based on the 
complete, quality-assured data for the 2007-2009 ozone seasons. In 
addition, the data show that the design value for the 2009-2011 period 
was also equal to or less than 0.084 ppm at all of the monitors. 
Therefore, we are determining, based on the complete, quality-assured 
data for 2009-2011, that the Eastern Kern and Central Mountain Counties 
areas have attained the 1997 8-hour ozone standard. Preliminary data 
available for 2012 indicate that the areas continue to attain the 
standard.
3. Southern Mountain Counties and Western Nevada County
    Table 4 shows the fourth-highest daily maximum recorded for 2009, 
the ozone design values for the Southern Mountain Counties and Western 
Nevada County nonattainment area monitors based on 2008-2010 ambient 
air quality monitoring data, and the ozone design values for the most 
recent three-year period (2009-2011). Because the Southern Mountain 
Counties and Western Nevada County are classified as ``moderate'' 
nonattainment areas, the applicable attainment date for both areas was 
set as June 15, 2010. However, the air quality and other factors in 
these areas showed the areas were eligible, pursuant to CAA section 
181(a)(5) and 40 CFR 51.907, for extensions of the applicable 
attainment date for these two areas from June 15, 2010 to June 15, 
2011. CARB applied to EPA for these extensions by letters dated March 
23, 2010 and May 24, 2010 for Southern Mountain Counties and Western 
Nevada County, respectively (see also footnotes 5 and 9 in table 1 of 
this direct final rule).
    As noted previously, under CAA section 181(a)(5) and 40 CFR 51.907, 
upon application of a State, EPA may extend for one additional year 
(``extension year'') the applicable attainment date if (1) the State 
has complied with all requirements and commitments pertaining to the 
area in the applicable State Implementation Plan (SIP); and (2) no more 
than one exceedance of the NAAQS has occurred in the area in the year 
preceding the extension year. No more than two one-year extensions are 
allowed. We have reviewed the requests using the criteria set forth at 
CAA section 181(a)(5) and are approving the extensions in today's 
action. The basis for our approval is set forth below.
    First, the fourth-highest value recorded at the monitors in each of 
these areas did not exceed the NAAQS during 2009, the year preceding 
the extension year, thereby meeting one of the two criteria. Second, 
EPA interprets the requirement that the State is complying with the 
commitments and requirements in the applicable implementation plan, as 
referenced in section 181(a)(5) of the CAA, to mean the State is 
implementing the EPA-approved SIP.\21\ EPA has determined that the 
State is implementing the requirements in the EPA-approved SIP as 
applicable to these two nonattainment areas, thereby meeting the other 
criterion under section 181(a)(5). Therefore, because both criteria 
under CAA section 181(a)(5) are met in both areas, we are granting the 
one-year extensions for these two areas, and with the granting of one-
year extensions under section 181(a)(5) for these areas, the applicable 
attainment date for the Southern Mountain Counties and Western Nevada 
County becomes June 15, 2011. With respect to this extended applicable 
attainment date, the data in table 4 show that the design value for the 
2008-2010 period was equal to or less than 0.084 ppm at

[[Page 56780]]

all of the monitors. Therefore, pursuant to section 181(b)(2), we are 
determining that the Southern Mountain Counties and Western Nevada 
County moderate nonattainment areas attained the 1997 8-hour ozone 
NAAQS by their applicable attainment deadlines of June 15, 2011, based 
on the complete, quality-assured data for the 2008-2010 ozone seasons. 
In addition, the data show that the design value for the 2009-2011 
period was also equal to or less than 0.084 ppm at all of the monitors. 
Therefore, we are also determining, based on the most recent three 
years of complete, quality-assured data for 2009-2011, that the 
Southern Mountain Counties and Western Nevada County areas have 
attained the standard. Preliminary data available for 2012 indicate 
that the areas continue to attain the standard.
---------------------------------------------------------------------------

    \21\ Memorandum from D. Kent Berry, Acting Director, EPA Air 
Quality Management Division to EPA Air Directors (Feb. 3, 1994) 
(Procedures for Processing Bump Ups and Extension Requests for 
Marginal Ozone Nonattainment Areas), available at http://www.epa.gov/ttn/oarpg/t1/memoranda/o_bump.pdf.

     Table 2--2004-2006 and 2009-2011 8-Hour Ozone Nonattainment Area Design Values (ppm) for the Sutter Buttes and Butte County Nonattainment Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     2004-2006                       2009-2011
               Nonattainment area                CARB monitoring site (AQS ID ) ---------------------------------------------------------------
                                                                                             APDC (%)           DV           APDC (%)           DV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Butte County...................................  Chico, Manzanita Avenue (060070002)....              98           0.073              99           0.066
                                                 Paradise, 4405 Airport Road (060070007)              99           0.084              99           0.077
Sutter Buttes..................................  Sutter Buttes (061010004)..............             100           0.082              90           0.071
--------------------------------------------------------------------------------------------------------------------------------------------------------
APDC: Average Percent Data Completeness; DV: Design Value.


  Table 3--2007-2009 and 2009-2011 8-Hour Ozone Nonattainment Area Design Values (ppm) for the Central Mountain Counties and Eastern Kern Nonattainment
                                                                          Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     2007-2009                       2009-2011
               Nonattainment area                  CARB monitoring site (agency, AQS ID  ---------------------------------------------------------------
                                                                )                   APDC (%)           DV           APDC (%)           DV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Central Mountain Counties......................  Jackson, Clinton Road (060050002)......              96           0.080              98           0.071
                                                 San Andreas, Gold Strike Road                        98           0.082              98           0.077
                                                  (060090001).
Eastern Kern...................................  Mojave, 923 Poole Street (060290011)...              94           0.084              92           0.080
--------------------------------------------------------------------------------------------------------------------------------------------------------


 Table 4--2008-2010 and 2009-2011 8-Hour Ozone Nonattainment Area Design Values (ppm) and 2009 Fourth-Highest Daily Maximum (ppm) for Southern Mountain
                                                           Counties and Western Nevada County
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       2009                          2008-2010                       2009-2011
                                       Monitoring site   -----------------------------------------------------------------------------------------------
        Nonattainment area             (agency, AQS ID                    Fourth-highest
                                         )          APDC (%)      daily maximum     APDC (%)           DV           APDC (%)           DV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Nevada County.............  Grass Valley, Litton              99           0.083              94           0.084              99           0.079
                                     Building (Northern
                                     Sierra AQMD,
                                     060570005).
                                    White Cloud Mountain              99           0.077              98           0.081              98           0.076
                                     (CARB, 060570007).
Southern Mountain Counties........  Jerseydale, 644                   94           0.077              94           0.080              91           0.076
                                     Jerseydale (CARB,
                                     060430006).
                                    Sonora, Barretta                  98           0.077              99           0.082              98           0.074
                                     Street (CARB,
                                     061090005).
                                    Yosemite, Turtleback              97           0.078              96           0.083              97           0.077
                                     Dome (NPS,
                                     060430003).
--------------------------------------------------------------------------------------------------------------------------------------------------------
NPS: National Park Service.

4. Ventura County
    Table 5 shows the ozone design values for the Ventura County ozone 
nonattainment area monitors, based on ambient air quality monitoring 
data for the most recent three-year period (2009-2011).\22\ The data 
show that the design value for the 2009-2011 period was equal to or 
less than 0.084 ppm at all of the monitors. Therefore, we are 
determining, based on the complete, quality-assured data for 2009-2011, 
that the Ventura County serious ozone nonattainment area has attained 
the 1997 8-hour ozone standard. Preliminary data available for 2012 
indicate that the area continues to attain the standard.
---------------------------------------------------------------------------

    \22\ As noted in footnote 1 in this document, Ventura County is 
classified as a ``serious'' nonattainment area for the 1997 8-hour 
ozone standard. As such, the applicable attainment date for Ventura 
County is June 15, 2013.

[[Page 56781]]



            Table 5--2009-2011 8-Hour Ozone Nonattainment Area Design Values (ppm) for Ventura County
----------------------------------------------------------------------------------------------------------------
                                                                                           2009-2011
            Nonattainment area                Ventura county APCD monitoring   --------------------------------
                                                 sites (AQS ID )          APDC (%)           DV
---------------------------------------------------------------------------------------------------------------
Ventura...................................  El Rio, Rio Mesa School 2              98           0.063
                                             (061113001).
                                            Ojai, Ojai Avenue (061111004).....              99           0.077
                                            Piru, 3301 Pacific Avenue                       99           0.077
                                             (061110009).
                                            Simi Valley, Cochran Street                     99           0.083
                                             (061112002).
                                            Thousand Oaks, Moorpark Road                    99           0.076
                                             (061110007).
----------------------------------------------------------------------------------------------------------------

V. EPA's Final Actions

    EPA is making three separate and independent types of 
determinations. First, pursuant to section 181(b)(2), EPA is 
determining that six 8-hour ozone nonattainment areas in California 
(Amador and Calaveras Counties, Chico, Kern County, Mariposa and 
Tuolumne Counties, Nevada County, and Sutter County) attained the 1997 
8-hour ozone NAAQS by their respective applicable attainment dates 
based on complete, quality-assured, and certified ambient air quality 
monitoring data. Second, in making these determinations for two of 
these areas, Mariposa and Tuolumne Counties and Nevada County, EPA is 
also determining that these areas qualified for one-year attainment 
date extensions and granting these extensions under CAA section 
181(a)(5) and 40 CFR 51.907. These extensions result in an applicable 
attainment deadline for these areas of June 15, 2011. As a result, EPA 
determines that that these two areas attained by their extended 
attainment dates. Third, EPA is separately determining that Amador and 
Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne Counties, 
Nevada County, Sutter County, and Ventura County have each attained the 
1997 8-hour ozone standard based on the most recent three years of 
complete, quality-assured, and certified data for 2009-2011. 
Preliminary data available for 2012 show that these areas continue to 
attain the standard. As provided in 40 CFR 51.918, these determinations 
of attainment suspend the requirements for the State of California to 
submit, for each of these seven ozone nonattainment areas, an 
attainment demonstration and associated RACM, RFP plan, contingency 
measures, and any other planning requirements related to attainment of 
the 1997 8-hour ozone NAAQS, for as long as the area continues to 
attain the 1997 8-hour ozone NAAQS.
    We are publishing these rules without prior proposal because the 
Agency views them as noncontroversial actions and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal should adverse comments be filed. These 
actions will be effective November 13, 2012, without further notice 
unless the EPA receives relevant adverse comments by October 15, 2012.
    If we receive such comments, then we will publish a document 
withdrawing the final rule affected by the comments and informing the 
public that the rule will not take effect. All public comments received 
will then be addressed in a subsequent final rule based on the proposed 
rule. We will not institute a second comment period. Parties interested 
in commenting should do so at this time. If no such comments are 
received, the public is advised that this rule will be effective on 
November 13, 2012 and no further action will be taken on the proposed 
rule.

VI. Statutory and Executive Order Reviews

    These actions make determinations of attainment based on air 
quality, result in the suspension of certain federal requirements, 
grant attainment date extensions, and/or would not impose additional 
requirements beyond those imposed by state law. For that reason, these 
actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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 CAA; and
     Do not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, these actions do not have Tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP obligations discussed herein do not apply to Indian 
Tribes and thus 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 13, 2012. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the

[[Page 56782]]

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, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 30, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.

    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 52.282 is amended by adding paragraph (e) to read as 
follows:


Sec.  52.282  Control strategy and regulations: Ozone.

* * * * *
    (e) Determinations of Attainment. Effective November 13, 2012.
    (1) Approval of applications for extensions of applicable 
attainment dates. Under section 181(a)(5) of the Clean Air Act, EPA is 
approving the applications submitted by the California Air Resources 
Board dated March 23, 2010 and May 24, 2010 for extensions of the 
applicable attainment date for the Mariposa and Tuolumne Counties and 
Nevada County 8-hour ozone nonattainment areas, respectively, from June 
15, 2010 to June 15, 2011.
    (2) Determinations of attainment by the applicable attainment date. 
EPA has determined that the Amador and Calaveras Counties, Chico, Kern 
County, Mariposa and Tuolumne Counties, Nevada County, and Sutter 
County 8-hour ozone nonattainment areas in California attained the 1997 
8-hour ozone national ambient air quality standard (NAAQS) by their 
applicable attainment dates. The applicable attainment dates are as 
follows: Amador and Calaveras Counties (June 15, 2010), Chico (June 15, 
2007), Kern County (June 15, 2010), Mariposa and Tuolumne Counties 
(June 15, 2011), Nevada County (June 15, 2011), and Sutter County (June 
15, 2007).
    (3) Determination of attainment. EPA is determining that the Amador 
and Calaveras Counties, Chico, Kern County, Mariposa and Tuolumne 
Counties, Nevada County, Sutter County and Ventura County 8-hour ozone 
nonattainment areas have attained the 1997 8-hour ozone standard, based 
upon complete quality-assured data for 2009-2011. Under the provisions 
of EPA's ozone implementation rule (see 40 CFR 51.918), these 
determinations suspend the attainment demonstrations and associated 
reasonably available control measures, reasonable further progress 
plans, contingency measures, and other planning SIPs related to 
attainment for as long as the areas continue to attain the 1997 8-hour 
ozone standard. If EPA determines, after notice-and-comment rulemaking, 
that any of these areas no longer meets the 1997 ozone NAAQS, the 
corresponding determination of attainment for that area shall be 
withdrawn.

[FR Doc. 2012-22469 Filed 9-13-12; 8:45 am]
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