57820 Federal Register / Vol. 68, No. 194 / Tuesday, October 7, 2003 / Rules and Regulations 

1The Los Angeles-South Coast Air Basin Area 

includes all of Orange County and the more 

populated portions of Los Angeles, San Bernardino, 

and Riverside Counties. The Southeast Desert Air 

Basin includes portions of Los Angeles, San 

Bernardino, and Riverside Counties. For a 

description of the current boundaries of the basins 

and subareas for each pollutant, see 40 CFR 81.305.

2The Coachella Valley area is part of the 

Southeast Desert nonattainment area for ozone and 

is its own PM–10 nonattainment area.

Method for Sulfur in Petroleum Gas by 

Oxidative Microcoulometry;’’ D 5191–

01, entitled, ‘‘Standard Test Method for 

Vapor Pressure of Petroleum Products 

(Mini Method);’’ D 5599–00, entitled, 

‘‘Standard Test Method for 

Determination of Oxygenates in 

Gasoline by Gas Chromatography and 

Oxygen Selective Flame Ionization 

Detection;’’ D 5769–98, entitled, 

‘‘Standard Test Method for 

Determination of Benzene, Toluene, and 

Total Aromatics in Finished Gasolines 

by Gas Chromatography/Mass 

Spectrometry,’’ D 86–01, entitled, 

‘‘Standard Test Method for Distillation 

of Petroleum Products at Atmospheric 

Pressure;’’ D 5453–00e1, entitled, 

‘‘Standard Test Method for 

Determination of Total Sulfur in Light 

Hydrocarbons, Motor Fuels and Oils by 

Ultraviolet Fluorescence;’’ D 6428–99, 

entitled, ‘‘Test Method for Total Sulfur 

in Liquid Aromatic Hydrocarbons and 

Their Derivatives by Oxidative 

Combustion and Electrochemical 

Detection;’’ D 3120–96 (Reapproved 

2002)e1, entitled ‘‘Standard Test Method 

for Trace Quantities of Sulfur in Light 

Petroleum Hydrocarbons by Oxidative 

Microcoulometry;’’ and D 4468–85 

(Reapproved 2000), ‘‘Standard Test 

Method for Total Sulfur in Gaseous 

Fuels by Hydrogenolysis and 

Rateometric Colorimetry ‘‘are 

incorporated by reference in this 

section. These incorporations by 

reference were approved by the Director 

of the Federal Register in accordance 

with 5 U.S.C. 552(a) and 1 CFR part 51. 

Copies may be obtained from the 

American Society for Testing and 

Materials, 100 Barr Harbor Dr., West 

Conshohocken, PA 19428–2959. Copies 

may be inspected at the Air Docket 

Center, room B–108, U.S. 

Environmental Protection Agency, 

Docket Nos. A–97–03, A–2002–15 and 

OAR–2003–0050, 1200 Pennsylvania 

Avenue, NW, Washington, DC 20460, or 

at the Office of the Federal Register, 

National Archives and Records 

Administration, 800 North Capitol 

Street, NW, Suite 700, Washington, DC.

■ 3. Section 80.330 is amended by 

revising paragraph (c)(1) to read as 

follows:

§ 80.330 What are the sampling and 

testing requirements for refiners and 

importers?

* * * * *

(c) Test method for measuring sulfur 

content of gasoline. (1) For purposes of 

paragraph (a) of this section, refiners 

and importers shall use the method 

provided in § 80.46(a)(1) or one of the 

alternative test methods listed in 

§ 80.46(a)(3) to measure the sulfur 

content of gasoline they produce or 

import.

* * * * *

■ 4. Section 80.340 is amended by 

revising paragraph (b)(2)(ii) to read as 

follows:

§ 80.340 What standards and requirements 

apply to refiners producing gasoline by 

blending blendstocks into previously 

certified gasoline (PCG)?

* * * * *

(b) * * * 

(2) * * * 

(ii) The testing must be performed by 

the method specified in § 80.46(a)(2) or 

by the alternative method specified in 

§ 80.46(a)(4).

* * * * *

■ 5. Section 80.350 is amended by 

revising paragraph (b)(2) to read as 

follows:

§ 80.350 What alternative sulfur standards 

and requirements apply to importers who 

transport gasoline by truck?

* * * * *

(b) * * * 

(2) The sampling and testing shall be 

performed using the methods specified 

in § 80.330(b) and § 80.46(a)(1) or one of 

the alternative test methods listed in 

§ 80.46(a)(3), respectively.

* * * * *

[FR Doc. 03–25133 Filed 10–6–03; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81

[CA087–DESIG; FRL–7568–3] 

Clean Air Act Area Designations; 

California

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is finalizing approval of 

minor changes in the boundaries 

between areas in Southern California 

established under the Clean Air Act for 

purposes of addressing the national 

ambient air quality standards (NAAQS) 

for 1-hour ozone, particulate matter 

(PM–10), carbon monoxide (CO), 

nitrogen dioxide (NO2), and sulfur 

dioxide (SO2), and the prior NAAQS for 

total suspended particulate matter 

(TSP). 

We are approving these boundary 

changes under the Clean Air Act as 

amended in 1990 (CAA or the Act).

EFFECTIVE DATE: This rule is effective on 

November 6, 2003.

ADDRESSES: You can inspect copies of 

the administrative record for this action 

at EPA’s Region IX office during normal 

business hours by appointment. If you 

wish to schedule a visit, please contact 

Dave Jesson, as indicated below. You 

can inspect copies of the submitted 

materials by appointment at the 

following locations:

EPA, Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

California Air Resources Board, 1001 ‘‘I’’

Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT:

Dave Jesson, EPA Region IX, at (415) 

972–3957, or jesson.david@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us,’’

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On August 15, 2003 (68 FR 48848), we 

proposed to approve minor revisions to 

the boundaries of the Los Angeles-South 

Coast Air Basin Area (‘‘South Coast Air 

Basin’’) and the Southeast Desert Air 

Basin.1 These revisions were requested 

on November 18, 2002, by the California 

Air Resources Board (CARB) under CAA 

section 107(d)(3)(D), which authorizes 

States to submit revised area 

designations.

The purposes of CARB’s request are 

to: 

(1) enlarge the South Coast Air Basin 

to include the Banning Pass area, 

thereby excluding the area from the 

Southeast Desert; 

(2) harmonize the boundaries of the 

Coachella Valley area 2 by changing 

them to match the PM–10 area 

boundaries; and

(3) correct the eastern boundary of the 

South Coast Air Basin with respect to 

CO. 

We proposed to approve these 

redesignations and apply the boundary 

changes to all affected pollutants, 

because the revisions comply with the 

relevant provisions of CAA section 

107(d)(3)(D) and apply equally to other 

pollutants for which the areas have 

existing designations. Our proposed 

action contains more information about 

the proposed revisions and our 

evaluation.

Federal Register / Vol. 68, No. 194 / Tuesday, October 7, 2003 / Rules and Regulations 57821

II. Public Comments and EPA 

Responses 

Our proposed action provided a 30-

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

As authorized in section 107(d)(3)(D), 

EPA is taking final action to: 

(1) revise the boundary of the South 

Coast Air Basin to incorporate the 

Banning Pass; 

(2) amend the boundary of the 

Coachella Valley area (Riverside County 

portion of the Southeast Desert Air 

Basin for 1-hour ozone) to correspond to 

the PM–10 boundary for the area; and 

(3) approve the State’s request to 

make a typographical correction to the 

boundary of the South Coast Air Basin 

with respect to CO.

We are making the first two changes 

for all pollutants for which the areas are 

designated in our regulations (40 CFR 

Part 81). Thus, the boundary changes 

apply to 1-hour ozone, PM–10, CO, NO2, 

SO2, and TSP. We are amending the 

descriptions of the areas in 40 CFR 

81.305 for TSP, CO, 1-Hour Ozone, and 

NO2. No changes are required in the 40 

CFR 81.305 designation tables for PM–

10 and SO2, since the tables for these 

pollutants do not specify boundaries 

and the area names need not be 

changed. 

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 

(Pub. L. 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. section 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 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. section 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 December 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 in 40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas.

Dated: September 23, 2003. 

Deborah Jordan, 

Acting Regional Administrator, Region IX.

■ Part 81, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 81—[AMENDED]

■ 1. The authority citation for part 81 

continues to read as follows:

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

■ 2. Section 81.305 is amended as 

follows:

■ a. In the table for ‘‘California-TSP’’ by 

revising the entry for Riverside County 

under ‘‘Southeast Desert Air Basin’’;

■ b. In the table for ‘‘California—Carbon 

Monoxide’’ by revising the entry for 

Riverside County (part) under ‘‘Los 

Angeles-South Coast Air Basin Area’’; by 

revising the entry for San Bernandino 

County (part) under ‘‘Los Angeles-South 

Coast Air Basin Area’’; and by revising 

the entry for Riverside County (part) 

under the ‘‘Southeast Desert Air Basin’’;

■ c. In the table for ‘‘California—Ozone 

(1–Hour Standard)’’ by revising the entry 

for Riverside County (part) under ‘‘Los 

Angeles-South Coast Air Basin Area’’; 

and by revising the entry for Riverside 

County (part) under the ‘‘Southeast 

Desert modified AQMA area’’;

■ d. In the table for ‘‘California-NO2’’ by 

revising the entry for ‘‘Riverside County 

(portion within S.E. Desert AQMA) 

County’’; and by revising the entry for 

‘‘Riverside County, non-AQMA portion 

County.’’

The revisions read as follows:

§ 81.305 California.

57822 Federal Register / Vol. 68, No. 194 / Tuesday, October 7, 2003 / Rules and Regulations 

CALIFORNIA—TSP 

Designated area 

Does not 

meet primary standards Does not meet secondary standards Cannot be 

classified 

Better than national 

standards 

*******

Southeast Desert Air Basin: 

*******

Riverside County (Coachella Valley planning area) ........ .................... ........................................ X

Riverside County (remainder of County).

*******

CALIFORNIA—CARBON MONOXIDE

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

*******

Los Angeles—South Coast Air Basin Area Attainment.

*******

Riverside County (part) that portion of Riverside County 

which lies to the west of a line described as follows: 

1. Beginning at the Riverside-San Diego County boundary and running north along the range line common to 

Range 4 East and Range 3 East, San Bernardino 

Base and Meridian; 

.................... Nonattainment ............... .................... Serious 

2. then east along the Township line common to Township 8 South and Township 7 South; 

3. then north along the range line common to Range 5 

East and Range 4 East; 

4. then west along the Township line common to Township 6 South and Township 7 South to the southwest 

corner of Section 34, Township 6 South, Range 4 

East; 

5. then north along the west boundaries of Sections 34, 

27, 22, 15, 10, and 3, Township 6 South, Range 4 

East; 

6. Then west along the Township line common to Township 5 South and Township 6 South; 

7. Then north along the range line common to Range 4 

East and Range 3 East; 

8. Then west along the south boundaries of Sections 

13, 14, 15, 16, 17, and 18, Township 5 South, Range 

3 East; 

9. then north along the range line common to Range 2 

East and Range 3 East to the Riverside-San 

Bernardino county line. 

San Bernardino County (part)—that portion of San 

Bernardino County which lies south and west of a line described as follows: 

.................... Nonattainment ............... .................... Serious 

1. Beginning at the San Bernardino-Riverside County 

boundary and running north along the range line common to Range 3 East and Range 2 East, San 

Bernardino Base and Meridian; 

2. Then west along the Township line common to Township 3 North and Township 2 North to the San 

Bernardino-Los Angeles County boundary. 

*******

Southeast Desert Air Basin 

*******

Riverside County (part) Portion excluding Los AngelesSouth Coast Air Basin..................... Unclassifiable/Attainment. 

*******

1This date is November 15, 1990, unless otherwise noted. 

Federal Register / Vol. 68, No. 194 / Tuesday, October 7, 2003 / Rules and Regulations 57823

*****

CALIFORNIA—OZONE (1-HOUR STANDARD) 

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

*******

Los Angeles—South and Coast Air Basin Area 

*******

Riverside County (part) that portion of Riverside County 

which lies to the west of a line described as follows: 

1. Beginning at the Riverside-San Diego County boundary and running north along the range line common to 

Range 4 East and Range 3 East, San Bernardino 

Base and Meridian; 

11/15/90 Nonattainment ............... 11/15/90 Extreme. 

2. then east along the Township line common to Township 8 South and Township 7 South; 

3. then north along the range line common to Range 5 

East and Range 4 East; 

4. then west along the Township line common to Township 6 South and Township 7 South to the southwest 

corner of Section 34, Township 6 South, Range 4 

East; 

5. then north along the west boundaries of Sections 34, 

27, 22, 15, 10, and 3, Township 6 South, Range 4 

East; 

6. then west along the Township line common to Township 5 South and Township 6 South; 

7. then north along the range line common to Range 4 

East and Range 3 East; 

8. then west along the south boundaries of Sections 13, 

14, 15, 16, 17, and 18, Township 5 South, Range 3 

East; 

9. then north along the range line common to Range 2 

East and Range 3 East to the Riverside-San 

Bernardino county line. 

*******

Southeast Desert Modified AQMA Area: 

*******

Riverside County .............................................................. 11/15/90 Nonattainment ............... 11/15/90 Severe-17

Coachella Valley planning area—that portion of Riverside 

County which lies to the east of a line described as follows: 

1. Beginning at the Riverside-San Diego County boundary and running north along the range line common to 

Range 4 East and Range 3 East, San Bernardino 

Base and Meridian; 

2. then east along the Township line common to Township 8 South and Township 7 South; 

3. then north along the range line common to Range 5 

East and Range 4 East; 

4. then west along the Township line common to Township 6 South and Township 7 South to the southwest 

corner of Section 34, Township 6 South, Range 4 

East; 

5. then north along the west boundaries of Sections 34, 

27, 22, 15, 10, and 3, Township 6 South, Range 4 

East; 

6. then west along the Township line common to Township 5 South and Township 6 South; 

7. then north along the range line common to Range 4 

East and Range 3 East; 

8. then west along the south boundaries of Sections 13, 

14, 15, 16, 17, and 18, Township 5 South, Range 3 

East; 

57824 Federal Register / Vol. 68, No. 194 / Tuesday, October 7, 2003 / Rules and Regulations 

CALIFORNIA—OZONE (1-HOUR STANDARD)—Continued

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

9. then north along the range line common to Range 2 

East and Range 3 East to the Riverside-San 

Bernardino County line and that portion of Riverside 

County which lies to the west of a line described as 

follows: That segment of the southwestern boundary 

line of Hydrologic Unit Number 18100100 within Riverside County, further described as follows: 

10. Beginning at the Riverside-Imperial County boundary and running north along the range line common to 

Range 17 East and Range 16 East, San Bernardino 

Base and Meridian; 

11. then northwest along the ridge line of the 

Chuckwalla Mountains, through Township 8 South, 

Range 16 East and Township 7 South, Range 16 

East, until the Black Butte Mountain, elevation 4504 

feet; 

12. then west and northwest along the ridge line to the 

southwest corner of Township 5 South, Range 14 

East; 

13. then north along the range line common to Range 

14 East and Range 13 East; 

14. then west and northwest along the ridge line to 

Monument Mountain, elevation 4834 feet; 

15. then southwest and then northwest along the ridge 

line of the Little San Bernardino Mountains to Quail 

Mountain, elevation 5814 feet; 

16. then northwest along the ridge line to the RiversideSan Bernardino County line 

* * * * ** *

1This date is November 15, 1990, unless otherwise noted. 

* * * * *

CALIFORNIA—NO2

Designated area Does not meet primary standards 

Cannot be classified or better than 

national standards 

Riverside County (Coachella Valley planning area) 

*******

Riverside County (portion not within South Coast Air Basin or Coachella 

Valley planning area).

................................................................................ X 

*******

[FR Doc. 03–25136 Filed 10–6–03; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 239 and 258 

[FRL–7569–4] 

Virginia: Approval of Financial 

Assurance Regulations for the 

Commonwealth’s Municipal Solid 

Waste Landfill Permitting Program

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: In Federal Register

documents of February 3, 1993 and 

March 31, 1994, the Commonwealth of 

Virginia received Federal 

determinations of partial program 

adequacy for its Municipal Solid Waste 

Landfill permit program under section 

4005 of the Resource Conservation and 

Recovery Act (RCRA). This section 

requires states to develop and 

implement permit programs that ensure 

that Municipal Solid Waste Landfills 

(MSWLF) which may receive hazardous 

household waste or small quantity 

generator waste are obligated to comply