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Federal Register/Vol. 74, No. 183/Wednesday, September 23, 2009/Proposed Rules

E. Executive Order 13132, Federalism

Executive Order 13132, entitled

"Federalism" (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure "meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications." "Policies that have

federalism implications" is defined in

the Executive Order to include

regulations that 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."

This action does not have federalism

implications. It will 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, because it

merely disapproves certain State

requirements for inclusion into the SIP

and does not alter the relationship or

the distribution of power and

responsibilities established in the Clean

Air Act. Thus, Executive Order 13132

does not apply to this action.

F. Executive Order 13175, Coordination

With Indian Tribal Governments

This action does not have tribal

implications, as specified in Executive

Order 13175 (59 FR 22951, November 9,

2000), because the SIP EPA is proposing

to disapprove would not 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. Thus, Executive

Order 13175 does not apply to this

action.

G. Executive Order 13045, Protection of

Children From Environmental Health

Risks and Safety Risks

EPA interprets Executive Order 13045

(62 FR 19885, April 23, 1997) as

applying only to those regulatory

actions that concern health or safety

risks, such that the analysis required

under section 5-501 of the Executive

Order has the potential to influence the

regulation. This action is not subject to

Executive Order 13045 because it is not

an economically significant regulatory

action based on health or safety risks

subject to Executive Order 13045 (62 FR

19885, April 23, 1997). This proposed

SIP disapproval under section 110 and

subchapter I, part D of the Clean Air Act

will not in-and-of itself create any new

regulations but simply disapproves

certain State requirements for inclusion

into the SIP.

H. Executive Order 13211, Actions That

Significantly Affect Energy Supply,

Distribution, or Use

This proposed rule is not subject to

Executive Order 13211 (66 FR 28355,

May 22, 2001) because it is not a

significant regulatory action under

Executive Order 12866.

L National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 ("NTTAA"), Public Law No.

104-113, section 12(d) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless to do so would be

inconsistent with applicable law or

otherwise impractical. Voluntary

consensus standards are technical

standards (e.g., materials specifications,

test methods, sampling procedures, and

business practices) that are developed or

adopted by voluntary consensus

standards bodies. NTTAA directs EPA

to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

The EPA believes that this action is

not subject to requirements of Section

12(d) of NTTAA because application of

those requirements would be

inconsistent with the Clean Air Act.

J. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations

Executive Order 12898 (59 FR 7629

(Feb. 16, 1994)) establishes federal

executive policy on environmental

justice. Its main provision directs

federal agencies, to the greatest extent

practicable and permitted by law, to

make environmental justice part of their

mission by identifying and addressing,

as appropriate, disproportionately high

and adverse human health or

environmental effects of their programs,

policies, and activities on minority

populations and low-income

populations in the United States.

EPA lacks the discretionary authority

to address environmental justice in this

proposed action. In reviewing SIP

submissions, EPA's role is to approve or

disapprove state choices, based on the

criteria of the Clean Air Act.

Accordingly, this action merely

proposes to disapprove certain State

requirements for inclusion into the SIP

under section 110 and subchapter I, part

D of the Clean Air Act and will not inand-of itself create any new

requirements. Accordingly, it does not

provide EPA with the discretionary

authority to address, as appropriate,

disproportionate human health or

environmental effects, using practicable

and legally permissible methods, under

Executive Order 12898.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations, Lead,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides, Volatile

organic compounds.

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

Dated: September 8, 2009.

Lawrence E. Starfield,

Acting Regional Administrator, Region 6.

[FR Doc. E9-22808 Filed 9-22-09; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0188; FRL-8960-6]

Determination of Attainment of the

1997 8-Hour Ozone Standard for

Imperial County, CA

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

determine that the Imperial County,

California moderate 8-hour ozone

nonattainment area has attained the

1997 8-hour National Ambient Air

Quality Standard (NAAQS) for ozone.

The State of California has requested

this determination, which is based upon

three years of certified ambient air

monitoring data that show the area has

monitored attainment of the 8-hour

ozone NAAQS since the 2006-2008

monitoring period. If this proposed

determination is made final, the

requirements for the State to submit

certain reasonable further progress

requirements, an attainment

demonstration, contingency measures

and other planning requirements of the

Clean Air Act related to attainment of

the 1997 8-hour ozone NAAQS shall be

suspended for so long as the area

continues to attain the 8-hour ozone

NAAQS.

DATES: Comments must be received on

or before October 23, 2009. Public

comments on this action are requested

and will be considered before taking

final action.

48495
Federal Register/Vol. 74, No. 183/Wednesday, September 23, 2009/Proposed Rules

ADDRESSES: Submit your comments,

identified by Docket ID No. EPA-R09-

OAR-2009-0188, by one of the

following methods:

* http://www.regulations.gov: Follow

the online instructions for submitting

comments.

* E-mail: tax.wienke@epa.gov.

* Fax:415-947-3579.

* Mail: Wienke Tax, Air Planning

Office, Environmental Protection

Agency, Region 9, 75 Hawthorne Street,

San Francisco, CA 94105-3901.

* Hand Delivery: Marty Robin, Air

Planning Office, Environmental

Protection Agency, Region 9, 75

Hawthorne Street, San Francisco, CA

94105-3901. Such deliveries are only

accepted during the Regional Office's

normal hours of operation. The Regional

Office's official hours of business are

Monday through Friday, 8 to 4:55

excluding Federal holidays.

Instructions: Direct your comments to

Docket ID No. EPA-R09-OAR-2009-

0188. EPA's policy is that all comments

received 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 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

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

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. For additional information

about EPA's public docket visit the EPA

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT:

Wienke Tax, Air Planning Office,

Environmental Protection Agency,

Region 9, (415) 947-4192,

tax. wienke@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, "we," "us"

and "our" refer to EPA.

Table of Contents

I. What Action Is EPA Proposing to Take?

II. What Is the Effect of This Action?

III. What Is the Background for This Action?

IV. What Is EPA's Analysis of the Relevant

Air Quality Data?

V. Proposed Action

VI. Statutory and Executive Order Reviews

I. What Action Is EPA Proposing to

Take?

EPA is proposing to determine that

the Imperial County moderate 8-hour

ozone nonattainment area in California

has attained the 1997 8-hour National

Ambient Air Quality Standard (NAAQS)

for ozone. This determination is based

upon three years of certified ambient air

monitoring data that show that the area

has monitored attainment of the 8-hour

ozone NAAQS of 0.08 parts per million

(ppm) since the 2006-2008 monitoring

period. Quality controlled and quality

assured ozone data for 2009 that are

available in the EPA Air Quality System

(AQS) database, but not yet certified,

also show that the area continues to

attain the 8-hour ozone NAAQS.'

II. What Is the Effect of This Action?

If this determination is made final,

under the provisions of EPA's ozone

implementation rule (40 CFR section

51.918), the requirements for the State

to submit certain reasonable further

progress requirements, an attainment

demonstration, and contingency

measures under section 172(c)(9) of the

Clean Air Act (CAA) and any other

planning State Implementation Plans

(SIPs) related to attainment of the 1997

8-hour ozone NAAQS in Imperial

County will be suspended for so long as

the area continues to attain the ozone

NAAQS. This finding does not address

the 2008 8-hour ozone standard of 0.075

ppm, which EPA promulgated on March

12, 2008 (see 73 FR 16435, March 27,

2008).

If this rulemaking is finalized and

EPA subsequently determines, after

notice-and-comment rulemaking in the

Federal Register, that the area has

violated the 1997 8-hour ozone

standard, the basis for the suspension of

these requirements for that area would

no longer exist, and the area would

thereafter have to address the pertinent

requirements within a reasonable period

1 See AQS Quicklook Report dated August 24,

2009 in the docket for today's action.

of time. EPA would establish that period

taking into account the individual

circumstances surrounding the

particular submissions at issue.

This proposed action is not equivalent

to the redesignation of the Imperial

County area to attainment under CAA

section 107(d)(3), because we would not

yet have an approved maintenance plan

for the area as required under section

175A of the CAA, nor a determination

that the area has met the other

requirements for redesignation. The

classification and designation status of

the area would remain moderate

nonattainment for the 1997 8-hour

ozone NAAQS until such time as EPA

determines that it meets the CAA

requirements for redesignation to

attainment.

III. What Is the Background for This

Action?

On April 30, 2004 (69 FR 23857), EPA

designated as nonattainment any area

that was violating the 1997 8-hour

ozone NAAQS based on the three most

recent years (2001-2003) of air quality

data. At that time, a number of areas in

California, including Imperial County,

were designated as nonattainment. See

40 CFR 81.305. Imperial County was

initially classified as a marginal

nonattainment area with a maximum

attainment date of June 15, 2007. 69 FR

23858. On February 13, 2008, EPA

determined that Imperial County had

failed to attain the 1997 8-hour ozone

NAAQS by the applicable attainment

deadline and reclassified the area by

operation of law as a moderate 8-hour

ozone nonattainment area, with a

maximum attainment date of June 15,

2010. 73 FR 8209 (final rule effective

March 14, 2008). This determination

was based on ambient air quality data

from the 2004-2006 monitoring period.

More recent air quality data, however,

indicate that the Imperial County area is

now attaining the 1997 8-hour ozone

standard.

On February 19, 2009, the California

Air Resources Board requested that EPA

determine that the Imperial County area

is attaining the 1997 8-hour ozone

standard of 0.08 ppm, based on certified

ambient air monitoring data from the

2006-2008 monitoring period.

IV. What Is EPA's Analysis of the

Relevant Air Quality Data?

In California's request and a

subsequent certification letter, the State

certified that the air quality monitoring

data it submitted for the years 2006,

2007, and 2008 was accurate and

quality-assured, consistent with state

48496
Federal Register/Vol. 74, No. 183/Wednesday, September 23, 2009/Proposed Rules

and EPA monitoring requirements. 2 3 via http://www.epa.gov/ttn/airs/ air quality data for Imperial County,

California submitted these data to EPA's airsaqs/. Table 1 summarizes the ozone from 2006 to 2008.

AQS, where it is available to the public

TABLE 1-FOURTH HIGHEST 8-HOUR AVERAGE OZONE CONCENTRATIONS AND DESIGN VALUES (IN PARTS PER MILLION,

PPM) IN IMPERIAL COUNTY, CALIFORNIA 2006-2008

Monitor site 2006 2007 2008 2006-2008

Design value

C alexico East .............................................................................................. . ..078 .083 .078 .079

Calexico Ethel ............................................................................................ .068 .087 .087 .080

E l C entro ................................................................................................... .. .. .09 1 .083 .074 .082

N ila n d ............................................................................................................... . .0 7 2 .0 7 8 .0 7 5 .0 7 5

W estm o rla nd .................................................................................................... .086 .085 .077 .082

Under EPA regulations at 40 CFR part

50, the 8-hour ozone standard is

attained 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 (i.e., 0.084 ppm, based on the

rounding convention in 40 CFR part 50,

Appendix I). This 3-year average is

referred to as the design value. When

the design value is less than or equal to

0.084 ppm (84 parts per billion (ppb)) at

each monitor within the area, then the

area is meeting the NAAQS. See 69 FR

23857 (April 30, 2004) for further

information. Also, the data

completeness requirement is met when

the average percent of days with valid

ambient monitoring data is greater than

90%, and no single year has less than

75% data completeness as determined

in Appendix I of 40 CFR part 50.

Table 1 shows the fourth highest daily

maximum 8-hour average ozone

concentrations for the Imperial County

monitors for the years 2006-2008. EPA's

review of these data indicate that the

Imperial County nonattainment area has

met and continues to meet the 8-hour

ozone NAAQS.

EPA is soliciting public comments on

the issues discussed in this notice or on

other relevant matters. EPA will

consider these comments before taking

final action. Interested parties may

participate in the Federal rulemaking

procedure by submitting written

comments to the EPA office listed in the

ADDRESSES section of this Federal

Register.

V. Proposed Action

EPA is proposing to determine that

the Imperial County, California ozone

nonattainment area has attained the

1997 8-hour ozone standard based on

three years of certified ambient air

monitoring data at all ozone monitoring

2

Letter from James Goldstene, Executive Officer,

California Air Resources Board, to Laura Yoshii,

Acting Regional Administrator, U.S. EPA Region 9,

dated February 19, 2009.

sites in the area. Quality-assured data

through the present demonstrate that

the area continues to attain the standard

through June 2009. As provided in 40

CFR 51.918, if EPA finalizes this

determination, it would suspend the

requirements for California to submit an

attainment demonstration, a reasonable

further progress plan, and contingency

measures under section 172(c)(9), and

any other planning SIP related to

attainment of the 1997 8-hour ozone

NAAQS for the Imperial County area.

This suspension of requirements would

be effective as long as the area continues

to attain the 1997 8-hour ozone

standard. Please note that this action

addresses only the 1997 8-hour ozone

standard of 0.08 ppm, and does not

address the 2008 8-hour ozone standard

of 0.075 ppm.

VI. Statutory and Executive Order

Reviews

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this proposed

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 proposes to make

a determination based on air quality

data, and would, if finalized, result in

the suspension of certain Federal

requirements. 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 proposes to make a determination

based on air quality data, and would, if

finalized, result in the suspension of

certain Federal requirements, it does not

3Letter from Karen Magliano, Chief, Air Quality

Data Branch, California Air Resources Board, to

Laura Yoshii, Acting Regional Administrator, EPA

Region 9, dated March 4, 2009.

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).

This proposed 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

(59 FR 22951, November 9, 2000). This

proposed 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), because it merely

proposes to make a determination based

on air quality data and would, if

finalized, result in the suspension of

certain Federal requirements, and does

not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. This proposed 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 proposes to determine that air

quality in the affected area is meeting

Federal standards.

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 because it would

be inconsistent with applicable law for

EPA, when determining the attainment

status of an area, to use voluntary

consensus standards in place of

48497
Federal Register/Vol. 74, No. 183/Wednesday, September 23, 2009/Proposed Rules

promulgated air quality standards and

monitoring procedures that otherwise

satisfy the provisions of the Clean Air

Act.

This proposed 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.)

Under Executive Order 12898, EPA

finds that this rule involves a proposed

determination of attainment based on

air quality data and will not have

disproportionately high and adverse

human health or environmental effects

on any communities in the area,

including minority and low-income

communities.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations, Nitrogen oxides, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

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

Dated: September 11, 2009.

Laura Yoshii,

Acting Regional Administrator, Region 9.

[FR Doc. E9-22933 Filed 9-22-09; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[EPA-R02-OAR-2009-0638; FRL-8960-9]

Determinations of Attainment of the

One-Hour and Eight-Hour Ozone

Standards for Various Ozone

Nonattainment Areas in New Jersey

and Upstate New York

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to

determine that various ozone

nonattainment areas in New York and

New Jersey have attained the one-hour

and eight-hour National Ambient Air

Quality Standards for ozone. For the

one-hour standard, the areas are: the

Atlantic City and Warren County areas

in New Jersey and the AlbanySchenectady-Troy, Buffalo-Niagara

Falls, Essex County, Jefferson County,

and Poughkeepsie areas in New York.

For the eight-hour standard, the areas

are: Buffalo-Niagara Falls, Jamestown,

Poughkeepsie and Essex County

(Whiteface Mountain). The States

requested these determinations, based

upon three years of complete, qualityassured ambient air monitoring data and

these areas have continued to attain

these ozone standards based on

examination of the most recent air

quality data from 2006-2008. These data

demonstrate that the one-hour and

eight-hour ozone standards have been

attained in these areas. If EPA makes

these proposed determinations final for

the one-hour standard, the areas subject

to the one-hour standard will have

completed their progress toward

achieving the one-hour health standard.

In the cases where EPA determines that

areas have attained the eight-hour

standard, the requirements for the state

to submit certain reasonable further

progress plans, attainment

demonstrations, contingency measures

and any other planning requirements of

the Clean Air Act related to attainment

of the ozone standards shall be

suspended for as long as the areas

continue to attain the eight-hour ozone

standard. These proposed

determinations of attainment are not

redesignations of these areas to

attainment. Redesignations must meet

additional requirements, including an

approved plan to maintain compliance

with the air quality standard for ten

years after redesignation.

DATES: Comments must be received on

or before October 23, 2009. Public

comments on this action are requested

and will be considered before taking

final action.

ADDRESSES: Submit your comments,

identified by Docket ID No. EPA-R02-

OAR-2008-0638, by one of the

following methods:

* http://www.regulations.gov: Follow

the on-line instructions for submitting

comments.

* E-mail: Werner.Raymond@epa.gov.

" Fax:212-637-3901.

* Mail: Raymond Werner, Chief, Air

Programs Branch, Environmental

Protection Agency, Region 2 Office, 290

Broadway, 25th Floor, New York, New

York 10007-1866.

* Hand Delivery: Raymond Werner,

Chief, Air Programs Branch,

Environmental Protection Agency,

Region 2 Office, 290 Broadway, 25th

Floor, New York, New York 10007-

1866. Such deliveries are only accepted

during the Regional Office's normal

hours of operation. The Regional

Office's official hours of business are

Monday through Friday, 8:30 to 4:30

excluding Federal holidays.

Instructions: Direct your comments to

Docket ID No. EPA-R02-OAR-2009-

0638. EPA's policy is that all comments

received 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. For additional information

about EPA's public docket visit the EPA

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT:

Robert F. Kelly, Air Programs Branch,

Environmental Protection Agency,

Region 2, 290 Broadway, 25th Floor,

New York, New York 10007-1866, (212)

637-4249.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Are Today's Proposed Actions?

11. What Is the Background for These

Actions?

A. When Were These Areas Designated?

B. How Does EPA Compute Whether an Area

Complies With the One-hour Ozone

Standard?

C. How Does EPA Compute Whether an Area

Complies With the Eight-hour Ozone

Standard?

D. Why Is EPA Determining if These Areas

Are Attaining The Ozone Standards?

E. What Are the Likely Effects of These

Determinations of Attainment?

F. How Are These Determinations of

Attainment Different From a

Redesignation to Attainment?

I1. Did These Areas Attain Their Respective

Ozone Standards?

IV. What is EPA Proposing?

V. Statutory and Executive Order Reviews

48498