Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations 56775 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–0518 to read as 

follows: 

§ 165.T08–0518 Safety Zone; Water Main 

Crossing; Choctawhatchee Bay; Santa 

Rosa Beach, FL. 

(a) Location. The following area is a 

temporary safety zone: A portion of the 

Gulf Intracoastal Waterway in 

Choctawhatchee Bay from the Highway 

331 fixed bridge west to the Red Nun 

Buoy ‘‘26’’ (LLNR 31510), to include the 

entire width of the channel. 

(b) Effective dates. This rule is 

effective from September 14, 2012 to 

October 14, 2012. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Mobile or a 

designated representative. 

(2) Persons or vessels not restricted to 

navigation in the Gulf Intracoastal 

Waterway by draft and that can safely 

do so, may pass around the zone while 

maintaining a safe distance and 

transiting at slowest safe navigational 

speed. 

(d) Informational Broadcasts. The 

Captain of the Port or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

Dated: August 22, 2012. 

D.J. Rose, 

Captain, U.S. Coast Guard, Captain of the 

Port Mobile. 

[FR Doc. 2012–22634 Filed 9–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0492; FRL–9726–6] 

Approval and Promulgation of 

Implementation Plans; California; 

Determinations of Attainment for the 

1997 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is making several 

determinations relating to 1997 8-hour 

ozone nonattainment areas in California. 

First, EPA is determining that six 8-hour 

ozone nonattainment areas in California 

(Amador and Calaveras Counties, Chico, 

Kern County, Mariposa and Tuolumne 

Counties, Nevada County, and Sutter 

County) (‘‘six CA areas’’) attained the 

1997 8-hour ozone national ambient air 

quality standard (NAAQS) by their 

applicable attainment dates. Second, in 

making these determinations for 

Mariposa and Tuolumne Counties and 

Nevada County, EPA is also granting 

them one-year attainment date 

extensions. Lastly, EPA is determining 

that the six CA areas and the Ventura 

County 8-hour ozone nonattainment 

area in CA have attained and continue 

to attain the 1997 8-hour ozone NAAQS 

based on the most recent three years of 

data. Under the provisions of EPA’s 

ozone implementation rule, these 

determinations suspend the 

requirements for these areas to submit 

revisions to the state implementation 

plan related to attainment of the 1997 8- 

hour ozone standard for as long as these 

areas continue to meet the 1997 8-hour 

ozone NAAQS. 

DATES: These actions are effective on 

November 13, 2012 without further 

notice, unless EPA receives adverse 

comment by October 15, 2012. We are 

publishing these rules without prior 

proposal because the Agency views 

them as noncontroversial actions and 

anticipates no adverse comments. 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. 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–2011–0492 by one of the following 

methods: 

1. Federal eRulemaking Portal, at 

www.regulations.gov, please follow the 

on-line instructions; 

2. Email to ungvarsky.john@epa.gov; 

or 

3. Mail or delivery to John Ungvarsky, 

Air Planning Office, AIR–2, U.S. 

Environmental Protection Agency, 

Region IX, 75 Hawthorne Street, San 

Francisco, California 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information you 

consider to be CBI or otherwise 

protected should be clearly identified as 

such and should not be submitted 

through www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 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: John 

Ungvarsky, Air Planning Office, AIR–2, 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901, 

telephone number (415) 972–3963, or 

email ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. We are providing the following 

outline to aid in locating information in 

this rule. 

Table of Contents 

I. What determinations is EPA making? 

II. What is the background for these actions? 

A. Ozone NAAQS 

B. EPA Designations and Classifications of 

Ozone Nonattainment Areas 

C. One-Year Attainment Date Extensions 

D. Determinations of Attainment by Areas’ 

Attainment Deadline and Determinations 

of Continued Attainment 

E. Ambient Air Quality Monitoring Data 

III. What are the effects of these actions? 

A. Attainment Date Extensions 

B. Determinations of Attainment by Areas’ 

Applicable Attainment Dates 

C. Determinations of Current Attainment 

and 40 CFR 51.918 

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

quality data? 

A. Monitoring Network and Data 

Considerations 


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56776 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations 

1 Ventura County is classified as a ‘‘serious’’ 

nonattainment area for the 1997 8-hour ozone 

standard. As such, the applicable attainment date 

for Ventura County is June 15, 2013. 

2On May 20, 2008 (73 FR 29073), EPA granted 

California’s request to reclassify Ventura County 

from ‘‘moderate’’ to ‘‘serious’’ for the 8-hour ozone 

standard. As such, the applicable attainment date 

for Ventura County is June 15, 2013. 

3S. Coast Air Quality Mgmt. Dist. v. EPA, 489 

F.3d 1245 (D.C. Cir. 2007). 

B. Evaluation of Attainment by Applicable 

Attainment Date and/or Current 

Attainment 

1. Butte County and Sutter Buttes 

2. Eastern Kern and Central Mountain 

Counties 

3. Southern Mountain Counties and 

Western Nevada County 

4. Ventura County 

V. EPA’s Final Actions 

VI. Statutory and Executive Order Reviews 

I. What determinations is EPA making? 

EPA is making several separate and 

independent types of determinations 

with respect to a number of 1997 8-hour 

ozone nonattainment areas in California. 

First, pursuant to section 181(b)(2) of 

the Clean Air Act (CAA), EPA is 

determining that the Amador and 

Calaveras Counties (Central Mountain 

Counties), Chico (Butte County), Kern 

County (Eastern Kern), Mariposa and 

Tuolumne Counties (Southern 

Mountain Counties), Nevada County 

(Western Nevada County), and Sutter 

County (Sutter Buttes) 8-hour ozone 

nonattainment areas in California 

(herein referred to as the ‘‘six CA areas’’) 

attained the 1997 8-hour ozone NAAQS 

by their respective applicable 

attainment dates. Second, in connection 

with this determination, EPA is also 

granting, pursuant to section 181(a)(5) 

and 40 CFR 51.907, applications 

submitted by the California Air 

Resources Board (CARB) for extensions 

to the applicable attainment dates for 

the Southern Mountain Counties and 

Western Nevada County nonattainment 

areas. 

The applicable attainment dates vary 

among the six CA areas. For Butte 

County and Sutter Buttes, EPA is 

determining that these areas attained the 

1997 8-hour ozone standard by their 

applicable attainment deadline of June 

15, 2007, based on complete, qualityassured, and certified ambient air 

quality monitoring data for 2004–2006. 

For the Central Mountain Counties and 

Eastern Kern ozone nonattainment 

areas, EPA is determining that they 

attained the 1997 8-hour ozone standard 

by their applicable attainment deadline 

of June 15, 2010, based on complete, 

quality-assured and certified air quality 

data for 2007–2009. For the Southern 

Mountain Counties and Western Nevada 

County, whose original attainment date 

was June 15, 2010, EPA is granting a 

one-year attainment date extension until 

June 15, 2011 and determining that 

these areas attained the 1997 8-hour 

ozone NAAQS by that extended 

attainment date, based on complete, 

quality-assured data for 2008–2010. 

In addition, for all the areas listed 

above and for Ventura County,1 EPA is 

determining, based on complete, 

quality-assured and certified air quality 

monitoring data for 2009–2011, that 

these areas have attained and continue 

to attain the 1997 8-hour ozone NAAQS. 

Preliminary data for 2012 indicate that 

these areas continue to attain the 

NAAQS. Under the provisions of 40 

CFR 51.918, these latter determinations 

suspend the obligation of the State to 

submit certain planning requirements 

related to attainment for as long as the 

areas continue to attain the standard. 

II. What is the background for these 

actions? 

A. Ozone NAAQS 

In 1997, EPA revised the health-based 

NAAQS for ozone, setting it at 0.08 

parts per million (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 

for children and adults who are active 

outdoors, and individuals with a preexisting respiratory disease, such as 

asthma. 

On March 27, 2008 (73 FR 16436), 

EPA promulgated a revised 8-hour 

ozone NAAQS of 0.075 ppm. On April 

30, 2012 (77 FR 30088 and 77 FR 

30160), EPA issued final rules 

addressing air quality designations and 

implementation of the 2008 8-hour 

ozone NAAQS. The rulemakings that 

are the subject of this notice concern 

only the 1997 8-hour ozone NAAQS and 

are not affected by the 2008 8-hour 

ozone NAAQS. 

B. EPA Designations and Classifications 

of Ozone Nonattainment Areas 

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 EPA designated 

Butte County, the Central Mountain 

Counties, Eastern Kern, the Southern 

Mountain Counties, Sutter Buttes, and 

Western Nevada County as 

nonattainment under title I, part D, 

subpart 1 of the CAA (subpart 1) and 

provided that these designations would 

become effective on June 15, 2004. Also 

in EPA’s April 30, 2004 action, Ventura 

County was designated nonattainment 

under title I, part D, subpart 2 of the 

CAA (subpart 2) and classified as 

‘‘moderate’’.2

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 

implementation rule that allowed areas 

to be designated under subpart 1.3 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 Butte County, 

Central Mountain Counties, Eastern 

Kern, Southern Mountain Counties, 

Sutter Buttes, and Western Nevada 

County ozone nonattainment areas were 

among those areas that would be 

classified under subpart 2. On May 14, 

2012 (77 FR 28424), EPA finalized the 

Subpart 1/Subpart 2 1997 8-Hour Ozone 

Rulemaking. The boundaries, resulting 

classifications and attainment dates for 

the six new subpart 2 California 

nonattainment areas and Ventura 

County are provided in Table 1. 

C. One-Year Attainment Date 

Extensions 

The 8-hour ozone implementation 

rule gives EPA discretion to grant up to 

two one-year extensions of the 

attainment date upon application by the 

state. The criteria for such a request are 

found in CAA section 181(a)(5) and 40 

CFR 51.907. The state must show that 

(1) the state has complied with all 

requirements and commitments 

pertaining to the area in the applicable 

State Implementation Plan (SIP); and (2) 

no more than one exceedance of the 

NAAQS has occurred in the area in the 

year preceding the extension year. 

D. Determinations of Attainment by 

Areas’ Attainment Deadline and 

Determinations of Continued 

Attainment 

Under the provisions of EPA’s ozone 

implementation rule for the 1997 ozone 


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Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations 56777 

4That portion of Kern County (with the exception 

of that portion in Hydrologic Unit Number 

18090205 the Indian Wells Valley) east and south 

of a line described as follows: Beginning at the Kern 

Los Angeles County boundary and running north 

and east along the northwest boundary of the 

Rancho La Liebre Land Grant to the point of 

intersection with the range line common to Range 

16 West and Range 17 West, San Bernardino Base 

and Meridian; north along the range line to the 

point of intersection with the Rancho El Tejon Land 

Grant boundary; then southeast, northeast, and 

northwest along the boundary of the Rancho El 

Tejon Grant to the northwest corner of Section 3, 

Township 11 North, Range 17 West; then west 1.2 

miles; then north to the Rancho El Tejon Land 

Grant boundary; then northwest along the Rancho 

El Tejon line to the southeast corner of Section 34, 

Township 32 South, Range 30 East, Mount Diablo 

Base and Meridian; then north to the northwest 

corner of Section 35, Township 31 South, Range 30 

East; then northeast along the boundary of the 

Rancho El Tejon Land Grant to the southwest 

corner of Section 18, Township 31 South, Range 31 

East; then east to the southeast corner of Section 13, 

Township 31 South, Range 31 East; then north 

along the range line common to Range 31 East and 

Range 32 East, Mount Diablo Base and Meridian, to 

the northwest corner of Section 6, Township 29 

South, Range 32 East; then east to the southwest 

corner of Section 31, Township 28 South, Range 32 

East; then north along the range line common to 

Range 31 East and Range 32 East to the northwest 

corner of Section 6, Township 28 South, Range 32 

East, then west to the southeast corner of Section 

36, Township 27 South, Range 31 East, then north 

along the range line common to Range 31 East and 

Range 32 East to the Kern Tulare County boundary. 5On March 23, 2010, James Goldstene, Executive 

Officer of the California Air Resources Board, 

submitted a request for EPA to grant a one-year 

extension of the proposed attainment date for the 

Southern Mountain Counties area. The June 15, 

2011 date reflects EPA’s final action today to grant 

CARB’s application for a one-year extension in the 

applicable attainment date for this area. 

6That portion of the Sutter Buttes mountain range 

at or above 2,000 feet in elevation. 7That part of Ventura County excluding the 

Channel Islands of Anacapa and San Nicolas 

Islands. 8That portion of Western Nevada County, which 

lies west of a line, described as follows: beginning 

at the Western Nevada Placer County boundary and 

running north along the western boundaries of 

Sections 24, 13, 12, 1, Township 17 North, Range 

14 East, Mount Diablo Base and Meridian, and 

Sections 36, 25, 24, 13, 12, Township 18 North, 

Range 14 East to the Western Nevada Sierra County 

boundary. 

9On May 24, 2010, James Goldstene, Executive 

Officer of the California Air Resources Board, 

submitted a request for EPA to grant a one-year 

extension of the proposed attainment date for the 

Western Nevada County area. The June 15, 2011 

date reflects EPA’s final action today to grant 

CARB’s application for a one-year extension in the 

applicable attainment date for this area. 

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 and associated 

reasonable available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures and 

other planning requirements related to 

attainment for as long as the 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 for an area to be 

redesignated to attainment. 

E. Ambient Air Quality Monitoring 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 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 

AQS. Heads of monitoring agencies 

annually certify that these data are 

accurate to the best of their knowledge. 

Accordingly, EPA relies primarily on 

data in AQS 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. 

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 at least 90%, 

and no single year has less than 75% 

data completeness as determined in 

Appendix I of 40 CFR part 50. 

III. What are the effects of these 

actions? 

TABLE 1—NONATTAINMENT AREA CLASSIFICATIONS AND ATTAINMENT DEADLINES

Nonattainment area Boundaries Classification Attainment date 

Butte County ................................... All of Butte County ................................................................................. Marginal ....... June 15, 2007. 

Central Mountain Counties ............. All of Amador and Calaveras Counties .................................................. Moderate ...... June 15, 2010. 

Eastern Kern .................................. The eastern portion of Kern County 4 .................................................... Moderate ...... June 15, 2010. 

Southern Mountain Counties .......... All of Mariposa and Tuolumne Counties ................................................ Moderate ...... June 15, 2011.5

Sutter Buttes ................................... A portion of Sutter County 6 ................................................................... Marginal ....... June 15, 2007. 

Ventura County .............................. A portion of Ventura County 7 ................................................................ Serious ......... June 15, 2013. 

Western Nevada County ................ The western portion of Nevada County 8 ............................................... Moderate ...... June 15, 2011.9

A. Attainment Date Extensions 

Pursuant to CAA section 181(a)(5) and 

40 CFR 51.907, the State has requested, 

and EPA is approving one-year 

attainment date extensions for the 

Southern Mountain Counties and 

Western Nevada County nonattainment 

areas. The effect of granting the 

attainment date extensions is to allow 

the State an additional year to 

demonstrate that the Southern 

Mountain Counties and Western Nevada 

County nonattainment areas have 

attained the 1997 8-hour ozone NAAQS 

pursuant to section 181(b)(2) of the 

CAA. Without the one-year extension, 

the State cannot demonstrate that the 

two areas attained 1997 8-hour ozone 

NAAQS by the attainment dates in 77 

FR 28424. 

B. Determinations of Attainment by 

Areas’ Applicable Attainment Dates 

Pursuant to section 181(b)(2) of the 

CAA, EPA is determining that the Butte 

County, Central Mountain Counties, 

Eastern Kern, Southern Mountain 

Counties, Sutter Buttes, and Western 

Nevada County ozone nonattainment 

areas attained the 1997 8-hour ozone 

NAAQS by their applicable attainment 

dates. 

These determinations discharge EPA’s 

obligations under section 181(b)(2) with 

respect to determining whether these 

areas attained by their respective 

attainment deadlines, and establish that 

these areas are not subject to 

reclassification for failure to attain by 

these deadlines. 


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56778 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations 

10Primary quality assurance organization means 

a monitoring organization or other organization that 

is responsible for a set of stations that monitor the 

same pollutant and for which data quality 

assessments can be pooled (40 CFR 58.1). 

11The Bay Area Air Quality Management District, 

the South Coast Air Quality Management District, 

and the San Diego Air Pollution Control District are 

each designated as the PQAO for their respective 

ambient air monitoring programs. 

12Letter from Sean Hogan, Manager, Air Quality 

Analysis Office, U.S. EPA Region IX, to Karen 

Magliano, Chief, Air Quality Data Branch, Planning 

and Technical Support Division, California Air 

Resources Board (June 9, 2008) (approving CARB’s 

‘‘Annual Monitoring Network Plan for the Small 

Districts in California, Volume 1: June 2007’’); 

Letter from Joe Lapka, Acting Manager, Air Quality 

Analysis Office, U.S. EPA Region IX, to Karen 

Magliano, Chief, Air Quality Data Branch, Planning 

and Technical Support Division, California Air 

Resources Board (Nov. 24, 2009) (approving CARB’s 

‘‘2009 Annual Monitoring Network Report for Small 

Districts in California’’); Letter from Matthew Lakin, 

Manager, Air Quality Analysis Office, U.S. EPA 

Region IX, to Karen Magliano, Chief, Air Quality 

Data Branch, Planning and Technical Support 

Division, California Air Resources Board (Oct. 29, 

2010) (approving CARB’s ‘‘2010 Annual Monitoring 

Network Plan for the Small Districts in California’’); 

Letter from Matthew Lakin, Manager, Air Quality 

Analysis Office, U.S. EPA Region IX, to Karen 

Magliano, Chief, Air Quality Data Branch, Planning 

and Technical Support Division, California Air 

Resources Board (Nov. 1, 2011) (approving CARB’s 

‘‘2011 Annual Monitoring Network Plan for the 

Small Districts in California’’). 

13See also EPA letters to Ventura County APCD 

approving its annual network plans for years 2009, 

2010, and 2011. 

14Letter from Deborah Jordan, Director, Air 

Division, U.S. EPA Region IX, to James Goldstene, 

Executive Officer, California Air Resources Board 

(Aug. 18, 2008) (transmitting findings of EPA’s 

Summer 2007 Technical System Audit of CARB’s 

ambient air monitoring program). 

15See, e.g., letter from Karen Magliano, Chief, Air 

Quality Data Branch, Planning and Technical 

Support Division, CARB, to Jared Blumenfeld, 

Regional Administrator, U.S. EPA Region IX, 

certifying calendar year 2011 ambient air quality 

data and quality assurance data, May 1, 2012. 

16See, e.g., letter from Joseph Fish, Deputy Air 

Pollution Control Officer, Northern Sierra AQMD, 

to Fletcher Clover, Regional AQS Administrator, 

U.S. EPA Region IX, certifying calendar year 2011 

ambient air quality data and quality assurance data, 

February 9, 2012. 

17See, e.g., letter from Michael Villegas, Air 

Pollution Control Officer, Ventura County APCD, to 

Jared Blumenfeld, Regional Administrator, U.S. 

EPA Region IX, certifying calendar year 2011 

ambient air quality data and quality assurance data, 

April 24, 2012. 

C. Determinations of Current 

Attainment and 40 CFR 51.918 

In addition, EPA is separately 

determining that the six CA areas and 

Ventura County have attained the 

standard based upon the most recent 

three years of data (without reference to 

their attainment deadlines). Under the 

provisions of 40 CFR 51.918, these 

determinations of attainment suspend 

the obligation for the State to submit 

certain planning requirements described 

above; however, they do not constitute 

redesignations to attainment under 

section 107(d)(3) of the CAA. The 

designation status of the six CA areas 

and Ventura County remains 

nonattainment for the 1997 8-hour 

ozone NAAQS until such time as EPA 

determines that each area meets the 

CAA requirements for redesignation to 

attainment, including an approved 

maintenance plan. 

In accordance with 40 CFR 51.918, 

based on these determinations, the 

obligation under the CAA for the State 

of California 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 these seven ozone 

nonattainment areas is suspended for so 

long as the areas continue to attain the 

1997 8-hour ozone NAAQS. Although 

these requirements are suspended, EPA 

is not precluded from acting upon these 

elements, if California submits them for 

EPA review and approval. 

The suspension continues 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. It is separate from, and does 

not influence or otherwise affect, any 

future designation determination or 

requirements for the area based on any 

new or revised ozone NAAQS. It 

remains in effect regardless of whether 

EPA designates the area as a 

nonattainment area for purposes of any 

new or revised ozone NAAQS. 

If EPA subsequently determines, after 

notice-and-comment rulemaking, that 

any one of these nonattainment areas 

has violated the 1997 8-hour ozone 

NAAQS, the basis for the suspension of 

the requirements for that area, provided 

by 40 CFR 51.918, would no longer 

exist, and the violating ozone 

nonattainment area would thereafter 

have to address those requirements. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

A. Monitoring Network and Data 

Considerations 

CARB is the governmental agency 

delegated under State law with the 

authority and responsibility for 

collecting ambient air quality data as 

directed by the CAA of 1977 and CAA 

Amendments of 1990. CARB and local 

Air Pollution Control Districts and Air 

Quality Management Districts 

(‘‘Districts’’) operate ambient monitoring 

stations throughout the State. CARB is 

the lead monitoring agency in the 

Primary Quality Assurance 

Organization 10 (PQAO) that includes all 

the monitoring agencies in the State 

with a few exceptions.11 CARB, Butte 

County Air Pollution Control District 

(APCD), Northern Sierra Air Quality 

Management District (AQMD), and 

Ventura County APCD are the agencies 

responsible for monitoring ambient air 

quality within the seven nonattainment 

areas affected by today’s final action. In 

addition, CARB oversees the quality 

assurance of all data collected within 

the CARB PQAO. CARB submits annual 

monitoring network plans to EPA that 

describe the monitoring sites CARB 

operates, in addition to monitoring sites 

operated by many smaller air districts, 

including Butte County APCD and 

Northern Sierra AQMD. Ventura County 

APCD submits the annual monitoring 

network plan for all sites in Ventura 

County. These plans discuss the status 

of the air monitoring network, as 

required under 40 CFR part 58.10. 

Since 2007, EPA has regularly 

reviewed these annual plans for 

compliance with the applicable 

reporting requirements in 40 CFR part 

58. With respect to ozone, EPA has 

found that the areas’ network plans 

meet the applicable requirements under 

40 CFR part 58. See EPA letters to CARB 

approving its annual network plans for 

years 2007, 2009, 2010, and 2011.12

CARB did not propose modifications to 

their network in 2008 and therefore was 

not required to submit a network plan 

to EPA for approval.13 EPA also 

concluded 14 from its Technical System 

Audit of the CARB PQAO (conducted 

during Summer 2007), that the 

combined ambient air monitoring 

network operated by CARB and the 

local air districts in their PQAO (which 

includes Butte County APCD, Northern 

Sierra AQMD, and Ventura County 

APCD) currently meets or exceeds the 

requirements for the minimum number 

of SLAMS for all criteria pollutants for 

the areas addressed in this action, and 

that all of the monitoring sites are 

reviewed with respect to monitoring 

objectives, spatial scales and other site 

criteria as required by 40 CFR part 58, 

appendix D. Also, CARB annually 

certifies that the data it submits to AQS 

are complete and quality-assured. This 

includes data from all CARB sites, along 

with some data for local district sites.15

Northern Sierra AQMD annually 

certifies that the data it submits for its 

Grass Valley site to AQS are complete 

and quality-assured.16 Ventura County 

APCD annually certifies that the data it 

submits for Ventura County to AQS are 

complete and quality-assured.17 Data for 


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18See, e.g., letter from John Ray, Air Resources 

Division Program Manager, National Park Service, 

to David Lutz, Data Certification Coordinator, U.S. 

EPA Office of Air Quality Policy and Standards, 

certifying calendar year 2011 ambient air quality 

data and quality assurance dated, April 29, 2012. 

19The Jerseydale, Sutter Buttes, and White Cloud 

Mountain ozone monitors operate only in the 

warmer six months of the year. These sites are at 

high elevations where access during the winter can 

be problematic. Ozone concentrations at these sites 

during the winter are well below the levels of the 

ambient air quality standards and are not the high 

sites in the nonattainment areas. See California Air 

Resources Board, Annual Network Plan Report 27 

(2010). 

20See CARB’s Annual Network Plan Report (July, 

2011) and Ventura County APCD’s Annual Network 

Plan Report (July, 2011). 

21Memorandum from D. Kent Berry, Acting 

Director, EPA Air Quality Management Division to 

EPA Air Directors (Feb. 3, 1994) (Procedures for 

Processing Bump Ups and Extension Requests for 

Marginal Ozone Nonattainment Areas), available at 

http://www.epa.gov/ttn/oarpg/t1/memoranda/ 

o_bump.pdf. 

National Park Service sites, which 

includes the Yosemite—Turtleback 

Dome site, are certified by the National 

Park Service.18

There were 16 ozone SLAMS 

monitoring sites operating during the 

2004–2011 period within the seven 

ozone nonattainment areas addressed in 

today’s action. These 16 sites monitored 

ozone concentrations on a continuous 

basis 19 using ultraviolet absorption 

monitors. For most sites, the spatial 

scale and monitoring objectives are 

‘‘regional’’ and ‘‘high concentrations.’’ 20

Consistent with the requirements 

contained in 40 CFR part 50, EPA has 

reviewed the complete, quality-assured, 

and certified 8-hour ozone ambient air 

monitoring data as recorded in AQS for 

the applicable monitoring period 

collected at the monitoring sites in the 

seven nonattainment areas. 

B. Evaluation of Attainment by 

Applicable Attainment Date and/or 

Current Attainment 

Based on our review of the monitoring 

data, and taking into account the 

reliability of the ozone monitoring 

network in the relevant CA 

nonattainment areas and the reliability 

of the data collected by the network, 

EPA makes the determinations 

presented in the following paragraphs. 

1. Butte County and Sutter Buttes 

Table 2 shows the ozone design 

values for the Butte County and Sutter 

Buttes ozone nonattainment area 

monitors, based on ambient air quality 

monitoring data for the three-year 

period (2004–2006) prior to the 

applicable attainment date (June 15, 

2007) and for the most recent three-year 

period (2009–2011). The data show that 

the design value for the 2004–2006 

period was equal to or less than 0.084 

ppm at all of the monitors. Therefore, 

pursuant to CAA section 181(b)(2), we 

are determining that the Butte County 

and Sutter Buttes marginal 

nonattainment areas attained the 1997 

8-hour ozone NAAQS by their 

applicable attainment date of June 15, 

2007, based on complete, qualityassured data for the 2004–2006 ozone 

seasons. In addition, the data show that 

the design value for the 2009–2011 

period was also equal to or less than 

0.084 ppm at all of the monitors. 

Therefore, we are determining, based on 

the complete, quality-assured data for 

2009–2011, that the Butte County and 

Sutter Buttes areas have attained the 

standard. Preliminary data available for 

2012 indicate that the areas continue to 

attain the standard. 

2. Eastern Kern and Central Mountain 

Counties 

Table 3 shows the ozone design 

values for the Eastern Kern and Central 

Mountain Counties ozone 

nonattainment area monitors based on 

ambient air quality monitoring data for 

the three-year period (2007–2009) prior 

to the applicable attainment date (June 

15, 2010) and the most recent three-year 

period (2009–2011). The data show that 

the design value for the 2007–2009 

period was equal to or less than 0.084 

ppm at all of the monitors. Therefore, 

pursuant to section 181(b)(2), we are 

determining that the Eastern Kern and 

Central Mountain Counties moderate 

nonattainment areas attained the 1997 

8-hour ozone NAAQS by their 

applicable attainment deadline of June 

15, 2010, based on the complete, 

quality-assured data for the 2007–2009 

ozone seasons. In addition, the data 

show that the design value for the 2009– 

2011 period was also equal to or less 

than 0.084 ppm at all of the monitors. 

Therefore, we are determining, based on 

the complete, quality-assured data for 

2009–2011, that the Eastern Kern and 

Central Mountain Counties areas have 

attained the 1997 8-hour ozone 

standard. Preliminary data available for 

2012 indicate that the areas continue to 

attain the standard. 

3. Southern Mountain Counties and 

Western Nevada County 

Table 4 shows the fourth-highest daily 

maximum recorded for 2009, the ozone 

design values for the Southern 

Mountain Counties and Western Nevada 

County nonattainment area monitors 

based on 2008–2010 ambient air quality 

monitoring data, and the ozone design 

values for the most recent three-year 

period (2009–2011). Because the 

Southern Mountain Counties and 

Western Nevada County are classified as 

‘‘moderate’’ nonattainment areas, the 

applicable attainment date for both 

areas was set as June 15, 2010. However, 

the air quality and other factors in these 

areas showed the areas were eligible, 

pursuant to CAA section 181(a)(5) and 

40 CFR 51.907, for extensions of the 

applicable attainment date for these two 

areas from June 15, 2010 to June 15, 

2011. CARB applied to EPA for these 

extensions by letters dated March 23, 

2010 and May 24, 2010 for Southern 

Mountain Counties and Western Nevada 

County, respectively (see also footnotes 

5 and 9 in table 1 of this direct final 

rule). 

As noted previously, under CAA 

section 181(a)(5) and 40 CFR 51.907, 

upon application of a State, EPA may 

extend for one additional year 

(‘‘extension year’’) the applicable 

attainment date if (1) the State has 

complied with all requirements and 

commitments pertaining to the area in 

the applicable State Implementation 

Plan (SIP); and (2) no more than one 

exceedance of the NAAQS has occurred 

in the area in the year preceding the 

extension year. No more than two oneyear extensions are allowed. We have 

reviewed the requests using the criteria 

set forth at CAA section 181(a)(5) and 

are approving the extensions in today’s 

action. The basis for our approval is set 

forth below. 

First, the fourth-highest value 

recorded at the monitors in each of 

these areas did not exceed the NAAQS 

during 2009, the year preceding the 

extension year, thereby meeting one of 

the two criteria. Second, EPA interprets 

the requirement that the State is 

complying with the commitments and 

requirements in the applicable 

implementation plan, as referenced in 

section 181(a)(5) of the CAA, to mean 

the State is implementing the EPAapproved SIP.21 EPA has determined 

that the State is implementing the 

requirements in the EPA-approved SIP 

as applicable to these two 

nonattainment areas, thereby meeting 

the other criterion under section 

181(a)(5). Therefore, because both 

criteria under CAA section 181(a)(5) are 

met in both areas, we are granting the 

one-year extensions for these two areas, 

and with the granting of one-year 

extensions under section 181(a)(5) for 

these areas, the applicable attainment 

date for the Southern Mountain 

Counties and Western Nevada County 

becomes June 15, 2011. With respect to 

this extended applicable attainment 

date, the data in table 4 show that the 

design value for the 2008–2010 period 

was equal to or less than 0.084 ppm at 


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22As noted in footnote 1 in this document, 

Ventura County is classified as a ‘‘serious’’ 

nonattainment area for the 1997 8-hour ozone standard. As such, the applicable attainment date 

for Ventura County is June 15, 2013. 

all of the monitors. Therefore, pursuant 

to section 181(b)(2), we are determining 

that the Southern Mountain Counties 

and Western Nevada County moderate 

nonattainment areas attained the 1997 

8-hour ozone NAAQS by their 

applicable attainment deadlines of June 

15, 2011, based on the complete, 

quality-assured data for the 2008–2010 

ozone seasons. In addition, the data 

show that the design value for the 2009– 

2011 period was also equal to or less 

than 0.084 ppm at all of the monitors. 

Therefore, we are also determining, 

based on the most recent three years of 

complete, quality-assured data for 2009– 

2011, that the Southern Mountain 

Counties and Western Nevada County 

areas have attained the standard. 

Preliminary data available for 2012 

indicate that the areas continue to attain 

the standard. 

TABLE 2—2004–2006 AND 2009–2011 8-HOUR OZONE NONATTAINMENT AREA DESIGN VALUES (ppm) FOR THE SUTTER

BUTTES AND BUTTE COUNTY NONATTAINMENT AREAS

Nonattainment area CARB monitoring site 

(AQS ID #) 

2004–2006 2009–2011 

APDC (%) DV APDC (%) DV 

Butte County .................. Chico, Manzanita Avenue (060070002) .............. 98 0.073 99 0.066 

Paradise, 4405 Airport Road (060070007) ......... 99 0.084 99 0.077 

Sutter Buttes .................. Sutter Buttes (061010004) .................................. 100 0.082 90 0.071 

APDC: Average Percent Data Completeness; DV: Design Value. 

TABLE 3—2007–2009 AND 2009–2011 8-HOUR OZONE NONATTAINMENT AREA DESIGN VALUES (PPM) FOR THE CENTRAL

MOUNTAIN COUNTIES AND EASTERN KERN NONATTAINMENT AREA

Nonattainment area CARB monitoring site 

(agency, AQS ID #) 

2007–2009 2009–2011 

APDC (%) DV APDC (%) DV 

Central Mountain Counties.Jackson, Clinton Road (060050002) ................... 96 0.080 98 0.071 

San Andreas, Gold Strike Road (060090001) .... 98 0.082 98 0.077 

Eastern Kern .................. Mojave, 923 Poole Street (060290011) .............. 94 0.084 92 0.080 

TABLE 4—2008–2010 AND 2009–2011 8-HOUR OZONE NONATTAINMENT AREA DESIGN VALUES (PPM) AND 2009 

FOURTH-HIGHEST DAILY MAXIMUM (PPM) FOR SOUTHERN MOUNTAIN COUNTIES AND WESTERN NEVADA COUNTY

Nonattainment 

area 

Monitoring site 

(agency, AQS ID #) 

2009 2008–2010 2009–2011 

APDC (%) Fourth-highest 

daily maximum APDC (%) DV APDC (%) DV 

Western Nevada 

County.

Grass Valley, Litton 

Building (Northern 

Sierra AQMD, 

060570005).

99 0.083 94 0.084 99 0.079 

White Cloud Mountain (CARB, 

060570007).

99 0.077 98 0.081 98 0.076 

Southern Mountain Counties.Jerseydale, 644 

Jerseydale 

(CARB, 

060430006).

94 0.077 94 0.080 91 0.076 

Sonora, Barretta 

Street (CARB, 

061090005).

98 0.077 99 0.082 98 0.074 

Yosemite, Turtleback 

Dome (NPS, 

060430003).

97 0.078 96 0.083 97 0.077 

NPS: National Park Service. 

4. Ventura County 

Table 5 shows the ozone design 

values for the Ventura County ozone 

nonattainment area monitors, based on 

ambient air quality monitoring data for 

the most recent three-year period (2009– 

2011).22 The data show that the design 

value for the 2009–2011 period was 

equal to or less than 0.084 ppm at all of 

the monitors. Therefore, we are 

determining, based on the complete, 

quality-assured data for 2009–2011, that 

the Ventura County serious ozone 

nonattainment area has attained the 

1997 8-hour ozone standard. 

Preliminary data available for 2012 

indicate that the area continues to attain 

the standard. 


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Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations 56781 

TABLE 5—2009–2011 8-HOUR OZONE NONATTAINMENT AREA DESIGN VALUES (ppm) FOR VENTURA COUNTY

Nonattainment area Ventura county APCD monitoring sites 

(AQS ID #) 

2009–2011 

APDC (%) DV 

Ventura ........................................... El Rio, Rio Mesa School #2 (061113001) ............................................. 98 0.063 

Ojai, Ojai Avenue (061111004) .............................................................. 99 0.077 

Piru, 3301 Pacific Avenue (061110009) ................................................ 99 0.077 

Simi Valley, Cochran Street (061112002) .............................................. 99 0.083 

Thousand Oaks, Moorpark Road (061110007) ..................................... 99 0.076 

V. EPA’s Final Actions 

EPA is making three separate and 

independent types of determinations. 

First, pursuant to section 181(b)(2), EPA 

is determining that six 8-hour ozone 

nonattainment areas in California 

(Amador and Calaveras Counties, Chico, 

Kern County, Mariposa and Tuolumne 

Counties, Nevada County, and Sutter 

County) attained the 1997 8-hour ozone 

NAAQS by their respective applicable 

attainment dates based on complete, 

quality-assured, and certified ambient 

air quality monitoring data. Second, in 

making these determinations for two of 

these areas, Mariposa and Tuolumne 

Counties and Nevada County, EPA is 

also determining that these areas 

qualified for one-year attainment date 

extensions and granting these 

extensions under CAA section 181(a)(5) 

and 40 CFR 51.907. These extensions 

result in an applicable attainment 

deadline for these areas of June 15, 

2011. As a result, EPA determines that 

that these two areas attained by their 

extended attainment dates. Third, EPA 

is separately determining that Amador 

and Calaveras Counties, Chico, Kern 

County, Mariposa and Tuolumne 

Counties, Nevada County, Sutter 

County, and Ventura County have each 

attained the 1997 8-hour ozone standard 

based on the most recent three years of 

complete, quality-assured, and certified 

data for 2009–2011. Preliminary data 

available for 2012 show that these areas 

continue to attain the standard. As 

provided in 40 CFR 51.918, these 

determinations of attainment suspend 

the requirements for the State of 

California to submit, for each of these 

seven ozone nonattainment areas, 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, for as long as the area 

continues to attain the 1997 8-hour 

ozone NAAQS. 

We are publishing these rules without 

prior proposal because the Agency 

views them as noncontroversial actions 

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. These 

actions will be effective November 13, 

2012, without further notice unless the 

EPA receives relevant adverse 

comments by October 15, 2012. 

If we receive such comments, then we 

will publish a document withdrawing 

the final rule affected by the comments 

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 

do so at this time. If no such comments 

are received, the public is advised that 

this rule will be effective on November 

13, 2012 and no further action will be 

taken on the proposed rule. 

VI. Statutory and Executive Order 

Reviews 

These actions make determinations of 

attainment based on air quality, result in 

the suspension of certain federal 

requirements, grant attainment date 

extensions, and/or would not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

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

• Are 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 CAA; and 

• Do 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, these actions do not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 

obligations discussed herein do not 

apply to Indian Tribes and thus 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 13, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 


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56782 Federal Register / Vol. 77, No. 179 / Friday, September 14, 2012 / Rules and Regulations 

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, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 30, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, 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 52.282 is amended by 

adding paragraph (e) to read as follows: 

§ 52.282 Control strategy and regulations: 

Ozone. 

* * * * * 

(e) Determinations of Attainment. 

Effective November 13, 2012. 

(1) Approval of applications for 

extensions of applicable attainment 

dates. Under section 181(a)(5) of the 

Clean Air Act, EPA is approving the 

applications submitted by the California 

Air Resources Board dated March 23, 

2010 and May 24, 2010 for extensions 

of the applicable attainment date for the 

Mariposa and Tuolumne Counties and 

Nevada County 8-hour ozone 

nonattainment areas, respectively, from 

June 15, 2010 to June 15, 2011. 

(2) Determinations of attainment by 

the applicable attainment date. EPA has 

determined that the Amador and 

Calaveras Counties, Chico, Kern County, 

Mariposa and Tuolumne Counties, 

Nevada County, and Sutter County 8- 

hour ozone nonattainment areas in 

California attained the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) by their applicable 

attainment dates. The applicable 

attainment dates are as follows: Amador 

and Calaveras Counties (June 15, 2010), 

Chico (June 15, 2007), Kern County 

(June 15, 2010), Mariposa and 

Tuolumne Counties (June 15, 2011), 

Nevada County (June 15, 2011), and 

Sutter County (June 15, 2007). 

(3) Determination of attainment. EPA 

is determining that the Amador and 

Calaveras Counties, Chico, Kern County, 

Mariposa and Tuolumne Counties, 

Nevada County, Sutter County and 

Ventura County 8-hour ozone 

nonattainment areas have attained the 

1997 8-hour ozone standard, based upon 

complete quality-assured data for 2009– 

2011. Under the provisions of EPA’s 

ozone implementation rule (see 40 CFR 

51.918), these determinations suspend 

the attainment demonstrations and 

associated reasonably available control 

measures, reasonable further progress 

plans, contingency measures, and other 

planning SIPs related to attainment for 

as long as the areas continue to attain 

the 1997 8-hour ozone standard. If EPA 

determines, after notice-and-comment 

rulemaking, that any of these areas no 

longer meets the 1997 ozone NAAQS, 

the corresponding determination of 

attainment for that area shall be 

withdrawn. 

[FR Doc. 2012–22469 Filed 9–13–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–1008; FRL–9361–6] 

Bifenthrin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of bifenthrin in or 

on tea, dried; grass, forage; and grass, 

hay. Interregional Research Project 

Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). This 

regulation additionally establishes timelimited tolerances in or on apple, 

nectarine, and peach under section 18 of 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA). The timelimited tolerances expire and are 

revoked on December 31, 2015. Finally, 

this regulation removes time-limited 

tolerances on orchardgrass, forage and 

orchardgrass, hay, as they will be 

superseded by permanent tolerances. 

DATES: This regulation is effective 

September 14, 2012. Objections and 

requests for hearings must be received 

on or before November 13, 2012, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–1008, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; email address: 

nollen.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include, but are not limited 

to those engaged in the following 

activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 


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