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Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; 1-Hour Ozone Standard for Santa Barbara, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 9, 2003 (Volume 68, Number 131)]
[Rules and Regulations]
[Page 40789-40791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy03-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[CA-282-0392; FRL-7515-3]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; 1-Hour Ozone Standard for
Santa Barbara, CA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to redesignate the Santa Barbara
County area to attainment for the 1-hour ozone National Ambient Air
Quality Standard (NAAQS). EPA is also approving a 1-hour ozone
maintenance plan and motor vehicle emissions budgets as revisions to
the Santa Barbara portion of the California State Implementation Plan
(SIP).
EFFECTIVE DATE: This action is effective August 8, 2003.
ADDRESSES: You can inspect copies of the docket for this action during
normal business hours at EPA's Region IX office. Please contact Dave
Jesson if you
[[Page 40790]]
wish to schedule a visit. You can inspect copies of the SIP materials
at the following locations:
U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
California Air Resources Board, 1001 I Street, Sacramento, California,
95812.
Santa Barbara County Air Pollution Control District 26 Castilian Drive,
Suite B-23, Goleta, CA 93117.
The plan is also electronically available at:
http://www.sbcapcd.org/sbc/download01.htm. 
FOR FURTHER INFORMATION CONTACT: Dave Jesson, EPA Region IX, (415) 972-
3957, or jesson.david@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
I. Background
On March 25, 2003 (68 FR 14382-14388), we proposed to approve the
1-hour ozone maintenance plan for Santa Barbara County nonattainment
area (``Santa Barbara''), including the motor vehicle emissions
budgets, and to grant the State's request that we redesignate the area
to attainment, in accordance with Clean Air Act (``CAA'') section
107(d)(3)(E). The maintenance plan and budgets are contained in the
Final 2001 Clean Air Plan (``CAP''), which was adopted by the Santa
Barbara County Air Pollution Control District (``SBCAPCD'') on December
19, 2002, and submitted by the California Air Resources Board on
February 21, 2003. The proposal contains detailed information on the
SIP submittal and our evaluation of the submittal against applicable
CAA provisions and EPA policies relating to 1-hour ozone maintenance
SIPs and budgets.
In the proposal, we stated that final approval would be contingent
upon our affirmative finding that the latest update to California's
motor vehicle emissions model, known as EMFAC2002, is acceptable for
purposes of SIP development and transportation conformity. On April 1,
2003 (68 FR 15720-15723), we published a Federal Register notice
stating our conclusion that the EMFAC2002 emission factor model is
acceptable for use in SIP development and transportation conformity.
II. Public Comments
We received no public comment on our proposed action.
III. EPA Action
In this document, we are finalizing our proposed approval of the
Final 2001 CAP for Santa Barbara as meeting applicable provisions for
1-hour ozone maintenance plans, under CAA sections 175A and 110(k)(3).
As part of this action, we are finalizing approval of the following
specific plan elements. We indicate on which page of our proposal the
element is discussed.
(1) Approval of the emission inventories for 1999, 2005, 2010, and
2015, including a growth conformity allowance for the Vandenberg Air
Force Base, under CAA section 172(c)(3) and 175A--68 FR 14384.
(2) Approval of the maintenance demonstration through 2015, under
CAA section 175A--68 FR 14384-5.
(3) Approval of the SBCAPCD commitment to continue ambient
monitoring of the 1-hour ozone NAAQS, under CAA section 175A--68 FR
14385.
(4) Approval of the SBCAPCD commitment to track progress through
triennial updates to verify maintenance of the 1-hour ozone NAAQS,
under CAA section 175A--68 FR 14385.
(5) Approval of the contingency measures, under CAA section
175A(d)--68 FR 14385 (Table 2).\1\
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\1\ On August 27, 2002 (67 FR 54963), we approved these same
contingency measures under CAA section 110(K)(3) as strengthening
the existing SIP. We are now approving them as meeting the
maintenance plan provisions of CAA 175A(d).
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(6) Approval of the 2005 and 2015 motor vehicle emissions budgets
for volatile organic compounds (VOC) and nitrogen oxides
(NOX), under CAA sections 176(c)(2) as adequate for
maintenance of the 1-hour ozone NAAQS and for transportation conformity
purposes--68 FR 14385-14386.
Finally, we are redesignating Santa Barbara County to attainment
for the 1-hour ozone standard under CAA section 107(d)(3)(E).
As discussed, we finalize these actions because, in a separate
action, we have found that the EMFAC2002 emission factor model is
acceptable.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
[[Page 40791]]
Fairness Act of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
A major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 8, 2003. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: June 6, 2003.
Alexis Strauss,
Acting Regional Administrator, Region IX.
? Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
? 1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
? 2. Section 52.220 is amended by adding paragraph (c)(314) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(314) New and amended plan for the following agency was submitted
on February 21, 2003, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Emission Inventories, 1-hour ozone maintenance demonstration,
commitments to continue ambient monitoring and to track progress, and
contingency measures, as contained in the Final 2001 Clean Air Plan
adopted on December 19, 2002.
* * * * *
PART 81--[AMENDED]
? 1. The authority citation for Part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
? 2. In Sec. 81.305, the California Ozone (1-Hour Standard) table is
amended by revising the entry for the Santa Barbara-Santa Maria-Lompoc
Area: to read as follows:
Sec. 81.305 California.
* * * * *
California--Ozone (1-Hour Standard)
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Designation Classification
Designated area -----------------------------------------------------------
Date \1\ Type Date \1\ Type
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* * * * * * *
Santa Barbara-Santa Maria-Lompoc .................. Attainment........
Area:.
Santa Barbara County......... August 8, 2003....
* * * * * * *
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\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. 03-17210 Filed 7-8-03; 8:45 am]
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