ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R09-OAR-2011-0169; FRL– ] 

Approval and Promulgation of Implementation Plans; Nevada; 

Determination of Attainment for the Clark County 8-Hour Ozone 

Nonattainment Area 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is determining that the Clark County (Nevada) 8-

hour ozone nonattainment area has attained the 1997 8-hour ozone 

national ambient air quality standards (NAAQS). This 

determination is based upon complete, quality-assured, and 

certified ambient air monitoring data that show the area has 

monitored attainment of the 1997 8-hour ozone NAAQS for the 2007 

to 2009 monitoring period. Preliminary air quality monitoring 

data available for 2010 are consistent with continued 

attainment. Based on this determination, the obligation for the 

State of Nevada to submit an attainment demonstration and 

associated reasonably available control measures (RACM), a 

reasonable further progress (RFP) plan, contingency measures, 

and other planning requirements related to attainment of the 

1997 8-hour ozone NAAQS for the Clark County ozone nonattainment 

area shall be suspended for as long as the nonattainment area 
2 

continues to meet the 1997 8-hour ozone NAAQS. This action is 

being taken under the Clean Air Act (CAA). 

DATES: This action is effective on [Federal Register: Insert 

date 60 days after the publication date] without further notice, 

unless EPA receives adverse comment by [Federal Register: Insert 

date 30 days after the publication date]. 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-2011-0169 by one of the following methods: 

1. www.regulations.gov: Follow the on-line instructions for 

submitting comments. 

2. E-mail: kelly.johnj@epa.gov. 

3. Fax: (415) 947-3579. 

4. Mail: “EPA-R09-OAR-2011-0169,” Lisa Hanf, Chief, Air 

Planning Office, Air Division, U.S. Environmental 

Protection Agency, Region IX, 75 Hawthorne Street (Air-2), 

San Francisco, California 94105. 

5. Hand Delivery or Courier: At the previously-listed EPA 
3 

Region IX address. Such deliveries are only accepted during 

the Docket's normal hours of operation, and special 

arrangements should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to Docket ID No. EPA-R09-

OAR-2011-0169. 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 through www.regulations.gov or by e-mail information that 

you consider to be CBI or otherwise protected. The 

www.regulations.gov website 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 
4 

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/dockets/. 

Docket: All documents in the electronic docket are listed in 

the www.regulations.gov index. Although listed in the index, 

some information is not publicly available, for example, CBI or 

other information whose disclosure is restricted by statute. 

Certain other material, such as copyrighted material, is not 

placed on the Internet and will be publicly available only in 

hard copy form. Publicly available docket materials are 

available either electronically in www.regulations.gov or in 

hard copy at the Air Planning Office, Air Division, U.S. 

Environmental Protection Agency, Region IX, 75 Hawthorne Street 

(Air-2), San Francisco, California 94105. EPA requests that if 

at all possible, you contact the person listed in the FOR 
5 

FURTHER INFORMATION CONTACT section to schedule your inspection 

during normal business hours. 

FOR FURTHER INFORMATION CONTACT: John Kelly, (415) 947-4151, or 

by email at kelly.johnj@epa.gov. 

SUPPLEMENTARY INFORMATION: Throughout this document, “we,” “us,” 

 and “our” refer to EPA. 

Table of Contents 

I. What determination is EPA making? 

II. What is the background for this action? 

A. The Clark County Ozone Nonattainment Area 

B. Determination of Attainment 

C. Ambient Air Quality Monitoring Data 

III. What is the effect of this action? 

A. Determination of Attainment 

B. Subpart 1 Designation 

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

V. EPA’s Final Action 

VI. Statutory and Executive Order Reviews 

I. What determination is EPA making? 
6 

EPA is determining that the Clark County (Nevada) 8-hour 

ozone nonattainment area (“Clark County ozone nonattainment 

area”) has attained the 1997 8-hour ozone NAAQS. The Clark 

County ozone nonattainment area is composed of a portion of 

Clark County in Nevada.1 EPA’s determination is based upon 

complete, quality-assured, and certified ambient air quality 

monitoring data for the years 2007 to 2009 showing that the 

Clark County ozone nonattainment area has monitored attainment 

of the 1997 8-hour ozone NAAQS. Preliminary air quality 

monitoring data available for 2010 are consistent with continued 

attainment. 

On March 27, 2008 (73 FR 16436), EPA promulgated a revised 

8-hour ozone standard of 0.075 parts per million (ppm). On 

January 6, 2010, EPA again addressed this 2008 revised standard 

and proposed to set the primary 8-hour ozone standard within the 

range of 0.060 to 0.070 ppm, rather than at 0.075 ppm. EPA is 

working to complete reconsideration of the standard and 

thereafter will proceed with attainment/nonattainment area 

designations. This rulemaking relates only to a determination of 

 

1 The boundaries of the Clark County ozone nonattainment area are defined in 

40 CFR 81.329. Specifically, the area is defined as: “That portion of Clark 

County that lies in hydrographic areas 164A, 164B, 165, 166, 167, 212, 213, 

214, 216, 217, and 218 but excluding the Moapa River Indian Reservation and 

the Fort Mojave Indian Reservation.” The area includes a significant portion 

of the unincorporated portions of central and southern Clark County, as well 

as the cities of Las Vegas, Henderson, North Las Vegas, and Boulder City. 
7 

attainment for the 1997 8-hour ozone standard and is not 

affected by the ongoing process of reconsidering the revised 

2008 standard. This action addresses only the 1997 8-hour ozone 

standard of 0.08 ppm, and does not address any subsequently 

revised 8-hour ozone standard. 

II. What is the background for this action? 

A. The Clark County Ozone Nonattainment Area 

In 1997, EPA revised the health-based NAAQS for ozone, 

setting it at 0.08 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 children and adults who are active 

outdoors, and individuals with a pre-existing respiratory 

disease, such as asthma. 

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 we designated Clark County as nonattainment and provided 
8 

that this designation would become effective on June 15, 2004. 

Following the April 2004 final rule, the State of Nevada 

submitted additional information requesting that the boundaries 

of the area to be designated nonattainment be reconsidered. In 

response, EPA granted a deferral of the effective date for Clark 

County to consider this information. See 69 FR 34076 (June 18, 

2004). On September 17, 2004, EPA reduced the geographic extent 

of the ozone nonattainment area to encompass a portion of, but 

not all of, Clark County. See 69 FR 55956 (September 17, 2004) 

and 40 CFR 81.329. In 2005, we published a final rule that we 

would treat the effective date of the partial-county 

nonattainment area designation the same as the designations for 

the rest of the country, i.e., June 15, 2004. See 70 FR 71612 

(November 29, 2005) and 40 CFR 51.917. 

B. Determination of Attainment 

Under the provisions of EPA's ozone implementation rule for 

the 1997 ozone 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, RACM, RFP, contingency measures and other 

planning requirements related to attainment for as long as the 
9 

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 to be 

redesignated to attainment. 

C. Ambient Air Quality Monitoring Data 

Complete, quality-assured, and certified 8-hour ozone air 

quality monitoring data for 2007 through 2009, as well as 

preliminary data available to date for 2010, show that the Clark 

County ozone nonattainment area has attained, and continues to 

attain, the 1997 8-hour ozone NAAQS. 

III. What is the effect of this action? 

As noted, under 40 CFR section 51.918, the effect of 

today’s determination of attainment is to suspend the obligation 

to submit certain planning requirements described above; 

however, it does not constitute a redesignation to attainment 

under section 107(d)(3) of the CAA. The designation status of 

the Clark County ozone nonattainment area remains nonattainment 

for the 1997 8-hour ozone NAAQS until such time as EPA 

determines that the area meets the CAA requirements for 

redesignation to attainment, including an approved maintenance 

plan. 
10 

A. Determination of Attainment 

EPA is determining that the Clark County ozone 

nonattainment area is attaining the 1997 8-hour ozone NAAQS. In 

accordance with 40 CFR 51.918, based on this determination, the 

obligation under the CAA for the State of Nevada 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 the Clark County 

ozone nonattainment area is suspended for so long as the area 

continues to attain the 1997 8-hour ozone NAAQS. Although these 

requirements are suspended, EPA is not precluded from acting 

upon these elements, if Nevada submits them for EPA review and 

approval. 

The effect of this determination is to: 

(1) Suspend the requirements to submit an attainment 

demonstration, RACM, RFP plan, contingency measures, and any 

other planning requirements related to attainment of the 1997 8-

hour ozone NAAQS; 

(2) Continue 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; 
11 

(3) Be separate from, and not influence or otherwise 

affect, any future designation determination or requirements for 

the area based on any new or revised ozone NAAQS; and 

(4) Remain in effect regardless of whether EPA designates 

this area as a nonattainment area for purposes of any new or 

revised ozone NAAQS. 

If EPA subsequently determines, after notice-and-comment 

rulemaking, that the Clark County ozone nonattainment area has 

violated the 1997 8-hour ozone NAAQS, the basis for the 

suspension of the specific requirements, set forth at 40 CFR 

51.918, would no longer exist, and the Clark County ozone 

nonattainment area would thereafter have to address applicable 

requirements. 

B. Subpart 1 Designation 

Under the implementation rule for the 1997 8-hour ozone 

standard, EPA designated certain areas under title I, part D, 

subpart 1 of the CAA (subpart 1) if they had a 1-hour design 

value below 0.121 ppm. As discussed above, in 2004, EPA 

designated a portion of Clark County nonattainment under subpart 

1 for the 1997 8-hour ozone standard. 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 
12 

implementation rule that allowed areas to be designated under 

subpart 1. 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 Clark County ozone nonattainment area is 

among those areas that would be classified under subpart 2 if 

EPA's proposal is finalized. EPA has not yet completed its final 

rulemaking action for the Subpart 1/Subpart 2 1997 8-Hour Ozone 

Rulemaking. When the Subpart 1/Subpart 2 1997 8-Hour Ozone 

Rulemaking is finalized, and if the Clark County ozone 

nonattainment area continues in attainment for the 1997 8-hour 

ozone NAAQS, EPA will address in a future rulemaking the 

consequences of a determination of attainment for any 

requirements to which the Clark County ozone nonattainment area 

becomes subject as a result of its reclassification. If, after 

the Clark County ozone nonattainment area is classified under 

subpart 2, EPA determines in a future rulemaking that the Clark 
13 

County ozone nonattainment area continues to be in attainment, 

then the obligation to submit the applicable attainment 

planning-related requirements for its new classification would 

be suspended in accordance with 40 CFR 51.918.

IV. What is EPA’s analysis of the relevant air quality 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 

National Air Monitoring Stations (“NAMS”) or 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 the EPA 

AQS database. Heads of monitoring agencies annually certify that 

these data are accurate to the best of their knowledge. 

Accordingly, EPA relies primarily on data in its AQS database 

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.
14 

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 greater than 90%, and no single year 

has less than 75% data completeness as determined in Appendix I 

of 40 CFR Part 50. 

The Clark County Department of Air Quality & Environmental 

Management (DAQEM) is responsible for monitoring ambient air 

quality within Clark County. DAQEM submits monitoring network 

plan reports to EPA on an annual basis. These reports discuss 

the status of the air monitoring network, as required under 40 

CFR part 58. Beginning in 2007, EPA reviews these annual plans 

for compliance with the applicable reporting requirements in 40 

CFR 58.10. With respect to ozone, we have found DAQEM’s annual 

network plans to meet the applicable requirements under 40 CFR 
15 

part 58. See EPA letters to DAQEM concerning DAQEM’s annual 

network plan reports for years 2007, 2008, 2009 and 2010. 

Furthermore, we concluded in our Technical System Audit Report

(February 2010) that Clark County DAQEM’s ambient air monitoring 

network currently meets or exceeds the requirements for the 

minimum number of monitoring sites designated as state and local 

air monitoring stations (SLAMS) for all of the criteria 

pollutants, and that all of the monitoring sites are properly 

located with respect to monitoring objectives, spatial scales 

and other site criteria. Also,DAQEM annually certifies that the 

data it submits to AQS are complete and quality-assured. See, 

e.g., letter dated April 14, 2010, from Lewis Wallenmeyer, 

Director, DAQEM, to Jared Blumenfeld, EPA Region IX Regional 

Administrator.

Clark County DAQEM operated 12 ozone SLAMS monitoring sites 

over the 2007-2010 period within the Clark County ozone 

nonattainment area: Apex (Apex Valley), Boulder City (City of 

Boulder City), Craig Road (City of North Las Vegas), J.D. Smith 

School (City of North Las Vegas), Jean (City of Jean, south of 

Las Vegas), Joe Neal (northwest Las Vegas), Lone Mountain 

(northwest Las Vegas), Orr School (central-southeast Las Vegas), 

Paul Meyer Park (southwest Las Vegas), Palo Verde School (west 
16 

Las Vegas), Walter Johnson (west Las Vegas), and Winterwood 

(southeast Las Vegas). All 12 sites monitor ozone concentrations 

on a continuous basis using ultraviolet absorption monitors.2 

The spatial scale and monitoring objective of most of DAQEM’s 

ozone monitoring sites are “neighborhood” and “population 

exposure,” respectively. The exceptions are the Apex and Jean 

sites, whose spatial scale and monitoring objective is 

“regional” and “regional transport,” respectively, and the Joe 

Neal site, whose spatial scale is “neighborhood” and monitoring 

objective is “highest concentration.” See Clark County DAQEM’s 

Annual Network Plan Report (June 2010). 

Consistent with the requirements contained in 40 CFR part 

50, EPA has reviewed the ozone ambient air monitoring data for 

the monitoring period from 2007 through 2009 collected at the 

monitoring sites discussed above, as recorded in AQS. On the 

basis of that review, EPA has concluded that this area attained 

the 1997 8-hour ozone NAAQS based on data for the 2007-2009 

ozone seasons. Table 1 shows the ozone design values for the 

Clark County ozone nonattainment area monitors based on 2007-

 

2 DAQEM operates federal equivalent method (FEM) monitors for ozone. 

Specifically, API 400 Series ultraviolet absorption monitors. See “Annual 

Network Plan Report”, page 13, June 2010. These monitoring devices have an 

EPA designation number EQOA-0992-087. See EPA “List of Designated Reference 

and Equivalent Methods”, page 27, February 1, 2011, available at: 

http://www.epa.gov/ttn/amtic/criteria.html
17 

2009 ambient air quality monitoring data. Preliminary data 

available for 2010, summarized in table 2, are also consistent 

with continued attainment.3

Table 1 -- 2007-2009 Clark County Ozone Nonattainment Area 8-Hour 

Ozone Design Values 

DAQEM Monitoring 

Site 

Monitoring 

Site ID 

2007-2009 Average 

% data 

completeness 

2007-2009 

Design Value (ppm)

Apex 32-003-0022 96 0.074 

Boulder City 32-003-0601 92 0.072 

Craig Road 32-003-0020 97 0.072 

J.D. Smith 32-003-2002 98 0.073 

Jean 32-003-1019 96 0.076 

Joe Neal School 32-003-0075 98 0.078 

Lone Mountain 32-003-0072 98 0.076 

Orr School 32-003-1021 97 0.074 

Paul Meyer Park 32-003-0043 97 0.077 

Palo Verde School 32-003-0073 97 0.075 

Walter Johnson 32-003-0071 97 0.078 

Winterwood 32-003-0538 92 0.072 

Table 2 -- Preliminary 2008-2010 Clark County Ozone Nonattainment 

Area 8-Hour Ozone Design Values 

DAQEM Monitoring 

Site 

Monitoring 

Site ID 

2008-2010 Average 

% data 

completeness 

Preliminary 2008-

2010 

Design Value (ppm)

Apex 32-003-0022 87 0.069 

Boulder City 32-003-0601 84 0.070 

Craig Road 32-003-0020 88 0.070 

J.D. Smith 32-003-2002 98 0.069 

Jean 32-003-1019 97 0.073 

Joe Neal School 32-003-0075 98 0.076 

 

3 For 2010, DAQEM has reported three calendar quarters of data for Apex, 

Boulder City and Craig Road. Lone Mountain and Orr School monitors closed in 

April, 2010. The rest of the monitoring stations in the Clark County ozone 

nonattainment area reflect four quarters of monitoring data for 2010. 
18 

Lone Mountain 32-003-0072 76 0.070 

Orr School 32-003-1021 75 0.068 

Paul Meyer Park 32-003-0043 98 0.072 

Palo Verde School 32-003-0073 98 0.072 

Walter Johnson 32-003-0071 97 0.074 

Winterwood 32-003-0538 94 0.069 

EPA’s review of these data indicates that the Clark County 

ozone nonattainment area has met the 1997 8-hour ozone NAAQS. 

Preliminary air quality monitoring data available for 2010 are 

consistent with continued attainment. 

V. EPA’s Final Action 

EPA is determining that the Clark County (Nevada) 8-hour 

ozone nonattainment area has attained the 1997 8-hour ozone NAAQS 

based on 2007-2009 complete, quality-assured, and certified 

ambient air quality monitoring data. Preliminary data available 

to date for 2010 are consistent with continued attainment. As 

provided in 40 CFR 51.918, this determination of attainment 

suspends the requirements for the State of Nevada to submit, for 

the Clark County ozone nonattainment area, 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 as long as the area 

continues to attain the 1997 8-hour ozone NAAQS. 
19 

We are publishing this rule without prior proposal because 

the Agency views this as a noncontroversial action 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. This action will be effective 

[Federal Register: Insert date 60 days after the publication 

date], without further notice unless the EPA receives relevant 

adverse comments by [Federal Register: Insert date 30 days after 

the publication date]. 

If we receive such comments, then we will publish a 

document withdrawing the final rule 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 so at this time. If no 

such comments are received, the public is advised that this rule 

will be effective on [Federal Register: Insert date 60 days 

after the publication date] and no further action will be taken 

on the proposed rule. 

VI. Statutory and Executive Order Reviews 
20 

This action makes a determination of attainment based on 

air quality and suspends certain federal requirements, and does 

not impose additional requirements beyond those imposed by state 

law. For that reason, this action: 

• Is not a "significant regulatory action” subject to review 

by the Office of Management and Budget under Executive 

Order 12866 (58 FR 51735, October 4, 1993); 

• Does not impose an information collection burden under the 

provisions of the Paperwork Reduction Act (44 U.S.C. 3501 

et seq.); 

• Is certified as not having a significant economic impact on 

a substantial number of small entities under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.); 

• Does not contain any unfunded mandate or significantly or 

uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4); 

• Does not have Federalism implications as specified in 

Executive Order 13132 (64 FR 43255, August 10, 1999); 

• Is not an economically significant regulatory action based 

on health or safety risks subject to Executive Order 13045 

(62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action subject to Executive 
21 

Order 13211 (66 FR 28355, May 22, 2001); 

• Is not subject to requirements of Section 12(d) of the 

National Technology Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the discretionary authority to 

address 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, this determination that the Clark County ozone 

nonattainment area has attained the 1997 8-hour ozone NAAQS does 

not have tribal implications as specified by Executive Order 

13175 (65 FR 67249, November 9, 2000), because the SIP is not 

approved to apply in Indian country located in the state, and 

EPA notes that it will not impose substantial direct costs on 

tribal governments or preempt tribal law. 

The Congressional Review Act, 5 U.S.C. 801 et seq., as 

added by the Small Business Regulatory Enforcement Fairness Act 

of 1996, generally provides that before a rule may take effect, 

the agency promulgating the rule must submit a rule report, 
22 

which includes a copy of the rule, to each House of the Congress 

and to the Comptroller General of the United States. EPA will 

submit a report containing this action and other required 

information to the U.S. Senate, the U.S. House of 

Representatives, and the Comptroller General of the United 

States prior to publication of the rule in the Federal Register. 

A major rule cannot take effect until 60 days after it is 

published in the Federal Register. This action is not a “major 

rule” as defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean Air Act, petitions for 

judicial review of this action must be filed in the United 

States Court of Appeals for the appropriate circuit by [Federal 

Register: Insert date 60 days after the publication date]. 

Filing a petition for reconsideration by the Administrator of 

this final rule does not affect the finality of this action for 

the purposes of judicial review nor does it extend the time 

within which a petition for judicial review may be filed, and 

shall not postpone the effectiveness of such rule or action. 

Parties with objections to this direct final rule are encouraged 

to file a comment in response to the parallel notice of proposed 

rulemaking for this action published in the proposed rules 

section of today's Federal Register, rather than file an 
23 

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, 

Intergovernmental relations, Ozone, Reporting and recordkeeping 

requirements, Volatile organic compounds. 

_3/15/2011________ _____/s/_________________ 

Dated: Jared Blumenfeld 

 Regional Administrator, 

Region IX.