66916 Federal Register / Vol. 74, No. 241 / Thursday, December 17, 2009 / Rules and Regulations 

On page 2370, column 3, in the 

preamble, under the paragraph heading 

‘‘Explanation of Revisions’’, last 

paragraph of the column, third through 

twelfth lines, the language ‘‘Example 9. 

Example 9, which reflects current IRS 

practice, explains the impact of disaster 

relief on installment agreement 

payments that become due during the 

postponement period. Example 9 

explains that the affected taxpayer’s 

obligation to make installment 

agreement payments is suspended 

during the postponement period. 

Example 9 further explains that,’’ is 

corrected to read ‘‘Example 8. Example 

8, which reflects current IRS practice, 

explains the impact of disaster relief on 

installment agreement payments that 

become due during the postponement 

period. Example 8 explains that the 

affected taxpayer’s obligation to make 

installment agreement payments is 

suspended during the postponement 

period. Example 8 further explains 

that,’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, (Procedure and Administration). 

[FR Doc. E9–29977 Filed 12–16–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–1025] 

Drawbridge Operation Regulations; 

Jamaica Bay, New York, NY, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Beach Channel 

Railroad Bridge at mile 6.7, across 

Jamaica Bay, at New York City, New 

York. Under this temporary deviation 

the Beach Channel Railroad Bridge may 

remain in the closed position for two 

weekends in December. This deviation 

is necessary to facilitate bridge 

maintenance repairs. 

DATES: This deviation is effective from 

12:15 a.m. on December 12, 2009 

through 4:45 a.m. on December 21, 

2009. It is necessary to repair the 

trunion pins immediately to ensure the 

safety of both the bridge and waterway 

users. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2009– 

1025 and are available online at 

http://www.regulations.gov, inserting 

USCG–2009–1025 in the ‘‘Keyword’’ 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Ms. Judy Leung-Yee, Project 

Officer, First Coast Guard District, 

telephone (212) 668–7165, judy.k.leungyee@uscg.mil. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The Beach 

Channel Railroad Bridge, across Jamaica 

Bay, mile 6.7, at New York, New York, 

has a vertical clearance in the closed 

position of 26 feet at mean high water 

and 31 feet at mean low water. The 

existing drawbridge operation 

regulations are listed at 33 CFR 

117.795(c). 

The waterway users consist of both 

commercial and recreational vessel 

traffic. 

The owner of the bridge, New York 

City Transit Authority, requested a 

temporary deviation to facilitate 

maintenance repairs to the bridge 

trunnion pins. 

Under this temporary deviation the 

Beach Channel Railroad Bridge will not 

open for the passage of vessel traffic 

from 12:15 a.m. on December 12, 2009 

through 4:45 a.m. on December 14, 2009 

and from 12:15 a.m. on December 19, 

2009 through 4:45 a.m. on December 21, 

2009. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: December 7, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–29970 Filed 12–16–09; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0359; FRL–8983–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

California; Monterey Bay Region 

8-Hour Ozone Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Monterey Bay Area portion of the 

California State Implementation Plan. 

Submitted by the California Air 

Resources Board on December 19, 2007, 

this plan revision consists of a 

maintenance plan prepared for the 

purpose of providing for continued 

attainment of the 8-hour ozone standard 

in Monterey Bay through the year 2014 

and thereby satisfying the related 

requirements under Section 110(a)(1) of 

the Clean Air Act and EPA’s phase 1 

rule implementing the 8-hour ozone 

national ambient air quality standard. 

EPA is taking this action pursuant to 

those provisions of the Clean Air Act 

that obligate the Agency to take action 

on submittals of state implementation 

plans and plan revisions. 

DATES: This rule is effective February 

16, 2010 without further notice, unless 

EPA receives relevant adverse comment 

by January 19, 2010. If EPA receives 

such comment, EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by [EPA–R09–OAR–2009– 

0359] by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: Sarvy Mahdavi at 

mahdavi.sarvy@epa.gov. Please also 

send a copy by e-mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

• Fax: Sarvy Mahdavi, Planning 

Office (AIR–2), at fax number (415) 947– 

3579. 

• Mail or deliver: Sarvy Mahdavi, Air 

Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, 75 Hawthorne Street, San 

Francisco, California 94105–3901. Hand 

or courier deliveries are accepted only 

between the hours of 8 a.m. and 4 p.m. 

weekdays except for legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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Instructions: All comments 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. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, 75 Hawthorne Street, San 

Francisco, California 94105–3901. 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: 

Sarvy Mahdavi, Planning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, California 94105– 

3901, telephone (415) 972–3173; fax 

(415) 947–3579; e-mail address 

mahdavi.sarvy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

This supplementary information is 

organized as follows: 

Table of Contents 

I. Summary of Action 

II. Background 

A. Regulatory Context 

B. Ambient Ozone Conditions 

III. Evaluation of State’s Submittal 

A. CAA Procedural Requirements 

B. Evaluation of Ozone Maintenance Plan 

1. Attainment Inventory 

2. Maintenance Demonstration 

3. Ambient Air Quality Monitoring 

4. Verification of Continued Attainment 

5. Contingency Plan 

6. Conclusion 

IV. Final Action and Request for Comment 

V. Statutory and Executive Order Reviews 

I. Summary of Action 

On December 19, 2007, the California 

Air Resources Board (CARB) submitted 

to EPA, for approval as a revision to the 

California State Implementation Plan 

(‘‘SIP’’), the 2007 Federal Maintenance 

Plan for Maintaining the National Ozone 

Standard in the Monterey Bay Region 

(‘‘Monterey Maintenance Plan’’ or 

‘‘Ozone Maintenance Plan’’). The 

Monterey Maintenance Plan was 

developed by the Monterey Bay Unified 

Air Pollution Control District 

(‘‘MBUAPCD’’ or ‘‘Monterey Bay’’ or 

‘‘the District’’) and adopted by the 

District on March 21, 2007. MBUAPCD 

prepared the plan to provide for 

continued attainment of the 8-hour 

ozone national ambient air quality 

standard (NAAQS) through 2014 and to 

thereby satisfy the requirements of 

section 110(a)(1) of the Clean Air Act 

(‘‘CAA’’ or ‘‘the Act’’) and EPA’s Phase 

1 Rule for implementation of the 1997 

8-hour ozone NAAQS (see 69 FR 

23951), also known as ‘‘the Phase 1 

Implementation Rule.’’ The December 

19, 2007 SIP revision submittal includes 

the maintenance plan and related 

technical appendices, as well as 

documentation of notice, public 

hearing, and adoption by the District. 

For the reasons set forth in this 

document, and pursuant to section 

110(k) of the Act, we are approving the 

Ozone Maintenance Plan as a revision to 

the Monterey Bay portion of the 

California SIP. 

In so doing, we find that the 

submitted ozone maintenance plan 

meets all of the applicable requirements 

of CAA section 110(a)(1) and our Phase 

1 Implementation Rule. 

II. Background 

A. Regulatory Context: Monterey Bay 

Designation, Classification, SIPs, and 

Attainment 

Under the Clean Air Act (CAA) as 

amended in 1970, EPA established 

national ambient air quality standards 

(NAAQS) for certain pervasive air 

pollutants, such as photochemical 

oxidant, carbon monoxide, and 

particulate matter. The NAAQS 

represent concentration levels below 

which public health and welfare are 

protected. The 1970 Act also required 

States to adopt and submit State 

Implementation Plans (SIPs) to 

implement, maintain, and enforce the 

NAAQS. 

EPA approved the original California 

SIP in 1972 (see 37 FR 10850). SIP 

revisions are required from time-to-time 

to account for new or amended NAAQS 

or to meet other changed circumstances. 

The CAA was significantly amended in 

1977, and under the 1977 Amendments, 

EPA promulgated attainment status 

designations for all areas of the country 

with respect to the NAAQS. 

The CAA requires EPA to periodically 

review and revise the NAAQS, and in 

1979, EPA established a new NAAQS of 

0.12 ppm for ozone, averaged over 1 

hour. This new NAAQS replaced the 

oxidant standard of 0.08 ppm. See 44 FR 

8202 (February 8, 1979). Areas 

designated nonattainment for oxidant 

were considered to be nonattainment for 

ozone as well, but States could request 

redesignation to attainment if 

monitoring data showed that an area 

met the ozone NAAQS. 

Congress significantly amended the 

CAA again in 1990. Under the 1990 

Amendments, each area of the country 

that was designated nonattainment for 

the 1-hour ozone NAAQS, including the 

Monterey Bay Area, was classified by 

operation of law as marginal, moderate, 

serious, severe, or extreme 

nonattainment depending on the 

severity of the area’s air quality 

problem. The ozone nonattainment 

designation for the Monterey Bay Area 

continued by operation of law according 

to section 107(d)(1)(C)(i) of the CAA, as 

amended in 1990. Furthermore, the area 

was classified by operation of law as 

moderate for ozone under section 

181(a)(1). See 40 CFR 81.305 and 56 FR 

56694 (November 6, 1991). 

On July 14, 1994, California requested 

redesignation of the Monterey Bay Area 

to attainment with respect to the 1-hour 

ozone NAAQS and submitted an ozone 

maintenance SIP for the area. 

EPA promulgated the 8-hour ozone 

NAAQS in 1997 (see 62 FR 38894 (July 

18, 1997), and designated and classified 


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areas for this standard in 2004 (see 69 

FR 23857, April 30, 2004). On January 

17, 1997, EPA redesignated the 

Monterey Bay Area from nonattainment 

to attainment for 1-hour ozone. EPA also 

approved the Monterey Bay Area 

Maintenance Plan, 1990 base year 

inventory, emission statement rule, 

volatile organic compound (VOC) 

reasonably available control technology 

(RACT) rule 419 and oxides of nitrogen 

(NOX) RACT rule 431 as revisions to 

California’s SIP for ozone. See 62 FR 

2597 (January 17, 1997). 

Effective June 15, 2004, EPA 

designated the Monterey Bay Area as 

unclassifiable/attainment for the 8-hour 

Ozone NAAQS. See 69 FR 23890 (April 

30, 2004). 

Effective June 15, 2005, EPA revoked 

the pre-existing 1-hour NAAQS. See 69 

FR 23951 (April 30, 2004). As part of 

this rulemaking, EPA also established 

certain requirements to prevent 

backsliding in those areas that were 

designated as nonattainment for the 1- 

hour ozone standard (or that were 

redesignated to ‘‘attainment’’ but subject 

to a maintenance plan, as is the case for 

the Monterey Bay Area) at the time of 

designation for the 8-hour ozone 

standard. These requirements are 

codified at 40 CFR 51.905. 

B. Ambient Ozone Conditions 

Monterey Bay currently monitors 

ozone at nine locations: Pinnacles 

National Monument (NM), Hollister, 

Scotts Valley, Carmel Valley, Salinas, 

King City, Watsonville, Santa Cruz, and 

Davenport. The District operates seven 

of these stations located in populated 

areas. The National Parks Service 

operates the station at Pinnacles NM, 

while an industry consortium operates 

the King City station. All monitors are 

State and Local Air Monitoring Stations 

(SLAMS), with the exception of 

Pinnacles and Davenport, which are 

Special Purpose Monitors (SPMs). 

The current ozone NAAQS is met at 

an ambient air quality monitoring site 

when the three-year average of the 

annual fourth-highest daily maximum 8- 

hour ozone concentration (also referred 

to as the ‘‘design value’’) is less than or 

equal to 0.08 ppm, and the standard is 

met within an air quality planning area 

when the standard is met at all of the 

monitoring sites. 

A review of the data gathered at the 

various ozone monitoring sites in the 

Monterey Bay Area, and entered into 

AQS, confirms that the Monterey Bay 

Area is in attainment of the 8-hour 

ozone NAAQS. Since 1999, the highest 

design value at any of the ozone 

monitoring sites was 0.081 ppm, a value 

calculated for the Pinnacles NM monitor 

over the 2001–2003 period. The 

following table shows design values for 

EPA’s 2001–2003 designation period for 

all nine stations in Monterey Bay 

monitoring network: 

Station 

Design 

value 

(ppm) 

Within 

standard? 

Pinnacles .............. 0.081 Yes. 

Hollister ................ 0.073 Yes. 

Carmel Valley ....... 0.066 Yes. 

Scotts Valley ........ 0.065 Yes. 

King City ............... 0.062 Yes. 

Salinas ................. 0.059 Yes. 

Watsonville ........... 0.057 Yes. 

Santa Cruz ........... 0.056 Yes. 

Davenport ............. 0.052 Yes. 

Based on the rounding convention in 

40 CFR part 50, design values less than 

or equal to 0.084 ppm meet the ozone 

NAAQS. More recently, data through 

2005 indicate that all stations continue 

to have design values within the 

standard. 

III. Evaluation of State’s Submittal 

As noted above, EPA promulgated the 

8-hour ozone NAAQS in 1997 and 

designated and classified areas for this 

standard in 2004. Additionally in 2004, 

as previously mentioned, EPA also 

published the Phase 1 Ozone 

Implementation Rule. See 40 CFR part 

51, subpart X. Section 51.905(a)(3) and 

(4) established requirements for antibacksliding purposes for areas 

designated unclassifiable/attainment for 

the 8-hour standard. 

These provisions required States with 

such areas to submit 10-year 

maintenance plans under Section 

110(a)(1) of the CAA if they were also 

nonattainment areas (or were attainment 

areas subject to a CAA section 175A 

maintenance plan) under the 1-hour 

ozone standard. Such plans were to be 

submitted as revisions to SIPs. 

MBUAPCD prepared this Ozone 

Maintenance Plan because it is an area 

designated unclassifiable/attainment for 

the 8-hour standard and an attainment 

area subject to a CAA section 175A 

maintenance plan under the 1-hour 

standard. See 40 CFR 51.905(a)(4). 

EPA provided guidance to States 

regarding section 110(a)(1) ozone 

maintenance plans in a memorandum 

from Lydia N. Wegman, Director, Air 

Quality Strategies and Standards 

Division, EPA Office of Air Quality 

Planning and Standards, entitled, 

‘‘Maintenance Plan Guidance Document 

for Certain 8-hour Ozone Areas Under 

Section 110(a)(1) of the Clean Air Act,’’ 

dated May 20, 2005 (‘‘Wegman 

Memorandum’’). For the contingency 

plan element of section 110(a)(1) 

maintenance plans, the Wegman 

Memorandum cites an EPA policy 

memorandum from John Calcagni, 

entitled, ‘‘Procedures for Processing 

Requests to Redesignate Areas to 

Attainment,’’ dated September 4, 1992 

(‘‘Calcagni Memorandum’’). 

A. CAA Procedural Requirements 

Under Section 110 of the Act and EPA 

regulations (at 40 CFR Part 51, Subpart 

F), each State must provide reasonable 

notice and public hearing prior to 

adoption of SIPs and SIP revisions for 

subsequent submittal to EPA. 

On March 13, 2007, the MBUAPCD 

published a public hearing 

announcement in the area’s four largest 

newspapers. The public hearing was 

held at an MBUAPCD Board of Directors 

meeting on March 21, 2007. The Ozone 

Maintenance Plan was presented in the 

meeting as Agenda Item 17; there were 

no public comments and the plan was 

approved by unanimous vote of the 

Board. 

B. Evaluation of Ozone Maintenance 

Plan 

The 8-hour ozone 110(a)(1) 

maintenance plan must provide for 

continued maintenance of the 8-hour 

ozone NAAQS in the area for 10 years 

from the effective date of the area’s 

designation as unclassifiable/attainment 

for the 8-hour ozone NAAQS. At a 

minimum, the maintenance plan for 

such areas must include the five 

following components: Attainment 

inventory, maintenance demonstration, 

ambient air quality monitoring, 

verification of continued attainment, 

and contingency plan. See Wegman 

Memorandum. 

As explained below, we find that the 

Monterey Maintenance Plan includes all 

five required components of a 

maintenance plan, that each component 

is acceptable, and that the overall plan 

provides for continued maintenance of 

the 8-hour ozone NAAQS in the 

Monterey Bay Area through 2014 (i.e., 

10 years beyond 2004, the year of the 

area’s designation for the 8-hour ozone 

NAAQS). 

1. Attainment Inventory 

The attainment inventory should be 

based on actual ‘‘typical summer day’’ 

emissions of Volatile Organic 

Compounds (VOCs) and Oxides of 

Nitrogen (NOX). EPA’s Phase 1 

Implementation Rule provides that the 

10-year maintenance period begins as of 

the effective date of the area’s 

designation for the 8-hour ozone 

standard. For purposes of an attainment 

emissions inventory, the State may use 

one of any of the three years on which 


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the 8-hour attainment designation was 

based (i.e., 2001, 2002, and 2003). The 

inventory should be consistent with 

EPA’s most recent emissions inventory 

methods, models, and factors, and 

should be based on the latest planning 

assumptions regarding population, 

employment, and motor vehicle activity. 

See Wegman Memorandum at 4; 

Calcagni Memorandum at 8. 

The Monterey Maintenance Plan 

includes an emissions inventory of 

VOCs and NOX for the years 1990 to 

2030. The inventory was based on 

CARB’s Version 1.06 8-hour Ozone SIP 

Emission Inventory Projections, which 

include CARB and District emissions 

inventory data for stationary and area 

sources. The mobile source emissions 

inventory was based on CARB’s draft 

EMFAC 2007 Version 2.3 emission 

model for on-road motor vehicles and 

CARB’s draft OFFROAD 2007 model for 

off-road sources. 

Based on our review of the 

documentation submitted, EPA 

concludes that the attainment inventory 

has been developed for the appropriate 

season of an acceptable attainment year, 

is comprehensive and based on 

appropriate factors and methods, and is 

thus acceptable for the purposes of a 

section 110(a)(1) ozone maintenance 

plan. 

2. Maintenance Demonstration 

The key element of a section 110(a)(1) 

ozone maintenance plan is a 

demonstration of how the area will 

remain in compliance with the 8-hour 

ozone standard for the 10-year period 

following the effective date of 

designation as unclassifiable/ 

attainment. The end projection year is 

10 years from the effective date of the 

8-hour attainment designation, which 

for the Monterey Bay Area was June 15, 

2004. Therefore, this plan must 

demonstrate attainment through year 

2014. See Wegman Memorandum at 4. 

The typical method that areas have 

used in the past to demonstrate an area 

will maintain the 1-hour ozone standard 

has been to identify the level of ozone 

precursor emissions in the area which is 

sufficient to attain the NAAQS and to 

then show that future emissions of 

ozone precursors will not exceed the 

attainment levels. To perform this 

analysis, for the 8-hour maintenance 

plan, the State must develop emissions 

inventories for the attainment year and 

for the projection year. See Wegman 

Memorandum at 4. 

Additionally, because the plan must 

demonstrate maintenance throughout 

the applicable 10-year period, not just in 

the projection year, the State must 

develop an emissions inventory for an 

interim year between the attainment 

inventory year and the projection 

inventory year to show a trend analysis 

for maintenance of the standard. See 

Wegman Memorandum at 5. 

The Monterey Maintenance Plan 

includes emissions inventories of ozone 

precursors for interim years (every year 

from 2005 through 2014), and the 

projection year (2014). To develop the 

emissions projections for the future 

years, Monterey Bay continued the 

declining trend forward based on 

historical trends in the inventory. The 

reductions in emissions are attributed to 

stationary and mobile source measures 

adopted and implemented throughout 

the Monterey Bay Area and California. 

These measures include statewide 

mobile source measures and the 

District’s prohibitory regulations for 

stationary source operations, such as 

solvents and coating operations and 

petroleum production and processing. 

See MBUAPCD Agency-wide SIP 

regulations at http://yosemite.epa.gov/

R9/r9sips.nsf/Agency?ReadForm&

count=500&state=California&

cat=Monterey+Bay+Unified+APCDAgency-Wide+Provisions. 

As noted above, Monterey Bay’s 

inventory is based on CARB’s Version 

1.06 8-hour Ozone SIP Emission 

Inventory Projections, which include 

CARB and District emissions inventory 

data for stationary and area sources. The 

mobile source emissions inventory was 

based on CARB’s draft EMFAC 2007 

Version 2.3 emission model for on-road 

motor vehicles and CARB’s draft 

OFFROAD 2007 model for off-road 

sources. EPA has concluded that these 

inventory projections are 

comprehensive, based on appropriate 

factors and methods, and thus 

acceptable for the purposes of a section 

110(a)(1) ozone maintenance plan. 

3. Ambient Air Quality Monitoring 

Generally, EPA determines whether 

an area’s air quality is meeting the 

NAAQS based upon data gathered at 

established State and local air 

monitoring stations (SLAMS) and 

national air monitoring sites (NAMS) 

and entered into the Air Quality 

Systems (AQS) database. Data entered 

into AQS has been determined to meet 

Federal monitoring requirements (see 40 

CFR part 50.6; 40 CFR part 50, appendix 

J; 40 CFR part 53; 40 CFR part 58, 

appendices A and B) and may be used 

to determine the attainment status of 

areas. We also take into account data 

from other air monitoring stations, such 

as Special Purpose Monitors (SPMs), if 

the data is collected using a Federal 

reference method or Federal equivalent 

method, unless the air monitoring 

agency demonstrates that the data came 

from a particular period during which 

EPA requirements concerning quality 

assurance, methods, or siting criteria 

were not met in practice. See 71 FR 

61236, at 61302 (October 17, 2006) and 

40 CFR 58.20. EPA reviews all data to 

determine the area’s air quality status in 

accordance with 40 CFR part 50, 

appendix I. 

On May 5, 2008, EPA approved the 

District’s Annual Network Plan 

submitted on July 1, 2007 for ozone 

monitoring stations, based on a 

determination that the MBUAPCD’s 

ozone monitoring network met the 

applicable requirements of 40 CFR Part 

58. See 2006 Ambient Air Monitoring 

Network Plan submitted on July 1, 2007, 

and Letter dated May 5, 2008, from EPA 

Region 9 (Sean Hogan) to MBUAPCD 

(Douglas Quetin) approving 

MBUAPCD’s 2006 Ambient Air 

Monitoring Network Plan. 

The State should continue to operate 

air quality monitors in accordance with 

40 CFR part 58 to verify maintenance of 

the 8-hour ozone standard in the area. 

Monterey Bay currently monitors ozone 

at nine locations. In the Ozone 

Maintenance Plan, the District commits 

to continue operating an appropriate 

ozone monitoring network in 

accordance with the requirements of 40 

CFR part 58 to verify the attainment 

status of the area. See Ozone 

Maintenance Plan at 6. 

4. Verification of Continued Attainment 

A Section 110(a)(1) ozone 

maintenance plan should indicate how 

the State will track the progress of the 

maintenance plan. This is necessary due 

to the fact that emissions projections 

made for the maintenance 

demonstration depend on assumptions 

of point, area, and mobile source 

activity and turn-over rates. One option 

for tracking the progress of the 

maintenance demonstration would be 

for the State to periodically update the 

emissions inventory. See Wegman 

Memorandum at 5. 

To ensure continued attainment, the 

District commits to continue ambient 

monitoring and to periodically update 

the emissions inventory. More 

specifically, the stationary source 

emission inventory is updated annually; 

the mobile source inventory is updated 

every two years or as updates to the 

mobile source emissions models 

(EMFAC and OFFROAD) issued by 

CARB; and the entire inventory and 

forecasts, including stationary, area, and 

mobile categories, are updated by the 

CARB and District every three years. See 

Ozone Maintenance Plan at 11. 


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5. Contingency Plan 

EPA’s Phase 1 Implementation Rule 

requires section 110(a)(1) maintenance 

plans to include contingency provisions 

to promptly correct any violation of the 

ozone NAAQS that occurs. Generally, 

contingency plans should clearly 

identify measures to be adopted, a 

schedule and procedure for adoption 

and implementation, and a specific 

timeline for action by the State. Also, 

the State should identify specific 

indicators or triggers, which will be 

used to determine when the 

contingency measures need to be 

implemented. See Calcagni 

Memorandum at 12, 13. 

The Monterey Maintenance Plan 

includes a contingency plan that 

establishes two elements: Contingency 

triggers, which would be used to 

implement measures should air quality 

in the area approach the level of the 

Federal standard; and contingency 

measures, which are templates for 

adoption of future rules. 

Monterey Bay’s contingency triggers 

have two components: An inventory 

trigger and an ambient trigger, which 

can both be activated prior to the area 

violating the standard. The inventory 

trigger is designed to prevent emissions 

from exceeding the levels identified in 

the 2002 Maintenance Inventory. This 

trigger would be met if emissions are 

forecast to reach 95% of the levels in the 

Maintenance Inventory. Based on the 

current inventory, this threshold would 

be 90.4 tons per day for VOC and 79.1 

tons per day for NOX. 

The second contingency trigger, the 

ambient trigger, was developed based on 

a review of historical air monitoring 

data. This trigger would be met if the 

average of the fourth highest annual 

concentration for the two most recent 

years of complete data from the highest 

station reached 0.085 ppm or higher. 

Implementation of the contingency plan 

would be discontinued if ambient air 

monitoring data for the third year 

indicated the area would not violate the 

standard. 

Monterey has 16 contingency 

measures, 2 of which are based on 

locally adopted rules that would require 

rule revision, while the remaining 14 

require adoption of new rules. 

The following measures require 

revisions to locally adopted rules: (1) 

Fixed and Floating Roof Petroleum 

Storage Tanks (District Rule 417)— 

requires tight-fitting secondary seals on 

most floating-roof storage tanks which 

will exert a pressure of 30 psi on the 

wall of the tank. Estimated control 

efficiency is about 75% and the costeffectiveness is $15,000 to $50,000 per 

ton reduced. (2) Metal Parts and 

Products (District Rule 434)—reduction 

of VOC emissions from coating of metal 

parts and products. Estimated control 

efficiency is 30% and cost effectiveness 

is $5,000 to $20,000 per ton reduced. 

6. Conclusion 

Based on our review of the submitted 

plan, we are approving the Monterey 

Maintenance Plan as a revision to the 

Monterey Bay portion of the California 

SIP. In so doing, we find that the 

Monterey Maintenance Plan, submitted 

to EPA by CARB on December 19, 2007, 

satisfies the requirements of CAA 

section 110(a)(1) and EPA’s Phase 1 

Implementation Rule. 

IV. Final Action and Request for 

Comment 

Under section 110(k) of the Clean Air 

Act, EPA is approving a revision to the 

Monterey Bay portion of the California 

SIP that was submitted to EPA on 

December 19, 2007 and that consists of 

the 2007 Federal Maintenance Plan for 

the Monterey Bay Region 8-Hour Ozone 

Attainment Area ‘‘Monterey 

Maintenance Plan’’ or ‘‘Ozone 

Maintenance Plan’’. As described in 

more detail above, we are approving the 

Monterey Bay Ozone Maintenance Plan 

because we find that it provides for 

continued attainment of the 8-hour 

ozone standard in the Monterey Bay 

Area through the year 2015 and thereby 

satisfies the related requirements under 

section 110(a)(1) of the Clean Air Act 

and EPA’s Phase 1 Implementation 

Rule. Our approval of the Monterey 

Maintenance Plan as a revision to the 

California SIP makes the commitments 

included therein, such as those related 

to ambient air quality monitoring, 

verification of continued attainment, 

and the contingency plan, Federally 

enforceable. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial action and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on February 16, 2010 

without further notice unless we receive 

adverse comments by January 19, 2010. 

If we receive adverse comments, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so now. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting 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 (Pub. L. 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 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, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 74, No. 241 / Thursday, December 17, 2009 / Rules and Regulations 66921 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule 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, 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 February 16, 

2010. 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 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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: November 6, 2009. 

Jane Diamond, 

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)(367) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(367) The following plan was 

submitted on December 19, 2007, by the 

Governor’s Designee. 

(i) [Reserved] 

(ii) Additional material. 

(A) Monterey Bay Unified Air 

Pollution Control District (MBUAPCD). 

(1) 2007 Federal Maintenance Plan for 

Maintaining the National Ozone 

Standard in the Monterey Bay Region 

(Monterey Maintenance Plan), 

excluding Appendix A. 

(2) MBUAPCD Board of Directors 

Certified Minutes and Resolution dated 

March 21, 2007, adopting the Monterey 

Maintenance Plan. 

(3) Letter dated May 10, 2007, from 

Association of Monterey Bay Area 

Governments (AMBAG) to MBUAPCD, 

confirming AMBAG’s approval of the 

Monterey Maintenance Plan on May 9, 

2007. 

(4) California Air Resources Board 

Executive Order # G–07–68, dated 

December 19, 2007, adopting the 

Monterey Maintenance Plan. 

* * * * * 

■ 3. Section 52.282 is amended by 

adding paragraph (b) to read as follows: 

§ 52.282 Control strategy and regulations: 

Ozone 

* * * * * 

(b) Approval. On December 19, 2007, 

the California Air Resources Board 

submitted a maintenance plan for the 

1997 8-hour ozone NAAQS for the 

Monterey Bay Area as required by 

section 110(a)(1) of the Clean Air Act, as 

amended in 1990, and 40 CFR 

51.905(a)(4). Elements of the section 

110(a)(1) maintenance plan for ozone 

include a base year (2002) attainment 

emissions inventory for ozone, a 

demonstration of maintenance of the 

ozone NAAQS with projected emissions 

inventories through the year 2014 for 

ozone, a plan to verify continued 

attainment, and a contingency plan. The 

maintenance plan meets the Federal 

requirements of Clean Air Act section 

110(a)(1) and 40 CFR 51.905(a)(4) and is 

approved as a revision to the California 

State Implementation Plan for the above 

mentioned area. 

[FR Doc. E9–29891 Filed 12–16–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 60, 61, and 62 

[FRL–9093–5] 

Change of Addresses for Submission 

of Certain Reports; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: EPA is correcting the 

addresses for both the EPA Region III 

office and the EPA Region III states in 

the General Provisions section of certain 

EPA air pollution control regulations. 

These regulations require submittal of 

notifications, reports, and other 

documents to EPA Regional Offices and 

States. This technical amendment 

updates and corrects the addresses for 

submitting such information to the EPA 

Region III Office and the affiliated 

States. 

DATES: Effective Date: This document is 

effective December 17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, Air Protection 

Division, Mail code 3AP00, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103; (215) 

814–2108 or by e-mail at 

frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’ or ‘‘our’’ is used it means the EPA. 

We are correcting the address for EPA 

Region III office in the General 

Provisions of 40 CFR parts 60, 61, and 

62. We are also correcting the address 

for the EPA Region III states—Delaware, 

District of Columbia, Maryland, 

Pennsylvania, Virginia, and West 

Virginia—in the General Provisions of 

40 CFR parts 60 and 61. Certain 

provisions of 40 CFR parts 60, 61, and 

62 regulations require the submittal of 

notifications, reports, and other 

documents to the EPA regional office. 

This technical amendment updates and 

corrects the address for submitting such 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1