**INDEX TO DOCKET EPA-R09-OAR-2011-0638**

**APPROVAL AND PROMULGATION OF AIR QUALITY IMPLEMENTATION PLANS;**

**CALIFORNIA; DETERMINATIONS OF FAILURE TO ATTAIN THE ONE-HOUR**

**OZONE STANDARD**

**CATEGORY I. NOTICE OF FINAL RULEMAKING**

A. Final Rule, “Approval and Promulgation of Air Quality Implementation Plans; California; Determinations of Failure to Attain the One-Hour Ozone Standard,” prepublication, signed version, December 16, 2011.

B. 76 FR 82133, Final Rule, “Approval and Promulgation of Air Quality Implementation Plans; California; Determinations of Failure to Attain the One-Hour Ozone Standard,” December 30,

2011.

**CATEGORY II. NOTICE OF PROPOSED RULEMAKING**

A. Proposed Rule, “Approval and Promulgation of Air Quality Implementation Plans; California; Determinations of Failure to Attain the One-Hour Ozone Standard,” pre-publication, signed version, September 1, 2011.

B. 76 FR 56694, Proposed Rule, “Approval and Promulgation of Air Quality Implementation Plans; California; Determinations of Failure to Attain the One-Hour Ozone Standard,” September

14, 2011.

**CATEGORY III. INCORPORATION BY REFERENCE DOCUMENTS**

None.

**CATEGORY IV. OFFICIAL PUBLIC COMMENT ON THE NPRM**

A. Letter from Seyed Sadredin, Executive Director, San Joaquin Valley Unified Air Pollution Control District to Doris Lo, Air Planning Office (AIR-2), U.S. Environmental Protection Agency, Region 9, dated October 12, 2011.

B. Letter from Barry R. Wallerstein, D.Env., Executive Officer, South Coast Air Quality Management District to Deborah Jordan, Air Director, U.S. Environmental Protection Agency - Region IX, dated October 13, 2011.

C. Letter from Paul Cort, Staff Attorney, Earthjustice to Doris Lo, Air Planning Office (AIR-2), U.S. Environmental Protection Agency, Region 9, dated October 14, 2011.2

**CATEGORY V. FEDERAL REGISTER NOTICES RELIED UPON FOR NPRM**

A. 44 FR 8202, “Revisions to the National Ambient Air Quality Standards for Photochemical Oxidants,” Final rule, February

8, 1979.

B. 56 FR 56694, “Designation of Areas for Air Quality Planning Purposes,” Final rule, November 6, 1991.

C. 66 FR 56476, “San Joaquin Valley Nonattainment Area; Designation of East Kern County Nonattainment Area and Extension of Attainment Date; California; Ozone,” Final
rule, November 8, 2001.

D. 69 FR 20550, “Clean Air Act Reclassification, San Joaquin Valley Nonattainment Area; California; Ozone,” Final rule, April 16, 2004.

E. 69 FR 23858, “Air Quality Designations and Classifications for the 8-Hour Ozone National Ambient Air Quality Standards; Early Action Compact Areas With Deferred Effective Dates,” Final rule, April 30, 2004.

F. 69 FR 23951, “Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard--Phase 1,” Final rule, April 30, 2004.

G. 74 FR 2936, “Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision,” Proposed rule, January 16, 2009.

H. 74 FR 7027, “Proposed Rule To Implement the 1997 8-Hour Ozone National Ambient Air Quality Standard: Revision on Subpart 1 Area Reclassification and Anti-Backsliding Provisions Under Former 1-Hour Ozone Standard; Proposed Deletion of Obsolete 1-Hour Ozone Standard Provision,” Notice of public hearing and extension of comment period, February 12, 2009.

I. 75 FR 1716, “Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District,” Final rule, January 13, 2010.3

J. 76 FR 45212, “Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District,” Proposed rule, July 28, 2011.

**CATEGORY VI. OTHER DOCUMENTS RELIED UPON FOR NPRM**

A. Letter from Chris Collins, A/Q Supervisor, MDAQMD, to Wayne Nastri, Regional Administrator, EPA Region IX, dated June

27, 2007.

B. Letter from Sean P. Hogan, Manager, Air Quality Analysis Office, EPA Region IX, to Eldon Heaston, Executive Director, MDAQMD, dated April 30, 2008.

C. Letter from Deborah Jordan, Director, Air Division, EPA Region IX, to James Goldstene, Executive Officer, California Air Resources Board, dated August 18, 2008.

D. EPA Region 9, “Technical System Audit of the California Environmental Protection Agency Air Resources Board, 2007,” August 2008.

E. California Air Resources Board, State and Local Air Monitoring Network Plan , June 2009.

F. San Joaquin Valley Unified Air Pollution Control District, Air Monitoring Network Plan , dated June 30, 2010.

G. Mojave Desert Air Quality Management District, 2010 Annual Monitoring Network Plan , 2010.

H. Antelope Valley Air Quality Management District, 2010 Annual Monitoring Network Plan , 2010.

I. South Coast Air Quality Management District, South Coast Air Quality Management District, 5 Year Network Assessment , July

2010.

J. South Coast Air Quality Management District, Annual Air Quality Monitoring Network Plan , July 2010.

K. Letter from Matthew Lakin, Manager, Air Quality Analysis Office, Air Division, EPA Region IX, to Dr. Chung S. Liu,4

Deputy Executive Officer, Science and Technology Advancement, SCAQMD, dated November 1, 2010.

L. Letter from Matthew Lakin, Manager, Air Quality Analysis Office, Air Division, EPA Region IX, to Scott Nester, Planning Director, SJVUAPCD, dated November 1, 2010.

M. South Coast Air Quality Management District, Rule 317, “Clean Air Act Non-Attainment Fees,” amended February 4,

2011.

N. Antelope Valley Air Quality Management District, Rule 315, “Federal Clean Air Act Section 185 Penalty,” adopted February 15, 2011.

O. Mojave Desert Air Quality Management District, Rule 315, “Federal Clean Air Act Section 185 Penalty,” adopted February 28, 2011.

P. Letter from Deborah Jordan, Director, Air Division, U.S. EPA Region IX, to Barry Wallerstein, Executive Officer, SCAQMD,
dated March 14, 2011.

Q. U.S. EPA, Region 9, “Technical System Audit Report, South Coast Air Quality Management District, April 13-April 16,
2010,” dated March 2011.

R. EPA, “List of Designated Reference and Equivalent Methods,” April 1, 2011.

S. 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, dated April 28, 2011.

T. Letter from Chung S. Liu, Deputy Executive Office, Science and Technology Advancement, SCAQMD, to Jared Blumenfeld, Regional Administrator, U.S. EPA Region IX, dated April 29,

2011.

U. Air Quality System Quicklook report, dated May 11, 2011.

V. Air Quality System Quicklook report, dated May 19, 2011.5

W. San Joaquin Valley Unified Air Pollution Control District, Rule 3170, “Federally Mandated Ozone Nonattainment Fee,” amended May 19, 2011.

X. Letter from Seyed Sadredin, Executive Director/Air Pollution Control Officer, to Jared Blumenfeld, Regional Administrator, U.S. EPA Region IX, dated June 13, 2011.

Y. Air Quality System Quicklook report, dated June 16, 2011.

Z. Air Quality System Quicklook report, dated July 8, 2011.

**CATEGORY VII. ADDITIONAL DOCUMENTS RELIED UPON FOR RESPONSES TO**

**COMMENTS**

A. Memorandum for File (EPA-R09-OAR-2011-0638), “Status of Moderate and Above One-Hour Ozone Areas (not redesignated to attainment for the 8-hour ozone standard) with respect to

EPA’s determination of attainment or failure to attain the one-hour ozone standard,” prepared by Jeff Wehling, EPA Region IX, Office of Regional Counsel, dated December 14,

2011.

B. Highest 4 Daily Maximum Hourly Ozone Measurements for the South Coast Air Basin, from the California Air Resources Board website, document dated 12/2/2011.

C. Highest 4 Daily Maximum Hourly Ozone Measurements for the San Joaquin Valley Air Basin, from the California Air Resources Board website, document dated 12/2/2011.

D. Highest 4 Daily Maximum Hourly Ozone Measurements for the Mojave Desert Air Basin, from the California Air Resources Board website, document dated 12/2/2011.

E. OHR Intranet – Administrative Policy – Delegations Manual, 7-10. Approval/Disapproval of State Implementation Plans.

F. OHR Intranet – Administrative Policy – Delegations Manual,

7-110. Attainment Area Reclassifications and Attainment Date

Extensions.

G. 61 FR 65716, “National Ambient Air Quality Standards for Ozone: Proposed Decision,” Proposed rule, December 13, 1996.6

H. 62 FR 1150, “Approval and Promulgation of Implementation Plans; California – Ozone,” Final rule, January 8, 1997.

I. 62 FR 38856, “National Ambient Air Quality Standards for Ozone,” Final rule, July 18, 1997.

J. 65 FR 18903, “Approval and Promulgation of State Implementation Plans; California – South Coast,” Final rule, April 10, 2000.

K. 70 FR 22803, “Determination of Attainment for the Ozone and Carbon Monoxide National Ambient Air Quality Standards in Washoe County, NV,” Final rule, May 3, 2005.

L. 73 FR 42727, “Determination of Attainment of the One-Hour Ozone Standard for the Southern New Jersey Portion of the Philadelphia Metropolitan Nonattainment Area,” Proposed rule, July 23, 2008.

M. 74 FR 10176, “Approval and Promulgation of Implementation Plans; State of California; 2003 State Strategy and 2003 South Coast Plan for One-Hour Ozone and Nitrogen Dioxide,” Final rule, March 10, 2009.

N. 74 FR 18641, “Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Finding of Attainment for 1-Hour Ozone for the Milwaukee-Racine, WI Area,” Direct final rule, April 24, 2009.

O. 74 FR 25153, “Approval and Promulgation of Air Quality Implementation Plans; California; Determination of

Attainment of the 1-Hour Ozone Standard for the Ventura County Area,” Direct final rule, May 27, 2009.

P. 75 FR 10420, “Approval and Promulgation of Implementation Plans; 1-Hour Ozone Extreme Area Plan for San Joaquin Valley, CA,” Final rule, March 8, 2010.

Q. 75 FR 64949, “Approval and Promulgation of Air Quality Implementation Plans; Rhode Island; Determination of Attainment of the 1997 Ozone Standard for the Providence, RI Area,” Final rule, October 21, 2010.

R. 76 FR 14805, “Approval and Promulgation of Air Quality Implementation Plans: New Hampshire; Determination of7

Attainment of the 1997 Ozone Standard,” Final rule, March

18, 2011.

S. 76 FR 58507, “Proposed Settlement Agreement, Clean Air Act Citizen Suit,” Notice of proposed settlement agreement; Request for public comment, September 21, 2011.

T. 76 FR 77739, “Approval and Promulgation of Air Quality Implementation Plans; Massachusetts and New Hampshire; Determination of Attainment of the One-Hour Ozone Standard,” Proposed rule, December 14, 2011.