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[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71551-71555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29013]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0492; FRL-9757-1]

Approval and Promulgation of Implementation Plans; California; 
Determinations of Attainment for the 1997 8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making a number of 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 conjunction with its 
determinations for Mariposa and Tuolumne Counties and Nevada County, 
EPA is granting these areas 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 to submit revisions to the 
state implementation plans (SIP) for these areas 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: Effective Date: This rule is effective on January 2, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R09-OAR-2011-0492. The index to the docket is 
available electronically at www.regulations.gov and in hard copy at EPA 
Region 9, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed in the index, some 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., 
confidential business information). 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 below.

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 final rule.

Table of Contents

I. What determinations is EPA making?
II. What is the background for these actions?
III. What comments did we receive on the proposed rule?
IV. 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
V. EPA's Final Actions
VI. Statutory and Executive Order Reviews

I. What determinations is EPA making?

    EPA is making a number of determinations with respect to 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 these determinations, 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

[[Page 71552]]

Western Nevada County nonattainment areas.
    The six CA areas have differing applicable attainment dates. 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, quality-assured, 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.
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    \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.
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II. What is the background for these actions?

    On September 14, 2012, EPA published in the Federal Register a 
direct final rule (77 FR 56775) that made the same determinations for 
the same areas addressed in today's final rule. On that same date, we 
also published a document (77 FR 56797) that was to serve as the 
proposed rule addressing the same actions as the direct final rule if 
we were to withdraw the direct final rule in response to receipt of 
adverse comments.
    In our direct final rule, we provided background for these actions 
by describing the 1997 8-hour ozone NAAQS (0.08 parts per million 
averaged over an eight-hour time frame), the designations and 
classifications of the six CA areas and Ventura County with respect to 
the 1997 8-hour ozone NAAQS (see Table 1 from the direct final rule), 
and the statutory and regulatory provisions that allow EPA to grant 
attainment date extensions and that act to suspend attainment-related 
SIP submittal obligations. In the direct final rule, we also describe 
the basis upon which we evaluate whether an area has attained the 1997 
8-hour ozone standard, and present area-specific monitoring network 
information and data in support of our conclusions: That two of the six 
CA areas--the Southern Mountain Counties and Western Nevada County--
qualified for one-year extensions of their applicable attainment dates; 
that the six CA areas attained by their respective attainment dates, 
that all six CA areas and Ventura County have attained the NAAQS based 
on the most recent complete three-year monitoring period (2009-2011); 
and that the most recent available ambient data for 2012 are consistent 
with continued attainment of the standard. Lastly, we explained how, 
under 40 CFR 51.918, the determinations of attainment based upon the 
most recent three-year period (2009-2011) suspend attainment-related 
SIP submittal obligations for these areas with respect to the 1997 8-
hour ozone standard for so long as the areas continue to attain the 
standard, although the areas remain designated nonattainment until they 
are redesignated to attainment. Please see the direct final rule for 
detailed information concerning the subject areas, ozone monitoring 
networks and data, and our review and evaluation.
    In our direct final rule, we indicated that, if we received adverse 
comments, then we would publish a withdrawal in the Federal Register 
informing the public that the direct final rule will not take effect. 
We received such adverse comments and have withdrawn the direct final 
rule. See 77 FR 66715 (November 7, 2012). In our direct final rule, we 
stated that EPA would respond to comments received on the proposed 
rule, but that we would not institute a second comment period. In this 
final rule and in responding to comments, we continue to rely on the 
information and analysis that were set forth in the direct final rule.

III. What comments did we receive on the proposed rule?

    First, EPA received one anonymous comment that generally supports 
the proposed actions, while emphasizing the need for continued 
monitoring for the ozone standard. Second, and with respect only to 
EPA's proposed determination for the Central Mountain Counties, EPA 
also received two adverse comment letters from one individual. These 
were submitted on behalf of the Ione Valley Land, Air, and Water 
Defense Alliance (``Ione Valley Alliance''), and expressed concern over 
the proposed determination related to a portion (Amador County) of the 
Central Mountain Counties area (Amador and Calaveras Counties). See 
letters, Douglas Carstens, September 10 and October 3, 2012. EPA 
received no adverse comments with respect to its determinations for any 
of the other CA areas in its direct final and proposed rulemakings. The 
general, supportive anonymous comment and the two comments related to 
Amador County are summarized and addressed below.
    Comment 1: The anonymous commenter states that he/she generally 
agrees with our proposed determinations and the related suspension of 
the obligation to submit attainment-related SIP planning requirements, 
but emphasizes the need to continue ambient monitoring to ensure that 
the standard is maintained and to avoid the return of excessive ozone 
levels.
    Response 1: We agree that continued ambient air monitoring by CARB 
and the individual air districts (where applicable) in the seven 
nonattainment areas that are the subject of this action is necessary to 
ensure that continuing attainment of the 1997 8-hour ozone standard is 
verified. While our final determinations will suspend certain 
attainment-related SIP submittal requirements, they will not suspend 
any monitoring-related requirements and CARB and the local air 
districts (where applicable) will continue to be required to operate 
ozone monitoring networks in compliance with EPA monitoring 
regulations.
    Lastly, as described in our direct final rule, the suspension of 
attainment-related SIP requirements continues only 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. If EPA 
subsequently determines, after notice-and-comment rulemaking, that any 
one of the nonattainment areas has violated the 1997 8-hour ozone NAAQ, 
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. See 77 FR 56775, at 56778 (September 14, 2012).
    Comment 2: The Ione Valley Alliance objects to our proposed 
determination of

[[Page 71553]]

attainment for Amador County and contends that Amador County has not 
implemented sufficient measures that will ensure that it can maintain 
attainment status.
    Response 2: Amador County is part of a two-county 1997 8-hour ozone 
nonattainment area that, together with Calaveras County, is referred to 
as ``Central Mountain Counties.'' As to the Central Mountain Counties 
area, we are finalizing our proposed determination of attainment by the 
applicable attainment date (i.e., June 15, 2010 for this area) based on 
2007-2009 data, as well as our separate proposed determination that the 
area currently attains the standard based on the most recent three-year 
monitoring period (2009-2011). See pages 56779 and 56780 from our 
September 14, 2012 direct final rule. We have made these determinations 
after reviewing the complete, quality-assured data from the ozone 
monitoring station located in Jackson, California, which is the county 
seat of Amador County. As shown in Table 3 in the direct final rule 
(page 56780), the design value based on the data from the Jackson 
monitoring site was 0.080 ppm during the 2007-2009 period and 0.071 ppm 
during the 2009-2011 period. These values show levels in the area that 
are well below the 1997 8-hour ozone NAAQS.\2\ Moreover, the 
preliminary ozone data available for 2012 indicate that the area 
continues to attain the standard.
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    \2\ Design values less than or equal to 0.084 ppm represent 
attainment of the 1997 eight-hour ozone standard.
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    EPA's determinations of attainment for the Amador and Calaveras 
Counties area are solely based on complete, quality-assured air 
monitoring data. EPA's review of these data does not involve any 
evaluation of the sufficiency of the measures adopted for the area to 
maintain the NAAQS, and it is not dependent on any conclusions 
regarding those measures. Thus the comments of Ione Valley Alliance are 
not germane to the action we are taking today, i.e., determinations 
based solely on air quality data. CAA Section 181(b)(2) expressly 
provides that a determination that an area has attained by its 
attainment date is ``based on the area's design value (as of the 
attainment date).'' Similarly, EPA's determination that the area 
continues currently to attain the standard is based entirely on data 
establishing the area's design value for the most recent three years. 
The commenter does not challenge these air quality determinations 
themselves. Moreover, since our determinations of attainment for 
Central Mountain Counties are based solely on air quality, they do not 
constitute a redesignation of the area to attainment. In order for EPA 
to redesignate an area to attainment, EPA must, among other criteria, 
determine that the improvement in air quality is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the SIP and applicable Federal air pollution control regulations. To 
approve a redesignation to attainment, EPA must also review and approve 
a maintenance plan that covers the first ten years beyond 
redesignation. See CAA sections 107(d)(3)(E)(iii) and (iv) and section 
175A. At this time, California has not submitted a redesignation 
request or maintenance plan for Central Mountain Counties. EPA again 
notes that, under 40 CFR section 51.918, EPA's determination that the 
area is currently attaining the standard based on the most recent three 
years of data will be withdrawn if, after notice-and-comment 
rulemaking, EPA determines that the area is once again in violation of 
the standard.
    Comment 3: The Ione Valley Alliance contends that EPA's issuing of 
a blanket attainment ruling without public notice and comment during a 
formal rulemaking process may inappropriately expose the County to 
overdevelopment without sufficient oversight to ensure meaningful 
measures are implemented to maintain attainment status. In support of 
this contention, Ione Valley Alliance enclosed, with its September 10, 
2012 comment letter, a copy of a letter the Alliance sent to the Amador 
County Air Pollution Control District (APCD) regarding a Public Records 
Act request and a request for notices related to a specific quarry 
project, General Plan Amendment and related environmental impact 
report.
    Response 3: EPA has addressed the commenter's claims as to lack of 
notice and opportunity to comment by withdrawing our direct final rule 
in response to receipt of adverse comments and by fully responding to 
the comments in this final rule, which is based on EPA's proposed rule, 
published the same day (September 14, 2012) as our direct final rule.
    Second, as to the concern the commenter expressed regarding the 
risk of overdevelopment without sufficient oversight, EPA's 
determinations today, which derive solely from ambient ozone monitoring 
data, do not in and of themselves affect development in the county. The 
determination that the area attained the standard by its attainment 
date fulfills EPA's statutory obligation under section 181(b)(2). Our 
determination that the area is currently attaining the standard based 
on the most recent three years of quality-assured monitoring data 
reflects the reality of recent air quality in the area. It does not 
redesignate the area to attainment status, or relax control 
requirements. Pursuant to 40 CFR 51.918, the determination has the 
effect of suspending only those SIP submittal requirements related to 
attainment, but the suspension of these requirements lasts only for so 
long as the area continues to attain the 1997 8-hour ozone NAAQS. As 
explained generally on page 56778 of the direct final rule with respect 
to all of the subject areas, if EPA subsequently determines, after 
notice-and-comment rulemaking, that the Central Mountain Counties area 
has violated the 1997 8-hour ozone NAAQS, the basis for the suspension 
of the requirements for that area would no longer exist, and the area 
would thereafter have to address those requirements.
    Lastly, as noted above, the enclosure sent with the September 10th 
comment letter is a letter to the Amador County APCD containing a 
Public Records Act Request and a request for notices related to a 
quarry project and related Environmental Impact Report (EIR) prepared 
under the State's California Environmental Quality Act (CEQA). The 
letter to Amador County APCD also asserts that the EIR prepared by 
Amador County is deficient and cannot be relied upon by the APCD in 
issuing permits to project-related emissions sources; that the project 
would violate certain APCD rules and regulations; that the emissions 
from the project would be significant; that sensitive receptors in the 
area would be adversely affected; that feasible, less damaging 
alternatives are available; and that the permit applications therefore 
must be denied.
    The contents of the letter to the Amador County APCD are not 
germane to today's determinations because today's determinations are 
based solely on ambient air quality data, and the comments do not 
challenge the data or EPA's review and evaluation of the data. In 
addition, EPA's action today does not change the status of Amador 
County as nonattainment with respect to the 1997 8-hour ozone standard 
nor would it affect the permit requirements for the quarry project. 
Rather, our action today simply suspends attainment-related SIP 
submittal requirements so long as the area continues to monitor 
attainment of the 1997 8-hour ozone standard.
    Comment 4: The Ione Valley Alliance believes that the attainment 
determination does not change the designation of Amador County and that 
the status of the area continues to be

[[Page 71554]]

``nonattainment'' until official action is taken to change that 
designation.
    Response 4: We agree that the neither the determination of 
attainment by the applicable attainment date, nor the determination of 
attainment based on the most recent three-year period, for the Central 
Mountain Counties area changes the designation or classification of the 
area with respect to the 1997 8-hour ozone NAAQS. Central Mountain 
Counties will remain ``moderate'' nonattainment for the 1997 8-hour 
ozone standard until EPA takes final action to approve a maintenance 
plan for the area and a request to redesignate the area to attainment 
under CAA section 107(d)(3)(E). No such maintenance plan or 
redesignation request is pending before EPA at the present time for the 
Central Mountain Counties 8-hour ozone nonattainment area.

IV. What are the effects of these actions?

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, 
until June 15, 2011, for the Southern Mountain Counties and Western 
Nevada County nonattainment areas. The effect of granting the 
attainment date extensions is to extend the 1997 8-hour ozone 
attainment deadline for the Southern Mountain Counties and Western 
Nevada County nonattainment areas for an additional year until June 15, 
2011 and to enable EPA, pursuant to section 181(b)(2) of the CAA, to 
determine that the areas attained the 1997 8-hour ozone NAAQS by their 
extended deadlines.

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.

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 reasonably available control measures 
(RACM), reasonable further progress plans (RFP), 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.
    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.

V. EPA's Final Actions

    Based on the information and rationale presented in the direct 
final rule and in this notice of final rulemaking and after due 
consideration of all comments received, EPA is taking final action to 
make a number of determinations for certain areas in California for the 
1997 8-hour ozone NAAQS.
    First, pursuant to section 181(b)(2), EPA is determining that six 
8-hour ozone nonattainment areas in California [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)] 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 
conjunction with its determinations for Southern Mountain Counties and 
Western Nevada County, EPA is determining that these areas qualified 
for one-year extensions and is granting these extensions under CAA 
section 181(a)(5) and 40 CFR 51.907.
    Specifically, 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, quality-assured, 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.
    Third, EPA is separately determining that Central Mountain 
Counties, Butte County, Eastern Kern, Southern Mountain Counties, 
Western Nevada County, Sutter Buttes, 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 areas

[[Page 71555]]

continue to attain the 1997 8-hour ozone NAAQS.

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 February 1, 2013. 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. 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: November 19, 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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.282 is amended by adding paragraph (e) to read as 
follows:

Sec.  52.282  Control Strategy and regulations: Ozone.

* * * * *
    (e) Determinations of Attainment: Effective January 2, 2013.
    (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 
dates. 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) Determinations 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. 2012-29013 Filed 11-30-12; 8:45 am]
BILLING CODE 6560-50-P
```